Tailor Brand Domain Name Agreement
Welcome to the Tailor Brands Ltd. and its affiliates (the “Company” or “Tailor Brands”) domain name agreement (this “Agreement”). Please take the time to read this agreement carefully. This Agreement is entered into by and between the Company and any legal entity who accepts this Agreement (“you” or “your”) and is made effective as of the date of your electronic acceptance.
1.1. Upon your request and further subject to this Agreement, the Company will resell an Internet domain name or renew an existing domain name on your behalf (collectively, the “Domain Name”) as a reseller of GoDaddy, the Company’s domain name registrar (the “Services” and “GoDaddy”, respectively).
1.2. The Company may change or modify this Agreement, at any time and in its sole discretion, and such changes or modifications will be effective immediately upon posting to the Company’s website. If you do not agree to be bound by this Agreement, as last revised, you may not use the Services.
1.3. It is the Company’s responsibility to provide you with the relevant links to the relevant policies of the Internet Corporation for Assigned Names and Numbers (“ICANN”). Accordingly, reference is made to the ICANN Registrant Rights and Responsibilities, the ICANN Registrar Transfer Dispute Resolution Policy and the Registrants’ Benefits and Responsibilities.
1.4. You acknowledge and agree to the terms and conditions set forth in the GoDaddy Domain Name Registration Agreement and the GoDaddy Customer Service Agreement (collectively, the “Registrar Agreements”), which serve as integral parts of this Agreement. To the extent permitted by applicable laws, rules (including the ICANN rules and policies), regulations and agreements, if there is any conflict between the provisions of this Agreement and the Registrar Agreements, the provisions of this Agreement will control and prevail.
1.5. Notwithstanding anything to the contrary contained in this Agreement, if you or the Company cancel your plan at Tailor Brands, as stated in the Company’s terms of service (the “Plan”), or if you do not renew your Plan for any reason or no reason, the Domain Name will be canceled simultaneously with the Plan, provided, however, that:
(a) where applicable, the Company will allow you to fulfill your rights under applicable laws, rules (including the ICANN rules and policies), regulations and agreements (including this Agreement and the Registrar Agreements); and,
(b) where applicable, you may transfer the Domain Name to another domain name service, all in accordance with applicable laws, rules (including the ICANN rules and policies), regulations and agreements (including this Agreement and the Registrar Agreements).
2.1. A reseller is a third-party company that offers domain name registration services through a registrar, however, is not an ICANN accredited registrar. The Company offers the Services as a reseller.
2.2. The technical contact for the Services will be the Company. Please bear in mind that the Company, as a reseller, acts only as an agent between you and GoDaddy who is responsible for any Domain Name allocation. Therefore, the Company can neither approve nor guarantee any allocation of requested Domain Names.
2.3. The Company may engage with another domain name registrar at any time, in which case the terms and condition of such registrar will apply complementarily to this Agreement.
2.4. You may transfer the Domain Name to another domain name service provider by contacting the Company at: [email protected] The Company will then provide further instructions about this matter. All transfers are subject to this Agreement. The Company will allow domain transfers only if you have settled all undisputed pending charges and claims with the Company.
3. Representations and Warranties
3.1. You represent and warrant that –
(c) the information that you provide the Company is correct, complete and not misleading in any way;
(d) the Domain Name is not confusingly similar to others commercial name and registered trademarks, does not violate any right of third parties and does not violate applicable laws, rules (including the ICANN rules and policies) and regulations;
(e) you have rights or legitimate interest in the Domain Name;
(f) your application for registering the Domain Name is made in good faith;
(g) at all times, you meet all requirements under this Agreement and any other requirement under applicable laws, rules (including the ICANN rules and policies) and regulations; and,
(h) without the Company’s written consent, you will not reproduce, duplicate, copy, sell, resell, or exploit any portion of the Services.
