Betty Lou Hosting Policies
TERMS OF SERVICE
The terms and conditions described in these Terms of Service (the “Agreement”) govern your (the “Client”) purchase and use in any manner of all Products and Services ordered by the Client and provided by Betty Lou Hosting (Betty Lou, LLC, the “Company”). This Agreement explains what is and is not allowed when using our Services, the rights you have as a user of our Services, the rights Betty Lou Hosting has in response to your use of our Services, and other important information. This Agreement is a legal contract between the Client and Betty Lou Hosting. It is important that you read these terms and conditions carefully. If you do not agree to these terms and conditions, then you may not use the Service. If there is anything that you do not understand in these terms and conditions, please contact us.
By purchasing and using the Services you agree to all of the terms and conditions outlined here.
Betty Lou Hosting reserves the right to modify any of the terms and conditions contained within this Agreement at any time and for any reason. Betty Lou Hosting can make modifications to the terms and conditions without notice to the Client. The continued use of the service implies you agree with the changes and agree to be bound by them.
Age. By purchasing Services, you agree you are eighteen (18) years of age or older as the Services provided are solely intended for users eighteen years of age or older. Any registration or use of the account by anyone under the age of eighteen (18) is in violation of this agreement.
Use by another party. If the provided Service is used by another party on behalf of the client, as the other party you agree to be bound to this Agreement and to use the Service responsibility as intended by the Client.
Use on behalf of another party. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.
Account Information. You agree to (1) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms (“Registration Data”); (2) maintain the confidentiality of your password and other information related to the security of your account; (3) maintain and promptly update the Registration Data and any other information you provide to Betty Lou Hosting, to keep such information accurate, current and complete; and (4) be fully responsible for all use of your account and for any actions that take place through your account.
Account Usage. You are responsible for any and all use on your account. It is your responsibility to keep your account confidential.
Non-Payment. In the event of non-payment, the Client is not permitted to use the website in any manner as per the Payment section below.
Non-resell. Accounts cannot be used to host websites not owned by the Client. The Client does not have the right to resell any portion of the account.
Backups. Backups, including but not limited to WP Backups, WP Backups and Updates, or WP Secure and Optimize, taken by the Service are full site backups and we cannot extract individual pages for recory. Recovery will consist of the entire site. Current backups are available for the previous 48 hours. The Client understands that the recovery backups only cover the previous 48 hours.
Recovery. The Client must submit a support ticket requesting recovery before the Client website can be restored. The Client agrees to using a full site backup to recover. Betty Lou Hosting is not responsible for any loss of new data added to the site since the time the recovery backup was taken.
Domain Registration. Domain registration is provided to the Client by Betty Lou Hosting as a reseller of a third-party registrar. By using domain registration services with Betty Lou Hosting you agree to the registrar’s Agreements below.
DISASTER RECOVERY / WARRANTIES
Betty Lou Hosting works hard to maintain all equipment associated with the Service so it performs optimally, however, as with all technology on occasion there may be disruptions of service. In the event of service failure, Betty Lou Hosting is limited to damages of the pro-rata monthly charge during the time of service interruption.
Disaster Recovery and Security. Betty Lou Hosting servers are located in a SSAE-16 Compliant data center with redundant power sources and security. In the event of a power outage, natural disaster, unforeseen occurrence, etc, the data center has redundant power sources to keep our servers online. However, Betty Lou Hosting is not responsible for any lost data in the event of the previous mentioned situations. Please reference Client Responsibilities.
Betty Lou Hosting servers are located in 24/7/365 manned facilities that are protected, both logically and physically, against unauthorized access.
Client Responsibilities: Betty Lou Hosting makes no warranties or representations of any kind for the service provided. Betty Lou Hosting is not responsible for any loss or damages that may be suffered by the Client from delays or errors of the Client. It is the Client’s responsibility to maintain a regular back-up of any data stored in the Client’s account including website, database, files and any other data. This is an affirmative duty. Betty Lou Hosting is not responsible for the loss of any Client Content. Note: It is essential that Clients backup files offline, even if user purchases or has products, such as WP Backups, WP Backups and Updates, or WP Secure and Optimize.
