Domains Terms of Service Agreement
Last updated: January 6, 2014
For the Domain Name Registration Services (the “Services”), along with the Terms of Services Agreement, the following additional terms and conditions also apply (collectively, the “Agreement”):
Upon Customer’s request and further subject to this Agreement, ProNetwork Llc. (“Company”), with websites www.pronetwork.us, www.prolegalnet.com, www.promdnet.com, www.procpanet.com, www.prorealtornet.com, www.profinancenet.com, www.proexpertnet.com, www.propsynet.com, among others (the “Site” and/or “Sites”) will register an Internet domain name or renew the Customer’s registration of an existing domain name (the “Domain Name”), on behalf of Customer, with a registrar selected by Company (the “Registrar”). Beginning on November 1, 2013, the Registrar for the Services shall be Hostgator.com, and all new registrations and subsequent renewals of those registrations will be subject to the Hostgator.com terms and conditions, located at http://www.hostgator.com/tos (the “Registrar Terms”).
Your use of the services provided by Company serves as your consent to the terms of this Agreement. Company will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Agreement.
Term and Renewals
The Term of this Agreement is twelve (12) months. When you renew your services with us, this Agreement will be renewed for additional 12 month periods, coincident with the term of your services. On the day prior to the renewal date of your domain name, we will attempt to renew your services for an additional year. If our renewal is successful, this Agreement will be extended for an additional 12 months. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service beforehand. Company must receive written notice of your cancellation at least thirty (30) days in advance of the annual subscription renewal date on which you wish to make the Domain Name Registration Services cancellation effective. For example, if your annual subscription starts on the first day of January, you will need to cancel the next subscription renewal on or before the 31st day of November (30 days before the renewal of the Domain Name Registration which would start in this example the first day of January of the following year). All cancellations of Domain Name Registration Services must be received in writing by email to: email@example.com or by U.S. Mail ATTN: Cancellations ProNetwork, 3390 Mary St., Suite 116, Miami FL 33133. Domain Name Registration Services fees are not prorated or refundable. Company may provide one (1) free domain name with a new purchase of an annual or other subscription plan. This domain will be included for the lifetime of your ProNetwork account. ProNetwork cannot assure domain name availability. This offer is not valid on domain renewals or transfers. The free domain name applies only to certain TLD’s (.com, .net, .org, .info, and .biz) when signing up for a new plan. You may not transfer a domain name within 1 year of the day of initial registration. Domain name registration orders are subject to Domain Name Registration Terms and Conditions.
Billing & Contact Information
Maintaining accurate and current billing information is a mandatory condition of maintaining your ProNetwork account. If you do not maintain current credit card information in your ProNetwork account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your account does not provide you, right and title to any domain name in your(s) account(s). You can solicit us to transfer your domain name to another party after 1 year since initial registration. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through Company using your ProNetwork account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met. ProNetwork needs to be able to contact you easily and quickly. You are responsible for ensuring that Company has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice, facsimile and mobile telephone numbers. If you need to reach ProNetwork, contact us at: firstname.lastname@example.org.
Your right for use to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.
Recovering a Domain Name After Expiry
It may be possible to recover a domain name after it has expired. Renewal of a domain name after its expiry is subject to a Redemption Recovery fee of $175 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after its expiry and Company has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable. If you forfeit a domain name for non-payment, Company will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that ProNetwork may charge the credit card you have on file with Company to recover any amounts outstanding on your account.
Cancelling & Termination
You may end this Domain Name Registration Services Agreement and your ProNetwork services by notifing us at email@example.com at any time before the last 30 days before the automatic renovation of the annual contract occurs. Company can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid or due within the running annual contract period. If ProNetwork terminates this Agreement, ProNetwork will provide you with written notice, either via postal service, or email. ProNetwork may, only in its sole discretion, may refund any unused portion of your subscription fee, and if applicable, may assist you in transferring your domain name to another registrar. You may not transfer a domain name within the first year of registration.
Third Party Terms
Company is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) and many domain name registries to register domain names on your behalf only on the condition that ProNetwork requires you to agree to certain additional terms, conditions and fees. These additional terms and conditions can listed in http://www.hostgator.com/tos/domain-registration-agreement.php. This additional terms are part of this Agreement, and you are bound by them just as if they were included here.
Complaints and Legal Challenges
Sometimes domain name registrations become the subject of a legal challenge. If ProNetwork is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of Company’s costs and legal fees and to indemnify and hold ProNetwork harmless from any action. If ProNetwork is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, ProNetwork may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
Right to Limit Quantities Purchased
We reserve the right to limit quantities purchased to normal retail purchases. From time to time we may limit the number of domain names, email addresses and other services you may purchase from us at the published price. You agree that we may do so in our sole discretion and that our decision concerning any limitations is solely ours.
This Agreement is governed by and construed in accordance with the laws of the Commonwealth of Puerto Rico, USA, applicable to agreements made and to be entirely performed within the Commonwealth of Puerto Rico, USA (even if your use is outside of the Commonwealth of Puerto Rico, USA), without resort to its conflict of law provisions. You agree that any action shall be filed only in the state and US Federal District court located in the Commonwealth of Puerto Rico, USA and you hereby irrevocably and unconditionally consent and submit to the exclusive jurisdiction of such courts.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us. ProNetwork and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
Disclaimer of Warranties
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.