Last Updated September 23, 2017
1. General Terms.
1.1 The terms of this Agreement apply to your use of the Domain Name Registration Services. In the event of a conflict between the terms of this Agreement and the terms of the Postalytics Customer Agreement, or other agreement with Postalytics governing your use of the Domain Name Registration Services, the terms and conditions of this Agreement will apply with respect to your use of the Domain Name Registration Services, but only to the extent of such conflict.
1.2 You agree that your use of Postalytics services is subject both to the terms and conditions of this Agreement, and the terms and conditions governing the use of such Postalytics services, including the Postalytics Customer Agreement.
1.3 You, as the holder of the Registered Name (“Registered Name Holder”), have certain rights and responsibilities which are described in the ICANN Registrants’ Benefits and Responsibilities policy.
1.4 Postalytics may modify this Agreement at any time by posting a revised version on our site or by otherwise notifying you as provided in Section 11.1, and that your continued use of the Domain Name Registration Services following such modification will constitute acceptance of such modifications.
2. Registrar and Registry Operator.
2.1 Postalytics provides the Domain Name Registration Services through Amazon Web Services (AWS), who works exclusively with ICANN-accredited Registrars. Postalytics and AWS provides the Domain Name Registration Services through Gandi SAS or Amazon Registrar, Inc., as the sponsoring Registrar. Postalytics reserves the right to use other ICANN-accredited registrars as the Registrar. In the event that Postalytics begins using a different sponsoring Registrar, Postalytics will notify you by updating this Section 2.1 of the Agreement.
2.2 Postalytics, AWS and the Registrar are required to comply with terms and conditions specified by (a) ICANN and (b) the Registry Operator for each specific gTLD or ccTLD. You acknowledge and agree that Postalytics and/or AWS may modify this Agreement in order to comply with the requirements of ICANN, the Registrar, or a Registry Operator, and that your continued use of the Domain Name Registration Services following such modification will constitute acceptance of such modifications. Should you refuse to accept any changes that are required either by ICANN or a Registry Operator, you agree that your domain name will be cancelled and no refund will be due to you.
2.3 You agree to comply with specific requirements related to the relevant gTLD or ccTLD, as required by or on behalf of ICANN or the Registry Operator. The specific requirements related to each gTLD or ccTLD are available from the Registrar (the Amazon Registrar policy page or the Gandi contract page .)
2.4 You agree to indemnify, defend, and hold harmless AWS, the Registrar, and the Registry Operator, and each of their directors, officers, employees, and agents, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your registration of the Registered Name.
3. Registered Names.
3.1 You understand and agree that, for each Registered Name registered by you, the following terms and conditions will apply to you so long as you remain the Registered Name Holder for the Registered Name:
3.1.1 You will be identified as the Registered Name Holder in publicly-accessible WHOIS records for so long as you remain the Registered Name Holder.
3.1.2 You will remain the Registered Name Holder identified in WHOIS, even if you license the use of the Registered Name to third parties or otherwise permit third parties to use the Registered Name.
3.1.3 For some gTLDs and ccTLDs, the Registry Operator considers the Registered Name Holder to have only an exclusive User License for use of the Registered Name; this does not change your obligations as the Registered Name Holder.
3.1.4 You understand and acknowledge that Postalytics/AWS or the Registrar is obligated to provide certain information to the Registry Operator for the relevant gTLD or ccTLD, including the name of the Registered Name being registered, the IP addresses of the primary and secondary name servers for the Registered Name, the corresponding names of those name servers, the identity of the Registrar, and the Expiration Date for the Registered Name (“Registration Data”).