The titles and heading of this paragraphs in this Agreement are intended solely for convenience of reference and are not intended for any other purpose whatsoever or to explain, modify, or place and construction on any of the provisions of this Agreement.
LIMITATION OF LIABILITY
The liability of Betty Lou Hosting shall not exceed the amount paid by the customer during the 3 (three) months prior to the date of the claim. Betty Lou Hosting is not liable for any loss of use, data or interruption in business or service whether the cause was direct or indirect.
You acknowledge and accept that despite the security measures Betty Lou Hosting takes in connection with the Services, Betty Lou Hosting’s system and/or Client Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, worms or Trojan horses, or the like. Under such circumstances, Betty Lou Hosting may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Betty Lou Hosting shall have no liability to you for any damage or loss that you may incur due to such corrective action. You further acknowledge and agree that you are solely responsible for backing-up all Client Content and Client Websites.
Payment. Client agrees to pay for the Service using Stripe or PayPal and any future renewals will be billed to the same payment method unless otherwise canceled or modified. Payment will be billed monthly, quarterly, semi-annually or annually depending on the package selected and agreed upon. Payment will be made for the selected term.
Price Increases. Betty Lou Hosting may increase the fees for the Services (1) in the manner permitted in the applicable description of the Service published by Betty Lou Hosting on the Betty Lou Hosting website or in a promotional offer and (2) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you.
Automatic renewals. By purchasing the Services, you agree to allow Betty Lou Hosting to place your account on a recurring plan. The account will automatically be re-billed according to the term length of the Services you select.
Invoices. Invoices are sent 7 (seven) days prior to the due date. Invoices are always due on the 1st (first) day of the month. Invoice reminders are sent 3 (three) days prior to due date.
Late Payments. Late payment reminders are sent via email on the 1st (first), 3rd (third), and 5th (fifth) days after the due date. Late payments will incur a late payment fee of 10% on the 5th (fifth) day after invoice is due. Accounts are suspended on the 7th (seventh) day after the invoice is due.
Failure to Pay. If you fail to pay the invoice, we may suspend or terminate your Services and pursue the collection costs incurred by Betty Lou Hosting, including without limitation, any arbitration and legal fees and Betty Lou Hosting’s reasonable attorneys’ fees. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost Client Content that results from any suspension or reactivation.
Fraud. It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.
Refunds. Refunds will be made to the Client on a prorated basis dependent on when the Client cancels the Service.
PERMISSIONS AND RELEASES
The Client agrees to indemnify and hold harmless the Betty Lou Hosting against any and all claims, costs, and expenses, including attorney’s fees, due to materials included in the Work at the request of the Client for which no copyright permission or previous release was requested or uses which exceed the uses allowed pursuant to a permission or release. You agree to indemnify, defend and hold harmless the Betty Lou Hosting Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney’s fees) threatened, asserted, or filed by a third party against any of the Betty Lou Hosting Parties arising out of or relating to (1) your use of the Services, (2) any breach or violation by you of this Agreement; or (3) any of your acts or omissions, except to the extent any of the foregoing directly results from Betty Lou Hosting’s own gross negligence or willful misconduct. The terms of this section shall survive any termination of this Agreement.
Clients are required to utilize server resources in an efficient and responsible manner. Excessive use of server CPU and memory resources by a Client can interfere with or prevent normal service performance for other customers.
Acceptable Use Policy. Hosting space is limited to Web files, active e-mail and content of the hosted Client’s Websites, not for storage (whether of media, e-mails, or other data). Hosting space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Betty Lou Hosting expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Betty Lou Hosting may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete Client Content for those Client accounts that are found to be in violation of Betty Lou Hosting policies. You hereby agree that Betty Lou Hosting shall have no liability due to any action that Betty Lou Hosting may take, including without limitation suspension or termination of Services in connection with your violation of this section.
