Sitey.com Terms of Service


OUR TERMS OF SERVICE WILL CHANGE EFFECTIVE JULY 1, 2017. SEE BELOW FOR THE NEW TERMS. TO VIEW THE CURRENT TERMS CLICK HERE. THE CURRENT TERMS WILL APPLY TO CUSTOMERS SIGNING UP PRIOR TO JULY 1, 2017.


Your use of Sitey services is subject to the terms and conditions set forth in these Sitey Terms of Service (“Agreement”). This Agreement explains (i) what’s allowed when using our Services; (ii) the rights you have as a user of our Services; (iii) the rights Sitey has if you do something which is not allowed when using our Services; and (iv)many other important terms. This Agreement is a legal contract between you and Sitey and it is important that you read it carefully. If there is anything you do not understand in this Agreement, please contact us.

NOTICE: this Agreement includes an alternative dispute resolution provision for disputes that may arise between users of our Services and Sitey or its corporate affiliates.  Please see Section 24(b) below which include an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

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Eligibility, Registration and Account Security

This section describes the eligibility criteria we require from all of our users. When you register to use our Services (as defined below), we need to make sure that you are able to legally contract with Sitey.  This section also explains that you are responsible for account security including all use of the Services through your User account, whether or not authorized by you.

HIPAA Disclaimer

Sitey Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”). This section describes our policy on HIPAA in more detail.

Term and Termination Policy

Sitey offers website builder plans for a fixed period of time that you select upon purchase (e.g. 1 month, 1 year, etc.).  Even though we do not want you to, we know that one day you might want to leave Sitey. The instructions to cancel or disable automatic renewal can be found here.

Auto-Renewal Terms

To ensure uninterrupted service, your Services will automatically renew on your renewal date. This section explains this process in more detail.

Refunds and 14-Day Money-Back Guarantee

This section describes Sitey’s refund policy and 14-Day Money-Back Guarantee. If you purchase a plan with a fourteen (14) day money-back guarantee and cancel during the first fourteen (14) days of your term, you may receive a full refund of all basic website builder fees paid. If your plan included a free domain name and you cancel the Services, there is a non-refundable $16 domain fee. This fee not only covers our own costs, but you are welcome to keep the domain name and transfer it or point it to elsewhere.

User’s Responsibilities

All Users are required to comply with applicable law and have certain obligations with respect to their use of Sitey Services. You are also required to cooperate with Sitey and utilize hardware and software that is compatible with the Services.  In addition, you are responsible for the security of your account and its content, as well as for maintaining a backup of your content and promptly removing any malware from your account.

Billing and Payment

Sitey offers a great range of Services to suit everyone’s needs and at prices to suit everyone’s pockets. The fees you pay are based on the plan you choose and any add-on products you purchase. All payments are taken, in advance, for the full term of your plan.

Resource Usage

Customers are required to utilize server resources in an efficient and responsible manner.  Excessive use of server CPU and memory resources by a customer can interfere with or prevent normal service performance for other customers. Additional information about our policy on CPU, Bandwidth and Disk Usage can be found here.

Governing Law and Arbitration

The governing law and jurisdiction provision as set forth in Section 27(a) shall apply to all Users.  For Users who purchased or signed up for the Services after July 1, 2017, the arbitration clause in Section 27(b) shall apply.

This Agreement is an agreement between Sitey (“us,” “we,” or “Sitey”) and you ("User" or "you" and "your").  This Agreement sets forth the general terms and conditions of your use of the products and services made available by Sitey and of the Sitey website (collectively, the "Services").  By using the Services, you agree to be bound by this Agreement.  Please read this Agreement carefully.

We may in our sole discretion change or modify this Agreement at any time.  We will post a notice of any significant changes to this Agreement on the Sitey website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date these terms were last revised.  Any changes or modifications to this Agreement shall be effective and binding on you as of the date indicated in a notice posted on this page, together with any options you may have as a current customer to accept or reject changes, where required by law or otherwise made available.  If no date is specified, your use of the Services after such changes or modifications shall constitute your acceptance of the Agreement as modified.  If you do not agree to abide by this Agreement, you are not authorized to use or access the Services and your sole remedy is to cancel your account.

  1. Policies.

    Use of the Services is also governed by the following policies and agreements, which are incorporated by reference.  By using the Services, you are also agreeing to the terms of the following policies and agreements.

    1. Privacy Policy

    2. Acceptable Use Policy

    3. Domain Registration Agreement

    4. Copyright Policy

    5. Data Request Policy

    6. Anti-Spam Policy

    Additional terms may apply to certain Services, and such additional terms will be made available to you and will be incorporated by reference with such Services.

  1. Eligibility; Registration and Account Security

    1. The Services are intended solely for users who are eighteen (18) years of age or older. Any registration by, use of or access to the Services by anyone under eighteen (18) is unauthorized and in violation of this Agreement. By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older.

    2. If you use the Services on behalf of another party, company or other organization, you represent and warrant that you are authorized to bind such party, company or organization to this Agreement and to act on behalf of such party, company or organization with respect to any actions you take in connection with the Services.

    3. You agree to (i) provide accurate, current and complete information about you and your organization (if applicable) as prompted by the registration forms ("Registration Data"); (ii) maintain the confidentiality of your password and other information related to the security of your account; (iii) maintain and promptly update the Registration Data and any other information you provide to Sitey, to keep such information accurate, current and complete; and (iv) be fully responsible for all use of your account and for any actions that take place through your account, whether or not authorized by you.

    4. You acknowledge and accept that despite the security measures Sitey takes in connection with the Services, Sitey’s system and/or User Websites (as defined below) may nonetheless become compromised, including without limitation, by hackers, Internet viruses, malware, worms or Trojan horses, or the like. Under such circumstances, Sitey may take corrective action as it deems appropriate in its sole discretion and you acknowledge and agree that Sitey shall have no liability to you for any damage or loss that you may incur due to such corrective action.

    5. Sitey does not recommend the use of the Services for hosting or storing personal or sensitive content and shall bear no responsibility or liability in the event of compromise, loss of, or damage to, any such content.

    6. You are responsible for the security of your User account, User Content and User Websites. You further acknowledge and agree that you are solely responsible for backing-up your User account, including without limitation, all User Content and User Websites.

  1. Prohibited Persons (Countries, Regions, Entities, and Individuals).

    The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”).  You may not use the Services to export or re-export, or permit the export or re-export, of software or technical data in violation of U.S. Trade Laws.  In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license.  Unless otherwise provided with explicit written permission, Sitey also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions.  The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

  1. Sitey Content.

    1. Except for User Content (as defined below), all content made available through the Services, including images made available through any website builder tools provided by Sitey (the “Licensed Images”), designs, templates, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively with the Licensed Images, "Sitey Content"), are the property of Sitey or its licensors. No Sitey Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement.  You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Sitey Content.

    2. To the extent applicable, you are granted a limited, revocable, non-sublicensable, license to use the Licensed Images solely in connection with the Sitey Services.  You are prohibited from using any Licensed Images: (i) with pornographic, defamatory, or unlawful content or in such a manner that infringes upon any third party’s trademark or intellectual property rights; (ii) as a trademark, service mark, or logo; and (iii) portraying any person depicted therein (a "Model") in a way that a reasonable person would find offensive, including but not limited to depicting a Model: (a) in connection with pornography, "adult videos", adult entertainment venues, escort services, dating services, or the like; (b) in connection with the advertisement or promotion of tobacco products; (c) as endorsing a political party, candidate, elected official, or opinion; (d) as suffering from, or medicating for, a physical or mental ailment; or (e) engaging in immoral or criminal activities.   

    3. Any use of the Sitey Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to your use of the Services and the Sitey Content granted herein.  All rights of Sitey or its licensors that are not expressly granted in this Agreement are reserved to Sitey and its licensors.

  2. User Content.

    1. You may be able to upload, store, publish, display and distribute information, text, photos, videos, emails, and other content on or through the Services (collectively, “User Content”).  User Content includes any content posted by you and users of any of your websites hosted through the Services (“User Websites”).  You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites.  By posting or distributing User Content on or through the Services, you represent and warrant to Sitey that (i) you have all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.

    2. You acknowledge and agree that Sitey may, but is not obligated to, monitor User Content and may immediately take any corrective action in Sitey’s sole discretion, including without limitation removal of all or a portion of the User Content, and suspension or termination of any and all Services without refund of any pre-paid fees.  You hereby agree that Sitey shall have no liability due to any corrective action that Sitey may take, including without limitation suspension or termination of Services.

    3. You hereby grant to Sitey, to the extent necessary to provide the Services, a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish and distribute User Content and the User Website; and (ii) make archival or back-up copies of the User Content and the User Website.  Except for the rights expressly granted above, Sitey is not acquiring any right, title or interest in or to the User Content, all of which shall remain solely with you.

  3. HIPAA Disclaimer.  

    The Services do not comply with the U.S. Health Insurance Portability and Accountability Act (“HIPAA”).  You are solely responsible for compliance with all applicable laws governing the privacy and security of personal data, including medical or other sensitive data.  You acknowledge that the Services are not appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information.  Sitey does not control or monitor the information or data you store on, or transmit through, our Services.  We specifically disclaim any representation or warranty that the Services, as offered, comply with HIPAA.  Users requiring secure storage of “Protected Health Information” as defined under HIPAA are expressly prohibited from using this Service for such purposes.  Storing and permitting access to “Protected Health Information,” is a material violation of this Agreement, and grounds for immediate account termination.  Sitey does not sign “Business Associate Agreements,” and you agree that Sitey is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA.  If you have questions about the security of your data, please contact us by phone or chat.

  1. Payment Card Industry Security Standard Disclaimer.

    Sitey complies with the Payment Card Industry Security Standard (“PCI Standard”) in connection with the collection and processing of your data and billing information.  However, you are solely responsible for the security of the data and billing information you collect on your User Website.  Sitey does not monitor User Websites for compliance and therefore we are not able to verify whether any User Website complies with the PCI Standard.

  1. User Responsibilities.

    1. You will comply with all applicable laws, rules and regulations in connection with the User Content, User Websites and use of the Services.

    2. You will be solely responsible for all activities conducted on or through a User Website, whether or not authorized by you and any transactions or interactions with end users of your User Website.  You will be solely responsible for providing end users of your User Website with any applicable terms of use and privacy policy, including any required disclosure or explanation of the features of your User Website and any goods or services offered through your User Website.

    3. You will cooperate fully with Sitey in connection with Sitey's provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for you to use the Services. Delays in the performance of your obligations under this Agreement will extend the time for Sitey's performance of its obligations that depend on your performance.

    4. You will be solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by Sitey to provide the Services, which hardware and software may be changed by Sitey from time to time in its sole discretion.

    5. You will be solely responsible for backing-up all User Content off of Sitey’s servers. This is an affirmative duty.  Sitey is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has backup products provided by Sitey.

