DOMAIN NAME REGISTRATION AGREEMENT.

This agreement is effective February 1, 2021.

These terms and conditions apply if You purchase or otherwise obtain domain name registration services from Porkbun LLC (“Porkbun”). This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of Your use of domain name registration and related services ("Services").

DEFINITIONS

YOUR AGREEMENT

By using the Services, You agree to all terms and conditions of this Agreement, the UDRP (defined below), the URS (defined below), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any top level domain (“TLD”) name registry, or any governmental authority.

REGISTRANT'S RIGHTS AND RESPONSIBILITIES

ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policies. Please review these important Registrant Rights and Responsibilities.

YOUR ACCOUNT

You must create an account to use the Services ("Account"). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of Your Account by You or any third party.

Sharing of WHOIS Information. We will make available the domain name registration information You provide or that We otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, 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 Your domain name registration services. You irrevocably waive any and all claims and causes of action You may have, if any, arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information You provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with Us.

ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that We 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/.

THIRD LEVEL REGISTRATION

Third Level Registrations (e.g., example.interior.design) are offered at some second-level domain names (e.g., interior.design) owned by Porkbun. Porkbun retains sole discretion to suspend, modify, cancel and/or transfer any Third Level Registration at any time, for any reason.

TERM OF SERVICE

Unless otherwise specified on our web site or herein, each Porkbun Service is for a one-year initial term, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process or on our website. Any renewal of Your Services with Porkbun is subject to our then-prevailing terms and conditions. You acknowledge and agree that the then-current renewal price may be higher or lower than the price You paid for the initial or any subsequent term of Service.

You acknowledge that it is Your sole responsibility to keep Your own records and to maintain Your own reminders regarding when Your Services are set to expire. As a convenience to You, and not as a binding commitment, Porkbun may notify You via an email message or via Your account when renewal fees are due. If for any reason You do not complete timely payment of fees in connection with Your renewal transaction, Your services will expire or be cancelled. 

Unless You disable the automatic renewal option, Porkbun will automatically attempt to renew Your Services as they come up for renewal for a renewal period equal in time to the most recent service period. During such an automatic renewal, Porkbun will take payment from the payment method associated with Your account, or account credit if no payment method is specified and sufficient account credit is present. Renewals will be charged at Porkbun’s then-current rates, which You acknowledge and agree may be higher or lower than the rates for the original service period. These payments are final, irreversible, non-refundable, and ineligible for account credit. If You are unsure how to disable automatic renewal, please email support@porkbun.com or visit our knowledge base for instructions. As of December 2020, the following link leads to the specific article in our knowledge base: https://kb.porkbun.com/article/70-how-to-turn-off-auto-renew.

To cancel automatic renewal on a service such as email or web hosting, you must cancel the service in its entirety. If you are unsure how to cancel a Porkbun service, please email support@porkbun.com.

If, for any reason whatsoever, Porkbun is unable to successfully process any automatic renewal transaction, and You fail to remedy the problem, then Your services will expire. You agree that You are solely responsible for the payment information You provide to Porkbun and must promptly notify Porkbun of any changes or updates to Your payment information (e.g., change of expiration date or account number). You acknowledge that Porkbun is not required to, but that We may, contact You to update Your payment information in the event that an attempted transaction is not processed successfully. You understand and agree that Porkbun accepts no responsibility and shall have no liability to You or any third party in connection with the renewal of Services, including, but not limited to, any failure or errors in renewing such Services, or losses or damages related to any cancellation, discontinuation, expiration, or termination of Services as a result of such failures or errors in renewing such Services. You understand and agree that You bear the sole responsibility of renewing Your Services with Porkbun by logging on to Your Porkbun Account and completing the renewal process, or by taking whatever actions are required or requested by Porkbun in order to complete the renewal process. In all cases, domain name renewal transactions are final, irreversible, non-refundable, and ineligible for account credit.

FEES AND PAYMENT

You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth on the Pricing Page, as may be amended from time to time, or otherwise communicated to You. Please check the Pricing Page often for any changes to our Services fees. 

All Fees are non-refundable, in whole or in part, even if Your domain name registration is suspended, cancelled or transferred prior to the end of Your then current registration term.

At our option, We may require that You pay Fees through a particular payment means (such as by credit card or by cryptocurrency transfer) or that You change from one payment provider to another.

