Site Terms and Conditions of Use
Dated: January 25, 2024
1. User's Acknowledgment and Acceptance of Terms of Service
This Terms of Service Agreement (this "Agreement") is entered into by and between DNSimple Corporation and you, the user. The terms "we", "us" or "our" shall refer to DNSimple Corporation. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement, accesses the Site, uses your Account, or uses the Services.
This Agreement sets forth the terms and conditions of your use of this website, dnsimple.com (the "Site"), and the products and services offered by us, or accessed, purchased or made available through the Site (the "Services"). In addition, when using the Services or materials on this Site, you shall be subject to any posted rules applicable to such services or materials that may contain terms and conditions in addition to those in this Agreement. All such guidelines or rules are hereby incorporated by reference into this Agreement. Other service agreements and policies may apply to certain services and are in addition to this Agreement. In the event of a conflict between the provisions of any service agreement entered into by you and DNSimple and the provisions of this Agreement, the provisions of the applicable service agreement shall control.
BY USING THIS SITE, YOU AGREE TO BE BOUND BY THIS AGREEMENT. IF YOU DO NOT WISH TO BE BOUND BY THIS AGREEMENT, PLEASE EXIT THE SITE NOW. YOUR REMEDY FOR DISSATISFACTION WITH THIS SITE, OR ANY PRODUCTS, SERVICES, CONTENT, OR OTHER INFORMATION AVAILABLE ON OR THROUGH THIS SITE, IS TO STOP USING THE SITE AND/OR THOSE PARTICULAR PRODUCTS OR SERVICES. YOUR AGREEMENT WITH US REGARDING COMPLIANCE WITH THIS AGREEMENT BECOMES EFFECTIVE IMMEDIATELY UPON COMMENCEMENT OF YOUR USE OF THIS SITE OR THE SERVICES.
As used in this Agreement, references to our "Affiliates" include our owners, subsidiaries, affiliated companies, officers, directors, suppliers, partners, sponsors, and advertisers, and includes (without limitation) all parties involved in creating, producing, and/or delivering this Site and/or its contents.
2. Modification of Site, Agreement, or Services
This Agreement is effective as of the first date you access the Site, use the Services, or enter into a service agreement. We expressly reserve the right to change or modify this Agreement and any policies which are incorporated herein, from time to time, in our sole and absolute discretion, by posting a revised version on the Site or notifying you by email. By accessing the Site, you agree to the latest version of this Agreement. You acknowledge and agree that it is your responsibility to review this Site and this Agreement and to familiarize yourself with any modifications. Your continued use of this Site after such modifications will constitute acknowledgement of the modified Agreement and your consent to abide by and be bound by the modified Agreement.
3. Description of Services
The Services we make available on this Site include, but are not limited to, domain name management, DNS, SSL certificates, email forwarding, and other like services. You are responsible for providing, at your own expense, all equipment necessary to use the Services, including a computer and Internet access (including payment of all fees associated with such access).
We reserve the sole right to either modify or discontinue the Site, including any of the Site's features, at any time with or without notice to you. We will not be liable to you or any third party should we exercise such right. Any new features that augment or enhance the then-current services on this Site shall also be subject to this Agreement.
4. Your Account, Registration Data and Privacy
In order to access some of the Services on this Site, you will be required to create an account ("Account") and password that can be obtained by completing our online registration form, which requests certain information and data ("Registration Data") and maintaining and updating your Registration Data as required. By registering, you agree that all information provided in the Registration Data is true and accurate and that you will maintain and update this information as required in order to keep it current, complete, and accurate.
You also grant us the right to disclose to third parties certain Registration Data about you. The information we obtain through your use of this Site, including your Registration Data, is subject to our Privacy Policy, which is specifically incorporated by reference into this Agreement.
If we believe your Registration Data is inaccurate, out-of-date or incomplete, we reserve the right, in our sole and absolute discretion, to suspend or terminate your Account. You are solely responsible for the activity that occurs on your Account, whether authorized by you or not, and you must keep your Account information secure. You must notify us immediately of any breach or unauthorized use of your Account. We will not be liable for any loss you incur due to any unauthorized use of your Account.
