This MASTER SERVICES AGREEMENT ("Agreement" and/or "Terms and Conditions") is made by and between 101domain GRS Limited, an Irish private limited company ("101domain") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective as of the date of acceptance. This agreement sets forth the terms and conditions of your use of our products and services ("Services").
Your acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by these Terms and Conditions along with any applicable Service Agreements found at 101domain.com/legal_agreements.htm, and including, but not limited to:
Domain Name Registration Agreement (click on this link for current agreement)
Domain Name Transfer Agreement (click on this link for current agreement)
UDRP Policy (Click on this link for information from ICANN)
URS Policy(Click on this link for information from ICANN)
Inter-Registrar Transfer Policy (Click on this link for information from ICANN)
Transfer Dispute Resolution Policy (Click on this link for information from ICANN)
Registrant Rights and Responsibilities (Click on this link for information from ICANN)
The terms "we", "us", or "our" shall refer to 101domain. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right, in our sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time with 30 days’ notice. Any such changes or modification shall be effective 30 days after sending you notice of such change by email at the email address listed in your Account or when such changes have been posted to this website ("Site"). If you do not agree to be bound by this Agreement as last revised as indicated by the "Last Revised" date located at the bottom of this Agreement, do not use or continue to use the Services or the Site. Your continued use of the Services after the 30 day notice period constitutes your acceptance of the Agreement. We may occasionally notify you of changes or modifications to this Agreement or the Services by email so it is very important that you keep your Account information current and up to date. We are not responsible and we assume no liability for your failure to receive an email notification if such failure results from inaccurate or outdated Account information.
1. Your Account with Us
You are provided a unique account by us ("Account") which allows you to purchase, manage, and control the Services through the Site. You represent and warrant to us that all information that you submit when your Account is created is accurate, current and complete, and that you will keep your Account information accurate, current and complete at all times. If we suspect that any information in your Account is untrue, false, or inaccurate, we may, at our sole and absolute discretion, suspend or terminate your Account and the Services therein.
It is your responsibility to maintain and update your username and password which allow you to access the Services provided by us within your Account. Change your password frequently and use a strong password. We are not responsible for the activity that occurs in your Account, whether it is authorized by you or not. You must keep your Account information secure and notify us of any breach of security or unauthorized access to your Account. It is recommended that you utilize the additional security services provided by us to help maintain the security of your Account and Account information. We will not be liable for any damages whatsoever incurred by you in relation to unauthorized access to your Account or Account information.
If you are entering into this Agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to this Agreement, in which case the term "you" shall refer to such entity. If you do not have such authority, or if you do not agree with the terms and conditions of this Agreement, you may not use or avail of the Services.
2. Your Obligations
You represent to us that:
(i) You are at least 18 years of age and are legally capable of entering into this Agreement with us;
(ii) You will not violate this Agreement and will comply with all local, state, national and international laws;
(iii) You will not use the Site, your Account, or the Services for any unlawful purpose;
(iv) You will not represent yourself as another person or entity, or submit information on behalf of another person or entity without their express prior written consent;
(v) You will not provide false, inaccurate, or incomplete information in your application for the Services;
(vi) You will maintain complete and accurate information with us at all times in relation to the Services;
(vii) You will not violate 3rd party trade or service marks, copyrights, patents or other intellectual property rights;
(viii) Your use of the Services does not and will not result in excess use of our resources or overloading of our DNS, server or network resources;
(ix) You will not use the Services as a source or destination of packet flooding, mail bombs, packet corruption, denial of service, or other illegal or abusive cyber activities;
(x) You will not conduct server hacking or promote hacking, cracking or other cyber crimes or activities;
(xi) You will not deploy software or scripts to run on our servers that cause overload of resources or threaten the stability of the network;
(xii) You will not disseminate or transmit SPAM email in violation of our SPAM policy;
(xiii) You will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material or content that otherwise violates the intellectual property rights of others;
We may suspend or terminate the Services at any time, at our sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with us. You agree that if we suspend or terminate the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you and that any reference in this Agreement to suspension or termination of the Services to you includes this option.
