General Terms and Conditions for Domain Names Registered by Third Parties

Frakes on a Plane – Domain Name Terms and Conditions
General Conditions
By ticking into the box next to the text “I confirm that I have read and agree to the Terms and Conditions” and pressing the “Continue” button REGISTRANTS (as defined below) are deemed to have accepted the following terms and conditions (together the “Conditions”) which set out the terms under which Frakes on a Plane (“PROVIDER”) will provide the Services to REGISTRANTS.

You acknowledge that “PROVIDER” may amend the Conditions at any time without REGISTRANTS’ prior consent by posting the amended terms and conditions on blog.jothan.com and any new, different or additional features changing the Services will automatically be subject to these Conditions. REGISTRANTS’ continued use of the Services after any such changes to the Conditions shall constitute REGISTRANTS’ acceptance of those changes.

1. DEFINITIONS
1.1. The definitions and rules of interpretation in this condition apply in the Conditions:
1.1.1. “Account Details” means the details that REGISTRANTS give to PROVIDER when REGISTRANTS create an account with PROVIDER.
1.1.2. “Back Order” means a request made by REGISTRANTS to PROVIDER for a Domain Name which is not available for registration at the time REGISTRANTS make such a request, but which PROVIDER will monitor and as soon as it becomes available for registration PROVIDER will attempt to register the Domain Name for REGISTRANTS.
1.1.3. “Chargeback” means a situation where PROVIDER have initially received payment from You, but that payment has been subsequently rejected by REGISTRANTS or REGISTRANTS’ credit or debit card issuer and the payment sums are returned to REGISTRANTS.
1.1.4. “Consumer” REGISTRANTS are a consumer if REGISTRANTS are an individual not: (a) registering, using or planning to use the Requested Domain as part of a business trade or profession; (b) purchasing a Domain Name during a “Sunrise” or “Landrush” period as defined in the Domain Name Conditions for the Domain Name Registry (c) at PROVIDER’s sole discretion, purchasing a Domain Name for financial or commercial gain, including, without limitation, for the sole purpose of placing advertisements on the Domain Name. REGISTRANTS shall not be treated as a consumer under the contract if REGISTRANTS have purchased or are the registered holder of 100 or more Domain Names.
1.1.5. “Contract” means the contract between REGISTRANTS and PROVIDER formed by REGISTRANTS’ acceptance of the Conditions by ticking into the box next to the text “I confirm that I have read and agree to the Terms and Conditions” and pressing the “Continue” button during the process by which REGISTRANTS create an account with PROVIDER.
1.1.6. “Control Panel” means the Control Panel which may be provided by PROVIDER in the “Members Area” at http://blog.jothan.com that may allow REGISTRANTS to manage the Requested Domain.
1.1.7. “Dispute Resolution Policy” means any relevant dispute resolution policy including, but without limitation, the aeDRP, auDRP, ADRP, UDRP, the Nexus Dispute Policy and Nominet’s DRS.
1.1.8. “Domain Name” means an Internet top level domain name capable of registration through PROVIDER.
1.1.9. “Domain Name System” means the domain name system which translates numerical Internet protocol addresses into domain names.
1.1.10. “Expiration Date” means the date set out in the WHOIS search result from the respective authorized registry for a domain or any other WHOIS database which may be nominated by PROVIDER from time to time for the expiration of the registration of the Requested Domain.
1.1.11. “Fees” means PROVIDER’s fees as clearly stated in any cart presentation or welcome message derived from a purchase.
1.1.12. “Initial Period” means the period of registration of the Requested Domain from the date of registration to the first Expiration Date of the Requested Domain.
1.1.13. “Intellectual Property Rights” means all patents, copyright and related rights, trademarks, service marks, moral rights, rights in confidential information and any other intellectual property rights in each case whether registered or unregistered and including all applications for and renewals or extensions of such rights and all similar or equivalent rights or forms of protection in any part of the world.