You are solely responsible for maintaining the confidentiality of your password and Account and for any and all statements made and acts or omissions that occur through the use of your password and Account. Therefore, you must take steps to ensure that others do not gain access to your password and Account. Our personnel will never ask you for your password. You may not transfer or share your Account with anyone, and we reserve the right to immediately terminate your Account if you do transfer or share your Account.
5. Rules of Conduct
Your use of the Site and Services, including the substance of your communications and content submitted through the Site, is subject to this Agreement any applicable service agreement or policy, and all applicable international, national, state, or local laws and regulations. You agree that you will not use the Site or Services, including any communications service, chat room, message board, newsgroup, software library, or other interactive service that may be available to you on or through this Site, in a manner that:
a. is unlawful, threatening, abusive, harassing, defamatory, libelous, deceptive, fraudulent, invasive of another's privacy, tortious, contains explicit or graphic descriptions or accounts of sexual acts (including but not limited to sexual language of a violent or threatening nature directed at another individual or group of individuals), or otherwise violates our rules or policies;
b. victimizes, harasses, degrades, or intimidates an individual or group of individuals on the basis of religion, gender, sexual orientation, race, ethnicity, age, or disability;
c. infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party;
d. constitutes unauthorized or unsolicited advertising, junk or bulk email (also known as "spamming"), chain letters, any other form of unauthorized solicitation, or any form of lottery or gambling;
e. contains software viruses or any other computer code, files, or programs that are designed or intended to disrupt, damage, or limit the functioning of any software, hardware, or telecommunications equipment or to damage or obtain unauthorized access to any data or other information of any third party; or
f. impersonates any person or entity, including any of our employees or representatives;
g. violates the publicity or privacy rights of another user or any other person or entity;
h. violates any duty of confidentiality that you owe to another user or any other person or entity;
i. interferes with the operation of this Site or the Services; or
j. will install any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software, hardware, Services, or the Site.
We neither endorse nor assume any liability for the content of any material uploaded or submitted by third party users of the Site. We generally do not pre-screen, monitor, or edit the content posted by users of communications services, chat rooms, message boards, newsgroups, software libraries, or other interactive services that may be available on or through this Site. However, we and our authorized representatives and agents have the right at their sole discretion to remove any content that, in our sole judgment, does not comply with this Agreement and any other rules of user conduct for our Site and Services, or is otherwise harmful, objectionable, or inaccurate. We are not responsible for any failure or delay in removing such content. You hereby consent to such removal and waive any claim against us arising out of such removal of content, including but not limited to any claims for loss of profits or business opportunities.
In addition, you may not use your Account to breach security of another account or attempt to gain unauthorized access to another network or server. Not all areas of the Site may be available to you or other authorized users of the Site. You shall not interfere with anyone else's use and enjoyment of the Site or Services. Users who violate systems or network security will have their account terminated and may incur criminal or civil liability.
You agree that we may at any time, and at our sole discretion, terminate your membership, Account, or other affiliation with our Site or Services without prior notice to you for violating any of the above provisions. In addition, you acknowledge that we will cooperate fully with investigations of violations of systems or network security at other Sites, including cooperating with law enforcement authorities in investigating suspected criminal violations.
If your Account shows signs of fraud, abuse or suspicious activity, we may cancel your access to the Site and any account or service associated with your name, email address or Account, and we reserve the right to take any necessary legal action against you for monetary losses to DNSimple including reasonable attorneys fees and litigation costs.
6. Third Party Sites and Information
This Site and the Services available through this Site may link you to other third-party websites or otherwise include references to information, documents, software, materials and/or services provided by other parties not owned or controlled by DNSimple. These sites may contain information or material that some people may find inappropriate or offensive. These other sites and parties are not under our control, and you acknowledge that we are not responsible for the accuracy, copyright compliance, legality, decency, or any other aspect of the content of such sites, nor are we responsible for errors or omissions in any references to other parties or their products and services. The inclusion of such a link or reference is provided merely as a convenience and does not imply endorsement of, or association with, the site or party by us, or any warranty of any kind, either express or implied.
7. Intellectual Property Information
Copyright (c) DNSimple Corporation All Rights Reserved.
For purposes of this Agreement, "content" is defined as any information, data, communications, software, photos, video, graphics, music, sounds, and other material and services that can be viewed by users on our Site. This includes message boards, chat, and other original content.