PAYMENT ISSUES

If You have an issue with credit card or other payment charges, You should contact Us regarding the issue before You contact Your credit card or other payment process company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by Us) in connection with Your payment of Fees for any Services, We may suspend access to any and all Accounts You have with Us, and all interests in and use of any Services, including without limitation domain name registration services, website hosting, and/or email services, and all data hosted on Our systems may be assumed by Us, as the case may be, or may be terminated. We may reinstate Your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid Fees and our then-current reinstatement Fee set forth on the Pricing Page or otherwise communicated to You.

USE OF INFORMATION

In addition to the legal bases provided in the Porkbun Privacy Policy, Porkbun has a legitimate interest in processing your data provided by You in connection with Your use of the Services, which includes the registration data, written communications relating to registration applications, confirmations, modifications, terminations, or any other correspondence with You as registrant, and our records indicating your acceptance of this Agreement for the following purposes: (a) to enable a reliable mechanism to identify and contact the Registered Name Holder, (b) to provide the applicable Registry Operator with authoritative data to ensure data integrity and the stability and resiliency of the Domain Name System; (c) to mitigate Domain Name System abuse; (d) to verify registrant eligibility when applicable; and (e) to respond to law enforcement agencies or other legal inquiries. You consent to such data processing for the purposes, and with the limitations, described in this Agreement and Our Privacy Policy, and hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.. If you wish to learn more about how we process your data pursuant to our legitimate interest or wish to object to our use of your data for these purposes, please visit the Porkbun Privacy Policy for more information and for the appropriate contact information. 

Both Porkbun and the registry operator may be required to process and/or archive information You provide pursuant to this Agreement with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party’s consent to such disclosure. Porkbun will not process data in a way that is incompatible with this Agreement. We will take reasonable precautions to protect data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

You agree that for each domain name registered by You the following information could be made publicly available in the WHOIS directory as determined by ICANN or registry policies:

You agree that, to the extent permitted by ICANN, We may make use of the information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You have obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

You agree that Porkbun has the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to ICANN or such other third party as we may decide, in our sole discretion.

To access, view, update, delete or download data associated with Your domain name registration, You may request assistance by contacting Our support team. If You make a request to delete Your personal data and that data is necessary for the products or services You have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased.

DISPUTE RESOLUTION

Third Party Disputes: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) 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 along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System ("URS"), which is available at http://newgtlds.icann.org/en/applicants/urs, along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN's successor) at any time. If the registration and/or use of Your domain name is challenged by a third party, You will be subject to the provisions specified in the UDRP and URS in effect at the time Your domain name registration and/or use is disputed by the third party. In the event a domain name dispute arises with any third party, You will indemnify and hold Us harmless pursuant to the terms and conditions of the UDRP and URS. If You or Your domain name is the subject of litigation, We may suspend your ability to use, update and/or transfer your domain name registrations, and/or we may deposit control of Your domain name record into the registry of the judicial body by providing a party with a registrar certificate.

For the adjudication of any disputes brought by a third party against You concerning or arising from Your use of a domain name registered with Porkbun or Your use of our Services, You (but not Porkbun) agree to submit to subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the District of Oregon, and that such dispute shall be resolved pursuant to the laws of Oregon and/or the United States, as applicable. You agree that in the event a dispute arises with any third party, You will indemnify, defend, and hold Porkbun harmless pursuant to the terms and conditions set forth in this Agreement. You agree that, if Porkbun is notified that a complaint has been filed with a judicial or administrative body regarding Your use of our Services, then You will not make any changes to Your account or services without our prior approval, and that Porkbun may take whatever action it deems necessary, in its sole discretion, regarding modification, assignment and/or control of the Services and/or Account, including without limitation suspension of Your ability to use, update and/or transfer Your domain name registrations. You understand and agree that, if Porkbun is notified of a complaint or dispute concerning or arising from Your use of a domain name registered with Porkbun or Your use of Our Services, then Porkbun may submit a Registrar Certificate or relinquish custodianship and/or control over a domain name, Service, or account to a judicial or administrative body, as it deems necessary, in its sole discretion. You understand and agree that Porkbun will comply, if so obligated, with all court orders, domestic or international, directed against You and/or Your domain name registration.

