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This agreement is effective February 1, 2021.
By using Porkbun’s Domain Name Privacy Service (hereinafter the "Domain Privacy Service,"), you signify your agreement to the terms and conditions contained in this Domain Name Privacy Service Agreement (hereinafter, the "Agreement"), as may be changed at any time. This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "You" or "Your" and Porkbun, LLC. (“Porkbun”, "We", “Us” and “Our”).
The following additional terms and conditions contained in this section apply where You authorize and direct Porkbun to display Domain Privacy Service contact information in the public WHOIS database for a domain name’s Registrant, Administrative Contact, and Technical Contact. By purchasing the Domain Privacy Service (“Service”) for a particular domain name registration, You understand and agree that Porkbun will display the Domain Privacy Service’s name, email address, post office box mailing address, and telephone number in the public WHOIS database. You also understand and agree that Porkbun will provide the Domain Privacy Service's name, email address, post office box mailing address, and telephone number to the central top-level domain (“TLD”) name registry. If required by the registry, Porkbun may also send Your contact information to the registry in addition to the Domain Privacy Service's contact information. You also understand and agree that the Domain Privacy Service's name, email address, post office box mailing address, and telephone number will be sent to the third party data escrow service as required by ICANN regulations. Additionally, if required by ICANN, Porkbun will send Your contact information to a third party data escrow service. These terms and conditions apply to all circumstances where You utilize the Domain Privacy Service’s contact information for display in the public WHOIS database in association with any domain name You register. You agree to pay any and all applicable fees for the Domain Privacy Service as set forth on our web site.
You understand and agree that Porkbun will receive all email, postal mail and telephone communications on Your behalf. Except where specifically indicated otherwise, any communication or material You transmit to the Domain Privacy Service by electronic mail or other means, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary. Anything You transmit may be used by Porkbun and its affiliates or licensees for any purpose.
You agree to provide Porkbun with a valid and current mailing address, telephone number and email address in connection with Your domain name registration. You acknowledge that You may not receive messages sent to any address that is invalid, inactive, expired, or unable to receive messages for any reason and at any time – and that your failure to receive and appropriately respond to email or physically delivered messages from Porkbun, ICANN, and/or others may result in suspension or cancellation of the Porkbun Privacy Service and your domain name registration.
YOU HEREBY WAIVE ANY AND ALL CLAIMS RELATED TO OR ARISING FROM YOUR FAILURE TO RECEIVE COMMUNICATIONS DIRECTED TO YOU VIA THE PORKBUN PRIVACY SERVICE, BUT NOT FORWARDED TO YOU BY THE PORKBUN PRIVACY SERVICE.
PORKBUN WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE DOMAIN PRIVACY SERVICE, (B) USE OF THE DOMAIN PRIVACY SERVICE, (C) INTERRUPTION OF THE DOMAIN PRIVACY SERVICE OR INTERRUPTION OF YOUR BUSINESS, (D) LOSS OR LIABILITY RESULTING FROM ACTS OR EVENTS BEYOND OUR CONTROL, (E) YOUR FAILURE TO RECEIVE IMPORTANT CORRESPONDENCE SENT TO YOU AT THE EMAIL OR PHYSICAL ADDRESS YOU PROVIDE TO US, INCLUDING, BUT NOT LIMITED TO, LEGAL NOTICES OR DISPUTE RESOLUTION COMPLAINTS, OR (F) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR 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. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN $100.00 (US DOLLARS). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITY, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE DOMAIN PRIVACY SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE DOMAIN PRIVACY SERVICES UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
PORKBUN DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE DOMAIN PRIVACY SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
You hereby agree that Porkbun has the absolute right and power, in its sole discretion and without notice or liability to You whatsoever, to: (a) reveal to third parties the contact information You provided to Porkbun during the domain name registration process; and, (b) suspend, terminate, or otherwise interrupt Your Domain Privacy Service, where Porkbun, in its sole discretion and without liability, discloses Your identity and contact information when in good faith Porkbun believes it is required by law, in compliance with legal process, or to address a potential claim of infringement or liability associated with the domain name.
Porkbun may terminate the Domain Privacy Service and unmask Your domain names at any time with email notice to You, in response to (i) any third party claim, (ii) demand of ICANN or any governmental authority, or (iii) in the event of a breach of any provision of this Agreement.
