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Version 2.0, October 12, 2010
This agreement (the “Agreement”) is between you (the “Registrant”) and the
Canadian Internet Registration Authority (“CIRA”).
In consideration of the registration by CIRA of the Domain Name applied for by
the Registrant in the name of the Registrant, and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, CIRA and the Registrant agree as follows:
Application. This Agreement between the Registrant and CIRA applies to all
Domain Names registered by CIRA for the Registrant.
Definitions. In this Agreement:
“Administrative Contact” means the person identified in the Registration Information as the Administrative Contact for the Registrant’s Domain Name Registration(s);
“Affiliate” means, with respect to either party, any entity that controls, is controlled by, or is under common control with, such party. For purposes of the foregoing, “control” means, with respect to: (a) a corporation, the ownership, directly or indirectly, of fifty percent (50%) or more of the voting power to elect directors thereof; and (b) any other entity, fifty percent (50%) or more ownership interest in said entity;
“Applicable Laws” means all international, federal, provincial and local laws and regulations and other laws of applicable governmental authorities;
“Domain Name” means a .ca domain name or sub-domain name;
“Domain Name Registration” means the registration by CIRA of a Domain Name in the Registry, in the name of the Registrant, pursuant to this Agreement;
“Fees” means the fees payable to CIRA in connection with this Agreement, including an application for a Domain Name and/or any renewal, transfer, and any other fees payable in connection with a Domain Name Registration;
“Member” or “Membership” has the meaning specified in CIRA’s
Amended and Restated By-Law No.1, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Other/bylaw1.pdf;
“Person” means a natural person, partnership, limited partnership, limited liability partnership, corporation, limited liability corporation, unlimited liability company, joint stock company, trust, unincorporated association, joint venture or other entity or governmental entity;
“Registrant” means a Person who is listed in the Registry as the registrant of a Domain Name;
“Registrar of Record” means the Registrar listed in the Registry as the Registrar of a specific Domain Name Registration, other than CIRA. In no event will CIRA be a Registrar of Record for purposes of the Registry PRP;
“Registrars” mean the persons from time to time certified by CIRA to offer Domain Name Registration services within the .ca Internet Domain Name system;
“Registration Date” means the date a Domain Name has been activated within the Registry;
“Registration Information” means all information which the Registry PRP require the Registrant to submit to CIRA or the Registrar of Record to obtain a Domain Name Registration, or to process any Transaction Request;
“Registry” means the .ca Internet Domain Name registry operated by CIRA;
“Registry PRP” means the CIRA policies, rules, and procedures relating to Registrants, Registrars, and Domain Name Registrations as may be amended or adopted by CIRA from time to time, which are located on CIRA’s website at: www.cira.ca/en/PRP.html; and
“Transaction Requests” means all requests or transactions with respect to a Domain Name Registration, including those to renew, transfer, modify, or delete a Domain Name Registration.
AGREEMENT, REGISTRY PRP, AND AMENDMENTS BY CIRA
Acceptance of Agreement and Registry PRP. This Agreement sets forth the
terms and conditions of the registration of Domain Names by the Registrant with CIRA. The Registrant acknowledges that it has read, understood, and agrees to be bound by all the terms and conditions of this Agreement, and the Registry PRP, which CIRA may
establish and amend from time to time. The Registry PRP are located on CIRA’s website at www.cira.ca/en/PRP.html. The acceptance of the Registrant Agreement and Registry PRP by the Registrant will apply to the current registration request as well as all other further registration requests which the Registrant may make thereafter with the same Registrar.
Amendment of Agreement by CIRA. CIRA shall have the right, at any time
and from time to time, to amend any or all of the terms and conditions of this Agreement. CIRA shall use commercially reasonable efforts to notify the Registrant of material amendments to this Agreement by email in accordance with Section 10.1. However, any amendment to this Agreement will be binding and effective upon 30 days after the posting of such amendment on CIRA’s website.
Amendment and/or Establishment of new Registry PRP by CIRA. CIRA
shall have the right, at any time and from time to time, to amend any or all of the Registry PRP and/or establish new Registry PRP. Any such amendment to the Registry PRP or new Registry PRP will be binding and effective upon the posting of such amendment or new Registry PRP on CIRA’s website.
Obligation to Review; Disagreement. The Registrant agrees to periodically
DOMAIN NAMES PROVISIONS
Registrations of Domain Names.
Applications. The Registrant acknowledges and agrees that applications for the registration of a Domain Name shall be made to CIRA only by the Registrar of Record, on behalf of the Registrant, in accordance with this Agreement and the Registry PRP.
Processing of Applications. CIRA shall process complete applications for the registration of a Domain Name. CIRA, in its sole discretion, shall have the right to approve or reject any application for the registration of a Domain Name and/or agree or refuse to register any Domain Name for any reason whatsoever with no liability of CIRA whatsoever to the Registrant, the Registrar of Record or any other person. CIRA will give notice to the Registrar of Record upon the approval or rejection of an application.
No Proprietary Right. The Registrant acknowledges and agrees that a Domain
Name is not property and that a Domain Name Registration does not create any proprietary right for the Registrant, the Registrar of Record or any other person in any name used as a domain name or in any Domain Name Registration. The entry of a domain name in the Registry and/or in the “WHOIS” database shall not be construed as evidence of ownership of any Domain Name Registration. The Registrant shall not in any way transfer or purport to transfer a proprietary right in any Domain Name Registration or grant or purport to grant as security or in any other manner encumber or purport to encumber any Domain Name Registration.
Renewals, Transfers, Modifications, Deletions and Other Transactions. The
Registrant acknowledges and agrees that a renewal, transfer, modification or deletion of, and any other request or transaction with respect to, a Domain Name Registration shall be made in accordance with this Agreement and the Registry PRP. CIRA will notify the Registrar of Record of any renewal, transfer, modification, deletion or other transaction regarding a Domain Name Registration.
Right of CIRA to Verify Information and Compliance. CIRA is entitled at any
time and from time to time during the Term (as defined in Section 7.1) to verify: (a) the truth, accuracy and completeness of any information provided by the Registrant to CIRA, whether directly, through any of the Registrars of Record or otherwise; and (b) the compliance by the Registrant with the provisions of the Agreement and the Registry PRP. The Registrant shall fully and promptly cooperate with CIRA in connection with such verification and shall give to CIRA, either directly or through the Registrar of Record such assistance, access to and copies of, such information and documents as CIRA may reasonably require to complete such verification. CIRA and the Registrant shall each be responsible for their own expenses incurred in connection with such verification.
Agent for the Registrant. The Registrant acknowledges and agrees that the Administrative Contact is hereby irrevocably authorized by the Registrant to: 1. act as the Registrant’s agent in connection with the Registrant’s Domain Name Registrations; 2. be CIRA’s contact for the Registrant and the Domain Name Registration(s); and 3. is recognized by CIRA and hereby irrevocably authorized by the Registrant to take any and all actions in connection with the Domain Name Registration(s) including, without limitation, renewing, transferring, modifying, or deleting it.
Notwithstanding the foregoing, in the event of any dispute between the Registrant and the Registrant’s Administrative Contact, the Registrant shall prevail.
Registrant and Administrative Contact Email Addresses. The Registrant acknowledges and agrees that CIRA notices to the Registrant will be sent by email only, as set forth in Section 10.1 (Notices). It is solely the responsibility of the Registrant to ensure that the email addresses of the Registrant and its Administrative Contact are at all times
functional and accurate and to make arrangements with its Administrative Contact to receive any notices that are sent by CIRA only to the Registrant’s Administrative Contact. If CIRA can show that a notice was sent to either the Registrant or the Registrant’s Administrative Contact email addresses, CIRA shall not be liable to the Registrant or any third party for damages arising from a failure to receive notice from CIRA.
Changes of Registrar.
Time Period. The Registrant may change the Registrar of Record with respect to a Domain Name Registration at any time once 60 days has elapsed from the date of registration of the Domain Name.
Replacement of Registrar. In the event that the Registrar of Record is no longer a Registrar for any reason, has had its certification as a Registrar suspended, revoked or terminated, and/or the Registrar Agreement between CIRA and the Registrar of Record is terminated or expires, the Registrant shall be responsible for changing such Registrar of Record to a new Registrar. Such change must occur within 30 days of notice being given to the Registrant, or such other period of time specified by CIRA.
Agreement and Registry PRP. Any change of the Registrar of Record must be done in accordance with this Agreement and the Registry PRP.
Registrar as Agent. The Registrant acknowledges and agrees that the Registrar of Record is hereby also irrevocably authorized to act as the Registrant’s agent in connection with Domain Name Registrations. Accordingly, any communication and/or instructions to or from the Registrar of Record will be taken as being to or from the Registrant. Without limiting the generality of the foregoing, the Registrant acknowledges and agrees that the Registrar of Record may cancel the Registrant’s Domain Name Registration within 5 days from the registration of the Domain Name at their discretion and without the Registrant’s consent.
Registrar Obligations. The Registrant acknowledges that the Registrar of Record has a number of obligations to CIRA, and should the Registrar fail to comply with such obligations, CIRA may require the Registrant to change such Registrar of Record to a new Registrar.
Membership. The Registrant acknowledges and agrees that if the Registrant
becomes a Member of CIRA, the Registrant agrees to abide by the terms of CIRA Membership, as set out in CIRA’s Amended and Restated By-law No.1, Policy on Membership and the Registry PRP, which are located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Other/bylaw1.pdf, www.cira.ca/assets/Documents/ Legal/Membership/membership.pdf, and www.cira.ca/en/PRP.html respectively.
CERTAIN REGISTRANT OBLIGATIONS
Certain Registrant Obligations. Throughout the Term of this Agreement, the
Registrant shall comply with and abide by all provisions of this Agreement and the Registry PRP. Furthermore, the Registrant shall, in accordance with this Agreement and the Registry PRP:
submit Registration Information to CIRA upon request, and ensure at all times that the Registration Information is true, complete and accurate;
promptly give notice to the Registrar of Record (for communication to CIRA), of any change to any Registration Information;
comply with and observe all Applicable Laws;
immediately give notice to CIRA of any pending or threatened claim, demand, action, cause of action, proceeding, lawsuit, investigation or application (collectively a “Claim”) in relation to any Domain Name Registration (or any judicial requests or orders to produce documents or information obtained from or supplied to the Registry) that became known to the Registrant;
not engage in any direct or indirect activity which, in CIRA’s reasonable opinion, is designed to bring, or may bring, the Registry into disrepute, is designed to interfere, or may interfere, with CIRA’s operations or is designed to expose, or may expose, CIRA to prosecution or to legal action by the Registrant or a third party;
act in good faith towards CIRA;
not allow any third party to use or operate any Domain Name Registration registered in the name of the Registrant and not register any Domain Name as agent for, or on behalf of, any third party in any manner whatsoever, including without limiting the generality of the foregoing, for the purposes of lending, leasing, licensing or otherwise granting rights in such Domain Name Registration to any third party for monetary or non-monetary consideration, unless such third party: (i) otherwise qualifies under the applicable Registry PRP including without limitation CIRA’s
Canadian Presence for Registrants which is located on CIRA’s website at www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf; or (ii) is an
Affiliate of the Registrant. For this purpose, “third party” means any Person other than CIRA and the Registrant.
be wholly responsible for the use and operation of any third, fourth, or further sub-level domain to any second level Domain Name Registration in the Registrant’s name and the Registrant shall ensure that the use and operation of any such sublevel domain is conducted in compliance with this Agreement and the Registry PRP;
not use any trade-mark, trade-name or symbol of CIRA or any trade-mark, trade-name or symbol likely to be confused therewith; and
be wholly responsible for taking, or ensuring that the Registrar of Record deletes a Domain Name Registration during the Auto-Renew Grace Period, as such term is defined in the General Registration Rules, if the Registrant does not wish that the Domain Name Registration be renewed.
No Conflict. The Registrant shall not enter into any agreement with any
Registrar or any other person that is inconsistent with, or in any way, modifies, affects, overrides, limits, contradicts or cancels the terms and conditions of this Agreement and/or the Registry PRP. To the extent that the provisions of any such agreement conflict or are inconsistent with the provisions of this Agreement and/or the Registry PRP, the Registrant hereby agrees that the provisions of this Agreement and Registry PRP shall prevail and be binding on the Registrant for the benefit of CIRA.
Consent to Use of Registration Information. The Registrant consents to the
Disclosure Procedure. For any Registration Information which is not made
available in the WHOIS database, the Registrant acknowledges and agrees that: (a) such information will be maintained in the CIRA Registry and may be used and disclosed by CIRA as permitted herein and/or in the Registry PRP; and (b) CIRA shall have no liability for any claim, damage, loss or expense arising as a result of the disclosure of Registrant Information as permitted herein and/or the Registry PRP.
Third Party Correspondence. The Registrant acknowledges and agrees that
CIRA may forward to the Registrant any correspondence from third parties and may exercise its discretion to refuse to forward such correspondence. The Registrant agrees that CIRA shall have no liability for any claim, damage, loss or expense arising as a result of CIRA reviewing, sending, delaying or failing to review or send any such correspondence to the Registrant. The Registrant further acknowledges and agrees that CIRA has no control over the content of information that may be sent to the Registrant
via CIRA and that CIRA shall have no liability for any claim, damage, loss or expense arising as a result of any such content.
