These Terms of Service (the "Agreement") are an agreement between MyDomains.tech, LLC ("MyDomains.tech" or "us" or "our") and you ("User" or "you" or "your"). This Agreement sets forth the general terms and conditions of your use of the products and services made available by MyDomains.tech and of the MyDomains.tech website (collectively, the "Services"). By using the Services, you agree to be bound by this Agreement. If you do not agree to abide by the terms of this Agreement, you are not authorized to use or access the Services. PLEASE BE AWARE THAT THERE ARE CLASS ACTION AND ARBITRATION PROVISIONS THAT MAY AFFECT YOUR RIGHTS.
Additional Policies & Agreements
The use of the Services is also subject to the following policies, which are integrated by reference into this Agreement and constitute an integral part of it. By utilizing the Services, you also consent to the conditions outlined in the following policies:
Furthermore, specific Services may be subject to additional terms, which are similarly integrated by reference as applicable. For instance, if you decide to register a domain name with us, the Domain Registration Agreement will also be applicable to you and will be included herein.
Account Eligibility
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Age Requirement: You are eighteen (18) years of age or older. The Services are exclusively intended for individuals who are eighteen (18) years of age or older. Any registration, usage, or access to the Services by individuals under the age of eighteen (18) is unauthorized and constitutes a breach of this Agreement.
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Representing Other Parties: If you utilize the Services on behalf of a legal entity or another party, you confirm that you have the authority to bind such other party to this Agreement and to act on their behalf in connection with the Services.
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Accurate Information: You are responsible for providing accurate, current, truthful, up-to-date, and complete information on the registration forms. This includes maintaining an email address that differs from the domain you are signing up for. In cases where we need to contact you or address any abuse issues, we will use the primary email address on file. It is your responsibility to ensure that your account's contact information, including any domain-related information, remains accurate, correct, and complete at all times. NameHero shall not be liable for any disruptions in the Services, including, but not limited to, lapses in domain registrations due to outdated contact information associated with the domain. If you need to verify or modify your contact information, please contact our sales team via email or update your details through the NameHero Billing and Support System. Providing false contact information in any form may result in the termination of your account. In cases of dedicated server purchases or certain other situations, you may be required to provide government-issued identification and potentially a scan of the credit card used for verification purposes. Failure to furnish the requested information may lead to the denial of your order.
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Account Responsibility: You agree to assume full responsibility for all activities conducted through your account and any actions taken via your account. It is your duty to safeguard the confidentiality of your password and other security-related information associated with your account. For any dedicated IP order beyond those included with a hosting package, there may be an IP justification requirement. IP justification procedures are subject to modification to comply with the policies of the American Registry for Internet Numbers (ARIN). We retain the right to decline any dedicated IP request based on insufficient justification or current IP usage.
Site Transfers
Our Transfers Team is dedicated to assisting you with the migration of your website to our platform. We offer transfers as a courtesy service for up to 10 hosting accounts. If you require additional migrations, they are available at our standard hourly admin rate. To initiate a transfer, we need to obtain a FULL backup from your current hosting provider. Please note that we retain the right to discontinue or modify our transfer policy at any time.
It's important to understand that we cannot guarantee the availability, feasibility, or duration required to complete an account transfer. Different hosting companies have varying configurations, and some hosting platforms may store data in formats that are incompatible or proprietary, making it extremely challenging, if not impossible, to migrate certain or all account data. There may be cases where we are unable to assist you with transferring data from your previous host. If available, our free transfer service is accessible for a period of thirty (30) days from your sign-up date.
Transfers requested beyond this thirty (30) day period may incur a charge. To obtain a price quote, please get in touch with a member of our Transfers department. In no circumstances will MyDomains.tech be held responsible for any lost or missing data or files resulting from a transfer to or from NameHero. It is your sole responsibility to ensure the backup of your data in all situations.