While using the Domain Privacy Service, You agree that You will not use the Domain Privacy Service for any purpose that is unlawful or prohibited by these Terms of Service. Without limiting the foregoing, You agree that You will not:
(a) Use the Domain Privacy Service to send spam, chain letters, pyramid schemes, or other unsolicited communications of any kind;
(b) Use the Domain Privacy Service to abuse, defame, threaten, stalk, harass, breach the confidence of, or otherwise violate the legal rights of others;
(c) Introduce any viruses, worms, Trojan horses, or any other harmful or destructive items into the Domain Privacy Service;
(d) Interfere with or disrupt networks connected to the Domain Privacy Service;
(e) Attempt to modify, reverse engineer, or reverse assemble any part of the Domain Privacy Service;
(f) Conduct yourself in a manner that will, or is reasonably likely to, negatively affect the Domain Privacy Service or other users of the Domain Privacy Service; or
(g) Violate any applicable laws or regulations, including without limitation any copyright, trademark or other intellectual property laws.
Any unauthorized use of the Domain Privacy Service (including, but not limited to, hacking, use of any robot, spider or any other automated device or process) will constitute a violation of these Terms of Service.
You agree that, at all times and in Our sole discretion, Porkbun retains the right to refuse or deny the Domain Privacy Service to You, and thus publicly reveal your information in the WHOIS database. You acknowledge and agree that You shall not be entitled to any refund or credit of any fees or funds previously paid to Porkbun, in the event that Your Domain Privacy service is terminated or interrupted for any reason.
You agree that Porkbun’s Domain Name Privacy Service has the authority to act as your Designated Agent as defined in ICANN’s Transfer Policy. As your Designated Agent, Domain Privacy Service will maintain the right to approve requests to modify registrant information and changes in domain ownership, including enabling and disabling WHOIS privacy. You also expressly agree to opt out of the 60 day inter-registrar transfer lock following any Material Change of registrant information or domain ownership, as defined in ICANN’s Transfer Policy, with the exception that the 60-day inter-registrar transfer lock will still apply to the Material Change of registrant information that occurs when a domain is purchased via Porkbun’s marketplace.
You acknowledge and agree that You may be required to disable any Domain Privacy Service You may have purchased for a particular domain name in order to initiate or complete a transfer of that domain name registration.
You agree to be bound by any and all other terms, conditions, exclusions, and/or restrictions in this Agreement concerning the purchase or use of Domain Privacy Service.
Any abuse of the Domain Privacy Service, including, but not limited to, utilizing Porkbun’s contact information in a Whois record or in any other manner not permitted by Porkbun in its sole discretion, without first purchasing the Domain Privacy Service, or any other activity that Porkbun deems in its sole discretion to constitute abuse or inappropriate use of the Domain Privacy Service, is strictly prohibited. You acknowledge and agree that Porkbun, in its sole discretion and without liability to You for any resulting loss or damages, may take immediate corrective action, including but not limited to deletion, suspension, cancellation, termination, or other interruption of the Domain Privacy Service, any or all of Your other services provided by Us, Your domain name registrations and/or Your customer account with Porkbun. In all such cases, any and all fees paid to Porkbun shall be non-refundable and ineligible for account credit. To report abuse, including IP and copyright infringement, email abuse@private.design or use any of the contact information designated on Porkbun.com/privacy. Claims will be investigated and responded to in a timely manner.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Oregon, as if the Agreement was a contract wholly entered into and wholly performed within the State of Oregon. You agree that any action to enforce this Agreement or any matter relating to Your use of the Hosting Services shall be brought exclusively in the United States District Court for the Western District of Oregon. You consent to the personal and subject matter jurisdiction of any state or Federal court in Oregon in relation to any dispute arising under this Agreement. You agree that service of process on You by Us in relation to any dispute arising under this Agreement may be served upon You by first class mail to the address listed by You in Your contact information or by electronically transmitting a true copy of the papers to the email address listed by You in Your contact information.
