Nominus general terms and conditions
Updated November 23, 2022
PLEASE READ THESE TERMS AND CONDITIONS CAREFULLY. These terms and conditions and any policies incorporated by reference herein (collectively, the “Agreement”) are a binding contract between you (referred to herein as “you”, and “your”) on the one hand and Nominus.com LLC. By creating your account, or by otherwise accessing the website at Nominus.com (the “Website”) or one or more of the services made available thereby (the “Services”), you hereby signify your agreement to the Agreement. To the extent that you are signing up for the Services and agreeing to this Agreement on behalf of a company, you represent and warrant that you are authorized to enter into this Agreement on behalf of yourself and the company.
- YOUR USE OF THE SERVICE.
- No Use by Minors. The Website and Services are available only to individuals who can form legally binding contracts under applicable law. Nominus’ Services are not available to persons under the age of majority in their jurisdiction, and in no case to persons under the age of 18.
- Account Credentials. You shall use no less than reasonable efforts to maintain the security of your Services credentials. You agree not to transfer your account to any third-party. You shall be solely responsible for use of your credentials and/or your account by any third-party. You must notify Nominus upon becoming aware of any breach or suspected breach of the security of your account.
- Appropriate Conduct.You agree not to use the Services for any illegal or unauthorized purpose and agree to comply with all applicable domestic and international laws, statutes, ordinances, and regulations relating thereto. You further warrant and agree that your use of the Website and Services does not violate any relevant laws, regulations, legislation, or other applicable rules of any applicable authority. You agree not to (attempt to) modify, adapt, or hack the Website or the Services. You agree not to engage in any activities that would create a false association with the Website or Services. You agree not to solicit, harass, or impersonate other Website or Services members. You agree that Nominus has sole and absolute discretion with respect to the determination of whether your use of the Website and/or Services is legal and authorized.
- Sole Responsibility. You are solely responsible for any data, text, information, graphics, photos, profiles, audio clips, video clips, links, or other content that you submit, post, display, or otherwise make available on the Website or via the Services.
- Third Party Services.You acknowledge and agree that links that you come across via the Website and/or Services may point to content outside of Nominus’ control. Nominus shall have no liability whatsoever for any such content, or any third-party fees you may incur by accessing such content.
- Consent to E-mail. By providing Nominus your e-mail address, you consent to our using the e-mail address to send you Services-related notices, including any notices required by law, in lieu of communication by postal mail.
- Promotions.From time and time, Nominus may offer individuals special offers or promotions (“New Account Promotions”) to create an account. Such New Account Promotions may contain usage restrictions and limitations that will be indicated with such promotion. Failure to comply with such restrictions will result in the reversal or cancellation of any offered incentive without notice, and may also result in the levy of an additional administrative or related fee as indicated.
- 1.8 Scope of Services.NOMINUS DOES NOT PROVIDE LEGAL COUNSEL.Nominus provides a web portal for domain name services, trademark services, and internet software systems. Nominus aims to give visitors a general understanding of the law, and provides access to public information and non-legal services. Nominus’ services include reviewing users’ information for completeness, spelling errors, and for internal consistency of names, addresses, and other user entered information. Nominus also provides services aimed at assisting clients in the administration of certificates.Nominus is NOT a law firm and cannot and does not provide legal services or legal advice.In any instance where you need legal services, Nominus will provide you with the information of third-party licensed attorneys.Nominus is a directory service and does not provide legal referral services.You hereby irrevocably appoint and authorize Nominus to act as your agent with respect to any communications with any attorney arising from or in connection with any Nominus Service.
- WARRANTY, DISCLAIMER, AND LIMITATION OF LIABILITY.
- Warranty Disclaimer. The Website and Services are provided to you without warranty of any kind, whether express or implied. NOMINUS SPECIFICALLY EXCLUDES AND DISCLAIMS WARRANTIES OF NONINFRINGEMENT, TITLE, THE WARRANTY OF MERCHANTABILITY, THE WARRANTY OF FITNESS FOR A PARTICULAR PURPOSE, AND ANY IMPLIED WARRANTIES.