1.1.14. “Name Servers” means computers that provide specific translation information in the Domain Name system.
1.1.15. “Privacy Policy” means the privacy policy that can be found on this site.
1.1.16. “Registry” means the organization which operates the zone file converting Domain Names to Internet protocol addresses for a top level Domain Name.
1.1.17. “Renewal” means the renewal of the Requested Domain in REGISTRANTS’ name with the Registry for the period specified in the “Renewal Preferences” section of REGISTRANTS’ Control Panel.
1.1.18. “Renewal Fee” means PROVIDER’s fees as set out in the renewal price list, available upon request from PROVIDER.
1.1.19. “Requested Domain” means the Domain Name REGISTRANTS ask PROVIDER to register.
1.1.20. “Sales Tax” means a consumption tax charged at the point of purchase for goods and services.
1.1.21. “Services” means the services set out in clause 2.1 as amended from time to time.
1.1.22. “Transfer Fee” means a the fee paid for processing a domain name transfer.
1.1.23. “Whois” means a domain name search tool for an Internet top level domain name registry database.
1.1.24. “REGISTRANT” or “REGISTRANTS” means specifically the person who is entering into this Contract with PROVIDER and who the Requested Domain will be registered for.
1.2. Headings in these conditions shall not affect their interpretation.
1.3. A person includes a natural person, corporate or unincorporated body (whether or not having separate legal personality).
1.4. Words in the singular include the plural and in the plural include the singular.
1.5. A reference to a statute or statutory provision is a reference to it as it is in force for the time being, taking account of any amendment, extension, or re-enactment and includes any subordinate legislation for the time being in force made under it.
1.6. Any obligation in the Contract on a person not to do something includes, without limitation, an obligation not to agree, allow, permit or acquiesce in that thing being done.
2. PROVISION OF SERVICES
2.1. PROVIDER will provide to REGISTRANTS the following Services in accordance with the Conditions:
2.2. The Services shall include (but shall not be limited to):
2.2.1. registering the Requested Domain;
2.2.2. processing the Renewal;
2.2.3. managing the information maintained in whois in relation to the Requested Domain;
2.2.4. providing a Control Panel to allow REGISTRANTS to manage the Requested Domain;
2.2.5. providing telephone and e-mail support for the Services between the times identified in the welcome correspondence for REGISTRANTS, at PROVIDER’s sole discretion;
2.2.6. providing inbound and outbound transfer support to REGISTRANTS.
2.2.7. providing relevant software, hardware and infrastructure maintenance and upgrades at PROVIDER’s sole discretion and without a requirement on PROVIDER to give notice to REGISTRANTS of such maintenance or upgrades.
2.3. Without prejudice to PROVIDER’s other rights and remedies, PROVIDER may at PROVIDER’s sole discretion suspend the provision of the whole or any part of the Services (temporarily or permanently) and will have no liability to provide the Services on the occurrence of any of the following events:
2.3.1. an event of Force Majeure as set out in clause 11.3;
2.3.2. upgrade or maintenance of PROVIDER’s or the Requested Domain Registry’s IT systems, but PROVIDER will restore the provision of the affected Services as soon as reasonably practicable following the suspension;
2.3.3. the issue by any court of competent jurisdiction or other competent authority (including, but without limitation, a person appointed under a Dispute Resolution Policy for the determination of a dispute) of an order which is binding on PROVIDER which has the effect of suspending PROVIDER’s Services; or
2.3.4. if REGISTRANTS fail to pay any Fees or any other sums owing by REGISTRANTS to PROVIDER when they fall due.
2.4. To the fullest extent permitted by law and save as provided elsewhere in the Conditions, the Services are provided by PROVIDER on an “as is” and “as available” basis and no warranty or representation (express or implied) of any kind is given that the Services will be provided on an uninterrupted, timely, secure or error-free basis.
