In addition to the policies of eNom, JACO Digital customers agree to the following supplemental terms and conditions to the extent they are applicable:
Independant Private Domain Name Registration
JACO Digital complies fully with all privacy and proxy requirements under the current ICANN Registrar Accreditation Agreements (RAA) and participates actively in the in the process of development and implementation of privacy and proxy accredidation recommendations to ICANN.
1. JACO Digital PRIVACY SERVICES. As a domain registration customer of JACO Digital, upon your request for services and agreement to these supplemental terms and payment of all fees required herein, you may designate one or more Internet domain name registrations in the JACO Digital domain registration account within your control to be registered in the name of the JACO Digital Private Domains, as registrant. Your name, postal address, email address, phone and fax numbers shall be kept confidential, subject to Section 5 of this Agreement. The following information (and not your personal information) will be made publicly available in the “Whois” directory for each JACO Digital Domain:
- A JACO Digital email address, postal address and telephone and facsimile number for the registrant, administrative, technical, and billing contacts (“JACO Digital Addresses”);
- The primary and secondary domain name servers You designate for the JACO Digital Domain;
- The JACO Digital Domain’s original date of registration and expiration date;
- The identity of Your registrar, domain name JACO Digital (if different from registrar) and the status of the JACO Digital Domain with the registrar (such as, “active,” “Registrar Lock,” “clienthold,” etc.).
2. While You will not be listed as the registrant for the JACO Digital Domains, and other than as described in this Agreement, You will retain all rights to control Your JACO Digital Domain(s). You will retain the right to sell, transfer, or assign each JACO Digital Domain; You will retain the right to control and set the DNS settings for the JACO Digital Domain(s); You will retain the right to renew each JACO Digital Domain name registration upon expiration (subject to your registrar’s applicable rules and policies); and You will remain responsible to resolve any and all monetary or other legal claims that arise in connection with Your JACOPD Domain(s), subject to the remaining provisions of this Agreement. IMPORTANT: THE JACO Digital PRIVACY SERVICES ARE NOT A GENERAL MAIL FORWARDING SERVICE. You agree that You will not provide any third party with the JACO Digital Addresses for the purpose of having such third party transmit communications to you through JACO Digital for any reason other than for your JACO Digital Domain name registration(s). Third parties may obtain the JACO Digital Addresses listed in the Whois directory by their own initiative, but You agree that You will provide the JACO Digital Addresses to such third parties or directly, indirectly manually, electronically or otherwise direct them to any WHOIS index for the purpose of contacting you via the JACO Digital Addresses.
3. ACCURATE & CURRENT INFORMATION You agree that for each JACO Digital Domain, You will provide JACO Digital and maintain current and accurate, the following information:
- Your full name, postal address, email address, telephone number and fax number;
- The name, postal address, email address, phone and fax numbers for the JACO Digital Domain’s administrative, technical, and billing contacts;
- The primary and secondary domain name servers for the JACO Digital Domain;
- You agree to: (i) update this information immediately as it changes over time; (ii) respond within five (5) business days to any inquiries made by either JACO Digital to determine the validity of personal information provided by You; (iii) promptly respond to messages regarding correspondence addressed to or involving Your JACO Digital Domain(s), as more fully set forth in section 6 below. If You do not supply primary and secondary domain name servers, You agree that JACO Digital may point Your JACO Digital Domain(s) to an IP address of JACO Digital’s choosing until such time as You supply primary and secondary domain name servers.