3.2 You are required to provide to Postalytics accurate and reliable contact information through the Route 53 console, and to correct and update such information within seven days of any change during the term of the Registered Name registration, including, for each Registered Name, the following Registration Data:
3.2.1 The full legal name, postal address, e-mail address, voice telephone number, and (where available) the fax number of the Registered Name Holder;
3.2.2 The first and last name of the Registered Name Holder’s authorized administrative contact, technical contact, and billing contact, in the case that the Registered Name Holder is an individual;
3.2.3 The title of the Registered Name Holder’s authorized administrative contact, technical contact, and billing contact, in the case that the Registered Name Holder is an organization, association, or corporation;
3.2.4 The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s administrative contact;
3.2.5 The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s technical contact;
3.2.6 The name (or title), postal address, email address, voice telephone number, and (where available) the fax number of the Registered Name’s billing contact;
3.2.7 The names of the primary and secondary nameserver(s) for the Registered Name; and
3.2.8 The types of domain name services purchased for use in connection with the registration of the Registered Name.
3.3 You acknowledge that (a) the Registrar is required by ICANN to validate and verify certain Registration Data in connection with the initial registration of the Registered Name and periodically thereafter; (b) the Registrar may contact you in connection with such validation and verification requirements; and (c) your timely and accurate response to such validation inquiries is necessary to maintain your registration of the Registered Name. You agree that the willful provision of inaccurate or unreliable information, your willful failure to update information provided to Registrar via Postalytics/AWS within seven days of any change, or any failure by you to respond for more than 15 days to inquiries by Postalytics/AWS or Registrar concerning the accuracy of Registration Data associated with your Registered Name, shall constitute a material breach of the registration agreement between you and Postalytics and will be a basis for Postalytics or the Registrar to suspend and/or cancel your registration of the Registered Name.
3.4 Registered Names cannot be any domain name that is either a reserved name pursuant to ICANN policy or reserved by the Registry Operator for the gTLD or ccTLD.
3.5 You are not permitted to use a Proxy Registration Service in connection with the Domain Name Registration Services. If permitted by the Registrar, you may use Private Domain Registration, but only in accordance with the Registrar’s terms and conditions for private domain registration (the Amazon Registrar policy page or the Gandi WHOIS page ).
3.6 With regard to any data requested from you by Postalytics in connection with your use of the Domain Name Registration Services (“DNRS Data”), you acknowledge and agree that:
3.6.1 Postalytics/AWS collects and processes DNRS Data, which includes both the Registration Data and our records indicating your acceptance of this Agreement, in connection with your request to register a Registered Name.
3.6.2 Postalytics/AWS will share DNRS Data with the Registrar, and both Postalytics/AWS and the Registrar are required by ICANN to make certain DNRS Data publicly accessible via WHOIS, including by providing bulk access to DNRS Data. DNRS Data includes: the domain name; your name and postal address; the name, email address, postal address, voice and fax numbers for technical and administrative contacts; the Internet protocol numbers for the primary and secondary name servers; the corresponding names of the name servers; the original date of registration and expiration date; the name of the primary and secondary name servers; and the identity of the Registrar.
3.6.3 The Registrar may be required to submit an electronic copy of the DNRS Data to ICANN from time to time. The Registrar must regularly submit an electronic copy of the DNRS Data to an escrow agent mutually approved by the Registrar and ICANN to be held in escrow.
3.6.4 Postalytics/AWS is required to collect the Registration Data in connection with your registration of the Registered Name. Other DNRS Data requested by Postalytics is voluntary but may be shared with the Registrar and/or ICANN if you provide it to Postalytics.
3.6.5 You may access and make corrections to your personal data through the Domain Interface in your Postalytics account.
3.6.6 You agree that Postalytics/AWS may retain all such DNRS Data during the term of this Agreement and for two years thereafter, in order to comply with ICANN requirements for the retention of such data.
3.6.7 You consent to such data processing of DNRS Data for the purposes and with the limitations described in this section and Section 3.7 below.
3.7 Regarding the DNRS Data described in Section 3.6 above, Postalytics agrees that:
3.7.1 Postalytics will not process the DNRS Data collected from you in a manner incompatible with the purposes and other limitations described in this section and Section 3.6 above.
3.7.2 Postalytics/AWS will take reasonable precautions to protect the DNRS Data provided by you from any loss, misuse, unauthorized access or disclosure, alteration, or destruction.
3.8 Postalytics will permit you to transfer the Registered Name to a third party as a professional service with additional fees. Contact Postalytics client services to discuss.
3.8.1 A change in the Registered Name Holder does not necessarily include the renewal of the Registered Name’s registration, which must be expressly requested and paid for. Postalytics is not responsible for the expiration of a Registered Name that is the result of any failure to renew the registration of the Registered Name.