WHOIS. The Registrant acknowledges and agrees that CIRA has no control over
how any person uses the information disclosed by CIRA through the WHOIS database, whether or not the information is subject to domestic or foreign privacy laws.
REGISTRANT REPRESENTATIONS AND WARRANTIES
Representations and Warranties. The Registrant covenants, represents and
warrants to CIRA as follows:
Authorization. The Registrant has the power, authority and capacity to enter into this Agreement and all other documents and instruments contemplated by this Agreement and to carry out its obligations under this Agreement and such other documents and instruments.
Registration Information. During the Term of this Agreement, all Registration Information is and at all times shall be true, complete and accurate and not misleading.
No Infringement. During the Term of this Agreement, neither the registration of any Domain Name nor the manner in which the Registrant intends to use or uses such Domain Name will directly or indirectly infringe or otherwise violate the copyright, trade-mark, patent or other intellectual property or other rights of any person or defame any person or unlawfully discriminate against any person or breach any Applicable Laws.
Qualification. During the Term of this Agreement, the Registrant meets and shall continue to meet all the requirements of this Agreement and the Registry PRP to: (a) be a Registrant, (b) apply for the registration of a Domain Name Registration, and (c) hold and maintain a Domain Name Registration, including without limitation CIRA’s Canadian Presence Requirements for Registrants, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/Registrants/CPR.pdf.
Survival. The Registrant acknowledges and agrees that the limitations on
warranties, conditions and liabilities, and the representations and warranties of the Registrant contained herein shall forever survive the expiry or termination of this Agreement or any suspension or deletion of any Domain Name Registration.
TERM; RIGHTS AND REMEDIES OF CIRA
Term. The term of this Agreement (the “Term”) shall commence effective upon
the date that the Registrant enters into this Agreement with CIRA and shall continue in force until terminated as set out herein.
Restrictions on Domain Name Registrations. CIRA may, in accordance with
this Agreement, the Registry PRP or, in its sole discretion and at its sole option, restrict the Registrant’s ability to renew, transfer, modify, or delete any or all of the Registrant’s Domain Name Registrations.
Suspension and/or Deletion of Domain Name Registrations. CIRA may, in its
sole discretion and at its sole option, upon notice to the Registrant suspend and/or delete a Domain Name Registration within 30 days of the registration of the Domain Name for any reason whatsoever. CIRA may also, in its sole discretion and at its sole option, upon notice to the Registrant suspend and/or delete a Domain Name Registration in the event that:
the Registration Information concerning such Domain Name Registration contains false, misleading, incomplete, and/or inaccurate information;
the Registrar of Record fails to pay to CIRA when due any Fees payable by the Registrar of Record to CIRA with respect to a Domain Name Registration for any reason whatsoever;
the Registrant breaches any term of this Agreement or any of the Registry PRP;
the Registrant at any time fails to meet all of the requirements of this Agreement and/or the Registry PRP to: (a) be a Registrant, (b) apply for the registration of a Domain Name Registration, and/or (c) hold and maintain a Domain Name Registration, including without limitation CIRA’s Canadian Presence Requirements for Registrants, which is located on CIRA’s website at: www.cira.ca/assets/Documents/Legal/ Registrants/CPR.pdf;
the Registrant engages in any direct or indirect activity which in CIRA’s reasonable opinion: (1) brings, or may bring, the Registry into disrepute;
(2) interferes, or may interfere, with the Registry and/or CIRA’s operations; and/or (3) exposes, or may expose, CIRA to prosecution or to legal action by the Registrant or a third party;
maintaining the Domain Name Registration would put CIRA in conflict with requirements of Applicable Laws, or any applicable federal, provincial or territorial human rights legislation or the Criminal Code
(Canada), or the terms of an order, ruling, decision or judgment of a court, tribunal, board, administrative body, commission or arbitrator;
the deletion, transfer or suspension of a Domain Name Registration is required by an order or decision under CIRA’s Domain Name Dispute Resolution Policy or an order, ruling, decision or judgment of a court, tribunal, board, administrative body, commission or arbitrator; or
the designation by the government of Canada of CIRA to manage, operate and control the Registry is terminated or CIRA is no longer recognized at the international level as having the exclusive authority to operate the Registry.
Suspension and/or Deletion by CIRA. In addition to CIRA’s other rights and
remedies herein, CIRA may at its sole discretion and at its sole option suspend and/or delete any Domain Name Registration that it deems necessary to (1) protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of CIRA, as well as its officers, directors, and employees; or (4) to correct mistakes made by CIRA or any Registrar in connection with a Domain Name Registration.
Suspension and Deletion for Failure to Confirm Registration Information.
Effect of Suspension. During any period in which a Domain Name Registration
has been suspended pursuant to the provisions of this Agreement or the Registry PRP:
the Domain Name Registration will not be included in the list of Domain Name Registrations transferred on a daily basis to the Registry’s primary domain name server and accordingly, an Internet user will not be able to send an email or access a web page which incorporates such Domain Name Registration;
no transactions or activities associated with the Domain Name Registration and/or information concerning the Domain Name Registration will be possible, including without limitation, renewals, transfers, deletions, modifications or other requests or transactions;
CIRA will continue to list such suspended Domain Name Registration in the WHOIS look up system of the Registry and the WHOIS look up
system will indicate that the Domain Name Registration has been suspended;
CIRA may reactivate the suspended Domain Name Registration at any time in its sole discretion; and
CIRA may extend the period of suspension at any time for such period as CIRA may determine in its sole discretion.
Effect of Deletion of a Domain Name Registration. Upon the deletion by CIRA
of a Domain Name Registration for any reason pursuant to this Agreement:
the Registrant will no longer be entitled to the use of such Domain Name Registration and accordingly, an Internet user will not be able to send an email or access a web page which incorporates such Domain Name Registration;
the Domain Name Registration will be deleted from the Registry and will be available for registration in the name of another person;
CIRA will list the deleted Domain Name Registration as available in its WHOIS look up system; and
if the Registrant is a Member, the Registrant will cease being a Member forthwith after deletion of the Domain Name Registration, unless the Registrant has at least one other Domain Name Registration.
Prohibition on New Registrations. CIRA, in its sole discretion, shall have the
7.9 Termination of Agreement by CIRA. CIRA may, in its sole discretion and at its sole option, terminate this Agreement by giving notice thereof to the Registrant (such termination to be effective on the date specified by CIRA in the notice) in the event that:
the Registrant breaches any term of this Agreement or any of the Registry PRP, other than as set forth in Sections 7.8(b) through (h), and fails to cure that breach within 10 days of receipt of notice from CIRA;
the Registrant disrupts or abuses CIRA’s registry services as determined by CIRA in its sole discretion, acting reasonably;
all of the Domain Name Registrations registered in the name of the Registrant have been deleted or have expired;
the designation by the government of Canada of CIRA to manage, operate and control the Registry is terminated or CIRA is no longer recognized at
the international level as having the exclusive authority to operate the Registry;
the Registrant files, or consents to the filing against it of, any petition for relief, reorganization or liquidation under any bankruptcy or insolvency law of any jurisdiction, or has any such petition filed against it that is not dismissed within 30 days thereafter;
the Registrant makes a general assignment for the benefit of its creditors, or consents to the appointment of a custodian, receiver, trustee or other officer with similar powers over a substantial portion of its assets, or has any proceeding seeking such an appointment filed against it;
an execution or any other process of any court shall become enforceable against the Registrant; and/or
the Registrant ceases to carry on business in the normal course, dissolves or is wound up, or ceases to exist as the Person listed in the Registry.
7.10 Termination by Registrant. The Registrant shall be entitled (either directly or through the Registrar of Record) to terminate this Agreement at any time by giving 30 days notice to CIRA. The Registrant understands and agrees that there shall be no refund of any Fees in such event.
7.11 Effect of Termination of Agreement. Upon termination of this Agreement for any reason: (a) all Domain Name Registrations in the name of the Registrant shall be immediately and automatically deleted and they shall be made available for any other person to register; (b) in the case of a Registrant who is a Member, the immediate and automatic termination of the Registrant’s Membership in CIRA; and (c) Sections 5.1, 6,
7.9, 8, 9 and 10 of this Agreement shall survive.
LIMITATIONS ON WARRANTIES, CONDITIONS, LIABILITY;
CONDITIONS. THE REGISTRANT EXPRESSLY UNDERSTANDS AND AGREES THAT:
ALL SERVICES PROVIDED BY CIRA, INCLUDING WITHOUT LIMITATION, THE PROVISION OF DOMAIN NAME REGISTRATIONS
(“SERVICES”), ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. CIRA MAKES NO REPRESENTATIONS, WARRANTIES OR CONDITIONS OF ANY KIND, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE REGARDING THE SERVICES, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF MERCHANTABLE QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT.
WITHOUT LIMITING THE FOREGOING, CIRA MAKES NO WARRANTY:
THAT THE REGISTRY WILL BE AVAILABLE AT ALL TIMES DURING
THAT THE SERVICES WILL BE TIMELY, SECURE OR ERROR FREE;
THAT THE SERVICES WILL BE FREE FROM BUGS OR VIRUSES;
WITH RESPECT TO THE ACCESSIBILITY, COMPATIBILITY OR
INTEROPERABILITY OF THE REGISTRY OR THE SYSTEMS ACCESSED BY THE REGISTRAR(S) OF RECORD AND/OR THE REGISTRANT; OR
WITH RESPECT TO THE SECURITY OF THE REGISTRY OR ANY
SYSTEMS ACCESSED BY THE REGISTRAR(S) OF RECORD AND/OR THE REGISTRANT.
LIMITATION OF LIABILITY. NOTWITHSTANDING ANY PROVISION
OF THIS AGREEMENT TO THE CONTRARY, REGARDLESS OF THE FORM OR CAUSE OF ACTION WHETHER IN CONTRACT OR TORT OR THE NUMBER OF CLAIMS, WHETHER OR NOT SUCH DAMAGES ARE FORESEEABLE OR CIRA HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND WHETHER IN RESPECT OF A BREACH OR DEFAULT IN THE NATURE OF A BREACH OF CONDITION OR FUNDAMENTAL TERM OR A FUNDAMENTAL BREACH:
CIRA AND ITS DIRECTORS, OFFICERS, EMPLOYEES, AGENTS OR REPRESENTATIVES SHALL NOT HAVE ANY LIABILITY TO THE REGISTRANT FOR ANY ECONOMIC, CONSEQUENTIAL, INDIRECT, INCIDENTAL OR SPECIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOST REVENUES OR PROFITS) ARISING OUT OF OR RELATED TO THIS AGREEMENT, AND
CIRA’S ENTIRE LIABILITY FOR ANY CLAIM ARISING OUT OF OR RELATED TO THIS AGREEMENT (OTHER THAN LIABILITY FOR DEATH OR PERSONAL INJURY CLAIMS) SHALL BE LIMITED TO ACTUAL, DIRECT, PROVABLE DAMAGES NOT TO EXCEED THE AMOUNT RECEIVED BY CIRA FROM THE REGISTRAR
REGISTRATION THAT IS THE SUBJECT OF SUCH CLAIM.
FOR GREATER CERTAINTY, AND WITHOUT LIMITING THE GENERALITY OF THE FOREGOING, THIS EXCLUSION OF LIABILITY SHALL APPLY TO ANY
COSTS, LOSSES OR DAMAGES OF ANY KIND WHATSOEVER ARISING FROM OR RELATED TO ACCESS DELAYS OR INTERRUPTIONS TO THE REGISTRY, CIRA’S WEBSITE, ANY PRODUCT, SERVICE OR OPERATION (INCLUDING BUT NOT LIMITED TO E-MAIL AND VOIP) RELYING ON THE PROPER FUNCTION OF THE .CA DOMAIN, THE REGISTRANT’S WEBSITE, OR THE DOMAIN NAME REGISTRATION SYSTEM; ISSUES WITH THE DNS (“DOMAIN NAME SYSTEM”); UNAUTHORIZED USE OR MISUSE OF THE REGISTRATION INFORMATION; OR CIRA’S FAILURE OR REFUSAL TO REGISTER, RENEW, TRANSFER, MAINTAIN, MODIFY OR DELETE A DOMAIN NAME REGISTRATION.
THE REGISTRANT ALSO AGREES TO BE BOUND BY THE LIMITATION OF LIABILITY CLAUSE IN THE CIRA DOMAIN NAME DISPUTE RESOLUTION POLICY.
The Registrant agrees to defend, indemnify and save CIRA and its contractors, agents, employees, officers, directors, Members, affiliates and assigns harmless from and against any and all damages, liabilities, obligations, losses, claims, demands, actions, causes of action, lawsuits, penalties, costs and expenses (including, without limitation, reasonable legal and other related costs) arising out of or in any way connected with the Registrant’s use of the Services, including without limitation the Registrant’s use of any Domain Name Registration, the Registrant’s violation of the Registrant Agreement or Registry PRP, or the Registrant’s violation of any rights of another person.
If a Claim is made, or CIRA believes a Claim is likely, CIRA may seek written assurances from the Registrant concerning their obligation to indemnify CIRA. The Registrant acknowledges and agrees that its failure to provide those assurances may be considered by CIRA to be a material breach of this Agreement.