    6. You are responsible for the security of your User account, User Content, and User Websites.  You will maintain at all times, and are responsible for, the security and confidentiality of all account credentials, including your username and password.

    7. You will use your best efforts to ensure that the User Content and User Websites are and will at all times remain free of all computer viruses, worms, Trojan horses and other malicious code.  You are required to prevent, identify, and promptly remove or disable from your User account, User Content and User Websites any code that may disrupt, disable, harm or cause the misuse of your account, Sitey Content or the Services in any way (including any malware).

  1. Third Party Websites

    The Services may contain links to other websites that are not owned or controlled by Sitey ("Third Party Sites"), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties ("Third Party Content"). Such Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by us, and we are not responsible for any Third Party Sites accessed through the Services or any Third Party Content posted on or made available through the Services, including the content, accuracy, offensiveness, opinions, reliability, security, privacy practices or other policies of the Third Party Sites or the Third Party Content.  If you decide to access the Third Party Sites or to access or use any Third Party Content, you do so at your own risk and our terms and policies do not apply. You should review the applicable terms and policies, including privacy and data gathering practices, of any site to which you navigate.

  2. Billing and Payment.

    1. Fees Due. You will pay to Sitey all fees for the Services set forth in the registration form presented to you at the time you order the Services and for all fees for subsequent Renewal Periods at the time of renewal.

    2. Price Increases. Sitey may increase the fees for the Services (i) in the manner permitted in the applicable description of the particular Services published by Sitey on the Sitey website or in a promotional offer (the “Service Description”) and (ii) at any time on or after expiration of the Initial Term by providing thirty (30) days prior written notice to you. Written notice may be in the form of (i) notices and updates provided through the User billing tool provided as part of the Services, (ii) notices and updates otherwise provided through the Services, or (iii) notifications of pricing for renewal terms. It is your sole responsibility to periodically review billing-related information provided by Sitey through the User billing tool or other methods of communications and notices sent or posted by Sitey.

    3. Taxes. The advertised fees do not include any applicable sales, use, revenue, excise or other taxes imposed by any taxing authority with respect to the Services provided hereunder.  All such taxes may be added to Sitey's invoices for the fees as separate charges to be paid by you. All fees are non-refundable when paid except as otherwise provided herein.

    4. Automatic Renewals. By purchasing the Services, you agree to allow Sitey to place your account on a recurring payment plan.  The account will automatically be re-billed according to the term length of the Services you select. For Services with term lengths of three (3) months or longer, Sitey shall provide notice of the upcoming charge to User no later than thirty (30) days prior to the payment date for each Renewal Period. This notification will be sent to the contact email address on file for the Account. Unless you disable the automatic renewal option, we will automatically renew the Services up to fifteen (15) days before your renewal date and will take payment from the payment method we have on file. Sitey may make multiple attempts to collect payment from the payment method on file if the initial attempt is not successful.

    5. Add-On Services. If you purchase certain add-on services from Sitey such as Domain Privacy, SSL certificates, or SiteLock, you may be required to apply the Service to a specific domain name to begin using the Service. Sitey is not responsible if you fail to apply an add-on to a domain name and will not provide refunds for any purchased but unused Services.

    6. Failure to Pay. If you fail to pay the fees due, we may continue to attempt to collect payment from the payment method on file, suspend, and/or terminate your Services and pursue the collection costs incurred by Sitey, including without limitation, any arbitration and legal fees and Sitey's reasonable attorneys' fees. If any check is returned for insufficient funds, Sitey may impose a minimum processing charge of $25.00 plus any applicable taxes. Accounts will not be activated or reactivated until all outstanding amounts are paid. We are not responsible for any deleted or lost User Content that results from any suspension or reactivation.

    7. Fraud. It is a violation of this Agreement to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, and/or electronic checks. We may report all such misuses and fraudulent uses (as determined by us in our sole discretion) to appropriate government and law enforcement authorities, credit reporting services, financial institutions and credit card companies.

    8. Disputes. You have ninety (90) days to dispute any charge or payment processed by Sitey. If you have a question concerning a charge you believe is incorrect, please contact us at billing@Sitey.com and we will investigate.  If you initiate a chargeback, there may be a minimum charge of $15.00 plus applicable taxes to reactivate your account and we reserve the right to suspend your account for the duration of the dispute. Accounts that have an open dispute may be disabled for security purposes

  1. Term and Termination of the Services.

    1. Term of Services. The initial term of the Services purchased by you will be for the time period set forth in the registration form presented to you when you order the Services (the "Initial Term"). Unless you cancel prior to the end of the Initial Term or as otherwise stated in a notice sent to you at least thirty (30) days prior to the expiration of your then-current term, the Services will automatically renew for successive periods of equal length as the Initial Term (each a “Renewal Period”). You acknowledge, agree, and authorize us to automatically bill the applicable fee and/or charge your credit card or other payment method on file up to fifteen (15) days prior to the end of each Renewal Period, unless you terminate or cancel the Services prior to such charge as provided in this section. The “Term” of this Agreement shall include the Initial Term and all Renewal Periods, if any.

    2. Termination Procedure. You may terminate or cancel the Services you purchased at any time during the Term by giving Sitey notice by phone or chat or online form where provided. The cancellation request is subject to verification of ownership of the account and/or domain, as determined in Sitey’s sole discretion. In the event of such cancellation, you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation subject to the terms of the fourteen (14) day money-back guarantee if applicable. After the account is canceled, all User Content will be permanently removed from the server. Please make a backup of all User Content before you contact Sitey to cancel your account.

    3. Disabling automatic renewal option. Please see below procedure for opting out of automatic renewal.

      1. Disabling automatic renewal option for basic website builder services. You may disable the automatic renewal option for your account via the Account Renewal form in the control panel. After the account is downgraded to a free domain parking account or deleted, all User Content will be permanently removed from the server. Please make a backup of all User Content before you disable autorenewal. So long as your Account remains active, other products and services on the Account such as domain names or Domain Privacy will continue to autorenew.

      2. Disabling automatic renewal option for domain names or other add-on products. You may disable the automatic renewal option for domain names via DomainCentral in the control panel. For other add-on services (such as Domain Privacy), please contact Sitey by phone or chat for assistance.

    4. Termination by Sitey. Sitey may terminate your access to the Services, in whole or in part, without notice in the event that: (i) you fail to pay any fees due hereunder to Sitey; (ii) you violate the terms and conditions of this Agreement; (iii) your conduct may harm Sitey or others, cause Sitey or others to incur liability, or disrupt Sitey’s business operations (as determined by Sitey in its sole discretion); (iv) you are abusive toward Sitey’s staff in any manner; or (v) for any other lawful reason or as otherwise specified in this Agreement. In such event, Sitey will not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination.

    5. Modification of Services. Sitey reserves the right to modify, change, or discontinue any aspect of the Services at any time.

    6. Data Deletion. Upon termination of the Services for any reason, User Content, User Websites, and other data will be deleted. You are always responsible for maintaining back-up copies of all User Content and other data. Sitey is not responsible for the loss of any User Content. Note: It is essential that Users backup files offline, even if user purchases or has products provided by Sitey.

  1. Refunds.

    1. 14 Day Money-Back Guarantee

      1. If you purchase an account with a fourteen (14) day money-back guarantee, you may receive a full refund of all basic website builder fees paid (the “Money-back Guarantee Refund”) if you cancel within the first fourteen (14) days of the Initial Term (the “Money-back Guarantee Period”). To request a Money-back Guarantee Refund, please contact our billing department at billing@Sitey.com. The Money-back Guarantee Refund shall only accrue and be due to you upon your compliance with, and subject in all respects to, the terms and conditions of this section. Money-back Guarantee Refunds only apply to basic website builder services and do not apply to domain registration fees, setup fees, or any fees for additional Services.

      2. The Money-back Guarantee Refund is valid for PayPal and credit card payments only. Due to the costs associated with processing payments made by other methods, we are not able to offer the Money-back Guarantee Refund for other payment methods. Any refunds are made at the sole discretion of Sitey.

      3. Only first-time accounts are eligible for the Money-back Guarantee Refund. For example, if you previously had an account with Sitey and you canceled your account and signed up for a new account, you will not be eligible for the Money-back Guarantee Refund on the second account. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.

    2. Domain Name Refund.

      If your plan includes a free domain name and you are entitled to a Money-Back Guarantee Refund pursuant to the terms above, our standard fee of $16.00 for the domain name (and any applicable taxes) (the “Domain Name Fee”) will be deducted from your refund if you would like to keep your domain.

  2. Sitey as Reseller or Licensor.

    Sitey is acting only as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services ("Non-Sitey Products"). Sitey shall not be responsible for any changes in the Services that cause any Non-Sitey Product to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer's defects of Non-Sitey Products either sold, licensed or provided by Sitey to you or purchased directly by you used in connection with the Services will not be deemed a breach of Sitey's obligations under this Agreement. Any rights or remedies you may have regarding the ownership, licensing, performance or compliance of any Non-Sitey Product are limited to those rights extended to you by the manufacturer of such Non-Sitey Product. You are entitled to use any Non-Sitey Product supplied by Sitey only in connection with your permitted use of the Services. You shall use your best efforts to protect and keep confidential all intellectual property provided by Sitey to you through any Non-Sitey Product and shall make no attempt to copy, alter, reverse engineer, or tamper with such intellectual property or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non-Sitey Product, or any technical data derived therefrom, in violation of any applicable United States or foreign law.

  3. Internet Protocol (IP) Address Ownership

    If Sitey assigns you an Internet Protocol ("IP") address for your use, you shall have no right to use that IP address except as permitted by Sitey in its sole discretion in connection with the Services during the Term. Sitey shall retain ownership of all IP addresses assigned to you by Sitey, and Sitey reserves the right to change or remove any and all such IP addresses in its sole discretion.

  4. Resource Usage.

    1. Shared Hosting.

      1. Acceptable Use Policy. Website builder space is intended for use in accordance with Sitey’s Acceptable Use Policy, and is limited to Web files, active e-mail and content of the hosted User Websites, not for storage (whether of media, e-mails, or other data). Website builder space further may not be used as offsite storage of electronic files, e-mail or FTP hosts. Sitey expressly reserves the right to review every user account for excessive usage of CPU, bandwidth, disk space and other resources that may be a result of your violation of this Agreement or the Acceptable Use Policy. Sitey may, in its sole discretion, terminate access to the Services, apply additional fees, or remove/delete User Content for those User accounts that are found to be in violation of Sitey policies. You hereby agree that Sitey shall have no liability due to any action that Sitey may take, including without limitation suspension or termination of Services in connection with your violation of this section.