This Agreement may change over time, either through amendments by Porkbun, changes to ICANN policy, applicable law or governmental authority, which may or may not be reflected in the text of this Agreement. Before any material changes to this Agreement become binding on You (other than changes resulting from ICANN policy or action, applicable law or governmental authority), Porkbun will notify You of such changes by, for example, sending email to an address you have provided to Us. If, as a result of such a change, You no longer agree with the terms of this Agreement, then Your exclusive remedies are (a) to transfer Your domain name registration services to another registrar, or (b) to cancel the Domain Privacy Service. Your continued use of the Domain Privacy Service following notification of a change in this Agreement indicates Your consent to the changes. Unless otherwise specified by Us, any such change binds You thirty (30) days after We notify You of the change, or immediately if such change is a result of an ICANN policy, applicable law or governmental authority.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Domain Privacy Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Porkbun to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Porkbun of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Porkbun will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
By using the Porkbun website hosting services (hereinafter the "Hosting Service,"), you signify your agreement to the terms and conditions contained in this Website Hosting Agreement (hereinafter, the "Agreement"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "You" or "Your," and Porkbun, LLC (“Porkbun”, "We", “Us” and “Our”).
PRIVACY
Porkbun is responsible for the processing of personal data it receives and subsequent transfers to a third party acting as an agent on its behalf. If You have any questions about Our handling of Your personal data, or about Our privacy practices generally, please contact us at: privacy@porkbun.com. We will respond to Your inquiry promptly.
As explained in Porkbun’s Privacy Policy https://porkbun.com/legal/agreement/privacy_policy, We sometimes provide personal information to third parties to perform services in connection with the Domain Privacy Service. If We transfer personal information received to a third party, the third party’s access, use, and disclosure of the personal data must also be in compliance with Our obligations, and We will remain liable for any failure to do so by the third party unless We prove We are not responsible for the event giving rise to the damage.
Porkbun and its affiliated companies are subject to the investigatory and enforcement powers of the Federal Trade Commission (FTC). We may be required to disclose personal information that We handle in response to lawful requests by public authorities, including to meet national security or law enforcement requirements.
We may collect and use information about You in the manner set out in Our Privacy Policy. The Privacy Policy forms part of the overall Terms of Service of the Domain Privacy Service and is incorporated herein by this reference.
The Services consist of the website hosting package with the specific configuration which You selected or are going to select through the Services Interface as You use the Hosting Service. You acknowledge and understand that important service limitations (including bandwidth limitations, storage size and other capacity issues), pricing (including pricing for optional Services, such as automatic capacity upgrade in the event of overage), the term of the Services, payment terms, and other conditions relating to the Services are set forth on Our website and are hereby incorporated into this Agreement.
You agree that any chargeback by a credit card company (or similar action by another payment provider) of a charge related to the Hosting Service, for whatever reason, is a material breach of this Agreement and is grounds for termination. You further acknowledge and agree that, upon a chargeback by You, We may suspend Your access to any account You have with us and Your use of any domain names, websites, website content, email, or other data hosted on Our systems. Porkbun will reinstate Your rights solely at our discretion, and subject to our receipt of the fee owed and our then-current reinstatement fee, currently set at US$200.
You agree that the Hosting Service shall be provided for the term You selected through the Services Interface. If you do not terminate the Hosting Services -- through the services interface -- prior to the end of the current Hosting Services term, then You agree that the Services may be renewed for another term of equal duration to the immediately preceding term, and that the resulting fees shall be charged to the credit card associated with Your account. You agree to hereby waive any requirement which might otherwise be imposed by law which would require that Porkbun obtain your affirmative consent for on-going billings and that your continuing consent to be billed for such renewal(s) may be presumed until such time as you terminate the Hosting Service through the Hosting Services Interface. You agree that attempts to terminate the Hosting Service other than through the Services Interface (such as by sending an email to a general email address of Us) are not reliable means of communication and that such a termination attempt shall not be binding until accepted and acknowledged by Us. In relation to renewals, You further agree that it is your obligation to keep the credit card information associated with Your account current and that Porkbun shall not be obligated to contact You to update such information in the event that the charges are denied.
Without limiting any other rights available to us at law or otherwise, Your use of the Hosting Service may be suspended and/or this Agreement may be terminated if Porkbun determines that You are or are alleged to be violating the terms and conditions of this Agreement or any other agreement entered into by You and Us, or if such Service or Account is used in association with morally objectionable activities, illegal uses, or for any reason whatsoever. In the event of termination or suspension of the Hosting Service under such circumstances, You agree a) that no pre-paid fees will be refunded to You and b) that Porkbun may take control of any domain name associated with the terminated Hosting Service, provided such domain name was registered through the domain name registration services of Us. You understand that taking control of a domain name includes, without limitation, acts such as listing Porkbun as the "registrant" and/or "administrative contact" for the domain name and controlling the DNS settings for the domain name.