3.2. You acknowledge and agree that –
(a) the registration of the Domain Name does not create any proprietary right owned by you;
(b) even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may be challenged by others who claim to have a right in and to the Domain Name; and,
(c) the Company may revoke the registration of the Domain Name if any of the above representations and warranties are found to be incorrect, incomplete or misleading in any way.
3.3. You are prohibited from using the Services if you are not legally capable of entering into contracts, for example, if you are under the age of 18 or the age of majority in your country or region.
4.1. You will indemnify, defend and hold harmless the Company from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including legal and attorney’s fees and expenses, arising out of, relating to, or otherwise in connection with your breach of the terms of this Agreement or the applicable law, or your violation of a third party’s right in the Domain Name.
5.1. Without derogating from the indemnification clause, as stated in Section 4 above, if the Company is informed of any complaint regarding the Domain Name, the Company may, in its sole discretion, (a) lock or suspend your ability to use or make modifications to the Domain Name or transfer your registration records; and, (b) deposit control of your registration record with the applicable judicial entity by supplying all necessary information and documentations.
5.2. You must notify us immediately if you lose any right regarding the Domain Name at: [email protected]
6. Limitation of Liability
6.1. The Company and anyone acting on its behalf are not and will not be liable to you or to any other legal entity for any and all matters related to the Services, including without limitation –
(a) the Services’ capabilities, functionality, limitations and fitness to your needs;
(b) any direct, indirect, incidental or consequential damage or any other costs, expenses and payments arising from or in connection with the use of or the inability to use the Services;
(c) any Services’ failure, error or breakdown;
(d) any Company failure or error;
(e) your own reliance on content and material originating from third parties; and,
(f) any communication with the Company or with others in connection with the Services.
7. Regulated Domain Names
7.1. Domain names under certain top-level-domains are subject to additional terms, all as detailed under the Registrar Agreements (“Regulated Domain Names”). If you purchase a Regulated Domain Name, you agree to comply with all additional related terms.
7.2. In addition, you will provide the Company with all requested information and assistance related to the Company’s obligations under applicable laws, rules (including the ICANN rules and policies), regulations and agreements, in relation to the Regulated Domain Names.
8.1. Domain name registrations and renewals have different pricing, as published and updated from time to time in the Company’s website (the “Fees”).
8.2. You are required to pay the Fees in advance.
8.3. All Fees are in U.S. Dollars, except when and as specifically stated otherwise in writing by the Company.
8.4. You agree to reimburse the Company for all collection costs and interest for any overdue amounts.
8.5. You have full and sole responsibility for all taxes and additional fees, where applicable, of any nature associated with the Services and the Domain Name. The Company may be required to collect value added tax (VAT), sales tax or any other applicable tax or fee, where applicable, and therefore will accordingly charge you in advance and on top of the Fees.
8.6. You agree to the Company and the Company’s third-party service providers, to store and process your payment card information in order to provide you with the Services.
8.7. All refunds for Domain related Fees are subject to the terms and conditions of GoDaddy and the Company. The Company will refund you only in accordance to our Terms of Service and to the extent you cancel your Domain Name registration within the grace period time, as stated in the GoDaddy and the Company’s relevant agreements, including without limitation in the Registrar Agreements and the GoDaddy Reseller Agreement.
Except for your abovementioned right to cancel the registration, and to the extent permitted by applicable laws, rules (including the ICANN rules and policies) and regulations, all other payments in connection with the Services are non-refundable.
8.8. Your right and title to the Domain Name allows you to transfer a purchased domain to another domain names’ service provider. However, to the extent permitted by applicable laws, rules (including the ICANN rules and policies) and regulations, you will not be eligible for a refund of registration fees paid to the Company for transferred domains.
8.9. If for any reason the Company is not able to charge you, and you fail to respond to the Company’s notices regarding this matter, the Domain Name registration process, or the Domain Name registration, as applicable, will be canceled. It is your responsibility to keep your payment method information current and up-to-date. For the sake of clarity, the Company will not be responsible for cancelled Domain Names that you fail to renew.