Limited File Transfer. Betty Lou Hosting does sets limits on the amount of visitor traffic Client Websites can receive or on the amount of content a Client can upload to Client Websites in any given month. Betty Lou Hosting does not charge additional fees based on the increased use of bandwidth, as long as the Client’s use of the Services complies with this Agreement. Betty Lou Hosting will require the Client to upgrade services if additional services are needed on a continued basis. In most cases, Client Websites will be able to support as much traffic as the Client can legitimately acquire. However, Betty Lou Hosting reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Clients.
Technical Support Tickets. Betty Lou Hosting provides technical support through the Support Ticket system within the Client Portal ONLY. You can expect a response within 48 hours for non-urgent matters and you should expect a response during standard business hours. Urgent requests will be responded to within the same day if the support ticket is submitted during standard business hours, Monday – Friday 8 AM – 5 PM. It is the sole discretion of Betty Lou Hosting to determine if a support ticket is urgent.
You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Betty Lou Hosting’s Technical Support Services, you grant Betty Lou Hosting and, if necessary, third party trusted technical support permission to access your account, if necessary, to resolve your issue. You agree that Betty Lou Hosting and its agents and employees are not liable for any damage resulting from the provision of customer support.
Ineligibility for Technical Support. Betty Lou Hosting will not provide Technical Support Services if: (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (1) any modification or attempted modification of the Services by you or any third party outside of Betty Lou Hosting’s control, or (2) your failure or refusal to implement changes recommended by Betty Lou Hosting; or (c) you are abusive toward our staff in any manner.
TERM AND TERMINATION
This Agreement is effective from the date Services are purchased and will continue until terminated by either party. Upon termination for any reason, all data stored on the Client account will be deleted and cannot be restored.
Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving notice to Betty Lou Hosting by email. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Betty Lou Hosting’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation. After the account is canceled, all Client Data will be permanently removed from the server. Please make a backup of all Client Data before you contact Betty Lou Hosting to cancel your account.
Termination by Betty Lou Hosting. Betty Lou Hosting may terminate your access to the Services, in whole or in part, without notice in the event that: (1) you fail to pay any invoices due to Betty Lou Hosting as outlined in the Payment Terms; (2) you violate the terms and conditions of this Agreement; (3) your conduct may harm Betty Lou Hosting or others, cause Betty Lou Hosting or others to incur liability, or disrupt Betty Lou Hosting’ business operations (as determined by Betty Lou Hosting in its sole discretion); (4) you are abusive toward Betty Lou Hosting staff in any manner; or (5) for any other lawful reason or as otherwise specified in this Agreement. In such event, Betty Lou Hosting will not refund to you any payments made in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.
Data Deletion. Upon termination of the Services for any reason, Client Content, Client Websites, and other data will be deleted. The Client should always maintain back-up copies of all Client Content, Client Websites, and other data. Betty Lou Hosting is not responsible for the loss of any Client Content. It is essential that Clients backup files offline, even if user purchases or has products, such as WP Backups, WP Backups and Updates, or WP Secure and Optimize.
Modification of Services. Betty Lou Hosting reserves the right to modify, change, or discontinue any aspect of the Services at any time.
TRANSFER OF AGREEMENT
Client may not assign or transfer this Agreement. In the event that the Client assumes a new owner due to sale of the company or any other reason, the Client shall notify Betty Lou Hosting in writing at least 30 days prior to the effective date.
THIRD PARTY PRODUCTS AND SERVICES
Betty Lou Hosting may provide referrals to third party products and services. It is the Client’s responsibility to confirm the terms and conditions of the third-party products and services as Betty Lou Hosting is not an agent or representative of any kind of any third party. Betty Lou Hosting is also not responsible for any content displayed on third party websites.
