Policies

These Terms of Use (the “Agreement”) are an agreement between QPON LLC (“GET.QPON” 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 GET.QPON and of the GET.QPON website (collectively, the “Services”).

Please read these terms of use carefully. 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.

To register for or use the Services, you must enter into an electronic registration agreement with GET.QPON.

Additional Policies and Agreements

Use of the Services is also governed by the following policies, which are incorporated by reference. By using the Services, you also agree to the terms of the GET.QPON Privacy Policy (see below) and the following additional documentation:

Uniform Domain Name Dispute Resolution Policy as approved by ICANN (“UDRP”)
Inter-Registry Transfer as approved by ICANN (“IRTP”)
.Launch Policies
QPON Pricing Page

Additional terms may also apply to certain Services, and are incorporated by reference herein as applicable. If you register a domain name with us, these terms act as your electronic Domain Registration Agreement.

Registrant 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/reseller websites.

While some of the terms included do not specifically refer to registrants, those terms are included because of the potential importance 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 policy. Please review these important Registrant Rights and Responsibilities.

Account Eligibility

By registering for or using the Services, you represent and warrant that you are eighteen (18) years of age or older. The Services are intended solely for Users who are eighteen (18) years of age or older. Any registration, use of or access to the Services, by anyone under eighteen (18) is unauthorized and is a violation of this Agreement.

If you use the Services on behalf of another party, you agree that you are authorized to bind such other party to this Agreement and to act on such other party’s behalf with respect to any actions you take in connection with the Services.

It is your responsibility to provide accurate, updated, and complete information on the registration forms, including an email address that is different from the domain you are signing up under. If there is ever an abuse issue or we need to contact you, we will use the primary email address we have on file.

It is your responsibility to ensure that the contact information for your account, including any domain accounts is accurate, correct, and complete at all times.

GET.QPON is not responsible for any lapse in the Services, including without limitation, any lapsed domain registrations due to outdated/inaccurate contact information being associated with the domain. If you need to verify or change your contact information, please contact our team via email at TEAM@GET.QPON.

Providing false contact information of any kind may result in the termination of your account. In dedicated server purchases or certain other cases, you may be required to provide government issued identification and possibly a scan of the credit card used for verification purposes. Failure to provide the information requested may result in your order being denied.

You agree to be fully responsible for all use of your account and for any actions that take place through your account. It is your responsibility to maintain the confidentiality of your password and other information related to the security of your account. Any dedicated IP order in addition to those provided with a hosting package may be subject to IP justification. IP justification practices are subject to change to remain in compliance with the policies of the American Registry for Internet Numbers (ARIN). We reserve the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

Account Contract Information and Domain Name WHOIS Information

You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate.

You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.

You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Name Only” Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.

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 of the domain name.

You irrevocably waive any and all claims and causes of action you may have 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

Our Services

Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms which end on the expiration date. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry.

For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.

We are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration.

You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.

If you submit an application for sunrise or landrush registration of a domain name, we do not guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured.

We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.

We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions.

If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.

Services Provided at Will; Termination or Suspension of Services

We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.

At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.

If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.

Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure now in affect or which may come into effect at a later date, by any registrar or registry administrator procedures approved by an ICANN-adopted policy or any policy adopted by any registry or governing body, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name or as a result of any government decree, rule, law or regulation.

Domain Name Expiration

It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. With respect to domain name registration services, we will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we will email an additional renewal notification within five (5) days after the expiration of such domain name’s registration. All renewal notifications will be sent to primary contact for the Account associated with the domain name registration. It is your responsibility to maintain current and accurate credit card information should any Services be placed on “auto-renew.” We and/or your Primary Service Provider will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain top level domain names, the automatic renewal option is not available.

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.

For a period of approximately thirty (30) 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 will participate in this process, typically called the “Redemption Grace Period” (“RGP”), for each 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 ccTLD domain name registration services and we shall not be liable therefore. If available, RGP typically ends between thirty (30) and forty-two (42) days after the end of the reactivation period of the domain name services. The current RGP fee is set forth on our website at get.qpon and does not include any registration fees that may 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, we may set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and 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 any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests and use of the domain name services; or
If we auctioned the domain name services to a third party, we may transfer the domain name registration services to such third party. In which case, the third party who won the auction for the domain name services will control the domain name 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 applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.