3.8.2 A new Registered Name Holder must expressly confirm their desire to accept your transfer of the Registered Name, and must expressly accept the terms and conditions of this Agreement.
3.8.3 You may be prohibited from transferring the Registered Name to or from a third party under certain circumstances, including (A) within the first 60 days following your registration of the Registered Name for some TLDs, (B) in the event of a dispute regarding the Registered Name or its use, (C) in the event that you or the third party are not current with all payments due to Postalytics, or (D) in the case that your registration of a Registered Name has already expired.
3.8.4 You will remain bound to this Agreement for as long as you are identified in WHOIS as the Registered Name Holder or for so long as any domain name remains in your account with us, even if WHOIS records identify a third party.
3.9 You may transfer the sponsorship of a Registered Name either to or from another registrar under certain terms and conditions.
3.9.1 You may transfer the sponsorship of a Registered Name either to or from another registrar under certain terms and conditions.
3.9.2 You agree to furnish Postalytics with any information necessary to transfer the sponsorship of your Registered Name to or from another registrar, or to assist Postalytics with resolving any transfer dispute.
3.9.3 The Registrar will transfer the sponsorship of a Registered Name in accordance with ICANN’s Policy on Transfer of Registrations between Registrars .
3.9.4 In the event of a dispute concerning the transfer of sponsorship of a Registered Name, the Registrar will attempt to resolve such dispute in accordance with ICANN’s Registrar Transfer Dispute Resolution Policy .
3.9.5 You may be prohibited from transferring sponsorship of a Registered Name to or from another registrar under certain circumstances, including (A) within the first 60 days following your registration of the Registered Name for some TLDs, (B) in the event of a dispute regarding the Registered Name or its use, (C) in the event that you are not current with all payments due to Postalytics, or (D) in the case that your registration of a Registered Name has already expired and is in the grace period prior to deletion.
3.10 With respect to any third party to which you may license the Registered Name , or which you might otherwise permit to use the Registered Name (as permitted by this Agreement), you agree to the following:
3.10.1 You represent and warrant to Postalytics that, with regard to any third parties whose DNRS Data is supplied by you to Postalytics, you have given notice to such third parties regarding the data processing of such DNRS Data described in Section 3.6, and obtained consent from such third party equal to the consent given by you in Section 3.6.
3.10.2 You acknowledge and agree that if you intend to license a Registered Name to a third party, you nonetheless remain the Registered Name Holder of record and you will be responsible for providing and updating Registration Data in your own name to Postalytics.
3.10.3 You acknowledge and agree that if you do license the use of a Registered Name to a third party, you shall accept liability for harm caused by wrongful use of the Registered Name by the licensee.
3.11 Optional Services. In addition to Domain Name Registration Services, we may provide additional services (each, an “Optional Service”). Your use of any Optional Service will also be subject to the associated terms and conditions, which are incorporated into this agreement as applicable.
4. Intellectual Property.
4.1 You represent and warrant that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes upon the legal rights of any third party.
4.2 You acknowledge and agree that, in addition to the requirements contained in this Agreement, the Registry Operator for a specific gTLD or ccTLD may have additional terms or conditions regarding intellectual property rights and your use of a Registered Name.
5.1 Support for the Domain Name Registration Services (“DNRS Support”) will be provided through Postalytics Customer Support by contacting Postalytics and/or opening a support ticket.
5.2 You understand and agree that DNRS Support is provided by Postalytics (not the Registrar).
6. Dispute Resolution.
6.1 You agree to be bound by ICANN’s Uniform Domain Name Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that ICANN may from time to time modify its Uniform Domain Name Dispute Resolution Policy.
6.2 You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable. This policy is incorporated herein and made a part of the Agreement.
6.3 You agree that, by maintaining your Registered Name registrations with Postalytics after any modifications to the Uniform Domain Name Dispute Resolution Policy, Uniform Rapid Suspension System, or any other ICANN-required or Registry Operator-required dispute policy become effective, you agree to the policy as modified. You agree to review each dispute policy applicable to your domain name periodically to determine if modifications have been made to it. If you cancel or terminate your Services with Postalytics as a result of a modified dispute policy, no fees will be refunded to you.