Arbitration of Other Disputes Between You and Us. This Agreement will be governed by and construed under the laws of the State of Oregon without regard to its conflicts of laws provisions. The United Nations Convention on Contracts for the International Sale of Goods will not apply. Any controversy or claim arising out of or relating to this contract or the breach thereof, except in the circumstance of non-payment by You, shall be settled in the following manner. Either party may initiate binding arbitration administered by the American Arbitration Association in accordance with its Commercial Arbitration Rules. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Claims shall be heard by a three member arbitration panel. The place of mediation and arbitration shall be Portland, Oregon. The award shall be made within six months of the filing of the notice of intention to arbitrate (demand), and the arbitrator shall agree to comply with this schedule before accepting appointment. However, this time limit may be extended by the arbitrator for good cause shown, or by mutual agreement of the parties. The arbitrator shall award to the prevailing party, if any, as determined by the arbitrator, all of their costs and fees. "Costs and fees" mean all reasonable pre-award expenses of the arbitration, including the arbitrator’s fees, administrative fees, travel expenses, out-of-pocket expenses such as copying and telephone, court costs, witness fees, and attorneys' fees. The award of the arbitrator shall be accompanied by a reasoned opinion.

TERMINATION OR SUSPENSION OF SERVICES

You agree that, should You cancel or terminate this Agreement with Porkbun, You will not receive any refund or credit of any Fees You may have paid to Porkbun. Should You elect to cancel or terminate this Agreement with Porkbun, You agree to provide at least thirty (30) days’ written notice to Porkbun in the manner prescribed in this Agreement.

You agree that Porkbun may terminate or suspend this Agreement or any part of its Services at any time, and without notice to You, in the event of a breach of this Agreement or if termination or suspension is or becomes required by any policy of ICANN, and applicable law, or by any governmental authority. You agree that Your failure to completely comply with the provisions of this Agreement or any rule or policy of Porkbun may constitute a material breach of this Agreement. Should Porkbun, as a result of any breach of this Agreement, cancel, discontinue, suspend or terminate Your Account, this Agreement, or any Services it provides to You, then no Fees will be refunded or credited to You. Porkbun’s failure to notify You or act upon any possible breach by You, shall not excuse You from the breach and shall not constitute a waiver of Porkbun’s right to notify You or act upon such breach at a later time.

EXPIRATION OF A DOMAIN NAME

Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, We may direct the domain name to name-servers and IP address(es) designated by Us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and We may either leave Your WHOIS information intact or We may change the contact information in the WHOIS output for the expired domain name so that You are no longer the listed registrant of the expired domain name.

Reactivation Period Process. For a period of between thirty four (34) to forty three (43) days after expiration of the term of domain name registration services, We may provide a procedure by which expired domain name registration services may be renewed.

We may, but are not obligated to, offer this process, called the "reactivation period." You assume all risks and all consequences if You wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and We shall not be liable therefore. The reactivation period renewal process, if any, may involve additional Fees which We may determine. We may make expired domain name services(s) available to third parties, We may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or expired domain name registration services may be re-registered to any party at any time.

After the Reactivation Period, if Any, We May:

Discontinue the domain name registration services at any time thereafter without notice. In which case, certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. We may participate in this process, typically called the "Redemption Grace Period" ("RGP"), for any gTLD registry administrator that provides it. We may, in our sole discretion, choose not to participate in the RGP process with respect to any or all of Your domain name registration services and We shall not be liable therefore.

If available, RGP typically ends between thirty (30) and forty (40) days after the end of the reactivation period of the domain name services. The current RGP Fee is set forth on the Pricing Page and does not include any registration Fees that will also be due. We are not obliged to contact You to alert You that the domain name registration services are being discontinued;

OR

Pay the registry's registration fee or otherwise provide for the registration services to be continued.