3. NATURE OF DOMAIN NAMES, RENEWAL AND REDEMPTION
3.1. REGISTRANTS acknowledge that REGISTRANTS will not rely on the registration or continued registration of the Requested Domain until confirmation of completion of registration of the Requested Domain is notified to REGISTRANTS by way of the Requested Domain appearing in REGISTRANTS’ Control Panel in the “Manage Domains” box and showing as registered status.
3.2. Subject to clause 3.3 PROVIDER will automatically renew the Requested Domain on or before the Expiration Date and PROVIDER will charge REGISTRANTS the Renewal Fee at the single rate shown on pricing sheet which accompanied purchase (which shall be non-refundable) for such renewal.
3.3. PROVIDER will notify REGISTRANTS in advance, to the email address provided by REGISTRANTS to PROVIDER with REGISTRANTS’ Account Details, that the Requested Domain is approaching its Expiration Date and when it will be automatically renewed by PROVIDER. REGISTRANTS must notify PROVIDER if REGISTRANTS do not wish to renew the Requested Domain. Alternatively REGISTRANTS may alter the setting in REGISTRANTS’ Control Panel to deactivate the automatic renewal process before the date notified to REGISTRANTS by PROVIDER, when the Requested Domain will be renewed, if REGISTRANTS do not want to renew the Requested Domain or wish to renew the Requested Domain manually.
3.4. If the Requested Domain passes its Expiration Date and has not been renewed REGISTRANTS acknowledge that at PROVIDER’s discretion PROVIDER may:
3.4.1. renew the Requested Domain on REGISTRANTS’ behalf; and
3.4.2. change the Requested Domain’s Name Servers to PROVIDER’s Name Servers, and display advertising on the Requested Domain and collect and retain any revenue generated from such advertising.
3.5. If PROVIDER decide to renew the Requested Domain after the Expiration Date REGISTRANTS have the right for a period of 16 days after the Expiration Date to pay PROVIDER the Renewal Fee. On receipt of the Renewal Fee by PROVIDER within the 16 day period, REGISTRANTS will retain ownership of the Requested Domain and as soon as reasonably practicable PROVIDER shall restore the Requested Domain to REGISTRANTS’ Control Panel.
3.6. If PROVIDER do not receive the Renewal Fee within the 16 day period stipulated at clause 3.5 PROVIDER shall have the right:
3.6.1. in PROVIDER’s sole discretion to terminate the Contract and change ownership of the Requested Domain; and/or
3.6.2. to place the Requested Domain on hold and mark it for deletion at PROVIDER’s sole discretion. REGISTRANTS will then have the right for a period of time (which will end between 65 and 74 days after the Expiration Date, (when the Requested Domain is placed on hold and marked for deletion) the “Notified Period”) to redeem the Requested Domain upon payment of an administration fee of 500.00 USD , which shall include all redemption charges. On receipt of the administration fee of 500.00 USD by PROVIDER within the Notified Period, REGISTRANTS will retain ownership of the Requested Domain and as soon as reasonably practicable PROVIDER shall restore the Requested Domain to REGISTRANTS’ Control Panel.
3.7. REGISTRANTS acknowledge and agree that all Requested Domains stored on PROVIDER’s Name Servers may be subject to advertisements provided specifically to PROVIDER for this purpose by Google or other third parties specifically approved by PROVIDER and that PROVIDER may collect and retain any revenue generated from such advertising. REGISTRANTS can opt out of these advertisements at any time prior to the Expiration Date of the Requested Domain by altering the preferences in REGISTRANTS’ Control Panel on PROVIDER’s site.
3.8. REGISTRANTS acknowledge and agree that REGISTRANTS will not bring or pursue any claim against Google or any other third party approved by PROVIDER who places advertisements on your Requested Domain arising from the placement by them of any advertising on the Requested Domain.
3.9. REGISTRANTS acknowledge and agree that REGISTRANTS retain no legal or equitable ownership of or interest in any Intellectual Property Rights subsisting in any advertising placed on the Requested Domain by Google or any other third party approved by PROVIDER.
