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Domain Names Express
Universal Terms of Service Agreement

Last Revised:  April 8, 2010 

PLEASE READ THIS UNIVERSAL TERMS OF SERVICE AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.

1. OVERVIEW

This Universal Terms of Service Agreement (this “Agreement”) is entered into by and between Domain Names Express, a/an individual (“Domain Names Express”) and you, and is made effective as of the date of electronic acceptance.  This Agreement sets forth the general terms and conditions of your use of this website (this “Site”) and the products and services (collectively, the “Services”) found at this Site, and is in addition to (not in lieu of) any specific terms and conditions that apply to the particular Services you purchase or access through this Site.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following corporate policies, which are incorporated herein by reference:

The terms “we”, “us” or “our” shall refer to Domain Names Express.  The terms “you”, “your” or “User” 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.

Domain Names Express may, in its sole and absolute discretion, change or modify this Agreement, and the corporate policies which are incorporated herein, at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made to this Agreement as indicated by the “Last Revised” date at the top of this page. 

2. ELIGIBILITY; AUTHORITY

This Site and the Services found at this Site are available only to Users who can form legally binding contracts under applicable law.  By using this Site or the Services found at this Site, you represent and warrant that you are (i) at least eighteen (18) years of age and/or (ii) otherwise recognized as being able to form legally binding contracts under applicable law.

If you are entering into this Agreement on behalf of a corporate entity, you represent and warrant that you have the legal authority to bind such corporate entity to the terms and conditions contained in this Agreement, in which case the terms "you", "your" or “User” shall refer to such corporate entity.  If, after your electronic acceptance of this Agreement, Domain Names Express finds that you do not have the legal authority to bind such corporate entity, you will be personally responsible for the obligations contained in this Agreement, including, but not limited to, the payment obligations. Domain Names Express shall not be liable for any loss or damage resulting from Domain Names Express’s reliance on any instruction, notice, document or communication reasonably believed by Domain Names Express to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document or communication, Domain Names Express reserves the right (but undertakes no duty) to require additional authentication from you.

3. ACCOUNTS; TRANSFER OF DATA ABROAD

Accounts.  In order to access some of the features of this Site or use some of the Services found at this Site, you will have to create an account (an “Account”). You represent and warrant to Domain Names Express that all information you submit when you create your Account is accurate, current and complete, and that you will keep your Account information accurate, current and complete.  If Domain Names Express has reason to believe that your Account information is untrue, inaccurate, out-of-date or incomplete, Domain Names Express reserves the right, in its sole and absolute discretion, to suspend or terminate your Account.  You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure, including without limitation your customer number/login, password, payment method(s), and shopper PIN.  For security purposes, Domain Names Express recommends that you change your password and shopper PIN at least once every six (6) months for each Account you have with Domain Names Express.  You must notify Domain Names Express immediately of any breach of security or unauthorized use of your Account. Domain Names Express will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Domain Names Express or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.

Transfer of Data Abroad.  If you are visiting this Site from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your Account information) across international boundaries.  By visiting this Site and communicating electronically with us, you consent to such transfers.

4. GENERAL RULES OF CONDUCT

You acknowledge and agree that:

  1. Your use of this Site and the Services found at this Site, including any content you submit, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
  2. You will not impersonate another User or any other person or entity, or submit content on behalf of another User or any other person or entity, without their express prior written consent.
  3. You will not collect or harvest (or permit anyone else to collect or harvest) any User Content (as defined below) or any non-public or personally identifiable information about another User or any other person or entity without their express prior written consent. 
  4. You will not use this Site or the Services found at this Site in a manner (as determined by Domain Names Express in its sole and absolute discretion) that:
    • Is illegal, or promotes or encourages illegal activity;
    • Promotes, encourages or engages in defamatory, harassing, abusive or otherwise objectionable behavior;
    • Promotes, encourages or engages in child pornography or the exploitation of children;
    • Promotes, encourages or engages in hate speech, hate crime, terrorism, violence against people, animals, or property, or intolerance of or against any protected class;
    • Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
    • Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription;  
    • Infringes on the intellectual property rights of another User or any other person or entity;
    • Violates the privacy or publicity rights of another User or any other person or entity, or breaches any duty of confidentiality that you owe to another User or any other person or entity;
    • Interferes with the operation of this Site or the Services found at this Site;
    • Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
    • Contains false or deceptive language, or unsubstantiated or comparative claims, regarding Domain Names Express or Domain Names Express’s Services.
  5. You will not copy or distribute in any medium any part of this Site or the Services found at this Site, except where expressly authorized by Domain Names Express.
  6. You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
  7. You will not access Domain Names Express Content (as defined below) or User Content through any technology or means other than through this Site itself, or as Domain Names Express may designate.
  8. You agree to back-up all of your User Content so that you can access and use it when needed. Domain Names Express does not warrant that it backs-up any Account or User Content, and you agree to accept as a risk the loss of any and all of your User Content.
  9. You will not use this Site or the Services found at this Site, including any of Domain Names Express’s related technologies, for any commercial use without Domain Names Express’s express prior written consent.