In which case, We may then set the name-servers and the DNS settings for the domain name services in any manner We choose, We may set the DNS to point to an IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and/or We may change the contact information in the WHOIS output for the expired domain name so that You are no longer the listed registrant of the expired domain name. We do not have to pay You any of the proceeds We may earn as a result. We are not obliged to contact You to alert You that the domain name registration services are being continued. The domain name will be designated as being in the extended redemption grace period ("ERGP"), and You will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that You pay the ERGP Fee (which is the same as the RGP fee) plus applicable registration Fees. After the end of the 120-day period, if You do not exercise Your rights under this provision, then You have abandoned the domain name registration(s), and relinquish all interests and use of the domain names;

OR

If We auctioned the domain name registration(s) to a third party, then We may transfer the domain name registrations to such third party. In which case, the third party who won the auction for the domain names will control the domain name registration services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period may apply to You. We are not obliged to contact You to alert You that the domain name registration services will be or were auctioned. We do not have to pay You any of the proceeds We may earn as a result of such an auction.

DOMAIN RENEWAL NOTIFICATION POLICY

Porkbun will send renewal notices via the registered name holder’s primary email address, in accordance with ICANN’s Expired Registration Recovery Policy (ERRP), before the expiration of the registrant’s domain. One notice will be sent around 1 month before the date of expiration and another sent 1 week before expiration. Porkbun reserves the right to send more than the required number of notices.

If the registrant allows the domain to expire, Porkbun will send an additional notice to the registered name holder’s primary email address 5 days after the domain’s expiration.

INTERRUPTION OF DOMAIN SERVICES

You agree that Porkbun may suspend, cancel, or transfer Your registration of a domain name in order (i) to correct mistakes made by Us, another registrar, or the registry in registering Your chosen domain name, or (ii) to resolve a dispute under Our dispute resolution policy.

In the event that Porkbun refuses the registration of Your chosen domain name or deletes a pending registration of Your domain name within the first five (5) days of registration of such domain name, then You may receive, at Porkbun’s sole discretion, an account credit or refund for any applicable Fee(s) You have paid to Porkbun in connection with the registration being refused or canceled, less the applicable deletion Fee. Account credit or refunds are not available in all circumstances, including but not limited to, where a domain is restored or renewed.

You further 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, removal of all or a portion of Your domain services and/or deletion, suspension, cancellation, termination, or other interruption of domain services or Your Account with Porkbun, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by You or Your end users, or if such Service or Account is used in association with morally objectionable activities, Illegal Uses, or for any reason whatsoever. In such cases, any and all Fees paid to Porkbun will be non-refundable and ineligible for account credit.

CHANGE OF REGISTRAR

If You will be transferring domains to Porkbun that are currently registered with another registrar, then You understand that there may be certain confirmations and procedures required by the transferring registrar in order to complete the transfer process, such as responding to e-mails acknowledging the transfer request. You agree to promptly cooperate with such procedures and You acknowledge that any delays in Your compliance with the applicable procedures may delay the effective date of such transfer to Porkbun. You agree that You may not transfer Your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of Your initial domain name registration with Porkbun. You understand that Porkbun is only responsible for the submission of the registrar transfer request to the Registry and the adding of the domain name to Porkbun's registrar database upon a successful transfer. Porkbun is not responsible for any action required by the previous registrar or by their customer to either facilitate the transfer or expedite it. Transfers may take from one day to several days depending on the processes of the current registrar. Due to the time constraints involved, Porkbun does not recommend that You request a registrar transfer within thirty days of the expiration date of the affected domain name. You understand that transferring of a domain not owned by You results in Porkbun performing customer service functions and often paying the previous registrar to transfer the domain back on behalf of the rightful owner. You agree to pay a transfer reversal Fee of $120.00 for any registrar transfer affecting a domain name for which You are not the valid owner.

CHANGE OF REGISTRANT

You agree that if You initiate a transfer of registrant request through Porkbun, then Porkbun is authorized to process such request without requiring You to provide any notarized statements or other proof of ownership of the affected domain name, or otherwise confirming such transaction with the registrant of record. In submitting each such request, You represent and warrant that: (a) You are the rightful owner of the domain name affected by the request; (b) the change of registrant of the affected domain name will not infringe upon or otherwise violate the rights of any third party; (c) the request is not submitted for an unlawful purpose; (d) You will not knowingly use the affected domain name in violation of any applicable laws or regulations; and (e) before any such request is submitted through Porkbun, You have received verification from both parties to the transfer that such transfer has been duly authorized and approved. Porkbun assumes no liability with respect to any such transfers. Porkbun has the right to reverse a registrant transfer request or suspend, transfer or cancel a domain name registration affected by such request for any reason, including, without limitation, if Porkbun has reason to believe that a registrant transfer was consummated in error or in violation of the rights of a third party. You agree to pay a transfer reversal Fee of $120.00 for any domain registrant transfer affecting a domain name for which You are not the valid owner.