4. YOUR OBLIGATIONS
4.1. REGISTRANTS shall:
4.1.1. comply at all times with any terms and conditions, rules and regulations or similar which govern the use or registration of the Requested Domain Name whether issued by a Registry or otherwise;
4.1.2. notify PROVIDER immediately if REGISTRANTS know or have reason to suspect that there has been any unauthorized use of the Services;
4.1.3. notify PROVIDER immediately if REGISTRANTS know or have reason to suspect that there is or may be any court proceedings or other proceedings (including but without limitation any complaint, proceedings or similar under any Dispute Resolution Policy) which involve the Requested Domain;
4.1.4. ensure that PROVIDER have REGISTRANTS’ correct name, postal address, phone, fax and email information and credit card details at all times;
4.1.5. provide identification, documentary evidence and information that PROVIDER reasonably require in order to be able to carry out the Services and REGISTRANTS agree that PROVIDER may keep copies of any identification and documentary evidence on PROVIDER’s files for the purposes of providing and maintaining the Services;
4.1.6. notify PROVIDER of the authorized representatives whose instructions PROVIDER may accept on REGISTRANTS’ behalf;
4.1.7. not use or suffer the Services to be used for any unlawful purpose or for the publication of, linking to, issue or display of, any unlawful material including any software which is pirated or which breaches any Intellectual Property Rights or any material which is obscene, pornographic, threatening, malicious, harmful, abusive, defamatory or which breaches the rights including Intellectual Property Rights of any third party or which is or encourages criminal acts or contains any virus, worm, Trojan horse or other harmful code whether under English law or regulations, the laws or regulations of REGISTRANTS’ country or of any other location where the results of such purpose or the material in question can be accessed;
4.1.8. not use or suffer the Services to be allowed to be used in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to the sending of unsolicited e-mails, “mail bombing” or the impersonation of another person whether living or dead; and
4.1.9. not use the services of any third party for the purposes, in breach of generally accepted standards and codes of practice for the use of the Internet, including but not limited to: the sending of unsolicited e-mails, “mail bombing”, the impersonation of another person whether living or dead, or the publication of, linking to, issue or display of any material that refers to PROVIDER or any of PROVIDER’s products or services without PROVIDER’s prior written consent.
4.2. REGISTRANTS agree and acknowledge that:
4.2.1. PROVIDER are under no obligation to register or continue to process a registration for a Requested Domain;
4.2.2. PROVIDER have made no representations or warranties to REGISTRANTS as to the availability of a Requested Domain;
4.2.3. the registration of the Requested Domain is subject to any registration requirements of a specific Registry and REGISTRANTS will comply with all of the terms and conditions of that Registry;
4.2.4. PROVIDER have the right to pass on any additional charges made by a Registry in order to register, renew or maintain howsoever the Requested Domain;
4.2.5. PROVIDER are not liable for the actions of any Registry which affect the Requested Domain whether before, during or after the domain name registration or renewal process; and
4.2.6. in the event of a Chargeback by REGISTRANTS’ credit card company or other credit institution PROVIDER shall have the immediate right at our sole discretion to take ownership of the Requested Domain and suspend provision of the Services. Where PROVIDER exercise PROVIDER’s right under this clause 4.2.6, the Services will be reinstated and ownership of the Requested Domain put into REGISTRANTS’ name upon payment by REGISTRANTS to PROVIDER of our Fees and a reinstatement fee of 150.00 USD .
