Domain Names Terms and Conditions
These Domains Service Terms and Conditions ("Domains Terms") are provided to you, the user, together with any company or other business entity you are representing, if any (collectively, "You") under the terms and conditions of the Merchant User Agreement between You and the ProStores Inc. ("ProStores").
The domain name services offered under these Domain Terms is an "Additional Service" as provided under Sections 2.5 ("Additional Features") and 3.2 ("Domain Name Registrations") of the Merchant User Agreement.
You agree to be bound by these Domain Terms, any amendments to these Domain Terms or to such terms and conditions as are incorporated herein by reference. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the ProStores Site.
1. Domain Registration Services
1.1 Domain Name Services.
Domain name services provided by ProStores to You includes assisting You in acquiring or moving a domain name You specify, including without limitation, providing access to certain software to facilitate said actions (together, the "Domain Service").
1.2 New Domain Name Registrations.
The following terms apply to new domain name registrations using the Domain Service.
(a) You acknowledge and agree that ProStores cannot guarantee the availability of the domain name You selected for Your use until ProStores receives confirmation from DomainPeople (defined below). This confirmation may, in some instances, take several business days.
(b) ProStores utilizes a third party service provider, DomainPeople, Inc. (“DomainPeople”) to provide domain name registration services. You hereby authorize ProStores to acquire Your selected domain name(s) through DomainPeople or such other third party service provider as ProStores deems necessary or appropriate. In order to register for and/or transfer a domain name, You must agree to DomainPeople's terms and conditions located at https://www.domainpeople.com/terms-ca.html, as amended. You understand and agree that You are entering into and agreeing to a separate contractual relationship between You and DomainPeople in addition to these Domain Terms. In order to provide an enhanced customer experience and as a convenience to You, ProStores will pay on Your behalf the domain registration/renewal fees as part of the Domain Service; provided that (i) these Domain Terms have not been cancelled or otherwise terminated (ii) You have paid any amounts due under these Domain Terms, and (iii) You are not in breach of the Merchant User Agreement or these Domain Terms and that DomainPeople agrees to and accepts Your registration/renewal fees. Notwithstanding the immediately forgoing sentence, You expressly acknowledge and agree that You shall be responsible for all fees, liability and obligations in connection with Your relationship with DomainPeople.
(c) You authorize ProStores and/or DomainPeople to list itself as billing contact, technical contact and name server in connection with Your domain name and to take any actions ProStores deems necessary or appropriate in connection with such listing. Upon termination of Domain Services, ProStores may immediately cease acting in such capacities and reserves the right to transfer Your account to DomainPeople to serve as billing, technical and name server contact in connection with Your domain name. You further authorize ProStores to list You as the registrant contact and administrative contacts in connection with Your domain name. You may also specify another registrant and administrative contact, however, such person(s) must also enter into a separate agreement with DomainPeople for domain registration services. Upon termination of Domain Services, ProStores will not be responsible for forwarding any notices (email or otherwise) to You or for taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing ProStores from any registry information in connection with Your domain name.
1.3 Previously Purchased Domain Names.
The following terms apply to previously registered domain names You would like to use with the Service.
(a) In order to use Domain names previously purchased from another provider with ProStores' hosting services, You must request that the existing registrar change the name serves for the domain name in accordance with the ProStores instructions provided to You by email.
(b) The registrar will continue to be the registrar of record for the previously purchased domain name and You will continue to be responsible to the registrar for all ongoing fees associated with the domain name.
1.4 Automatic Renewals.
If You purchased a new domain name registration using ProStores' Domain Service, ProStores will automatically renew and bill You for the domain name registration in accordance with Section 2 (Fees) below and the Fees Policy. Each new domain registered through ProStores will be renewed prior to each annual anniversary (with multi-year domains renewed prior to the expiration of the last year and for a period of equal length). Failure to remit Fees in accordance with Section 2 and the Fees Policy, may risk the non-renewal of Your domain name. Your domain name will be renewed with the registrar only after the annual or multi-year domain registration fee is successfully charged to Your credit card or payment transmitter in a timely manner.