6.4 You agree that if a dispute arises as a result of your use of the Domain Name Registration Services, you will indemnify, defend and hold harmless Postalytics, the Registrar, and the Registry Operator, and each of their directors, officers, employees, and agents, as provided for in this Agreement. You also agree that if Postalytics is notified that a complaint has been filed with a governmental, administrative, or judicial body regarding a Registered Name registered by you using Postalytics, that Postalytics, in its sole discretion, may take whatever action it deems necessary regarding further modification, assignment of and/or control of the Registered Names in order to comply with the actions or requirements of the governmental, administrative, or judicial body, or until such time as the dispute is settled. In this event, you agree to hold Postalytics harmless for any action taken by Postalytics, including cancellation, suspension, or disabling of your domain name and the release of your customer information.
6.5 Without limiting the generality of Section 12.8, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where the Registrar is located, with respect to the adjudication of any disputes concerning or arising from use of the Registered Name or with respect to any “appeal” arising from a decision rendered by a panelist applying any ICANN- or Registry Operator-mandated dispute policy.
6.6 You agree that, in addition to other obligations and events set forth in this Agreement:
6.6.1 Your ability to use any of the services provided by Postalytics is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.
6.6.2 Your registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any Registrar or Registry Operator procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Postalytics or the Registry Operator in registering the name, or (2) for the resolution of disputes concerning the Registered Name.
7.1.6 You are responsible for any renewals of your domain names. If you disable Automatic Renewal, if your payment method is rejected, or if Automatic Renewal is not available for your Registered Name, then as of the Expiration Date, you may experience an interruption or loss of services, and Postalytics shall not be liable to you or any third party as a result.
7.1.7 Postalytics, AWS or Registrar will provide you with notifications of pending expiration, including a notification of the Expiration Date for your Registered Name, at least 1 month prior to the Expiration Date, 1 week prior to the Expiration Date, and 1 day after the Expiration Date. Notices will be sent to your email address on record, as provided in Section 11.1.
7.2 Recovery Services. If you do not effectively renew or transfer your registration of the Registered Name by the Expiration Date, Postalytics, AWS or the Registrar may, but are not obligated to, take actions in order to provide you with an opportunity to recover the Registered Name (“Recovery Services”) for a short period of time after the Expiration Date (the “Grace Period”), such as:
7.2.1 Postalytics, AWS or the Registrar may extend the effectiveness of your registration so that it remains effective for a short period of time beyond the Expiration Date. During this period, your registration information as the Registered Name Holder will continue to appear in the WHOIS database.
7.2.2 After your registration is no longer effective, Postalytics, AWS or the Registrar may place the Registered Name on a lock or hold status for a short period of time so that others cannot register the Registered Name until the end of the Grace Period. During this period, you will no longer be listed as the Registered Name Holder in the WHOIS database.
7.2.3 Only the Registered Name Holder is permitted to recover an expired Registered Name during the Grace Period. During the Grace Period, you will only be permitted to renew your registration of the Registered Name through Postalytics and will not be able to transfer it to another registrar.
7.2.4 The ability of Postalytics, AWS or the Registrar to provide you with a Grace Period following expiration of any Registered Name, and the actual length of the Grace Period and other timeframes identified in this Section, is subject to the rules and requirements of the Registry Operator for the relevant TLD.
7.3 Deletion. If you disable Automatic Renewal, or if Automatic Renewal is not available for your Registered Name, or as of the Expiration Date and if you have not made valid and final payment of all applicable registration and recovery fees by the end of the Grace Period, then the Registrar is required by ICANN to delete the Registered Name no later than 45 days of the Expiration Date (and some Registry Operators may require deletions even earlier).
7.3.1 Once registration of the Registered Name is deleted, the Registered Name will be made available to the general public for registration on a first-come, first-served basis.
7.3.2 Postalytics may, in certain extenuating circumstances specifically approved by ICANN, required under a dispute policy, or mandated by a court of competent jurisdiction, renew a Registered Name without your explicit consent in order to prevent its deletion. You acknowledge and agree that your failure to respond to expiration and/or renewal notices from Postalytics or AWS is not an extenuating circumstance.