MyDomains.tech Content
With the exception of User Content (as defined below), all content accessible via the Services, including designs, text, graphics, images, videos, information, software, audio, and other files, along with their arrangement and selection, as well as all software employed to deliver the Services (collectively referred to as "MyDomains.tech Content"), are the exclusive property of MyDomains.tech or MyDomains.tech's licensors. MyDomains.tech Content must not be altered, copied, distributed, framed, duplicated, republished, downloaded, scraped, displayed, posted, transmitted, sold, or exploited in any manner, whether in whole or in part, unless expressly permitted by this Agreement. You are strictly prohibited from directly or indirectly engaging in activities such as reverse engineering, decompiling, disassembling, or attempting to extract source code or other proprietary information from any MyDomains.tech Content. Any utilization of MyDomains.tech Content that is not explicitly authorized herein is prohibited and will lead to the automatic termination of your rights to use the Services and any MyDomains.tech Content. All rights related to the usage of MyDomains.tech Content, unless expressly granted in this Agreement, are reserved by MyDomains.tech and MyDomains.tech's licensors.
User Content
You may have the ability to upload, store, publish, display, and distribute information, text, photos, videos, and other content on or through the Services (collectively referred to as "User Content"). User Content encompasses any content posted by you or by users of any of your websites hosted through the Services ("User Websites"). You bear full responsibility for all User Content and any transactions or other activities carried out on or through User Websites. By posting or distributing User Content on or through the Services, you affirm and guarantee to MyDomains.tech that (i) you possess all necessary rights to post or distribute such User Content, and (ii) your posting or distribution of such User Content does not infringe or violate the rights of any third party.
However, please note that you are prohibited from using your "/home/" directory as a repository for backups, including cPanel/WHM/Third Party applications. All websites are automatically backed up nightly in third-party locations. If you wish to conduct your own backups, you may purchase block storage from us at a rate of $29.95 per month for every 1TB. MyDomains.tech reserves the right to remove any files that contravene this policy at our sole discretion. Users who breach this policy may face immediate suspension and/or termination.
For the sole purpose of providing the Services, you hereby grant MyDomains.tech a non-exclusive, royalty-free, worldwide right and license to: (i) utilize, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) create archival or backup copies of User Content and User Websites. However, apart from the rights expressly conferred herein, MyDomains.tech does not acquire any right, title, or interest in or to the User Content, all of which shall remain exclusively with you.
MyDomains.tech does not exercise control over, and assumes no responsibility for, User Content or the content of any data passing through MyDomains.tech's computer systems, network hubs, points of presence, or the Internet. MyDomains.tech does not actively monitor User Content. Nevertheless, you acknowledge and consent that MyDomains.tech may, at its discretion but without any obligation to do so, promptly take corrective action, including but not limited to removing all or part of the User Content or User Websites, and suspending or terminating all Services without any refund, should you violate the terms of this Agreement. You hereby agree that MyDomains.tech shall bear no liability arising from any corrective action taken by MyDomains.tech.
Third Party Products & Services
Third-Party Providers
MyDomains.tech may offer certain third-party products and services. These products and services may be governed by the terms and conditions of the respective third-party provider. Discounts, promotions, and special offers from third-party providers may be subject to additional restrictions and limitations imposed by the third-party provider. It is essential to verify the terms of any purchase and the usage of goods or services directly with the specific third-party provider you are engaging with.
MyDomains.tech does not make any representations or warranties concerning the quality, availability, or timeliness of goods or services provided by third-party providers. You engage in all transactions with these third-party providers at your own risk. We do not guarantee the accuracy or comprehensiveness of any information related to third-party providers. In no circumstance does MyDomains.tech act as an agent, representative, trustee, or fiduciary on behalf of you or the third-party provider in any transaction.
Prohibited Persons
The U.S. Department of the Treasury, specifically through the Office of Foreign Assets Control ("OFAC"), imposes restrictions on U.S. companies, prohibiting them from engaging in certain or all commercial activities with specific sanctioned countries (referred to as "Sanctioned Countries") and particular individuals, organizations, or entities. This includes, but is not limited to, specific individuals designated as "Specially Designated Nationals" ("SDN") by OFAC. If you are situated in a Sanctioned Country or are identified as an SDN, you are not allowed to register, sign up for, subscribe to, or utilize the Services. Furthermore, unless granted explicit permission, MyDomains.tech does not facilitate the registration and prohibits the use of any of our Services in conjunction with any Country-Code Top Level Domain Name ("ccTLD") associated with a Sanctioned Country.