- Damages Limitation. IN NO EVENT SHALL NOMINUS BE LIABLE TO YOU FOR ANY INCIDENTAL, INDIRECT, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES HOWEVER CAUSED AND WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), PRODUCTS LIABILITY OR ANY OTHER THEORY OF LIABILITY, INCLUDING BUT NOT LIMITED TO LOST PROFITS, LOST REVENUES, LOST SAVINGS, COSTS OF CAPITAL, COSTS OF PROCUREMENT OF SUBSTITUTE GOODS OR SERVICES, DOWNTIME COSTS, LOSS OR IMPAIRMENT OF DATA AND OTHER BUSINESS LOSS. THE FOREGOING LIMITATIONS SHALL APPLY REGARDLESS OF WHETHER NOMINUS KNOWS OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES AND NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY LIMITED REMEDY STATED HEREIN.
- Limitation of Liability.IN NO EVENT SHALL THE TOTAL LIABILITY OF NOMINUS ARISING FROM OR RELATED TO THIS AGREEMENT, TO YOU OR ANY THIRD-PARTY, ON WHATEVER BASIS, EXCEED THE GREATER OF $1500 AND/OR THE AMOUNTS PAID BY YOU TO NOMINUS FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY. THIS IS AN AGGREGATE LIMIT.
TO THE EXTENT THAT APPLICABLE LAWS DO NOT PERMIT THE LIMITATION OF LIABILITY AS DESCRIBED HEREIN, YOU AGREE THAT NOMINUS DISCLAIMS ALL LIABILITY TO THE EXTENT PERMITTED BY APPLICABLE LAW
- Risk Allocation. The provisions herein allocate risks of loss or failure between you and Nominus. The provisions contained in this Agreement reflect this allocation of risk and the disclaimer and limitations of liability contained herein.
- Payment.Payment for all Services shall be made in advance. You shall not be entitled to use the paid Services prior to your account being properly funded. Any funds spent on Services shall be non-refundable unless expressly designated as otherwise.
If, for any reason, Nominus is unable to charge your payment method for the full amount owed, or if Nominus receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee previously charged to your payment method, you agree that Nominus may pursue all available lawful remedies in order to obtain reimbursement of such payment and/or penalties, including but not limited to, cancellation of your Services and/or any domain names registered or renewed on your behalf using the Services. In addition to the foregoing, you shall be responsible for all of Nominus’ costs of recovery of any fees due, including but not limited to collections costs and attorney’s fees.
Nominus also reserves the right to charge you reasonable "administrative fees" or "processing fees" for (i) tasks Nominus may perform on your behalf outside the normal scope of its Services, (ii) additional time and/or costs Nominus may incur in providing its Services to you, and/or (iii) costs resulting from your noncompliance with this Agreement (as determined by Nominus in its sole and absolute discretion). These administrative fees or processing fees will be billed to the payment method you have on file with Nominus.
- Taxes. Listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. You shall be responsible for the payment of any such applicable taxes and agree to pay all applicable taxes or charges imposed by any government entity in connection with your use of the Services.
- Pricing.All fees for the Services shall be in accordance with Nominus' fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time you order the Services, unless otherwise noted. You may pay for the Services via any accepted payment method as indicated at the time of your purchase. Nominus may, at our option, require that you pay fees through a specific payment means. Charges will be billed to your chosen payment method.
Nominus expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this site, or the relevant site of the Service (such as on your account page). For new purchases of Services, price changes shall be effective immediately without need for further notice to you. For Services purchased on a subscription basis, you will be notified of price changes prior to subscription renewals, and such price changes shall be effective upon renewal.
- REPRESENTATIONS AND WARRANTIES BY YOU.
- Accuracy of Information.You hereby acknowledge, agree, represent, and warrant that all information submitted to Nominus in connection with this Agreement is accurate, current, and complete, and that you will keep your account information up to date at all times. Nominus may suspend or terminate your account if it has a reasonable suspicion that information you have provided is inaccurate. Nominus is not responsible for any lapse in Services arising from or related to: a.) your contact information being inaccurate; or b.) your failure to provide information or documentation necessary for Services completion or renewal. Lapses in Services covered by the foregoing include, but are not limited to, lapsed domain and trademark registrations.
