Azprivatez LLC Terms and Services Agreement
This AZPrivateZ Domain Name Registration Agreement (the "Agreement") is between Azprivatez LLC, its successors and assigns ("AZPrivateZ") and You (the person or entity registering a domain or domains), your heirs, Agents, Assigns and Successors ("You") and is made effective on the day of it is accepted by AZPrivateZ at AZPrivateZ's primary place of business in Waltham, Massachusetts. This Agreement may be executed electronically. By submitting your domain name registration application(s) You agree that you have read and understand this Agreement and agree to be bound by its terms, as those terms presently exist and as those terms may be changed from time to time by AZPrivateZ. If you used an agent to register your domain name or obtain any services described herein, Your use of that domain name or services constitutes acceptance of this Agreement. The Parties to this Agreement are independent third parties and this Agreement does not constitute an agency agreement and AZPrivateZ is not your agent for any purposes and You are not AZPrivateZ's agent for any purposes.
1. Definitions:
ICANN - The Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN is a non-profit corporation that was formed to assume responsibility for the IP address space allocation, protocol parameter assignment, domain name system management, and root server system management functions.
TLD - Short for top level domain. Most simply, the right most value of a web accessible domain name such as .com, .net, .org, etc.
Registry Operator - The officially designated operator of a TLD that has direct authorization to update their TLDs records on the world's root servers.
Registrar - An ICANN accredited company that as proved capable of registering domain names reliably to the Internet public.
2. Services:
This Agreement is for the registration of a domain name or names and additional services as described herein, such services being provided once You have provided information required for registration and other services and paid for such services. AZPrivateZ will offer integrated domain registration, e-mail and web hosting services for its customers. These services include, but are not necessarily limited to domain registration and management services, web hosting services including website hosting, database and scripting support, SSL Certificates, and e-mail services.
3. Fees:
You agree to pay by credit card the price advertised on AZPrivateZ's web site for the services described in this Agreement. Except as provided elsewhere in this agreement, your payment is non-refundable. In the event of a charge back on the credit card that You pay with, You agree and understand that Your domain name may not be registered or AZPrivateZ may cancel your domain name registration. If Your domain name is registered, You agree and understand that in the event of a charge back or failure of your credit card company to make payment, AZPrivateZ may, at its sole discretion, retain possession of the domain name You registered as its owner, reserves the right to sell the domain name or use it for whatever purposes AZPrivateZ deems proper. AZPrivateZ, at its sole discretion, may allow you to re-instate Your domain name subject to receiving payment in full and subject to any re-instatement fees charged by AZPrivateZ. If you choose to cancel your service at any time You agree that You are not entitled to a refund and will not receive a refund.
4. Renewals:
You will have the option to select an auto-renewal of the registration of Your domain name during the registration process. If you choose this option, AZPrivateZ will charge the Credit Card number You provided in the registration process 30 day prior to the expiration of Your domain name registration the fees for the next year. You are responsible for keeping the Credit Card information current and valid in Your User Profile, Account Billing Option. AZPrivateZ will use the Credit Card information contained therein to charge your card. AZPrivateZ will contact you at the e-mail address given in Your User Profile if the Credit Card number AZPrivateZ has on file for you is invalid or not accepted. It is Your responsibility to keep a current e-mail address in Your User Profile.
AZPrivateZ reserves the right to change or modify its fees at any time for services provided pursuant to this Agreement.
5. Information:
In the process of registering Your domain name or names, it is necessary for AZPrivateZ to obtain certain information from you. You agree to provide such accurate, true and current information as required to register your domain name or names to AZPrivateZ in the application process and further agree to review this information at least yearly and update such information as it changes from time to time.
You hereby acknowledge AZPrivateZ is required to make the following Registered Name Holder Data available to the Registry Operator of the TLD in which your domain name is registered, and You agree to allow AZPrivateZ to provide said information:
* The name of the Registered Name being registered;
* The IP addresses of the primary name server and at least one secondary name server(s) for the Registered Name;
* The corresponding names of those name servers;
* The identity of the Registrar
* The expiration date of the registration.