9.1. Subject to the terms and conditions of this Agreement, the Company will enroll you in the Automatic Renewal program. “Automatic Renewal” means that the Company will automatically renew the Domain Name for a period equivalent to the length of the original Domain Name registration.
9.2. If you have elected to turn off the Automatic Renewal program, you may select at any time to manually renew the domain name prior to its expiration date by contacting us at: [email protected] “Manual Renewal” means that any failure to manually implement the renewal before the expiration date will lead to a cancellation of the Domain Name registration and therefore you will no longer be able to use the Domain Name.
10. Your Information
10.1. As part of the Services, you will need to provide the Company with relevant information. Certain details that you provide may be considered as personal information, all as follows –
(a) The Domain Name;
(b) Your full name;
(c) Date of birth;
(d) Your physical mailing address;
(e) Your valid email address and telephone number;
(f) The original date of registration and expiration date;
(g) Your current credit card information (for billing purposes); and,
(h) Other personal data collected that could directly or indirectly identify you.
(a) You will notify the Company within five (5) business days of any change of the information that you provided in your application form or registration process. Any failure by you to: (a) provide the Company with accurate and reliable information on an initial and continual basis; or, (b) respond within five (5) business days to any inquiries made by the Company to determine the validity of information provided by you, will be considered to be a material breach of this Agreement and a basis for cancellation of the Domain Name.
(c) The Company can contact you directly or through a third-party service provider regarding the Services where necessary to deliver transactional or service related communications. This includes the use of the following communication tools: (1) Email messages; (2) Text messages; and, (3) Telephone calls.
(d) The Company cooperates with government and law enforcement officials, GoDaddy, ICANN and any other competent body, to enforce and comply with all applicable laws, rules, regulations and policies. As such, the Company will disclose information related to you if the Company believes it is necessary or appropriate in order to:
(1) comply with all applicable laws, rules (including the ICANN rules and policies) and regulations;
(2) respond to claims and legal process to protect the Company’s property and rights or the property and rights of a third party;
(3) protect the safety of the public or any individual; or,
(4) prevent or stop activities that the Company considers to be illegal or unethical.
To the extent permitted by applicable laws, rules and regulations, the Company will make commercially reasonable efforts to notify you about any share of your personal data.
(e) The following information will be collectively referred to as “Whois Information”:
(1) The Domain Name;
(2) Domain information (Domain, Registrar, Registered Date, Expires Date, Updated Date, Status, Name Servers);
(3) Registrant contact (Organization, State, Country);
(4) Administrative contact (Organization, State, Country);
(5) Technical contact (Organization, State, Country); and,
(6) Additional data, including raw Whois data.
Unless you have purchased a ‘domain-by-proxy’ service, any other type of service which conceals your Domain Name registration details, or otherwise required by applicable laws, rules (including the ICANN rules and policies) and regulations, Whois Information will be made publicly available.
11.1. If any term, covenant or condition of this Agreement or the application thereof to any party or circumstance will, to any extent, be invalid or unenforceable, the remainder of this Agreement or the application of such term, covenant or condition to the parties or circumstances other than those as to which it is held invalid or unenforceable, will not be affected and each term, covenant or condition of this Agreement will be separately valid and enforceable to the fullest extent permitted by laws, rules (including the ICANN rules and policies) and regulations.
11.2. The parties will make good faith efforts to resolve any dispute between them amicably. If such direct talks fail to resolve the dispute, each party may initiate an alternative dispute resolution (“ADR”) process with an established ADR service provider. The parties will agree on the identity of the ADR service provider, and the dispute will be conducted in English, only by written submissions through e-mail correspondence or other electronic communications, or through telephone conversations, and without the need for personal appearance. Any judgment on the award rendered by the ADR provider may be entered in any court of competent jurisdiction.
11.3. If you have any inquiries or questions about this Agreement, please contact the Company at: [email protected] The Company will make commercially reasonable efforts to respond as soon as possible.
Last Revised: February 10th, 2019