You agree that Porkbun has the authority to act as your Designated Agent as defined in ICANN’s Transfer Policy. As your Designated Agent, Porkbun will maintain the right to approve requests to modify registrant information and changes in domain ownership, including the use of Porkbun’s WHOIS privacy service provider.

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.

CHANGES TO THIS AGREEMENT

This Agreement may change over time, either through amendments by Us, 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 a change in ICANN policy, applicable law or governmental authority), We will notify You of such changes by, for example, sending email to You at Your email address of record in your Account and/or WHOIS information. 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 Your Services, including domain name registration services, with Us. Your continued use of the Services following notification of a change in this Agreement indicates Your consent to the changes. Unless otherwise specified by Us, any such change binds You: (1) thirty (30) days after We notify You of the change, or (2) immediately if such change is a result of a new or amended ICANN policy, applicable law or governmental authority.

LIMITATION OF LIABILITY; INDEMNIFICATION

THE SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, PORKBUN MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, PORKBUN MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION(S), OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME(S) REGISTERED TO YOU. YOU AGREE THAT PORKBUN, ICANN AND/OR ANY REGISTRY OPERATOR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (i) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (ii) USE OF YOUR DOMAIN NAME REGISTRATION, (iii) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF, OR ANY INTERRUPTION OF BUSINESS, (iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE, YOUR ACCOUNT AND/OR THE WEB SITE(S) OR OTHER SERVICES ASSOCIATED WITH YOUR DOMAIN NAME REGISRATIONS, (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (vi) EVENTS BEYOND PORKBUN'S OR ANY REGISTRY OPERATOR'S REASONABLE CONTROL, (vii) THE PROCESSING OF YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, (viii) APPLICATION OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES, (ix) THE MISUSE OF YOUR USERNAME AND PASSWORD, OR (x) LOSSES RESULTING FROM ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT.

NEITHER PORKBUN NOR ANY REGISTRY OPERATOR WILL 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 PORKBUN AND/OR ANY REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL PORKBUN'S AND/OR ANY REGISTRY OPERATOR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT PERMITTED BY LAW.

You agree to defend, indemnify and hold harmless Porkbun, ICANN and/or any Registry Operator (including any parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors of Porkbun, ICANN and/or any Registry Operator) from any third party claim, action or demand, resulting in loss, damages or costs (including reasonable attorney's fees and expenses) due to, arising out of or related to: (i) Your use of the Services, (ii) Your application for and registration of, or failure to register or renew, a particular domain name; (iii) Your use of any domain name registered in Your name; (iv) Your breach of this Agreement; (v) any disputes involving the intellectual property rights of others; (vi) processing any registrant transfers in accordance with this Agreement; and (vii) Your use of any domain name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the UDRP or any similar policy.

You agree and warrant that You hold all requisite power and legal authority to enter into and execute this Agreement and to perform Your obligations outlined by this Agreement. You warrant that You are either of legal age to enter into this Agreement, or You are at least thirteen (13) years of age and have Your parent or guardian's permission to apply for our services.

OWNERSHIP OF INFORMATION AND DATA

You agree and acknowledge that We own all database, compilation, collective and similar rights, title and interests worldwide in Our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information We generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in Your specific personal registration information outside of our rights in our domain name database.

FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Porkbun, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Porkbun may immediately terminate this Agreement.

ADDITIONAL REGISTRY REQUIREMENTS

Some registries have additional contractual requirements that You agree to by registering domain names from those registries. You are responsible for reviewing any terms and conditions applicable to or provided by such registries as presented on Porkbun.com.






Product Terms of Service

This agreement is effective February 1, 2021.

DOMAIN NAME PRIVACY SERVICE

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”).

GENERAL

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.

COMMUNICATIONS

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.

WAIVER AND LIMITED LIABILITY

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.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTIES

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.

ADDITIONAL CIRCUMSTANCES FOR INTERRUPTION OF SERVICES

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.

TRANSFERS

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.

OTHER TERMS AND CONDITIONS

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.

ABUSE

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.

GOVERNING LAW

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.