- No Third-Party Personal Data. You hereby acknowledge, agree, represent, and warrant that you shall not, in connection with the Website or any Services, handle or otherwise have access to the personal data or personally identifiable information of any third-party, including but not limited to any Personal Data (as that term is defined in Regulation (EU) 2016/679, generally known as the General Data Protection Regulation or GDPR, referred to herein as “GDPR”).
- International Data Transfer.If you are visiting this site and/or using the Services from a country other than the country in which our servers are located, your communications with us may result in the transfer of information (including your account information) across international boundaries. By visiting this site, using our Services, and/or communicating electronically with us, you hereby consent to such transfers. To the extent that you reside in the EU, or will otherwise transfer your Personal Data (as that term is defined in Regulation (EU) 2016/679, generally known as the General Data Protection Regulation or GDPR) outside of the EU or UK for Processing (as that term is defined in the GDPR), you agree to execute a separate data processing addendum agreement with Nominus which governs such Processing (as that term is defined in the GDPR) of Personal Data. Failure to adhere to the foregoing shall be a material breach of these terms.
- RIGHTS OF Nominus.
- Changes to the Service. Nominus may, at its sole discretion, change or remove some or all of Service and Website at any time. Nominus reserves the right to interrupt the Services or any portion thereof with or without prior notice for any reason or no reason. You agree that Nominus will not be liable to you for any interruption of, delay of, or failure to perform the Services or any portion thereof.
- Change to the Agreement. Nominus reserves the right to amend this Agreement at any time. If amendments constitute a material change to the Agreement, to be determined at the sole discretion of Nominus, Nominus will notify you via e-mail or via a conspicuous notice on the Website or via the Services.
- Refusal of Service. Nominus reserves the right to refuse service to anyone for any reason at any time. Nominus may permanently or temporarily terminate, suspend, or otherwise refuse to permit your access to the Services and/or Website without notice and liability for any reason, including if, in Nominus’ sole determination, you violate any provision of this Agreement, or for no reason.
- Ownership of IP. With respect to all content on the Website and the Services, as between Nominus and yourself, all right, title and interest in and to all (i) registered and unregistered trademarks, service marks, and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software, and (vi) all other intellectual property, proprietary rights, or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services or Website identified herein (“IP Rights”) are owned by Nominus, its licensors, and/or, where applicable, its partners and Affiliates. You agree to make no claim of interest in or ownership of any such IP Rights. You acknowledge that no title to the IP Rights is transferred to you and that you do not obtain any rights, express or implied, in the Website or Services, other than the rights expressly granted in this Agreement.
Content provided via the Website and Services is provided to you “as is”, “as available”, and “with all faults”, for your information and personal, non-commercial use only, and may not be downloaded, copied, reproduced, distributed, transmitted, broadcast, displayed, sold, licensed, or otherwise exploited for any purpose whatsoever without Nominus express prior written consent. No right or license under any copyright, trademark, patent, or other proprietary right or license is granted by this Agreement. Nominus reserves all rights not expressly granted in and to the Website and the Services.
- ADDITIONAL TERMS AND GUIDELINES.
- Prohibited, Questionable and Infringing Usage; Restricted Activities. Your activities on the Website and/or use of the Services shall not:
(a) be false, inaccurate or misleading;
(c) infringe upon any third party's rights;
(d) violate any law, statute, ordinance or regulation;
(e) contain any viruses, Trojan horses, worms, time bombs, cancelbots, easter eggs or other computer programming routines that may damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information; (f) disseminate or transmit SPAM or unwanted communications; or (g) create liability for us or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.
- Access and Interference. You agree that you will not:
(i) take any action that imposes, or may impose, in our sole discretion, an unreasonable or disproportionately large load on our infrastructure;
(ii) copy, reproduce, modify, create derivative works from, distribute or publicly display any content from the Website or Services without the prior express written permission of Nominus and the appropriate third-party, as applicable;
(iii) interfere or attempt to interfere with the proper working of the Website or any activities conducted on the Website, or any of the Services; or
(iv) bypass any measures Nominus may use to prevent or restrict access to the Website and/or Services.