7.4 TLD-Specific Rules. The Registry Operator for an individual TLD may implement specific rules which affect your ability to register, renew, and transfer Registered Names related to that TLD. You acknowledge and agree that you will review the specific rules relating to the TLD for your Registered Name, as available from the Registrar (the Amazon Registrar policy page or the Gandi contract page ).
8. Default Setting.
8.1 Postalytics will configure the Registered Name to use default domain name server settings chosen by Postalytics in its discretion (the “Default Setting”). Postalytics may, in its discretion, use one of the following Default Settings:
8.2.1 Postalytics may use a Default Setting which does not direct the Registered Name to any web page, causing end users to receive a “server not found” message or similar message. You understand and agree that Postalytics is not obligated to direct end users to a Parking Page or other web page by default.
8.2.2 Postalytics may use a Default Setting which either directs end users to a Parking Page. You understand and agree that Postalytics has the right to direct the Registered Name to a Parking Page, and that Postalytics has sole discretion to determine the content of the Parking Page.
8.3 The “Default Setting” is that your hosted zone will be initially populated with a basic set of domain name server settings.
8.4 You agree that, in the event that the Default Setting is not acceptable to you, you are responsible for changing the Registered Name’s domain name server settings from the Default Setting. You may make changes to these settings in the Domains section of the Postalytics application.
9. Fees and Payment.
9.1 General Payment Terms
9.1.1 You agree to make all payments for the Domain Name Registration Services, according to the prices and conditions applicable at the time of the order or renewal. You acknowledge and agree that you must have provided Postalytics with valid payment information in connection with your use of the Domain Name Registration Services, and that any request to register or renew a Registered Name will not be effective unless and until payment to Postalytics is final.
9.1.2 You may make payments to Postalytics using a billing name and address separate from the names and addresses provided in the Registration Data. However, you understand and agree that control of any Registered Name is based solely on the Registration Data provided for the Registered Name Holder, and is not based on the identity of the person or entity paying for the Domain Name Registration Services.
9.1.3 You acknowledge that prices and fees for using the Domain Name Registration Services are non-refundable unless otherwise expressly noted, even if your registration of a Registered Name is suspended, terminated, or transferred prior to the Expiration Date.
9.1.4 Prices and fees for Domain Name Registration Services, including registration and renewal, are available at the pricing page. Automatic Renewals will be billed at the prices and fees applicable on the date the Automatic Renewal occurs. You agree that registration and renewal prices are subject to change at any time. Fees and charges for any new service or new feature of a service will be effective when we post update d fees and charges on the Domain Name Registration Services site, unless we expressly state otherwise in a notice.
9.1.5 Postalytics may charge an additional fee for Recovery Services used to recover a Registered Name which has expired due to your failure to renew your registration by the Expiration Date. Pricing for the use of Recovery Services is available on the pricing page.
9.2 Automatic Renewal Payment Terms. You agree that you are solely responsible for ensuring that your payment and billing information is valid and current. Postalytics is under no obligation to renew your registration to the Registered Name if your payment and billing information is not current and valid. If your payment information on file with Postalytics is not current and valid, or if Postalytics is unable to finalize a transaction on the Automatic Renewal date, your Registered Name will not be automatically renewed and it will be your responsibility to effect a Manual Renewal in order to retain control of the Registered Name.
9.3 Taxes. All fees and charges payable by you are exclusive of applicable taxes and duties, including VAT and applicable sales tax. You will provide us any information we reasonably request to determine whether we are obligated to collect VAT from you, including your VAT identification number. If you are legally entitled to an exemption from any sales, use, or similar transaction tax, you are responsible for providing us with legally-sufficient tax exemption certificates for each taxing jurisdiction. We will apply the tax exemption certificates to charges under your account occurring after the date we receive the tax exemption certificates. If any deduction or withholding is required by law, you will notify us and will pay us any additional amounts necessary to ensure that the net amount that we receive, after any deduction and withholding, equals the amount we would have received if no deduction or withholding had been required. Additionally, you will provide us with documentation showing that the withheld and deducted amounts have been paid to the relevant taxing authority.