4. RENEWALS AND FEES If You have selected automatic renewal of the JACO Digital Privacy Services through the account which you use to manage Your JACO Digital Privacy Services (“Your Account”), You agree i) that the JACO Digital Privacy Services shall be automatically renewed 30 days prior to the end of Your JACO Digital Privacy Services term, ii) that the JACO Digital will attempt to charge the credit card You have on file with the JACO Digital at the then current rates, and iii) You waive any requirement to obtain you ongoing affirmative consent to any such automatic renewal. If you do not wish to automatically renew the JACO Digital Privacy Services, You agree that the exclusive method for communicating this to the JACO Digital shall be by logging into Your Account to ensure that the auto-renewal or renewal option is not selected. You understand that You must do this at least 31 days prior to the end of the then current JACO Digital Service term. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date. If JACOPD is unable to collect renewal or other fees, you agree that a JACO Digital may contact You, but is not obliged to do so, and You agree that JACO Digital may suspend or terminate your JACO Digital Privacy Services as a result of inability to obtain payment. For domain name registrations which are serviced by a registrar other than a JACO Digital: If available as an option and if such option selected by You, You agree that either JACOPD shall be authorized to contact your domain name registration JACO Digital on Your behalf (and using the credit card provided by You) to renew the domain name registration of associated JACO Digital Domains. If JACO Digital elects to begin charging fee(s) to forward communications to You (see below), You agree that you may be required to pay such fees before the communications will be forwarded. JACOPD may change its service and forwarding fees at any time. JACO Digital may also charge reasonable fees for administrative tasks outside the scope of regular services. These may include, but are not limited to, customer service issues that require personal service and disputes that require legal services. You are responsible for paying all fees and taxes associated with using JACO Digital’s services. Payment shall be made by credit card unless other options are indicated in Your Account. You agree that charges may appear on the credit card statement under a descriptive provider identifier, such as “JACO Digital” or “Domain Name Registration Services.” Fees are non-refundable. If for any reason there is a charge back for any fee previously charged to the credit card by JACO Digital, You agree that JACO Digital may, without notice, pursue all available remedies in order to obtain payment. Without limitation on other remedies which may be available under such circumstances, You agree that JACO Digital may assume complete ownership of the JACOPD Domain(s), that the JACO Digital Domain(s) may be sold to third parties, or that the JACO Digital Domain(s) may be to pointed to IP numbers of JACO Digital’s choosing, and that JACO Digital may immediate cancel Your Account and all services provided to You. IMPORTANT TERMS REGARDING RELATIONSHIP OF TERM OF JACO Digital PRIVACY SERVICES AND REGISTRATION TERM OF AN ASSOCIATED JACO Digital DOMAIN: You understand that your JACO Digital Privacy Services term begins on the date Your attempt to procure the JACO Digital Privacy Services is accepted by the JACO Digital(s) and that it shall run for the unit of time which You order (typically, this would be one year). You understand that the JACO Digital Privacy Services term may be different than the registration term of the JACO Digital Domain which is associated with the JACOPD Privacy Services. If a JACO Digital Domain expires and is deleted before the end of the term of the associated JACO Digital Privacy Services, then the JACO Digital Privacy Services associated with the domain will end when the JACO Digital Domain is deleted and You understand that there will be no refund for any resulting unused portion of an JACO Digital Privacy Services term. If the JACO Digital Privacy Services term ends while the registration term for an JACO Digital Domain is still ongoing, then the JACO Digital Privacy Services will no longer be provided, the personal information specified in section 2 shall be listed in the WHOIS output for the (then former) JACO Digital Domain, and the communications forwarding services specified in section 6 will no longer be provided.
5. YOUR REPRESENTATIONS & WARRANTIES You represent and warrant that all information provided by You pursuant to this Agreement is truthful, complete, current and accurate and You represent and warrant that you will maintain all information in this status throughout the term of this Agreement. You also represent and warrant that You are using the JACO Digital Privacy Services in good faith and that You have no knowledge or reason to believe that Your JACO Digital Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name. You also warrant that neither the JACO Digital Privacy Services nor JACO Digital Domain(s) will be used in connection with any illegal or morally objectionable activity (as defined below in section 5), or, in connection with the transmission of unsolicited commercial email (“Spam”).