Domain Names Express reserves the right to modify, change, or discontinue any aspect of this Site or the Services found at this Site, including without limitation prices and fees for the same, at any time.

5. YOUR USE OF Domain Names Express CONTENT AND USER CONTENT

In addition to the general rules above, the following restrictions and conditions apply specifically to your use of Domain Names Express Content and User Content.

Domain Names Express Content. Except for User Content, the content on this Site and the Services found at this Site, including without limitation the text, software, scripts, source code, API, graphics, photos, sounds, music, videos and interactive features and the trademarks, service marks and logos contained therein (“Domain Names Express Content”), are owned by or licensed to Domain Names Express in perpetuity, and are subject to copyright, trademark, and/or patent protection in the United States and foreign countries, and other intellectual property rights under United States and foreign laws. Domain Names Express Content is provided to you “as is”, “as available” and “with all faults” for your information and personal, non-commercial use only and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purposes whatsoever without the express prior written consent of Domain Names Express. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Domain Names Express reserves all rights not expressly granted in and to the Domain Names Express Content, this Site and the Services found at this Site, and this Agreement do not transfer ownership of any of these rights.

User Content. Some of the features of this Site or the Services found at this Site may allow Users to view, post, publish, share, store, or manage (a) ideas, opinions, recommendations, or advice (“User Submissions”), or (b) literary, artistic, musical, or other content, including but not limited to photos and videos (together with User Submissions, “User Content”).  By posting or publishing User Content to this Site or to the Services found at this Site, you represent and warrant to Domain Names Express that (i) you have all necessary rights to distribute User Content via this Site or via the Services found at this Site, either because you are the author of the User Content and have the right to distribute the same, or because you have the appropriate distribution rights, licenses, consents, and/or permissions to use, in writing, from the copyright or other owner of the User Content, and (ii) you do not violate the rights of any third party.

Security. You agree not to circumvent, disable or otherwise interfere with the security-related features of this Site or the Services found at this Site (including without limitation those features that prevent or restrict use or copying of any Domain Names Express Content or User Content) or enforce limitations on the use of this Site or the Services found at this Site, the Domain Names Express Content or the User Content therein.

6. Domain Names Express'S USE OF USER CONTENT

Generally.  You shall be solely responsible for any and all of your User Content or User Content that is submitted through your Account, and the consequences of, and requirements for, distributing it.

With Respect to User Submissions.  You acknowledge and agree that:

  1. Your User Submissions are entirely voluntary.
  2. Your User Submissions do not establish a confidential relationship or obligate Domain Names Express to treat your User Submissions as confidential or secret.
  3. Domain Names Express has no obligation, either express or implied, to develop or use your User Submissions, and no compensation is due to you or to anyone else for any intentional or unintentional use of your User Submissions.
  4. Domain Names Express may be working on the same or similar content, it may already know of such content from other sources, it may simply wish to develop this (or similar) content on its own, or it may have taken / will take some other action.

Domain Names Express shall own exclusive rights (including all intellectual property and other proprietary rights) to any User Submissions posted to this Site, and shall be entitled to the unrestricted use and dissemination of any User Submissions posted to this Site for any purpose, commercial or otherwise, without acknowledgment or compensation to you or to anyone else.

With Respect to User Content (Other Than User Submissions)

If you have a website hosted by Domain Names Express or another service provider, you shall retain all of your ownership or licensed rights in User Content posted to your website.

