Domain Names Terms and Conditions

These Domains Service Terms and Conditions ("Domain Terms") are provided to you, the user, together with any company or other business entity you are representing, if any (collectively, "You") under the terms and conditions of the Merchant User Agreement between You and the ProStores Inc. ("ProStores").

The domain name services offered under these Domain Terms is an "Additional Service" as provided under Sections 2.5 ("Additional Features") and 3.2 ("Domain Name Registrations") of the Merchant User Agreement.

You agree to be bound by these Domain Terms, any amendments to these Domain Terms or to such terms and conditions as are incorporated herein by reference. All amended terms shall automatically be effective thirty (30) days after they are initially posted on the ProStores Site.

1. Domain Registration Services

1.1 Domain Name Services.

Domain name services provided by ProStores to You include assisting You in acquiring or moving a domain name You specify, including without limitation, providing access to certain software to facilitate said actions (together, the "Domain Name Service").

1.2 New Domain Name Registrations.

The following terms apply to new (i.e., any new registration on or after 9:00 a.m. Pacific Daylight Time, May 26, 2009) domain name registrations using the Domain Name Service.

(a) You acknowledge and agree that ProStores cannot guarantee the availability of the domain name You selected for Your use. ProStores will make best efforts to send you a confirmation of availability as soon as possible upon receipt of confirmation from eNom (defined below). This confirmation may, in some instances, take several business days.

(b) ProStores utilizes a third party service provider, eNom, Inc. ("eNom") to provide domain name registration services. You hereby authorize ProStores to acquire Your selected domain name(s) through eNom or such other third party service provider as ProStores deems necessary or appropriate. In order to register for and/or transfer a domain name, You must agree to eNom's terms and conditions located at https://www.eNom.com/terms-ca.html. These terms may be amended from time to time. You understand and agree that You are entering into and agreeing to a separate contractual relationship between You and eNom in addition to these Domain Terms. In order to provide an enhanced customer experience and as a convenience to You, ProStores will pay on Your behalf the domain registration/renewal fees as part of the Domain Name Service; provided that (i) these Domain Terms have not been cancelled or otherwise terminated (ii) You have paid any amounts due under these Domain Terms, and (iii) You are not in breach of the Merchant User Agreement or these Domain Terms and that eNom agrees to and accepts Your registration/renewal fees. Notwithstanding the immediately forgoing sentence, You expressly acknowledge and agree that You shall be responsible for all fees, liability and obligations in connection with Your relationship with eNom.

(c) You authorize ProStores and eNom to list itself as billing contact, technical contact and name server in connection with Your domain name and to take any actions ProStores deems necessary or appropriate in connection with such listing. Upon termination of Domain Name Services, ProStores may immediately cease acting in such capacities and reserves the right to transfer Your account to eNom to serve as billing, technical and name server contact in connection with Your domain name. You further authorize ProStores to list You as the registrant contact and administrative contacts in connection with Your domain name. You may also specify another registrant and administrative contact, however, such person(s) must also enter into a separate agreement with eNom for domain registration services. Upon termination of Domain Name Services, ProStores will not be responsible for forwarding any notices (email or otherwise) to You or for taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing ProStores from any registry information in connection with Your domain name.

1.3 Previously Purchased Domain Names.

Domain Names that were purchased prior to 9:00 a.m. Pacific Daylight Time, May 26, 2009 and that you have been using with the Service prior to 9:00 a.m. Pacific Daylight Time, May 26, 2009, will remain subject to Domain People’s Terms and Conditions located at: http://www.domainpeople.com/legal/registration-agreement.pdf Further, the present Domain Name Terms and Conditions will apply; for such Domain People domain names, the mention "eNom" is replaced by "Domain People", but the remainder of the present Domain Name Terms and Conditions remains intact.

If you would like to use other domain names with the Service (i.e., domain names that you did not use with the Service previously and that you did not purchase using the Domain Name Service), the following terms apply to previously registered domain names You would like to use with the Service.

(a) In order to use Domain names previously purchased from another provider with ProStores' hosting services, You must request that the existing registrar change the name serves for the domain name in accordance with the ProStores instructions provided to You by email.

(b) The registrar will continue to be the registrar of record for the previously purchased domain name and You will continue to be responsible to the registrar for all ongoing fees associated with the domain name.

1.4 Private Domain Name Registration

Private Domain Name Registration is available for ProStores customers. Please note that U.S. government regulations prevent the registration of any .us domains with the Private Domain Registration feature.