Transfers

Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS policied linked to at the top these terms, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact us to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.”

Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

Upon initial registration, we may place a “Registrar Lock” (“clientTransferProhibited” status) on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account.

You explicitly authorize us to act as your “Designated Agent” (as defined in ICANN’s transfer policy) to approve each “Change of Registrant” (as defined in ICANN’s transfer policy) on your behalf.

Dispute Resolution Policy

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 or reservation 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 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 deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.

GET.QPON Content

Except for User Content (as defined below), all content available through the Services, including designs, text, graphics, images, video, information, software, audio, and other files and their selection and arrangement, and all software used to provide the Services (collectively, “GET.QPON Content”), are the proprietary property of GET.QPON. GET.QPON Content may not be modified, copied, distributed, framed, reproduced, republished, downloaded, displayed, posted, transmitted, sold or exploited for any purpose in any form or by any means, in whole or in part, other than as expressly permitted in this Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any GET.QPON Content. Any use of GET.QPON Content, other than as specifically authorized herein, is prohibited and will automatically terminate your rights to use the Services and any GET.QPON Content. All rights to use GET.QPON Content that are not expressly granted in this Agreement are reserved by GET.QPON.

User Content

You may be able to upload, store, publish, display and distribute information, text, photos, videos, and other content on or through the Services (collectively, “User Content”). User Content includes any content posted by you or by users of any of your websites hosted through the Services (“User Websites”). You are solely responsible for any and all User Content and any transactions or other activities conducted on or through User Websites. By posting or distributing User Content on or through the Services, you represent and warrant to GET.QPON that (i) you have all the 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, including intellectual property and trademark rights.

Solely for purposes of providing the Services, you hereby grant to GET.QPON a non-exclusive, royalty-free, worldwide right and license to: (i) use, reproduce, publicly perform, publicly display, modify, translate, excerpt (in whole or in part), publish, and distribute User Content; and (ii) make archival or back-up copies of User Content and User Websites. Except for the rights expressly granted herein, GET.QPON does not acquire any right, title or interest in or to the User Content, all of which shall remain solely with you.

GET.QPON does not exercise control over nor accepts no responsibility for, User Content or the content of any information passing through GET.QPON’s computers, network hubs and points of presence or the Internet. GET.QPON does not monitor User Content. However, you acknowledge and agree that GET.QPON may, but is not obligated to, immediately take any corrective action in GET.QPON ‘s sole discretion, including without limitation, removal of all or a portion of the User Content or User Websites, and suspend or terminate any and all Services without refund if you violate the terms of this Agreement. You hereby agree that GET.QPON shall have no liability due to any corrective action that GET.QPON may take.

Use of Trademarks and Technology

GET.QPON hereby grants to You a non-exclusive, non-transferable, royalty-free, terminable license, exercisable solely during the term of this Agreement, to use the Technology solely for the purpose of accessing and using the Services.

Further, GET.QPON hereby grants You a non-exclusive, worldwide, fully paid up, royalty free, terminable right and license to use GET.QPON’s trademarks (the “Trademarks”) solely as provided by GET.QPON and solely as pre-approved in writing in connection with the marketing and promotion of the Services.

Except for the rights expressly granted above, this Agreement does not transfer from GET.QPON to You or Your customers any GET.QPON Trademarks, technology or intellectual property rights, and all rights, titles and interests in and to the Trademarks, Technology and intellectual property remain solely with GET.QPON.

Third Party Products and Services

Third Party Providers

GET.QPON may offer certain third party products and services. Such products and services may be subject to the terms and conditions of the third party provider. Discounts, promotions, and special third party offers may be subject to additional restrictions and limitations by the third party provider. You should confirm the terms of any purchase and the use of goods or services with the specific third party provider with whom you are dealing.

GET.QPON does not make any representations or warranties regarding, and is not liable for, the quality, availability, or timeliness of goods or services provided by a third party provider. You undertake all transactions with these third party providers at your own risk. We do not warrant the accuracy or completeness of any information regarding third party providers. GET.QPON is not an agent, representative, trustee, or fiduciary of you or the third party provider in any transaction.