CIRA shall have the right to participate in any defence by the Registrant of a third-party claim, with counsel of CIRA’s choice at CIRA’s own expense. CIRA shall reasonably cooperate in the defence at the Registrant’s request and expense. The Registrant must receive CIRA’s prior written consent regarding any related settlement of a Claim.
Independent Contractors. The legal relationship between CIRA and the
Registrant and CIRA and each Registrar of Record is that of independent contractors. Under no circumstances shall this Agreement be construed to create a partnership, agency
or joint venture between CIRA and the Registrant or CIRA and any Registrar(s) of Record.
No Agency. Neither party shall have any right, power or authority to act on behalf
of the other party and neither party shall create any express or implied obligations or financial commitments on behalf of the other party.
Registrant Bound as a Principal. The Registrant agrees that the Registrant is
bound as a principal by all of the terms and conditions of this Agreement, and the Registry PRP, notwithstanding that the Registrar of Record and/or an agent of the Registrant applied for the registration of the Registrant’s selected Domain Name(s) on behalf of the Registrant. The continued registration of the Registrant’s Domain Name Registrations shall ratify any unauthorized actions of the Registrar of Record and any such agent. In addition, the Registrant is responsible for any errors made by the Registrar of Record or any such agent.
10.1 Notices. Any notice or other communication provided hereunder shall be in writing. Notices from CIRA to the Registrant shall be sent only by email to the email addresses listed in the Registration Information for the Registrant and/or the Registrant’s Administrative Contact, and will be deemed to have been given and received on the date on which they are sent. Notices from the Registrant to CIRA shall be sent by: (a) personal delivery, (b) courier, or (c) confirmed facsimile transmission, addressed to: General Counsel, CIRA 350 Sparks Street, Suite 306, Ottawa, Ontario K1R 7S8 and shall be effective on the earlier of: (i) confirmation of receipt or (ii) three days after the date of posting or transmission.
10.2 Time of Essence. Time is of the essence in this Agreement.
10.3 Further Assurances. Each party will promptly do, execute, deliver or cause to be done, executed and delivered all further acts, documents and things in connection with this Agreement that the other party may reasonably require, for the purposes of giving effect to this Agreement.
10.4 Successors and Assigns. This Agreement will enure to the benefit of, and be binding on, the parties and their respective administrators, executors or other legal representatives, successors and permitted and qualified assigns. CIRA may assign or transfer all or any part of its rights and obligations under this Agreement to any person The Registrant shall not assign or transfer, whether absolutely, by way of security or otherwise, all or any part of its rights or obligations under this Agreement without the prior written consent of CIRA, which consent shall be in CIRA’s sole discretion. Any such purported assignment or transfer, or attempt to so assign and transfer without CIRA’s prior written consent, shall be of no force and effect.
10.5 Entire Agreement. This Agreement (including the Registry PRP which are incorporated by reference herein) constitutes the entire agreement between the parties
pertaining to the subject matter of this Agreement and supersedes all prior agreements, understandings, negotiations and discussions, whether oral or written. There are no conditions, warranties, representations or other agreements between the parties in connection with the subject matter of this Agreement (whether oral or written, express or implied, statutory or otherwise) except as specifically set out in this Agreement.
10.6 Waiver. A waiver of any default, breach or non-compliance under this Agreement is not effective unless in writing and signed by the party to be bound by the waiver. No waiver will be inferred from or implied by any failure to act or delay in acting by a party in respect of any default, breach or non-observance or by anything done or omitted to be done by the other party. The waiver by a party of any default, breach or non-compliance under this Agreement will not operate as a waiver of that party’s rights under this Agreement in respect of any continuing or subsequent default, breach or non-observance (whether of the same or any other nature).
10.7 Severability. Any provision of this Agreement which is prohibited or unenforceable in any jurisdiction will, as to that jurisdiction, be ineffective to the extent of such prohibition or unenforceability and will be severed from the balance of this Agreement, all without affecting the remaining provisions of this Agreement or affecting the validity or enforceability of such provision in any other jurisdiction.
10.8 Governing Law; Attornment. This Agreement will be governed by and construed in accordance with the laws of the Province of Ontario and the laws of Canada applicable in that Province and will be treated, in all respects, as an Ontario contract. The Registrant agrees to submit to the personal and exclusive jurisdiction of a court of competent jurisdiction in the City of Ottawa in the Province of Ontario.
10.9 Force Majeure. Neither party shall be deemed to be in default hereunder for any delay or failure to perform its obligations under this Agreement resulting from causes beyond its reasonable control. Each party will use its best efforts to anticipate such delays and failures, and to devise means to eliminate or minimize them.
10.10 Remedies Cumulative. The rights and remedies of CIRA under this Agreement are cumulative and no exercise or enforcement by CIRA of any right or remedy hereunder shall preclude the exercise or enforcement by CIRA of any other right or remedy hereunder or to which it is otherwise entitled by law to enforce.
10.11 Language. The parties to this Agreement have required that this Agreement and all deeds, documents and notices relating to this Agreement, be drawn up in the English language. Les parties aux présentes ont exigé que le présent contrat et tous autres contrats, documents ou avis afférents aux présentes soient rédigés en langue anglaise.
As used herein, “Aplus.net”, “Aplus”, “we”, “us”, “our” or “ours” refers to Deluxe Small Business Sales, Inc. and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.
We reserve the right to make changes to the Site, the Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by Aplus your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance Aplus’ Service offerings will be subject to this Agreement.
Aplus randomly monitors telephone calls, chat and forum postings in order to enhance the professionalism of our staff.
You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing Aplus’ products and Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.
Aplus assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Aplus also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials data text or images from the Site.
You agree to use this Site and our products and Services in a responsible manner that is in compliance with these TOU and your local laws and regulations, including export and import regulations. You agree that you will not use the Site or any of our products of Services to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable or in breach of this Agreement. We reserve the right to terminate Your Account and suspend service to you for violations of this section.
By accessing, using and placing orders on the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or Services.
You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Aplus will not be liable for any loss or damage arising from your failure to comply with this section.
We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to firstname.lastname@example.org or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, Aplus.net, 3680 Victoria Street North, Shoreview, MN 55126. Such notice shall be deemed effective when received by us.
The Site and/or the Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites ("Third Party Information"). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. Aplus is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.
You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or Services constitute intellectual property owned by Aplus or which Aplus has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.
Some of our products may contain and some of our Services may provide you with images, photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and "online" or electronic documentation (together called the "Digital Content"). You may use, modify and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with us or our licensors and you acknowledge that Digital Content may be used by other Aplus customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by us in your possession or control.
During the Term, you may incorporate Digital Content into your own original work and publish your work in a web site provided that the Digital Content is not able to be downloaded or saved by others.
You may not:
a. Use the Digital Content in web page design where the Digital Content is in a format designed or intended for storage or re-use by others;
b. Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
c. Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
d. Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
e. Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
f. Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
g. Use the Digital Content in a manner that violates this Agreement.
You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.
In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.
You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license (including moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites and Services.
Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.
You agree to back-up all of your User Content so that you can access and use it when needed. Aplus does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Aplus and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.
Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.
You agree to pay any and all fees and payments due for Services purchased at this Site at the time they are ordered. All fees and payments due are in U.S. dollars and are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
Unless otherwise stated, you may pay for Services by providing a valid credit card or ACH if available. You acknowledge and agree that it is your sole responsibility to modify and maintain Your Account settings, including but not limited to (i) setting your renewal options and (ii) ensuring that your credit card or ACH information is current and valid. Failure to do so may result in the interruption or loss of Services. Aplus will not be liable to you or any third party regarding these Services loss or interruptions. You must notify us of any billing problems or discrepancies within fifteen (15) days after they first appear on your credit card or bank account statement otherwise you waive any right to dispute any such discrepancy.
You acknowledge that Aplus may use the services of a third party to automatically update your credit card expiration date. These recurring billing or account updating programs “Billing Programs” are supported by your credit card provider (and are ultimately dependent on your bank’s participation). If you are enrolled in an automatic renewal option and we are unable to successfully charge your existing payment method, your credit card provider (or your bank) may notify us of updates to your credit card number and/or expiration date, or they may automatically charge your new credit card on our behalf without notification to us.
If we are unable to charge your credit card or bank account for the full amount owed for the Services provided or if we incur a chargeback for any fee we previously charged to your credit card, you acknowledge that Aplus may pursue all available lawful remedies in order to obtain payment including, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf.
Aplus reserves the right to charge you reasonable additional fees for, e.g. (i) service upgrades (one-time non-recurring charge) to be invoiced to you in the following billing cycle, (ii) tasks we may perform for your that are outside the normal scope of our Services, (iii) additional time and/or costs we may incur in providing our Services to you, and/or (iv) your noncompliance with this Agreement as determined by us in our sole discretion. These additional fees will be billed to the credit card or other payment method you have on file with us.
Some of Aplus’ Services offer an automatic renewal option that will automatically renew your service for a renewal period equal in time to the original service period. For example, if your original service period is for one year, your renewal period will be for one year. While the details of the automatic renewal option vary from Service to Service, the Services that offer an automatic renewal option treat it as the default setting. Therefore, unless you cancel prior to the automatic renewal, Aplus will automatically renew the applicable service when it comes up for renewal and will take payment from the payment method you have on file with us. Renewal fees will be charged at Aplus’ then-current rates.
Aplus expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online at this Site or otherwise communicated to you using the information on file with us, and effective immediately without further notice to you. If you have purchased products or Services for a fixed time period, changes or modifications in prices and fees will be effective when the product or service in question comes up for renewal. If you find any pricing change unacceptable, you may cancel your Service subscription(s) and terminate your Customer Account however Aplus will not be obligated to refund any remaining portion of your pre-paid fees.
If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.
Late Fees and Penalties
We reserve the right to charge late fees of, e.g. 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid. Customer will be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred by us in collecting such amounts.
Some of our Services are offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process of the applicable monthly subscription fee.
The Site and the products and Services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, Aplus and its and their subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.
Aplus and its affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. Aplus shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.
We will replace any Aplus-manufactured product found to contain printing errors caused by Aplus or to be defective in workmanship or materials. While Aplus takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. Please note that we do not proof orders created by you prior to processing and we cannot be responsible for spelling, punctuation, grammatical or design errors made by you, or for inferior quality of images uploaded by you. Therefore please preview your selections carefully and correct any mistakes prior to placing your order.
Aplus is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Content. Aplus and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by Aplus, even if advised of the possibility of such damages.
Aplus’ liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product Service which were non-performing.
For any product or Service we provide to you, the aggregate liability of Aplus and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the product or Service actually paid to Aplus. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Aplus’ aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.
Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or Services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
Deluxe Small Business Sales, Inc. makes no representations that Aplus products and services are appropriate for use in other locations outside of the United States. If you use Aplus products and services in or from locations outside the United States, you are responsible for compliance with all applicable laws and regulations. If you are located within the European Union or are using the personal data of European Union data subjects in conjunction with Aplus products and services, the model contract clauses located at https://www.aplus.net/european_commission will apply and are incorporated herein by reference.
Once you have submitted all User Content to us, provided you do not request additional changes, modifications, customized designs or similar non-standard work (“Custom Modifications”), we will furnish to you a website (“Created Website”).
Aplus will assign you an Internet Protocol (“IP”) address, which will remain under our control and ownership. You will have no right to use the IP address except as allowed by us, and we reserve in our sole discretion the right to change or remove any and all IP numbers and addresses.
You agree to deliver the User Content no later than five (5) days following the date you sign up for the Services (“Website Content Delivery Period”). In the event that the User Content has not been received following the expiry of the Website Content Delivery Period, the Created Website will be provided to you with generic website content that, in our reasonable opinion, is related to your industry.
For a period of 30 days following the date that the Created Website was delivered to you, you will be permitted to request three (3) minor revisions to the Created Website. If you request Custom Modifications, we will furnish to you the Created Website at a time designated by us.
You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified originally to us. You may create one duplicate of the Created Website for back-up purposes.
NOTWITHSTANDING ANYTHING IN THIS AGREEMENT, ALL WEBSITE CONTENT IS YOUR SOLE RESPONSIBILITY. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD HARMLESS APLUS ITS AFFILIATES FROM ANY AND ALL CLAIMS, INCLUDING WITHOUT LIMITATION, MISAPPROPRIATION OF ANY COPYRIGHT, PATENT, TRADEMARK, TRADE SECRET, DATA, MUSIC, IMAGE, OR OTHER PROPRIETARY OR PROPERTY RIGHT, FALSE ADVERTISING, UNFAIR COMPETITION, DEFAMATION, BUSINESS OR PERSONAL DISPUTE OR ARGUMENT, INVASION OF PRIVACY OR RIGHTS OF CELEBRITY, VIOLATION OF ANY ANTI-DISCRIMINATION LAW OR REGULATION, OR ANY OTHER RIGHT OF ANY PERSON OR ENTITY, OR ANY PERSONAL OR BUSINESS ARGUMENT OR DISPUTE LOSSES, DAMAGES, LIABILITIES, JUDGEMENTS, OR SETTLEMENTS, INCLUDING REASONABLE LEGAL FEES, COSTS, AND OTHER EXPENSES INCURRED BY US , RELATED TO OR IN CONNECTION WITH THIS AGREEMENT. THE TERMS OF THIS SECTION WILL SURVIVE ANY TERMINATION OF THIS AGREEMENT.