However, if you post or publish your User Content to this Site, you authorize Domain Names Express to use the intellectual property and other proprietary rights in and to your User Content to enable inclusion and use of the User Content in the manner contemplated by this Site and this Agreement.  Accordingly, you hereby grant Domain Names Express a worldwide, non-exclusive, royalty-free, sublicensable (through multiple tiers), and transferable license to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content in connection with this Site and Domain Names Express’s (and Domain Names Express’s affiliates’) business(es), including without limitation for promoting and redistributing all or part of this Site in any media formats and through any media channels without restrictions of any kind and without payment or other consideration of any kind, or permission or notification, to you or any third party. You also hereby grant each User of this Site a non-exclusive license to access your User Content (with the exception of User Content that you designate “private” or “password protected”) through this Site, and to use, reproduce, distribute, prepare derivative works of, combine with other works, display, and perform your User Content as permitted through the functionality of this Site and under this Agreement. The above licenses granted by you in your User Content terminate within a commercially reasonable time after you remove or delete your User Content from this Site. You understand and agree, however, that Domain Names Express may retain (but not distribute, display, or perform) server copies of your User Content that have been removed or deleted. The above licenses granted by you in your User Content are perpetual and irrevocable.  Notwithstanding anything to the contrary contained herein, Domain Names Express shall not use any User Content that has been designated “private” or “password protected” by you for the purpose of promoting this Site or Domain Names Express’s (or Domain Names Express’s affiliates’) business(es).

7. MONITORING OF CONTENT; ACCOUNT TERMINATION POLICY

Domain Names Express generally does not pre-screen User Content (whether posted to a website hosted by Domain Names Express or posted to this Site).  However, Domain Names Express reserves the right (but undertakes no duty) to do so and decide whether any item of User Content is appropriate and/or complies with this Agreement. Domain Names Express may remove any item of User Content (whether posted to a website hosted by Domain Names Express or posted to this Site) and/or terminate a User’s access to this Site or the Services found at this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Domain Names Express in its sole and absolute discretion), at any time and without prior notice. Domain Names Express may also terminate a User’s access to this Site or the Services found at this Site if Domain Names Express has reason to believe the User is a repeat offender.  If Domain Names Express terminates your access to this Site or the Services found at this Site, Domain Names Express may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.

8. ADDITIONAL RESERVATION OF RIGHTS

Domain Names Express expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) that it deems necessary, in its sole and absolute discretion, (i) to correct mistakes made by Domain Names Express in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to comply with applicable local, state, national and international laws, rules and regulations, (iv) to comply with requests of law enforcement, including subpoena requests, (v) to comply with any dispute resolution process, (vi) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (vii) to avoid any civil or criminal liability on the part of Domain Names Express, its officers, directors, employees and agents, as well as Domain Names Express’s affiliates.

Domain Names Express expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels.

9. NO SPAM; LIQUIDATED DAMAGES

You acknowledge you have read, understand and agree to be bound by Domain Names Express’s Anti-Spam Policy referenced above and available here.  You agree Domain Names Express may immediately terminate any Account which it believes, in its sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay Domain Names Express liquidated damages in the amount of $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your Account.

10. TRADEMARK AND/OR COPYRIGHT CLAIMS

Domain Names Express supports the protection of intellectual property.  If you would like to submit (i) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (ii) a copyright claim for material on which you hold a bona fide copyright, please refer to Domain Names Express’s Trademark and/or Copyright Infringement Policy referenced above and available here.

11. LINKS TO THIRD-PARTY WEBSITES

This Site and the Services found at this Site may contain links to third-party websites that are not owned or controlled by Domain Names Express. Domain Names Express assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Domain Names Express does not censor or edit the content of any third-party websites. By using this Site or the Services found at this Site, you expressly release Domain Names Express from any and all liability arising from your use of any third-party website. Accordingly, Domain Names Express encourages you to be aware when you leave this Site or the Services found at this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit.

12. DISCLAIMER OF REPRESENTATIONS AND WARRANTIES

YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND THE SERVICES FOUND AT THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE AND THE SERVICES FOUND AT THIS SITE ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. Domain Names Express, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. Domain Names Express, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND Domain Names Express ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME.

IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY Domain Names Express, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES) WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.

THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

13. LIMITATION OF LIABILITY

IN NO EVENT SHALL Domain Names Express, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT Domain Names Express IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that any cause of action arising out of or related to this Site or the Services found at this Site must be commenced within one (1) year after the cause of action accrues, otherwise such cause of action shall be permanently barred.

IN ADDITION, You SPECIFICALLY ACKNOWLEDGE AND agree that in no event shall Domain Names Express’s total aggregate liability exceed the total amount paid by you for the particular ServiceS that ARE the subject of the cause of action.

THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

14. INDEMNITY

You agree to protect, defend, indemnify and hold harmless Domain Names Express and its officers, directors, employees, and agents, from and against any and all claims, demands, costs, expenses, losses, liabilities and damages of every kind and nature (including, without limitation, reasonable attorneys’ fees) imposed upon or incurred by Domain Names Express directly or indirectly arising from (i) your use of and access to this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement or the corporate policies which are incorporated herein; and/or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right.  The indemnification obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

15. FEES AND PAYMENTS

You agree to pay any fees due for Services purchased at this Site at the time you order the Services. All fees are non-refundable unless otherwise expressly noted, even if your Services are suspended, terminated, or transferred prior to the end of the Services term. Domain Names Express expressly reserves the right to change or modify its prices and fees at any time and such changes or modifications shall be effective immediately upon the earlier of (i) our email notification to you advising you of such changes or modifications or (ii) your electronic acceptance of this Agreement after such changes or modifications have been made. 

Payment may be made by you by “Express Checkout” (where available) or by providing a valid credit card, an online check, a personal check, a gift card (except as prohibited in any product-specific agreement), or using “Good As Gold Prepaid Services” to establish a cash reserve for charge by Domain Names Express (each, a “Payment Method”). Your Good As Gold Account (as defined below) may be funded by a money order or a personal check as further described below. With Express Checkout enabled, clicking the “Express Checkout” button for a product that offers Express Checkout will automatically place an order for that product and charge the primary Payment Method on your Account. Confirmation of that order will be sent to the email address on file for your Account. Your Payment Method on file must be kept valid if you have any active products in your Account.

If you signed up for a monthly payment plan, your monthly billing date will be determined based on the day of the month you purchase the Services unless that date falls after the 28th of the month, in which case your billing date will be the 28th of each month. If you signed up for an annual (or longer) payment plan, and you elected the automatic renewal option, Domain Names Express will automatically renew your Services when they come up for renewal and will take payment from the Payment Method you have on file with Domain Names Express at Domain Names Express’s then current rates.

If for any reason Domain Names Express is unable to charge your Payment Method for the full amount owed Domain Names Express for the Services provided, or if Domain Names Express is charged a penalty for any fee it previously charged to your Payment Method, you agree that Domain Names Express may pursue all available remedies in order to obtain payment. If you pay by credit card and if for any reason Domain Names Express is unable to charge your credit card with the full amount of the Services provided, or if Domain Names Express is charged back for any fee it previously charged to the credit card you provided, you agree that Domain Names Express may pursue all available remedies in order to obtain payment. You agree that the remedies Domain Names Express may pursue in order to effect payment shall include, but not be limited to, immediate cancellation without notice to you of any domain names or Services registered or renewed on your behalf. Domain Names Express reserves the right to charge you a reasonable administrative fee for administrative tasks outside the scope of its regular Services, including additional costs that it may incur in providing the Services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, fees incurred by third-party payment providers, including PayPal and Certegy, Inc., and disputes that require legal services. These charges will be billed to the Payment Method we have on file for you. You may change your Payment Method at any time by logging into your “Account Manager”. 

You acknowledge and agree that you are solely liable for arranging that your Services are renewed, and that Domain Names Express shall not be liable to you or any third party if it is unable to charge your Payment Method in order to renew your Services.

While all transactions are processed in U.S. dollars, Domain Names Express may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between the actual purchase and the payment settlement, the actual price charged may fluctuate. Domain Names Express makes no representations or warranties that the estimated price will be the same or substantially similar to the actual price you will pay and you waive any and all claims based upon any discrepancy between the estimate and the actual price and the price paid and any subsequent refund. In addition, you may be charged VAT, GST or other localized taxes, based on the country indicated in your billing address section. Any amounts to be charged will appear during the checkout process.