GET.QPON as Reseller

GET.QPON may act as a reseller or licensor of certain third party services, hardware, software and equipment used in connection with the Services (“Non GET.QPON Products”). GET.QPON shall not be responsible for any changes in the Services that cause any Non GET.QPON Products to become obsolete, require modification or alteration, or otherwise affect the performance of the Services. Any malfunction or manufacturer’s defects of Non GET.QPON Products, either sold, licensed, or provided by GET.QPON to you will not be deemed a breach of GET.QPON ‘s obligations under this Agreement.

Any rights or remedies you may have regarding the ownership, licensing, performance, or compliance of any Non GET.QPON Product are limited to those rights extended to you by the manufacturer of such Non GET.QPON Product. You are entitled to use any Non GET.QPON Product supplied by GET.QPON only in connection with your use of the Services as permitted under this Agreement. You shall make no attempt to copy, alter, reverse engineer, or tamper with such Non GET.QPON Product or to use it other than in connection with the Services. You shall not resell, transfer, export or re-export any Non GET.QPON Product, or any technical data derived therefrom, in violation of any applicable law, rules, or regulations.

Third Party Websites

The Services may contain links to other websites that are not owned by GET.QPON (“Third Party Sites”), as well as articles, photographs, text, graphics, pictures, designs, sound, video, information, and other content or items belonging to or originating from third parties (“Third Party Content”). We are not responsible for any Third Party Sites or Third Party Content accessed through the Services. Third Party Sites and Third Party Content are not investigated, monitored or checked for accuracy, appropriateness, or completeness by GET.QPON. If you decide to access Third Party Sites or to access or use any Third Party Content, you do so at your own risk and you should be aware that our terms and policies no longer govern. You are encouraged to review the applicable third party’s terms and policies, including privacy and data gathering practices of any website to which you navigate.

Account Security and GET.QPON Systems

It is your responsibility to ensure that scripts and programs installed under your account are secure and permissions of directories are set properly, regardless of the installation method. Users are ultimately responsible for all actions taken under their account. This includes the compromise of credentials such as user name and password. You are required to use a secure password. If a weak password is used, your account may be suspended until you agree to use a more secure password. Audits may be done to prevent weak passwords from being used. If an audit is performed, and your password is found to be weak, we will notify you and allow time for you to change or update your password before suspending your account.

The Services, including all related equipment, networks and network devices are provided only for authorized customer use. GET.QPON may, but is not obligated to, monitor our systems, including without limitation, to ensure that use is authorized, to facilitate protection against unauthorized access, and to verify security procedures and operational security. During monitoring, information may be examined, recorded, copied, and used for authorized purposes. By using the Services, you consent to monitoring for these purposes.

Any account found connecting to a third party network or system without authorization from the third party is subject to suspension. Access to networks or systems outside of your direct control requires the express written consent of the third party. GET.QPON may, at our discretion, request documentation to prove that your access to a third party network or system is authorized. Any account that is found to be compromised may be disabled and/or terminated. We reserve the right to keep your account disabled.

GET.QPON reserves the right to migrate your account from one data center to another in order to comply with applicable data center policies, local law, or for technical or other reasons without notice.

HIPAA Disclaimer. We are not “HIPAA compliant.”

You are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. You acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children, medical, or health information. GET.QPON does not control or monitor the information or data you store on, or transmit through, the Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act (“HIPAA”). Customers requiring secure storage of “protected health information” as defined under HIPAA are expressly prohibited from using the Services for such purposes. Storing and permitting access to “protected health information” is a material violation of this Agreement, and grounds for immediate account termination. We do not sign “Business Associate Agreements” and you agree that GET.QPON is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact hello@GET.QPON.

Compatibility with the Services

You agree to cooperate fully with GET.QPON in connection with our provision of the Services. It is solely your responsibility to provide any equipment or software that may be necessary for your use of the Services. To the extent that the performance of any of our obligations under this Agreement may depend upon your performance of your obligations, GET.QPON is not responsible for any delays due to your failure to timely perform your obligations.

You are solely responsible for ensuring that all User Content and User Websites are compatible with the hardware and software used by GET.QPON to provide the Services, which may be changed by GET.QPON from time to time in our sole discretion.