If you require help desk support from us, please contact us.
You acknowledge and agree that once the Service is terminated your website will be archived for 30 days. If the amounts due and payable hereunder are not paid by the end of the archive period, your website will be erased. Aplus will not be responsible for any errors, loss of information or any other mishap that may occur following the first non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting your website during the archive period will see an error or substitute message window until the amounts due and payable hereunder have been paid.
Understanding the Basics on Information Collection and Use.
WHY? The information you supply on this Website may be used by us to respond to your request for information and to communicate with you about our products, services and future promotions. We will not share, rent, or sell your information to third parties for them to market their products and services to you.
WHAT? We may request that you voluntarily supply personal information for purposes such as receiving correspondence, registering on a website, or participating in online surveys or market research. If you elect to participate, you may be asked to provide information, including your name, mailing address, phone number, or e-mail address. When you submit personal information via this Website, you understand and agree that we may access, store, and use your information.
HOW? Information you provide will be safeguarded according to industry-standard security and confidentiality because we recognize and appreciate the importance of responsible use of the information you choose to provide. We will take reasonable steps to ensure that third party service providers protect your information and keep it confidential.
Online Privacy and Security Information. We apply industry-standard security measures to protect against the loss, misuse, and alteration of information you provide on this Website.
Children Visiting our Website. This Website is directed at adults. We do not knowingly collect or use information from children. Should children access this Website, we are confident that parents will not deem any of the information provided as objectionable for viewing. If you are under 18, you may use this Website only with the involvement of a parent or guardian.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") sets forth the terms and conditions that govern disputes between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you using our Service.
Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/en/dndr/udrp/policy.htm and the selected administrative-dispute-resolution service provider's supplemental rules.
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
7.1 Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
7.2 Changing Registrars. ou may not transfer your domain name registration to another registrar during a pending administrative proceeding for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole and exclusive remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.
This Shared Hosting Agreement, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business or Aplus (“Deluxe”, “Aplus”, “Registration Service Provider”, “we”, “us”, “our” or “ours”) and the customer purchasing domain name registration services (“Services”), together with any company or other business entity you are representing, if any (“you”, “your” or “yours”).
Purpose, Acceptance of Terms
Bandwidth and Space Usage
Account sharing is only permitted when used in conjunction with our hosting plans. Aplus reserves the right to immediately terminate accounts, without compensation to you, that (either do or attempt to) share the web space with others or subdivide and resell the web space.
By accessing our Site and/or using the Service, you are agreeing to an on-line, paperless subscription for the Services. You acknowledge that all the information that you submit on-line is true and correct and will be maintained and updated by you as needed to keep the information current. Aplus will have no liability to you as a result of your failure to maintain current subscription information. You agree that the act of signing up for your Services online or clicking to agree is equivalent to your signature. Aplus will bill you for your Services, in accordance with the billing period.
Quality of Services
Although Aplus will make reasonable efforts to provide quality and uninterrupted services this is not guaranteed. We will not be responsible for any damages that a Service interruption may cause to you or to third parties. You are responsible for the usage of your account and any consequences of this usage. You are also responsible for providing routine electronic back-ups for all data stored on our systems to prevent loss or corruption which includes, but is not limited to, emails and website content.
Service and Fees and Additional Charges
You agree to pay for the Services and for additional fees that may be assessed for heavy traffic and excessive space fees. Aplus will notify you in the event these fees are incurred. You agree to pay by credit card or other such method as mutually agreed upon. You agree to provide updated credit card and account information online, as may be needed or requested, and in case your card is declined. You understand that non-payment will result in automatic hold on your account. During the hold period, your web site will not be accessible. The account will be reactivated after payment is received in full. Credit card accounts will be automatically renewed unless notified prior to expiration date of Service.
Domain Name Registration and Fees
Based on availability, Aplus will register the domain name(s) as submitted in the subscription/application form in accordance with our standard policies and business practices. The first year of domain registration fees for a domain(s) is set forth in the subscription plan. You agree to pay the registration fees for the domain(s) thereafter. You agree to pay the registration fees for the first year if you cancel the Service before the expiration of the first year.
Automatic account upgrade
Aplus may upgrade, with email notice to you, all shared hosting accounts, which do not comply with the restrictions of applicable terms and policies and excluded services stated in Section 4 above, to metered plans with traffic charges and/or web space charges.
Termination of Services
Lawful Use of Internet
Security and Integrity of Information
Although we implement the industry standard technology for information protection, there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. You agree to hold us harmless in cases of loss of information or loss of privacy.
Aplus can be contacted, as follows:
When you select the WHOIS Privacy Service option for a domain name registered through us the public (“WHOIS”) contact and ownership information for each domain, i.e. registrant, administrative, billing and technical contact fields, will be displayed as follows:
Registration Private; SyncSuite, LLC
110 East Broward Boulevard, Suite 1650
Fort Lauderdale, FL 33301
You will retain all ownership rights in your domain name, including the ability to sell, transfer or renew each domain and to manage your domain name servers.
You agree to maintain true, accurate and up-to-date contact information on your Registrar account. We will use this information to forward to you correspondence that we receive regarding your domain name. Email correspondence is automatically forwarded to the point of contact listed on your Registrar account. Postal mail will not be forwarded.
You may elect to use the WHOIS Privacy Service for domains you have registered with us and for domains you have transferred to us (once your domain registration is complete). For domains to be transferred to or from us, you must first disable the current WHOIS Privacy Service before initiating the transfer.
We will charge you the applicable Service fees according to our published fee schedule. Fees are non-refundable even if your WHOIS Privacy Service is terminated early. We may modify the pricing for the WHOIS Privacy Service at any time.
WHOIS Privacy service provider SyncSuite LLC reserves the right, in its sole discretion and without liability to you or any third party, to disable, suspend, or terminate your WHOIS Privacy Service and to reveal your identity in certain circumstances, including:
To report abuse of a domain name registration, or infringement of trademarks or other third-party rights, please contact email@example.com.
We hereby grant to you, during the term or your subscription, a non-transferable, non-exclusive, non-sub-licensable worldwide license and right to use the mobile web services and related materials solely in connection with the services as provided. You are solely responsible for the content you transmit and display via your application, except for any third-party advertising that may be specified in your service package. We reserve the right to change or modify the service at any time.
These license rights are subject to the following restrictions:
Links to third party providers are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We shall have no liability as a consequence of any third party transaction.
YOU ACKNOWLEDGE THAT APLUS DOES NOT CONTROL THE TRANSFER OF DATA OVER COMMUNICATIONS FACILITIES, INCLUDING THE INTERNET, AND THAT THE APLUS’ MOBILE WEB SERVICES MAY BE SUBJECT TO LIMITATIONS, DELAYS, AND OTHER PROBLEMS INHERENT IN THE USE OF SUCH COMMUNICATIONS FACILITIES. APLUS IS NOT RESPONSIBLE FOR ANY DELAYS, DELIVERY FAILURES, OR OTHER DAMAGE RESULTING FROM SUCH PROBLEMS.
The term of the Services set forth in the Service Package hereunder shall commence upon the effective date set forth in the Service Package and shall continue for the period of time set forth in such Service Package (the "Subscription Term"). Except as otherwise provided in a Service Package issued by us, the Services may be renewed under our then-current applicable policies and terms, subject to our acceptance and your payment of fees for such Services.
Termination for Default. In the event of your material breach of this Agreement, we reserve the right to terminate the applicable Service Package. We may immediately suspend your account, and access to or use of the Services during such cure period if (i) you fail to make payment due to us under the Agreement and do not cure such non-payment within ten (10) business days after we have provided you with notice of such failure, or (ii) you violate any provision of this User Agreement.
Any suspension by us of the Services under the preceding sentence shall not excuse you from your obligation to make payment under the Agreement. Upon any termination of the Service Package, your right to access and use the Services (including our Mobile Web Services Materials) shall terminate. If we terminate the Services due to your default, you must pay within thirty (30) days all amounts which have accrued prior to such termination, as well as all sums remaining unpaid for services received plus related taxes and expenses.
This Domain Name Service Agreement, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Aplus.net (“Aplus”, “Aplus.net”, “we”, “us”, “our”, “ours”) and the customer purchasing domain name registration services, together with any company or other business entity you are representing, if any.
Aplus will submit the domain name(s) selected by you to the Registry Operator, for recording into the Registry database for top level domains. You represent and warrant that the domain name registration and the use of your domain name registration will not, directly or indirectly, infringe upon the rights of any third parties.
You will be allowed to select the name servers to serve your domain name. Default name servers will be available for you if you do not have name servers available.
Aplus will collect, record and keep data about your identity and allow you to access and update your customer records. Aplus will generate, record and keep additional information pertaining to the domain registration such as activation date, transfers and modifications. Aplus will provide some or all of this data to the public as a public service at its sole discretion and as required by ICANN and applicable laws. You agree that the registration of your selected domain name is not guaranteed and that domains are offered on a first-come, first-served basis. The availability of any domain is subject to the results of queries to the databases of independent domain name registries. As such, Aplus cannot take responsibility for inaccuracies in search results.
You agree to pay the fees for the Service in accordance with Aplus published fee schedule. You agree to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration or renewal date and are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. Your domain name will be registered upon payment of the registration fee.
You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reversed payment. Aplus will decide, in its sole discretion, whether to hold the name in its own portfolio or to release it for use by others. Aplus will reinstate such names in its sole discretion and subject to reinstatement fee of $300, in addition to all other fees.
The effective start date of this Agreement commences once you complete the sign-up registration process for the Service. You may terminate the Service with advance notice in writing only to Aplus’ billing department by mail to our corporate address or by email to firstname.lastname@example.org. You understand that there will be no reimbursement and no pro rate if you decide to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Aplus reserves the right to suspend, cancel, transfer or modify your domain name in the following cases (a) you materially breach this Agreement and do not cure such breach within 30 days of notice by us, (b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement, (c) you use your domain name in violation of this Agreement or in connection with unlawful activity, at our discretion, or (d) you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet.
You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN agreement, policy, specification or procedure, by Aplus, other Registrar or Registry Operator agreements, policies, specifications or procedures approved by ICANN, or by any other TLD Registry Operator (a) to correct mistakes by Aplus, , other Registrar or the Registry Operator in administering the name or (b) for the resolution of disputes concerning the domain.
You also agree that Aplus shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration at any time, or at such time as Aplus receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
The renewal and redemption of the domain name provided to you as part of the Service is governed by our Domain Name Renewal and Redemption Policy. You agree that it is your sole responsibility to watch the expiration terms of your domain name and pay your renewal fees on time. Failure to pay the renewal fee will result in domain name suspension and eventual release of the domain name for use by others. Credit card accounts will be automatically renewed unless notified prior to expiration date of service. If a domain is not renewed prior to its expiration, a Renewal Grace Period of 30 days allows the Registrant to renew the domain at Aplus’ standard rate. For additional information, please refer to Aplus’Domain Name Renewal and Redemption Policy.
You understand that you will be prohibited from changing Registrars during the first 60 days of your domain name’s registration period and also during the first 60 days after a Registrar transfer of the domain name. You understand that enabling the “Domain Lock” option for a domain in your Domain Manager Application will apply the “Client Transfer Prohibited” status to that domain name, and that the domain cannot be transferred to another registrar while this status is in effect. This “Domain Lock” can also be removed via the Domain Manager Application.
You acknowledge that the ICANN Transfer Policy found at https://www.icann.org/resources/pages/registrars/transfers-en governs transfer of domains between registrars and between registrants, and updates to domain registrant (ownership) contact information including name, organization, email address, mailing address and phone number may be considered a transfer of ownership of the domain. You accept that in the event that the registrant (owner) of a domain is updated the domain ownership transfer will be approved by Aplus.net, or our designee, as Designated Agent, and once the ownership transfer is completed the domain will be locked for 60 days during which time it cannot be transferred to another Registrar.
You understand and agree that Aplus does not have control over other Registrars, the Registry or the Registry Operator. You agree and acknowledge that Aplus is not liable or responsible in any way for any errors, omissions or any other actions by other Registrars, the Registry or the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
You agree to provide to Aplus accurate and up-to-date data necessary to register and your domain and maintain your domain name registration, including but not limited to: the full name, postal address, e-mail address, telephone number and fax number (if available) of the Registered Name Holder; name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association or corporation; the full name, postal address, e-mail address, telephone number and fax number (if available) of the Administrative, Billing and Technical contacts for the domain WhoIs. Aplus determines the nature of such data in its sole discretion considering the rules and procedures set forth by ICANN, other Registrars, the Registry and the Registry Operator. You agree to update all such data within seven (7) days of any change through your Aplus Control Panel and to submit additional information, if needed. This can be done by following the support link at the top of the Aplus’ home page www.aplus.net or by contacting Aplus’ customer support at +1-855-791-8966.
You acknowledge that you may be asked to submit a third party's personal data. In such event you agree to secure the consent of such third party to have his/her (the third party's) personal data submitted and used, as allowed by this agreement. You acknowledge that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be a sufficient basis for cancellation of your domain name registration.
You acknowledge that if you intend to license the use of a domain name to a third party you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name accepts liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Aplus concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of your domain name registration.