CHANGES TO THIS AGREEMENT

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.

GENERAL

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.

WEBSITE HOSTING AGREEMENT

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.

SERVICES

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.

PAYMENT

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.

TERM OF SERVICE

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.

SUSPENSION AND/OR TERMINATION

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.

ADDITIONAL CIRCUMSTANCES FOR INTERRUPTION OF SERVICES

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.

COMMUNICATIONS

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.

DATA

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.

USE OF PERSONAL INFORMATION

You agree that any personally identifying information provided by You shall be used by Us according to our Privacy Policy.

YOUR REPRESENTATIONS

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.

EXCLUSIVE REMEDIES FOR UNPLANNED SERVICE INTERRUPTIONS

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.

LIMITATION OF LIABILITY

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.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTIES

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.

GOVERNING LAW

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.

CHANGES TO THIS AGREEMENT

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.

GENERAL

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.

Third-level Domain and Website Service

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.

LIMITATION OF LIABILITY

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.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTIES

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.

GOVERNING LAW

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.

GENERAL

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.

EMAIL SERVICE AGREEMENT

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”).

PRIVACY

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.

ACCEPTABLE USE POLICY

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:

ABUSE

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.

FEES

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.

LIMITATION OF LIABILITY

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.

INDEMNIFICATION

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.

DISCLAIMER OF WARRANTIES

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.

TERMINATION

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.

GOVERNING LAW

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.

CHANGES TO THIS AGREEMENT

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.

GENERAL

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.






The Porkbun Privacy Policy

This agreement is effective February 1, 2021.

Summary

Porkbun is committed to keeping your private data private. Thus, we only collect your personal data as we need it to provide our products and services, and for the fulfillment of our contracts and record-keeping requirements. The Porkbun Privacy Policy details the types of information we collect from you, how we collect the data, how we use it, and how you can control your personal data

What do we mean by personal data? Well, some examples of data we collect include your name, your address information, and credit card, password… really any data that could be used to identify you.        

There’s a lot of information provided in this document, so we understand if it’s a lot to take in. If you have questions, please contact our privacy department by emailing us at privacy@porkbun.com. We actively monitor this inbox.

When we collect your private data

Data you provide

We typically collect private data collected from you when you voluntarily provide it to us, for instance, when you:

Other data associated with your account

We also collect and store personal information in less-obvious ways in order to provide our products and services. These include:

Data offered by your web browser

We also utilize information freely offered by your web browser such as:

Cookies

Like many websites, we use "cookies." Cookies are alphanumeric identifiers that Porkbun and its partners transfer to your computer's hard drive through your web browser to enable our respective systems to recognize your browser. We and our partners use persistent, identifying cookies to remember your information and to link your activities to you as well as temporary cookies. While you can take steps to turn off, block or disable cookies, if you do, Porkbun may not function and appear as we have designed it. Nonetheless, if you want to take these steps, you can do so by following the instructions associated with your browser. Our cookies and the cookies collected and stored by our trusted partners are used for purposes that include:

Your IP address

The IP address of your computer is recorded and used for several purposes including:

Supplemental data

Supplemental data may be received about you from data taken from public sources and other sources such as companies we have paid, and other trusted partners, using data we have already collected about you. We use this data to detect fraud, detect account intrusion, and to better deliver products and services. For example: we determine your location data from ipinfo.io based on your IP address for security purposes.

What we do with your collected data

Porkbun seeks to reduce the amount of data we collect, and limit its use to situations where we have been granted permission to collect the data.

We pledge to use this data solely in order to provide, improve, and optimize our products and services, to fulfill contracts, record-keeping, or regulatory obligations, or as required by a law enforcement agency, lawful order, or as required or permitted for other lawful purposes. Here’s how we use the data:

Providing and improving products and services

Sharing with trusted third parties

We do not sell, trade, or otherwise transfer to outside parties your personally identifiable information unless we provide you with advance notice, except as specifically described in this Privacy Policy.

We may provide your personally identifiable information to third-party vendors, including Website hosting partners, payment processing partners, advertising agency partners, and other parties who assist us in operating our Website, conducting our business, or servicing you, so long as those parties agree to keep this information confidential.