You are solely responsible for backing-up all User Content, including but not limited to, any User Websites. GET.QPON does not warrant that we back-up any User Content, and you agree to accept the risk of loss of any and all User Content.

Billing and Payment Information

Prepayment.

It is your responsibility to ensure that your payment information is updated, and that all invoices are paid on time. You agree to pay for the Services in advance of the time period during which such Services are provided. Subject to applicable laws, rules, and regulations, payments received will be first applied to the oldest outstanding invoice in your billing account.

Taxes.

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 GET.QPON’s 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 paid within ten (10) days of the invoice due date. Any invoice that is outstanding for more than ten (10) days may result in the suspension or termination of Services. Access to the account will not be restored until payment has been received. If you fail to pay the fees as specified herein, GET.QPON may suspend or terminate your account and pursue the collection costs incurred by GET.QPON, including without limitation, any arbitration and legal fees, and reasonable attorneys’ fees. GET.QPON will not activate new orders or activate new packages for customers who have an outstanding balance on their account.

Domain Payments.

Domain renewal notices are provided as a courtesy reminder and GET.QPON is not responsible for a failure to renew a domain or a failure to notify a customer about a domain’s renewal. Domain renewals are billed and renewed thirty (30) days before the renew date.

Fraud.

It is a violation of this Agreement for you to misuse or fraudulently use credit cards, charge cards, electronic funds transfers, electronic checks, or any other payment method. GET.QPON may report any such misuse or fraudulent use, at its sole discretion, to governmental and law enforcement authorities, credit reporting services, financial institutions, and credit card companies.

Invoice Disputes.

You have ninety (90) days to dispute any charge or payment processed by GET.QPON. If you have any questions concerning a charge on your account, our billing department directly for assistance.

Cancellations and 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.

Refunds for Domain name Registrations

There will be no refunds issued for domain name registrations.

Cancellation Process.

You may terminate or cancel the Services by giving GET.QPON written notice to GET.QPON. In such event you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such cancellation.

Once we receive your cancellation form and have confirmed all necessary information with you via email, we will inform you in writing that your account has been cancelled. Your cancellation confirmation will contain a tracking number in the subject line for your reference and for verification purposes. GET.QPON 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 at TEAM@GET.QPON.

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.

Domains.

Domain renewals are billed and renewed thirty (30) days before the renewal date. It is your responsibility to notify GET.QPON via a support ticket created from to cancel any domain registration at least thirty (30) days prior to the renewal date. No refunds will be given once a domain is renewed. All domain registrations and renewals are final.

Promotions

GET.QPON may run promotions from time to time, including but not limited to promotional discounts for domain name registrations (“Domain Promotion”). There is maximum of one (1) domain promotion per customer or per account during any given promotion. The number of domain promotions may be limited. QPON LLC reserves the right to refuse, limit, or cancel a domain promotion, or sale of any domain purchased during a promotion, if it is determine that a customer or account has provided misleading or fraudulent information and/or abused, disrupted, or attempted to circumvent the reservation system.”

Foreign Currencies.

Exchange rate fluctuations for international payments are constant and unavoidable. All refunds are processed in U.S. dollars and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and GET.QPON is not responsible for any change in exchange rates between the time of payment and the time of refund.

Termination

GET.QPON may terminate your access to the Services, in whole or in part, without notice in the event that: (1) you fail to pay any fees due; (2) you violate this Agreement; (3) your conduct may harm GET.QPON or others or cause GET.QPON or others to incur liability, as determined by GET.QPON in our sole discretion; or (4) as otherwise specified in this Agreement. In such event, GET.QPON shall not refund to you any fees paid in advance of such termination, and you shall be obligated to pay all fees and charges accrued prior to the effectiveness of such termination. Additionally, GET.QPON may charge you for all fees due for the Services for the remaining portion of the then current term.

UPON TERMINATION OF THE SERVICES FOR ANY REASON, USER CONTENT, USER WEBSITES, AND OTHER DATA WILL BE DELETED.

Price Change

GET.QPON reserves the right to change prices, the monthly payment amount, or any other charges at any time. It is your sole responsibility to periodically review billing information provided by GET.QPON through the user billing tool or through other methods of communication, including notices sent or posted by GET.QPON.