6. JACOPD’S SUSPENSION OR TERMINATION OF SERVICE AND DISCLOSURE OF YOUR PERSONAL INFORMATION In the event of any of the following:
- If the JACO Digital Domain(s) is (are) alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties;
- If you breach any provision of this Agreement or an anti-Spam policy of either JACO Digital;
- If You breach any provision of Your registrar’s Registration Agreement;
- If necessary to protect the integrity and stability of the applicable domain name registry;
- If necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement;
- If JACOPD is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Your use of the JACO Digital Privacy Services or an JACO Digital Domain;
- If necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude use of a private registration service);
- If necessary to avoid any financial loss or legal liability (civil or criminal) on the part of JACO Digital, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees;
- OR if it comes to JACO Digital’s attention that You are alleged to be using the JACO Digital Privacy Services for purposes of engaging in, participating in, sponsoring or hiding Your involvement in illegal or morally objectionable activities, including but not limited to, activities which are designed, intended to or otherwise: (i) appeal primarily to prurient interests; (ii) defame, embarrass, harm, abuse, threaten, or harass; (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, race, ethnicity, or are 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, timebombs 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, THEN
7. You understand and agree that JACO Digital has the absolute right and power, in its sole discretion and without any liability to You whatsoever, to suspend the JACO Digital Privacy Services, close Your Account, terminate provision of the JACO Digital Privacy Services, list the information You provided in section 2 in the Whois output or provide the information You provided in section 2 to a claimant, resolve any and all third party claims, whether threatened or made, arising out of Your use of JACO Digital Domain, or take any other action which JACO Digital deems necessary. In the event JACO Digital takes any of the actions set forth above or in the event You elect to cancel the JACO Digital Privacy Services for any reason, there will be no refund any fees paid by You for the JACO Digital Privacy Services. You also acknowledge and agree that JACO Digital may, in its sole discretion and without any liability to You whatsoever, cancel your JACO Digital Privacy Services during the first thirty (30) days after You procured the JACO Digital Privacy Services, and/or suspend Your rights under this Agreement and list the JACO Digital Addresses during resolution of a dispute or investigation of allegations.
8. FORWARDING COMMUNICATIONS You agree that JACO Digital may review communications sent to the JACOPD Addresses associated with Your JACO Digital Domain. For communications received via certified or traceable courier mail (such as UPS, FedEx, or DHL), or first class U.S. postal mail which does not appear to be unsolicited commercial mail, JACO Digital may either i) forward such communication to You or ii) may attempt to communicate to you a scanned copy of a page of the communication to ascertain Your desires with respect to forwarding the communication to You. You specifically acknowledge that JACO Digital may elect to not forward to You (nor to otherwise communicate with You) regarding first class postal mail or email, fax, postal mail or telephone communications which appear to be unsolicited communications which offer or advertise the sale of goods or services or which solicit charitable contributions, or communications which appear to arise from Your having used the JACOPD Privacy Services as a general mail forwarding service (see section 1, above). You authorize JACO Digital to either discard all such communications or return all such communications to sender unopened. You agree to waive any and all claims arising from Your failure to receive communications directed to Your domain name but not forwarded to You by JACO Digital, including failures which arise from JACO Digital’s mistake in judging whether a communication appears to be an unsolicited communication. Email. The Whois directory generally requires an email address for every purchased domain name registration. When You purchase JACO Digital Privacy Services, JACO Digital creates an email address for that domain, “firstname.lastname@example.org”. Thereafter, when messages are sent to the email address listed in the JACO Digital Address, JACO Digital forwards such messages to the email address You listed in section 2. If such email address becomes non-functioning or if email to such address bounces, JACO Digital is not obligated to attempt to contact You through other means. You agree that JACO Digital may elect, in JACO Digital’s sole discretion, to allow You to access Your Account and view email sent to the JACO Digital Addresses, though such alternative means of servicing Your Account is an option and not a requirement. Your Obligation to Respond to communications from the JACO Digital: When JACO Digital receives a communication which may warrant forwarding to You, per the terms of this Agreement, JACO Digital will send an email to the email address You provided to JACO Digital pursuant to section 2. The email message will identify the sender of the correspondence and the date received. As an alternative, You agree that JACO Digital may allow you to access Your Account to view full or partial scanned copies of (non-email) communications sent to the JACO Digital Addresses and that You may be required to interact with Your Account to have the physical originals of such communications forwarded to You and that if You do not interact with Your Account in the ways indicated upon accessing Your Account, that the communications may not be forwarded to You. In either event, You will have seventy-two (72) hours to decide whether to have the communication(s) forwarded. If you do not respond within this time period, the communication(s) will not be forwarded. Method of forward will be determined by JACO Digital. Communication(s) may not be immediately forwarded upon Your election; there may be a delay and communication(s) may be aggregated to be forwarded together. The JACO Digital may begin charging fees for forwarding communications or may change the method by which communications are forwarded without written notice. In the event You do not respond to communications from the JACO Digital regarding communications received at the JACO Digital Address, JACO Digital may immediately reveal the information You provided pursuant to section 2 and/or cancel the JACO Digital Privacy Services regarding either the JACO Digital Domain in question or with respect to all of Your JACO Digital Domains, depending on the circumstances. This means the Whois directory will revert to displaying Your name, postal address, email address and phone number. This action would be taken because JACO Digital will not become involved in any legal or other matters between You and third parties.