Additionally, Registry Operators may require additional information be submitted to them. If this is the case, You grant AZPrivateZ permission to submit such information. AZPrivateZ is also required to make the following data available for the ICANN WHOIS directory service and submission of your domain name registration application constitutes consent to the making of said information available:
* The name of the Registered Name;
* The names of the primary name server and secondary name server(s);
* The identity of the Registrar;
* The original creation date of the registration;
* The expiration date of the registration;
* The name and postal address of the Registered Name Holder;
* The name, postal address, E-Mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
* The name, postal address, E-Mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
You agree to provide (and to review at least yearly or as needed) to AZPrivateZ accurate and reliable contact details and promptly correct and update such details during the term of this agreement, including the information described in this section of the Agreement and: full name, postal address, e-mail address, voice telephone number and fax number if available of the Registered Name Holder; name of an authorized person for contact purposes in the case that You are an organization, association, or corporation.
Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to AZPrivateZ, or Your failure to respond for over fifteen (15) calendar days to inquiries by AZPrivateZ concerning the accuracy of contact details associated with Your registrations shall constitute a material breach of this Agreement and shall be a basis of cancellation of Your domain name registration pursuant to the terms of this Agreement.
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 technical and administrative contact information adequate to facilitate the timely resolution of any problem that arise in connection with Your registered name. If You are licensing the use of the name your register pursuant to this provision You hereby agree and accept liability for harm caused by wrongful use of the registered name, unless You promptly disclose the identity of the licensee to a party providing You reasonable evidence of actionable harm.
AZPrivateZ agrees that it will take reasonable precautions to protect any personal data provided by You from loss, misuse, unauthorized access or disclosure, alteration, or destruction. You may find AZPrivateZ's Privacy Policy here.
You agree and acknowledge that such information is necessary for AZPrivateZ to contact you regarding AZPrivateZ's services and certain information is required by ICANN to register your domain name. ICANN may, from time to time, publish information provided by you to AZPrivateZ and You agree to allow ICANN to publish certain information provided by You to AZPrivateZ. AZPrivateZ is not liable to you in any way for the information it provides to ICANN pursuant to ICANN policy.
If You are transferring a domain name to AZPrivateZ, You agree to be bound by AZPrivateZ's Domain Name Transfer Policy, which can be found here and is incorporated herein by reference.
6. Right to refuse:
AZPrivateZ retains the right to refuse to register a domain name or multipledomain names at any time and at AZPrivateZ's sole discretion and with no liability to You. AZPrivateZ may also delete the registration of a domain name during the first 30 days of the domain name's registration. If AZPrivateZ cancels your domain name within the first 30 days You will receive a full refund. If AZPrivateZ cancels your policy pursuant to this section after the first 30 days of registration You agree that You will not be entitled to a refund and You will not receive a refund.
7. Term:
This Agreement as currently exists or as may be modified from time to time shall remain in full force and effect for as long as Your domain name is registered through AZPrivateZ. You further agree not to transfer your domain name registration within the first 60 days of registration.
8. Modification:
You agree that AZPrivateZ may modify this Agreement from time to time or in order to comply with changes in ICANN's policies and you further agree to be bound by such modified Agreement. You agree that notice of any modification of this Agreement will become effective and binding on the parties pursuant to the notice procedures contained in section 17 of this Agreement. AZPrivateZ also retains the right to discontinue any or all services governed by this agreement at anytime. You agree that if You decline to be bound by the modified Agreement or if AZPrivateZ discontinues any services, Your sole remedy will be to cancel or transfer your domain name registration with no refund.
9. Termination, Cancellation, Transfer or Suspension:
AZPrivateZ reserves the right to terminate this agreement if You violate the terms of this agreement or use your domain name in violation of applicable laws. AZPrivateZ, at its sole discretion, may give you 5 days notice to cure material breach of this agreement prior to terminating your domain registration.
