Domains Terms of Service
If You Registered a Domain, Read Me!
In addition to the Terms of Service between you and SimplyBuilt LLC ("SimplyBuilt"), these Domain Terms of Service will also apply to you if you requested Domain Name Registration Services from SimplyBuilt (the Services). Please read the following additional terms and conditions to understand your further legal agreement with SimplyBuilt (the "Agreement"). This Agreement explains our obligations to you, your obligations to us, and each of our rights.
Upon your request, SimplyBuilt will register an Internet Domain Name, or renew the registration of your existing domain name on your behalf (the "Domain Name"), with a registrar selected by SimplyBuilt (the "Registrar"). Our selected Registrar for the Services is DNSimple, and all new registrations and subsequent renewals of those registrations will be subject to the Registrar's terms and conditions, located at https://dnsimple.com/terms (the "Registrar Terms"). Please take the time to read the Registrar Terms; you are required to follow them, too. Generally, your use of the Services means that you consent to the terms of this Agreement. SimplyBuilt may update this Agreement from time to time, so 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.
Service Term and Renewals
The Term of this Agreement is twelve (12) months, unless otherwise explicitly stated in your billing plan. When you renew your services with us, this Agreement will be renewed for additional twelve (12) month periods. 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 https://support.simplybuilt.com/hc/en-us/articles/201756410-Cancel-a-Subscription.
If you subscribe to a yearly plan, then reserve a domain, but cancel your yearly subscription before you are charged, SimplyBuilt will charge you a $20 domain reservation fee.
Free Domain Name
While SimplyBuilt cannot assure domain name availability, SimplyBuilt will provide one (1) free available domain name with a new purchase of an annual subscription plan. The domain name will be registered in your name and is yours to keep. This offer is not valid on domain renewals or transfers, and applies only to certain TLD's (.com, .net, .org, .info, and .biz) when signing up for a new plan. You may not transfer a domain name within 90 days of registration.
Your Billing/Contact Info
You must maintain accurate and current billing information, including current credit card information in your SimplyBuilt account. If your billing information is not current, we may cancel your services without further notice, or we will not renew your services, and this Agreement will terminate on the last day of the then current term. Although your title to your domain name allows you to transfer your domain name to another party, you are responsible for ensuring that the terms of this Agreement are met, regardless of any transfer. SimplyBuilt needs to be able to contact you easily and quickly, so you are responsible for ensuring that SimplyBuilt has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record.
Our Contact Info
Similarly, if you need to reach SimplyBuilt, you may contact us at: firstname.lastname@example.org.
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 ten (10) days of the due date, we will close your account and terminate this Agreement. If your account is closed, right and title to any domain name previously in your account will transfer to SimplyBuilt, and a cancellation surcharge of $20 per domain name cancelled plus applicable renewal fees may be charged to your account.
Renewal/Recovery of a Domain Name
It may be possible to recover a domain name after it has expired, but not always. Renewal of a domain name after it has expired is subject to a Redemption Recovery fee of $185 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after it has expired, and SimplyBuilt has the 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, SimplyBuilt 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 SimplyBuilt may charge the credit card you have on file with SimplyBuilt to recover any amounts outstanding on your account.
Cancellation & Termination
You may terminate this Agreement only by canceling your SimplyBuilt services. If you terminate this Agreement, you will not receive a refund for any fees already paid. SimplyBuilt can also end this Agreement at any time and for any reason. If SimplyBuilt terminates this Agreement, SimplyBuilt will provide you with written notice, either via postal service, or email. SimplyBuilt 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. Again, you may not transfer a domain name within 90 days of registration.
Third-Party Terms and Conditions
SimplyBuilt is permitted by the Internet Corporation for Assigned Names and Numbers ("CANN") and several domain name registries to register domain names on your behalf only on the condition that SimplyBuilt 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 take precedence over this Agreement.
Complaints & Legal Challenges
Sometimes domain name registrations become the subject of a legal challenge. If SimplyBuilt is made a party to any legal action related to of one of your domain name registrations, you agree to be responsible for all of SimplyBuilt costs and legal fees and to indemnify and hold SimplyBuilt harmless from any action. If SimplyBuilt is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, SimplyBuilt 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.
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 SimplyBuilt arising out of or relating to this Agreement must be brought in the courts of New York, New York, 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. SimplyBuilt 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.SimplyBuilt also disclaims 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; and (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
Please review here.
Thanks for taking the time to read our Terms of Service, and thanks for choosing SimplyBuilt!