This agreement is to register an email address at the domain name {{brand.name}} already manages on your behalf.
Plain Language Terms
We don’t like confusing contract terms, and belive it is best to communicate clearly the expectations and responsibilities of all parties involved in our agreements. To that effect we have tried to outline the following terms as simply as possible for clarity of understanding. If you have any questions please let us know.
In this Agreement
(“Agreement”), “Registrant”, “you” and “your” refers to the Registrant of each domain name registration, “we”, “us” and “our” refers to {{brand.name}} or Brittany Holoyukh, and “Services” refers to the domain name registration services or website hosting services provided by us as offered through {{brand.name}}, the Registration Service Provider (“Registrar”). Any reference to a “registry,” “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). This Agreement explains our obligations to you, and explains your obligations to us for the Services. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by a registry for that particular registry only.
Email Selection
The domain you have selected for this email address is {{job.mappedFields.blog_url.value}}The standard rate of renewal will be listed on your invoice at each renewal period. What email address(es) would you like to register? Please note each email is subject to the listed fee both now and at the renewal period.*
Domain Ownership
We acknowledge that you retain all rights, ownership and obligations of the domain name(s) we manage on your behalf.
Claims and Liabilities
You warrent that your use of our services is not going to subject us to any claim(s) legal or otherwise. And that but signing this agreement for services that you will not do anything with those services that infringe on any other party’s rights morally or legaly.
In the event that claims are brought against us due to these services you agree to assist us in proving our innocence and to cover any fees legal or otherwise directly or indirectly related to the costs we may incure associated with the claim.
Not included in the Service(s)
Without limitation we are not responsible for ensuring your services do not conflict or infringe on any other party’s rights legally or morally. It is your responsiblity to to know if you are infringing on the rights of others.
Should we be ordered by a court to cancel, modify or transfer your services we will comply unless you contact us to contest the order.
It is your responsiblity to communicate with litigants, potential litigants, and government authorities and it is NOT our responsibility to forward court orders or other communications to you.
If you use images or content from any other service provider you are responsible for ensuring an appropriate commercial license is obtained before the file is added to your site or other connected service associated with our agreement(s).
Renewal of Service(s)
You agree to an annually renewing contract for the service(s) outlined in this agreement. The renewal date will be the same as your listed domain registration and listed in your Client Portal.
You also acknowledge that we will notify you approximately one (1) month prior to your renewal via email with any applicable invoice(s) attached. And that all invoices must be paid in full within fifteen (15) days of receipt or late fees may apply.
Governing Law and Jurisdiction
Except as otherwise stated in this agreement all aspects of this agreement shall be governed by the laws of Canada and the Province of Manitoba. You agree that this agreement is enforcible as though it was entered wholly into and performed within the Province of Manitoba and that the only action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in Winnipeg, Manitoba courts.
Non-Agency
Nothing contained in this Agreement shall be seens as creating any agency, partnership, joint enterprise or employee/employer relationship between the parties.
Non-Waiver
The failure of us torequire your performance of any provision does not affect the full right to require such performance at any time thereafter; not shall the waiver by us of a breach of any provision be seen or understood as a waiver of the provision.
Severeability
In the event that any provision of this Agreement is unenforcable or invalid under the applicable law or by court decision, such unenforceability or invalidity does not render this Agreement unenforceable or invalid as a whole. A revised or amended provision will be provided by us which achieves to the extent possible our original objectives and intent as reflected in the original provision.
Force Majeure
You acknowledge and agree that neither we nor any other applicable third party shall be responsible for any failures or delays in performing our respective obligations due to any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or miliatry authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
Assignment
You agree that you may not assign your rights under this agreement to any party without our written consent and any attempt to do so will be null and void.
You also agree that we may assign our rights to any party directly related to our operations or ownership with prior written notice. You will be given a minimum of two (2) weeks to contest the assignment in the event this occurs.