Limitation of Liability

IN NO EVENT WILL GET.QPON ITS DIRECTORS, EMPLOYEES, OR AGENTS BE LIABLE TO YOU OR ANY THIRD PERSON FOR ANY INDIRECT, CONSEQUENTIAL, EXEMPLARY, INCIDENTAL, SPECIAL, OR PUNITIVE DAMAGES, INCLUDING FOR 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 GET.QPON IS AWARE OR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING TO THE CONTRARY CONTAINED HEREIN, GET.QPON ‘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 GET.QPON 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 GET.QPON, 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 relating to (i) your use of the Services, (ii) any third party services related to the Services; (iii) any breach or violation by you of this Agreement; (iv) your violation of any law or third-party’s rights; or (v) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement.

Independent Contractors

The parties to this Agreement are independent contractors and have no right or authority to bind or commit the other party in any way without the other party’s express written authorization to do so. This Agreement does not create an employer/employee, joint venture, partnership, or agency relationship between the parties.

Arbitration

By using the Services, you hereby submit to the exclusive jurisdiction of the American Arbitration Association (“AAA”) in connection with any dispute relating to, concerning or arising out of this Agreement. Payment of all filing, administrative and arbitrator fees will be governed by the AAA’s rules, unless otherwise stated in this paragraph. In the event you are able to demonstrate that the costs of arbitration will be prohibitive as compared to the costs of litigation, GET.QPON will pay as much of your filing, administrative, and arbitrator fees in connection with the arbitration as the arbitrator deems necessary to prevent the arbitration from being cost-prohibitive. The arbitration before the AAA shall proceed solely on an individual basis without the right for any claims to be arbitrated on a class action basis or on bases involving claims brought in a purported representative capacity on behalf of others. The Federal Arbitration Act, and not any state arbitration law, governs all arbitration under this paragraph. All decisions rendered by the arbitrator will be binding and final. The arbitrator’s award is final and binding on all parties. The arbitrator’s authority to resolve and make written awards is limited to claims between you and GET.QPON alone. Claims may not be joined or consolidated unless agreed to in writing by all parties. No arbitration award or decision will have any preclusive effect as to issues or claims in any dispute with anyone who is not a named party to the arbitration. If you initiate litigation or any other proceeding against GET.QPON in violation of this paragraph, you agree to pay GET.QPON ‘s reasonable costs and attorneys’ fees incurred in connection with our enforcement of this paragraph.

Governing Law; Jurisdiction

Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the State of Nevada.

Disclaimer of Warranties

GET.QPON DOES NOT WARRANT THAT PERFORMANCE OF THE SERVICES OR USE OF THE TECHNOLOGY WILL BE UNINTERRUPTED, ERROR FREE, OR THAT IT WILL NOT BE NECESSARY FOR YOU TO PROVIDE NOTICE OF ERRORS TO YOUR CUSTOMERS OR SUB-RESELLERS.
EXCEPT AS EXPRESSLY PROVIDED IN THIS AGREEMENT, NEITHER PARTY SHALL BE LIABLE IN ANY WAY TO THE OTHER PARTY OR ANY OTHER PERSON FOR ANY LOST PROFITS OR REVENUES, LOSS OF USE, LOSS OF DATA OR COSTS OF PROCUREMENT OF SUBSTITUTE GOODS, LICENSES, OR SERVICES OR SIMILAR ECONOMIC LOSS, OR FOR ANY PUNITIVE, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR SIMILAR DAMAGES OF ANY NATURE, WHETHER FORESEEABLE OR NOT, UNDER ANY WARRANTY OR OTHER RIGHT HEREUNDER, ARISING OUT OF OR IN CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, OR FOR ANY CLAIM AGAINST THE OTHER PARTY BY A THIRD PARTY, REGARDLESS OF WHETHER IT HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH CLAIM OR DAMAGES.

Backups and Data Loss

Your use of the Services is at your sole risk. GET.QPON is not responsible for files and/or data residing on your account. You agree to take full responsibility for all files and data transferred and to maintain all appropriate backup of files and data stored on GET.QPON ‘s servers.