3. 3rd Party Software and Services
You acknowledge that we provide Services under this Agreement that may be provided by 3rd parties or by software of 3rd parties unrelated to us ("3rd Party Services"). We are not responsible for the performance, completeness, correctness, or failure of 3rd Party Services. Additionally, you agree to abide by the terms and conditions required by the 3rd parties for the use of the 3rd Party Services when such terms are made available to you prior to your election to use such services, and when such terms are subsequently updated.
All Services under this Agreement are provided on a pre-paid or advanced basis.
As consideration for the Services, renewal of the Services, and, if you choose the option, automatic renewal of the Services, you agree to pay, prior to the provision or renewal of the desired Services, the applicable fees ("Fees") as posted on the Site at the time (including but not limited to any fees required by 3rd parties such as ICANN or tax authorities). Fees are non-refundable, in whole or in part, once the Services have been provisioned unless this Agreement or another Agreement with us explicitly provides for a refund, even if your Services are suspended, terminated, or transferred prior to the end of the Services term.
You acknowledge that in no case whatsoever, are we required to refund you for Services provided in whole or in part under the following circumstances, including, but not limited to:
(i) Termination of this Agreement due to the violation of any term in this Agreement;
(ii) Termination of the Domain Registration Agreement due to any violation of the terms of the Domain Registration Agreement;
(iii) Termination of any Trustee Service Agreement between you and us due to circumstances beyond our control, including but not limited to, technical or administrative problems with the respective registry or changes of laws, policies or procedures of the registry, local governments, and/or jurisdiction(s) within which the respective registry operates;
(iv) Termination of this or any other agreement in connection with the Services provided by us due to the violation of terms in any agreement;
(v) Suspension, cancellation, or transfer of the Services, including those services provided under the Domain Registration Agreement, prior to the end of your then current registration term;
(vi) Falsification of Account information;
(vii) Falsification of payment information;
(viii) Unauthorized use of 3rd party payment information;
(ix) Infringement of any 3rd party’s intellection property rights or other legal rights;
(x) Errors or omissions on your part; or
(xi) Failure to cancel auto-renewal of the Services within the terms provided for in this Agreement or any other agreement in connection with the Services provided by us.
5. Payment Methods
We accept multiple payment methods to pay for the Fees of the Services as a convenience to you including major credit cards, bank check, bank transfer, wire transfer, and Paypal. We reserve the right to restrict your use of any or all payment methods on your Account at our sole discretion.
We may, at any time prior to or after the Services are provided, require additional documentation to verify your payment method, identity, and/or Account prior to the provisioning of the Services including, but not limited to, requesting copies of government-issued personal identification cards, letters of authority from your company, payment authorization and verification forms, or any other information we deem appropriate to verify your payment method, identity, and/or Account. If we are unable to verify your payment method and/or Account to our satisfaction, we reserve the right to deny, cancel, or terminate the Services, your Account, and this Agreement.
6. Chargebacks and Disputes
If you have an issue with a charge or payment to us, you should contact us first for clarification of the charge before you contact your credit card company to request a dispute or reversal of the charge.
In the event a chargeback is initiated by you and/or your credit card company (or a similar action is initiated by you or another payment provider accepted by us) in connection with your payment of Fees for any Services, you agree and acknowledge that we may immediately suspend access to any and all of your Accounts with us and our subsidiaries and affiliates and that all rights to, and interest in, and use of, any Services shall be assumed by us. We may reinstate your rights and access to the Services at our sole discretion, subject to our receipt of the disputed Fees including a minimum fee of $40.00 for each disputed transaction. In addition, you agree to pay a reinstatement and administrative fee of $200.00 (US Dollars) if reinstatement of your Account and the Services is granted.
We reserve the right to require modification of the terms and conditions of any Agreements at our sole discretion as a condition of reinstatement of your Services and Account with us.
7. Renewal and Expiration of Services
You acknowledge that, even though we may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire, including any services provided for under the Domain Name Registration Agreement or any other agreement with us, to ensure that your Renewal Fees are paid for the Services prior to the due date.