5. BACK ORDERS
5.1. By placing a Back Order REGISTRANTS acknowledge and agree that:
5.1.1. PROVIDER have made no representations or warranties to REGISTRANTS that PROVIDER will be able to register REGISTRANTS’ Back Order requested Domain Name;
5.1.2. REGISTRANTS will not hold PROVIDER liable in any way whatsoever if PROVIDER are unable to register REGISTRANTS’ Back Order requested Domain Name;
5.1.3. the Back Order Fees are applicable to REGISTRANTS and subject to clause 10.5, will not be refunded if PROVIDER are unable to register REGISTRANTS’ Back Order requested Domain Name ; and
5.1.4. REGISTRANTS’ Back Order is only valid for the period which commences from the date that REGISTRANTS’ Back Order request is accepted by PROVIDER and terminates on the Expiration Date of REGISTRANTS’ Back Order requested Domain Name as set out in the WHOIS search result as at the date REGISTRANTS’ Back Order request is made.
6. WARRANTIES
6.1. By entering into this Contract REGISTRANTS warrant that:
6.1.1. all the identity, contact and credit card information supplied to PROVIDER by REGISTRANTS in accordance with clause 4.1.4 is correct, current and complete;
6.1.2. all passwords or any other identifiers that REGISTRANTS use in connection with the Services will at all times be kept confidential, used properly and will not be disclosed to any unauthorized person;
6.1.3. any activity carried out in connection with the Services which requires the use of passwords or other identifiers will be carried out by REGISTRANTS or someone authorized to act on REGISTRANTS’ behalf;
6.1.4. REGISTRANTS accept full liability for all actions done, charges incurred and losses suffered by REGISTRANTS for any activity carried out in connection with the Services which requires the use of REGISTRANTS’ passwords or other identifiers, whether carried out with REGISTRANTS’ authorization or not;
6.1.5. REGISTRANTS have all necessary permissions, licenses and consents to use the Services and register the Requested Domain and that by registering the Requested Domain and using the Services REGISTRANTS will not infringe any Intellectual Property Rights of any other person or entity;
6.1.6. REGISTRANTS will obtain all necessary permissions, licenses and consents that may be or are required from time to time to enable PROVIDER to provide REGISTRANTS with Services;
6.1.7. REGISTRANTS will not use the Services or allow them to be used for the publication, web forwarding, linking to, issue of or display of any material which in PROVIDER’s absolute discretion may harm PROVIDER, PROVIDER’s reputation or otherwise bring PROVIDER into disrepute; and
6.1.8. REGISTRANTS will comply fully with the Dispute Resolution Policy and agree to any decision resulting therefrom.
7. INDEMNITY
7.1. REGISTRANTS will fully indemnify and keep PROVIDER and PROVIDER’s officers, partners, employees and agents fully indemnified against all liabilities, costs, claims, expenses, demands, damages, penalties and losses (including professional costs and expenses) whether directly or indirectly suffered or incurred by PROVIDER arising out of or connected with:
7.1.1. REGISTRANTS’ breach of the Contract; or
7.1.2. REGISTRANTS’ breach of any warranty given in clause 5; or
7.1.3. any use or misuse of the Services as a result of or attributable to REGISTRANTS’ actions; or
7.1.4. the Requested Domain.
8. FEES AND PAYMENT
8.1. Any sums payable by REGISTRANTS to PROVIDER under this Contract are exclusive of VAT or any other Sales Tax and shall be made in the currency stated at time of sale.
8.2. All sums payable to PROVIDER under this Contract shall be paid in full without any deduction set-off or withholding other than as required by law. REGISTRANTS shall not be entitled to assert any credit, set-off or counterclaim against PROVIDER in order to justify withholding payment of any such amount in whole or in part.
8.3. PROVIDER are under no obligation to commence the Services, unless and until PROVIDER have received the required Fees and any other sums outstanding from REGISTRANTS to PROVIDER.
8.4. PROVIDER may at PROVIDER’s discretion retain ownership of the Requested Domain until all Fees and sums owed to PROVIDER by REGISTRANTS have been received in full and cleared funds.
8.5. Where REGISTRANTS authorize the payment of any Fees by credit card, PROVIDER may deduct other amounts becoming payable under this Contract under that credit card without obtaining additional or further authorization from REGISTRANTS.