9. LIMITATION OF LIABILITY. UNDER NO CIRCUMSTANCES SHALL EITHER THE PRIMARY REGISTRAR OR JACO DIGITAL BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE JACO DIGITAL PRIVACY SERVICES, YOUR USE OR INABILITY TO USE THE PRIMARY REGISTRAR’S OR JACO DIGITAL’S WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO JACO DIGITAL OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF EITHER THE PRIMARY REGISTRAR OR JACOPD HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, THE PRIMARY REGISTRAR AND JACO DIGITAL’S LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW. You further understand and agree that the Primary Registrar and JACO Digital disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or mis-delivery between You and JACOPD; (iv) the failure for whatever reason to renew the JACO Digital Privacy Services; (v) the unauthorized use of Your Account or any of the JACO Digital Privacy services; (vi) errors, omissions or misstatements by either JACO Digital; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your JACO Digital Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not). YOU AGREE THAT, IN ANY EVENT, THE PRIMARY AND JACO DIGITAL’S RESPECTIVE MAXIMUM LIABILITY TO YOU SHALL BE CAPPED BY THE LESSER OF THE AMOUNT OF FEES PAID BY YOU TO EACH JACO DIGITAL IN THE PRECEDING YEAR WITH RESPECT TO THE SERVICES WHICH GAVE RISE TO THE LIABILITY OR $100.00 PER JACO DIGITAL DOMAIN.
- INDEMNITY You agree to release, defend, indemnify and hold harmless the Primary Registrar and JACO Digital, and their parent companies, partners, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to this Agreement, JACO Digital Privacy Services, the web sites of JACO Digital, Your Account, and/or Your use of Your JACO Digital Domain.
- JACO DIGITAL’s WARRANTY DISCLAIMER. JACO DIGITAL, ITS PARENT COMPANIES, PARTNERS, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE WEB SITES OF THE JACO DIGITAL OR ANY WEB SITES LINKED TO SUCH WEB SITES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL JACO DIGITAL PRIVACY SERVICES, AS WELL AS THE JACOPD WEB SITE, ARE PROVIDED “AS IS”. YOUR SUBSCRIPTION TO AND USE OF JACOPD’S SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
- MISCELLANEOUS PROVISIONS
- Severability; Construction; Entire Agreement. You agree that if any part of this Agreement shall be held to be illegal, unenforceable or invalid, in whole or in part, such provision shall be modified to the minimum extent necessary to make it legal, enforceable and valid, and the legality, enforceability and validity of the remaining provisions of this Agreement shall not be affected or impaired. The headings herein will not be considered a part of this Agreement. You agree that this Agreement, including the policies it incorporates by reference, constitute the complete and only Agreement between You and JACO Digital regarding the services contemplated herein.
- Governing Law; Venue; Waiver Of Trial By Jury. This Agreement shall be governed in all respects by the laws of the State of California, excluding its conflicts of laws rules. You agree that any action relating to or arising out of this Agreement, shall be brought exclusively in the State of Federal Courts located in Los Angels, California. You further agree that venue shall be proper in such jurisdiction, and you agree to waive any objection you may have to jurisdiction and venue in such forum. You agree to waive the right to trial by jury in any proceeding, regardless of venue, that takes place relating to or arising out of this Agreement and You agree that service upon You may be accomplished by depositing the summons and complaint in the United States mail, first-class mail, postage pre-paid, addressed to the address provided by you in section 2, which service shall be deemed to be effective five days after deposit.
Term of Agreement; Survival. The term of this Agreement begins on the first date which You attempt to procure the JACO Digital Privacy Services. The term shall run for the unit of time which You ordered when You procured the JACO Digital Privacy Services, unless terminated or suspended sooner according to the terms of this Agreement. Sections 6 (Forwarding Communications), 7 (Limitation of Liability), 8 (Indemnity), 9 (Warranty Disclaimer) and 11 (Miscellaneous Provisions) shall survive any termination or expiration of this Agreement.