As a convenience to you, and not as a binding agreement, we may notify you via the primary email address provided in your Account, or from the control panel in your Account, when Fees for renewal of the Services are due ("Renewal Fees"). Renewal Fees are available in your Account at any time prior to the due date of the Renewal Fees. It is your responsibility to ensure that the Renewal Fees are paid in advance of the due date to prevent an interruption in Services or additional fees to restore the Services.
Additional terms and conditions regarding the renewal and expiration of individual Services may apply, including but not limited to domain name registration services, email services, trustee services, hosting services etc. In this regard, we refer you to your agreement with us relating to any such Service.
Additionally, you acknowledge that payment of certain services, specifically, but not limited to, services provided for under the Domain Name Registration Agreement, that is made by you exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
Renewal Fees collected due to your failure to cancel auto-renewal of the Services prior to the auto-renewal of your Services are non-refundable.
Should Renewal Fees go unpaid and become overdue, your Services will expire and will be terminated accordingly. We are not responsible for the loss of data, suspension, or termination of Services as a result of your failure to pay the Renewal Fees by the due date.
We are not liable for your failure to pay the Renewal Fees prior to the due date specified by us.
We provide an auto-renewal service to our customers in order to assist you in ensuring the Services remain uninterrupted. If you select auto-renewal of the Services, we will attempt to renew the Services up to 60 days prior to the due date, provided that we are able to charge one or more of the payment methods listed in your Account. You acknowledge that it is your responsibility to keep your payment methods current and up to date with available funds in order to process your auto-renewals. You acknowledge that we may use credit card updating services to keep your payment method up to date, and that we may, but are not required to, contact you to update this information as well in the event that an auto-renewal attempt is declined by the payment method issuer.
We require you to specify one payment method as the default payment method for auto-renewal of the Services ("Default Payment Method"). The system will attempt to charge the Default Payment Method for the auto-renewal up to 60 days prior to the due date. If the charge fails, you may be notified by email of the failed attempt as a courtesy. We may, at our discretion, attempt to update the payment method on file with a credit card updating service or by using another payment method provided in your Account, or may attempt to contact you for an updated and valid payment method.
You acknowledge that, even though we may provide an auto-renewal service to you for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid for your Services prior to the due date, including any services provided for under the Domain Name Registration Agreement or any other agreement with us. We are in no way liable or responsible for failure of the auto-renewal service to pay your Renewal Fees to renew the Services prior to the due date.
9. Refunds, Account Credit, and Prepayments
In the event that the Services have been paid for and cannot be provided, we may either, at our sole and absolute discretion, (a) issue a refund to the original payment method used by you to purchase the Services, or (b) issue a credit on your Account to be used for the purchase of future services ("Account Credit") on the Site. You may log in to your Account at any time to see a full transaction history of all refunds and Account Credits issued as well as the current Account Credit available to you in your Account.
In the event a refund is issued and the payment provider associated with your original payment method limits our ability to issue a refund, including the passage of time or number of refunds allowed, then we, at our sole and absolute discretion, reserve the right to issue a refund by bank cheque, or issue an Account Credit.
We do not automatically use Account Credit for the payment of Renewal Fees. The auto-renewal feature will not work with Account Credit. If you would like to use your Account Credit to pay for Renewal Fees, you must log in to your Account and pay the Renewal Fees by selecting Account Credit as the payment method when manually processing your renewal payment.
You may prefer to fund your account with a prepayment. You may do so by contacting our support staff. Prepayments are available to use in the same way as Account Credit.
You acknowledge that if you have an outstanding account balance with us for 3 years and your account is dormant during this time, we may attempt to refund your balance by cheque and close your account. We reserve the right to charge a processing fee of up to $50.00 to close your account and process a refund as well as withhold and charge against your account balance the lesser of (a) a dormancy charge of up to $30.00, or (b) the total outstanding account balance.