Account Security & MyDomains.tech Systems
It is your responsibility to ensure that scripts/programs installed under your account are secure, and directory permissions are correctly configured, regardless of the installation method. Whenever possible, set permissions on directories to 755 or employ the most restrictive setting. Users bear ultimate responsibility for all actions conducted under their account, including the security of credentials such as usernames and passwords. You are obligated to use a secure password, and if a weak password is detected, your account may be temporarily suspended until you agree to adopt a more secure password. Periodic audits may be conducted to prevent the use of weak passwords. In the event of an audit uncovering a weak password, you will be notified and given the opportunity to change or update your password before any account suspension is implemented.
The Services, along with all associated equipment, networks, and network devices, are furnished exclusively for authorized customer use. MyDomains.tech may, at its discretion, engage in system monitoring, including but not limited to ensuring that usage is authorized, safeguarding against unauthorized access, and verifying security procedures, survivability, and operational security. During monitoring activities, information may be assessed, recorded, copied, and utilized for legitimate purposes. By utilizing the Services, you consent to monitoring for these specified purposes.
Any account identified as connecting to a third-party network or system without explicit authorization from the third party is subject to suspension. Access to networks or systems beyond your immediate control necessitates the express written consent of the third party. MyDomains.tech may, at its discretion, request documentation to substantiate the authorization of your access to a third-party network or system. Any account found to be compromised may be deactivated and/or terminated. In the event that you fail to rectify issues within your account after receiving notification from MyDomains.tech regarding an ongoing problem, we reserve the right to maintain the account in a disabled state. Upon your request, MyDomains.tech may undertake account cleanup for an additional fee.
MyDomains.tech retains the right to relocate your account from one data center to another, without prior notice, in order to adhere to pertinent data center regulations, local laws, technical requirements, or for other valid reasons.
Compatibility
You agree to collaborate fully with MyDomains.tech in connection with MyDomains.tech's provision of the Services. It is entirely your responsibility to furnish any necessary equipment or software required for your utilization of the Services. In instances where the execution of any of our responsibilities under this Agreement relies on your fulfillment of your obligations, MyDomains.tech shall not be held responsible for any delays arising from your failure to punctually fulfill your obligations.
You bear sole responsibility for ensuring that all User Content and User Websites are compatible with the hardware and software utilized by MyDomains.tech to deliver the Services. These hardware and software configurations may be subject to change at the discretion of MyDomains.tech.
Furthermore, it is your sole responsibility to create backups for all User Content, including, but not limited to, any User Websites. MyDomains.tech does not provide assurances regarding the backup of any User Content, and you acknowledge and accept the risk of potential loss of all User Content.
Billing and Payment
Multiple Accounts: Users are prohibited from creating multiple accounts to exploit "new customer" discounts. Violators of this policy will have both accounts suspended until all outstanding invoices are settled. Users found abusing our discount system may face termination without a refund.
Prepayment: You are responsible for keeping your payment information up to date and ensuring that all invoices are paid promptly. You agree to make advance payments for the Services before the corresponding service period. Payments received will be applied to the oldest outstanding invoice in your billing account, subject to applicable laws, rules, and regulations.
Auto-renewal: Unless otherwise specified, you agree that unless you notify MyDomains.tech of your intention to cancel the Services, you will be automatically billed to prevent any interruption in your Services. This automatic billing will use the credit card or other billing information on file with us.
Taxes: The listed fees for the Services do not include any applicable sales, use, revenue, excise, or other taxes imposed by any taxing authority. Any applicable taxes will be added to your invoice as a separate charge to be paid by you. All fees are non-refundable when paid unless otherwise stated.
Late Payment: All invoices must be settled within four (4) days of the due date. Failure to pay an invoice within this timeframe may result in the suspension or termination of Services. Access to your account will only be reinstated upon receipt of payment. If you fail to pay the specified fees, MyDomains.tech may suspend or terminate your account and pursue the collection costs incurred, including, but not limited to, arbitration and legal fees, and reasonable attorney's fees. New orders or package activations will not be processed for customers with an outstanding account balance.
Domain Payments: It is your sole responsibility to inform MyDomains.tech's Billing department via a support ticket created at https://www.mydomains.tech/clientarea.php after purchasing a domain. Domain renewal notices are provided as a courtesy reminder, and MyDomains.tech is not accountable for any failure to renew a domain or to notify a customer about a domain's renewal. Domain renewals are invoiced and processed thirty (30) days before the renewal date.
