Last Modified: December 9, 2014
THIS TERMS OF SERVICE AGREEMENT (THE "AGREEMENT") IS A BINDING AGREEMENT BETWEEN DUOCIRCLE LLC. ("DUOCIRCLE") AND YOU. IF YOU ARE ENTERING INTO THIS AGREEMENT ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE LEGAL ENTITY TO THIS AGREEMENT, IN WHICH CASE "YOU" SHALL MEAN SUCH ENTITY. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE TERMS AND CONDITIONS OF THIS AGREEMENT, THEN DO NOT CONTINUE TO CREATE AN ACCOUNT AND/OR USE DuoCircle WEBSITES AND SERVICES. THIS AGREEMENT INCORPORATES BY REFERENCE ALL OTHER POLICIES REFERENCED HEREIN AND LISTED ON DuoCircle LEGAL NOTICES WEBPAGE (DUOCIRCLE.COM/LEGAL/), INCLUDING BUT NOT LIMITED TO THE ACCEPTABLE USE POLICY, CHARGEBACK POLICY, ACCOUNT OWNERSHIP AND RECOVERY AGREEMENT, SECRET REGISTRATION AGREEMENT, SSL CERTIFICATE SUBSCRIBER AGREEMENT, TRADEMARK NOTICES, DOMAIN REGISTRATION AGREEMENT, .CX REGISTRATION AGREEMENT, LEGAL REQUEST RESPONSE POLICY, AND THOSE POLICIES REFERENCED IN SECTION 7 HEREOF (COLLECTIVELY THE "ADDITIONAL POLICIES"), EACH OF WHICH IS AVAILABLE VIA THE DuoCircle WEBSITES AS THEY MAY BE MODIFIED BY DUOCIRCLE, IN ITS SOLE DISCRETION, FROM TIME TO TIME.
a. Use of the Services. In order to use websites owned and operated by DuoCircle ("DuoCircle Websites") and Services, You must first agree to the terms of this Agreement. You may not use the DuoCircle Websites or the Services if you do not accept the terms of this Agreement and the applicable Additional Policies. You can accept the terms of this Agreement and the Additional Policies by: (i) clicking to accept or agree to this Agreement, where this option is made available to you by DuoCircle in the user interface for any Service; or (ii) actually using the Services. In the case of the later, You understand and agree that DuoCircle will treat your use of the Services as acceptance of this Agreement and all applicable Additional Policies from this time forward.
b. Use Prohibited. You may not use the Services and may not accept the Terms if: (i) You are not old enough age to form a legal, binding contract with DuoCircle or (ii) You are a person barred from receiving the Services under the laws of the United States or any other country including the country in which You are resident or from which You use the Services.
c. Copy of Agreement. Before You accept the terms of this Agreement, You should print off or save a copy of this Agreement and any relevant Additional Policies for your records.
a. Email Is Primary Authentication Tool. You acknowledge and agree that the sole means by which DuoCircle will authenticate Your right to control Your account with DuoCircle is via the email address You keep on file with DuoCircle. You should appropriately protect safeguard any and all security credentials provided by You to DuoCircle or provided by DuoCircle to You. All actions taken using Your email address and/or password shall be deemed to be actions taken by You. Additionally, You agree to immediately notify DuoCircle of any unauthorized use of Your account or any other breach of security of which You become aware.
b. Contact Email Address Must Be Kept Up To Date. You agree to immediately notify DuoCircle of any change in Your email address.
The services covered by this Agreement include both services that DuoCircle makes available free of charge (the "Free Services") and services that DuoCircle makes available for a fee (the "Paid Services"). The Free Services and the Paid Services are referred to collectively in this Agreement as the "Services" and each Free Service and Paid Service is referred to individually as a "Service."
a. Free Services. The Free Services include all services that DuoCircle makes available to You free of charge on DuoCircle Websites.
b. Paid Services. The Paid Services include all web services and any related support services that DuoCircle makes available to You for a fee on the DuoCircle Websites. The Paid Services include, but are not limited to: authoritative secondary and/or recursive domain name system ("DNS") services, enhanced customer support services, email services, URL forwarding services, WHOIS privacy services, Internet domain name registration, Internet domain name transfer, email hosting services and phone customer support.
c. Change of Service Status. DuoCircle reserves the right at any time and at its sole discretion to reclassify a Paid Service as a Free Service or a Free Service as a Paid Service. Upon such reclassification of a Paid Service as a Free Service no refunds will be issued to You. Upon reclassification of a Free Service as a Paid Service, You must pay the associated fee to use the reclassified service.
d. Modifications to Services. DuoCircle reserves the right to modify or discontinue Free or Paid Services with or without notice to You. DuoCircle shall not be liable to You or any third party should DuoCircle exercise its right to modify or discontinue the Service.