(A) GOOD AS GOLD PREPAID SERVICES

Service Details

By using Good As Gold Prepaid Services, you can transfer funds to Domain Names Express in advance and use the balance of your Good As Gold Prepaid Services account (“Good As Gold Account”) as you please. You can use your Good As Gold Account to purchase any of Domain Names Express’s Services. Payment is to be made by you providing either a valid credit card, wire transfer, a money order, or personal check. All money orders will be delayed ten (10) days until the money is credited, which may delay your use of the Services, and any money order that does not clear will result in a $25.00 processing fee. Personal checks may only be used for payments of $100.00 or more, and may not be made for less than the amount required at purchase. Personal checks under $1,000.00 are subject to the same processing fees as wire transfers. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay your use of the Services. You agree that if the electronic funds transfer (“EFT”) or bank draft is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your Good As Gold Account using an EFT or bank draft.

You can verify the remaining funds in your Good As Gold Account at any time by logging into “Manage Your Account” or through the shopping cart on the Domain Names Express website. Should you decide to terminate your Good As Gold Account and seek a refund, your refund will be made by check net of any discounts, including, but not limited to, reduced or waived wire transfer fees and/or the Cash Discount (as defined below).

You acknowledge that funds transferred to your Good As Gold Account will be held by Domain Names Express and will not accrue or pay interest for your benefit. To the extent any interest may accrue, you understand and agree that Domain Names Express shall be entitled to receive and keep any such amounts to cover costs associated with Good As Gold Prepaid Services.

You acknowledge that all transactions using Good As Gold Prepaid Services will be conducted in U.S. dollars and that it is your responsibility to arrange for foreign currency translations prior to funding your Good As Gold Account. Wire transfers received by Domain Names Express in foreign currencies will be returned and you will be responsible for the cost of returning such funds. Your Good As Gold Account must be funded on an initial basis with no less than $100.00, paid in U.S. funds. You agree that you will be responsible for all wire transfer fees, both incoming and outgoing, associated with your Good As Gold Account. Any non-U.S. wire transfers may be subject to fees by either your bank, intermediary banks or Domain Names Express’s bank, which may reduce the amount of the money received by Domain Names Express’s bank and subsequently funded into your Good As Gold Account. Customers funding a Good As Gold Account with a wire of $1,000.00 or more shall not be subject to a $20.00 wire transfer processing fee from Domain Names Express. You hereby expressly give Domain Names Express permission to reduce your Good As Gold Account by the amount of wire transfer fees Domain Names Express incurs in order to receive your funds. All fees are subject to change and will be updated online in this Agreement.

The Cash Discount will be reflected in your Good As Gold Account balance. Thus, purchases will reduce your Good As Gold Account balance by ninety-eight percent (98%) of the total purchase price of each transaction. For example, if your Good As Gold Account is funded with an initial amount of $100.00 and you make a $10.00 purchase, your Good As Gold Account will be reduced by only $9.80. Domain Names Express reserves the right to discontinue or change the Cash Discount at any time, without notice.

Your Use of Good As Gold Prepaid Services

Use of funds in your Good As Gold Account can only be made through the Domain Names Express purchase process at Domain Names Express’s website. Purchases may not be made unless there are sufficient, available funds in your Good As Gold Account at the time of purchase to cover the entire purchase amount, including any related fees as set forth herein or in other relevant agreements.

Additional funds may be added to your Good As Gold Account at any time. The minimum increment for funds transfers is $100.00.

You will be able to access your Good As Gold Account activity and records from the “Manage Your Account” link on Domain Names Express’s website. Your Good As Gold Account will show purchases and the amount of funds remaining in your Good As Gold Account. Domain Names Express reserves the right at all times to disclose any information about your Good As Gold Account as Domain Names Express deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part from your Good As Gold Account, in the sole and absolute discretion of Domain Names Express.