Fraud: Misusing or fraudulently using credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method is a violation of this Agreement. MyDomains.tech reserves the right, at its sole discretion, to report such misuse or fraudulent activity to governmental and law enforcement authorities, credit reporting services, financial institutions, and/or credit card companies.
Invoice Disputes: You have ninety (90) days to dispute any charge or payment processed by MyDomains.tech. If you have any questions about a charge on your account, contact our billing department directly for assistance.
Money-back Guarantee: MyDomains.tech offers a thirty (30) day money-back guarantee for its hosting services only. Subject to the terms outlined herein, if you are not completely satisfied with our hosting services and you cancel your account within thirty (30) days of signing up for the Services, you will receive a refund of the hosting fees paid, minus any setup fees. This money-back guarantee exclusively applies to fees paid for hosting services and does not cover administrative fees, custom software installation fees, setup fees, or any additional service fees.
Cancellations & Refunds
Payment Method: No refunds will be provided if you use any of the following methods of payment: bank wire transfers, Western Union payments, checks, and money orders. If you use any of these payment methods, any applicable credit will be posted to your hosting account instead of a refund.
Money-back Guarantee: If an account with a thirty (30) day money-back guarantee is purchased and then cancelled within the first thirty (30) days of the beginning of the term (the "Money-Back Guarantee Period"), you will, upon your written request to the MyDomains.tech Support Team (the "Refund Request") within thirty (30) days of such termination or cancellation ("Notice Period"), receive a full refund of all basic hosting fees previously paid by you to MyDomains.tech for the initial term ("Money-Back Guarantee Refund"); provided that such Money-Back Guarantee Refund shall be due to you only upon your compliance with, and subject in all respects to the terms and conditions of, this section. Requests for these refunds must be made in writing to the MyDomains.tech Support Team. Refunds will only be issued for basic hosting services and will not include administrative fees, install fees for custom software or other setup fees, nor will they include any fees for any other additional services. Money Back Guarantee Refunds will not accrue, and shall not be paid under any circumstances, if you do not provide the applicable Refund Request within the Notice Period.
Refund Eligibility: Only first-time accounts are eligible for a refund. For example, if you've had an account with us before, canceled and signed up again, or if you have opened a second account with us, you will not be eligible for a refund. Violations of this Agreement will waive your rights under the refund policy.
Non-refundable Products and Services: There are no refunds on domain names, dedicated servers, administrative fees, license fees, and install fees for custom software. Please note that domain refunds will only be considered if the domain was ordered in conjunction with a hosting package and will be issued at MyDomains.tech's sole discretion.
Cancellation Process: You may terminate or cancel the Services by giving MyDomains.tech written notice via the cancellation form provided. In such event: (i) you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation and (ii) MyDomains.tech may, in our sole discretion, refund all pre-paid fees for basic hosting services for the full months remaining after the effectiveness of such cancellation (i.e. no partial month fees shall be refunded) less any setup fees, applicable taxes and any discount applied for prepayment, provided that you are not in breach of this Agreement.
Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing (typically email) that your account has been canceled. Your cancellation confirmation will contain a ticket/tracking number in the subject line for your reference and for verification purposes. You should immediately receive an automatic email with a tracking number stating that "Your request has been received." MyDomains.tech will confirm your request and process your cancellation shortly thereafter. If you do not hear back from us, or do not receive the automatic confirmation email within a few minutes after submitting your cancellation form, please contact us immediately. We require all cancellations to be done through the online form in order to (a) confirm your identity, (b) confirm in writing that you are prepared for all of your files and emails to be removed, and (c) document the request. This process aims to reduce the likelihood of mistakes, fraudulent/malicious requests, and to ensure that you are aware that your files, emails, and account may be removed immediately and permanently after a cancellation request is processed.
Cancellations for shared accounts will be effective on the account's renewal date.
Domain Names
Domain renewals are invoiced and processed thirty (30) days prior to the renewal date. It is your responsibility to inform MyDomains.tech's Billing department via a support ticket created at https://www.mydomains.tech/clientarea.php to cancel any domain registration at least thirty (30) days before the renewal date. No refunds will be provided once a domain is renewed. All domain registrations and renewals are considered final.
Termination
MyDomains.tech may terminate your access to the Services, either in whole or in part, without prior notice if:
(i) You fail to settle any outstanding fees. (ii) You breach any terms of this Agreement. (iii) Your actions or conduct pose a threat to MyDomains.tech, other users, or may result in liability for MyDomains.tech or others, at the discretion of MyDomains.tech. (iv) As otherwise outlined in this Agreement.