- DMCA Notices. The Digital Millennium Copyright Act of 1998 (the “DMCA“) provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that materials hosted by Nominus infringe upon your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. The notice must include the following information as required by 17 USC § 512(c)(3)(A): (a) a physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; (b) identification of the copyrighted work claimed to have been infringed (or if multiple copyrighted works located on the site are covered by a single notification, a representative list of such works); (c) identification of the material that is claimed to be infringing or the subject of infringing activity, and information reasonably sufficient to allow Nominus to locate the material on the site; (d) the name, address, telephone number, and email address (if available) of the complaining party; (e) a statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and (f) a statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.
If you believe in good faith that a notice of copyright infringement has been wrongly filed against you, the DMCA permits you to send Nominus a counter-notice. Notices and counter-notices must meet the then-current statutory requirements imposed by the DMCA. Notices and counter-notices should be sent in writing to abuse@Nominus.com. with the subject, “Copyright Notice”. Please be aware that there are penalties for false claims under the DMCA.
- Indemnity. YOU AGREE TO INDEMNIFY AND HOLD NOMINUS AND ITS SUBSIDIARIES, AFFILIATES, OFFICERS, DIRECTORS, AGENTS, AND EMPLOYEES, HARMLESS FROM ANY CLAIM OR DEMAND, INCLUDING REASONABLE ATTORNEYS' FEES, MADE BY ANY THIRD-PARTY DUE TO OR ARISING OUT OF YOUR BREACH OF THIS AGREEMENT OR THE DOCUMENTS IT INCORPORATES BY REFERENCE, YOUR VIOLATION OF ANY LAW OR THE RIGHTS OF ANY THIRD-PARTY, YOUR USE OF THE SERVICES, OR YOUR GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.
“Affiliate” means, with respect to any entity, any other entity that, directly or indirectly through one or more intermediaries, controls, is controlled by, or is under common control with, such entity. The term “control” (including the terms “controlled by” and “under common control with”) means the possession, directly or indirectly, of the power to direct or cause the direction of the management and policies of such entity, whether through ownership of voting securities, by contract, or otherwise.
- TERM AND TERMINATION.
- Term of Agreement. This Agreement shall be effective from the moment you first access the Website and any of the Services until your use of the Services has completely ceased.
- Termination of the Agreement.You may terminate this Agreement by deleting your account, ceasing all use of the Website and Services, and remitting any balances due. Upon the termination of your account, you will lose the ability to access your account and any information therein. Nominus may retain your account information and records in accordance with applicable laws. Any such information shall be treated as confidential information.
- Automatic Renewal of Services. Unless you expressly opt-in to automatic renewal, Services you purchase will expire at the end of their applicable term. When you purchase a domain name you may elect to have its registration automatically renew. If you elect this option, Nominus will automatically charge the applicable renewal fees to the payment method you have on file one month prior to the expiration date of your domain name’s registration. It is your responsibility to ensure that there is an active payment method on file. Nominus shall not be liable for any automatic renewal failure, whether due to the failure of your payment method on file or otherwise, Nominus including but not limited to for any service interruption or other consequence of such renewal failure.
You acknowledge that the applicable fee at the time of renewal may differ from the original fee or any previous renewal fee. It is your responsibility to visit Nominus.com before the date the renewal fee is to be charged to review then-current renewal fees, and to determine at your discretion whether to maintain or deactivate the automatic renewal of your domain name registration.
If you do not elect automatic renewal of your domain name registration, Nominus will notify you of the pending expiration of your domain name registration via e-mail and via your online account portal. It is solely your responsibility to ensure that renewal fees are paid in advance of any due dates. Failure to do so may result in the cancellation of your domain name registration and an interruption in the accessibility of your domain name and any services or websites made accessible thereby.