10. Account Suspension
We reserve the right to suspend, disable, or otherwise terminate your Account and the Services, or take any other measures deemed to be appropriate, at any time and without prior notice, to enforce this Agreement or to ensure the integrity and performance of the Services. We may terminate or suspend the Services at any time, at our sole discretion and without limitation, if it finds that you have violated any terms of this Agreement or other agreements with us. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
11. Term and Termination
This Agreement shall commence on the first day that your Account is created and shall remain in force continuously and uninterrupted so long as your Account is active.
You may terminate this Agreement at any time. To terminate your Account, you must contact support and request account termination. Upon termination, we shall terminate access to your Account and any Account information provided in connection with the Services immediately. You acknowledge that we are required to retain certain records and information from your Account according to local, state, country, and international laws and will archive the information only as it is legally required to do so for this limited purpose.
12. Additional Rights
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify any Account or Services provided under this Agreement or any other agreement with us for any reason, at our sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and our systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; (vii) to avoid any civil or criminal liability; or (viii) to comply with registry or vendor requirements.
You agree to release, defend, indemnify and hold harmless us, our parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages, charges or costs, including reasonable attorney's fees, however so incurred, arising out of or related in any way to breach by you of this Agreement or otherwise relating to the Site, your Account or your use of the Services ("Claims").
14. Warranty Disclaimer
WE, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, OUR SERVICES AND OUR SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
15. Limitations of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT FOR THE PRIOR 3 MONTHS OF SERVICES PAID FOR UNDER THIS AGREEMENT.
The terms of this Agreement and information and data that one party (the "Receiving Party") has received or will receive from the other party (the "Disclosing Party") in connection with the this Agreement are proprietary and confidential information ("Proprietary Information") of the disclosing party, including without limitation, any and all technical and non-technical information.
Each of the parties agrees that they will not use, disseminate, or in any way disclose any Proprietary Information of the other party to any third party (except as required by law), nor use the Proprietary Information for any purpose not permitted under this Agreement. The nondisclosure obligations set forth in this section shall not apply to information that was previously available in the public domain prior to or during the term of this Agreement.
You may not assign any of your rights or privileges, or delegate any of your duties or obligations hereunder, in whole or in part, by operation of law or otherwise, to any third party without our prior written consent. We may at any time assign, transfer, charge, sub-contract this Agreement. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective permitted successors and assigns.
This Agreement constitutes the entire agreement between the parties concerning the subject matter herein and supersedes all prior understandings and agreements between the parties, whether written or oral, regarding the subject matter herein. Any of the provisions of this Agreement which are determined to be invalid or unenforceable in any jurisdiction shall be ineffective to the extent of such invalidity or unenforceability in such jurisdiction, without rendering invalid or unenforceable the remaining provisions hereof or affecting the validity or unenforceability of any of the terms of this Agreement in any other jurisdiction. A waiver by either party of a breach or violation of any provision of this Agreement will not constitute or be construed as a waiver of any subsequent breach or violation of that provision or as a waiver of any breach or violation of any other provision of this Agreement. The headings contained in this Agreement are for convenience only and shall not affect meaning or interpretation of this Agreement.
18. Notices and Contact Information
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered to you at an address (including email) as set out in the Account and/or WHOIS information you have provided. If you have any questions, concerns, or complaints about our Services or anything found in this Agreement or other agreements with us, please contact us by regular mail, courier, or email to the following address:
101domain GRS Limited
Level 2, Plaza 3
Custom House Plaza
Dublin D01 VY76
Domain Support/Customer Service:
+1 760 444 8674 phone
Anthony M. Beltran, President
+1 760 444 8674 phone
+1 760 536 0509 fax
19. Governing Law
This Agreement and its subject matter shall be governed in accordance with the laws of Ireland and subject to the exclusive jurisdiction of the Irish courts without regard to conflict of laws and principles contained therein with the exception of disputes related to the Domain Name Registration Agreement which fall under UDRP, URS, or similar dispute resolution process as defined by various Registry policies incorporated or made reference to herein.
THE FOLLOWING REGISTRARS ARE REFERENCED IN THIS DOCUMENT: 101domain GRS Limited.