8.6. Where REGISTRANTS have registered more than one credit card with PROVIDER, PROVIDER will take the Fees in the order of preference REGISTRANTS designate to them in REGISTRANTS’ Control Panel.
8.7. Subject to clause 10.5 PROVIDER will not provide credit notes or refunds.
8.8. For the avoidance of doubt and subject to clause 10.5, once a request for a Requested Domain has been placed, including any Renewals or Back Orders, REGISTRANTS do not have the right to cancel such request.
9. LIABILITY
9.1. Nothing in this Contract excludes or limits PROVIDER’s liability for death or personal injury caused by PROVIDER’s negligence or any damage or liability incurred by REGISTRANTS as a result of fraud or fraudulent misrepresentation by PROVIDER.
9.2. PROVIDER will not be liable to REGISTRANTS in contract, tort or otherwise, including negligence for any direct or indirect immediate or consequential loss, damage, costs, expenses or other claims arising out of or in connection with this Contract for:
9.2.1. loss of profit;
9.2.2. loss of business, contracts or revenue;
9.2.3. loss of expected savings or goodwill;
9.2.4. loss of registration or use, or both (for whatever reason) of the Requested Domain.
9.3. Subject to clause 9.1 PROVIDER’s total liability to You, whether under these Conditions or otherwise, including liability for negligence, shall be no more than $7,500(USD).
9.4. All conditions, warranties or other terms which might have effect between REGISTRANTS and PROVIDER or be implied or incorporated into this Contract whether by statute, common law or otherwise are hereby excluded to the fullest extent permitted by law, including without limitation any implied conditions or warranties.
10. TERMINATION
10.1. PROVIDER will provide the Services to REGISTRANTS for the Initial Period and will continue to provide them beyond the Initial Period, subject to termination in accordance with this clause 10.
10.2. Following the Initial Period either party may terminate the Contract by giving 30 days written notice to the other.
10.3. Without prejudice to any other rights or remedies which PROVIDER may have, PROVIDER may terminate the Contract without liability to REGISTRANTS immediately on giving notice to REGISTRANTS if REGISTRANTS fail to pay PROVIDER any sum due under the Contract on the due date for payment and REGISTRANTS remain in default not less than seven days after being notified in writing to make such payment.
10.4. Without prejudice to any other rights or remedies which the parties may have, either party may terminate the Contract without liability to the other immediately on giving notice to the other if:
10.4.1. the other party commits a material breach of any of the terms of the Contract and (if such a breach is remediable) fails to remedy that breach within 30 days of that party being notified in writing of the breach; or
10.4.2. the other party (being a company) is deemed unable to pay its debts within the meaning of section 123 of the Insolvency Act 1986 or (being a natural person) is deemed either unable to pay its debts or has no reasonable prospect of so doing, in either case, within the meaning of section 268 of the Insolvency Act 1986; or
10.4.3. the other party has a receiver, manager, administrator or administrative receiver appointed over its assets or income, has passed a resolution for its winding-up, or has a petition presented to any court for its winding-up or an administration order; or
10.4.4. the other party suspends or ceases, or threatens to suspend or cease, to carry on all or a substantial part of its business.
10.5. Subject to clause 10.7, if REGISTRANTS are a Consumer REGISTRANTS have the right to cancel the Contract by notice to PROVIDER in writing within 7 days and receive a full refund at no additional cost from either; the date the Contract is formed, or the date that REGISTRANTS receive confirmation from PROVIDER that the Contract is formed, whichever is the later.
10.6. For the purposes of clause 10.5, the date the Contract is formed shall be the date on which REGISTRANTS place a tick into the box next to the text “I confirm that I have read and agree to the Terms and Conditions” and press the “Continue” button thereby granting REGISTRANTS’ consent for the Services to commence.
10.7. REGISTRANTS will no longer have the right to cancel the Contract set out in clause 10.5 once PROVIDER have commenced the Services with REGISTRANTS’ consent. For the purposes of this clause REGISTRANTS’ consent will be deemed to be given upon REGISTRANTS pressing the “Place Order” button.