Limited Warranty

THE SERVICES PROVIDED UNDER THIS AGREEMENT ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE BASIS.” EXCEPT AS EXPRESSLY PROVIDED IN THIS SECTION, GET.QPON AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS DISCLAIM ALL WARRANTIES OF ANY KIND, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT, FOR THE SERVICES PROVIDED HEREUNDER. GET.QPON AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS MAKE NO REPRESENTATIONS OR WARRANTIES (I) THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR FREE OR COMPLETELY SECURE; (II) AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES; OR (III) AS TO THE ACCURACY, RELIABILITY OR CONTENT OF ANY INFORMATION PROVIDED THROUGH THE SERVICES. GET.QPON AND OUR AFFILIATES, EMPLOYEES, AGENTS, SUPPLIERS AND LICENSORS ARE NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO OR FROM USERS OR STORED BY USERS ON OR THROUGH THE SERVICES. THE TERMS OF THIS SECTION SHALL SURVIVE ANY TERMINATION OF THIS AGREEMENT.

Disclosure to Law Enforcement

GET.QPON may disclose User information to law enforcement agencies without further consent or notification to the User upon lawful request from such agencies.

Entire Agreement.

This Agreement, including documents incorporated herein by reference, supersedes all prior discussions, negotiations, and agreements between the parties with respect to the subject matter hereof, and this Agreement constitutes the sole and entire agreement between the parties with respect to the matters covered hereby.

Headings.

The headings herein are for convenience only and are not part of this Agreement.

Changes to the Agreement or the Services

GET.QPON may modify, add, or delete portions of this Agreement at any time. If we have made significant changes to this Agreement, 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.

GET.QPON 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 GET.QPON 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 GET.QPON. Any attempted assignment in violation of this Agreement shall be void and of no force or effect whatsoever. GET.QPON 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 shall be in default or liable for any loss or damage resulting from delays in performance or from failure to perform or comply with terms of this Agreement due to any causes beyond its reasonable control, which causes include but are not limited to Acts of God or the public enemy; riots and insurrections; war; fire; strikes and other labor difficulties (whether or not the party is in a position to concede to such demands); embargoes; judicial action; lack of or inability to obtain export permits or approvals, necessary labor, materials, energy, components or machinery; acts of civil or military authorities; failure of telecommunications; or other casualty.

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 in any person other than the parties hereto and their respective successors and permitted assigns. Notwithstanding the foregoing, 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 user as if it were a party to this Agreement.

Privacy Policy

Last modified: January 1, 2019

QPON LLC (the “website”, “we”, “us”, “our”) respects your privacy. We have created this privacy policy in order to demonstrate our commitment to you, our customer. This privacy policy discloses the privacy practices for this website. This privacy policy may be revised periodically and this will be reflected by the date above. Please revisit this page to stay aware of any changes. By using the website you agree to the privacy practices disclosed below.

What information do we ask you for and why?

The website uses forms where you give us personal information (like your name, address, phone number, payment information and email address) so you can create an account, place orders, request information, etc. If you do not provide this information, we may not be able to provide you with the services offered on this website.

What do we do with your personal information?

We do not give third parties access to your personal information other than as outlined in this privacy policy. We will never give any information about you to others without your express permission. We may share specific information with business partners or contractors when the information is needed to fulfill your request for a product or service. We also use your contact information when it will be important for us to contact you regarding functionality changes to our products, our website, new services and special offers we think you’ll find valuable and provide customer service. You can contact us at the email address at the bottom of this page if you would like to make any modification to the information you have provided us.

How else do we get information about you?

We use information gathered about you from our site statistics via log files provided by third party tracking partners (for example your IP address) to help diagnose problems with our server, and to administer our website. We also gather broad demographic information from this data to help us improve our site and your experience. This information collection is not linked to any personally identifiable information. Our site uses cookies to keep track of your session information and to provide you with customized information. We do link the information we store in cookies to personally identifiable information you submit while on our site.

We may use both session ID cookies and persistent cookies. A session ID cookie expires when you close your browser. A persistent cookie remains on your hard drive for an extended period of time. You can remove persistent cookies by following directions provided by your internet browser (ex: Mozilla Firefox or Internet Explorer).