Aplus will own all data collected during the registration process and reserves the right to use this data in its sole discretion in accordance with other Registrar, Registry, Registry Operator and ICANN requirements as well as applicable law. You are hereby advised that some or all of such data may be made available to the public. You agree and acknowledge that Aplus owns all database, compilation, collective and similar rights, title and interests worldwide in Aplus’ domain name database and all information and derivative works generated from its domain name database. Aplus will take reasonable precautions to protect your domain name registration data from loss, misuse or disclosure.
Aplus will contact you via the email address provided as the primary point of contact in the application form you used to sign up for the Service and which is contained in your control panel. You agree to monitor such contact email and to forward it to appropriate personnel and/or departments within your organization, as applicable. You agree to ensure that all contact information on file with us is kept current.
Aplus can be contacted at email@example.com for all Domain Services questions, and firstname.lastname@example.org for any Billing questions. We can also be reached by phone at +1-855-791-8966. In the event that you need to submit a complaint or concern, please contact us via the Billing or Domain Services email address above and your message will be escalated to the appropriate personnel.
You agree to be bound by Aplus and ICANN’s "Uniform Domain Name Dispute Resolution Policy". You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the applicable domain name registration is the subject of a dispute. You also agree that in the event of any such dispute, you will indemnify and hold Aplus, other Registrars, Registry and Registry Operator harmless pursuant to this Agreement and the terms and conditions contained in the dispute policy.
You agree to be bound by ICANN’s "Registrar Transfer Dispute Resolution Policy" (Dispute Policy), which is hereby incorporated into and made a part of this Agreement. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party. You also agree that, in the event that a domain name dispute arises with any third party, you will indemnify and hold Registrar, Registration Service Provider, Registry and Registry Operator harmless pursuant to the terms and conditions contained in the Dispute Policy.
In accordance with ICANN’s WhoIs Accuracy Program Specification (https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#whois-accuracy), Aplus verifies WhoIs information by sending an email to the Registrant (owner) contact listed on the WhoIs record when a new domains is registered; a domain is transferred in to Aplus; the Registrant information is updated; or we become aware of inaccurate WhoIs information. If the WhoIs verification is not completed within 15 days, the domain will be suspended and all related services will be interrupted until verification is complete. The expiry date of a suspended domain is not altered, and no refunds will be made for interruptions related to incomplete WhoIs verification. Previously verified contact information sets do not need to be re-verified. For more information visit http://verifymywhois.com or contact our Domain Services team at +1-855-791-8966 or email@example.com.
Neither Aplus nor its affiliates or agents will be liable for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the domain name registration Service, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties, even if Aplus has been advised of the possibility of such damages. The foregoing limitation of liability will apply whether any claims are based upon principles of contracts, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.
Aplus’ maximum aggregate liability shall not exceed the total amount paid by you for the Services for the previous six months from the incident giving rise to any such claim, or $500.00, whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Aplus’ liability will be limited to the fullest extent permitted by applicable law.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Aplus has with other Registrars, Registry, Registry Operator and/or ICANN. You will be notified of such modifications if they are material to this Agreement or the Service. Any new features or products that change, augment or enhance Aplus’ Service offerings will be subject to this Agreement. Your continued use of the Service will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Service and to have your domain name registration transferred to a different domain name Registrar.
This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Service shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
You agree to be bound by any registry (mTLD Top Level Domains Ltd. “dotMobi”) rules, policies, and agreements for .mobi domain registrations.
Notwithstanding anything contrary to this Agreement, mTLD Top Level Domain Ltd. ("dotmobi”) is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third-party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third-party beneficiary rights under this Agreement in agreeing to us being a Registrar for the .MOBI top level domain. Additionally, the third-party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.
As a .NAME Registered Name Holder, you certify, to the best of your knowledge, that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, Aplus and the .NAME Registry Operator, Global Name Registry (GNR) reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above, you agree to be bound by the provisions of ICANN’s Eligibility Requirements Dispute Resolution Policy (ERDRP), which is incorporated herein. Additionally, you agree to be bound by Verisign Inc.’s .NAME Acceptable Use Policy, which is hereby incorporated by reference. This policy prohibits you from using your .NAME Email to engage in certain activities including, but not limited to, spamming with a limit of 500 emails allowed to be sent from a single user at a time.
As a .US Registered Name Holder, you hereby certify and agree that you meet all of the .US Nexus Requirements, which provide that Registered Name Holder’s must be either (i) a natural person (a) who is a United States citizen, (b) who is a permanent resident of the United States or any of its possessions or territories, or (c) whose primary place of domicile is in the United States of America or any of its possessions; or (ii) an entity or organization that is (a) incorporated within one of the fifty United States, the district of Columbia, or any of the United States’ possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories; or (iii) a foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories.
You acknowledge and agree to be bound by the .us UDRP Nexus Dispute Policy. You acknowledge and agree that you have provided specific information regarding how you meet the Nexus Requirements and that you have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry. You further acknowledge and agree that if such information cannot be verified, or if you fail to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.
You acknowledge and agree that the name servers listed for your .US domain name(s) must be based within the United States of America or any of its possessions or territories. You acknowledge and agree that you are not permitted to purchase private or proxy .US registrations. You shall your personal information, which information you represent and warrant is current, accurate and complete register for any and all .US registrations.
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Belizenic and the Registry Operator (Afilias’) website, and which are incorporated herein.
The following rules must be followed when registering a .bz domain: (a) domain names may include only letters, numbers, or hyphen ("-"); (b) domain names cannot begin or end with a hyphen; (c) domain names cannot have more than 63 characters, not including extensions; (d) the minimum length of a second or third level domain name is three (3) characters, not including extensions; (e) domain names considered offensive may be declined by the Registry or Registry Operator; (f) domains must have at least two configured and working nameservers in order to be entered into the zone file.
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, CIRA, website, and which are hereby incorporated by reference.
You acknowledge and agree that registration of your selected domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA's Registrant Agreement.
You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the Registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry or in the WHOIS shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.
You acknowledge and agree that CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the Registrar or you for such further period of time as CIRA may determine, in its sole discretion.
CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the Registrar, and any or all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any such amendment will be binding and effective on the Registrar and you thirty (30) days after CIRA gives notice of such amendment by email to the Registrar.
You further acknowledge and agree that the Registrar may make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided you have granted your Registrar the authority to do so and have not revoked said authority. If you have two (2) or more Registrars, only one (1) of your Registrars may be granted said authority. You may at any time revoke said authority or provide said authority to another of your Registrars.
You acknowledge and agree that your Registrar may, in accordance with the applicable Registry PRP, cancel your Domain Name Registrations within seven (7) days of activation and cancel the renewal of your domain name registration provided that the renewal term has not yet commenced.
.CA ASCII and IDN domain variants are bundled and reserved for a single Registered Name Holder. Registered Name Holders are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single Registrar. Each variant registered will incur a registration fee. In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your WHOIS information must be identical. If variants are registered at other Registrars or if WHOIS information does not match, it may result in an "unavailable" search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.
You represent and warrant that you meet the eligibility requirements of these ccTLDs. You further agree to be bound by any registry rules, policies, and agreements for these ccTLDs. The registration guidelines for these ccTLDs are available through the Registry Operator (Verisign, Inc.) and are incorporated herein.
You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cointernet.co/politicas-procedimientos. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.
Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Deluxe Small Business Sales, Inc. d/b/a Aplus.net is an ICANN accredited Registrar for defined TLDs.
Data Escrow services are required by ICANN and ccTLD Registries. Registrar uses Iron Mountain for its WHOIS data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored.
DNS refers to the Internet domain-name system governed by ICANN.
ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a California non-profit, non-government organization under contract with the U.S. Department of Commerce to manage the security and stability of Internet, including the Domain Name System.
Registered Domain Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).
Registered Name Holder or Registrant means the holder of a Registered Domain Name. If an organization, association or corporation is listed in the Registrant section of the domain WhoIs data, that organization, association or corporation is considered to be the Registrant, with the individual person’s name listed being an authorized point of contact within that organization, association or corporation.
Registrar refers to an entity accredited by ICANN authorized to administer domain name services, including Deluxe Small Business Sales, Inc. d/b/a Aplus.net, Tucows Inc. and web.com. Tucows Inc. agreements are incorporated by reference into this agreement where applicable and can be found at http://opensrs.com/site/resources/agreements. Web.com agreements are incorporated by reference into this agreement where applicable and can be found at https://legal.web.com.
Registrar Services means services provided by Aplus, Tucows or web.com in connection with a TLD as to which they have an agreement with the TLD's or ccTLD’s Registry or Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database.
Registry means the electronic directory where all TLDs are held. The Registry administrator (RA) maintains the Registry.
Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by Aplus or Tucows in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.
Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the U.S. Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD or that country or providing Registry Services for a specific ccTLD.
Registry Services shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD or that Country or their Registry Operator for that ccTLD.
TLD is a Top-Level Domain of the Domain Name System. ccTLD is a country code Top-Level Domain owned by a specific country which may be administered by a third party Registry Operator. Aplus is an accredited Registrar for the following gTLDs and ccTLDs: .biz, .com, .info, .mobi,.net,.org,.bz, .cc, .tv, .us and .ws.
Aplus is an authorized Reseller to Tucows for the following TLDs: CA, CO, ADULT, BEST, BLACK, BLUE, BUZZ, CEO. CLUB, CRICKET, GLOBAL, GREEN, IRISH, JETZT, KIM, LTDA, MOE, NYC, ONL, POKER, PORN, SCIENCE, TRADE, UNO, VOTE, VOTO, WEBCAM, YOGA.
Aplus is an authorized Reseller to web.com for the following TLDs: ACADEMY, ACCOUNTANTS, ACTOR, AGENCY, AIRFORCE, APARTMENTS, ARCHI, ARMY, ASSOCIATES, ATTORNEY, AUCTION, AUDIO, BAND, BAR, BARGAINS, BAYERN, BEER, BERLIN, BID, BIKE, BINGO, BIO, BLACKFRIDAY, BOUTIQUE, BUILD, BUILDERS, BUSINESS, BZH, CAB, CAFE, CAMERA, CAMP, CAPITAL, CARDS, CARE, CAREERS, CASA, CASH, CASINO, CATERING, CENTER, CHAT, CHEAP, CHRISTMAS, CHURCH, CITY, CLAIMS, CLEANING, CLICK, CLINIC, CLOTHING, COACH, Codes, COFFEE, COLOGNE, COMMUNITY, COMPANY, COMPUTER, CONDOS, CONSTRUCTION, CONSULTING, CONTRACTORS, COOKING, COOL, COUNTRY, CREDIT, CREDITCARD, CRUISES, CYMRU, DANCE, DATING, DEALS, DEGREE, DELIVERY, DEMOCRAT, DENTAL, DENTIST, DESI, DESIGN, DIAMONDS, DIET, DIGITAL, DIRECT, DISCOUNT, DOMAINS, EDUCATION, EMAIL, ENERGY, ENGINEER, ENGINEERING, ENTERPRISES, EQUIPMENT, ESTATE, EUS , EVENTS, EXCHANGE, EXPERT, EXPOSED, EXPRESS, FAIL, Farm, FASHION, FINANCE, FINANCIAL, FISH, FISHING, FIT, FITNESS, FLIGHTS, FLORIST, FLOWERS, FOOTBALL, FORSALE, FOUNDATION, FUND, FURNITURE, FUTBOL, GAL , GALLERY, GARDEN, GIFT, GIFTS, GIVES , GLASS, GOLD, GOLF, GRATIS, GRIPE, GUIDE, GUITARS, GURU, HAMBURG, HAUS, HEALTHCARE, HELP, HIPHOP, HOLDINGS, HOLIDAY, HORSE, HOST, HOSTING, HOUSE, HOW, IMMO, IMMOBILIEN, INDUSTRIES, INK, INSTITUTE, INSURE, INTERNATIONAL, INVESTMENTS, JUEGOS, KAUFEN, KITCHEN, KIWI, KOELN, LAND, LAWYER, LEASE, LEGAL, LGBT, LIFE, LIGHTING, LIMITED, LIMO, LINK, LOANS, LONDON, LUXURY, MAISON, MANAGEMENT, MARKET, MARKETING, MARKETS, MEDIA, MELBOURNE, MEMORIAL, MENU, MODA, MONEY, MORTGAGE, NAGOYA, NAVY, NETWORK, NEWS, NINJA, OKINAWA, PARIS, PARTNERS, PARTS, PARTY, PHOTO, PHOTOGRAPHY, PHOTOS, PICS, PICTURES, PIZZA, PLACE, PLUMBING, PLUS, PRESS, PRODUCTIONS, PROPERTIES, PROPERTY, PUB, QUEBEC, RECIPES, REHAB , REISEN, RENTALS, REPAIR, REPORT, REPUBLICAN, REST, RESTAURANT, REVIEWS, RIP, ROCKS, RODEO, RUHR, RYUKYU, SALE, SARL, SCHOOL, SCHULE, SCOT, SERVICES, SEXY, SHOES, SINGLES, SOCIAL, SOFTWARE, SOLAR, SOLUTIONS, SOY, SPACE, STYLE, SUCKS, SUPPLIES, SUPPLY, SUPPORT, SURF, SURGERY, SYDNEY, SYSTEMS, TATTOO, TAX, TECHNOLOGY, TENNIS, TIENDA, TIPS, TIRES, TODAY, TOKYO, TOOLS, TOP, TOURS, TOWN, TOYS, TRAINING, UNIVERSITY, VACATIONS, VENTURES, VET, Viajes, VIDEO, VILLAS, VISION, VODKA, VOTING, VOYAGE, WALES, WANG, WATCH, WEBSITE, WEDDING, WORK, WORKS, WORLD, WTF, XYZ, YOKOHAMA, ZONE.