10.8. Due to the real time nature of domain name registrations, where following termination PROVIDER are unable to cancel any registration or Renewal of the Requested Domain, PROVIDER may make a minimum charge to REGISTRANTS to cover costs incurred by PROVIDER to the Registry for registering the Requested Domain.
10.9. On termination of the Contract for any reason REGISTRANTS agree that:
10.9.1. PROVIDER shall have the right at PROVIDER’s sole discretion to immediately delete REGISTRANTS’ account with PROVIDER;
10.9.2. REGISTRANTS’ entitlement to use any of PROVIDER’s Services will immediately cease;
10.9.3. unless REGISTRANTS have transferred the Requested Domain to another domain name registration service PROVIDER prior to termination:
10.9.3.1. any and all of REGISTRANTS’ accrued and future rights, including rights in any accrued and future goodwill, in the Requested Domain shall immediately cease; and
10.9.3.2. REGISTRANTS shall have not have any title to or any licence to the whole or any part of the Requested Domain and full ownership and title in the Requested Domain shall immediately revert to PROVIDER.
11. GENERAL
11.1. Confidential Information
11.1.1. Each party undertakes that it shall not at any time disclose to any person any confidential information concerning the business, affairs, customers, clients or suppliers of the other party, except as permitted by clause 11.1.2.
11.1.2. Each party may disclose the other party’s confidential information:
11.1.2.1. to its employees, officers, representatives or advisers who need to know such information for the purposes of carrying out the party’s obligations under this Contract. Each party shall ensure that its employees, officers, representatives or advisers to whom it discloses the other party’s confidential information comply with this clause 11.1.2.1; and
11.1.2.2. as may be required by law, court order, Dispute Resolution Policy or any governmental or regulatory authority.
11.1.3. No party shall use any other party’s confidential information for any purpose other than to perform its obligations under this Contract.
11.2. Intellectual Property
11.2.1. REGISTRANTS acknowledge and agree that REGISTRANTS will not own or acquire ownership of any Intellectual Property Rights in or relating to the Requested Domain or Services other than those rights expressly granted by this Contract.
11.3. Force Majeure
11.3.1. Neither party shall have any liability under or be deemed to be in breach of this Contract for any delays or failures in performance of this Contract which result from circumstances beyond the reasonable control of that party (a “Force Majeure”). The party affected by such circumstances shall promptly notify the other party in writing when such circumstances cause a delay or failure in performance and of when they expect the circumstances to cease to do so. If such circumstances continue for a continuous period of more than 90 days, either party may terminate this Contract by written notice to the other party.
11.4. Data Protection
11.4.1. Any personal data that PROVIDER obtain from REGISTRANTS during the provision of the Services will be held by PROVIDER in accordance with PROVIDER’s Privacy Policy.
11.4.2. Without prejudice to Clause 10.4.1 REGISTRANTS acknowledge and agree:
11.4.2.1. that any personal data that REGISTRANTS provide to PROVIDER for the purposes of registering the Requested Domain will be provided to the Registry in order to complete registration formalities;
11.4.2.2. that details of REGISTRANTS’ name, address and payment record may be submitted to a credit reference agency for the purposes of checking your credit worthiness; and
11.4.2.3. that subject to Clause 3.6 PROVIDER may disclose REGISTRANTS’ personal data to Google or any third party approved by PROVIDER to the extent required to generate and place advertisements on the Requested Domain.
11.5. Amendments
11.5.1. PROVIDER have the right to amend this Contract at any time by giving REGISTRANTS Notice (as defined below in clause 11.10). Any such Notice shall not take effect for 28 days. After the 28 day notice period has elapsed any amendments specified in the Notice shall take immediate effect.
11.5.2. REGISTRANTS may request an amendment to this Contract by giving PROVIDER Notice in accordance with clause 11.10.3.
