This Master Services Agreement (the “Agreement”) is entered into by and between Vivid Tech Services LLC, dba Luminary Web Strategies, located at 7950 E Redfield Rd #210 Scottsdale AZ 85260 (the “Company”) and Client (as used herein, the Company and Client may be collectively referred to as the “Parties” or individually as a “Party”, where no distinction is required). The Client agrees to the current terms so long as they have an open account through the Luminary Web Strategies Client Portal located at https://clients.lumenfoundry.com. The Client may email customer service to close their account.
- YOU OWN YOUR DOMAIN. We are just the registrar.
- Domain name registrations are only for limited terms, terms which end on the expiration date.
- Luminary Web Strategies does not determine whether the domain name you purchase infringes legal rights of others.
- You can change your WHOIS contact information through your client account. Unless your choose Private Registration, your contact information will be public just as any other registrar has to do.
If Client purchased Domain Registration Services from Company, the following terms and conditions shall apply to the domain registration services:
This Schedule shall be effective as of the date on which Client places the order for domain registration services. This Schedule will continue until terminated by either party, provided, however, that Client may not terminate this Schedule during the first 3 months following the date on which it became effective. Either party may terminate this Schedule by providing written notice to the other no less than 30 days prior to the effective date of the termination. Company may terminate this Schedule if Client fails to cooperate with Company or hinders Company’s ability to perform the domain registration services hereunder.
- Company is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see http://www.icann.org/tlds/. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. Client agrees that Company and the Primary Service Provider are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (Subject to Company’s limitation of liability in the Agreement). Client further agrees that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
- Client’s indemnification obligations contained in the Agreement are hereby extended to the Primary Service Provider, and applicable registry administrator(s) (including VeriSign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents of such entities.
- Company does not determine whether the domain name(s) the Client selects, or the use that Client make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is Client’s responsibility to determine whether the domain name(s) that Client selects or uses infringes upon legal rights of others. Company might be ordered by a court to cancel, modify, or transfer Client’s domain name if Client’s domain infringes on the rights of others. It is Client’s responsibility to list accurate contact information in association with Client’s account and to communicate with litigants, potential litigants, and governmental authorities. It is not the Company’s responsibility to forward court orders or other communications to Client. Company will comply with court orders unless Client notifies Company in writing that Client has contested the order.
- Client agrees to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm . Client agrees that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. Client agrees that, if the registration or reservation of Client’s domain name is challenged by a third party, Client will be subject to the provisions specified in the Dispute Policy in effect at the time Client’s domain name registration is disputed by the third party. Client also agrees that, in the event a domain name dispute arises with any third party, Client will indemnify and hold Company harmless pursuant to the terms and conditions of the UDRP in addition to Client’s indemnification obligations under the Agreement. Client also understands that it is important for Client to regularly monitor email sent to the email address associated with Clients account and domain names because, among other reasons, if a dispute arises regarding Services provided to Client, Client may lose Client rights to receive the Services if Client does not respond expeditiously to an email sent in conjunction therewith.
- As further consideration for the Service(s), Client agrees to provide certain current, complete and accurate information about Client, both with respect to Client’s account information and with respect to the WHOIS information for Client’s domain name(s). Client agrees to maintain and update this information as needed to keep it current, complete and accurate. With respect to Client, the administrative, technical, and billing contacts for Client’s domain name registration(s) and other Service(s), Client must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. Client agrees that the type of information Client is required to provide may change and Client understands that, if Client does not provide the newly required information, Client’s registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent Client from obtaining all Service(s). Client may provide information regarding the name-servers assigned to Client’s domain name(s) and, if Company is providing name-server services to Client, the DNS settings for the domain name. If Client does not provide complete name-server information, or if Client purchases “Name Only” Services, Client agrees that we may supply this information (and point Client’s domain name to a website of Company’s choosing) until such time as Client elects to supply the name-server information or until such time as Clients elects to upgrade to web hosting services.
- In the event that, in registering a domain name or obtaining other Service(s), Client provides information about or on behalf of a third party, Client represents that Client has (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (b) that Client has obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. By registering a domain name or applying for other Service(s) Client also represents that the statements in Client’s application are true and Client also represents that the domain name is not being registered or the Services being procured for any unlawful purpose. Client acknowledges that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to Client. Client further agrees that Client’s failure to respond for over 10 calendar days to inquiries from Company concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to Client. As indicated elsewhere in this Agreement, Client understands that it is important for Client to regularly monitor email sent to the email address associated with Client’s account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), Client may lose its rights to the domain name(s) or its right to receive the Service(s) if Client does not respond appropriately to an email sent in conjunction therewith. While Company will perform due diligence to ensure domain information is correct, it is Client’s ultimate responsibility to report any discrepancies regarding domain names to Company including but not limited to: incorrect expiration date, incorrect contact information, and erroneous billing.