You agree that DuoCircle may modify this Agreement and the Additional Policies, at any time by posting a revised version of the document at issue on DuoCircle Websites.
a. Revisions Effective upon Posting. All revisions to this Agreement and the Additional Policies shall be effective immediately upon posting of such revisions to DuoCircle Websites. It is Your responsibility to check DuoCircle Website pages regularly for changes to this Agreement or the Additional Policies, as applicable. For Your convenience, a "last modified on" date will be set fourth near the top of this Agreement, and if possible, all Additional Policies.
b. Continued Use Constitutes Acceptance of Revised Terms. By continuing to use or receive the Services after the effective date of any revisions to this Agreement or the Additional Policies, You agree to be bound by the revised Agreement and Additional Policies.
a. Term. The term of this Agreement (the "Term") will commence when You agree to the terms and conditions of this Agreement, or any revisions hereto, by taking the actions referenced in Section 1. This Agreement will remain in effect until terminated by You or DuoCircle in accordance with this Section 5.
b. Suspension of Services. DuoCircle may suspend Your access to the Services, in whole or in part, for any reason and at any time without notice to You. During any such suspension of the Services: (i) You shall remain liable for all fees, charges and any other obligations You have incurred for any Paid Services; (ii) all fees, charges, and any other obligations shall continue to accrue during the suspension period; and (iii) all of Your rights with respect to the applicable Services shall be terminated during the period of the suspension.
c. Termination.
i. Termination of Particular Services. If You fail to (a) take any action that You are required by DuoCircle policy to take in relation to any Free Service or Paid Service or (b) make any payment, when due, for any Paid Service that you have elected to purchase, DuoCircle shall immediately and without notice have the right to terminate Your ability to use the Free or Paid Service at issue.
ii. Termination of Agreement. Except as may be provided for in Section 7, either You or DuoCircle may terminate this Agreement with or without cause or prior notice at any time. In the case of termination by You, this Agreement shall terminate upon Your completion of account closure process. Except as may be provided for in Section 7, DuoCircle may terminate this Agreement with or without cause or prior notice at any time. In case of termination by DuoCircle this Agreement shall terminate upon the cessation of services. DuoCircle may provide notice of such termination at its sole discretion. Upon termination of this Agreement in accordance with this Section 5.c, You shall remain liable for all fees, charges and any other obligations You have incurred through the date of termination with respect to any Paid Services. Except as provided in Section 17(j) (Survival), all of Your rights and obligations under this Agreement shall immediately terminate upon termination of this Agreement in accordance with this Section 5.c.
d. Data Preservation.
i. In the event of a Suspension. In the event of a suspension by DuoCircle of Your access to any Service for any reason, during the period of suspension: (i) DuoCircle will not take any action to intentionally erase any of Your data stored on the Services and (ii) any and all service fees will continue to accrue.
ii. In the Event of Termination of Particular Service or Agreement. In the event of Termination of a particular Service or of this Agreement under Section 5.c., DuoCircle shall have no obligation to continue to store any information or data that You provide or provided to DuoCircle or to permit You to retrieve the same.
e. Post-Termination Assistance. Following the Suspension or Termination of any Service or of this Agreement, DuoCircle may make available, on a paid or an unpaid basis, services that ease Your transition to another service provider. Your right to take advantage of any such services shall be conditioned upon Your acceptance of and compliance with the terms, conditions, and fees associated with the provision of such services by DuoCircle.
a. Authorization and License. Subject to Your acceptance of and compliance with this Agreement and all applicable Additional Policies and with the payment requirements for the Services that are set forth on the applicable Service detail and/or Service order page on DuoCircle Websites (as such payment terms may be updated from time to time), DuoCircle hereby grants You a limited, non-exclusive, non-transferable, non-sublicenseable right and license, subject to DuoCircle domestic and international intellectual property rights, to access and use the Services, solely in accordance with the terms and conditions of this Agreement and the Additional Policies.
b. Acceptable Use. You shall use the Services in accordance with the AUP, and which may be updated from time to time at DuoCircle sole discretion.
c. Cooperation. You understand and agree that if You fail to promptly cooperate with DuoCircle in its attempt to investigate and resolve any allegation that You are using the Services in violation of the AUP, DuoCircle may immediately suspend Your ability to use the Services.
In addition to the terms of this Agreement, the Services listed in this Section 7 shall also be subject to the additional terms of use as provided for below. In the event of a conflict between the terms and conditions of this Agreement and any of the below terms (or any of the terms in any of the documents referenced below), the below terms (or terms in the referenced documents) shall apply, but only to the extent of such conflict.