11.5.3. PROVIDER reserve the right not to agree or incorporate into these terms and conditions any amendments that REGISTRANTS may propose pursuant to clause 11.5.2.
11.6. Assignment
11.6.1. REGISTRANTS may not, without PROVIDER’s prior written consent (such consent not to be unreasonably withheld), assign, transfer, mortgage, charge, declare a trust of or deal in any other manner with this Contract or any of the rights and obligations under or arising out of this Contract (or any document referred to in it), or purport to do any of the same. REGISTRANTS may not subcontract or delegate in any manner any or all of REGISTRANTS’ obligations under this Contract to any third party or agent.
11.6.2. PROVIDER may, at any time, assign (absolutely or by way of security and in whole or in part), transfer, mortgage, charge or deal in any other manner with the benefit of any or all of PROVIDER’s obligations or any benefit arising under or out of this Contract.
11.7. Entire Agreement
11.7.1. This Contract contains the whole agreement between the parties in respect of the subject matter of this Contract and supersedes and replaces any prior written or oral agreements, representations or understandings between them relating to such subject matter. The parties confirm that they have not entered into this Contract on the basis of any representation that is not expressly incorporated into this Contract.
11.8. Waiver
11.8.1. No failure or delay by PROVIDER in exercising any right, power or privilege under this Contract shall impair the same or operate as a waiver of the same nor shall any single or partial exercise of any right, power or privilege preclude any further exercise of the same or the exercise of any other right, power or privilege. The rights and remedies provided in this Contract are cumulative and not exclusive of any rights and remedies provided by law.
11.9. Severance
11.9.1. If any provision of this Contract is prohibited by law or judged by a court to be unlawful, void or unenforceable, the provision shall, to the extent required, be severed from this Contract and rendered ineffective as far as possible without modifying the remaining provisions of this Contract, and shall not in any way affect any other circumstances of or the validity or enforcement of this Contract.
11.10. Notices
11.10.1. Any notice required to be given by PROVIDER under this Contract or otherwise, shall be emailed to REGISTRANTS at the email address as given to PROVIDER by REGISTRANTS in accordance with this Contract and shall be posted to REGISTRANTS’ Control Panel in the “Your Communications” section of “Manage REGISTRANTS’ Account”.
11.10.2. Any notice given in accordance with clause 11.10.1 shall be deemed to have been duly received:
11.10.2.1. if sent by e-mail, when read; or
11.10.2.2. if posted to REGISTRANTS’ Control Panel in the “Your Communications” section of “Manage REGISTRANTS’ Account”, 14 days after such posting, whereafter any provisions contained in such notice shall be deemed to take effect immediately save for the provisions of clause 11.5.1.
11.10.3. Any notice required to be given by REGISTRANTS under this Contract, shall be in writing, signed by a duly authorised representative and shall be sent by pre-paid first-class post or recorded delivery or by commercial courier, to the other party at its address as set out below:
11.10.3.1. Managed by: Jothan Frakes, 313 South 219th Street, Normandy Park, Washington, 98198 USA. or as otherwise notified by PROVIDER in accordance with the provisions of this clause 11.10.
11.10.4. Any notice given in accordance with clause 11.10.3 shall be deemed to have been duly received if sent by pre-paid first-class post or recorded delivery, at on the two days after posting; or if delivered by commercial courier, on the date and at the time that the courier’s delivery receipt is signed.
11.11. Third parties
11.11.1. Save for those rights given to contracted third parties, any other provision of this Contract is not intended to, and does not, give any person who is not a party to it any right to enforce any of its provisions.
11.12. Law and jurisdiction
11.12.1. Save as provided in the Domain Name Conditions, this Contract, and any dispute or claim arising out of or in connection with it or its subject matter, shall be governed by, and construed in accordance with US law
11.12.2. The parties irrevocably agree that King County, WASHINGTON, USA shall be the venue and jurisdiction to settle any dispute or claim that arises out of, or in connection with, this Contract or its subject matter.