Terms of Service
Unspam Registry Services, Inc. ("Unspam") provides this website, all the content under this domain, and its services to you subject to the following conditions (the "Terms of Service"). Whether you or your agents visit the Website you accept these conditions. Please read them carefully. "Website" includes, but is not limited to, all content under this domain (including subdomains) and the domains (including subdomains) registrycompliance.org, registrycompliance.net, and any other domain or subdomain owned or operated by Unspam.
SECTION 1: COPYRIGHTS
All content included on the Website, such as text, graphics, logos, button icons, images, audio clips, digital downloads, data compilations, and software, as well as the compilation of that content into one, coherent website, is the property of Unspam and protected by United States and international copyright laws. Reproduction of the content of the Website without the written permission of Unspam is prohibited.
SECTION 2: TRADEMARKS AND SERVICEMARKS
The Registry Compliance logo, the Unspam logo, and other Unspam graphics, logos, page headers, button icons, scripts, and service names are trademarks, certification marks, service marks, or other trade dress of Unspam or its subsidiaries. Unspam's trademarks, certification marks, service marks, and trade dress have inherent meaning and substantial value because of their restricted use. They may not be used in connection with any product or service that is not Unspam's, in any manner without Unspam's permission. All other trademarks not owned by Unspam or its subsidiaries that appear on the Website are the property of their respective owners, who may or may not be affiliated with, connected to, or sponsored by Unspam or its subsidiaries.
SECTION 3: LICENSE TO ACCESS WEBSITE AND SERVICES
In consideration for accessing the Website, Unspam grants you a limited license to access and make personal use of the Website. This license prohibits your downloading (other than page caching) or modifying any portion of it, except with express, written consent of Unspam. This license does not allow resale of Unspam's services. You may not frame or utilize framing techniques to enclose any trademark, logo, or other proprietary information (including images, text, page layout, or form) of the Website without express written consent of Unspam. You may not use any meta tags or any other "hidden text" utilizing Unspam's name or trademarks without the express written consent of Unspam. Any unauthorized use automatically terminates the permission or license granted by Unspam and may incur legal liabilities for any damages.
You are granted a limited, revocable, and nonexclusive right to create a hyperlink to any non-password protected directories, so long as the link does not portray Unspam, its affiliated websites, or its services in a false, misleading, derogatory, or otherwise offensive matter. You may not use any of Unspam's proprietary graphics or trademarks as part of the link without express written permission.
SECTION 4: RECORDS OF VISITOR USE AND ABUSE
As a visitor to the Website, you consent to having your Internet Protocol address recorded and your activities monitored. In addition, by making use of the Registry Compliance Service, and notwithstanding any prohibition to the contrary contained in any disclaimer or agreement required by you, you consent to allowing active monitoring of your compliance, including, but not limited to inserting "monitored addresses" into your lists. Abuse includes but is not limited to:
SECTION 5: ACCOUNTS AND PASSWORDS
If you are issued an account, you are responsible for maintaining the confidentiality of your account and password, and you agree to accept responsibility for all activities that occur under your account or password. Unspam reserves the right to, under its sole discretion, refuse service, terminate accounts, and remove or edit entries on any of its websites or services.
SECTION 6: INDEMNITY
You agree to indemnify and hold Unspam, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of your use of the Service, your connection to the Service, your violation of the Terms of Service, or your violation of any rights of another.
SECTION 7: ACCOUNT DISPUTES AND UNACCEPTABILITY OF CHARGEBACKS
If you have a question about charges made to your account, please contact Unspam immediately. You may request that Unspam refund charges to your charge, credit or debit cards. Unspam will review such request and respond within five (5) business days. However, you acknowledge and agree that chargebacks requested through your issuing bank are an unacceptable charge dispute resolution method. If you dispute the credit card charge that Unspam charges for its services, Unspam reserves the right to suspend your account as soon as Unspam is informed of it. You agree to immediately pay to Unspam any chargebacks of amounts originally charged to your charge, credit or debit cards, as well as for fees incurred by Unspam for such chargebacks. Your responsibility for chargebacks and related fees will continue even if you have received the funds, and/or closed your account. Any chargeback fees, past due fees and costs will be sent to collections. If Unspam's collection efforts fail, unpaid debts may be reported to the States of Michigan and Utah, all available credit reporting agencies and Host Abuse.