- Survival Provisions. Any provision of this Agreement that must survive its termination or expiration to serve its essential purpose shall do so. In addition, the following sections shall survive the expiration or termination of this Agreement for any reason or no reason: 1.6, 1.8,, 2, 3.1, 3.2, 5.2, 5.4, 7, 8.4, and 9.
- Relationship Between Parties. Neither party shall be deemed to be an employee, agent or partner of the other in connection with this Agreement. Neither party shall have any right or authority to assume or create any obligation or responsibility, either express or implied, on behalf of the other party. The parties shall be and remain independent contractors with respect to this Agreement.
- Governing Law. This Agreement shall in all respects be interpreted, construed in accordance with and governed by the laws of the State of Delaware without regard to conflict of laws and principles contained therein. The parties specifically exclude the application of the 1980 United Nations Convention on Contracts for the International Sale of Goods, if otherwise applicable.
- Venue and Jurisdiction Provisions. . In the event of any litigation between the parties, the parties agree that the sole and exclusive venue and jurisdiction for any such action shall be in the courts of competent jurisdiction located in the State of Delaware. The parties agree that the above referenced courts shall have personal and exclusive jurisdiction over the parties for any dispute arising out of this Agreement that is not covered by the arbitration provisions set forth herein.
- Severability. In the event that any one or more of the provisions of this Agreement is for any reason held to be illegal or unenforceable in any respect, such illegality or unenforceability shall not affect the other provisions of this Agreement, which shall remain in full force and effect.
- Force Majeure. Neither party will be liable for any failure to perform due to unforeseen circumstances or causes beyond such party’s reasonable control, including, without limitation, acts of God, war, riot, acts of civil or military authorities, delay in delivery by vendors, fire, flood, accident, strikes, inability to secure communication or transportation facilities or labor or materials. In the event of a force majeure event, such party’s time for delivery or other performance will be extended for a period equal to the duration of the delay caused thereby.
- Entire Agreement. This Agreement, the policies incorporated by reference hereto, and the agreements covering the individual services offered pursuant to the terms herein reflect the entire agreement between the parties with respect to the matters therein, and supersede all proposals, prior agreements, and commitments, whether oral or written, and all negotiations, conversations, or discussions between the parties relating thereto.
- Modifications. Except as otherwise allowed per the terms of this Agreement, this Agreement may be modified only by a writing signed by each party.
- Headings.Headings included in this Agreement are for convenience only and are not to be used to interpret the provisions of the Agreement.
- Assignment. You may not assign or delegate the rights and obligations of this Agreement without the prior express written permission of Nominus. Nominus may unilaterally assign or delegate the rights and obligations of this Agreement at its sole discretion. The terms of this Agreement shall be binding upon and inure to the benefit of the parties and their successors and permitted assigns.
- Waiver. The failure of either party to enforce at any time any of the provisions hereof shall not be construed to be a waiver of the right of such party thereafter to enforce any such provisions.
- Benefit. This Agreement is made for the benefit of each of the parties and not for the benefit of any other persons.
- Attorneys’ Fees.In any litigation or arbitration between the parties, the prevailing party shall be entitled to reasonable attorney fees and all costs incurred in connection with such proceedings.
- No Presumption. There shall be no presumption applied against any party on the ground that such party was responsible for preparing this Agreement or any part of it.
- Conflict With Terms of Service or Other Policies. Should any conflict arise between this Agreement and any agreement covering a specific Service (a “Service Agreement”), said Service Agreement shall prevail with respect to matters arising from or related to that specific Service.
- Translations. Translations of contracts and policies are provided for your convenience and to fulfill local requirements. In the event of a dispute between the English and non-English versions, the English version shall govern.
- Notices. Nominus will deliver any notices to your email address as set out in the account and/or WHOIS information you have provided. Such required notices may also be published on the website, usually on your account page but sometimes on a page of general access. You are responsible for ensuring that your email address is kept up to date.
- Contact Information. If you have any questions, concerns, or complaints about the Services or anything governed by this Agreement or any other agreement with Nominus, please contact Nominus at the following:
1915 Brickell Ave, 1112C
Miami, FL 33129