usTLD Legal Notice
Last Updated: August 3, 2020
PLEASE READ THIS REGISTRY LEGAL NOTICE CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
The terms “we”, “us” or “our” shall refer to Registry Services. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Intellectual Property Rights. All content, unless otherwise indicated, is protected by law including, but not limited to, United States copyright, trade secret, and trademark law, as well as other state, national, and international laws and regulations. Registry Services does not grant any express or implied rights to the user under any patent, copyright, trademark, or trade secret information. The content from this Site may not be reproduced or transmitted in any form or by any means, electronic or mechanical, including facsimile transmission, photocopying, recording, or use of information storage or retrieval systems, without express written permission from the copyright owner. Accordingly, any unauthorized use of the Site or the content may violate copyright laws, trademark laws, trade secret laws, or laws relating to privacy and publicity.
Except for Visitor Content, the content on 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 (“Registry Services Content”), are owned by or licensed to Registry Services 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. Registry Services 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 Registry Services. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Registry Services reserves all rights not expressly granted in and to the Registry Services Content, this Site, and this Agreement do not transfer ownership of any of these rights.
General Rules of Conduct. You acknowledge and agree that:
- Your use of this Site, including any content you submit, will comply with this Agreement, any applicable services agreement or policy that may apply and all applicable local, state, national and international laws, rules and regulations.
- Your use of this Site and the Services are subject to applicable policies set forth on the usTLD site at: https://www.about.us/policies.
- You are and shall remain solely responsible for the content of any materials, including creative suggestions, ideas, notes, drawings, photographs, concepts or other information or communications, including any data, questions, comments, suggestions, or the like (collectively the “Visitor Content”) you transmit to Registry Services via electronic mail or otherwise.
- You will not collect or harvest (or permit anyone else to collect or harvest) any Visitor 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.
- You will not use this Site in a manner (as determined by Registry Services in its sole and absolute discretion) that:
- 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;
- 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 Registry Services or Registry Services’ Services.
- You will not copy or distribute in any medium any part of this Site or the Services, except where expressly authorized by Registry Services.
- You will not modify or alter any part of this Site or the Services found at this Site or any of its related technologies.
- You will not to circumvent, disable or otherwise interfere with the security-related features of this Site (including without limitation those features that prevent or restrict use or copying of any Registry Services Content or Visitor Content) or enforce limitations on the use of this Site, the Registry Services Content or the Visitor Content therein.
- You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
- Without limiting any of the rights set forth elsewhere in this Agreement, Registry Services expressly reserves the right to deny, cancel, terminate, suspend, or limit future access to this Site (including but not limited to the right to cancel or transfer any domain name registration) to any user (i) whose Services were previously terminated or suspended, whether due to breach of this or any other Agreement or any Registry Services policy, or (ii) who otherwise engages or has engaged in inappropriate or unlawful activity while utilizing the Site (as determined by Registry Services in its sole and absolute discretion).
User Responsibility. The user assumes all responsibility for use of the Registry Services Site. The user waives all claims against Registry Services and its affiliates, as well as their respective officers, directors, employees, suppliers, and agents that may arise from the use of the Registry Services Site.
Availability of Websites/Services. Subject to the terms and conditions of this Agreement and our other policies and procedures, we shall use commercially reasonable efforts to attempt to provide this Site on a twenty-four (24) hours a day, seven (7) days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions; periodic maintenance, repairs or replacements that we undertake from time to time; or causes beyond our reasonable control or that are not reasonably foreseeable including, but not limited to, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of this Site on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard thereto.
Links to Third-Party Websites or Content. This Site may contain links to third-party websites that are not owned or controlled by Registry Services. Registry Services assumes no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Registry Services does not censor or edit the content of any third-party websites. By using this Site, you expressly release Registry Services from any and all liability arising from your use of any third-party website. Accordingly, Registry Services encourages you to be aware when you leave this Site and to review the terms and conditions, privacy policies, and other governing documents of each other website that you may visit. Registry Services has used reasonable efforts to verify that the URLs referring to external Sites are correct as of the last revision of the Registry Services Site.
Monitoring of Content; Termination Policy. Registry Services generally does not pre-screen Visitor Content. However, Registry Services reserves the right (but undertakes no duty) to do so and decide whether any item of Visitor Content is appropriate and/or complies with this Agreement. Registry Services may remove any item Visitor Content and/or terminate a User’s access to this Site for posting or publishing any material in violation of this Agreement, or for otherwise violating this Agreement (as determined by Registry Services in its sole and absolute discretion), at any time and without prior notice. Registry Services may also terminate a User’s access to this Site if Registry Services has reason to believe the User is a repeat offender. If Registry Services terminates your access to this Site, Registry Services may, in its sole and absolute discretion, remove and destroy any data and files stored by you on its servers.
Disclaimer of Representations and Warranties. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE SHALL BE AT YOUR OWN RISK AND THAT THIS SITE IS PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. REGISTRY SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS 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. REGISTRY SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, AND/OR (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND REGISTRY SERVICES 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 REGISTRY SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS CALL CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO 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.
Indemnity. You agree to protect, defend, indemnify and hold harmless Registry Services and its officers, directors, employees, agents, and third party service providers 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 Registry Services directly or indirectly arising from (i) your use of and access to this Site; (ii) your violation of any provision of this Agreement or the policies or agreements 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.
Limitation of Liability. IN NO EVENT SHALL REGISTRY SERVICES, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, 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) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (IV) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (V) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, (VI) 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, (VII) 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 (VIII) 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 REGISTRY SERVICES IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL REGISTRY SERVICES’S TOTAL AGGREGATE LIABILITY EXCEED $100.00 U.S. DOLLARS.
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.
Compliance with Local Laws. Registry Services makes no representation or warranty that the content available on this Site is appropriate in every country or jurisdiction, and access to this Site from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site are responsible for compliance with all local laws, rules and regulations. You may not use this Site for any unlawful purpose or activity. Registry Services reserves the right to investigate complaints or reported violation of this Agreement and to take any action Registry Services deems appropriate.
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.
No Third-Party Beneficiaries. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Titles and Headings; Independent Covenants; Severability. The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. Each covenant and agreement in this Agreement shall be construed for all purposes 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.
Modifications of Agreement or Site. Registry Services may, in its sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site. You are responsible for regularly reviewing this Agreement. REGISTRY SERVICES RESERVES THE RIGHT TO MODIFY, CHANGE, OR DISCONTINUE ANY ASPECT OF THIS SITE AT ANY TIME.
English Language Controls. This Agreement, along with all policies and any applicable services agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.
Contact Information. If you have any about this Agreement, please contact us by email or regular mail at the following addresses:
14455 North Hayden Road
Scottsdale, AZ 85260