- In order to change any of Client’s account or domain name WHOIS information, Client must access its account with its Primary Service Provider (if any), or its account with us. Please safeguard Client’s account login identifier and password from any unauthorized use. Client agrees that any person in possession of Client’s account login identifier and password will have the ability and authorization to modify Client account and domain name information. Company will take reasonable precautions to protect the information Company obtains from Client from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. Clients agree that, if Company takes reasonable precautions in relation thereto, that IN NO EVENT SHALL COMPANY BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF CLIENT’S ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT COMPANY’S LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT.
- Client agrees that transfer of its domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. Client agrees that Company may place a “Registrar Lock” on Client’s domain name services and that this will prevent Client’s domain name services from being transferred without Client’s authorization, though we are not required to do so. By allowing Client’s domain name services to remain locked, Client provides express objection to any and all transfer requests until the lock is removed. To transfer Client’s domain name(s) Client should first log into Client’s account to lock or unlock Client’s domain name(s) and/or to obtain the authorization code which is required to transfer domain services in an EPP registry (such as .org). Alternatively, Client should contact Client’s Primary Service Provider to have your Client’s name(s) services locked or unlocked or to obtain the authorization code. If Client’s Primary Service Provider is unresponsive, then Client may contact Company to have Client’s domain name(s) locked or unlocked or to obtain the authorization code, though Company may first contact Client’s Primary Service Provider to request that the Primary Service Provider address the request. Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant or if Client fails to pay fees when due. Company will follow the procedures for both gaining and loosing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take 5 business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event Client may need to reinstate the transfer request. Client may be required to resubmit a transfer request if there is a communication failure or other problem at either Company or at the registry. AS A CONSEQUENCE, CLIENT ACKNOWLEDGEs THAT CLIENT ASSUMEs ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
- Client agrees and consents that Company will make available the domain name registration information Client provides or that Company otherwise maintains to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of Client’s domain name registration services of the domain name. Client hereby irrevocably waives any and all claims and causes of action Client may have arising from such disclosure or use of such information. Additionally, Client acknowledges that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that Company may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. Client agrees that we may make publicly available, or directly available to third parties, some, or all, of the information Client provides, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that Company may make some or all of the information that Client provides available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with Company. Company reserves the right to discontinue providing bulk WHOIS data access to third parties.
- No illegal content may be uploaded to the website. You are liable, not us.
- We do not provide any pro-rated refunds, although you can request a refund within 7 days of initial purchase.
- No spamming.
- Bandwidth is unlimited… to a point. Your IP address is shared with other users (unless you purchase a dedicated IP) so we use Quality of Service techniques to share the data. We have a gigabit throughout put, though, so hopefully you won’t get there.
- Your content is yours.
- We do not reimburse or refund for downtime. We are proud to have servers boasting 99.9%+ uptime.
- This Schedule shall be effective as of the date on which Client places the order for website hosting services. This Schedule will continue until terminated by either party, provided, however, that Client may not terminate this Schedule during the first 3 months following the date on which it became effective. Either party may terminate this Schedule by providing written notice to the other no less than 30 days prior to the effective date of the termination. Company may terminate this Schedule if Client fails to cooperate with Company or hinders Company’s ability to perform the website hosting services hereunder.
- Company reserves the right to refuse to remove from its servers and systems, or disable access to, any material that, in Company’s sole and exclusive discretion and judgment, is obscene, threatening, illegal, or violates Company’s terms of service in any manner with or without notice
- Client agrees to comply with all state and federal laws and regulations related to the use by, and collection of information from, minors. Potential harm to, or violation of laws and regulations related to minors, is strictly forbidden. Any website that Company determines in its sole and exclusive discretion and judgment is displaying, hosting or linking to child pornography will be suspended immediately without notice and may be terminated without refund at Company’s sole discretion. Company will report the finding of child pornography to the appropriate law enforcement agency at Company’s sole discretion.
- Use of the Website Hosting Services to infringe upon any copyright or trademark of any party is strictly prohibited. This includes but is not limited to (1) unauthorized copying of music, books, photographs, videos, motion picture or any other copyrighted work; (2) the offer for sale of any counterfeit merchandise; or (3) the unauthorized display of any music, book, photograph video, or motion picture. Any account found to be infringing upon the copyright or trademark of a rightful copyright or trademark holder will be expeditiously removed, or access to the material disabled. Any account found to be in repeated violation of copyright laws will be suspended and/or terminated without refund.
