This Terms & Conditions ("Agreement") is by and between NotiShip.com ("NotiShip"), and you, the person requesting services, your heirs, assigns, agents and contractors ("you") and is effective as of the date of electronic execution ("Effective Date"). This Agreement sets forth the terms and conditions of your use of the Service (as defined below) and NotiShip's website. By using the Service, you acknowledge that you have read, understand and agree to be bound by all the terms and conditions of this Agreement, along with any new, different or additional terms, conditions or policies.
NotiShip currently provides users with domain name management services through the site (the "Service"). You understand and agree that the Service may include advertisements and that these advertisements are necessary for NotiShip to provide the Service. Unless explicitly stated otherwise, any new features that augment or enhance the current Service, including the release of new NotiShip services, shall be subject to the Agreement. You understand and agree that the Service is provided "AS-IS" and that NotiShip assumes no responsibility for the timeliness, deletion, mis-delivery or failure to store any user communications or personalization settings.
You are responsible for obtaining access to the Service and that access may involve third party fees (such as Internet service provider or airtime charges). You are responsible for those fees, including those fees associated with the display or delivery of advertisements. In addition, you must provide and are responsible for all equipment necessary to access the Service.
In consideration of your use of the Service, you agree to: (a) provide true, accurate, current and complete information about yourself as prompted by the Service's registration form (such information being the "Registration Data") and (b) maintain and promptly update the Registration Data to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, not current or incomplete, or NotiShip has reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete, NotiShip has the right to suspend or terminate your account and refuse any and all current or future use of the Service (or any portion thereof).
You agree to refrain from making multiple registration attempts with different email addresses. You agree not to access the Service from a computer that is shared with another individual who has an existing NotiShip account.
NotiShip is concerned about the safety and privacy of all its users, particularly children. For this reason, NotiShip does not allow the creation of accounts by children under the age of 13. If you are the parent or guardian of a child of any age, it is your responsibility to determine whether any of the Service and/or Content (as defined in this Agreement) are appropriate for your child.
You have been provided with access to NotiShip through the use of your Email Address and Password which have been issued to you as of the date of your registration with NotiShip. Your Email Address and Password should be kept strictly confidential to prevent unauthorized use of your account by other parties. You agree to notify NotiShip immediately upon any unauthorized use of your Email Address and Password and you understand that you will be liable for any use of NotiShip's service until such time as you notify NotiShip of such unauthorized use of your Password.
You will not create more than one free account. If your account has been suspended, you will not create another one without permission from NotiShip.
Your account cannot be transferred, sold or assigned to any third party or used by anyone other than the account holder. You may not sell, lease, rent or assign the services provided under your account to any party not named as the account holder.
You understand that all information, data, text or other materials ("Content"), whether publicly posted or privately transmitted, are the sole responsibility of the person from which such Content originated. This means that you, and not NotiShip, are entirely responsible for all Content that you upload, post, email, transmit or otherwise make available via the Service. NotiShip does not control the Content posted via the Service and, as such, does not guarantee the accuracy, integrity or quality of such Content. You understand that by using the Service, you may be exposed to Content that is offensive, indecent or objectionable. Under no circumstances will NotiShip be liable in any way for any Content, including, but not limited to, for any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use of any Content posted, emailed, transmitted or otherwise made available via the Service.
You agree to not use the Service to:
You acknowledge that NotiShip does not pre-screen Content, but that NotiShip and its designees shall have the right (but not the obligation) in their sole discretion to refuse or move any Content that is available via the Service. Without limiting the foregoing, NotiShip and its designees shall have the right to remove any Content that violates the Agreement or is otherwise objectionable. You agree that you must evaluate, and bear all risks associated with, the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by NotiShip or submitted to NotiShip, including without limitation information in NotiShip Control Panel and in all other parts of the Service.
You acknowledge and agree that NotiShip may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to: (a) comply with legal process; (b) enforce the Agreement; (c) respond to claims that any Content violates the rights of third-parties; or (d) protect the rights, property, or personal safety of NotiShip, its users and the public.
You understand that the technical processing and transmission of the Service, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.
You agree to not publish, copy, distribute, transmit, reproduce, license or sell any information obtained on the NotiShip website or obtained from using the Service unless explicit permission is granted.
Recognizing the global nature of the Internet, you agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
NotiShip does not claim ownership of Content you submit or make available for inclusion on the Service. However, with respect to Content you submit or make available for inclusion on publicly accessible areas of the Service, you grant NotiShip the following world-wide, royalty free and non-exclusive license(s), as applicable:
With respect to Content you submit or make available for inclusion on publicly accessible areas of NotiShip, the license to use, distribute, reproduce, modify, adapt, publicly perform and publicly display such Content on the Service solely for the purposes of providing and promoting the Service to which such Content was submitted or made available. This license exists only for as long as you elect to continue to include such Content on the Service and will terminate at the time you remove or NotiShip removes such Content from the Service.