In some circumstances, Betty Lou Hosting can transfer your website from your old host. You may be eligible to receive a free transfer within thirty (30) days of account activation depending on the type and size of your website. Outside of the initial thirty (30) day timeframe, please contact Betty Lou Hosting to receive a quote to transfer your website. Betty Lou Hosting is not responsible for any loss of data during the transfer. It is your responsibility to maintain a current backup of your website including content and data at all times.
The Client is permitted to upload, store, publish, display and distribute text, images and videos through our Services. This includes any content added by you or users of your website. You agree that in use of our Services you hold the right to post the content on your website in accordance with our Resource Usage.
The client holds full rights to all content and no rights are held by Betty Lou Hosting.
Censorship. Betty Lou Hosting will exercise no control whatsoever over the content of the information passing through the network, email or web site. Client agrees to only store information on their account in agreement with the terms and conditions. Betty Lou Hosting does not monitor the data on any website and the Client is solely responsible for any sensitive information displayed or submitted on the website.
Betty Lou Hosting has the right to remove any portion of a website to take corrective action at the sole discretion of Betty Lou Hosting. Betty Lou Hosting also has the right to suspend or terminate services without a refund in the Client is found to be in violation of the terms and conditions. Betty Lou Hosting does not hold any liability for any corrective action that was required to be taken.
Betty Lou Hosting has the right to refuse any subject matter it deems inappropriate.
You will use your best efforts to ensure that the Client Content is and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.
GOVERNING LAW AND JURISDICTION
Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Texas. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
Last Updated August 7, 2019
DOMAIN REGISTRATION AGREEMENT
- YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below), the URS (defined below), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), any registry, or governments.
- CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by Betty Lou Hosting, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), Betty Lou Hosting will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or (b) to cancel your Services, including domain name registration services, with Betty Lou Hosting. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we or Your Primary Service Provider notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
- REGISTRANT RIGHTS AND RESPONSIBILITIES: ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a “plain language” summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.
- YOUR ACCOUNT: You must create an account to use the Services (“Account”). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
- ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
- You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.
- You may provide information regarding the name-servers assigned to your domain name(s) and, if Betty Lou Hosting is providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, Betty Lou Hosting may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Name Only” Services.
- OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
- If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) obtained the third party’s express written consent to the disclosure and use of that party’s information as set forth in this Agreement.
- You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the “Illegal Uses”). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.
- You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
- ACCESSING YOUR ACCOUNT:
- In order to change any of your Account or domain name WHOIS information, you must access your Account with Betty Lou Hosting. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
- Betty Lou Hosting will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL BETTY LOU HOSTING BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.
- If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees, currently set at fifty dollars ($50) per hour, for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys’ fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by you or a third party.
- SHARING OF WHOIS INFORMATION:
- We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
- ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
- ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
- OUR SERVICES:
- DOMAIN NAME REGISTRATION.
- We are accredited registrars with ICANN for generic top level domain names (“gTLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code top level domain names (“ccTLDs”) (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/.Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.
- We Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.
- If you submit an application for pre-registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In the event two (2) or more pre-registration applications are received for the same domain name and the domain name is secured, all applicants will be invited to a private auction to decide who gets the domain name. If you are such an applicant and wish to participate in the auction, you must first acknowledge any trademark claims notice that is shown to you and agree to any additional terms and conditions which may be applicable. We reserve the right to cancel any pre-registration request at any time and for any reason.
- AFTER MARKET DOMAIN NAMES:
- We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names (“After Market Domain Name(s)”). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety (90) days or less from the date of your purchase before expiration, we will renew your After Market Domain for you for free. If the After Market Domain Name is already located with us as the domain registrar at the time of your purchase and it has ninety-one (91) days or more before expiration, you are responsible for all renewal fees. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy.
- Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first sixty (60) days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.