Registration Service Provider provides an auto-renewal option for each registered domain name. Each domain name owner can control the auto-renewal option for their domain(s) within the control panel. The auto-renewal service has two options:
Auto-Renew ON: The domain name(s) will be automatically renewed by the Registrar on the expiry date; the auto-renewal term is set to 1 year when enabled and can be viewed or changed in your Aplus.net Control Panel. Your domain(s) will be renewed using your current method of payment. Renewal payment is taken 30 days prior to the expiry of the domain, to ensure ample time for successful payment. You are responsible for ensuring that renewal fees are processed on time.
Auto-Renew OFF: The domain name(s) will not be automatically renewed. The domain name owner must explicitly request the renewal of his/her domain name(s) prior to the expiration date.
Please note that auto-renew must be turned on more than one day prior to the renewal date in order to take effect.
Registration Service Provider will send email notifications to you for expiring domains regardless of the auto-renewal option status:
Auto-Renew ON: A Reminder will be sent at 45, 30, and 5 days prior to your domain's expiration date and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the email address provided as the Registered Name Holder point of contact in your Registration Service Provider account, and will contain the domain name and expiration date.
Auto-Renew OFF: Renewal notices are sent 45, 30, 15, and 5 days prior to the domain's expiration date, and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the email address provided as the Registered Name Holder point of contact in your Aplus account, and will contain the domain name and expiration date, as well as renewal instructions.
For the first 30 days after your domain name’s expiration date the domain is considered to be in a “Renewal Grace Period” status. During this time the WHOIS information will be masked and will not display the original Registrant’s information unless the domain is renewed. During the Renewal Grace Period, the domain can only be renewed by the original owner. The cost for renewal during the Renewal Grace Period is the same as for a standard domain renewal. During the Renewal Grace Period the Registrar will change the nameservers to ns1.renewyourname.aplus.net and ns2.renewyourname.aplus.net to indicate that your domain name has expired with instructions for renewing your domain name. If your domain name is currently expired, you may log into your Aplus domain name control panel and renew your domain name or you may contact one of our Domain Services Representatives to assist you. Domain Services Representatives can be reached 24/7 at +1 (855) 791-8966.
If you do not renew your domain name during the Renewal Grace Period your domain name will be made available to other parties for purchase. During the Renewal Grace Period, Aplus may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction, or other page that may include promotions and advertisements for, and links to, any of Aplus’s Websites, Aplus or third-party Websites including Internet search engines. After the Renewal Grace Period ends, you may contact one of our Aplus Domain Services Representatives, 24/7 at +1 (855) 791-8966, to inquire about repurchasing the expired domain name.
If the domain status changes to redemption status, the original domain owner has the option to renew the domain for a redemption fee of $89 plus the cost of the domain renewal. The Registration Service Provider's price list can be found at www.aplus.net. If your domain name is currently in redemption status, we ask that you contact one of our Domain Services Representatives immediately at firstname.lastname@example.org to help you renew the domain. Domain Services can be reached from 9:00 am to 9:00 pm Eastern seven days a week at 855-791-8966, Option 4.
Following the Renewal Grace Period the Registry places the expired domain into “Pending Delete Status” for approximately five (5) days. During the Pending Delete Status your expired domain name cannot be retrieved by the Registration Service Provider and redeemed. Following the Pending Delete Status period, your expired domain is then released from the Registry and made available to the general public for registration.
For more information about Aplus’ domain name registration Service, please reference your Domain Name Service Agreement.
Reporting Copyright Infringement
It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information required to be contained in these notices and is consistent with the form suggested by the United States Digital Millennium Copyright Act (DMCA) 17 U.S.C Section 512(c)(3)(A).
If you believe your copyrighted work has been infringed by a website for which Aplus is providing the hosting services and your attempts to resolve the issue by contacting the website owner(s) directly were not successful, you may request that we take down and/or disable access to the infringing materials. To do so, please download, complete, print and sign the Notification of Claimed infringement form provided below and deliver it to Aplus’ Registered Agent.
Aplus will respond to notices of claimed infringement in accordance with the DMCA. Our response may include removing and/or disabling access to material claimed to be the subject of the infringing activity. If we remove or disable access in response to such a notice, we may notify the owner of the affected site so that he or she can make a counter-notification in accordance with DMCA.
We reserve the right to terminate account holders who violate this policy, either as a single incident or for repeat violations.
PLEASE NOTE: Misrepresentations made in your notice as to whether material or activity is infringing may expose you to liability for damages including costs and attorneys' fees. In some cases use may be protected by the fair use doctrine under U.S. Copyright Law. Therefore if you are unsure whether the material complained of is infringing, it is recommended that you first contact an attorney. You may locate information concerning DMCA and U.S. Copyright Law at the Library of Congress’ website www.copyright.gov.
What we require from you
Deluxe's Copyright Agent
Attn: Registered Agent Copyright Infringement
3680 Victoria Street North
Shoreview, MN 55126
Telephone: (651) 490-8496
Fax: (866) 731-8254
Download the Notification of Claimed Infringement Form
FOR DOMAIN NAME DISPUTES: If you have concerns or issues with any specific domain name registration, please do not contact our DMCA agent. Instead, refer to our Uniform Domain Name Dispute Policy.
This End User License Agreement, together with all other documents and policies referenced herein, is a legal agreement (“Agreement”) between Aplus.net d/b/a Aplus (“Aplus,” “we,” or “our”) and the customer purchasing Aplus's fax-to-email services (the “Services”), together with any company or other business entity you are representing, if any (“you” or “your”).
The Services are offered to you conditioned upon your acceptance without modification of this Agreement. Aplus may update or change, augment or enhance this Agreement or the Services without notice to you. By signing up for the Services and accepting this Agreement you agree to be bound by these modifications. If you do not agree to the changes your sole and exclusive remedy is to cancel your subscription to the Services.
The Fax-to-Email Services includes: (i) use of a toll-free telephone number that provides for the delivery of faxes to email in the volumes described below in our Fair Usage Policy; and (ii) outbound faxing from the online Fax Management Interface.
Toll-Free Services Usage
As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You will be charged a monthly usage fee based on the combined number of fax pages sent and received according to your subscribed plan. Our current usage fee is set forth on the website you used to select and purchase the Service. Additional pages both sent and received above your subscribed plan’s monthly allotment will be charged per page at the overage rate displayed on our website https://www.aplus.net. You will have the option to send faxes via the online fax management interface and to subscribe for additional services at https://www.aplus.net/ subject to the terms and conditions of this Agreement.
Storage of Faxes
While you receive Services, we will store fax messages sent and or received through your Fax-to-Email online interface for a period of 30 days, measured from the date of receipt of each fax. These faxes are accessible through the online Fax Management Interface. You acknowledge that we may change our practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on our servers on your behalf, at any time. You further agree that Aplus has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Services.
You are fully responsible for the contents of your transmissions through the Services. Aplus simply acts as a passive conduit for you to send and receive information of your own choosing. However, we reserve the right to take any action with respect to the Services that we deem necessary or appropriate in its sole discretion if we believe you or your information may create liability for Aplus, compromise or disrupt the Services for you or other customers, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
Your use of the Services is subject to all applicable local, state, or national United States laws and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination and false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, or Federal United States law or regulation, the applicable laws or regulations of any country, or international law. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another End-User's use and enjoyment of the Services or another entity's use and enjoyment of similar services.
You further agree not to use our services to store (1) any critical “protected health information” if you are a “covered entity” or a “business associate” of a “covered entity” (as such terms are defined in 45 CFR s. 160.103), or (2) any other type of information that imposes independent obligations upon Hostopia or any affiliated company or person.
You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence.
Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:
You hereby acknowledge and agree that Aplus, as owner of all Fax-to-Email Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to us. Because our Fax-to-Email Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible Services for all customers, you are not permitted to "opt in" to receive spam faxes on your Fax-to-Email Number.
Spam Drop-Box Policy. Aplus does not permit its End-Users to use their Fax-to-Email Number as a "drop box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following steps:
You may terminate the Services at any time, for any reason, provided that (i) you will not receive a refund for any Services paid in advance, and (ii) any such notice by you to Aplus must be in accordance with our verification procedures, as such procedures may be established and changed by us from time to time in our sole discretion, and which may include the requirement that you contact us by phone to confirm that any such notice was in fact sent by you. Aplus also reserves the right to terminate or suspend your Services without prior notice, provided that we will attempt to confirm such termination or suspension by subsequent notice.
You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.
Aplus may automatically amend this Agreement at any time by (a) posting a revised Fax-to-Email End-User Agreement on its Website, and/or (b) sending information regarding the amendment to the email address you provide to us.
YOU ARE RESPONSIBLE FOR REGULARLY REVIEWING OUR WEBSITE TO OBTAIN TIMELY NOTICE OF SUCH AMENDMENTS. YOU SHALL BE DEEMED TO HAVE ACCEPTED SUCH AMENDMENTS BY CONTINUING TO USE THE SERVICES AFTER SUCH AMENDMENTS HAVE BEEN POSTED OR INFORMATION REGARDING SUCH AMENDMENTS HAS BEEN SENT TO YOU.
This Agreement may not be amended by you except in writing signed by both Parties.
Aplus reserves the right to modify or discontinue any of the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.
As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your Fax-to-Email Number will be automatically sent to you by email and accessed through the Fax-to-Email administrative control panel. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.
APLUS DOES NOT WARRANT THAT THE SERVICES WILL BE FREE OF ERRORS, BE UNINTERRUPTED, OR WILL MEET YOUR REQUIREMENTS. THE SERVICES PROVIDED ARE ON AN AS-IS BASIS AND WE EXPRESSLY DISCLAIM ALL WARRANTIES, CONDITIONS, AND INDENMNITIES, EXPRESS, IMPLIED OR STATUTORY, INCLUDING, WITHOUT LIMITATION ANY WARRANTY OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT OR ANY OTHER WARRANTY ARISING FROM THE COURSE OF PERFORMANCE OR COURSE OF DEALING. YOU UNDERSTAND AND AGREE THAT WE WILL NOT BE LIABLE FOR ANY TEMPORARY DELAY, OUTAGE, OR INTERRUPTION OF THE SERVICES, AND YOU HAVE NOT ENTERED INTO THIS AGREEMENT IN RELIANCE UPON ANY WARRANTY OR REPRESENTATION EXCEPT THOSE SPECIFICALLY SET FORTH HEREIN. ALL SERVERICES PROVIDED UNDER THIS AGREEMENT WILL BE DEEMED ACCEPTED WHEN DELIVERED.
YOUR USE OF THE FAX-TO-EMAIL AND ALL OF OUR OTHER SOFTWARE AND SERVICES IS AT YOUR OWN RISK. YOU ASSUME FULL RESPONSIBILITY AND RISK OF LOSS RESULTING FROM YOUR DOWNLOADING AND/OR USE OF FILES OR OTHER MATERIAL (INCLUDING APLUS’S SOFTWARE) OBTAINED EITHER DIRECTLY OR INDIRECTLY FROM THE FAX-TO-EMAIL SERVICE. YOU AGREE THAT NEITHER APLUS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS WILL BE LIABLE TO YOU UNDER ANY CIRCUMSTANCES FOR ANY THIRD PARTY, SPCIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL, OR CONSEQUENTIAL DAMAGES (INCLUDING, BUT NOT LIMITED TO, ANY LOSS OF DATA, LOSS OF USE, OR INTERRUPTION OF BUSINESS) ARISING OUT OF, OR IN CONNECTION WITH, THIS AGREEMENT WHETHER BASED IN CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH OF ANY STATUTORY DUTY, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE ITS ESSENTIAL PURPOSE, STRICT LIABLILITY, OR ANY OTHER LEGAL OR EQUITABLE GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. OUR ENTIRE LIABILITY AND OUR LICENSORS AND SERVICE PROVIDERS AND YOUR EXCLUSIVE REMEDY WITH RESPECT TO THE USE OF THE FAX-TO-EMAIL SERVICES AND ANY OF OUR OTHER SERVICES AND SOFTWARE OR ANY BREACH OF THIS AGREEMENT ARE LIMITED TO THE LESSER OF: (I) THE AMOUNT ACTUALLY PAID BY YOU FOR ACCESS TO AND USE OF THE SOFTWARE OR SERVICES IN THE THREE (3) MONTHS PRECEDING THE DATE OF YOUR CLAIM OR (II) U.S. $100.00.
NEITHER APLUS NOR ANY OF ITS SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, DIRECTORS, OFFICERS, CONTRACTORS, EMPLOYEES, LICENSORS OR SERVICE PROVIDERS SHALL BE HELD RESPONSIBLE IN ANY WAY OR BY ANY MEANS, EITHER DIRECTLY OR INDIRECTLY, FOR ANY COMMUNICATIONS DIFFICULTIES OUTSIDE OF OUR OR ANY SUCH LICENSOR'S OR SERVICE PROVIDER'S CONTROL WHICH COULD LEAD TO THE INTERRUPTION OF DATA DELIVERY SERVICES TO THE CUSTOMER'S EMAIL ADDRESS, PAGER, TELEPHONE OR ANY OTHER RECEIVING DEVICES OR THIRD-PARTY DATA STORAGE AND/OR DELIVERY SERVICES.