By accepting this Agreement, you acknowledge and agree that all content presented to you on this Site is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws, and is the sole property of DNSimple Corporation and/or its Affiliates. You are only permitted to use the content as expressly authorized by us or the specific content provider. Except for a single copy made for personal use only, you may not copy, reproduce, modify, republish, upload, post, transmit, or distribute any documents or information from this Site in any form or by any means without prior written permission from us or the specific content provider, and you are solely responsible for obtaining permission before reusing any copyrighted material that is available on this Site. Any unauthorized use of the materials appearing on this Site may violate copyright, trademark and other applicable laws and could result in criminal or civil penalties.
Neither we or our Affiliates warrant or represent that your use of materials displayed on, or obtained through, this Site or the Services, will not infringe the rights of third parties. See "Unauthorized Use of Materials" below for a description of the procedures to be followed in the event that any party believes that content posted on this Site or accessed through the Services infringes on any patent, trademark, trade secret, copyright, right of publicity, or other proprietary right of any party.
All custom graphics, icons, logos and service names are trademarks or service marks of DNSimple or its Affiliates. All other trademarks or service marks are property of their respective owners. Nothing in this Agreement grants you any right to use any trademark, service mark, logo, and/or the name of DNSimple Corporation its Affiliates, or any other entity's trademark or service mark.
8. Unauthorized Use of Materials
Subject to our Privacy Policy, any communication or material that you transmit to this Site or to us, whether by electronic mail, post, or other means, for any reason, will be treated as non-confidential and non-proprietary. While you retain rights in such communications or material, you grant us and our agents and affiliates a non-exclusive, paid-up, perpetual, and worldwide right to copy, distribute, display, perform, publish, translate, adapt, modify, and otherwise use such material for any purpose regardless of the form or medium (now known or not currently known) in which it is used.
Please do not submit confidential or proprietary information to us unless we have mutually agreed in writing otherwise. We are also unable to accept your unsolicited ideas or proposals, so please do not submit them to us in any circumstance. If you submit such information to us, you acknowledge and agree that such submissions are entirely voluntary, do not establish a confidential relationship or obligate us to treat your submissions as confidential or secret.
We respect the intellectual property of others, and we ask you to do the same. If you or any user of this Site believes its copyright, trademark or other property rights have been infringed by a posting on this Site, you or the user should send notification to our Designated Agent (as identified below) immediately. To be effective, the notification must:
1. Identify in sufficient detail the copyrighted work that you believe has been infringed upon or other information sufficient to specify the copyrighted work being infringed).
2. Identify the material that you claim is infringing the copyrighted work listed in item #1 above.
3. Provide information reasonably sufficient to permit us to contact you (email address is preferred).
4. Provide information, if possible, sufficient to permit us to notify the owner/administrator of the allegedly infringing webpage or other content (email address is preferred).
5. Include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
6. Include the following statement: "I swear, under penalty of perjury, that the information in the notification is accurate and that I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
7. Sign the paper.
8. Send the written communication to the following address:
Designated Agent for Claimed Infringement:
Contact: Compliance Officer
DNSimple Corporation
2412 Irwin St, Melbourne, FL 32901
Email: compliance@dnsimple.com
Phone: +1 888 694 7448
You acknowledge and agree that upon receipt of a notice of a claim of copyright infringement, we may immediately remove the identified materials from our Site without liability to you or any other party and that the claims of the complaining party and the party that originally posted the materials will be referred to the United States Copyright Office for adjudication as provided in the Digital Millennium Copyright Act.
9. Disclaimer of Representations and Warranties
ALL MATERIALS AND SERVICES FOUND ON OR MADE AVAILABLE THROUGH THIS SITE ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR THE WARRANTY OF NON-INFRINGEMENT. WITHOUT LIMITING THE FOREGOING, WE MAKE NO WARRANTY THAT (A) THE SERVICES AND MATERIALS WILL MEET YOUR REQUIREMENTS, (B) THE SERVICES AND MATERIALS WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES OR MATERIALS WILL BE EFFECTIVE, ACCURATE OR RELIABLE, OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, OR INFORMATION PURCHASED OR OBTAINED BY YOU FROM THE SITE FROM US OR OUR AFFILIATES WILL MEET YOUR EXPECTATIONS OR BE FREE FROM MISTAKES, ERRORS OR DEFECTS.