We utilize trusted third parties and contractors to provide our products and services and we may share your personal data with them, for instance:

If we collect information from you in connection with a co-branded offer with one of our trusted partners, we’ll make sure we make it clear which partner’s privacy policy applies.

You can always review, update or change personal information from within your account. Porkbun will also, when you request, provide you with information about whether we hold, or process on behalf of a third party, any of your personal information. We will respond to your access request to review the information we have on file for you within a reasonable time. If you believe your personal information has been submitted to us without your permission, please contact privacy@porkbun.com

If you connect to us from outside the country in which our servers, a partner’s servers, or a member of our staff are currently located, your data will pass across international borders. If you are located outside of the United States, you should know that the information you provide to us is being transmitted to us and processed in the United States and will be protected subject to this Privacy Policy and United States laws, which may not be as protective as the laws in your country.

Sharing via WHOIS, with registries, and data escrow providers

WHOIS is a distributed database of all domains. The WHOIS system allows varying levels of public access. WHOIS can be used to list private contact information related to a domain. Porkbun won't publish any of your personal information in WHOIS unless you give us explicit permission to do so, or we are required to do so by the policies of a given registry, for instance: .us, .fans, .nyc, and .am. In instances where your data is required to be publicly shared by a registry, we will make it clear at the point of purchase.

We understand that WHOIS is often the only method by which someone can locate and contact a registrant, so Porkbun provides a anonymity-preserving web-based contact form that allows you to be contacted by third parties for technical, legal, or other reasons related to your domain registration. The URL of this form will be presented to any individual querying your domain on our WHOIS servers if you are using our WHOIS Privacy service, or your data is redacted. Porkbun will take reasonable measures to prevent abuse (for instance, spam) via this web form. However, even though your identity is protected, you may still receive undesired messages from third parties submitted via this method. If you feel as though the web form is being abused, please let us know at privacy@porkbun.com.

Even if your data is redacted in WHOIS, Porkbun will still share it with the domain’s respective registry, such as .tech, or .app. Our regulator, ICANN has insisted that registries in turn redact your information in WHOIS, however Porkbun cannot guarantee their compliance.

For maximum protection of your data, Porkbun will continue to offer its free WHOIS Privacy service after May 25, 2018, except on TLDs that do not support it (for example: .us, .fans, .nyc, and .am.) Users subscribed to this free service still won’t have their personal data revealed to the public, but additionally the data won’t be shared with the domain’s respective registry unless the registry requires us to submit it. However, even in the case of registries that require us to share your personal data when WHOIS privacy is enabled, we have received assurances that said data will not be published in WHOIS. You can enable or disable WHOIS Privacy from Domain Management. Again, if you do not utilize our WHOIS Privacy service, the registry may potentially list your contact information in their WHOIS database.

Your personal information associated with the domain on which you have declined redaction will then be publicly available in Porkbun’s WHOIS database and potentially the respective registry’s WHOIS database as well.

Your personal information associated with your domains may be shared with data escrow providers if Porkbun is required to share such data by contract, regardless of if you have chosen to redact the information from WHOIS or utilize our WHOIS Privacy service. We are required to share your data with data escrow providers as an extra security/stability measure to protect your domain registration. These data providers may in turn share that data with our regulator, ICANN, if contractually required.

Law enforcement and compliance with our regulator, ICANN

We will reveal your personal information to law enforcement, governmental authorities and private parties as required by the law. We may additionally disclose your personal data to comply with a legal process or claims process, to protect an individual’s safety, or to comply with requests from 3rd parties with legitimate interests.

If you believe that you or a 3rd party you legally represent has a legitimate interest and right to access personal data currently being redacted by Porkbun AND that this right overrides the interests and fundamental rights of the data subject, please contact privacy@porkbun.com. Requests for access to non-public WHOIS information will be answered within 30 days.

Website analytics

Your activity on our site may be tracked by one or more analytics services such as Google Analytics. These sites may store cookies on your computer and use cookies to identify you. This data may be transmitted across international borders if those servers reside in a different country. The data we collect via these services may include information such as which pages you visited, how long you stayed, etc. In some instances, this data may contain information that could be used by Porkbun to personally identify you.

Targeted advertisements

Porkbun may advertise or work with trusted third parties to advertise Porkbun products on other websites in a targeted fashion. These targeted ads may be served to you based on tracked interactions on the Porkbun or partner websites that might include cookies or javascript code served on the Porkbun website, often by a trusted third party.