In such circumstances, MyDomains.tech will not refund any prepaid fees, and you will be required to pay all fees and charges accrued prior to the termination's effective date. Moreover, MyDomains.tech may bill you for all fees related to the Services for the remaining duration of the current term.
UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE PERMANENTLY DELETED.
Resource Utilization
Permitted CPU and Disk Usage: The utilization of hosting space provided by MyDomains.tech must adhere to the terms outlined in this Agreement and the Acceptable Use Policy. Shared hosting space should be exclusively used for web files, active email, and content related to User Websites. It is not permissible to use shared hosting space for storage purposes, including storing media, emails, or other data, such as acting as offsite storage for electronic files, email, or FTP hosts. MyDomains.tech explicitly retains the right to assess each shared account for excessive CPU, disk space, and resource usage, which may result from a breach of this Agreement or the Acceptable Use Policy. MyDomains.tech may, at its sole discretion, terminate access to the Services, impose additional fees, or remove/delete User Content for accounts found to be in violation of MyDomains.tech's terms and conditions.
VPS Managed Services: Please be aware that manually installing modules and bypassing WHM/cPanel may void your management agreement with us.
Bandwidth Usage: Shared servers are not subjected to bandwidth limitations.
Uptime Guarantee: If your shared server experiences physical downtime that falls short of the 99.9% uptime guarantee, you may be eligible for credits to your account, subject to our discretion and as permitted by us. This uptime guarantee does not cover planned maintenance. Approval of any credit is at the sole discretion of MyDomains.tech and may be contingent upon the provided justification. Third-party monitoring service reports cannot be used as justification due to various factors, including the monitor's network capacity/transit availability. Server uptime is defined as the reported uptime from the operating system and the Apache Web Server, which may differ from the uptime reported by other individual services. To request a credit, please visit https://www.mydomains.tech/clientarea.php to create a support ticket with our Billing department, including a justification. Uptime guarantees are exclusively applicable to shared and reseller solutions.
Price Adjustments
MyDomains.tech reserves the right to modify prices, monthly payment amounts, or any other fees at its discretion. We will offer you a minimum of thirty (30) days' notice prior to implementing any price adjustments. It is your sole responsibility to regularly review billing information presented by MyDomains.tech through the user billing tool or other communication methods, including notifications sent or posted by MyDomains.tech.
Limitation of Liability
IN NO EVENT WILL MyDomains.tech, ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING ANY LOST PROFITS OR LOST DATA ARISING FROM YOUR USE OF THE SERVICES, OR ANY USER CONTENT, USER WEBSITES, OR OTHER MATERIALS ACCESSED OR DOWNLOADED THROUGH THE SERVICES, EVEN IF MyDomains.tech IS AWARE OF OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, MyDomains.tech'S LIABILITY TO YOU, OR ANY PARTY CLAIMING THROUGH YOU, FOR ANY CAUSE WHATSOEVER, AND REGARDLESS OF THE FORM OF THE ACTION, IS LIMITED TO THE AMOUNT PAID, IF ANY, BY YOU TO MyDomains.tech FOR THE SERVICES IN THE THREE (3) MONTHS PRIOR TO THE INITIAL ACTION GIVING RISE TO LIABILITY. THIS IS AN AGGREGATE LIMIT. THE EXISTENCE OF MORE THAN ONE CLAIM HEREUNDER WILL NOT INCREASE THIS LIMIT.
Indemnification
You agree to indemnify, defend, and hold harmless MyDomains.tech, our affiliates, and their respective officers, directors, employees, and agents (each an "Indemnified Party" and, collectively, the "Indemnified Parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the Indemnified Parties arising out of or related to (i) your use of the Services, (ii) any breach or violation by you of this Agreement, or (iii) any acts or omissions by you. The terms of this section shall remain in effect even after the termination of this Agreement.