NOTHING IN THIS AGREEMENT SHALL BE CONSTRUED AS CREATING A JOINT VENTURE, PARTNERSHIP, AGENCY, EMPLOYMENT, FRANCHISE, OR OTHER RELATIONSHIP BETWEEN YOU AND APLUS. ALSO, NEITHER PARTY TO THIS AGREEMENT SHALL HAVE THE RIGHT, POWER OR AUTHORITY TO CREATE ANY OBLIGATIONS OR DUTY, EXPRESS OR IMPLIED, ON BEHALF OF THE OTHER.
YOU ACKNOWLEDGE THAT THESE LIMITATIONS ARE AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND WITHOUT SUCH LIMITATIONS APLUS WOULD NOT ENTER INTO THIS AGREEMENT.
You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Aplus reserves the right to charge value-added, sales or other taxes on the Services as it deems appropriate and reserves the right to change prices or institute new charges for access to or use of the Fax-to-Email service. All changes will be posted at our Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of, or non-termination of the Services after changes are posted constitutes your acceptance of the prices as modified by the posted changes.
Payment of your Services balance is due monthly.
Charges are to be paid on a monthly basis in the currency in which you were charged or billed. If your payment method is credit card and payment is not received by us from the card issuer or its agents, you agree to pay all amounts due upon demand by us. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Aplus is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Fax-to-Email service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Aplus may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that we may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.
Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Aplus may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior written notice (in accordance with our verification procedures, as may be established by us from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before we reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Aplus's End-User Service Department at email@example.com within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by us in accordance with this Agreement.
You must promptly notify us in writing of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your Services. You must also promptly notify us if your card is canceled (e.g., for loss or theft).
Aplus reserves the right to suspend or terminate your Services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available.
All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Aplus and/or its licensors and service providers except where expressly stated otherwise.
YOU FURTHER UNDERSTAND AND AGREE THAT YOU ARE NOT THE OWNER OF ANY FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY APLUS. OWNERSHIP OF ANY SUCH FAX-TO-EMAIL NUMBER IS VESTED SOLELY IN APLUS (WHICH WILL ASSIGN SUCH NUMBER TO YOU FOR YOUR USE DURING THE TERM OF THIS AGREEMENT). YOU UNDERSTAND AND AGREE THAT FOLLOWING THE TERMINATION OF YOUR SERVICES FOR ANY REASON, SUCH FAX-TO-EMAIL NUMBER MAY BE RE-ASSIGNED IMMEDIATELY TO ANOTHER CUSTOMER, AND YOU AGREE THAT APLUS WILL NOT BE LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH REASSIGNMENT, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH RE-ASSIGNMENT, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU FURTHER UNDERSTAND AND AGREE THAT APLUS MAY FROM TIME TO TIME NEED TO CHANGE THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU (WHETHER DUE TO AN AREA CODE SPLIT OR ANY OTHER REASON WHETHER OUTSIDE OR WITHIN OUR CONTROL). YOU AGREE THAT WE WILL NOT BE LIABLE FOR DAMAGES (INCLUDING THIRD PARTY, SPECIAL, EXEMPLARY, PUNITIVE, INDIRECT, MULTIPLE, INCIDENTAL OR CONSEQUENTIAL DAMAGES) ARISING OUT OF ANY SUCH CHANGE IN THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU, AND YOU HEREBY WAIVE ANY CLAIMS WITH RESPECT TO ANY SUCH CHANGE, WHETHER BASED ON CONTRACT, WARRANTY, NEGLIGENCE, TORT OR OTHER GROUNDS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN PARTICULAR, YOU AGREE THAT YOU ARE NOT AUTHORIZED TO CHARGE SERVICES PROVIDED TO YOU OR AT YOUR REQUEST TO THE FAX-TO-EMAIL NUMBER ASSIGNED TO YOU BY US AND THAT YOU WILL NOT REQUEST OR OTHERWISE CAUSE ANY THIRD-PARTY SERVICES PROVIDER TO CHARGE ANY SUCH SERVICES TO SUCH NUMBER. ANY SUCH CHARGES WILL GIVE US THE RIGHT TO IMMEDIATELY TERMINATE YOUR SERVICES WITHOUT NOTICE.
You agree to indemnify, defend by counsel reasonably accepted by us, and protect and hold Aplus, its affiliates and agents harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, judgments, etc., directly or indirectly, arising out of or related to the Services and this Agreement, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.
Your right to use the Services is personal to you. You may be either an individual, a corporation, or business entity, but you agree not to resell the Services in anyway.
Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.
This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.
This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Registration Services Provider has with Registrar, ICANN and the Registry Operator. You will be notified of such modifications if they are material to this Agreement or the Service. Your continued use of the Services after such notification will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Services and to have your domain name registration transferred to a different domain name registrar.
This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Services shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
Aplus can be contacted, as follows:
Aplus provides you with the ability to establish online advertising campaigns for purposes of marketing your business website (“Your Site”) through various online methods including with major search engines (each a “Publisher”), pay for those campaigns, and access reports detailing the activity for those campaigns through using its proprietary software (“Platform”).
You are responsible for obtaining access to the Service which may involve paying third-party fees such as Publisher, Internet service provider and/or airtime charges. You must provide the equipment, i.e. hardware and software, necessary to access and use the Services.
You hereby acknowledge that Aplus may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services, which may include limitations on the time limit we retain Your Account data and Use Content, maximum limits on storage space or other such limits. You agree that Aplus has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.
Customer has the limited right to cancel its Service subscription at any time during an advertising campaign term, subject to the terms of this agreement, and provided that for all Services, customer commits to purchase on a nonrefundable basis a minimum of four (4) months of Service, the completion of customer's most recent pre-paid monthly Service fee shall not be refundable, and for any cancellation, customer must provide Aplus with at least thirty (30) days notice prior to the processing of the following month's payment.
Payments made with respect to Your Account creation and setup and ad purchases with Publishers (Search Engines) that are already scheduled and committed as of the date we receive notice of termination are nonrefundable.
In the event of suspension, expiration or termination, Your Account and your access and right to use the Service shall immediately cease and the license granted to you hereunder shall terminate. Termination of Your Account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside Your Account (or any part thereof), and (c) barring of further use of the Service. Aplus may destroy or otherwise dispose of any customer data or User Content in its possession.
Due to seasonality, duration of the contract, economic business conditions, consumer sentiment and other factors beyond our control, the results of your advertising campaigns may vary and, although Aplus cannot guarantee specific results, we proactively seek to provide high quality online marketing Services that maximize our customer’s return on advertising spending.
You acknowledge and agree that Aplus may collect and use non-personal information concerning the use, contents, performance or management of any advertising campaign conducted through Your Account. As part of providing the Services, Aplus may aggregate reports comprised of such data. By using our Services, you hereby grant to Aplus a worldwide, irrevocable, non-exclusive, transferable and sub-licensable, and royalty-free license to use, display, reproduce, distribute and analyze Your Account data within the Services for the purposes of providing and improving upon the features and functionality of the Services. This license does not grant Aplus the right to use personal or non-public data concerning Your Account for any other commercial purpose without your prior written consent.
Aplus does not warrant or make any representation regarding the use or the results of the use of the Services in terms of effectiveness, accuracy or reliability or that the Service will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner, that Service defects or errors will be corrected, or that the search ranking of your business via Your Account or a Publisher Account will change or improve in any way as a result of your Service subscriptions.
You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
Any material downloaded or otherwise obtained through the use of the Service is accessed at your own risk and discretion and Aplus is not responsible for any damage to your computer system or loss of data as a result from the use of any such material.
No advice or information, whether oral or written, provided by us directly to you or through the Service will create any warranty not expressly stated herein.
If your use of the Site to purchase a product or Service involves the development of a logo design or creation of a tagline, you acknowledge and agree that:
Aplus’ Email Services provide its business customers with the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.
2.1. You will not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to discover the source code, object code, or underlying structure, ideas, or algorithms of the Services or any software, documentation, or data related to the Services (collectively, the "Software"); modify, translate, or create derivative works based on the Services or any Software; or copy (except for archival purposes consistent with applicable law), distribute, pledge, assign, or otherwise transfer or encumber rights to the Services or any Software; use the Services or any Software for timesharing or service bureau purposes or otherwise for the benefit of a third party unless specifically authorized by Aplus; or remove any proprietary notices or labels.
2.3. You may not access or otherwise use third party mailing lists in connection with preparing or distributing unsolicited email to any third party. You may only use permission based lists. A permission based list is defined as a list in which each entity on the list is a person or organization that has explicitly granted their permission to receive emails, or other communications from you. You are solely responsible for ensuring that any email campaign sent using the Service does not generate a number of spam complaints in excess of industry norms. Aplus, in its sole discretion, shall determine whether the level of spam complaints is within industry norms, and its determination shall be final, binding and conclusive. Aplus may terminate your use of the Services if it determines that the level of spam complaints is higher than industry norms.
2.4. You agree that each email sent in connection with the Services shall contain the Aplus "unsubscribe" link that allows an email recipient to remove themselves from your mailing list. You are prohibited from mailing to any recipient who has clicked on the unsubscribe link. You shall process all unsubscribe requests within ten (10) days of request by an email recipient. Failure to comply with this requirement may result in a termination of Your Account and all payments previously paid to Aplus shall be forfeited at the time of termination.
2.6 Subject to Aplus’ applicable terms and conditions, you may upload applicable Content into your email. Content is only to be used in conjunction with the Services and you are expressly prohibited from using Content for any other purpose.
2.7. You are prohibited from using Content within an email to:
2.8. For every email message sent in connection with the Services, you acknowledge and agree that the Services shall automatically add an identifying footer stating "Powered by Aplus.net®" or a similar message, unless you have obtained specific authorization from Aplus to remove such identifying footer.
2.9. In using the varied features of the Services you may provide Aplus with information such as name, contact information, or other registration information relating to either you or your employer if applicable. Aplus may use this information and any technical information about your use of this web site to tailor its presentations to you, facilitate your movement through this web site, or communicate separately with you. If you accessed the Services through a partner of Aplus, all information obtained by such partner about you may be shared with Aplus. Aplus may also share any of your information with such partners. Aplus will not provide information to companies that you have not authorized, and Aplus will not permit the companies that get such information to sell and redistribute it without your prior consent.
You may terminate the Services at any time by sending an email message to firstname.lastname@example.org or by sending written notice to: Aplus.net, 3680 Victoria Street North, Shoreview, MN 55126, Attn: Billing. Aplus may terminate the Services at any time with or without cause, and with or without notice. Aplus shall have no liability to you or any third party because of such termination. Upon termination by either party, no payments from you held by Aplus shall be refunded at the time of termination and you shall have no recourse against Aplus in relation to non-refunded funds, unused email credits or unused responses remaining (or time left) related to email subscriptions.
3.1. Upon termination for any or no reason, Aplus may delete any of your archived data within 30 days after the date of termination. Additional fees may apply if you terminate your Services subscription pricing plan and subsequently choose to reactivate Your Account under a new subscription pricing plan.
3.2. At any time after the date of commencement of the Services, if you have not sent an email under a pay as you go pricing plan (“PAYG Plan”) for more than thirty (30) consecutive days, Your Account may become inactive. If you are on a subscription pricing plan, Your Account will be deemed to be inactive when the end of your subscription period has lapsed and no further payments are remitted to Aplus to continue the Services. When an account is classified (at Aplus' sole discretion) as inactive, Aplus will use reasonable efforts to notify you using the email listed Your Account. INACTIVE ACCOUNTS HAVE 30 DAYS TO BECOME ACTIVE OR THE ACCOUNT AND ITS ASSOCIATED DATA, INCLUDING SIGNUP CAMPAIGN RESULTS, MAY BE PERMANENTLY REMOVED FROM APLUS’ DATABASE.
3.3. If you are on a PAYG Plan you shall have twelve (12) months from the date of purchase of email credits in which to use all such email credits purchased. After twelve (12) months, all unused email credits will automatically expire, and you shall not be entitled to a refund of unused credits nor shall you have the right to an extension of time in order to use such unused credits.
4.1. After the trial period has expired for email credits, free trial customers may choose to purchase the Email Services on either a PAYG Plan or a subscription pricing plan (the “Email Subscription Plan”). The PAYG Plan enables customers to purchase a specified number of email credits to use in connection with the Email Services. The pricing for the PAYG Plan is described at the email price list posted on Aplus.net.
4.2. Aplus’ Email Subscription Plan offers customers the Email Services based on a flat monthly fee described in the email price list. The charges are based upon the number of unique subscribers contained in Your Account and the corresponding pricing tier into which such number falls. A unique email address stored by you shall be deemed to be one (1) unique subscriber. Aplus’ tier-based pricing allows for unlimited customer emails, provided that your total unique subscribers are below 40,000 subscribers. Customers with unique subscribers above 40,000 shall be subject to overage fees determined by Aplus if you send total emails in any one month that is greater than four (4) times the number of maximum allowed unique subscribers in your paid tier.