10. Agreement Term and Termination.
10.1 Term. The term of this Agreement will commence on the Effective Date and will remain in effect so long as you continue to have a Registered Name registered through Postalytics or maintain an account for using the Domain Name Registration Services, unless terminated by you or by Postalytics in accordance with Section 10.2.
10.2 Termination By Either Party. Either party may terminate this Agreement for cause upon 30 days advance notice to the other party if there is any material default or breach of this Agreement by the other party, unless the defaulting party has cured the material default or breach within the 30 day notice period.
10.3 Termination by You. You may terminate this Agreement for any reason by (a) providing us notice and (b) successfully deleting, assigning, or transferring to another registrar the registration of all Registered Names you currently have registered using the Domain Name Registration Services.
10.3.1 You cannot transfer the Registered Name to another registrar under certain circumstances, including (A) within the first 60 days following your registration of the Registered Name for some TLDs, (B) in the event of a dispute regarding the Registered Name or its use, (C) in the event that you are not current with all payments due to Postalytics, or (D) in the case that your registration of a Registered Name has already expired.
10.3.2 Postalytics will not deny your request to transfer a Registered Name to another registrar so long as you are current with all payments due to Postalytics, except that Postalytics may deny your request for one of the reasons listed in Section 10.3.1.
10.3.3 You cannot delete your Registered Name under certain circumstances, including in the event of a dispute regarding the Registered Name or its use. Depending on the type of TLD you request to delete, the Registry Operator may impose restrictions and / or hold the TLD before releasing it for others to register. Deletion of your Registered Name will not entitle you to any refund.
10.4 Termination by Postalytics. Postalytics may terminate this Agreement for any reason by providing you 30 days advance notice. Postalytics may terminate this Agreement immediately upon notice to you (A) for cause, if any other agreement between you and Postalytics is terminated by Postalytics for cause, (B) in order to comply with ICANN agreements and consensus policies, or to maintain an affiliated entity’s compliance with ICANN agreements and consensus policies, (C) in order to comply with the law or requests of governmental entities, (D) in order to comply with the order of a court of competent jurisdiction, or (E) if we determine use of the Domain Name Registration Services by you or our provision of any of the Domain Name Registration Services to you has become impractical or unfeasible for any legal or regulatory reason.
10.5 Updates During the Term. You acknowledge and agree that your continuing use of the Domain Name Registration Services will constitute your acceptance of any additional or updated terms and conditions which become effective after you have accepted this Agreement and registered the Registered Name. You agree that even if you register a Registered Name for an extended duration, or continue renewing your use of the Domain Name Registration Services through Automatic Renewal, you are responsible for monitoring and ensuring your compliance with any updated terms and conditions for your use of the Domain Name Registration Services.
10.6 Survival of Certain Obligations. Your obligations related to your use of the Domain Name Registration Services, such as your agreement to indemnify Postalytics or certain other parties in relation to your use of the Domain Name Registration Services and the Registered Names, will survive the termination of this Agreement.
11.1 To You. We may provide any notice to you under this Agreement by: (a) posting a notice in the Postalytics application; or (b) sending a message to the email address then associated with your account. Notices we provide by posting on the Postalytics Site will be effective upon posting and notices we provide by email will be effective when we send the email. It is your responsibility to keep your email address current. You will be deemed to have received any email sent to the email address then associated with your account when we send the email, whether or not you actually receive the email.
11.2 To Us. To give us notice under this Agreement, you must contact Postalytics as follows: (a) by email to support@Postalytics.com; or (b) by personal delivery, overnight courier or registered or certified mail to Postalytics, Inc., 55 Accord Park Drive, Rockland, MA 02370, Attn: General Counsel. We may update the email or physical address for notices to us by posting a notice in the Postalytics application or on the Postalytics website. Notices provided by personal delivery will be effective immediately. Notices provided by email or overnight courier will be effective one business day after they are sent. Notices provided registered or certified mail will be effective three business days after they are sent.
11.3 Language. All communications and notices to be made or given pursuant to this Agreement must be in the English language.