THIS SITE COULD INCLUDE TECHNICAL OR OTHER MISTAKES, INACCURACIES OR TYPOGRAPHICAL ERRORS. WE MAY MAKE CHANGES TO THE MATERIALS AND SERVICES AT THIS SITE, INCLUDING THE PRICES AND DESCRIPTIONS OF ANY PRODUCTS LISTED HEREIN, AT ANY TIME WITHOUT NOTICE. THE MATERIALS OR SERVICES AT THIS SITE MAY BE OUT OF DATE, AND WE MAKE NO COMMITMENT TO UPDATE SUCH MATERIALS OR SERVICES.
THE USE OF THE SERVICES OR THE DOWNLOADING OR OTHER ACQUISITION OF ANY MATERIALS THROUGH THIS SITE IS DONE AT YOUR OWN DISCRETION AND RISK AND WITH YOUR AGREEMENT THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM SUCH ACTIVITIES.
Through your use of the Site or Services, you may have the opportunities to engage in commercial transactions with other users and vendors. You acknowledge that all transactions relating to any merchandise or services offered by any party, including, but not limited to the purchase terms, payment terms, warranties, guarantees, maintenance and delivery terms relating to such transactions, are agreed to solely between the seller or purchaser of such merchandize and services and you. WE MAKE NO WARRANTY REGARDING ANY TRANSACTIONS EXECUTED THROUGH, OR IN CONNECTION WITH THIS SITE, AND YOU UNDERSTAND AND AGREE THAT SUCH TRANSACTIONS ARE CONDUCTED ENTIRELY AT YOUR OWN RISK. ANY WARRANTY THAT IS PROVIDED IN CONNECTION WITH ANY PRODUCTS, SERVICES, MATERIALS, OR INFORMATION AVAILABLE ON OR THROUGH THIS SITE FROM A THIRD PARTY IS PROVIDED SOLELY BY SUCH THIRD PARTY, AND NOT BY US OR ANY OTHER OF OUR AFFILIATES.
Content available through this Site often represents the opinions and judgments of an information provider, Site user, or other person or entity not connected with us. We do not endorse, nor are we responsible for the accuracy or reliability of, any opinion, advice, or statement made by anyone other than an authorized DNSimple Corporation spokesperson speaking in his/her official capacity. Please refer to the specific editorial policies posted on various sections of this Site for further information, which policies are incorporated by reference into this Agreement.
You understand and agree that temporary interruptions of the services available through this Site may occur as normal events. You further understand and agree that we have no control over third party networks you may access in the course of the use of this Site and Services, and therefore, delays and disruption of other network transmissions are completely beyond our control.
You understand and agree that the services available on this Site are provided "AS IS" and that we assume no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT,YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE. SOME STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
10. Limitation of Liability
IN NO EVENT SHALL WE OR OUR AFFILIATES OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, OR THIRD PARTY SERVICE PROVIDERS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY SPECIAL, PUNITIVE, INCIDENTAL, INDIRECT OR CONSEQUENTIAL DAMAGES OF ANY KIND, OR ANY DAMAGES WHATSOEVER, INCLUDING, WITHOUT LIMITATION, THOSE RESULTING FROM LOSS OF USE, DATA OR PROFITS, WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, AND ON ANY THEORY OF LIABILITY, ARISING OUT OF OR IN CONNECTION WITH THE USE OF THIS SITE, THE SERVICES AVAILABLE THROUGH THE SITE, OR OF ANY WEB SITE REFERENCED OR LINKED TO FROM THIS SITE.
FURTHER, WE SHALL NOT BE LIABLE IN ANY WAY FOR THIRD PARTY GOODS AND SERVICES OFFERED THROUGH THIS SITE OR FOR ASSISTANCE IN CONDUCTING COMMERCIAL TRANSACTIONS THROUGH THIS SITE, INCLUDING WITHOUT LIMITATION THE PROCESSING OF ORDERS.
SOME JURISDICTIONS PROHIBIT THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, SO THE ABOVE LIMITATIONS MAY NOT APPLY TO YOU.