If You choose to register a domain name using the Private Domain Registration feature of the Service, which will substitute certain information (in the public records) relating to the registration of the Domain Name, such as the name, postal address, email address, telephone number, and fax number of the administrative contact, technical contact, and billing contact, and where applicable, the postal address, telephone number, and fax number of the registrant contact ("Contact Details"), but not the organization name, the following terms also apply:

(a) ProStores has chosen eNom, Inc., an ICANN accredited registrar, to provide the Private Domain Registration features of the Service. With respect to all matters concerning the Private Domain Registration feature of the Service, you agree with all of the terms and conditions of the End User Agreement between you and eNom, which are located at the following link: https://www.enom.com/terms/agreement.asp

(b) You agree to keep all information provided to ProStores and eNom complete, true, and accurate at all times.

(d) You will not use or attempt to use the service to avoid any legal obligations, including without limitation any requirements to register Yourself or any entity with the appropriate governmental organizations, or to avoid, resist, or make more difficult the service of legal process on You, or any legal entity.

(e) You will respond in a timely manner to any communications from ProStores, eNom and any communications from a third party forwarded to You by eNom.

(f) YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT ANY CANCELLATION, FAILURE TO RENEW, TERMINATION, OR DESELECTION OF PRIVATE DOMAIN REGISTRATION FEATURES BY EITHER YOU OR PROSTORES WILL RESULT IN PUBLICATION OF THE REGISTRATION INFORMATION OF THE ASSOCIATED DOMAIN(S) IN THE PUBLIC WHOIS DATABASE AND MADE PUBLICLY AVAILABLE.

(g) NOTWITHSTANDING THE PRIVATE DOMAIN REGISTRATION FEATURE OF THE SERVICE, YOU EXPRESSLY AGREE AND ACKNOWLEDGE THAT PROSTORES AND/OR ENOM MAY DISCLOSE THE CONTACT DETAILS REGARDING THE RELEVANT DOMAIN NAME WITHOUT ANY LIABILITY TO YOU, IF PROSTORES OR [REGISTRAR] CONSIDERS, IN THEIR SOLE DISCRETION, THAT DISCLOSURE IS NECESSARY OR DESIRABLE TO COMPLY WITH THE REQUIREMENTS OR DIRECTIONS OF ANY GOVERNMENT AGENCY, OR REGISTRY, ANY APPLICABLE LAW, REGULATION OR RULE, SUBPOENA, COURT ORDER, OR ENFORCEMENT AGENCY REQUEST; OR IF ANY THIRD PARTY INSTITUTES PROCEEDINGS AGAINST PROSTORES OR ENOM, OR THREATENS TO TAKE PROCEEDINGS AGAINST EITHER PROSTORES OR ENOM, DIRECTLY OR INDIRECTLY, WITH RESPECT TO THE RELEVANT DOMAIN NAME.

1.5 Automatic Renewals.

If You purchased a new domain name registration using ProStores' Domain Name Service, ProStores will automatically renew and bill You for the domain name registration in accordance with Section 2 (Fees) below and the Fees Policy. Each new domain registered through ProStores will be renewed prior to each annual anniversary (with multi-year domains renewed prior to the expiration of the last year and for a period of equal length). Failure to remit Fees in accordance with Section 2 and the Fees Policy, may risk the non-renewal of Your domain name. Your domain name will be renewed with the registrar only after the annual or multi-year domain registration fee is successfully charged to Your credit card or payment transmitter in a timely manner.

1.6 Registrar of Record.

From time to time, ProStores may request that You transfer Your domain name to a Registrar of record. This may be requested for domain names where ProStores is acting as the billing contact and is done in order to facilitate the ProStores' provision of automatic renewal services. In the event that You fail to do so in a timely manner and in any event within thirty (30) days from ProStores’ request, (i) ProStores may elect (via email or other written notice) to cease providing domain name renewal services to You in which case You shall be responsible for payment of domain name fees, (ii) ProStores may, in its sole discretion, provide renewal services to You at an additional cost and expense, and (iii) You expressly acknowledge and agree that You shall indemnify and hold harmless ProStores and its service providers from the loss of any domain name.

2. Fees.

Fees applicable to the Domain Name Services are set out in the Fees Policy available at www.prostores.com/policies/fees-policy.html. All Fees will be automatically charged to Your account in accordance with the Fees Policy. Fees will be charged yearly and in advance (with multi-year domains renewed prior to the expiration of the last year and for a period of equal length). ProStores may alter its fees, but will provide notice via email. ProStores will automatically bill Your credit card or payment transmitter through Your ProStores account for fees until You cancel Your Domain Name Service by calling ProStores customer support. All payments for the Service are non-refundable and may not be credited back.

3. Verification of Information.

You are solely responsible for maintaining all information relating to Your domain names up to date with the registrar of record. Further, in accordance with the ICANN regulation, the terms and conditions of the registrar of records and in order to maintain a safe ecommerce presence, ProStores may from time to time request that You verify any information to be supplied a registrant for a domain name. In the event that You fail to respond to any such request or fail to verify any such information within 15 days of request, ProStores may, in its sole and absolute discretion, immediately terminate Your Domain Name Services. This remedy is in addition to any other remedies available under law or the Agreement.