1.5 Registrar of Record.
From time to time, ProStores may request that You transfer Your domain name to a new registrar of record. This may be requested for domain names where ProStores is acting as the billing contact and is done in order to facilitate the ProStores' provision of automatic renewal services. In the event that You fail to do so in a timely manner and in any event within thirty (30) days (i) ProStores may elect (via email or other written notice) to cease providing domain name renewal services to You in which case You shall be responsible for payment of domain name fees, (ii) ProStores may, in its sole discretion, provide renewal services to You at an additional cost and expense, and (iii) You expressly acknowledge and agree that You shall indemnity and hold harmless ProStores and its service providers from the loss of any domain name.
2. Fees.
Fees applicable to the Domain Services are set out in the Fees Policy available at www.ProStores.com/FeesPolicy. All Fees will be automatically be charged to Your account in accordance with the Fees Policy. Fees will be charged yearly and in advance (with multi-year domains renewed prior to the expiration of the last year and for a period of equal length). If You purchased e-Mail services in connection with Your domain name, applicable fees are charged monthly. ProStores may alter its fees, but will provide notice via email. ProStores will automatically bill Your credit card or payment transmitter through Your ProStores account for fees until You cancel Your Domain Service via the administrative module. All payments for the Service are non-refundable and may not be credited back.
3. Verification of Information.
You are solely responsible for maintaining all information relating to Your domain names up to date with the registrar of record. Further, in accordance with the ICANN regulation, the terms and conditions of the registrar of records and in order to maintain a safe ecommerce presence, ProStores may from time to time request that You verify any information to be supplied a registrant for a domain name. In the event that You fail to respond to any such request or fail to verify any such information within 15 days of request, ProStores may, in its sole and absolute discretion, immediately terminate Your Domain Services. This remedy is in addition to any other remedies available under law or the Agreement.
4. Disclaimer of Warranty, Indemnification and Limitation of Liability.
In addition to the provisions in the Agreement, You agree to the following:
(a) Disclaimer of Warranty. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE DOMAIN SERVICES AND ANY ADDITIONAL SOFTWARE, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE ADDITIONAL SOFTWARE, OR DOMAIN SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 4(A) IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.
(b) Limitation of Liability. IN NO EVENT SHALL PROSTORES, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ADDITIONAL SOFTWARE, THE DOMAIN SERVICES OR THESE DOMAIN TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). PROSTORES', ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PROSTORES FOR THE DOMAIN SERVICES IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100). Some States do not allow the exclusion or limitation of incidental or consequential damages, so the above limitation or exclusion may not apply to You.
(c) Indemnification. You agree to indemnify and hold ProStores, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) Your use of the Domain Service, (b) any breach of these Domain Terms or the documents it incorporates by reference, or (c) any violation by You or users of services You offer through Your domain name, of any laws, regulations or rights of others. ProStores', its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by ProStores.
5. Term and Termination
(a) You may terminate the Domain Service at any time through the administrative module for Your account. No refunds or credits of initial or renewal fees will be issued in the event that You terminate Your Domain Service. Also, please note that terminating Your Domain Services does not terminate other services You may be purchasing from ProStores; You may be required to take additional actions to terminate Your hosting and other services with ProStores.
(b) Pursuant to ICANN regulations, Your domain name may not be transferred to another registrar within the first 60 days after Your domain name is registered.
(c) ProStores may, but has no duty to, immediately suspend or terminate Your use of the Domain Service and remove any of Your materials (including without limitation Your domain name) from the ProStores servers in the event that ProStores, in its sole discretion, concludes that You have engaged in illegal activities, in activities or sales that may damage the rights of ProStores or others, or have violated or threatened to violate these Domain Terms, the terms of the Agreement or any other agreement You may have with ProStores. Any suspension or termination under this paragraph may take effect immediately. In the event that ProStores terminates Your Domain Service in connection with this paragraph, You will not be entitled to a refund or credit of any fees You have paid. Without limitation, You expressly acknowledge and agree that in addition to this Section 5, the terms and conditions in Section 12 (Suspension and Termination) of the Merchant User Agreement also apply to Your use of the Domain Services.