11. Indemnification
Upon a request by us, you agree to defend, indemnify, and hold us and our Affiliates harmless from all liabilities, claims, and expenses, including reasonable attorney’s fees, that arise from (i) your use or misuse of this Site or the Services found at this Site; (ii) your violation of any provision of this Agreement, the policies or agreements which are incorporated herein, or any applicable service agreement related to the Services or otherwise; or (iii) your violation of any third-party right, including without limitation any intellectual property or other proprietary right. We reserve the right, at our own expense, to assume the exclusive defense and control of any matter otherwise subject to indemnification by you, in which event you will cooperate with us in asserting any available defenses. The indemnification obligations set forth herein shall survive any termination or expiration of this Agreement or your use of this Site or the Services.
12. Participation in Promotions
From time to time, this Site may include advertisements offered by third parties. You may enter into correspondence with or participate in promotions of the advertisers showing their products on this Site. Any such correspondence or promotions, including the delivery of and the payment for goods and services, and any other terms, conditions, warranties or representations associated with such correspondence or promotions, are solely between you and the advertiser. We assume no liability, obligation or responsibility for any part of any such correspondence or promotion.
13. E-mail, Messaging, Blogging, and Chat Services
We may make email, messaging, blogging, or chat services (collectively, "Communications") available to users of our Site, either directly or through a third-party provider. We make available separate supplemental agreements characterizing the relationship between you and us that, except where expressly noted or contradictory, includes these Terms.
We will not inspect or disclose the contents of private Communications except with the consent of the sender or the recipient, or in the narrowly-defined situations provided under the Electronic Communications Privacy Act, or as other required by law or by court or governmental order. Further information is available in our Privacy Policy.
We may employ automated monitoring devices or techniques to protect our users from mass unsolicited communications (also known as "spam") and/or other types of electronic communications that we deem inconsistent with our business purposes. However, such devices or techniques are not perfect, and we will not be responsible for any legitimate communication that is blocked, or for any unsolicited communication that is not blocked.
Mailboxes may have a limited storage capacity. If you exceed the maximum permitted storage space, we may employ automated devices that delete or block email messages that exceed the limit. We will not be responsible for such deleted or blocked messages.
14. International Use
Although this Site may be accessible worldwide, we make no representation that materials on this Site are appropriate or available for use in locations outside the United States and accessing them from territories where their contents are illegal is prohibited. Those who choose to access this Site from other locations do so on their own initiative, and at their own risk, and are responsible for compliance with local laws of the location, if applicable. Any offer for any product, service, and/or information made in connection with this Site is void where prohibited.
15. Termination of Use
You agree that we may, in our sole and absolute discretion, terminate or suspend your access to all or part of the Site or the Services with or without notice and for any reason, including, without limitation, breach of this Agreement. Any suspected fraudulent, abusive or illegal activity may be grounds for terminating your relationship and may be referred to appropriate law enforcement authorities.
Upon termination or suspension, regardless of the reasons therefore, your right to use the Services available on this Site immediately ceases, and you acknowledge and agree that we may immediately deactivate or delete your Account and all related information and files in your Account and/or bar any further access to such files or this Site. We shall not be liable to you or any third party for any claims or damages arising out of any termination or suspension or any other actions taken by us in connection with such termination or suspension.
16. Payment; User Cancellation or Changes to Services
a. Payment.
You agree to pay all amounts due for Services in accordance with the plan selected by you at the time you order them. All amounts are non-refundable unless otherwise noted in this Agreement or an applicable service agreement. Payment shall be made via credit or debit card on file, or via digital wallet.
b. Digital Wallet
You may have access to a digital wallet. If such wallet feature is made available to you, payments shall be made first via your digital wallet. Any outstanding balance shall be charged to the credit card on file. You may add funds to your digital wallet by using the credit card on file. Digital wallets are non-refundable, non-transferable, and cannot be redeemed for cash.
c. Cancellation and Modification of Services.
You may cancel your use of the Services at any time and such cancellation shall take effect, immediately. Cancelling your use of the Services does not entitle you to any refund. You may upgrade your Services at any time. Such upgrade shall take place immediately. You will be billed the pro-rated difference between your then current plan, and the upgraded Services for the balance of the billing cycle.
You may request a downgrade of your Services at any time. Such downgrade and any adjustment to the applicable fee shall take effect at the end of the billing cycle (e.g. monthly or yearly). The provisions of this section do not apply to domain registrations, transfers, or renewals, which are controlled and covered by ICANN and/or the applicable Registration Agreement.