Arbitration
By using the Services, you hereby agree to submit to the exclusive jurisdiction of the American Arbitration Association ("AAA") for the resolution of any disputes related to, arising from, or concerning this Agreement. Arbitration proceedings will be presided over by a single arbitrator selected by MyDomains.tech and will take place at the AAA location chosen by MyDomains.tech in Missouri. The payment of all filing, administrative, and arbitrator fees will be in accordance with the AAA's rules, unless otherwise specified in this paragraph. If you can demonstrate that the arbitration costs would be prohibitively high compared to litigation costs, MyDomains.tech will cover a portion of your filing, administrative, and arbitrator fees as determined by the arbitrator to avoid making arbitration financially burdensome. Arbitration conducted through the AAA will be limited to individual claims and will not permit claims to be arbitrated on a class action basis or on behalf of others in a purported representative capacity. The Federal Arbitration Act, not any state arbitration law, governs all arbitration proceedings under this paragraph. The arbitrator's decisions will be final and binding, and the arbitrator's authority is restricted to resolving claims solely between you and MyDomains.tech. Claims may not be combined or consolidated unless all parties agree in writing. Any arbitration award or decision will not have any preclusive effect on issues or claims in any dispute with individuals who are not named parties in the arbitration. If you initiate litigation or any other proceeding against MyDomains.tech in violation of this paragraph, you agree to reimburse MyDomains.tech for reasonable costs and attorney's fees incurred in enforcing this paragraph.
Governing Law & Jurisdicton
Any dispute related to your access or use of our Services or this Agreement shall be subject to confidential arbitration in Nashville, TN. The arbitration process under this Agreement will adhere to the applicable Consumer Rules ("Rules") of the American Arbitration Association at the time. The arbitration will be conducted in English by a single arbitrator chosen according to the Rules. The arbitrator's decision will be final and binding and can be enforced as a judgment in any court with jurisdiction. Each party will be responsible for their own arbitration fees and costs. To the fullest extent allowed by applicable law, no arbitration under this Agreement can be combined with an arbitration involving any other party bound by this Agreement, whether through class action proceedings or otherwise. When permitted by the Rules, both parties may participate in the arbitration via telephone or electronic means. You agree that, regardless of any statute or law to the contrary, any claim or cause of action arising from or related to the use of the Services or this Agreement must be filed within one (1) year from the date when such claim or cause of action first arose, or it will be permanently barred. However, either party may seek equitable relief, including injunctive relief, in a court of appropriate jurisdiction, and disputes concerning intellectual property ownership or infringement may be resolved only by a court of appropriate jurisdiction and not through arbitration. If the law does not allow the resolution of a particular dispute through arbitration, or if this arbitration agreement is deemed unenforceable, you agree that any such actions and disputes shall be exclusively brought in a court of competent jurisdiction located within Nashville, TN.
Opt-Out
You have the option to opt out of this dispute resolution provision by notifying NameHero within 30 days from the date you entered into this Agreement or purchased a subscription, whichever came first. You must do so by sending a written notice to Mydomains.tech at 1409 Wayfield Ln, Mount Juliet, TN 37122, United States of America, attention: Arbitration Opt-Out. Your notice must include your name, address, account details, and a clear statement expressing your desire not to resolve disputes with NameHero through arbitration. If you opt out of arbitration, all disputes will be heard in a court of competent jurisdiction located within Nashville, TN.
Class Action Waiver
You and MyDomains.tech mutually agree that any proceedings to resolve or litigate disputes, whether in a court of law or through arbitration, will only be conducted on an individual basis, and both parties waive the right to a trial by jury. You further agree not to seek the resolution of any dispute through class actions, representative actions, collective actions, or private attorney general actions.
Disclaimer
MyDomains.tech shall not assume responsibility for any potential damages that your business may incur. MyDomains.tech does not provide any explicit or implicit warranties for the Services. MyDomains.tech hereby disclaims any warranty related to merchantability or suitability for a specific purpose. This includes any potential loss of data resulting from delays, delivery failures, incorrect deliveries, and any service interruptions caused by MyDomains.tech or our employees.
Data Loss
Your utilization of the Services is undertaken at your own exclusive risk. MyDomains.tech's backup service operates once nightly and overwrites any prior backups. Only one night's worth of backups is retained at any given time. This service is extended solely as a courtesy to shared and reseller accounts and may be subject to modification or termination at the sole discretion of MyDomains.tech. VPS accounts do not include backups, and accounts exceeding 20GB or 100,000 inodes will not be encompassed within the nightly backup procedure. MyDomains.tech bears no responsibility for the preservation of files and/or data residing within your account. You hereby acknowledge and agree to assume full responsibility for all files and data transfers, as well as for maintaining appropriate backups of files and data stored on MyDomains.tech's servers.