4.3. Email Services customers may elect to switch from their original chosen pricing plan (either the PAYG Plan or the Email Subscription Plan) to the other pricing plan at any time (e.g., if you start with the PAYG Plan, you may switch to the Email Subscription Plan and vice versa). However, additional fees will apply if you subsequently switch back to your original plan. If you have originally chosen the PAYG Plan, you must use all existing email credits prior to switching into the Email Subscription Plan or you may elect to forfeit those unused credits. The Email Services must be paid in advance prior to your usage of the Email Services.
4.4. The Services must be paid in advance prior to your usage of the Services. Access to the Services shall be enabled once you remit payment. Access to the Services shall be disabled if your subscription fee payments become delinquent. If you are on a monthly subscription plan, your credit card will be charged on the first day of each subsequent month following the initial month of subscription. If you are on a prepaid subscription plan, the plan will automatically renew under the same term as the previous plan and your credit card will be charged on the first day following the expiration of the previous plan. If Aplus modifies its Services pricing structure, it will use reasonable efforts to notify its customers prior to automatically renewing a prepaid plan.
4.5. The price list for the Services is posted on our Web site at www.Aplus.net. Prices may change at any time at Aplus' sole discretion. You are responsible for understanding what current prices are in effect at all times. Payment for Services shall be paid with any valid credit card that is accepted by Aplus. Checks will only be accepted for prepayments of Services upon approval by Aplus. All payments shall be made in U.S. dollars. You authorize Aplus to keep your credit card or bank account information on file and charge such credit card or debit such bank account for the continuing usage of existing Services or the future usage of the Services. Your Account will be disabled if Aplus is unable to charge your credit card for Services rendered or future Services purchased. Aplus will attempt to notify you of its intent to suspend access to the Services prior to such suspension taking effect.
Email Services customers must use the Services in accordance with applicable terms of services including Aplus’ Acceptable Use and Anti-Spam policies. Aplus prohibits customers purchasing its Email Services from sending email messages with content that is of the following nature:
You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including any related technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.
This Web site enables the ordering of a large suite of business services, including marketing intelligence and analytics, logo design, web design and hosting, email and search engine marketing and other services designed to help your business grow. The following statements will help you understand how we collect, use, and safeguard the information you provide through our Web sites. As used herein, "Aplus.net", "Aplus", "we", "us", "our" or "ours" refers to Deluxe Small Business Sales, Inc. and its affiliates.
We use the information collected about you to process orders and to provide a more personalized and value-added experience. We may also use your information to communicate with you about products, services, and future promotions. For the purposes of order verification and fraud prevention, we may exchange information about our customers internally within Deluxe Small Business Sales, Inc. and among our affiliates.
The type of information we collect, use, or share may depend on the product or service you have with us. At times, we may request that you voluntarily supply identifying information for purposes such as receiving correspondence, registering on this Web site, making purchases, or participating in online surveys, forums, blogs, chat sessions, market research or contests/sweepstakes. If you elect to participate, we may require you to provide business information, including your name, mailing address, phone number, financial institution information, credit card information, or e-mail address. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information. When you submit business information to us, you understand and agree that we may access, store, and use your information.
Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may send you strictly service-related announcements on rare occasions when it is necessary to do so. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. If you subscribe to DeluxeRev, your business information will be de-personalized and aggregated in order to provide subscribers with statistical information to help you make wise marketing decisions as you seek the optimal way to grow your business.
|Reasons we can share your information||Does Deluxe Share?||Can you limit this sharing?|
|For our every day business purposes - including billing, processing transactions, & fulfilling orders; customer & marketing support services||Yes||No|
|For our marketing purposes - to offer products and services to grow your business||Yes||Yes|
|For our affiliated companies to market to you||Yes||Yes|
|For third parties to market to you||Yes||Yes|
Deluxe may selectively share customer information, including names and mailing addresses, with reputable third parties and organizations whose products and services we think may interest you if the customer information is independently obtained by us (that is, if the information is received from sources other than your financial institution).
We do not share your email address with third parties for them to market their products or services directly to you. However, we may partner with selected companies to offer certain products or services we believe may be of interest to you on their behalf.
We provide you with the opportunity to opt out of receiving unsolicited marketing as a result of your transaction with us or authorizing us to share your personal information with third parties and other organizations for marketing purposes. If you no longer wish to receive special offers or promotional communications from Deluxe or any third parties, you may edit your Account Profile or follow the unsubscribe instructions included in each communication. You may also express your opt-out choices by contacting Deluxe For Business customer service (contact information below).
We reserve the right to disclose information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.
We are committed to protecting your business information. Security measures are in place on this Web site to protect against the loss, misuse, and alteration of the information under our control. We offer industry-standard security measures available through your Web browser. When you are on this Web site, the sensitive information you provide such as credit card and financial information is encrypted with secure socket layer (SSL) technology and scrambled en route and decoded once it reaches us. Please remember that e-mail, which is different from the encrypted sessions above, is not secure. Therefore, we ask that you do not send sensitive information such as credit card or account numbers to us via an unsecured e-mail message.
As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and/or site functionality.
This Web site is intended for use by adults. We do not knowingly collect or use information from children. Should children access this Web site, we are confident that parents will not judge any of the information provided as objectionable for viewing. If you are under 18, you may use this Web site only with the involvement and permission of a parent or guardian.
We are committed to offering the products and services you need to grow and manage your business. We offer services through relationships with third party providers; we may provide links to these third party sites to provide you with convenient access. Please review applicable terms, conditions and privacy policies displayed on the third party provider websites.
In most cases, links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of this Web site. We are not responsible for the content or information practices employed by other Web sites that are linked to or from this Web site.
We are committed to ensuring that the information we obtain and use about our customers is accurate. You can help us maintain accurate records by updating your Account Profile or by using one of the methods listed below. Our service representatives are trained to answer questions about and give you reasonable access to your personal information in our database.
P.O. Box 64046
St. Paul, MN 55164-0046
Deluxe Small Business Sales, Inc.
Attn: Privacy Program Office
3680 Victoria Street N.
Shoreview, MN 55126
Deluxe is a BBB accredited business and complies with BBBOnLine standards.
Click to verify our BBB accreditation and to see a current BBB report
If you are seeking the identity or account information of a Aplus customer in connection with a civil matter (or criminal matter if you are a member of the law enforcement community) you may fax, email, mail, or serve us with a valid subpoena to:
3680 Victoria Street North
Shoreview, MN 55126
Attn: Custodian of Records
Fax +1 (866) 731-8254
We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.
Response Time and Notification
Upon the receipt of a valid civil subpoena, we will promptly notify the customer whose information is sought via e-mail or U.S. mail. The customer will then have 10 business days to take further action. Unless circumstances dictate otherwise, we will not immediately produce the customer information sought by the subpoena.
Fees for Compliance
We reserve the right to charge an administration fee to the customer by charging the payment method the customer has on file with us prior to the production of the subpoenaed information. Alternatively, we may issue an invoice to you. If so, payment must be made within thirty days from the date of receipt of the invoice. Checks should be made payable to Aplus.net and mailed to:
3680 Victoria Street North
Shoreview, MN 55126
Attn: Custodian of Records
Aplus's subpoena compliance fees are as follows:
Production of Electronic Mail
Our email servers do not retain deleted or sent email, nor, in the ordinary course of business, do we retain any active account holder email that is not also accessible by the user. In other words, for active account holders, we have what the account holder has and nothing more. Interested parties are therefore encouraged to request the information they are seeking from our account holder directly.
In the event we are required to produce email records, we will not parse through the email account or run key word searches or date ranges against the contents of an email account. Therefore the entire email account will be produced.
This Acceptable Use Policy encourages the responsible use of Aplus’ services. The behaviors listed below are generally prohibited because they either pose an unacceptable risk to the stability, integrity, or quality of our services or are otherwise contrary to Aplus’ business practices and policies.
You are solely responsible for the content you furnish to us in connection with the services we provide to you. We may review, screen or monitor content you provide to us or that you otherwise use, provide or make available in connection with any services we provide to you.
Aplus reserves the right to notify law enforcement agencies if it becomes aware of any unlawful activity and not perform any services it deems to be in violation of this Acceptable Use Policy, its other corporate policies or any applicable laws. Aplus may take immediate action, including, but not limited to issuing warnings and suspending or terminating the services. In the event we take such action, we shall not be obligated to refund to you any fees paid in advance thereof.
Last updated May 2017
Spamming is defined as the sending of unsolicited commercial email, unsolicited bulk email or unsolicited facsimile transmissions. These are transmissions that are sent to recipients as, e.g. an advertisement, without first obtaining prior confirmed consent or “opt-in” to receive them from the sender. If you send unsolicited email to recipients who have not requested to receive it, your email transmission may be considered to be SPAM.
Aplus has a no-tolerance spam policy. We reserve the right to either redirect your homepage or implement technical mechanisms until corrective measures are taken or your account is cancelled.
Please report any suspected abuse to email@example.com or call us at 855-791-8966. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.
Although Aplus has no obligation to monitor your use of the Services or the content provided by you as part of your use of the Services, Aplus may do so and may block any email messages, remove any such content or prohibit any use of the Services that Aplus, in its sole discretion, believes may be (or is alleged to be) in violation of this Agreement.
Using Permission-Based Lists
A permission based list is a list of email addressees (persons or organizations) that have explicitly granted their permission to receive email communications from you. You agree to import, access or use only permission-based lists in connection with your use of the Services. You agree that you shall not utilize the Services to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses.
Email and facsimile transmissions sent using our Services must include the following:
If you engage in any of these activities your transmission may be considered to be Spam:
These Online Storage & Backup terms and conditions, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business or Aplus (“Deluxe” or “Aplus”) and you, the customer, purchasing Online Storage & Backup services (the “Services”), together with any company or other business entity you are representing, if any (“you”).
Aplus grants you a non-exclusive, non-transferable, non-assignable limited license to use and access the Services in your normal course of business. You may not publish, transmit, retransmit, disseminate, broadcast, circulate, sell, resell, loan, lease, distribute or transfer the Services or copies to third parties, nor reverse engineer, decompile, disassemble or otherwise attempt to discern the source code of the components of the Services.
You grant Aplus a worldwide right to use, host, store, service, reproduce, modify, communicate, and publish all content uploaded to the Services by you only as is necessary for Aplus to perform its duties under this Agreement (as defined below). Aplus agrees that all of your uploaded content and documents (“Content”) is provided to Aplus by you solely to enable Aplus to provide services, including accessing and viewing your Content as directed by you or your users in order to provide technical support to you and that Content will only be used for that purpose and will only be accessed by those Aplus employees and its affiliates who have a need to access your Content in order to provide the services. You shall retain all title and ownership of any intellectual property rights you hold in your Content. You are responsible for ensuring that you have all of the necessary rights in any Content and that the Content does not infringe on the rights of any copyright owners, violate any applicable laws or violate the terms of any license or agreement. Upon receipt of adequate notice under the Digital Millennium Copyright Act (17 U.S.C.A. § 512), Aplus reserves the right to delete or disable any Content alleged to infringe on the intellectual property rights of any third party.
Although we implement the industry standard technology for information protection, there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. You agree to hold us harmless in cases of loss of information or loss of privacy.
Attn: Online Storage & Backups
3680 Victoria Street North
Shoreview, MN 55126
Phone: +1 (855) 791-8966
Customer Service / Technical Support available 24/7
Fax: +1 (877) 532-0132
General: +1 (877) 532-0132
Directorate C: Fundamental rights and Union citizenship
Unit C.3: Data protection
Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)
Data transfer agreement
hereinafter “data exporter”
Deluxe Small Business Sales, Inc.
3680 Victoria St N
Shoreview, MN 55126
hereinafter “data importer”
each a “party”; together “the parties”.
For the purposes of the clauses:
The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.
The data exporter warrants and undertakes that:
The data importer warrants and undertakes that:
These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause II(h), which shall apply only if so selected by the data importer under that clause.
The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.
The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.
Dated: Date Customer evidences that they have read and understood the terms and use and policies located here: https://www.aplus.net/policy
FOR DATA IMPORTER
Deluxe Small Business Sales, Inc...............
FOR DATA EXPORTER
(To be completed by the parties)Data subjects
The personal data transferred concern the following categories of data subjects:
Customer and any data subjects Customer chooses to market to and communicate with through Aplus.net products and services.
The transfer is made for the following purposes:
Providing Aplus services to Customer including, but not limited to, to providing and servicing Customer’s use of website hosting, online store, web design, SSL certificates, virtual private servers, website security, domain registration, logo design, email services, fax to email services, business card design, email marketing, local listing, and online storage and backup.
The personal data transferred concern the following categories of data:
Business information, including your name, mailing address, phone number, financial institution information, credit card information, or e-mail address. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information.
Employees of Deluxe Small Business Sales, Inc. and any Deluxe Corporation entities with applicable intercompany data transfer agreements.Sensitive data (if appropriate)
The personal data transferred concern the following categories of sensitive data:
N/A.Additional useful information (storage limits and other relevant information)
This agreement governs the transfer of data subject’s personal data in procurement and use of Aplus.net products and services.Contact points for data protection enquiries
Deluxe Small Business Sales, Inc
3680 Victoria St N
Shoreview, MN 55126