4. Disclaimer of Warranty, Indemnification and Limitation of Liability.

In addition to the provisions in the Agreement, You agree to the following:

(a) Disclaimer of Warranty. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, PROVIDE THE DOMAIN NAME SERVICES AND ANY ADDITIONAL SOFTWARE, ON AN "AS IS" BASIS AND EXPRESSLY DISCLAIM ANY AND ALL EXPRESS, IMPLIED OR STATUTORY WARRANTIES, INCLUDING THE WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, QUIET ENJOYMENT, TITLE, NON-INFRINGEMENT, AND WARRANTIES ARISING FROM A COURSE OF DEALING, USAGE OR TRADE PRACTICE ARE EXCLUDED. PROSTORES, ITS SUPPLIERS AND SERVICE PROVIDERS, DO NOT WARRANT THAT THE ADDITIONAL SOFTWARE, OR DOMAIN NAME SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED AND MAKE NO REPRESENTATIONS REGARDING UPTIME, USE, DATA SECURITY, ACCURACY AND RELIABILITY OF THEIR SERVICES. YOU ACKNOWLEDGE AND AGREE THAT THIS SECTION 4(A) IS REASONABLE AND AN ESSENTIAL ELEMENT OF THIS AGREEMENT AND THAT IN ITS ABSENCE, THE ECONOMIC TERMS OF THIS AGREEMENT WOULD BE SUBSTANTIALLY DIFFERENT.

(b) Limitation of Liability. IN NO EVENT SHALL PROSTORES, ITS SUPPLIERS, OR SERVICE PROVIDERS, OR THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS OR AGENTS BE LIABLE FOR LOST PROFITS OR ANY SPECIAL, INCIDENTAL OR CONSEQUENTIAL DAMAGES ARISING OUT OF OR IN CONNECTION WITH THE ADDITIONAL SOFTWARE, THE DOMAIN NAME SERVICES OR THESE DOMAIN TERMS (HOWEVER ARISING, INCLUDING NEGLIGENCE). PROSTORES', ITS SUPPLIERS', AND SERVICE PROVIDERS', CUMULATIVE LIABILITY, AND THE LIABILITY OF THEIR OFFICERS, DIRECTORS, EMPLOYEES, CONTRACTORS AND AGENTS TO YOU OR ANY THIRD PARTIES IN ANY CIRCUMSTANCE IS LIMITED TO THE GREATER OF (A) THE AMOUNT OF FEES YOU PAY TO PROSTORES FOR THE DOMAIN NAME SERVICES IN THE ONE (1) YEAR IMMEDIATELY PRECEDING THE MONTH IN WHICH THE ACTION GIVING RISE TO THE LIABILITY FIRST AROSE, AND (B) ONE HUNDRED U.S. DOLLARS (U.S. $100).

(c) Indemnification. You agree to indemnify and hold ProStores, its suppliers, and service providers, and their officers, directors, agents, and employees, harmless from any and all losses, costs, liabilities or expenses (including without limitation reasonable attorneys' and expert witnesses' fees) incurred or arising from: (a) Your use of the Domain Name Service, (b) any breach of these Domain Terms or the documents it incorporates by reference, or (c) any violation by You or users of services You offer through Your domain name, of any laws, regulations or rights of others. ProStores', its suppliers' and service providers' indemnity rights shall not be limited or offset by any contributory negligence by ProStores.

5. Term and Termination

(a) You may terminate the Domain Name Service at any time through the administrative module for Your account. No refunds or credits of initial or renewal fees will be issued in the event that You terminate Your Domain Name Service. Also, please note that terminating Your Domain Name Services does not terminate other services You may be purchasing from ProStores; You may be required to take additional actions to terminate Your hosting and other services with ProStores.

(b) Pursuant to ICANN regulations, Your domain name may not be transferred to another registrar within the first 60 days after Your domain name is registered.

(c) ProStores may, but has no duty to, immediately suspend or terminate Your use of the Domain Name Service and remove any of Your materials (including without limitation Your domain name) from the ProStores servers in the event that ProStores, in its sole discretion, concludes that You have engaged in illegal activities, in activities or sales that may damage the rights of ProStores or others, or have violated or threatened to violate these Domain Terms, the terms of the Agreement or any other agreement You may have with ProStores. Any suspension or termination under this paragraph may take effect immediately. In the event that ProStores terminates Your Domain Name Service in connection with this paragraph, You will not be entitled to a refund or credit of any fees You have paid. Without limitation, You expressly acknowledge and agree that in addition to this Section 5, the terms and conditions in Section 12 (Suspension and Termination) of the Merchant User Agreement also apply to Your use of the Domain Name Services.

Forming part of the Merchant User Agreement, these Terms and Conditions shall be governed in all respects by the laws of the State of California without giving effect to any conflicts of law principles that would require the application of the laws of a different jurisdiction.