Cancellation, Transfer or Suspension (collectively, "Cancellation"). AZPrivateZ may Cancel Your domain registration to correct any mistakes made by AZPrivateZ, another registrar or registry administrator in the administration of your domain name or in order to comply with any ICANN policy or procedure. You also agree that your account is subject to cancellation by AZPrivateZ if AZPrivateZ receives a court order or arbitration award requiring Cancellation of your registration. You agree that AZPrivateZ may take such other action as directed by a court order or arbitration award regarding your registration.
10. Limitation of Liability:
You agree that AZPrivateZ's liability arising out of or relating to this Agreement or the services provided pursuant to this Agreement, AZPrivateZ'S SOLE AND ONLY LIABILITY TO YOU WILL BE LIMITED TO THE AMOUNT OF FEES YOU PAID TO AZPRIVATEZ.
AZPRIVATEZ, ITS VENDORS AND CONTRACTORS DISCLAIM LIABILITY FOR AND SHALL NOT BE LIABLE TO YOU FOR THE FOLLOWING:
LOSS OF DATA, DATA MIS-DELIVERIES, DATA NON-DELIVERY, DATA CORRUPTION AND MODIFICATION, FAILURE OF THE DOMAIN NAME SYSTEM (DNS FAILURE), DELAYS, SERVICE INTERRUPTIONS NO MATTER WHAT THE CAUSE, LOSSES OR DAMAGES CAUSE BY HACKING, VIRUSES, INTERNET WORMS, MALICIOUS ACTS OF THIRD PARTIES, DELAYS IN ACCESS OR INACCESSIBILITY OF OUR WEB SITE AND DOMAIN NAME REGISTRATION SYSTEM, ERRORS AND ACTS OR OMISSIONS WHETHER CAUSE BY YOU OR AZPRIVATEZ, EVENTS DESCRIBED IN SECTION OF THIS AGREEMENT AND OTHER EVENTS BEYOND AZPRIVATEZ'S CONTROL, AUTHORIZED OR UNAUTHORIZED USE OF YOUR ACCESS OR DOMAIN NAME REGISTERED BY THIRD PARTIES, THE PROCESSING OF YOUR APPLICATION, ICANN CHANGES IN POLICY, THE APPLICATION OF THE DISPUTE RESOLUTION POLICY, PROCESSING OF INFORMATION TO YOUR REGISTRATION RECORD, LOSS OF REGISTRATION OR PROCESSING OF REGISTRATION FOR A DOMAIN NAME, FAILURE TO REGISTER A DOMAIN NAME, DATA ON ITS E-MAIL SERVERS THAT IS UNAVALABLE, LOST OR CORRUPTED FOR ANY REASON, WEB HOSTING SERVICES AND THE DEVELOPMENT AND USE AND SUITABILITY OF ANY WEB SITE ASSOCIATED WITH YOUR DOMAIN NAME, AND WEB HOSTING SERVICES OR ANY OTHER SERVICES PROVIDED BY AZPRIVATEZ OR ITS VENDORS AND CONTRACTORS.
11. Indemnity:
You agree to indemnify, release, defend and hold harmless AZPrivateZ, other domain Registry Operators and ICANN, their respective employees, agents, officers, directors, affiliates, shareholders, vendors, contractors and subcontractors from and against any and all claims, damages, liabilities, losses, damages and costs and expenses, including reasonable attorney's fees and legal expenses resulting from any claim relating to or arising out of Your use of services governed by this agreement. In the event that AZPrivateZ becomes aware of a claim against it You agree to respond to AZPrivateZ's reasonable request that you confirm your obligation to indemnify AZPrivateZ and failure to confirm your obligation will be considered a breach of this agreement.