(B) PAY BY CHECK

By using Domain Names Express’s pay by check option (“Pay By Check”), you can purchase Domain Names Express Services using a personal check. In connection therewith, you agree to allow Certegy Check Services, Inc. (“Certegy”) to debit the full amount of your purchase from your checking account (“Checking Account”), which is non-refundable. Certegy will create an EFT or bank draft which will be presented to your bank or financial institution for payment from your Checking Account. The Checking Account must be at a financial institution in the United States, and the check must be payable in U.S. dollars.

It is your responsibility to keep your Checking Account current and to have available funds in it. You agree that Certegy and Domain Names Express will not be responsible for payments that fail to go through as a result of your Checking Account no longer existing or holding insufficient funds. If for any reason Certegy is unable to withdraw the full amount owed for the Services provided, you agree that Certegy and Domain Names Express may pursue all available remedies in order to obtain payment. You agree that if the EFT or bank draft is returned unpaid, you will pay a service charge in accordance with the fees provided below, or as otherwise permitted by law. These fees may be debited from your Checking Account using an EFT or bank draft.

AK

$30

IN

$20

MO

$25

OK

$25

VT

$25

AZ

$25

IA

$30

MT

$30

OR

$25

VI

$15

AR

$25

KS

$30

NE

$25

PA

$25

VA

$50

CA

$25

KY

$25

NV

$25

PR

$15

WA

$25

CO

$40

ME

$25

NH

$25

RI

$25

WV

$25

CT

$20

MD

$35

NJ

$25

SC

$30

WI

$25

DE

$40

MA

$25

NM

$25

SD

$40

WY

$30

DC

$15

MI

$25

NY

$20

TN

$30

 

 

HI

$30

MN

$30

NC

$25

TX

$30

 

 

FL: $25.00 for face value less than or equal to $50.00
$30.00 for face value of $50.01 up to and including $300.00
$40.00 for face value greater than $300.00
Or five percent (5%) of face value, whichever is greater

GA: $30.00 or five percent (5%) of face value of check, whichever is greater

ID: $20.00 or face value of check, whichever is less

LA: $25.00 or five percent (5%) of face value of check, whichever is greater

OH: $30.00 or ten percent (10%) of face value of check, whichever is greater

The check may not be for less than the full amount required at that time. Personal checks under $1,000.00 are subject to the same processing fees as wire transfers. All personal checks may be delayed up to fourteen (14) days until the money is credited, which may delay your use of the Services.

By clicking the box labeled “I agree” to the terms of the Pay by Check Agreement, you authorize the information provided to be used for the creation of an EFT or bank draft and you authorize a debit of the full amount of your purchase from your Checking Account.

(C) PAY BY PAYPAL

By using Domain Names Express’s pay by PayPal payment option (“PayPal”), you can purchase Domain Names Express Services using PayPal. In connection therewith, you agree to allow PayPal to debit the full amount of your purchase from your PayPal account (“PayPal Account”) or from the credit card(s), debit card(s), bank account(s), or other allowed Payment Method(s) linked to your PayPal Account (“PayPal Funding Source”).

It is your responsibility to keep your PayPal Account and PayPal Funding Source current and funded, and your PayPal Account backed by a valid credit card. You agree that PayPal and Domain Names Express will not be responsible for payments that fail to go through as a result of your PayPal Account or PayPal Funding Source no longer existing or holding insufficient funds. If for any reason PayPal is unable to withdraw the full amount owed for your purchase, you agree that PayPal and Domain Names Express may pursue all available remedies in order to obtain payment. You agree that if the transaction is returned unpaid, you will pay a service charge of $25.00 or the maximum amount allowed by law, which may be debited from your PayPal Account or PayPal Funding Source.

By clicking the box labeled “I agree” to the terms of the PayPal payment option, you authorize a debit of the full amount of your purchase from your PayPal Account or PayPal Funding Source.

(D) PAY BY ALIPAY

By using Domain Names Express’s pay by Alipay payment option (“Alipay”), you can purchase Domain Names Express Services using Alipay. In connection therewith, you agree to allow Alipay to debit the full amount of your purchase from your Alipay account (“Alipay Account”) or from the credit card(s), debit card(s), bank account(s), or other allowed Payment Method(s) linked to your Alipay Account (“Alipay Funding Source”). In addition, you agree to allow Alipay to debit an “Exchange Rate Conversion Fee”, as well as any other fees or charges applicable to your agreement with Alipay (the Exchange Rate Conversion Fee, together with the other fees or charges, collectively known as the “Alipay Fees”), from your Alipay Account or Alipay Funding Source. The Alipay Fees are subject to change at any time by Alipay without notice to you by Domain Names Express.