- NOT INCLUDED IN THE SERVICES:
- We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.
- We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.
- USE OF FREE SERVICES:
- From time to time we may provide you with free or low-cost domain name(s) registration services (“Promotional Name(s)”). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
- DOMAIN NAME REGISTRATION.
- SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
- We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we and your Primary Service Provider may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.
- At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
- If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.
- We and any registry reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the registry deem necessary, in either our or the registry’s unlimited and sole discretion: (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the registry, as well as our or the registry’s affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities described in Section 4.b.ii above; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.
- FEES AND TAXES:
- You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees otherwise communicated to you. In the event any of the fees for Services change, we will use reasonable efforts to give you thirty (30) days prior notice of such changes on the Pricing Page or by other reasonable means. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or PayPal) or that you change from one payment provider to another.
- Unless specified otherwise, the fees for the Services do not include taxes. If we are required to pay ICANN fees or United States or international sales, use, property, value-added (“VAT”), royalty, license, or other taxes based on your use of the Services, then you must pay such fees or taxes. This section does not apply to taxes based on our income.
- PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with us and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems may be assumed by, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee set forth on the Pricing Page or otherwise communicated to you. If you have an issue with credit card or other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process company to request a charge back or reversal of the charges.
- EXPIRATION AND RENEWAL OF SERVICES: It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. With respect to domain name registration services, we will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we will email an additional renewal notification within five (5) days after the expiration of such domain name’s registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on “auto-renew.” We will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available.
- EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
- Reactivation Period Process. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period.” You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we may determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.
- After the reactivation period, if any, we may:
- Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We will participate in this process, typically called the “Redemption Grace Period” (“RGP”), for each gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of your ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on the Pricing Page and does not include any registration fees that may also be due. We are not obliged to contact you to alert you that the domain name registration services are being discontinued; or
- Pay the registry’s registration fee or otherwise provide for the registration services to be continued. In which case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the ERGP fee (which is the same as the RGP fee) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or
- If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
- Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). You may contact us to have your domain name(s) locked or unlocked or to obtain the EPP “AuthCode”. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
- Upon initial registration, we may place a “Registrar Lock” (“ClientTransferProhibited” status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account.
- You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf.
- OWNERSHIP OF INFORMATION AND DATA: Enom owns all database, compilation, collective and similar rights, title and interests worldwide in their domain name database, and all information and derivative works generated from the domain name database. They own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Enom does not have any ownership interest in your specific personal registration information outside of their rights in their domain name database.
- AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
- LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
- INDEMNITY: You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN’s operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
- REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
- DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System (“URS”), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN’s successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP and URS in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
- GOVERNING LAW AND JURISDICTION FOR DISPUTES:
- Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington.
- Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in King County, Washington, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person’s claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
- Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Bellevue, Washington.
- NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
- GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. You represent, warrant, and agree that upon entering into this Agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. The parties hereby incorporate the requirements of 41 CFR 60-1.4(a), 300.5(a) and 741.5, if applicable.
Last Updated December 1, 2017
We may use the information we collect from you when you register, make a purchase, sign up for our newsletter, respond to a survey or marketing communication, surf the website, or use certain other site features in the following ways:
Our website is scanned on a regular basis for security holes and known vulnerabilities in order to make your visit to our site as safe as possible.
- We only retain information for the length of time necessary for the purpose the data was collected.
- If you request for your data to be deleted we will retain only the necessary data for legal obligations. All other data will be deleted.
Do we use ‘cookies’?
We do not sell, trade, or otherwise transfer to outside parties your Personally Identifiable Information unless we provide users with advance notice. This does not include website hosting partners and other parties who assist us in operating our website, conducting our business, or serving our users, so long as those parties agree to keep this information confidential. We may also release information when it’s release is appropriate to comply with the law, enforce our site policies, or protect ours or others’ rights, property or safety.