"Publicly accessible" areas of the Service are those areas of NotiShip that are intended by NotiShip to be available to the general public.
You agree to indemnify and hold NotiShip, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement, or your violation of any rights of another.
You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of the Service, use of the Service, or access to the Service without the express written permission of NotiShip.
You acknowledge that NotiShip may establish general practices and limits concerning use of the Service, including without limitation the maximum number of days that domain name monitors or other uploaded Content will be retained by the Service, the maximum number of domain name monitors that may be created by an account on the Service, the maximum size of any domain name being monitored that may be created by an account on the Service, the maximum disk space that will be allotted on NotiShip's servers on your behalf, and the maximum number of times (and the maximum duration for which) you may access the Service in a given period of time.
You agree that NotiShip has no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted by the Service. You acknowledge that NotiShip reserves the right to log off accounts that are inactive for an extended period of time. You further acknowledge that NotiShip reserves the right to change these general practices and limits at any time, in its sole discretion, with or without notice.
NotiShip reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, the Service (or any part thereof) with or without notice. You agree that NotiShip shall not be liable to you or to any third party for any modification, suspension or discontinuance of the Service.
NotiShip will use its best efforts to maintain full time services for your account. You hereby acknowledge that the Service may, at various time intervals, be down due, but not restricted to, third party services failures, utility interruption, equipment failure, natural disaster, acts of God, or human error. You further acknowledge that your ability to use any domain name managed through NotiShip may be limited by third party services such as email or webhosting service providers, and such limitation is beyond the control of NotiShip. In no event shall NotiShip be liable to you for any damages resulting from or related to any failure or delay of NotiShip in providing access to Service. In no event shall NotiShip be liable to you for any indirect, special or consequential damages or lost profits arising out of or related to your use of Service.
You agree that NotiShip, in its sole discretion, may terminate your password, account (or any part thereof) or use of the Service, and remove and discard any Content within the Service, for any reason, including, without limitation, for lack of use or if NotiShip believes that you have violated or acted inconsistently with the letter or spirit of the Agreement. NotiShip may also in its sole discretion and at any time discontinue providing the Service, or any part thereof, with or without notice. You agree that any termination of your access to the Service under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that NotiShip may immediately deactivate or delete your account and all related information and files in your account and/or bar any further access to such files or the Service. Further, you agree that NotiShip shall not be liable to you or any third-party for any termination of your access to the Service.
Your correspondence or business dealings with, or participation in promotions of, advertisers found on or through the Service, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser. You agree that NotiShip shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on the Service.
The Service may contain links to and frames of sites that are not maintained by NotiShip. NotiShip is not responsible for the content of those sites and cannot guarantee that those sites will not change without our knowledge. You further acknowledge and agree that NotiShip shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You acknowledge and agree that the Service and any necessary software used in connection with the Service ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws. You further acknowledge and agree that Content contained in sponsor advertisements or information presented to you through the Service or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by NotiShip or advertisers, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on the Service or the Software, in whole or in part.
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
YOU EXPRESSLY UNDERSTAND AND AGREE THAT NotiShip SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF NotiShip HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES), RESULTING FROM: (i) THE USE OR THE INABILITY TO USE THE SERVICE; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM THE SERVICE; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON THE SERVICE; OR (v) ANY OTHER MATTER RELATING TO THE SERVICE.
SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, SOME OF THE ABOVE LIMITATIONS OF DISCLAIMER OF WARRANTIES SECTION AND LIMITATION OF LIABILITY SECTION MAY NOT APPLY TO YOU.
Notices to you may be made via email. The Service may also provide notices of changes to the Agreement or other matters by displaying notices or links to notices to you generally on the Service.
All material on this site, including, but not limited to images, illustrations and multimedia materials, is protected by copyrights which are owned and controlled by NotiShip or by other parties that have licensed their material to NotiShip. Material from NotiShip or from any other website owned, operated, licensed or controlled by NotiShip may not be copied, reproduced, republished, uploaded, posted, transmitted, or distributed in any way. Modification of the materials or use of the materials for any other purpose is a violation of the copyrights and other proprietary rights held by the respective providers thereof. The use of any such material on any other web site, ftp server or network environment is prohibited.
You specifically agree not to use the Service in any manner that is or may be construed as illegal, libelous, or in violation of any policy of NotiShip or in breach of any of these Agreement. Direct or indirect use of the Service and/or the domain names associated with your account, for the transmission or publication of any information, data or material in violation, whether in association with a web site, email, or otherwise, of any federal or state/provincial regulation or law is prohibited. This includes, but is not limited to, material protected by copyright, trade mark, trade secret, patent, statutory common law, other statute, or proprietary interest of others, or material that contains anything libelous, or any threatening or obscene material.
Updated: August 20, 2021