Porkbun may elect to terminate this Agreement without cause and discontinue the Hosting Service upon 30 days notice, whereupon any pre-paid fees for any unused portion of a service term shall be refunded to You within a reasonable period of time. You further agree that Porkbun may elect to terminate this Agreement without cause and that, in such event, the termination shall take effect immediately and that any pre-paid fees for an unused portion of Your service term shall be refunded to You within a reasonable period of time.
You agree to release and indemnify Porkbun and its officers, directors, employees and agents from and against all costs, expenses, loss, proceedings, or liabilities brought against or incurred by those persons in connection with Your use of the Hosting Service or Account or breach of these Terms of Service in any way.
The Hosting Service is provided through an infrastructure which is shared by all users of the Hosting Service. Your use of the Hosting Service may be throttled or suspended indefinitely if your use of the Hosting Service degrades the ability of Us to provide the Hosting Service to other users of the Hosting Service. Disk space and bandwidth is meant only for the resources required to serve your website; it is not meant for archives, personal storage, backups, unrelated files, or other use that may cause above normal resource utilization.
Some Hosting Service plans, such as Our free Wordpress plan may display advertisements on your website. Your use of the Hosting Service may be suspended indefinitely if your use prevents the display of, hides, or otherwise obscures the display advertisements from view.
You acknowledge that email and/or online communication systems (chat, account notices, etc.) will be the primary means of communication between Yourself and Porkbun. You acknowledge that it is Your responsibility to maintain a valid email address physical mailing address and telephone number in Your contact information. You further agree that You will regularly login to Your account to obtain any notices posted through the Hosting Services Interface. You agree that your failure to respond to a communication from Us may result in suspension or cancellation of the Hosting Service without any refund of pre-paid fees, if any.
You acknowledge that Porkbun is not obligated to return any data to You upon termination of this Agreement. You may access, correct, or request deletion of Your personal data by contacting us at privacy@porkbun.com. We will respond to Your request within a reasonable timeframe. In certain circumstances We may be required by law to retain Your personal data, or may need to retain Your personal data in order to continue providing a service. You acknowledge that it is Your responsibility to download, make copies of, and/or backup all data residing on the servers and other equipment which provides the Hosting Service, and to do so within the bandwidth limitations of the Hosting Service. You acknowledge that any loss or corruption of data which occurs due to any interruption in the Hosting Service, regardless of the cause of the interruption, shall not be the responsibility of Us and that You may, following an interruption in the Hosting Service, be required to again upload data to the servers and other equipment which provides the Hosting Service.
You agree that any personally identifying information provided by You shall be used by Us according to our Privacy Policy.
You represent and warrant as follows: that a) You are lawfully entitled to use, display, posses, or access the data uploaded, linked to, framed, or otherwise posted on Your website by You and/or by the users of Your website; b) that Your website and Your use of the Hosting Service will not infringe the intellectual property rights of any third party; c) that Your website and Your use of the Hosting Service will not violate any laws, including, without limitation, laws relating to unsolicited commercial email, child abuse material, collection of identifying information, consumer protection, and privacy; d) that neither You nor those who access Your website will upload any malware, worms, virus, or malicious code to the servers which provide the Hosting Service; and e) that Your website and Your use of the Hosting Service will not subject Porkbun to any claims by any third party, including claims relating to infringement of intellectual property rights or claims relating to the products or services which You may provide or offer through the website hosted through the Hosting Service.
You further represent and warrant that You will not allow any unauthorized third party to access the account which You use to access the Hosting Service.
You agree that any unplanned or unannounced interruptions in the Hosting Service shall not require a remedy unless such unplanned or unannounced interruptions exceed 24 hours in any 30 day period, in which case You agree that the exclusive remedy shall be a credit toward 24 hours of hosting for each 24 hour period of unplanned or unannounced interruptions, and that such credit shall exclusively be applied against the fees owed for Your next period of hosting, if any, or shall be exclusively be accomplished by adjusting the end of Your then-current Hosting Service term.