      2. Unlimited Hosting Space. excessive MySQL files. Sitey does not set arbitrary limits on the amount of disk space a User can use for the User’s Website, nor does Sitey charge additional fees based on an increased amount of disk space used, provided User's use of the disk space complies with this Agreement (i.e. files are used for User Websites and not for storage). Accounts with a large number of files (inode count in excess of 200,000) can have an adverse affect on server performance. Similarly, accounts with an excessive number of MySQL/PostgreSQL tables (i.e., in excess of 1000 database tables) or of database size (i.e., in excess of 3GB total MySQL/PostgreSQL usage or 2GB MySQL/PostgreSQL usage in a single database) negatively affect the performance of the server. Sitey may request that a User’s number of files/inodes, database tables, or total database usage be reduced to ensure the proper performance of the Services or may terminate User’s account, with or without notice.  

      3. Unmetered File Transfer. Sitey does not set arbitrary limits on the amount of visitor traffic User Websites can receive or on the amount of content a User can upload to User Websites in any given month, nor does Sitey charge additional fees based on the increased use of bandwidth, as long as User’s use of the Services complies with this Agreement. In most cases, User Websites will be able to support as much traffic as User can legitimately acquire. However, Sitey reserves the right to limit processor time, bandwidth, processes, or memory in cases where it is necessary to prevent negatively impacting other Users.

  5. Marketing Credits.

    Some Sitey plans include free marketing credits offered by third party vendors which can be redeemed by customers located in the United States only. Additional terms and conditions apply:

    1. Full terms and conditions for Google Adwords can be found here http://www.google.com/adwords/coupons/terms.html

    2. Additional terms and conditions for Bing Ad Credits can be found here https://www.Sitey.com/product/bingadcredits.bml

  1. Parked Domain Services.

    By registering for the Services you agree that Sitey may point your domain name or DNS to one of Sitey's or Sitey's affiliates web pages as a default landing page, and that they may place advertising on your web page (the “Parked Pages”).  You shall have no right to any compensation and shall not be entitled to receive any funds related to the monetization of your Parked Pages.  If you do not wish for Sitey to display Parked Pages on your web page you can opt out of such practice.  If you have a Unix account, you can opt out of Parked Pages through your control panel.  If you have a Windows account, please contact support for instructions on opting out.     

  2. Standard and Private-Label Reseller Programs.

    1. In addition to all terms and conditions described in this Agreement, the following shall also be applicable to a User participating in the Sitey Reseller Program (collectively, the “Reseller”):

      1. Reseller shall ensure that each User signed up by Reseller complies with the terms and conditions of this Agreement.

      2. Reseller cannot make any modifications to this Agreement.  Any such alterations shall be deemed a violation of this Agreement and could result in the cancellation of Reseller’s accounts.  Sitey is not responsible for any modifications made to this Agreement by Reseller.

      3. In the event that a User signed up by a Reseller is determined to be in violation of this Agreement, Reseller shall, upon receipt of notice of the violation, take prompt action to ensure that the account in question is updated to be in full compliance with this Agreement.  In addition, Sitey, in its sole discretion, reserves the right to take action directly if Reseller fails to do so.  

      4. Sitey is not responsible for the acts or omissions of Resellers. Reseller hereby agrees to indemnify Sitey from and against any and all claims made by any User or third party arising from the Reseller's acts or omissions.

      5. Sitey reserves the right to revise its Reseller Program at any time. Changes shall take effect when posted online or on any subsequent date as may be set forth in any required notice provided by us in connection therewith.

      6. Resellers in the Wholesale Reseller Program assume all responsibility for billing and technical support for each of the Users signed up by the Reseller.

      7. The Reseller shall maintain accurate, current and complete contact information on each account and promptly update the contact information and any other information you provide to Sitey, to keep such information accurate, current and complete.

  1. Technical Support Services.

    1. Except as described otherwise in paragraph (b) below, Sitey will provide technical support via chat and phone for Sitey Services (“Technical Support Services”). You will be required to provide as much information as possible to aid our investigation into any issues or problems. By utilizing Sitey’s Technical Support Services, you grant Sitey permission to access your account, if necessary, to resolve your issue. You agree that Sitey and its agents and employees are not liable for any damage resulting from the provision of customer support.

    2. Ineligibility for Technical Support Services. Sitey will not provide Technical Support Services if (a) you are in breach of this Agreement; (b) the need for Technical Support Services is due to (i) any modification or attempted modification of the Services by you or any third party outside of Sitey’s control; or (ii) your failure or refusal to implement changes recommended by Sitey; or (c) you are abusive toward our staff in any manner.

  1. Disclaimer.

    You acknowledge and agree that any use of the Services, including any information or content obtained through the Services, is entirely at your own risk. You further acknowledge and agree that Sitey exercises no control over, and accepts no responsibility for, the content of the information passing through Sitey's host computers, network hubs and points of presence or the Internet.

  2. Limited Warranty.

    1. Sitey represents and warrants to you that the Services will be provided in compliance in all material respects with the applicable Services descriptions available on the Sitey website. Your sole and exclusive remedy, and Sitey's sole obligation, for breach of the foregoing warranty shall be for Sitey, at its option, to re-perform the defective Services at no cost to you. The foregoing warranties shall not apply to performance issues or defects in the Services (x) caused by factors outside of Sitey's reasonable control; (y) that resulted from any actions or inactions of User or any third parties, whether or not authorized by User; or (z) that resulted from your equipment or any third-party equipment not within the sole control of Sitey.

    2. THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, Sitey AND ITS AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS (COLLECTIVELY, THE “Sitey PARTIES”) DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. THE Sitey PARTIES MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE, FREE OF VIRUSES, MALWARE OR OTHER HARMFUL CODE, OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. THE Sitey PARTIES ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. NO ADVICE OR INFORMATION GIVEN BY Sitey OR Sitey’S REPRESENTATIVES INCLUDING, WITHOUT LIMITATION, SUPPORT REPRESENTATIVES, SHALL CREATE A WARRANTY. Sitey DOES NOT GUARANTEE THAT USERS WILL BE ABLE TO USE THE SERVICES AT TIMES OR LOCATIONS OF THEIR CHOOSING. Sitey DOES NOT WARRANT THAT THE SERVICES ARE COMPATIBLE WITH ANY THIRD PARTY SERVICE OR SOFTWARE, EVEN IF SUCH THIRD PARTY CLAIMS, REPRESENTS OR WARRANTS THAT SUCH SERVICE OR SOFTWARE IS COMPATIBLE WITH ANY SERVICE OR Sitey IN PARTICULAR. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

  3. Limitation of Liability.

    1. Sitey SHALL NOT BE LIABLE FOR NONPERFORMANCE OR DELAY IN PERFORMANCE CAUSED BY ANY REASON, WHETHER WITHIN OR OUTSIDE OF ITS CONTROL. IN NO EVENT WILL THE Sitey PARTIES BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL OR PUNITIVE DAMAGES, INCLUDING ANY THAT MAY RESULT FROM  UNAUTHORIZED ACCESS TO OR MISUSE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, SENSITIVE INFORMATION OR OTHER INFORMATION OR DATA STORED THEREIN, OR INCLUDING FOR ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, INCLUDING FROM INTERRUPTION OF SERVICES,, OR ANY USER CONTENT, USER WEBSITES OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, WHETHER OR NOT AUTHORIZED BY YOU, EVEN IF Sitey IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

    2. NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, Sitey'S LIABILITY TO YOU OR ANY PARTY CLAIMING THROUGH YOU FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO Sitey FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY.  THIS IS AN AGGREGATE LIMIT.  THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.

  4. Indemnification.

    You agree to indemnify, defend and hold harmless the Sitey Parties from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Sitey Parties arising out of or relating to (i) your use of the Services, (ii) any breach or violation by you of this Agreement; or (iii) any of your acts or omissions. The terms of this section shall survive any termination of this Agreement.

  5. Governing Law and Legal Action

    1. Governing Law; Jurisdiction. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon or arising from an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement. Any suit, action or proceeding concerning this Agreement must be brought in a state or federal court located in Boston, Massachusetts.  Each of the parties hereby irrevocably consents to the exclusive jurisdiction of such courts (and of the appropriate appellate courts therefrom) in any such suit, action or proceeding and irrevocably waives, to the fullest extent permitted by applicable law, any objection which it may now or hereafter have to the laying of the venue of any such suit, action or proceeding in any such court or that any such suit, action or proceeding which is brought in any such court has been brought in an inconvenient forum. Both you and Sitey hereby agree to waive all respective rights to a jury trial of any claim arising out of or relating to this Agreement.

      For all Users who signed up for or purchased Services on or after July 1, 2017, the following terms shall apply:

    2. Governing Law and Arbitration.

      This Section includes an arbitration agreement and an agreement that all claims will be brought only in an individual capacity (and not as a class action or other representative proceeding). Please read it carefully. You may opt out of the arbitration agreement by following the opt out procedure described below.

      1. Informal Process First. You agree that in the event of any dispute between you and Sitey, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these terms.

      2. Binding Arbitration. Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 24(b)(i) except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Massachusetts if your Claims qualify.

      3. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these terms as a court would.

      4. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer¬ Related Disputes. These rules can be found on the AAA website at www.adr.org.

      5. Starting an Arbitration. A party who intends to seek arbitration must first send written notice to Sitey’s Legal Department of its intent to arbitrate ("Notice"). The Notice to Sitey should be sent by any of the following means:(i) electronic mail to legal@Sitey.com; or (ii) sending the Notice by U.S. Postal Service certified mail to Sitey, Attn: Legal Department, 10 Corporate Drive, Suite 300,  Burlington, MA 01803. The Notice must (x) describe the nature and basis of the claim or dispute; and (y) set forth the specific relief sought. If we do not reach an agreement to resolve the claim within thirty (30) days after the Notice is received, you or Sitey may commence an arbitration proceeding.

      6. Format of Proceedings. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.

      7. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses.

      8. Individual Basis; Jury Trial Waiver. To the fullest extent permitted by applicable law, you and Sitey each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and Sitey each waive any right to a jury trial. You and Sitey expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator.  Further, you agree that the arbitrator may not consolidate proceedings or more than one person's claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void.  The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party's individual claim.  

      9. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.

      10. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Sitey each agree to the exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and you and Sitey each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.

      11. Opting Out. If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to legal@Sitey.com within thirty (30) days of the first of the date you access or use the Service.

      12. Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

    3. Governing Law and Jurisdiction for users in the European Union

      1. For users in the European Union, this Agreement, and any non-contractual obligations arising out of, or in relation to it, shall be governed by and construed in accordance with the laws of England and Wales subject only to any mandatory provisions of consumer law in the country in which you reside. The United Nations Convention on Contracts for the International Sale of Goods as well as any other similar law, regulation or statute in effect in any other jurisdiction shall not apply.

      2. You and Sitey irrevocably agree that the courts of the country in which you reside shall have non-exclusive jurisdiction to settle any dispute or claim (including non-contractual disputes or claims) arising out of or in connection with this Agreement or its subject matter or formation.

      3. Alternatively, you may raise the dispute with an alternative dispute resolution body via the EU Commission’s Online Dispute Resolution (ODR) Platform.

