Domains Terms of Service Agreement
Last updated: November 1, 2015

For the GEMServers Domain Name Registration Services (the “Services”), along with the Services Agreement located at https://gemservers/terms-of-service, the following additional terms and conditions also apply (collectively, the “Agreement”):

SERVICES

Upon Customer’s request and further subject to this Agreement, GEMServers will register an Internet domain name or renew the Customer’s registration of an existing domain name (the “Domain Name”), on behalf of Customer, with a registrar selected by GEMServers (the “Registrar”). Beginning on October 31, 2015, the Registrar for the Services shall be Namecheap, and all new registrations and subsequent renewals of those registrations will be subject to the Namecheap terms and conditions, located at http://www.namecheap.com/ (the “Registrar Terms”).

GENERAL TERMS

Your use of the services provided by GEMServers serves as your consent to the terms of this Agreement. GEMServers will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Agreement.

TERM AND RENEWALS

The Term of this Agreement is twelve (12) months. When you renew your services with us, this Agreement will be renewed for additional 12 month periods, coincident with the term of your services. On the day prior to the renewal date of your domain name, we will attempt to renew your services for an additional year. If our renewal is successful, this Agreement will be extended for an additional 12 months. If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service. Easy instructions for canceling a domain name can be found at http://help.gemservers.com/guides/how-do-i-cancel-service

FREE DOMAIN NAME

GEMServers may provide one (1) free domain name for up to one year, with a new purchase of an annual or bi-annual subscription plan. This domain will be included for the lifetime of your GEMServers account, and the domain name will be registered in your name and is yours to keep, as long as you cover any applicable domain registration fees following the first year. GEMServers cannot assure domain name availability. This offer is not valid on domain renewals or transfers. The free domain name applies only to certain TLD’s (.com, .net, .org, .info, and .biz) when signing up for a new plan. Should your account become inactive during the first sixty (60) days of the domain registration year, any account credit you receive will be reduced by $10 for that year’s domain registration. You may not transfer a domain name within 90 days of registration. Domain name registration orders are subject to the GEMServers Domains Terms of Service Agreement.

PURCHASING ADDITIONAL DOMAINS

The initial registration term for purchased domains is twelve (12) months, and each purchased domain registration will auto-renew for successive 12-month periods. You’ll be charged for auto-renewal fifteen (15) calendar days before your domain expires (even if that date differs from your GEMServers website subscription renewal date). You can, of course, opt out of auto-renewal by turning off the auto-renew option in your settings. Each purchased domain name is registered in your name and is yours to keep, as long as you pay the applicable fees.

If you purchase a new domain, and cancel your purchase within the first five (5) calendar days, you’ll receive a full refund. We do not offer refunds after five days. We also do not offer refunds for domain renewal purchases.

You may transfer a purchased domain to another domain provider, though you won’t be eligible for a refund of registration fees paid to GEMServers for transferred domains.

BILLING & CONTACT INFORMATION

Maintaining accurate and current billing information is a mandatory condition of maintaining your GEMServers account. If you do not maintain current credit card information in your GEMServers account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through GEMServers using your GEMServers account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.

GEMServers needs to be able to contact you easily and quickly. You are responsible for ensuring that GEMServers has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Similarly, if you need to reach GEMServers, you may contact us at:

GEMServers
Attention: Domains/Customer Support
E-Mail to support@gemservers.com.

TIMELY PAYMENT

Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to GEMServers and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.

RECOVERING A DOMAIN NAME AFTER EXPIRY

It may be possible to recover a domain name after it has expired. Renewal of a domain name after its expiry is subject to a Redemption Recovery fee of $175 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after its expiry and GEMServers has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.

If you forfeit a domain name for non-payment, GEMServers will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that GEMServers may charge the credit card you have on file with GEMServers to recover any amounts outstanding on your account.

CANCELLING & TERMINATION

You may end this Agreement at any time and for any reason by canceling your GEMServers services (instructions can be found here: http://help.gemservers.com/guides/how-do-i-cancel-service). GEMServers can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If GEMServers terminates this Agreement, GEMServers will provide you with written notice, either via postal service, or email. GEMServers may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar. You may not transfer a domain name within 90 days of registration.

THIRD PARTY TERMS

GEMServers is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) and many domain name registries to register domain names on your behalf only on the condition that GEMServers requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the “OpenSRS Registrant Agreement – Exhibit A” (“Third-Party Terms”). The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.

COMPLAINTS & LEGAL CHALLENGES

Sometimes domain name registrations become the subject of a legal challenge. If GEMServers is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of GEMServers’ costs and legal fees and to indemnify and hold GEMServers harmless from any action. If GEMServers is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, GEMServers may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.

RIGHT TO LIMIT QUANTITIES PURCHASED

We reserve the right to limit quantities purchased to normal retail purchases. From time to time we may limit the number of domain names, email addresses and other services you may purchase from us at the published price. You agree that we may do so in our sole discretion and that our decision concerning any limitations is solely ours.

JURISDICTION

This Agreement is governed by and will be enforced in accord with the laws of the State of New York in the United States of America. Any action brought against GEMServers arising out of or relating to this Agreement must be brought in the courts of New York, NY, and you consent to the exclusive jurisdiction of such courts.

LIMITATION OF LIABILITY

You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us.GEMServers and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law.

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

DISCLAIMER OF WARRANTIES

You agree that your use of our services is solely at your own risk. You agree that such services are provided on an “as is,” “as available” basis.We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.

REGISTRANT RIGHTS AND RESPONSIBILITIES UNDER THE 2009 REGISTRAR ACCREDITATION AGREEMENT

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