PORKBUN WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE HOSTING SERVICE, EXCEPT TO THE LIMITED EXTENT THAT A REMEDY IS PROVIDED UNDER THIS AGREEMENT; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEB SITE(S) PROVIDED THROUGH OR BY THE SERVICES; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND OUR CONTROL; (G) THE PROCESSING OF YOUR APPLICATION FOR THE HOSTING SERVICE; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR 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, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES FOR A ONE-MONTH PERIOD, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF US SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE SERVICES OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE HOSTING SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
PORKBUN DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE HOSTING SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE HOSTING 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Oregon, as if the Agreement was a contract wholly entered into and wholly performed within the State of Oregon. You agree that any action to enforce this Agreement or any matter relating to your use of the Hosting Services shall be brought exclusively in the United States District Court for the Western District of Oregon. You consent to the personal and subject matter jurisdiction of any state or Federal court in Oregon in relation to any dispute arising under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
This Agreement may change over time, either through amendments by Porkbun, changes to ICANN policy, applicable law or governmental authority, which may or may not be reflected in the text of this Agreement. Before any material changes to this Agreement become binding on You (other than changes resulting from ICANN policy or action, applicable law or governmental authority), Porkbun will notify You of such changes by, for example, sending email to an address you have provided to Us. If, as a result of such a change, You no longer agree with the terms of this Agreement, then Your exclusive remedy is to cancel the Hosting Service. Your continued use of the Hosting Service following notification of a change in this Agreement indicates Your consent to the changes. Unless otherwise specified by Us, any such change binds You thirty (30) days after We notify You of the change, or immediately if such change is a result of an ICANN policy, applicable law or governmental authority.
When registering for the Hosting Service, you warrant that you have contractual capacity and that you can legally form a binding contract that is enforceable against you. In Oregon, this requires you to be eighteen (18) years of age or older. This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and governs all prior proposals, agreements, or other communications with respect to the Hosting Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Porkbun to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Porkbun of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Porkbun will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
By participating in Porkbun LLC’s Third-level Domain and Website Service, the user (hereinafter “You”), agrees to be bound by the following Terms of Service (TOS), which will be updated from time to time without notice. You are responsible for reviewing and periodically checking the TOS as Porkbun reserves the right to change it at any time. The current version of the TOS can be found on Porkbun’s website.
Porkbun LLC offers third-level domain name websites to users free of charge. In order to take advantage of this offer, You must create and verify an account with Porkbun or one of its niche registration sites. You may select a free third-level domain, if available, bundled with a hosting and website service, the provider of which will be designated by Porkbun. The Third-level Domain and Website Service is inclusive of basic features (such as hosting, website templates options, third-level domain, etc.), as explained on our website. Alternative hosting solutions and advanced features, like Porkbun’s email services, will not be available for third-level domains. You have the option of upgrading to paid hosting and website services or to a second-level domain registration (subject to availability) at any time to gain access to more advanced features and services. Using the Third-level Domain and Website Service does not confer ownership of the third-level domain name to You. You may not sell or lease third-level domains to third parties nor will You allow any unauthorized party to access Your account.
Porkbun reserves the right to delete, suspend, or reallocate any third-level domain and cancel Your hosting service at its sole discretion at any time and without cause. All use of hosting services and content hosted on third-level domains will be subject to these TOS in addition to any terms and/or agreements put forward by the designated hosting provider regarding the use of their services. You will not use third-level domains to perpetuate abusive and illegal behaviors, such as (but not limited to) distributing malware, phishing, pharming, copyright infringement, or distributing illegal content, including but not limited to content that is harmful or abusive to minors, threatening, racially, ethnically, sexually or otherwise harassing, tortious, defamatory, invasive of another’s privacy, or that contains software viruses or any other code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware telecommunications equipment. You take sole responsibility for content hosted and published on Your free website. Penalties for violating these TOS include having Your account and third-level domain deleted or suspended and the corresponding website and hosting service cancelled, at the Porkbun’s discretion.
You agree to populate third-level domain websites with content that abides by the TOS and all applicable laws. Unpopulated, inactive, or parked third-level domains and websites may be deleted at the Porkbun’s discretion. Porkbun may attempt to contact You to confirm interest in the domain and hosting solution before deletion.
You will maintain up-to-date account and contact information (name, email address, phone number, and address). You give Porkbun and its affiliates and designees the right to send email notifications regarding Your account, website, and user activity, in addition to promotional materials, reminders, and offers. Email will be the primary method of communication between Porkbun and You. Porkbun also reserves the right to contact You via any of Your listed contact information.