  6. Miscellaneous.

    1. Independent Contractor. Sitey and User are independent contractors and nothing contained in this Agreement places Sitey and User in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

    2. Headings. The headings herein are for convenience only and are not part of this Agreement.

    3. Entire Agreement. This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

    4. Severability. If any provision or portion of any provision of this Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions (unless otherwise specified) thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.

    5. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

    6. Assignment; Successors. You may not assign or transfer this Agreement or any of its rights or obligations hereunder, without the prior written consent of Sitey. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Sitey may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.

    7. Force Majeure. Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.

    8. Third-Party Beneficiaries. Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, you acknowledge and agree that any supplier of a third-party product or service that is identified as a third-party beneficiary in the Service description, is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against you as if it were a party to this Agreement.

    9. Government Regulations. You may not export, re-export, transfer or make available, whether directly or indirectly, any regulated item or information to anyone outside the United States (or, if you are outside of the United States, to anyone outside of your national jurisdiction) in connection with this Agreement without first complying with all export control laws and regulations which may be imposed by the United States government and any country or organization of nations within whose jurisdiction you operate or do business.

    10. Marketing. You agree that during the Term Sitey may publicly refer to you, orally and in writing, as a User of Sitey to the extent permitted by applicable law. Any other public reference to User by Sitey requires your written consent.

Last updated: June 2, 2017

Sitey Privacy Policy


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General

This section explains the purpose of this Privacy Policy and why we need it. It also explains how changes will be made to this Privacy Policy, if required.

What Data Do We Collect

We collect a range of information so that we can provide the best services to our users. This includes basic information we need to register your account, such as your name, email address and payment data, and also other information which helps us tailor the services to meet your needs. This section describes the different types of data we collect and how we collect it.

How We Use Your Data

Whether it be maintaining your account or improving your user experience, we only use your data for the purpose of providing the Services. The ways in which we use your data is listed here.

How We Disclose Your Information

From time to time, we might share your information with our affiliates and third party service providers. This section describes the circumstances where this might be necessary.

How We Communicate with You

We want to stay in touch with our users to keep them up to date on all of the latest news at Sitey, including new Services and changes to our terms or pricing. The various methods by which we can keep in touch are explored here.

How We Protect Your Data

We explain the measures we implement to keep your data secure here.

Your Options

We want to make sure you are happy with the way your data is being used. We aim to provide you with access to your information upon request and, unless we are not allowed to for legal reasons, we will make changes to data if you tell us it is wrong. Your options for controlling your data, and the way we communicate with you, are described here.

Your EU Data Protection Rights

If you are a user in the EU, please see this section for additional information about where your data is stored and transferred and how you can access your data.

Third Party Links and Services

The Services may contain links to third party websites and your use of these links may result in the collection, processing or sharing of information about you. We describe this in more detail here.

Dispute Resolution

We do our best to keep our customers satisfied and, if you have a complaint or concern about the Services you are receiving, we would like you to contact us. If Sitey cannot adequately deal with your dispute, the other options available to you are explained here.

Sitey’s Contact Information

Our contact information is set out here. We always love to hear from you!



  1. General

    1. Personal Information. This Privacy Policy applies to the personal data of users that is collected or used by The Endurance International Group, Inc. (“Endurance”), doing business as Sitey (“Sitey”) as set forth more fully below (the “Personal Information”). You should also read our Terms and Conditions, Billing Terms, Acceptable Use Policy and DMCA Policy which are incorporated herein by reference. When you use our Services, you are agreeing to our rules and policies regarding your data and you expressly consent to us collecting, processing and using and storing your Personal Information, as described below.

    2. Changes to this Privacy Policy. Sitey may modify this Privacy Policy, from time to time to reflect changes in or requirements of the law or modifications or updates to the Services made in accordance with our Terms and Conditions. Sitey will notify you if such change materially affects your rights under this Privacy Policy. Changes will not apply retrospectively and, unless the change is required immediately for legal reasons, notice of the modified terms will be provided a reasonable period prior to the changes taking effect. If you do not accept and agree to this Privacy Policy, then you must not access or use the Services (see Cancellation and Termination).

  2. What Personal Information Do We Collect

    1. Information you give us. When you sign up for a Sitey account, we keep the basic account information you give us, like your name, email address, telephone number, password and payment information. We also collect and store your Personal Information as you use the Services and each time you interact with Sitey, for example, when you update information in your control panel, communicate with us by telephone or email, order or download new Services, and complete forms on our website. We also store information about the Services you purchase, such as the activation code, date of purchase, and information relating to any support issue.

    2. Automatic Information. We may collect information about the device you access the Services from, such as the IP address or other unique device identifiers. If you access your Sitey account from a mobile device, that mobile device may also provide us with details of your location. Most mobile devices allow you to disable this functionality. Sitey uses "cookies" and other technologies to collect data that enable us to better understand and improve the usability, performance and effectiveness of our website. Cookies are files sent to your browser and stored on your computer. Sitey uses cookies to gather general information about your visits to our website, the configuration of your computer and your computer’s interaction with the Services, and stores this information in log files. Sitey uses this information to understand traffic and downloads on our website, enabling us to improve the website, provide the best online experience possible, and improve our customer service.

      We use the following types of cookies on our site:

      • Strictly necessary cookies - These cookies are essential in order to enable you to move around the website and use its features such as accessing secure areas of the website. Without these cookies, services you have asked for, like security or e-billing, cannot be provided.

      • Performance cookies - These cookies collect information about how you use the website. These cookies don’t collect information that identifies you and are only used to improve how the website works.

      • Functionality cookies - These cookies allow the website to remember choices you make, such as the configuration of your computer, to provide enhanced, more personal features.

      • Advertising cookies - These cookies are used to deliver advertisements that are more relevant to you and your interests. They are also used to limit the number of times you see an advertisement as well as help measure the effectiveness of the advertising campaign. They are placed on the website by advertisers and advertising networks, with our permission. They remember that you have visited the site and this information is shared with other organizations such as advertisers. Sitey uses analytics data and the DoubleClick cookies for advertising purposes. You may opt out of the DoubleClick cookie by visiting the Google advertising opt-out page or you may opt out of Google Analytics by visiting the Google Analytics opt-out page. Google has additional information available about their Policy for Advertising based on Interests and Location.

      • Other Technologies - We may also use other Internet technologies, such as web beacons or pixel tags and other similar technologies, to deliver or communicate with cookies and analyze your use of the Services. We also may include web beacons in e-mail messages so that we know when you have opened an email message received from Sitey.

      You may disable cookies by changing the settings on your browser. Check the help menu in your browser for further information. Remember that if you disable cookies it is likely to affect how our website works and you may not be able to access or use certain areas of our website or functionality. Unless you have adjusted your browser setting so that it will refuse cookies, our system will place cookies when you log on to our website.

    3. Personal Information regarding children. Sitey does not intentionally gather any Personal Information about individuals who are under the age of thirteen (13). If you are under thirteen (13) years of age or otherwise lack the capacity to enter into a binding contract do not use our Services. If Sitey becomes aware that it has collected Personal Information from someone under the age of thirteen (13), such information will be deleted immediately.

      The Personal Information we collect as described in this, What Personal Information Do We Collect section, is controlled by The Endurance International Group, Inc. [10 Corporate Drive, Suite 300, Burlington, MA 01803].

  3. How We Use Your Personal Information

    We use your Personal Information to provide you with the Services, administer your Sitey account, send you information about the Services (including updates and modifications), process payments, generate and review reports and data about our user base and Service usage patterns, analyze the accuracy, effectiveness, usability, or popularity of the Services, improve the content and features of the Services and allow us to personalize the content and advertising that you see on the Services. In order to do so, we may use your Personal Information to contact you through desktop alerts, SMS/Text messaging, email and live chat.

    If you wish to change the way we use your data, see Your Options below. Please be aware that if you choose not to provide us with certain Personal Information, we may not be able to make Services available to you.

  4. How We Disclose Your Personal Information

    We don’t sell or share any Personal Information with unaffiliated third parties, except as provided in this Privacy Policy. We may share your information in the following circumstances:

    1. Third Party Service Providers. a. We engage third parties to perform certain functions on our behalf. They will have access to your data to the extent needed to perform their functions, but may not use it for other purposes. We require all third parties to process your data in accordance with this Privacy Policy and as permitted by applicable data protection laws.

    2. Partners and Sponsors. Some of the Services are offered or promoted to our customers in conjunction with a partner or sponsor, or another brand or company within the Endurance corporate family. To the extent permitted by applicable law, sometimes we might share your information with other third parties to offer you other products and services that we think you may find to be of interest. If you do not wish to receive such offers, please use the unsubscribe link on the email communication you receive or contact us at support@Sitey.com.

    3. Sale of Business. If Sitey is involved in a merger, acquisition, or sale of all or a material portion of its assets, change in corporate control, or insolvency or bankruptcy proceedings, you will be notified via email or a prominent notice will be placed on the website of any such change in ownership or use of your Personal Information as well as any choices you may have regarding your Personal Information.

    4. Legal Reasons. Sitey may access, preserve and share your Personal Information with companies, organizations, governmental entities or individuals outside of Sitey if we believe, in good faith, that the law requires us to do so. This may include, but is not limited to, responding to subpoenas, court orders or other legal processes (such as law enforcement requests). Sitey may access, preserve and share customer information as necessary to: establish or exercise Sitey's legal rights or defend against any legal claim including threatened claims involving Sitey based on the anonymity of a domain name; investigate, prevent, or take action regarding suspected fraud or other illegal activities; prevent death or serious physical harm to any person; or investigate violations of Sitey's Terms of Service.

  5. How We Communicate with You

    Sitey may, from time to time, send you emails, desktop alerts or other communications, including: (1) notifications of detected problems with your Service; (2) notifications concerning the expiration of your account; (3) activity status reports; (4) service upgrade notices; (5) notices concerning new or related Services from Sitey (or other service providers as discussed in this Privacy Policy); (6) notices concerning enhancements to the Services; (7) price change notices for the Services; (8) notifications regarding suspected unlawful or inappropriate use; and (9) requests for feedback on the Services.

    If you wish to change the types of communications you receive from us or opt out of receiving any future communications, you can do so. See Your Options below.

  6. How We Protect Your Data

    1. General. Sitey has security measures in place to protect against the loss, misuse, and alteration of your data. Personal Information provided to Sitey is stored in secure facilities with access restricted to authorized personnel only. Although we make good faith efforts to store the Personal Information we collect in a secure operating environment that is not accessible to unauthorized users, we cannot guarantee complete security.

    2. Secure Payments. To provide secure credit card processing when ordering from us, orders placed on our website are processed through a payment gateway which operates under its own privacy policy. If you choose to purchase or license the Services online using a credit card, the credit card information is sent to Sitey using SSL (Secure Socket Layer) encryption, an industry-standard method for protecting data as it travels over the Internet, or a similar encryption technology that may become accepted as an industry standard, or better encryption method, in the future. To learn more about our credit card processing vendors and their respective privacy and other policies which apply when you make a payment through their services, please review the terms of their own privacy policies.