SECTION 8: DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
THE WEBSITE IS PROVIDED BY UNSPAM ON AN "AS IS" AND "AS AVAILABLE" BASIS. UNSPAM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, AS TO THE OPERATION OF THE WEBSITE, THE EFFECTIVENESS OF ITS SERVICES, OR THE INFORMATION, CONTENT, MATERIALS, OR PRODUCTS INCLUDED ON THE WEBSITE. YOU EXPRESSLY AGREE THAT YOUR USE OF THE WEBSITE IS AT YOUR SOLE RISK. TO THE FULL EXTENT PERMISSIBLE BY APPLICABLE LAW, UNSPAM DISCLAIMS ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. UNSPAM MAKES REASONABLE EFFORTS, BUT DOES NOT WARRANT THAT THE WEBSITE, ITS SERVERS, OR EMAIL SENT FROM ANY OF ITS DOMAINS ARE FREE OF VIRUSES OR OTHER HARMFUL COMPONENTS. UNSPAM WILL NOT BE LIABLE FOR ANY DAMAGES OF ANY KIND ARISING FROM THE USE OF THE WEBSITE, INCLUDING, BUT NOT LIMITED TO DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, AND CONSEQUENTIAL DAMAGES. CERTAIN STATE LAWS DO NOT ALLOW LIMITATIONS ON IMPLIED WARRANTIES OR THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES. IF THESE LAWS APPLY TO YOU, SOME OR ALL OF THE ABOVE DISCLAIMERS, EXCLUSIONS, OR LIMITATIONS MAY NOT APPLY TO YOU, AND YOU MIGHT HAVE ADDITIONAL RIGHTS.
SECTION 9: TERMINATION
You agree that Unspam may, under certain circumstances and without prior notice, immediately terminate your Registry Compliance account, any associated email address, and access to the Website and associate Services. Cause for such termination shall include, but not be limited to, (a) breaches or violations of the Terms of Service or other incorporated agreements or guidelines, (b) requests by law enforcement or other government agencies, (c) a request by you (self-initiated account deletions), (d) discontinuance or material modification to the Service (or any part thereof), (e) unexpected technical or security issues or problems, (f) extended periods of inactivity, (g) you have engaged in fraudulent or illegal activities, and/or (h) nonpayment of any fees owed by you in connection with the Website and associated Services. Further, you agree that all terminations for cause shall be made in Unspam's sole discretion and that Unspam shall not be liable to you or any third-party for any termination of your account, any associated email address, or access to the Service. You further acknowledge and agree that notwithstanding any termination, your obligations to Unspam set forth in Sections 6, 7 and 8 shall survive such termination.
SECTION 10: MODIFICATIONS
Unspam reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Website and associated Services (or any part thereof) with or without notice. You agree that Unspam shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Website or associated Services.
SECTION 11: LINKS
The Service may provide, or third parties may provide, links to other World Wide Web sites or resources. Because Unspam has no control over such sites and resources, you acknowledge and agree that Unspam is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Unspam shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content,
SECTION 12: NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in this Terms of Service, there shall be no third party beneficiaries to this Agreement.
SECTION 13: NOTICE
Unspam may provide you with notices, including those regarding changes to the Terms of Service, by either email, regular mail, or postings on the Website.
SECTION 14: WAIVER
The failure of Unspam to exercise or enforce any right or provision of the Website shall not constitute a waiver of such right or provision. If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 15: SEVERABILITY OF TERMS
If any provision of the Terms of Service is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms of Service remain in full force and effect.
SECTION 16: NON-TRANSFERABILITY OF ACCOUNTS
You agree that your Registry Compliance account is non-transferable except with the written consent of Unspam.
SECTION 17: TIME LIMITATIONS FOR CLAIMS
You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of the Website must be filed within one year after such claim or cause of action arose or be forever barred.
SECTION 18: APPLICABLE LAW
By visiting the Website, you agree that the laws of the United States and, specifically, those of the state of Utah, without regard to principles of conflict of laws, will govern these Conditions of Use and any dispute of any sort that might arise between you and Unspam or its affiliates. Any dispute or claim arising out of or in connection with this Agreement shall be adjudicated in Summit County, Utah, USA.
SECTION 19: HEADINGS
The headings and section titles in the Terms of Service are for convenience only and have no legal or contractual effect.
SECTION 20: OUR ADDRESS
Unspam Registry Services, Inc.