For VIVIDWOLF – Domain Name Registration Services, along with the Services Agreement located at http://www.vividwolf.com/terms-of-service the following additional terms and conditions also apply collectively to this “Agreement”
SERVICES
Upon Customer’s request and further subject to this Agreement, VIVIDWOLF will register an internet domain name or renew registration of an existing domain name (the “Domain Name”), on your behalf, with a registrar selected by VIVIDWOLF (the “Registrar”). Beginning on June 15, 2013, the Registrar for the Services shall be Ezi Hosting, and all new registrations and subsequent renewals of those registrations will be subject to the Ezi HosGng terms and conditions, located at https://www.ezihosting.com/policies/terms-and-conditions/ (the “Registrar Terms”).
GENERAL TERMST
Your use of the services provided VIVIDWOLF serves as your consent to the terms of this Agreement. VIVID WOLF will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Agreement.
TERM AND RENEWALS
The Term of this Agreement is twelve (12) months from date of engagement. When you obtain additional products and services with us, this Agreement will be renewed for additional 12 month periods, coincident with the term of your services. A reminder will be provided to you prior to the expiration of your Agreement. On the day prior to the renewal date of your domain name, we will attempt to renew your services for an addittonal year. If our renewal is successful, this Agreement will be extended for an additional 12 months – fees and service charges will apply and you agree to the terms of payment for such services we provide. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service by notifying us in writing prior to the expiration date of your Agreement.
PURCHASING ADDITIONAL DOMAINS
The initial registration term for purchased domains is twelve (12) months, and each purchased domain registration will auto-renew for successive 12-month periods. You’ll be charged for auto-renewal ficeen (15) calendar days before your domain expires. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees.
We do not offer refunds for domain purchases. We also do not offer refunds for domain renewal purchases. You may transfer a purchased domain to another domain provider, though you won’t be eligible for a refund of registration fees paid to VIVIDWOLF.
BILLING & CONTACT INFORMATION
Maintaining accurate and current billing information is a mandatory condition of providing any VIVIDWOLF service to you. If we do not maintain current information, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party. If you sell your business, you may also have to transfer ownership of your domain name(s). Unfortunately, the rules and regulations set by the governing body auDA (http://www.auda.org.au/) make this a little bit more complex than just changing your contact details or transferring the domain name to a different registrar. See more details: 2011-03 – Transfers (Change of Registrant) Policy (http://www.auda.org.au/policies/2011-03/). The domain name registration will actually be cancelled and a new registration under the new name will be initiated. This change of ownership includes 2 years registration for the new registrant. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through the products and services offered by VIVIDWOLF is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.
VIVIDWOLF may need to be able to contact you easily and quickly. You are responsible for ensuring that VIVIDWOLF has accurate and current contact and billing information for you, including your full and legal name, postal address, e-mail address, and telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Similarly, if you need to reach VIVIDWOLF, you may contact us at:
VIVIDWOLF Design
Attention: Domains/Customer Support
E-Mail to accounts@vividwolf.com
TIMELY PAYMENT
Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to VIVIDWOLF and a cancellation surcharge per domain name cancelled plus applicable renewal fees may be payable.
RECOVERING A DOMAIN NAME AFTER EXPIRY
To recover a domain name acer it has expired. Renewal of a domain name acer its expiry is subject to a Redemption Recovery fee plus any other applicable renewal fees. It may not always be possible to renew a domain name acer its expiry and VIVIDWOLF has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.
If you forfeit a domain name for non-payment, VIVIDWOLF will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that VIVIDWOLF may enforce any of the terms of the Agreement, to recover its actual reasonable fees and reasonable associated costs, to recover any amounts outstanding on your account.
CANCELLING & TERMINATION
You may end this Agreement at any time and for any reason by canceling your services agreement with us in writing. VIVIDWOLF can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If VIVIDWOLF terminates this Agreement, VIVIDWOLF will provide you with written notice, either via postal service, or email. VIVID WOLF may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar. You may not transfer a domain name within 90 days of registration.
THIRD PARTY TERMS
To provide these services to you VIVIDWOLF will register an internet domain name or renew registraGon of an existing domain name (the “Domain Name”), on your behalf, with a registrar selected by VIVIDWOLF. You herby agree to the (“Third-Party Terms”). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.
COMPLAINTS & LEGAL CHALLENGES
Sometimes domain name registrations become the subject of a legal challenge. If VIVIDWOLF is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of VIVIDWOLF costs and legal fees and to indemnify and hold VIVIDWOLF harmless from any action. If VIVIDWOLF is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, VIVIDWOLF may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non- delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) 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.
DISCLAIMER OF WARRANTIES
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an “as is,” “as available” basis. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.
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