  7. Your Options

    1. Email Communications. If you wish to change the types of communications you receive from us or opt out of receiving any future communications, you may do so by modifying your profile on your control panel, by emailing your request to us at support@Sitey.com, or by clicking on the appropriate link in any Sitey email communication that you receive.

    2. Correcting Your Personal Information. You can access the Personal Information that we collect via your control panel. You can correct factual errors in your Personal Information on your control panel or by sending a request to support@Sitey.com. Please provide sufficient details regarding the error. To protect your privacy and security, we take commercially reasonable steps to verify your identity before granting access or making any corrections to your Personal Information.

  8. Your EU Data Protection Rights

    1. Location of Personal Information and Transfers. Sitey processes Personal Information on our servers in many countries around the world. We may process your Personal Information on a server located outside the country where you live. By using the Services, you freely and specifically give Sitey your consent to export your Personal Information outside of the EEA, including to the US and understand that data stored outside of the EEA may be subject to lawful requests by the courts or law enforcement authorities in the countries in which it is stored.

    2. Access Requests. You have the right to request a copy of the Personal Information we hold about you. Sitey will take commercially reasonable steps to provide you with such access and to correct, amend, or delete information that is demonstrated to be inaccurate or incomplete.

  9. Third Party Links and Services

    Sitey may provide links to other third party websites as a convenience to you (collectively, the “Third Party Websites”). Please exercise care when visiting any Third Party Websites. The Third Party Websites have separate and independent privacy policies, notices and terms of use which govern your use of such websites and their use of any information they collect, we recommend you read these policies carefully. Sitey disclaims all liability for Personal Information you provide to any Third Party Websites.

  10. Dispute Resolution

    Any questions or concerns regarding the use or disclosure of Personal Information should be directed to Sitey at the address given below. Sitey will investigate and attempt to resolve complaints and disputes regarding use and disclosure of Personal Information in accordance with the principles contained in this Privacy Policy.

    If Sitey is unable to resolve your complaint, you can escalate the issue in accordance with the dispute resolution procedure set out in the Terms and Conditions.

  11. Sitey Contact Information

    If you have any questions or comments, please contact us at support@Sitey.com or at the address listed below:

    The Endurance International Group, Inc.
    10 Corporate Drive, Suite 300
    Burlington, MA 01803

Updated and Effective as of May 16th, 2017

Sitey Acceptable Use


This Acceptable Use Policy ("AUP") governs your use of the Services and is incorporated by reference into Sitey’s Terms of Service. Unless otherwise stated, defined terms in this AUP have the meanings provided to them in the Terms of Service. Sitey may modify this AUP at any time without notice.

You shall use the Services only for lawful purposes. Transmission, storage, or display of any information, data, or material in violation of applicable laws or regulations, including without limitation the laws of the Commonwealth of Massachusetts, is prohibited. Sitey reserves the right to terminate the Services for any Customer that exposes Sitey to legal liability or threatens its ability to provide services to other customers.  You agree to indemnify and hold Sitey harmless from any claims resulting from your use of the Services.

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Prohibited Uses

You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law. Any content that, in our judgment, violates our Terms of Service, including this AUP, in any manner may be removed from our servers (or otherwise disabled), with or without notice. Examples of prohibited content and activities can be found in this section.

Zero Tolerance Spam Policy

Sitey maintains a zero tolerance policy for use of its network or services to send unsolicited bulk or commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM"). Please review this section to avoid action under our AUP.

Defamation and Objectionable Content

Sitey respects that the Internet provides a forum for free and open discussion and dissemination of information.  Accordingly, we generally do not screen, monitor or control customer content.  However, if we are made aware of content that violates the law or this AUP, we will consider the matter and take appropriate action as determined in our sole discretion balancing the merits of the complaint with the right to freedom of expression.  

Enforcement

Sitey may terminate your Services with or without notice upon any violation of this AUP.  This section describes how Sitey may enforce this AUP.

Reporting AUP Violations

If you feel you have discovered a violation of our AUP, please review this section to learn about our reporting procedures.

  1. Prohibited Uses:

    1. No Illegal or Harmful Use - You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:

      1. Disclosing private sensitive personal information about others;

      2. Distributing malware or other malicious code;

      3. Engaging in the unlawful distribution of controlled substances and drug contraband;

      4. Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;

      5. Gambling;

      6. Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);

      7. Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;

      8. Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;

      9. Hosting or linking to an anonymous proxy server;

      10. Infringing upon the Intellectual Property Rights of Others.This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify Sitey by completing the Report Member Violations form, or emailing us at compliance@Sitey.com;

      11. Money laundering;

      12. Phishing or engaging in identity theft;

      13. Selling weapons or ammunition;

    2. No Unauthorized System Access or Network Abuse - You may not use the Services to gain access into any network or system without permission. Prohibited activities include:

      1. Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;

      2. Attacking other networks (i.e. Denial of Service (DoS) attacks);

      3. Intercepting or monitoring data without permission;

      4. Running a file sharing site;

      5. Running any software that interfaces with an IRC (Internet Relay Chat) network;

      6. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of the Sitey’s website or servers for any unauthorized purpose;

    3. Don’t Hamper System Performance - Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.

    4. No Adult Content - You may not use the Services to distribute pornography or other adult-related content or offer any escort services.

    5. No Storage of Backups - Backing up personal data to a hosting account is prohibited. Our Services are designed to host your web site, not serve as a data repository. Sitey reserves the right to remove backups from your hosting account.

  1. Zero Tolerance Spam Policy

    1. You may not use the Services to send spam or bulk unsolicited messages.  Sitey maintains a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 ("SPAM").

    2. "Safe lists," purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.

    3. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.

    4. Please familiarize yourself with the CAN-SPAM Act.  Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

  1. Defamation and Objectionable Content

    1. Sitey values the freedom of expression and encourages Users to be respectful with the content they post.  As a webhost, Sitey is not a publisher of User content and is generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which Sitey may find objectionable, should be censored.  Accordingly, Sitey generally requires a court order from a court of competent jurisdiction, as determined by Sitey in its sole discretion, to take down alleged defamatory or objectionable content.  However, Sitey reserves the right to disable or remove any content to prevent harm to others or to Sitey, as determined in Sitey’s sole discretion.

  1. Enforcement

    1. Resellers.

      1. If there is a violation of this AUP by a User of a Reseller, Sitey will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.

    2. Direct customers.

      1. Your Services may be terminated with or without notice upon any violation of this AUP.

    3. If applicable, violations will be reported to the appropriate law enforcement agency.

    4. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.

    5. We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

  2. Reporting violations of this AUP.

    If you feel you have discovered a violation of our AUP please complete the Report Member Violations form, or email us at compliance@Sitey.com.

Sitey Domain Name Renewal Notification Policy


For domain registration services, email reminders are sent approximately one month prior to the domain expiration date and again approximately one week prior to the domain expiration date. If the domain is not renewed by the expiration date, an additional email notification will be sent within five days of the domain expiration date. All email reminders are sent to the registrant email address listed for the domain name.

Sitey Trademark Disputes for Domain Names


If you have a dispute regarding your trademark being used within a domain name registered through us, please refer to ICANN’s Uniform Domain-Name Dispute-Resolution Policy ("UDRP") (available here) for information about your options.

If you have a complaint about the use of your trademark on a website hosted by us, please use the Report Member Violations form available here.

Sitey Domain Registration Agreement

Quick Links

This Domain Registration Agreement ("Registration Agreement") is between Sitey, LLC, LLC ("we," "us," or "Sitey, LLC"), as the sponsoring registrar, oor acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here, and you, the person or entity registering a domain or domains through Sitey. By using Sitey’s domain registration services (the "Services"), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on the Sitey website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective the earlier of (i) the end of such 30-day period or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

Sitey is an Internet Corporation for Assigned Names and Numbers ("ICANN") accreditedregistrar and is bound by an agreement with ICANN. You acknowledge and agree that Sitey may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by ICANN and/or the applicable registry administrators ("Registry Administrators") for the top level domains ("TLD") or country code top level domains ("ccTLD").

  1. Our Services

    Your domain registration will be effective upon occurrence of all of the following:

    1. You accept all terms and conditions of this Registration Agreement, the Terms of Service, Privacy Policy and Acceptable Use Policy;

    2. Sitey accepts (in its sole discretion) your domain registration application;

    3. Sitey receives payment of the registration, renewal and reinstatement fees, as applicable; and

    4. Sitey delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

  2. Limitation of Liability

    You understand that Sitey does not control all aspects of the domain registration process. For example, once you submit a domain registration, Sitey forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. Sitey disclaims, and you agree, that Sitey is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. Sitey will not be held liable, nor refund a domain name registration due to spelling errors/typos.

  3. Multiple Domain Registrations

    Sitey, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

  4. Fees

    1. Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by Sitey, you agree to pay Sitey, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.

    2. Reservation of right to modify fees. Sitey reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice, for any reason, at its sole discretion.

    3. Credit card charge-backs for domain registrations. In the event of a charge-back to Sitey by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to Sitey, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. In Sitey's sole discretion, we may reinstate your domain registration, subject to Sitey's receipt of the registration fee and any administrative and/or chargeback fees.

    4. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive any outstanding payments. In Sitey's sole discretion, we may reinstate your services, subject to Sitey's receipt of the non-domain registration fee and any administrative and/or chargeback fees.

  5. Required Domain Registration Information

    1. Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the "Registration Information"):

      1. The domain registrant's name and postal address;

      2. The domain being requested;

      3. Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and

      4. Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and

      5. Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.

    2. Additional registration information. In addition, in accordance with ICANN policies, Sitey is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, "Additional Registration Information"):

      1. The original creation date of the domain registration;

      2. The submission date and time of the registration to us and by us to the proper registry;

      3. Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;

      4. Account records for your domain registration, including dates and amounts of all payments and refunds;

      5. The IP addresses of the primary nameserver and any secondary nameservers for the domain;

      6. The corresponding names of those nameservers;

      7. The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;

      8. The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;

      9. The expiration date of the registration; and

      10. Information regarding all other activity between you and us regarding your domain registration and related services.

    3. Use of Registration Information and Additional Registration Information. You agree and acknowledge that Sitey will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit.Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that Sitey may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.

    4. Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing Sitey's domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by Sitey concerning the accuracy of the Registration Information or to contact Sitey immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.

    5. Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.

    6. Ownership of data. You agree and acknowledge that Sitey owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that Sitey may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information Sitey generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. Sitey does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. Sitey agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.

    7. Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change to the Registered Name Holder's contact information. The Domain Name Holder's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

      In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

  6. Domain Privacy Service

    1. If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by Sitey as determined in its sole discretion (the "Private WHOIS Contact Information").

    2. Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.