12. Representations and Warranties:
By submitting your application for the registration of a domain name or names, you represent and warrant to AZPrivateZ that all of the information submitted with your application is correct and current. You further represent and warrant than each domain name registration made by You is being made in good faith and does not directly or indirectly infringe on the legal rights of third parties. You warrant that, if your are registering a domain name on behalf of a third party, You have obtained the consent of that third party to disclose the information required pursuant to this Agreement. Finally, You warrant that the domain name you register will not be used in connection with illegal activities.
13. Disclaimer of Warranties:
AZPRIVATEZ MAKES NO WARRANTIES OF ANY KIND AND EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, INCLUDING AND NOT LIMITED TO EXPRESS OR IMPLIED WARRANTIES, WARRANTIES OF FITNESS FOR A PARTICULAR PURPOSE, MERCHANTABILITY, WORKMANSHIP, NON-NEGLIGENCE AND NON-INFIRNGEMENT. AZPRIVATEZ DOES NOT WARRANT THAT REGISTRATION OF YOUR DOMAIN NAME THROUGH AZPRIVATEZ PURSUANT TO THIS AGREEMENT WILL PREVENT OR AVOID CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN NAME THAT YOU REGISTER. AZPRIVATEZ FURTHER MAKES NO WARRANTIES THAT THE SERVICES PROVIDED BY AZPRIVATEZ TO YOU WILL MEET YOUR SPECIFIC NEEDS, WILL BE FREE OF INTERRUPTIONS, ERROR FREE, SECURE, OR THAT PROBLEMS OR DEFECTS WILL BE CORRECTED. AZPRIVATEZ DOES NOT MAKE ANY WARRANTIES OR REPRESENTATIONS PERTAINING TO THE CORRECTNESS, ACCURACY OR RELIABILITY OF THE SERVICES IT IS PROVIDING PURSUANT TO THIS AGREEMENT.
14. Dispute Resolution Policy:
You and AZPrivateZ agree to be bound by the Uniform Domain Name Dispute Resolution Policy approved by ICANN, which can be found here and is incorporated into this Agreement by reference. This dispute resolution policy has been developed and approved by ICANN and may be changed by ICANN from time to time. You agree that AZPrivateZ may, from time to time, make changes to this dispute resolution policy and You agree to be bound by the dispute resolution policy in its current form and to any subsequent changes that may be made to it. AZPrivateZ will provide at least 30 days notice pursuant to the notice requirements of section 17 of this Agreement of any changes made to the Dispute Resolution Policy. By maintaining Your registration with AZPrivateZ after an updated Dispute Resolution Policy becomes effective, You agree to be bound by the updated Dispute Resolution Policy. YOU AGREE TO INDEMNIFY, DEFEND AND HOLD AZPRIVATEZ HARMLESS IN THE EVENT THAT A DISPUTE ARISES BETWEEN YOU AND A THIRD PARTY REGARDING YOUR DOMAIN NAME REGISTRATION AS REQUIRED BY THE DISPUTE RESOLUTION POLICY. In the event that AZPrivateZ receives notice that a complaint has been filed against you in a court, administrative agency, or other judicial forum AZPrivateZ may at its sole discretion take such action as it deems necessary to comply with the notice, actions or requirements of the court, governmental agency, administrative or judicial organization providing such notice until the dispute governed therein is settled. You agree to hold AZPrivateZ harmless for any actions taken pursuant to the preceding sentence.
15. Proper Use Policy:
You agree that You, and not AZPrivateZ, are responsible for the content and use associated with Your registered domain name. AZPrivateZ is not responsible or liable for any content made available or transmitted by you. AZPrivateZ may, at its sole discretion, remove, move or deny any content made available by you through AZPrivateZ's services and, additionally, AZPrivateZ may at its sole discretion remove, preserve, or disclose content made available by you as is necessary to comply with any legal process; respond to third party complaints; protect the legal rights of third parties; protect AZPrivateZ's legal rights and to protect the public in general.