Limited Warranty
The services offered pursuant to this agreement are provided on an "as is" and "as available" basis. Except as expressly detailed in this section, MyDomains.tech, along with our affiliates, employees, agents, suppliers, and licensors, disclaims all warranties, including but not limited to implied warranties of merchantability, fitness for a particular purpose, or non-infringement, in relation to the services provided herein. MyDomains.tech and our affiliates, employees, agents, suppliers, and licensors do not make any representations or warranties regarding: (i) the uninterrupted, error-free, or completely secure nature of the services; (ii) the results that may be achieved through the utilization of the services; or (iii) the accuracy, reliability, or content of any information provided via the services. MyDomains.tech and our affiliates, employees, agents, suppliers, and licensors are not responsible for the content of any data transferred to or from users or stored by users on or through the services, and we explicitly disclaim any liability in this regard. The provisions outlined in this section shall remain in effect following the termination of this agreement.
Agreement Changes
MyDomains.tech may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, we will post a notice on the MyDomains.tech website for at least thirty (30) days after the changes are posted and will indicate at the bottom of this Agreement the date of the last revision. Any revisions to this Agreement will become effective when posted unless otherwise provided. You agree to any modification to this Agreement by continuing to use the Services after the effective date of any such modification.
MyDomains.tech reserves the right to modify, change, or discontinue any aspect of the Services at any time.
Severability
If any provision or portion of any provision of this Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the remaining provisions or portions (unless otherwise specified) thereof shall remain in full force and effect.
Waiver
No failure or delay by you or MyDomains.tech to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy preclude any other or further exercise of any right or remedy. No express waiver of, or assent to, any breach of or default in any term or condition of this Agreement by any party hereto shall constitute a waiver of, or an assent to, any succeeding breach of or default in the same or any other term or condition hereof.
Assignment; Successors
You may not assign or transfer this Agreement or any of your rights or obligations hereunder, without the prior written consent of MyDomains.tech. Any attempted assignment in violation of this Agreement shall be null and void and of no force or effect whatsoever. MyDomains.tech may assign our rights and obligations under this Agreement and may engage subcontractors or agents in performing our duties and exercising our rights hereunder, without the consent of User. This Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns.
Force Majeure
Neither party is liable for any default or delay in the performance of any of its obligations under this Agreement (other than failure to make payments when due) if such default or delay is caused, directly or indirectly, by forces beyond such party's reasonable control, including, without limitation, fire, flood, acts of God, labor disputes, accidents, acts of war or terrorism, interruptions of transportation or communications, supply shortages, or the failure of any third party to perform any commitment relative to the production or delivery of any equipment or material required for such party to perform its obligations hereunder.
California Users
Pursuant to California Civil Code Section 1789.3, any questions about pricing, complaints, or inquiries about MyDomains.tech must be sent to our agent for notice to: contact@mydomains.tech or MyDomains.tech, 1409 Wayfield Ln Mount Juliet, TN 37122, United States of America.
California Users are also entitled to the following specific consumer rights notice: The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1625 North Market Blvd., Sacramento, CA 95834, or by telephone at (916) 445-1254 or (800) 952-5210.
Electronic Notices
The communications between you and MyDomains.tech use electronic means, whether you visit the Platform or send MyDomains.tech e-mails, or whether MyDomains.tech posts notices on the Platform or communicates with you via mobile notifications or e-mail. For contractual purposes, you (1) consent to receive communications from MyDomains.tech in an electronic form; and (2) agree that all terms, conditions, agreements, notices, disclosures, and other communications that MyDomains.tech provides to you electronically satisfy any legal requirement that such communications would satisfy if it were to be in writing. The foregoing does not affect your statutory rights.
Third-Party Beneficiaries
Except as otherwise expressly provided in this Agreement, nothing in this Agreement is intended, nor shall anything herein be construed to confer any rights on any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, the user acknowledges and agrees that any supplier of a third-party product or service that is identified as a third-party beneficiary in the service description is an intended third-party beneficiary of the provisions set forth in this Agreement as they relate specifically to its products or services and shall have the right to enforce directly the terms and conditions of this Agreement with respect to its products or services against the user as if it were a party to this Agreement.