- Sites hosted on Company’s servers pursuant to this Agreement are regulated by U.S. law including, without limitation, Section 230(c) of the Communications Decency Act. For purposes of Section 230(c), Company is strictly a republisher of content and not the publisher of content. As such, the Company is not liable for any allegedly defamatory, offensive or harassing content published on websites hosted by Company. Company will not remove allegedly defamatory material from websites hosted o by company with the exception of material determined to be defamatory by a court and subject to a court order. If a court order specifically states that any material hosted on Company’s servers pursuant to this Agreement is defamatory, libelous, or slanderous in nature then Company will disable access to the material and comply with an order of any court regarding such material.
- Company services, including all related equipment, networks and network devices are provided only for authorized customer use. Company servers and systems may be monitored for all lawful purposes including, without limitation, the following: (1) to ensure that use is authorized; (2) for management of the servers and the system; (3) to prevent unauthorized access; and (4) to verify security procedures, survivability, and operational security of the servers and the system. Company may access, examine, record, copy and use any information contained on the Company’s servers and systems, including information contained in Client’s website, for Company’s purposes. Use of Company’s servers and system(s) for website hosting constitutes consent to monitoring as described herein and as may otherwise be conducted by the Company.
- Company may cooperate with and disclose any Client website or account information to law enforcement agencies without further consent from or notification to Client upon lawful request from such agencies.
- Company has a zero-tolerance policy towards the sending of unsolicited e-mail, bulk emailing, and spam (collectively referred to as “Spam”). All purchased e-mail lists, regardless of the way in which such list may be characterized by the seller of such list, will be treated as Spam. Company may terminate any website that Company determines in its sole and exclusive discretion and judgment:
- Is sending Spam without notice at Company’s sole discretion;
- Is listed on any credible list of Spam websites published by any credible non-profit organization (for example only, Spamhaus.com) or any commercial internet security company (such credibility to be determined by Company in Company’s sole discretion);
- that results in Company’s IP addresses or websites being “blacklisted”
Company reserves the right, in its sole and exclusive discretion and judgment, to require changes or disable as necessary any website, account, database, or other component that does not comply with Company’s policies as amended from time to time, or to make any such modifications in an emergency as determined by Company in its sole discretion. Company reserves the right to charge Client any and all costs incurred by Company to resolve any issues and/or remove Company from any “blacklist” that is caused by or results from Client’s website, including any fees charged by such services or the hiring of consultants, vendors or contractors for such purpose.
- Client’s failure to respond to an inquiry by e-mail or otherwise from Company regarding any issue related to abuse by or before the end of the second business day following transmission of such inquiry may result in the suspension or termination of Client’s website.
- Unless Client purchases website design and maintenance from Company, it is Client’s sole and exclusive responsibility to ensure that (1) the website, including all passwords and credentials are secure; (2) all scripts and programs installed on the website are secure and include appropriate levels of permissions and credentials; and (3) the website is monitored on a regular basis and security issues and incidents are addressed promptly.
- Client’s use of Company’s website hosting service is at Client’s sole risk. Company may, but is not obligated to, back-up Client’s website and website data pursuant to Company’s back-up policy as may be amended from time to time. Company’s back-up of website data is performed as a courtesy to Client and does not constitute a warranty of any kind. Company is not responsible for files and/or data residing on Client’s website or within Client’s account and Client agrees to (1) back-up Client’s website and account on a regular basis; (2) be solely and exclusively responsible for maintaining sufficient and appropriate back-ups of Client web-site and account as determined by Client; and (3) in the event of website or data loss be responsible for restoring Client’s website and data. In the event that Client requests that Company restore Client’s website from Company’s back-up, if available, Client will pay Company’s then prevailing rates for such service.
- Client agrees to use Company’s website hosting service strictly for Client’s own website(s) unless otherwise agreed to between Client and Company. This Agreement does not permit or allow Client to resell website hosting services unless otherwise agreed to by Company.
- Client is allocated a monthly bandwidth allowance based upon Client’s subscription. This allowance varies depending on the hosting package Client has purchased. Should Client’s account exceed the allocated bandwidth then Company reserves the right to (1) suspend Client’s account until the start of the next allocation, (2) suspend the account until Client upgrades Client’s subscription to include more allocated bandwidth (3) charge Client an additional fee for the overages; or (4) terminate Client’s account and website hosting. Bandwidth that is unused during one month may not be saved, reserved, carried over or transferred to the any other month.
- The amount of resource and storage allocated to, and available to, Client will be based on the package or services purchased by Client. In the event that Client exceeds the resources of storage purchased by Client, Company reserves the right to change the package or services purchased by Client to match the resources and storage Client is actually using, at Company’s sole discretion, and charge Client for the additional cost of such enhanced resource or storage package or services.
All other services
For all other services, an agreed-upon contract is required and should be signed prior to the start of work. No refunds are ever provided for paid invoices. The Client agrees that any dispute will be litigated in Los Angeles, CA.