12.1 Publicity. You will not issue any press release or make any other public communication with respect to this Agreement or your use of the Domain Name Registration Services. You will not misrepresent or embellish the relationship between us and you (including by expressing or implying that we support, sponsor, endorse, or contribute to you or your business endeavors), or express or imply any relationship or affiliation between us and you or any other person or entity except as expressly permitted by this Agreement.
12.2 Force Majeure. We and our affiliates will not be liable for any delay or failure to perform any obligation under this Agreement where the delay or failure results from any cause beyond our reasonable control, including acts of God, labor disputes or other industrial disturbances, systemic electrical, telecommunications, or other utility failures, earthquake, storms or other elements of nature, blockages, embargoes, riots, acts or orders of government, acts of terrorism, or war.
12.3 Independent Contractors; Non-Exclusive Rights. We and you are independent contractors, and neither party, nor any of their respective affiliates, is an agent of the other for any purpose or has the authority to bind the other. Both parties reserve the right (a) to develop or have developed for it products, services, concepts, systems, or techniques that are similar to or compete with the products, services, concepts, systems, or techniques developed or contemplated by the other party and (b) to assist third party developers or systems integrators who may offer products or services which compete with the other party’s products or services.
12.4 No Third Party Beneficiaries. This Agreement does not create any third party beneficiary rights in any individual or entity that is not a party to this Agreement.
12.5 Assignment. You will not assign this Agreement, or delegate or sublicense any of your rights under this Agreement, without our prior written consent. Any assignment or transfer in violation of this Section 12.5 will be void. Subject to the foregoing, this Agreement will be binding upon, and inure to the benefit of the parties and their respective successors and assigns.
12.6 No Waivers. The failure by us to enforce any provision of this Agreement will not constitute a present or future waiver of such provision nor limit our right to enforce such provision at a later time. All waivers by us must be in writing to be effective.
12.7 Severability. If any portion of this Agreement is held to be invalid or unenforceable, the remaining portions of this Agreement will remain in full force and effect. Any invalid or unenforceable portions will be interpreted to effect and intent of the original portion. If such construction is not possible, the invalid or unenforceable portion will be severed from this Agreement but the rest of the Agreement will remain in full force and effect.
12.8 Governing Law; Venue. The laws of the Commonwealth of Massachusetts, without reference to conflict of law rules, govern this Agreement and any dispute of any sort that might arise between you and us. Any dispute between you and us relating in any way to the Domain Name Registration Services or this Agreement where you seek aggregate relief of $7,500 or more will be adjudicated in any state or federal court in Plymouth County, Massachusetts. Except as provided in Section 6.5, you consent to exclusive jurisdiction and venue in those courts. We may seek injunctive or other relief in any state, federal, or national court of competent jurisdiction for any actual or alleged infringement of our, our affiliates, or any third party’s intellectual property or other proprietary rights. The United Nations Convention for the International Sale of Goods does not apply to this Agreement.
12.9 Entire Agreement; English Language. This Agreement is the entire agreement between you and us regarding the subject matter of this Agreement. This Agreement supersedes all prior or contemporaneous representations, understandings, agreements, or communications between you and us, whether written or verbal, regarding the subject matter of this Agreement. Notwithstanding any other agreement between you and us, the security and data privacy provisions in Section 3 of this Agreement contain our and our affiliates’ entire obligation regarding the security, privacy and confidentiality of your DNRS Data. We will not be bound by, and specifically object to, any term, condition or other provision which is different from or in addition to the provisions of this Agreement (whether or not it would materially alter this Agreement) and which is submitted by you in any order, receipt, acceptance, confirmation, correspondence or other document. If we provide a translation of the English language version of this Agreement, the English language version of the Agreement will control if there is any conflict.