We also may use cookies to store your username if you request to remember your username during login. That information will be used to pre-fill the login form at a later time. If you are referred to our website through an ad or a partner, we will store the referral information in the cookies.

Can we contact you?

We, our affiliate(s) and/or third parties may also promote products and service offerings to you via email, sms-text message, or telephone. You may receive emails, sms-text messages, or telephone contacts for as long as you wish to continue to receive such contacts. You can be removed from our contact lists at any time with no questions asked. To remove your information from our database to not receive future marketing communications contact us at TEAM@GET.QPON.

What other information may we collect?

In order to use this website, a user may first have to complete the registration form. During registration a user is required to give certain information (such as name and email address). This information is used to contact you about the products/services on our site in which you have expressed interest. At your option, you may also provide demographic information (such as gender or age) about yourself, but it is not required.

We request information from you on our order form. To buy from us, you must provide contact information (like name and shipping address) and financial information (like credit card number, expiration date). This information is used for billing purposes and to fill your orders. If we have trouble processing an order, we’ll use this information to contact you.

From time-to-time this website may request information via surveys or contests. Participation in these surveys or contests is completely voluntary and you may choose whether or not to participate and therefore disclose this information. Information requested may include contact information (such as name and shipping address), and demographic information (such as zip code, age level). Contact information will be used to notify the winners and award prizes. Survey information will be used for purposes of monitoring or improving the use and satisfaction of this site.

Do we track you across third party websites?

We do not track our customers over time and across third party websites, and therefore do not respond to Do Not Track (DNT) signals. However, in addition to using cookies and related technologies as described above, we also may permit certain third party companies to help us tailor advertising that we think may be of interest to users and to collect and use other data about user activities on our Sites and/or Services (e.g., to allow them to tailor ads on third party services). These companies may deliver ads that might also place cookies and otherwise track user behavior across third party websites.

We use Google Analytics’ 3rd-party audience data such as age, gender and interests to better understanding the behavior of our customers and work with companies that collect information about your online activities to provide advertising targeted to suit your interests and preferences. For example, you may see certain ads on this website or other websites because we contract with Google and other similar companies to target our ads based on information we or they have collected, including information that was collected through automated means (such as cookies and web beacons). These companies also use automated technologies to collect information when you click on our ads, which helps track and manage the effectiveness of our marketing efforts.

You may opt out of the automated collection of information by third-party ad networks for the purpose of delivering advertisements tailored to your interests, by editing your Google Display Network ads’ preferences at http://www.google.com/ads/preferences/. For further information regarding the privacy practices of our advertisement provider, please visit http://www.google.com/privacypolicy.html.

What about Minors?

This website is not intended for children under the age of 13 and you may not use this website or submit any data to this website if you are under the age of 13. If we find we have collected any data from anyone under the age of 13, we will delete it.

How do we protect your data?

We have implemented measures designed to secure your personal information from accidental loss and from unauthorized access, use, transmission alteration, and disclosure. The safety and security of your information also depends on you. Where we have given you (or where you have chosen) a password for access to certain parts of our website, you are responsible for keeping this password confidential. Unfortunately, the transmission of information via the internet is not completely secure. Although we do our best to protect your personal information, we cannot guarantee the security of your personal information transmitted to our website. Any transmission of personal information is at your own risk.

For California Residents

California residents may request certain information regarding our disclosure of personal information to third parties for their direct marketing purposes. To make such a request, please send an email to TEAM@GET.QPON.

For Non-US Residents

The website is hosted in the US and is intended for and directed to users in the US. The laws of the US apply to your use of this website. By submitting information on this website, it is being transmitted to the US and you consent to that transfer.

For EU Citizens

The website is hosted in the United States and is intended for and directed to users in the United States. Nevertheless, the following applied to any EU citizens that we collect data on. We are the controller of your data. Your right to be forgotten will be honored and if you request, we will permanently erase all collected data about you. Please email TEAM@GET.QPON to make this request. Otherwise, your data will be stored indefinitely. Your data will not be transferred across borders, other than its initial transmission to the US when you submit your information to us. No automated processing of personal data that will take place (including profiling).

Questions?

If you have any questions, please contact us at: TEAM@GET.QPON