You will be asked by Porkbun to “renew” Your third-level domain annually by confirming Your interest and use of the third-level domain. For example, this renewal and certification of interest may be completed via an email link You must click, the completion of a brief survey, or some similar exercise. The renewal email will be sent to the primary email address associated with Your account. Failure to respond to the renewal email for third-level domains may result in their deletion and the cancellation of any website hosting services, at which point content and information relating to the website may not be recoverable.
This service is provided to You as-is. Unplanned or unannounced interruptions in the designated hosting provider’s services or Porkbun’s services will not require remedy. Porkbun is not responsible for the loss or corruption of content on Your website in the case of a technical failure. It is Your sole responsibility to back up data. Porkbun will provide You with customer support regarding its Third-Level Domain and Website Service primarily in the form of email support. Support emails should be sent to support[at]porkbun.com. Porkbun support staff may redirect Your inquires to the designated hosting provider’s customer support. To report abuse or copyright infringement as addressed previously in these TOS, please email abuse[at]porkbun.com or call +1.5038508351. Porkbun will review and investigate abuse emails in a timely manner and take appropriate action. For more information, see Porkbun’s Customer Service, Trademark and Copyright, and Abuse Policies.
PORKBUN WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE THIRD-LEVEL DOMAIN AND WEBSITE SERVICE; (B) INTERRUPTION OF BUSINESS; (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE THIRD-LEVEL DOMAIN AND WEBSITE SERVICE; (D) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND OUR CONTROL; (G) THE PROCESSING OF YOUR APPLICATION FOR THE HOSTING SERVICE; OR (H) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU FURTHER AGREE THAT WE WILL NOT BE LIABLE FOR 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, REGARDLESS OF WHETHER OR NOT WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF US EXCEED ONE HUNDRED DOLLARS ($100.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE LIABILITY OF US SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE THIRD-LEVEL DOMAIN AND WEBSITE SERVICE OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE THIRD-LEVEL DOMAIN AND WEBSITE SERVICE UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
PORKBUN DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE THIRD-LEVEL DOMAIN AND WEBSITE SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF THE THIRD-LEVEL DOMAIN AND WEBSITE 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. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Oregon, as if the Agreement was a contract wholly entered into and wholly performed within the State of Oregon. You agree that any action to enforce this Agreement or any matter relating to your use of the Third-level Domain and Website Service shall be brought exclusively in the United States District Court for the Western District of Oregon. You consent to the personal and subject matter jurisdiction of any state or Federal court in Oregon in relation to any dispute arising under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your contact information or by electronically transmitting a true copy of the papers to the email address listed by you in your contact information.
The Third-level Domain and Website Service is provided only to individuals who are eighteen (18) years of age or older. This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Porkbun, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Third-level Domain and Website Service. Nothing contained in these TOS shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Porkbun to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Porkbun of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Porkbun will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
By using Porkbun's Email Services, inclusive of Email Forwarding and/or Email Hosting Services (hereinafter the "Email Service,"), you signify your agreement to the terms and conditions contained in this Email Service Agreement (hereinafter, the "Agreement"). This Agreement is between you, your organization (if you are entering into this Agreement on behalf of an organization), collectively referred to herein as "You" or "Your," and Porkbun, LLC (“Porkbun”, "We", “Us” and “Our”).
It is our policy to respect your privacy. Please review our Privacy Policy to learn more about our policies and practices regarding your privacy while using our services.
The Email Service provided by Porkbun is intended for individuals and is for Your use only. Any unauthorized resale of the Email Service provided is expressly prohibited. You are responsible for providing Porkbun with complete and accurate information during the registration process. You are responsible for abiding by all local, national and international laws and regulations. Furthermore, You agree to be solely responsible for all acts and omissions carried out under Your username and password, including the content of Your transmissions sent through the Email Service. By using the Email Service, You agree to not engage in any inappropriate activities, which include, but are not limited to the following:
Any abuse of the Email Service or any other activity that Porkbun deems in its sole discretion to constitute abuse or inappropriate use of the Email Service, is strictly prohibited. You acknowledge and agree that Porkbun, in its sole discretion and without liability to You for any resulting loss or damages, may take immediate corrective action, including but not limited to deletion, suspension, cancellation, termination, or other interruption of the Email Service, any or all of Your other services provided by Us, Your domain name registrations and/or Your customer account with Porkbun. In all such cases, any and all fees paid to Porkbun shall be non-refundable and ineligible for account credit.