    3. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Sitey may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.

    4. Notwithstanding anything to the contrary, you agree that Sitey may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Sitey to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Sitey is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, Sitey will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Sitey to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by Sitey.

    5. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.

    6. Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. General pricing information for Domain Privacy is available here. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account

    7. Sitey expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:

      1. To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;

      2. To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;

      3. To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;

      4. In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with Sitey, including, but not limited to, the Terms of Service;

      5. To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;

      6. To avoid any financial loss or legal liability (civil or criminal) on the part of Sitey, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;

      7. To prevent inappropriate activity that comes to Sitey's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

    8. Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

  7. Domain Parking

    1. Upon registration, the domain will be automatically placed on name servers provided by Sitey, and Internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. You hereby consent to and authorize Sitey's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with Sitey until you modify the name servers after the domain registration is complete, using your account manager.

    2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, Sitey may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with Sitey until you modify the name servers after the domain renewal is complete, using your account manager.

    3. The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by Sitey, in Sitey's sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. Sitey reserves the right to collect and retain all revenue obtained from such advertising and other materials.

    4. 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by Sitey to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize Sitey's placement of a default 404 error page and its associated content on your website. Sitey's 404 error page may contain advertisements and other materials selected by Sitey in Sitey's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. Sitey reserves the right to collect and retain all revenue obtained from such advertising and other materials.

    5. DNS Wildcard. In the event you utilize Sitey's DNS management services and fail to configure a wildcard DNS for your domain, Sitey may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. Sitey may point those subdomains to a web page that may contain advertisements and other materials selected by Sitey in Sitey's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

  8. Registration Renewal

    1. Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. Sitey shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.

      You may be notified at Sitey's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew. Additional information about domain renewal and expiration are available here. Current renewal and redemption fees are available here.

    2. Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, Sitey to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to Sitey, unless you notify Sitey that you do not wish to participate in Sitey's automatic renewal process. Sitey must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, Sitey will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with Sitey, at Sitey's then current rates. You are solely responsible for the credit card or other payment information you provide to Sitey and must promptly inform Sitey of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and Sitey shall not be liable for your failure.

    3. Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").

    4. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, Sitey at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

  9. Domain Dispute Resolution Policy

    You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold Sitey harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain ("SLD") name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension ("URS") and to submit to any proceedings commenced pursuant to the URS, if applicable.

  10. Change of Registrant Of Domains

    1. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

      We are required to deny a change of registrant for any of the following reasons:

      1. the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;

      2. the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or

      3. the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:

        1. Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);

        2. Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);

        3. Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or

        4. a court order.

          Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.

          Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.

      4. Designated Agent. You hereby explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).

      5. Transfer of registration to another registrant. The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, Sitey reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by Sitey in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying Sitey the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.

      6. When changing the name of registrant within Sitey, you agree that at Sitey's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at Sitey's discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by Sitey in its sole discretion.

      7. Transfer of registration to or from another registrar. When transferring a domain name into Sitey as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by Sitey in its sole discretion. At the time of transfer into Sitey, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. Sitey may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.

      8. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Sitey. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to Sitey for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Sitey to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

        For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

      9. Transfer Lock. You agree that Sitey may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). Sitey does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. Sitey will NOT be liable for any inconvenience this may cause you to properly transfer your domain. You are solely responsible for a failure to transfer the domain. Sitey shall not be liable for your failure.

  11. Agents and Licensing

    You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at Sitey's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

  12. Representations and Warranties

    In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Registration Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

  13. Indemnification

    1. Indemnification of Sitey. You will indemnify, hold harmless, and defend Sitey and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of Sitey's policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. Sitey may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. Sitey will provide you with reasonably prompt notice of any Claim.

    2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

    3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

  14. Warranty Disclaimer; Limitation of Liability

    1. Disclaimer of warranty. Sitey MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, Sitey MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.

    2. Limitation of liability. YOU AGREE THAT Sitey AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND Sitey's OR ANY OF SUCH INDEMNIFIED PARTIES' REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. Sitey AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR 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 Sitey OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Sitey's OR ANY OF SUCH INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

  15. Term and Termination

    1. Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, "Termination"). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.

    2. Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by Sitey, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, determined in Sitey's discretion, Sitey has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that Sitey shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time asSitey receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.

    3. Termination. Sitey reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by Sitey; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by Sitey in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.

    4. Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.

  16. Additional Terms

    1. Personal Data. Siteyincorporates its Privacy Policy by reference. Please read our Privacy Policy by CLICKING HERE. In addition, you hereby represent thatyou have provided Sitey's Privacy Policy to any person whose personal data you disclose to Siteyand that you have obtained their consent to the foregoing.

    2. Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the laws of the State of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Registration Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state court located in Middlesex County, Massachusetts or a federal court located in Suffolk County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.

    3. Notices. You agree that any notices required to be given under this Registration Agreement by Sitey to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

    4. Relationship. Sitey and you are independent contractors and nothing contained in this Registration Agreement places Sitey and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.

    5. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.

    6. Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.

    7. Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of Sitey and/or without using the Sitey domain transfer process in compliance with ICANN's policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Sitey may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that Sitey may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.

    8. Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, " Sitey Content"), are the proprietary property of Sitey. No Sitey Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Sitey Content. Any use of the Sitey Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Sitey Content granted herein. All rights of Sitey or its licensors that are not expressly granted in this Registration Agreement are reserved to Sitey and its licensors.

    9. Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and Sitey, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

APPENDIX 1.

ADDITIONAL REGISTRY REQUIREMENTS

Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.

  1. Should you seek to register a gTLD from the Afilias Limited registry, or an Afilias subsidiary registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias Limited registry, and all Afilias subsidiary registry domain registrations. A non-exhaustive list of Registry TLDs may be found here.

    1. You understand and agree to comply with all ICANN standards, policies, procedures and practices.

    2. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.

    3. You agree to be bound by the operational standards, policies, procedures and practices for the Afilias Limited registry, or any Afilias subsidiary registry (the "Registry") as established by the Registry (available here), including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.

    4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

  2. .BIZ. Should you seek to register a .BIZ second level domain, you must agree to be bound by the following terms:

    1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

      1. To exchange goods, services, or property of any kind;

      2. In the ordinary course of trade or business; or

      3. To facilitate:

        1. the exchange of goods, services, information, or property of any kind; or

        2. the ordinary course of trade or business.

      Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.

    2. BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:

      1. The registered domain will be used primarily for bona fide business or commercial purposes and not:

        1. exclusively for personal use; or

        2. solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.

      2. The domain registrant has the authority to enter into the registration agreement; and

      3. The registered domain is reasonably related to the registrant's business or intended commercial purpose at the time of registration.

    3. PROVISION OF REGISTRATION DATA.

      1. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:

        1. your full name, postal address, e mail address, voice telephone number, and fax number if available;

        2. the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;

        3. the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain;

        4. the corresponding names of those nameservers;

        5. the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain;

        6. the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain;

        7. the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain; and

        8. any remark concerning the registered domain that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Registration Agreement.

      2. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(s) registered by or through you or your account, shall constitute a breach of this Registration Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain(s) and for the purposes of this Registration Agreement and as required or permitted by the ICANN Registration Agreement or any ICANN/Registry Policy.

      3. DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Registration Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement:

        1. The Uniform Domain Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.

        2. The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and

        3. The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.

          The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.

      4. DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Registration Agreement. We will not refund any fees paid by you if you terminate your Registration Agreement with us.

      5. DOMAIN DISPUTES. You agree that, if your use of our domain registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain record until:

        1. we are directed to do so by the judicial or administrative body; or

        2. we receive notification by you and the other party contesting your registration and use of our domain registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.

      6. RESERVATION OF RIGHTS. Sitey and the .biz Registry Operator, NeuLevel expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Sitey and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. Sitey and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.

  3. .NAME. Should you seek to register a .NAME second level domain, you must agree to be bound by the following terms:

    1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.

    2. Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that:

      1. every Defensive Registration is subject to challenge pursuant to the ERDRP;

      2. if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;

      3. if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and

      4. if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.

    3. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:

      1. the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an "SLD Email Address"), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or

      2. any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

  4. .MOBI - Should you seek to register a .MOBI second level domain, you must agree to be bound by the following terms:

    1. Provide current, accurate and complete information in connection with the registration of the Domain Name and its creation, launch, and operation of the website, including but not limited to information required for the purposes of the WHOIS record.

    2. Indemnify to the maximum extent permitted by law, defend and hold harmless the .MOBI Registry Operator, and its 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 relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;

    3. Indemnify, defend and hold harmless .MOBI Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;

    4. Acknowledge and agree that notwithstanding anything in this Registration Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Sitey being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Registration Agreement.

    5. Comply with ICANN requirements, standards, policies, procedures, and practices for which the .MOBI Registry Operator has monitoring responsibility in accordance with the Registry Registration Agreement or other arrangement with ICANN;

    6. Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the .MOBI Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or domain registrants, and consistent with the Registry Registration Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;

    7. Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by dotmobi, the .MOBI Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract and with relevant mandatory local data protection, laws and privacy;

    8. Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");

    9. Immediately correct and update the registration information for the registered .MOBI Name during the registration term for the .MOBI Registered Name;

    10. Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:

      1. the ability or inability of a registrant to obtain a Registered Name during these periods, and

      2. the results of any dispute made during the limited industry launch or over a Sunrise Registration.

    11. Acknowledge and agree that the .MOBI Registry and .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion:

      1. to protect the integrity and stability of the registry;

      2. to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;

      3. to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;

      4. for violations of the terms and conditions herein; or

      5. to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.

    12. Acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi ) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi ) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.

    13. Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.

    14. Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Registration Agreement (formerly known as the dotMobi Auction Registration Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.

    15. Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Registration Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

  5. .ME -- Should you seek to register a .ME top level domain, you must agree to be bound by the following terms:

    1. You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .me registry to implement in accordance with the Registry Registration Agreement or otherwise.

    2. You shall comply with all operational standards, policies, procedures, and practices for the .me registry system established from time to time by the .me registry.

    3. You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant's personal data by the .me registry and its designees and agents in a manner consistent with the purposes of the .me Registry-Registrar Registration Agreement.

    4. You shall submit to proceedings comments under any dispute policy implemented by the .me registry, including, without limitation, the Domain Name Dispute Resolution Policy ("DRP") referenced on the .me registry's website at www.domain.me.

    5. You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .me TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.

    6. You acknowledge the .me registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .me registered domain name during these periods; and (b) the results of any dispute procedures.

    7. You acknowledge and agree that the .me registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (b) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .me registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .me registry, including, without limitation, the .me registry policies; and (d) to correct mistakes made by the .me registry or Registrar in connection with a domain name registration. The .me registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.

    8. You shall submit to proceedings commenced under other dispute policies as set forth by the .me registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .me registry system for the .me top level domain.