YOU SPECIFICALLY AGREE NOT TO:
MAKE AVAILABLE UNLAWFUL CONTENT OR CONTENT THAT IS THREATENING, ABUSIVE, HARRASSING, TORTUOUS, DECEPTIVE, DEROGATORY, CONSTITUTES HATE SPEECH, RACIALLY OR ETHNICALLY DAMAGING, VIOLATES THE STATUTORY OR COMMON LAW RIGHTS OF OTHERS, MISREPRESENTS A SOURCE OF THE CONTENT OR YOUR AUTHORITY, IS ILLEGAL UNDER APPLICABLE LOCAL, STATE, NATIONAL OR INTERNATIONAL LAW OR GOVERNMENTAL REGULATIONS, OR VIOLATES THE PRIVACY RIGHTS AND EXPECTATIONS OF OTHERS.
YOU AGREE TO INDEMNIFY AND HOLD HARMLESS AZPRIVATEZ, ITS SUCCESSORS AND ASSIGNS AND ITS CONTRACTORS AND VENDORS FOR ANY LIABILITY ARISING FROM YOUR FAILURE TO COMPLY WITH THIS SECTION.
16. Venue, Governing Law, Waiver of Jury Trial:
This Agreement shall be governed and construed in accordance with the laws of the State of Texas. The parties further agree to the exclusive jurisdiction and venue of the applicable state and federal courts in Dallas, Texas. THE PARTIES FURTHER AGREE TO WAIVE THEIR RIGHT TO A JURY TRIAL.
17. Notices:
You agree that notices can be sent to you at the E-Mail address provided by you or via first class mail to the address provided by you in the registration process. Notices sent by either means will be deemed delivered five (5) days after they have been sent. You further agree to periodically check AZPrivateZ's web site from time to time and any changes made thereto or to this Agreement will be deemed delivered thirty (30) days after said change is published on AZPrivateZ's web site. Notices may be sent to AZPrivateZ to the E-Mail address provided by AZPrivateZ on its web site or to its business address provided on its web site. Notices sent to either address shall be deemed delivered five (5) days after they have been sent.
18. Entire Agreement; Severability; Survival:
This Agreement including the documents it references and incorporates constitutes the entire agreement between the You and AZPrivateZ regarding the services governed by the Agreement.
You agree that the terms of this agreement are severable and that if any part of this agreement should be determined to be unenforceable or otherwise invalid that the remainder of the agreement shall remain in full force and effect. Both You and AZPrivateZ agree that any portion of this agreement that is found to be unenforceable or invalid shall interpreted as closely to applicable law as possible and shall be given meaning consistent with the intent of the parties at the time of contract formation.
THE TERMS AND CONDITIONS OF THE AGREEMENT SHALL SURVIVE THE TERMINATION OR EXPIRATION OF THIS AGREEMENT OR THE TERMINATION OF THE RELATIONSHIP BETWEEN YOU AND AZPRIVATEZ AND DISPUTES ARISING OUT OF THE RELATIONSHIP FORMED BY THIS CONTRACT SHALL BE SETTLED IN ACCORDANCE WITH THE TERMS OF THIS AGREEMENT.
19. Notices:
You agree not to assign this agreement or the related domain name registrations without the consent of AZPrivateZ and in accordance with AZPrivateZ's domain transfer policy. AZPrivateZ may assign this agreement at any time without Your consent.
20. Waiver:
The failure of either party to enforce any provision or provisions of this Agreement will not in any way be construed as a waiver of any such provision or provisions as to any future violations thereof nor prevent that party thereafter from enforcing each and every provision of this Agreement. The rights granted the Parties herein are cumulative and the waiver of any single remedy will not constitute a waiver of such party's right to assert all other legal and equitable remedies available to it under the circumstances.
21. Force Majure:
No party shall be liable by reason of any failure to delay in the performance of its obligations due to strikes, riots, fires or explosions, acts of God, war, governmental action, terrorism or any other cause which is beyond the reasonable control of such parties.