12.10 Representations and Warranties. EXCEPT AS EXPRESSLY STATED IN THIS AGREEMENT, ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU “AS IS.” EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WITHOUT ANY LIMITATION TO THE FOREGOING, AMAZON REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
12.11 Limitation of Liability. WE AND OUR AFFILIATES OR LICENSORS WILL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES (INCLUDING DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, OR DATA), EVEN IF A PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. FURTHER, NEITHER WE NOR ANY OF OUR AFFILIATES OR LICENSORS WILL BE RESPONSIBLE FOR ANY COMPENSATION, REIMBURSEMENT, OR DAMAGES ARISING IN CONNECTION WITH: (A) YOUR INABILITY TO USE THE DOMAIN NAME REGISTRATION SERVICES, INCLUDING AS A RESULT OF ANY (1) TERMINATION OR SUSPENSION OF THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS, (2) OUR DISCONTINUATION OF ANY OR ALL OF THE SERVICE OFFERINGS, OR, (3) ANY UNANTICIPATED OR UNSCHEDULED DOWNTIME OF ALL OR A PORTION OF THE SERVICES FOR ANY REASON, INCLUDING AS A RESULT OF POWER OUTAGES, SYSTEM FAILURES OR OTHER INTERRUPTIONS; (B) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES; (C) ANY INVESTMENTS, EXPENDITURES, OR COMMITMENTS BY YOU IN CONNECTION WITH THIS AGREEMENT OR YOUR USE OF OR ACCESS TO THE SERVICE OFFERINGS; (D) ANY UNAUTHORIZED ACCESS TO, ALTERATION OF, OR THE DELETION, DESTRUCTION, DAMAGE, LOSS OR FAILURE TO STORE ANY OF YOUR CONTENT OR OTHER DATA; (E) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR RENEWAL, THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO AMAZON REGISTRAR OR OTHER SERVICE APPLICATION; OR (F) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. IN ANY CASE, OUR AND OUR AFFILIATES’ AND LICENSORS’ AGGREGATE LIABILITY UNDER THIS AGREEMENT WILL BE LIMITED TO THE AMOUNT YOU ACTUALLY PAY US UNDER THIS AGREEMENT FOR THE SERVICE THAT GAVE RISE TO THE CLAIM DURING THE 12 MONTHS PRECEDING THE CLAIM.
13.1 “ccTLD” means a country code Top Level Domain; for example, “.us” (United States) and “.uk” (United Kingdom).
13.2 “Domain Name Registration Services” means domain registration, renewal, and recovery services, and any related services provided by Postalytics and which are offered to you pursuant to the terms of this Agreement.
13.3 “Expiration Date” means the date or range of dates provided to you by Postalytics on which the registration of one or more of your Registered Names is scheduled to expire.
13.4 “gTLD” means a top-level domain of the DNS delegated by ICANN pursuant to a registry agreement that is in full force and effect, other than any ccTLD or internationalized domain name (IDN) country code TLD; for example, “.com” and “.org”.
13.5 “ICANN” means the Internet Corporation for Assigned Names and Numbers.
13.6 “Parking Page” means a web page hosted by Postalytics indicating that the Registered Name is registered but has not been configured to direct end users to a specific website.
13.7 “Private Domain Registration” means the registration of a Registered Name in a manner which avoids the publication of certain Registration Data about the Registered Name Holder by providing alternate contact information such as a forwarded address.
13.8 “Proxy Registration Service” means the registration of a Registered Name via a third-party service which registers a Registered Name on the registrant’s behalf and is identified as the Registered Name Holder in place of the registrant.
13.9 “Registered Name” means a domain name that is either (a) registered using the Domain Name Registration Services or (b) already registered by you and transferred to Postalytics using the Domain Name Registration Services.
13.10 “Registrar” means an ICANN-accredited registrar that sponsors the registration of Registered Names by placing a record associated with that registration into the Registry Operator of the relevant TLD.
13.11 “Registry Operator” is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific gTLD.
13.12 “Specification or Policy” means the Consensus Policies, Specifications (such as the Whois Accuracy Program Specification) referenced in the ICANN Registrar Accreditation Agreement , and any amendments, policies, procedures, or programs specifically contemplated by the ICANN Registrar Accreditation Agreement or authorized by ICANN’s Bylaws.
13.13 “Top Level Domain” or “TLD” means the name at the top of the domain name hierarchy; for example, “.com”, “.org”, “.us”, and “.uk”.
13.14 “WHOIS” means the public query-based access database of Registered Names and their Registered Name Holders maintained by the Registry Operator for the gTLD or ccTLD, the Registrar, and Postalytics.