    9. You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.

  6. .CA - Should you seek to register a .CA top level domain, you must agree to be bound by the following additional terms. In the event that any term in this Registration Agreement conflicts with CIRA's Registrant Agreement, CIRA's Registrant Agreement shall apply to any and all .CA domain registrations.

    1. Definitions. The following definitions apply to this Section 11:

      1. "Registrant Registration Agreement" shall mean CIRA's Registration Agreement.

      2. "Registrar," "National CA Domains," "we," or "us" shall mean National CA Domains, Ltd., a wholly-owned subsidiary of Dotster, Inc., and a certified registrar of .CA domains by CIRA pursuant to the Registrar Registration Agreement entered into between National CA Domains and CIRA ("Registrar Registration Agreement").

      3. "Registry," "Registry Operator," or "CIRA" shall mean Canadian Internet Registration Authority, the not-for-profit organization that manages the .CA domain space.

      4. Capitalized terms used in this Section 11 but not defined shall have the meaning as set out in the Registration Agreement or Registrar Registration Agreement.

    2. CA Domain Name Registration Information and Its Use.

      1. You acknowledge and agree that you are required to submit to National CA Domains and keep updated the following information in connection with your application for .CA domain name registration:

        1. the .CA domain name to be registered;

        2. the .CA domain name holder's name and mailing address;

        3. the name, mailing address, email address, telephone number, and fax number of the Administrative Contact for the .CA domain name;

        4. the name, mailing address, email address, telephone number, and fax number of the billing contact for the .CA domain name; and

        5. 5. Canadian presence qualification as required by CIRA's Canadian Presence Requirements for Registrants.

      2. Obligations Relating to Provided Data. If, in registering a .CA domain name, you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Registration Agreement.

      3. Disclosure and Use of Registration Information. You agree to authorize National CA Domains to provide any information to CIRA and any other third parties as applicable laws may require or permit. You acknowledge and agree that National CA Domains may make publicly available, or directly available to third-party vendors, some or all of the .CA domain registration information provided by you, for purposes of inspection such as through National CA Domains' WHOIS service, for targeted marketing, or for any other purpose as required or permitted by CIRA and/or applicable laws.

      4. We will not process any data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Registration Agreement or in our Privacy Policy. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. We will have no liability to you or any third party to the extent such reasonable precautions are taken.

      5. You acknowledge and agree that CIRA may establish guidelines, limits, and/or requirements that relate to the amount and type of information that National CA Domains may or must make available to the public or to private entities, and the manner in which such information is made available.

    3. CIRA Policy.

      1. You agree that:

        1. Your registration of a .CA domain name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy, (1) to correct mistakes by Registrar or Registry in registering the name, or (2) for the resolution of disputes concerning a .CA domain name.

        2. CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to Registrar or you for such further period of time as CIRA may determine, in its sole discretion.

        3. CIRA shall not be liable to you for:

          1. any loss, damage, or expense arising out of CIRA's failure or refusal to register a .CA domain name;

          2. CIRA's failure or refusal to renew a .CA domain name;

          3. CIRA's registration of a .CA domain name;

          4. CIRA's failure or refusal to renew a .CA domain name;

          5. CIRA's renewal of a .CA domain name;

          6. CIRA's failure or refusal to transfer a .CA domain name;

          7. CIRA's transfer of a .CA domain name;

          8. CIRA's failure or refusal to maintain or modify a .CA domain name;

          9. CIRA's maintenance of a .CA domain name;

          10. CIRA's modification of a .CA domain name;

          11. CIRA's failure to cancel a .CA domain name; or

          12. CIRA's cancellation of a .CA domain name from the Registry.

        4. In no event shall you pursue any claim against CIRA, and in no event shall CIRA be liable to you, for any direct, indirect, special, punitive, exemplary, or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by Registrar of its obligations under any agreement between Registrar and you, or the Registrar Registration Agreement.

        5. Registration of your selected .CA domain name in its first application to CIRA shall not be effective until you have entered into and agree to be bound by CIRA's Registration Agreement.

        6. We shall immediately give notice to you in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or the Registrar Registration Agreement is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to you thereof.

        7. In the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or in the event the Registrar Registration Agreement is terminated or expires, you shall be responsible for changing your registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to the you by (i) us or (ii) CIRA in accordance with CIRA's then-current General Registration Rules; provided, however, that if any of your domain name registration(s) is scheduled to expire within 30 days of the giving of such notice, you shall have 30 days from the anniversary date of the registration(s) to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with then-current General Registration Rules.

        8. You shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise (i) violate or contribute to the violation of the intellectual property rights or other rights of any other person; (ii) defame or contribute to the defamation of any other person; or (iii) unlawfully discriminate or contribute to the unlawful discrimination of any other person.

        9. National CA Domains and CIRA shall not be responsible in any way whatsoever:

          1. for the use of any .CA domain name in the Registry; and

          2. for any conflict or dispute with or any actual or threatened claim against us or you, including one relating to a registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other person.

        10. You agree that we may amend this Registration Agreement at any time, with or without notice to you, to reflect any amendments to the Registrar Registration Agreement or any other rules, policies, or guidelines established by the Registry.

        11. You acknowledge that registration of a .CA domain name does not create any proprietary right for you, us or any other person in the name used as a .CA domain name or the domain name registration and that the entry of a .CA domain name in the Registry or in the "WHOIS" look up system of the Registry shall not be construed as evidence or ownership of the registered .CA domain name. You shall not in any way transfer or purport to transfer a proprietary right in any .CA domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a .CA domain name registration.

    4. CIRA Dispute Policy.

      1. In the event of any dispute with respect to your registered .CA domain name, you agree to be bound by the CIRA Domain Name Dispute Resolution Policy ("CIRA Dispute Policy"), as it may be amended from time to time, which is hereby incorporated and made a part of this Registration Agreement by reference.

      2. You agree that, if the registration of your .CA domain name is challenged by a third party, you will be subject to the provisions specified in the CIRA Dispute Policy in effect at the time of the dispute.

      3. You agree that, in the event a domain name dispute arises with any third party, you shall indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the CIRA Dispute Policy.

    5. Transfer of Ownership.

      1. National CA Domains will consider the entity named as the Administrative Contact for the .CA domain name at the time the controlling user name and password are secured as the agent of that domain name. In accordance with CIRA policy, a domain name's registrar and agent cannot be changed until at least 60 days after initial registration. You agree that, prior to the effectiveness of any transfer of ownership of your domain name to another person or entity, you will pay National CA Domains the then-current amount set forth by National CA Domains for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Registration Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from a third party (such reasonable assurance as determined by National CA Domains in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying National CA Domains the then-current amount set by National CA Domains for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.

    6. Miscellaneous.

      1. You agree that National CA Domains is not liable or responsible for any errors, omissions, or other actions by CIRA arising out of or related to your application or receipt of, or failure to receive, a .CA domain name registration. You further agree to indemnify, defend and hold harmless the administrators, directors, officers, employees, and agents of National CA Domains and of CIRA 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 .CA domain name registration.

      2. You acknowledge and agree that National CA Domains cannot guarantee that you will obtain a desired .CA domain name registration, even if an inquiry indicates that domain name is available, since National CA Domains cannot know with certainty whether or not an application for a domain name which you are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the .CA domain name registration process or related databases maintained by CIRA.

      3. You acknowledge and agree that National CA Domains does not check to see whether the .CA domain name you select, or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate whether the .CA domain name you select, or its use, infringes the legal rights of others, and in particular we suggest you seek advice of competent counsel.

      4. You acknowledge and agree that National CA Domains may be ordered by a court or administrative agency to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your .CA domain name, we may turn to you to hold us harmless and to indemnify us.

      5. You acknowledge and agree that any of the following actions shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your .CA domain name registration:

        1. willfully providing false or inaccurate information;

        2. willfully failing to update information promptly; or

        3. failing to respond to National CA Domains' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request.

      6. You hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of information, updated from time to time and provided in connection with registration of a .CA domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of the .CA domain name registration information.

  7. .XXX - Should you seek to register a .XXX top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section 12 conflicts with the Registration Agreement shown above, the terms of this Section shall apply to any and all .XXX domain registrations.

    1. Definitions. The following definitions apply to this Section:

      1. "Registrar" refers to Sitey.

      2. "Registry," "Registry Operator," and "ICM" refers to ICM Registry, LLC.

    2. .XXX Domain Name Registration Requirements, Information, and Use.

      1. You must be at least 18 years of age to register a .XXX domain.

      2. You attest that you qualify as a member of the Sponsored Community, as that is defined and enforced by ICM (see http://www.icmregistry.com/about/sponsored-community/).

      3. You agree and consent to the Registry-Registrant Registration Agreement displayed at http://www.icmregistry.com/policies/registry-registrant-agreement/.

      4. You understand and agree to indemnify, defend, and hold harmless ICM and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the registrant's domain name registration

      5. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which ICM has monitoring responsibility.

      6. You consent to use of, copying, distribution, publication, modification, and other processing of the registrant's personal data by ICM and its designees and agents in a manner consistent with the purposes specified in Section 2.6 of Registry-Registrar Registration Agreement.

      7. You agree to be bound by the terms and conditions of initial launch established by ICM, including without limitation Landrush, and further acknowledge ICM has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the Landrush period, including, without limitation your ability/inability to obtain a registered name during that period

      8. You acknowledge and agree ICM reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to enforce ICANN requirements and ICM policies; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of ICM, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) to enforce the terms of the registration agreement; or (5) to correct mistakes made by ICM or Registrar in connection with a domain registration. ICM also receives the right to place upon registry lock, hold, or similar status a domain name during dispute resolution.

      9. You shall immediately notify ICM of any domain name owned or controlled by registrant where the website operated in connection with such domain name is the subject any of any cease, or has been ordered to cease or has actually ceased, operations due to the actions of a government agency related to illegal or illicit activity on such website.

      10. Notwithstanding anything in this Registration Agreement to the contrary, ICM Registry ("ICM"), the Registry Operator of the .xxx top-level domain, is and shall be an intended third-party beneficiary of this Registration Agreement, and the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of ICM have vested and that ICM has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Sitey, being a registrar for the .xxx top-level domain. The third-party beneficiary rights of ICM shall survive any termination or expiration of this Registration Agreement.

  8. .MENU - Should you seek to register a .MENU top level domain ("Registry TLD") from Wedding TLD2, LLC ("Registry", you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MENU domain registrations.

    1. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

    2. You agree to comply with the operational standards, policies, procedures and practices for the .MENU TLD as established by the Registry Operator, including without limitation the Registry Policies.

    3. You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation land rush, and sunrise further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability/inability to obtain a registered name during that period.

    4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

    5. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .MENU Registry.

    6. Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the third-party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.

  9. .UNO - Should you seek to register a .UNO top level domain ("Registry TLD") from Dot Latin, LLC ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .UNO domain registrations.

    1. You acknowledge and agree Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (c) for the non-payment of fees to Registry.