However, non-personally identifiable visitor information may be provided to other parties for marketing, advertising, or other uses.
When it comes to the collection of personal information from children under the age of 13 years old, the Children’s Online Privacy Protection Act (COPPA) puts parents in control. The Federal Trade Commission, United States’ consumer protection agency, enforces the COPPA Rule, which spells out what operators of websites and online services must do to protect children’s privacy and safety online.
The Fair Information Practices Principles form the backbone of privacy law in the United States and the concepts they include have played a significant role in the development of data protection laws around the globe. Understanding the Fair Information Practice Principles and how they should be implemented is critical to comply with the various privacy laws that protect personal information.
Last Updated August 7, 2019
The Betty Lou, LLC (“Betty Lou Hosting” or “Company”) Affiliate Program is designed to help you generate income in exchange for referring new hosting clients to Betty Lou Hosting.
This agreement contains the terms and conditions for Betty Lou Hosting’s (“we”, “us”, and “our”) Affiliate Program. The terms and conditions described in this agreement govern the Affiliate’s (“you”, and “your”) participation in and use of the Affiliate Program. This Agreement is a legal contract between the Affiliate and Betty Lou Hosting. It is important that you read this Agreement carefully. If you do not agree with the terms and conditions, then you may not be an Affiliate. If there is anything that you do not understand in this Agreement, please contact us.
To become an Affiliate, complete and submit the registration form located on the Betty Lou Hosting website.
Age. By submitting the application, you agree you are eighteen (18) years of age or older as the program is solely intended for those eighteen years of age or older.
As a Betty Lou Hosting Affiliate, you may accrue a one-time referral fee for each successful purchase of a hosting account that you refer to Betty Lou Hosting. The account must meet the definition of a “Qualified Purchase”: a purchase of Betty Lou Hosting’s hosting services by a new and unique customer who: 1) clicks on an affiliate tracking link, 2) completely the purchase within ninety (90) days; and 3) maintains an active account with Betty Lou Hosting for at least ninety (90) days.
Affiliate accounts must be active at the time of the referral. Betty Lou Hosting will not backpay for referrals submitted before your participation in the Affiliate Program.
You must provide Betty Lou Hosting with all relevant tax and communication documentation. You are responsible for keeping all information up to date including email addresses, name, payment information, tax information and any other personal information that will impact the ability to issue valid payment. Each Affiliate is required to submit an accurate and up to date W-9 tax form. Your tax information is required to be on file for your referral fees to accrue and become payable.
Affiliate are solely responsible for ensuring that all payee information is accurate and up to date. Betty Lou Hosting is not responsible for any lost or stolen payment.
Missing or untracked referrals must be reported within 30 days of the account signup and will be credited to your account at our sole discretion.
Affiliate commission balance must reach $25 before the first payment can be made. You will have access to your Affiliate Portal within your cPanel account. Simply click on Affiliates in the top menu bar to view your unique referral link, statistics, commissions and to request a withdrawal.
Payments will process on the first (1st) and fifteenth (15th) of the month, unless these dates fall on a weekend, then the payments will process the following Monday. Payment will only be made after the ninety (90) day Qualified Purchase period. For example: you refer an account that was opened on January 1. The Qualified Purchase period ends on April 1, and your payment is sent during the month of April.
Payments are sent using PayPal. Betty Lou Hosting pays for the transaction fee associated with PayPal. You are required to supply a PayPal address to receive payments.
In the event that Betty Lou Hosting re-issues any payment, a $35 charge will apply and be deducted from the Affiliate’s earnings.
Affiliates are responsible for any and all fees, taxes, exchange rates, surcharges and other expenses incurred in order to receive their referral fee. Please check with PayPal to find out if any of these apply for your account.
Due to the high frequency of credit card fraud and cancellation rates, Betty Lou Hosting reserves the right to hold referral fees for up to two (2) additional months for verification. Betty Lou Hosting has the sole discretion to cancel referral fees in event that we are unable to collect funds, the order is fraudulent, the customer cancels within the fist ninety (90) days, or if we learn that the referral fee was earned improperly for any other reason.