Moving any or all domain(s) associated with a User account to a service provider other than DNSimple does not automatically cancel your User account or subscription to the Services. You must cancel separately per the terms of this Agreement, or the applicable service agreement, if any.
d. Auto-Renewal
When the term of your Services subscription expires, your Services will automatically renew, unless you cancel your Service subscription in accordance with this Agreement or the applicable service agreement, if any.
e. Taxes
Amounts due for the Services, per 16.a above, are exclusive of any taxes. You shall promptly pay all sales, use, value-added, consumption, and other applicable taxes and duties arising from or related to the Services. If any withholding tax is required on any payment, you shall pay such additional amounts as are required so that the net amount received by DNSimple is equal to the amount then due and payable. Upon reasonable request of DNSimple, you shall provide to DNSimple all reasonable information and documentation pertaining the taxes and payment of taxes which are, were, or may be due in connection with your use of the Services.
f. Price Adjustments
DNSimple may from time to time adjust prices with thirty (30) days prior notice. Your continued use of the services following such thirty-day notice constitutes your acceptance of the price change.
17. Governing Law and Arbitration
This Site (excluding any linked Sites) and the Services are controlled by us from our offices within Florida, in the United States of America. It can be accessed from all 50 states, as well as from other countries around the world. As each of these places has laws that may differ from those of Florida, by accessing this Site and the Services offered through the Site, both of us agree that the laws of the State of Florida, without regard to the conflicts of law principles thereof or the United Nations Convention on the International Sales of Goods, will apply to all matters relating to the use of this Site, the Services, and the purchase of any products and services available through this Site. Each of us agrees and hereby submits to the exclusive personal jurisdiction and venue of any court of competent jurisdiction within the State of Florida with respect to such matters.
Further, any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of this agreement to arbitrate, shall be determined by arbitration in Melbourne, Florida before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures or pursuant to JAMS' Streamlined Arbitration Rules and Procedures if the parties agree. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction.
18. Notices
All notices to a party shall be in writing and shall be made either via email or conventional mail. Notices to us must be sent to the attention of Customer Service at support@dnsimple.com, if by email, or at DNSimple Corporation 2412 Irwin St, Melbourne, FL 32901 if by conventional mail. Notices to you may be sent to the address supplied by you as part of your Registration Data. In addition, we may, but need not, broadcast notices or messages through the Site to inform you of changes to the Site or other matters of importance, and such broadcasts shall constitute notice to you at the time of sending.
19. Entire Agreement
These terms and conditions constitute the entire agreement and understanding between us concerning the subject matter of this agreement and supersedes all prior agreements and understandings of the parties with respect to that subject matter. This Agreement may not be altered, supplemented, or amended by the use of any other document(s). Any attempt to alter, supplement or amend this document or to enter an order for products or services which are subject to additional or altered terms and conditions shall be null and void, unless otherwise agreed to in a written agreement signed by you and us. To the extent that anything in or associated with this Site is in conflict or inconsistent with this Agreement, this Agreement shall take precedence.
20. Miscellaneous
In any action to enforce this Agreement, the prevailing party will be entitled to costs and to reasonable attorneys' fees. Any cause of action brought by you against us or our Affiliates must be instituted within one year after the cause of action arises or be deemed forever waived and barred.
You may not assign your rights and obligations under this Agreement to any party, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under this Agreement.
You agree not to sell, resell, reproduce, duplicate, copy or use for any commercial purposes any portion of this Site, or use of or access to this Site except as defined in a separate reseller agreement.
In addition to any excuse provided by applicable law, we shall be excused from liability for non-delivery or delay in delivery of products and services available through our Site arising from any event beyond our reasonable control, whether or not foreseeable by either party, including but not limited to, labor disturbance, war, fire, accident, adverse weather, inability to secure transportation, governmental act or regulation, and other causes or events beyond our reasonable control, whether or not similar to those which are enumerated above.
If any part of this Agreement is held invalid or unenforceable, that portion shall be construed in a manner consistent with applicable law to reflect, as nearly as possible, the original intentions of the parties, and the remaining portions shall remain in full force and effect.
Any failure by us to enforce or exercise any provision of this Agreement or related rights shall not constitute a waiver of that right or provision.
21. Contact Information
Except as explicitly noted on this Site, the services available through this Site are offered by DNSimple Corporation, located at 2412 Irwin St, Melbourne, FL 32901. If you notice that any user is violating this Agreement, please contact us at support@dnsimple.com.