You agree to pay, prior to the effectiveness of the Email Service, the applicable fees for the Email Service. All fees are non-refundable, in whole or in part, even if the Email Service is suspended or cancelled. At our option, we may require that You pay fees through a particular payment means (such as by credit card or by wire transfer) or that You change from one payment provider to another.
PORKBUN WILL NOT BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF THE EMAIL SERVICE, (B) USE OF THE EMAIL SERVICE, (C) INTERRUPTION OF THE EMAIL SERVICE OR INTERRUPTION OF YOUR BUSINESS, (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE EMAIL SERVICE; (E) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (F) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (G) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR PASSWORD; OR (H) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR 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. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR EMAIL SERVICES, BUT IN NO EVENT GREATER THAN $100.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
YOU AGREE TO RELEASE, INDEMNIFY, AND HOLD US, OUR CONTRACTORS, AGENTS, EMPLOYEES, OFFICERS, DIRECTORS AND AFFILIATES HARMLESS FROM ALL LIABILITIES, CLAIMS AND EXPENSES, INCLUDING ATTORNEYS’ FEES AND COURT COSTS, FOR ANY CLAIMS RELATING TO YOUR USE OF THE EMAIL SERVICE OR ARISING UNDER THIS AGREEMENT, INCLUDING WITHOUT LIMITATION, INFRINGEMENT OF ANY INTELLECTUAL PROPERTY OR OTHER PROPRIETARY RIGHT OF ANY PERSON OR ENTITY, OR FROM THE VIOLATION OF ANY TERM OR CONDITION OF THIS AGREEMENT. IF WE ARE AWARE OF A THIRD PARTY CLAIM WHICH IS RELATED TO THE EMAIL SERVICES UNDER THIS AGREEMENT, WE MAY SEEK WRITTEN ASSURANCES FROM YOU IN WHICH YOU PROMISE TO INDEMNIFY AND HOLD US HARMLESS FROM THE COSTS AND LIABILITIES DESCRIBED IN THIS PARAGRAPH. SUCH WRITTEN ASSURANCES MAY INCLUDE THE POSTING OF PERFORMANCE BONDS OR OTHER GUARANTEES. YOUR FAILURE TO PROVIDE SUCH ASSURANCES MAY BE CONSIDERED A BREACH OF THIS AGREEMENT BY YOU.
PORKBUN DOES NOT MAKE ANY REPRESENTATIONS NOR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE EMAIL SERVICE, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
Porkbun has the authority to terminate all or part of the Email Service with or without cause at any time. We may terminate Your account if You violate any term of this Agreement. We may terminate Your account for inactivity, which is defined as failing to log in to Your account for an extended period of time. If You wish to terminate your account voluntarily, You may do so by discontinuing the usage of the Email Service. Upon termination of Your account, Your right to use that account immediately ceases, and Porkbun has no further obligations to maintain the content in Your account or to provide You any further services.
This Agreement, Your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Oregon, as if the Agreement was a contract wholly entered into and wholly performed within the State of Oregon. You agree that any action to enforce this Agreement or any matter relating to Your use of the Email Service shall be brought exclusively in the United States District Court for the Western District of Oregon. You consent to the personal and subject matter jurisdiction of any state or Federal court in Oregon in relation to any dispute arising under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon You by first class mail to the address listed by You in your contact information or by electronically transmitting a true copy of the papers to the email address listed by You in your contact information.
This Agreement may change over time, either through amendments by Porkbun, changes to ICANN policy, applicable law or governmental authority, which may or may not be reflected in the text of this Agreement. Before any material changes to this Agreement become binding on You (other than changes resulting from ICANN policy or action, applicable law or governmental authority), Porkbun will notify You of such changes by, for example, sending email to an address you have provided Us. If, as a result of such a change, You no longer agree with the terms of this Agreement, then Your exclusive remedy is to cancel the Email Service. Your continued use of the Email Service following notification of a change in this Agreement indicates Your consent to the changes. Unless otherwise specified by Us, any such change binds You thirty (30) days after We notify You of the change, or immediately if such change is a result of an ICANN policy, applicable law or governmental authority.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersedes and govern all prior proposals, agreements, or other communications with respect to the Email Service. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Porkbun to require Your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Porkbun of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Porkbun will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