Based on your account activity, we may market to you. We do utilize automated decision-making processes in order to decide how to market to you.

Where your data is stored

Personal data collected by Porkbun is stored in a variety of locations: on servers operated by Porkbun, on servers operated by our trusted partners. Additionally, our regulator, ICANN requires that some of your data be stored on secure servers of data escrow providers such as Iron Mountain.

We will also share domain contact information with top level domain registries such as .com, .nyc, or .horse as contractually required and to complete domain registrations. Again, your data may be transferred across international borders if the server resides in a different country from you.

How we secure your data

Porkbun utilizes industry-standard practices for safeguarding your private data, including encrypting your data. Our website is updated on a regular basis for security holes and known vulnerabilities in order to make your visit to our website as safe as possible. All of our staff who have access to personal information will maintain strict confidence of such information at all times. We utilize physical, electronic, and managerial procedures to help safeguard, prevent unauthorized access to, maintain data security of, and correctly use your information, although we do not guarantee its security.

We ensure our partners follow best-practices for safeguarding your data as well. For instance, click here to see our credit card processor Stripe’s privacy procedures: https://stripe.com/docs/security/stripe

However, due to the nature of the Internet, we cannot guarantee that your personal information will always be secure during transmission or from unauthorized access during storage.

DESPITE OUR REASONABLE EFFORTS TO PROTECT YOUR PERSONAL INFORMATION, WE CANNOT ENSURE OR WARRANT THE SECURITY OF ANY INFORMATION TRANSMITTED TO US AND ALL PERSONAL INFORMATION YOU DISCLOSE TO US IS AT YOUR OWN RISK.

Please contact us immediately should you become aware or have reason to believe that there has been any unauthorized use of your personal information in connection with the Website.

How long we retain your data

We generally only retain your  personal data for as long as required to provide the products and services we offer. However, there are a few instances where we’ll still hold on to your data after it’s no longer needed to require our products and services. For instance: as necessary to complete a contract with a trusted partner, due to legal or contractual requirements, including regulatory contracts, and for financial accounting purposes.

How to see and update your personal data

To view or edit your provided personal data, log in to Porkbun and click “USERNAME” or your username in the top right corner, then “Account Settings.” To modify your domain contacts, follow these instructions: https://kb.porkbun.com/article/57-how-to-change-contact-information.       

How to request we delete your personal data

Porkbun will only retain the data we need in order to provide our products and services and as needed to fulfill our contracts. If you wish to have data removed that we rely upon to provide our products and services, you may request such data be deleted by emailing your request to privacy@porkbun.com. We will delete everything other than what’s required for contractual or required record-keeping purposes.

In most cases deleting your personal data will also require the deletion of your account and deletion or transfer out of any domains or products and services to another provider.

We will respond to any requests to remove personal data within 30 days.

Do Not Track

“Do Not Track” is a signal your browser can send requesting that you not be “tracked.” Due to a lack of industry consensus as to what this means, Porkbun will not alter how it behaves when it receives this signal.

Links

Porkbun’s website or communications may provide links to other sites. We are not responsible for the privacy practices of every link. We encourage you to be aware when you leave our site and to read the privacy statements of every web site that collects your personally identifiable information.

Web Hosting

Porkbun offers web hosting services, including hosted site builder and shared hosting. Any data that you upload or otherwise input into our web hosting service is your own responsibility and may become viewable to the public.

Amendment of Privacy Policy

We reserve the right to revise this Privacy Policy at any time. Such revisions may arise in response to changes in the law, policy, or other factors. Any amendment will be effective immediately upon posting the amended Privacy Policy on the Website. We encourage you to visit this page periodically to review our most current policy. By continuing to access and use the Website, you agree to be bound by the amended Privacy Policy.

Contact

If you have any questions about our Privacy Policy, our consumer personal data practices, our products and services, or to report a privacy violation, email us at privacy@porkbun.com, or

21370 SW Langer Farms Parkway, Suite 142-429

Sherwood, OR 97140, USA

We will respond to all requests and inquiries within 30 days.

Copyright © Porkbun LLC. All rights reserved.
Porkbun is a Top Level Design Company
Version: DiamondArmor_0.57

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.
1