Affiliates MAY NOT offer cash back, rewards or other incentives to drive traffic/sales via their unique affiliate tracking links.
Affiliates MAY NOT use traffic that is generated through pay to click, pay to read, banner exchanges, click exchanges, CPV advertising, pop-up/under, SPAM purchased traffic or similar methods.
Affiliates MAY NOT bid on or use Betty Lou Hosting’s logo, name or misspelled keywords for the purpose of PPC on Internet Search Engines (Google, Yahoo, Bing, etc.)
Affiliates are responsible for testing their tracking code and making sure that it is working before sending traffic to Betty Lou Hosting’s servers. Referral fees may not be paid for tracking errors caused by editing, masking, redirecting or tampering with affiliate links, as determined in Betty Lou Hosting’s sole discretion.
Affiliates MAY NOT copy Betty Lou Hosting’s website or any portions thereof and display them on their own site or subdomain or use them in any way without Betty Lou Hosting’s prior express written permission.
Affiliates MAY NOT engage in the advertisement of business-opportunity sites or use marketing practices that attract fraudulent or short-term customers (customers with low retention and renewal rates) which shall be determined at Betty Lou Hosting’s sole discretion.
FTC DISCLOSURE POLICY:
It is our intent to treat our customers fairly. Accordingly, we require all Betty Lou Hosting Affiliates to comply fully with all applicable laws, regulations and guidelines concerning advertising and marketing, including without limitation, the Federal Trade Commission (FTC) Endorsement Guides (See the FTC Endorsement Guide for more information.), which require that material connections between advertisers and endorsers be disclosed. This means that all affiliate websites (e.g. directories, review/rating sites, blogs and other websites) and any email or collateral that provide an endorsement or assessment of Betty Lou Hosting, must prominently disclose the fact that you may receive compensation for referring customers to Betty Lou Hosting.
At our sole discretion, we reserve the right to withhold referral fees and/or terminate the affiliate relationship for your failure to comply with Betty Lou Hosting’s FTC disclosure policy or with any other applicable regulations or guidelines, as determined by Betty Lou Hosting at our sole discretion.
Affiliate accounts may be deactivated at any time without warning or notice at Betty Lou Hosting’s sole discretion. Any affiliate who violates Betty Lou Hosting’s Terms of Service, including without limitation, these Affiliate Terms, or any applicable law is subject to having their affiliate account deactivated immediately, and any and all accrued, but not yet received, referral fees will be forfeited.
In Betty Lou Hosting’s sole discretion, any false or misleading advertising or suspected fraudulent activity associated with your affiliate account will result in immediate deactivation.
Affiliate accounts generating a large number of fraudulent accounts, as determined in Betty Lou Hosting’s sole discretion, will be deactivated.
Affiliates may not resell hosting. All referred customers must provide their own payment method and contact information to be a Qualified Purchase. If Betty Lou Hosting determines in its sole discretion that an Affiliate is reselling hosting, the affiliate account will be immediately deactivated.
If you would like to discontinue your participation in the Affiliate Program at any time, simply remove your affiliate links from your website and no longer promote them. For accounting purposes, our systems will retain your account and personal information.
We may modify any of the terms and conditions in this Agreement at any time at our sole discretion. In such event, you will be notified by email. Modifications may include, but are not limited to, changes in the payment procedures and Betty Lou Hosting’s Affiliate Program rules. If any modification is unacceptable to you, your only option is to deactivate your account. Your continued participation in Betty Lou Hosting’s Affiliate Program following the posting of the change notice or new Agreement on our site will indicate your agreement to the changes.
The headings and titles contained in this Agreement are included for convenience only, and shall not limit or otherwise affect the terms of this Agreement.
Last Updated December 4, 2017