It is your responsibility to keep your Alipay Account and Alipay Funding Source current and funded. You agree that Alipay and Domain Names Express will not be responsible for payments that fail to go through as a result of your Alipay Account or Alipay Funding Source no longer existing or holding insufficient funds. You acknowledge that Domain Names Express will not attempt to fulfill the Services purchased by you until Domain Names Express receives confirmation of payment from Alipay. If you use a bank account (via an “Online Bank Transfer”) as your Alipay Funding Source, you acknowledge there may be a gap of several hours between the time you place your order and the time Alipay confirms payment. If Domain Names Express does not receive confirmation of payment from Alipay within twelve (12) hours, your order may be cancelled, at which time you will have to begin the purchase process again.

In addition, in the event (i) the Services (including domain names) in your shopping cart are no longer available for purchase by the time Domain Names Express receives confirmation of payment from Alipay, or (ii) you change the Services (including domain names) in your shopping cart after Domain Names Express redirects you to Alipay for payment (and, as a result, your purchase is either over-funded or under-funded), Domain Names Express will issue an automatic refund to your Alipay Account, and you will have to begin the purchase process again. Any refunds issued by Domain Names Express (automatic or otherwise) will be net of the Alipay Fees.

By clicking the box labeled “I agree” to the terms of the Alipay payment option, you authorize a debit of the full amount of your purchase (as well as the Alipay Fees) from your Alipay Account or Alipay Funding Source.

16. SUCCESSORS AND ASSIGNS

This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

17. NO THIRD-PARTY BENEFICIARIES

Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

18. U.S. EXPORT LAWS

This Site and the Services found at this Site are subject to the export laws, restrictions, regulations and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”).  Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws.  None of the Services found at this Site may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country to which the United States has embargoed goods; or (ii) to anyone on the U.S. Treasury Department's list of Specially Designated Nationals or the U.S. Commerce Department's Table of Deny Orders, or any other denied parties lists under U.S. Export Laws.  By using this Site and the Services found at this Site, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations).  If you access this Site or the Services found at this Site from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws.  If such laws conflict with U.S. Export Laws, you shall not access this Site or the Services found at this Site.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or the Services found at this Site.

19. COMPLIANCE WITH LOCAL LAWS

Domain Names Express makes no representation or warranty that the content available on this Site or the Services found at this Site are appropriate in every country or jurisdiction, and access to this Site or the Services found at this Site from countries or jurisdictions where its content is illegal is prohibited.  Users who choose to access this Site or the Services found at this Site are responsible for compliance with all local laws, rules and regulations.

20. GOVERNING LAW; JURISDICTION; VENUE; WAIVER OF TRIAL BY JURY

Except for disputes governed by the Uniform Domain Name Dispute Resolution Policy referenced above and available here, this Agreement shall be governed by and construed in accordance with the federal law of the United States and the state law of Arizona, whichever is applicable, without regard to conflict of laws principles.  You agree that any action relating to or arising out of this Agreement shall be brought in the state or federal courts of Maricopa County, Arizona, and you hereby consent to (and waive all defenses of lack of personal jurisdiction and forum non conveniens with respect to) jurisdiction and venue in the state and federal courts of Maricopa County, Arizona.  You agree to waive the right to trial by jury in any action or proceeding that takes place relating to or arising out of this Agreement.

21. TITLES AND HEADINGS; INDEPENDENT COVENANTS; SEVERABILITY

The titles and headings of this Agreement are for convenience and ease of reference only and shall not in any way be utilized to construe or interpret the agreement of the parties as otherwise set forth herein.  Each covenant and agreement in this Agreement shall for all purposes be construed to be a separate and independent covenant or agreement.  If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

22. CONTACT INFORMATION

If you have any questions about this Agreement, please contact us by email or regular mail at the following address:

Domain Names Express Legal Department
14455 North Hayden Rd.
Suite 219
Scottsdale, AZ 85260
support@secureserver.net 


Revised: 4/9/2010
Copyright © 2005-2010 All Rights Reserved.

 

 
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