    2. You agree to comply with Registry’s Acceptable Use policies, Terms of Service, if any, operational standards, policies, procedures and practices, and Registry policies as they may be instituted or updated from time to time and published on the Registry website (here) specific to the Registry TLD for the domain name.

    3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

    4. You, as the Registrant, acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

      1. The Uniform Domain Name Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/udrp/policy;

      2. The Uniform Rapid Suspension Procedure and Rules, available at
        http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and

      3. The Transfer Dispute Resolution Policy, available at
        http://www.icann.org/en/help/dndr/tdrp.

  10. .BUZZ - Should you seek to register a .BUZZ top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUZZ domain registrations.

    1. You acknowledge and agree DotStrategy, Co. (the "Registry") reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.

    2. In the event of any dispute concerning the time of the entry of a domain name registration into the Registry system, the timestamp shown in the Registry system records shall prevail.

    3. You agree to comply with Registry's Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website, here.

    4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

  11. .CLUB - Should you seek to register a .CLUB top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CLUB domain registrations.

    1. You acknowledge and agree .CLUB Domains LLC (the "Registry") reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary in its discretion, to correct mistakes made by Registry or any Registrar in connection with a domain name registration; or for the non-payment of fees to Registry.

    2. You agree to comply with Registry's Acceptable Use policies, Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website, here.

    3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

  12. .BUILD - Should you seek to register a .BUILD TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUILD domain registrations.

    1. You acknowledge and agree Plan Bee, LLC (the "Registry") reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.

    2. You agree to comply with Registry's Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website, here.

    3. You agree to be bound by the terms and conditions of initial launch established by Registry, available here, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.

    4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.

  13. .TV and .CC - Should you seek to register a .tv or .cc TLD, you must agree to comply with the .tv and .cc Registry Policies, found here.

  14. Should you seek to register a gTLD from Radix FZC ("RO"), including at present .HOST, .PRESS, .SITE, .SPACE, .TECH and .WEBSITE, you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .HOST, .PRESS, .SITE, .SPACE, .TECH and .WEBSITE domain registrations.

    1. Definitions. The following definitions apply to this Section:

      1. "Personal Data" refers to data about any identified or identifiable natural person

      2. "Premium Domain Name" refers to a domain name designated by the RO, in its sole discretion for non-standard pricing.

      3. "Registry Service Provider" refers to the registry service provider designated and contracted with the RO, or its assigns.

      4. "Registry System" refers to the multiple registrar system operated by RO or its Registry Service Provider for registration of Registered Names in the Included TLD.

      5. "Standard Domain Name" refers to the most common type of domain name made available by RO at standard pricing on a first-come, first-served basis in any Included TLD.

    2. You acknowledge and agree that RO reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in connection with a domain name registration, (3) for the non-payment of fees to RO, (4) to protect the integrity and stability of the Registry System; (5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (6) to avoid any liability, civil or criminal, on the part of RO , as well as its affiliates, subsidiaries, officers, directors, and employees.

    3. You agree to comply with all operational standards, procedures, practices and policies for the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy ("AUP") and all other applicable policies which will be available on the Radix website (www.radixregistry.com), established from time to time by RO in a non-arbitrary manner and applicable to all registrars, including affiliates of RO, and consistent with ICANN's standards policies, procedures, and practices and RO's Registry Agreement with ICANN for the Included TLD. Additional or revised RO operational standards, policies, procedures, and practices for the Included TLD shall be effective upon ninety (90) days notice by RO to registrar unless mandated by ICANN with a shorter notice period.

    4. You agree to be bound by the terms and conditions of the initial launch of the Included TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN's rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and further to acknowledge that RO and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration. You further agree that Whois Privacy is not available during the landrush and sunrise periods.

    5. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

    6. You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

    7. You warrant that no domain name registration within any Included TLD shall be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other similar activity and providing consequences for such activities including suspension of the domain name. You consent to the use, copying, distribution, publication, modification and other processing of Registrant's Personal Data by RO and its designees and agents, including data escrow requirements as determined and amended by ICANN from time to time.

    8. You acknowledge and provide explicit approval with regards to RO's pricing and all fees including but not limited to registration, renewal and transfer of domain names.

    9. You expressly agree that registration and renewal fees for some domain names in an Included TLD are variable and shall differ from registration and renewal fees for other domain names within that Included TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names.

    10. You agree to indemnify, defend and hold harmless RO, RO's Registry Service Provider and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the Registered Name Holder's domain name registration, any breach of the Registration Agreement with registrar and any use of the domain name.

    11. You agree to comply with ICANN standards, policies, procedures, and practices for which RO has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN and operational standards, policies, procedures, and practices for the Included TLD established from time to time by RO in a non-arbitrary manner and applicable to all registrars ("Operational Requirements"), including affiliates of RO, and consistent with RO's Registry Agreement with ICANN, as applicable, upon RO's notification to registrar of the establishment of those terms and conditions.

  15. .US - Should you seek to register a .US TLD (“usTLD”) from NeuStar, Inc. (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .US domain registrations.

    1. You agree that your registration and use of .US TLD is subject to the usTLD Administrator Reservation of Rights policy (available here) and the Policy Statement by usTLD Administrator (available here).

    2. You agree to comply with the usTLD Acceptable Use Policy (available here).

    3. You agree to comply with all Registry Operator policies regarding the use of proxy domain name services. You further agree that if you license the use of a domain name to a third party you are nonetheless the Registered Name Holder and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information pursuant to the Registration Agreement and that you shall accept liability for harm caused by wrongful use of the domain.

    4. You certify that the Registered Name Holder meets the requirements set out in the usTLD Nexus Requirements Policy (available here) and that the Registered Name Holder is either:

      1. A citizen or permanent resident of the United States of America or any of its possessions or territories, whose primary place of domicile is in the United States of America or any of its possessions; or

      2. A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or

      3. A foreign entity or organization that has a bona fide presence in the United States.

    5. You agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the domain (available here).

    6. You agree that for the adjudication of disputes concerning or arising from use of the usTLD, to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile, (2) where the registrar of record is located, and (3) the United States.

    7. You agree that failure to comply with the terms of the Registry Operator’s Policies (available here) may result in suspension or termination of the domain.

    8. You represent that, to the best of your knowledge and belief, neither the registration of the domain, nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

    9. You agree that the registration of your domain is subject to suspension, deletion, cancellation or transfer pursuant to any Registry Operator Policy, or pursuant to any registrar of record or Registry Operator procedure not inconsistent with such Policies to:

      1. enforce usTLD Policies, as amended from time to time;

      2. protect the integrity and stability of the Registry Operator, its operations, and the usTLD;

      3. comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry Operator or you;

      4. establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;

      5. respond to violations of this policy;

      6. correct mistakes made by the Registry Operator or any registrar of record in connection with a registration or reservation.

    10. You agree that the Registry Operator retains the right to freeze a domain name during the resolution of a dispute either by: (i) rendering the domain name unresolvable; (ii) preventing the transfer of the domain name to another person, entity or registrar; or (iii) preventing any changes to the contact information associated with the domain name.

    11. You consent to the data processing as required by the Whois Accuracy Program Specification (available here) and the .US Privacy Policy (available here).

  16. Should you seek to register a .UK ("Registry TLD") from Nominet UK ("Registry"), you agree to comply with all Registry policies including their Terms & Conditions of Domain Name Registration, and Rules of Registration (each available here). In the event that a term in the Registry policies conflicts with the Registration Agreement, the terms of the Registry Policies shall apply to any and all .UK domain registrations.

  17. Should you seek to register a .EU ("Registry TLD") from EURid ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .EU domain registrations

    1. You accept and agree to comply with all Registry policies, including the .eu Domain Name Registration Policy and the General Eligibility Criteria therein (available here), the .eu Domain Name Registration Terms and Conditions (available here).

    2. You agree that neither the registration of the domain, nor the manner in which it is used, infringes the legal rights of any third party or violates any applicable law or regulation.

  18. Should you seek to register a TLD from Top Level Design LLC ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Top Level Design LLC domain registrations. A non-exhaustive list of Top Level Design LLC gTLDs can be found here.

    1. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to protect the integrity and stability of the registry system; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (4) per the terms of this Registration Agreement; (5) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.

    2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, (2) the results of any dispute over a sunrise registration.

    3. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry, including without limitation the Registry's service provider policies, available here, and the Registry’s policies, available here.

    4. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.

    5. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.

    6. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.

    7. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.

  19. .EU - Should you seek to register a .EU TLD ("Registry TLD") from EURID ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .EU domain registrations. You acknowledge that you have read all Registry Policies, including the eligibility requirements and rules found in the .EU Domain Name Registration Policy available here, and other Registry Policies available here. You further acknowledge you meet all the requirements of EC Regulation 733/2002 and EC Regulation 874/2004 (available here and here, respectively).

  20. ALL OTHER ccTLDs:

    1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the cc TLD satisfies the eligibility requirements ("Eligibility Requirements") established by the Registry Administrator for that specific country.

This file was last modified on Friday 25th Nov 2016.

Data Request Policy

  1. Privacy Policy. Please see Sitey’s Privacy Policy for further information on what type of information Sitey collects, how it is used and when it may be disclosed. Subject to Sitey’s Privacy Policy, this Data Request Policy describes the types of requests for data that Sitey may receive and how Sitey may respond to such requests.

  2. Types of Requests. Sitey receives the following types of requests concerning customer data:

    1. Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), Sitey requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:

      1. Subpoenas
      2. Court Orders
      3. Search Warrants
      4. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
      5. Other forms of legal process such as Civil Investigative Demands
    2. Preservation Requests. A preservation request asks Sitey to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:

      1. Identification of the account(s) at issue (as further described in Section 4 below);
      2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead );
      3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that Sitey is being asked to retain; and
      4. A valid return email address and phone number.
    3. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.

  3. Notice to Sitey Customers. Sitey’s policy is to notify its customers of requests for their data unless Sitey is prohibited from doing so by statute or court order.

  4. Information to Include in a Request. The following information must be included in a request for customer data:

    1. First and last name of the customer and email address associated with the account; and
    2. Domain name and/or IP address associated with the account.

    Sitey may not be able to respond to a request without this information.

    Additionally, Sitey reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

  5. Sending a Request to Sitey. Sitey is located in Burlington, Massachusetts and all requests should be sent to that location or mailed or faxed to:

    Sitey
    10 Corporate Drive, Suite 300
    Burlington, MA 01803

    E-mail: support@Sitey.com

    IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.

  6. Fees. Sitey may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.

  7. Available Information. Depending on the type of formal legal process provided, Sitey may be able to respond with one or more of the following types of data:

    1. Non-Content. Sitey will produce non-content information such as basic subscriber information which may include the following subject to a valid request:

      1. Name
      2. Email addresses
      3. Date and time of account creation
      4. Billing information
      5. IP Logs
    2. Content. Sitey will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

This file was last modified: May 16th, 2017.

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