TurnCommerce Inc - Terms of Service

This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of Turncommerce.com Inc, a Colorado corporation, hereafter “Turncommerce”, “Turncommerce.com”, “the site”, “Registrar”, “Domain Name Registrar” or the like. The terms “you”, “user”, “customer” and the like refer to an individual or entity who accepts this Agreement. To use Turncommerce.com’s services, you must read and agree to be bound by all terms and conditions of this Agreement. You acknowledge that you have read, understand and agree to the terms in this Agreement. You agree that Turncommerce.com may update these terms of service to add, remove or amend terms, conditions, and policies governing the use and operations of Turncommerce.com. Your use of Turncommerce.com’s website and/or services after such changes have been made constitutes your acceptance of these Terms and Conditions.

Turncommerce.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”). Turncommerce abides by the ICANN Transfer Dispute Resolution Policy (http://www.icann.org/en/transfers/dispute-policy-12jul04.htm), as well as its own Dispute Policy.

1.Eligibility. By using Turncommerce.com and or its services, you represent and warrant that you are at least eighteen (18) years of age, you are recognized as being able to form legally binding contracts under applicable law, and that you are not barred from using any of Turncommerce’s services under United States law.

2.Fees. In return for providing domain registrations, renewals and other products and services, you agree to pay Turncommerce.com at the time of rendered services in the form of credit card or through your previously funded Turncommerce “Account Balance”. Should Turncommerce.com require payment and you fail to make a payment (or make payment through fraud or theft), your Turncommerce account and services will be subject to immediate cancellation and suspension without notice. Turncommerce further reserves the right in these circumstances to cancel specific services, products or reports, as well as eventual account termination in such situation. Any past due balance of more than 30 days can lead to account suspension and termination.

3.Domain Name Renewals. When you register a domain name it is “registered” with the appropriate registry for the amount of time determined by the “term”, which is how many years the domain will be registered to you. You further agree and understand that your domain is subject to annual renewals and you must keep your registration current by paying any and all requisite renewal fees directly to Turncommerce. You understand that failure to pay applicable renewal and registration fees will result in you losing your registered ownership of the domain and the domain will be allowed to expire. Should you fail to renew a domain either manually or automatically resulting in the expiration and your loss of registered ownership of the domain, Turncommerce.com cannot be held responsible as the registration and maintenance of your domain registration is the user’s sole responsibility. Likewise, Turncommerce.com is subject to varying yearly domain registration / renewal fees and domain renewal fees will not be guaranteed at the same rate you initially registered a domain for.

4.Term of Agreement; Modifications. Turncommerce.com reserves the right to update this Agreement from time to time to reflect new changes, policies and restrictions on domain registrations as described by the corresponding Registries, and or ICANN. Turncommerce is under no requirement to give customers notice of changes made to this Agreement and you should review Turncommerce’s terms on a regular basis to ensure you are in complete compliance of all Terms and Conditions.

5.Dispute Policy. By creating a Turncommerce.com account you agree to the Dispute Policy. Turncommerce will not be held liable for disputes that do not go in the favor of the customer.

6.Communication. Turncommerce customer support strives to provide quality customer support in a timely manner. Customers can expect to receive a response within 2 business days of submitting communication regarding support. Exceptions to this timeline may occur during holidays due to limited staffing and business hours, or due to complex matters that require more time for such a response.

Any complaints concerning customer support should be directed at [email protected]. These complaints will be reviewed by a Customer Support manager and responded to within 3 business days. Should it become necessary, complaints will be escalated to the legal department as necessary, and any escalation will be communicated with the customer.

Abuse and legal communications can expect a response or action within 3-5 business days. Exceptions to this timeline may occur during holidays due to limited staffing and business hours, or due to complex matters that require more time for such a response.

7.Transfer of Domain Names. By registering domains with Turncommerce.com, you expressly agree and authorize Turncommerce.com to act as your Designated Agent as defined by ICANN’s transfer policy. You expressly agree and authorize Turncommerce.com to approve each change of registrant on your behalf. When the prior registrant of a domain name requests that (a.) Turncommerce.com transfer their domain to another customer’s Turncommerce.com account or (b.) to another ICANN accredited registrar, you are giving Turncommerce.com express permission to act as your Designated Agent and approve the requested transfer. This includes approving the transfer on behalf of the prior registrant and/or the new registrant, as the transfer relates to the approval requirements of the transfer to or away from Turncommerce.com and or a Turncommerce account.

a.”Designated Agent” is defined as an individual or entity that the prior registrant OR the new registrant explicitly authorizes to approve a Change of Registrant on their behalf.

b.”Prior Registrant” is defined as the listed registrant (entity or person) at the time the change in domain registrant is initiated.

c.”New Registrant” is defined as the entity or person in which the prior registrant is transferring the domain to. This includes any material change in the registrant information.

d.”Change of Registrant” is defined as a material change to any of the following:

iRegistrant name

iiRegistrant organization

iiiRegistrant email address

ivAdministrative Contact email address (if no prior registrant email address was provided)

8.Push of Domain Names. When domain name(s) are pushed between Turncommerce.com accounts, meaning that a domain is pushed from one Turncommerce.com account and into another Turncommerce.com account (not “transferred” between different registrars), the pushed domain name(s) will inherit the category settings of the Turncommerce.com account and category that is receiving the domain name(s). If there are no category settings, the domain name(s) will take Turncommerce.com’s default settings of auto-renew being “on”. Specifically, if the domain is being pushed into an account and category that has auto-renew settings set to “off”, auto-renew settings for the domain will be turned “off”. Likewise, if the domain is pushed to an account and category with auto-renew settings set to “on”, OR if there is no specific setting (and thus Turncommerce.com default settings apply), the pushed domain name(s) will take on the default auto-renew setting set to “on” for these domain name(s). Even in a case where the account that initiated the push had an auto-renew setting of “off”, auto-renew is treated by default as “on” for maximum user protection. A Turncommerce customer will have the sole responsibility for maintaining all settings for all domain names in their account, this includes any renewal and payment settings such as auto-renew of each domain in the user’s account. There will be no refunds for customers who fail to maintain their desired domain renewal settings appropriately. When a domain is deleted from an account any pending pushes will be removed from the domain and the push will need to be re-initiated after a restore of such domain.

9.Breach of Agreement. You agree that in the event you violate any provisions of this Agreement rendering you in breach of this agreement, that Turncommerce.com may take any of the following actions to remedy your breach: (i.) any domains registered in your Turncommerce.com which are in conflict with this agreement may be suspended or cancelled per the terms of this agreement. (ii.) Under most situations Turncommerce will put a suspension on a domain registration or service that is found in conflict; however, Turncommerce reserves the right to employ i. above without notice and in Turncommerce’s sole discretion; (iii.) Turncommerce may correct or change any false or incorrect information regarding your domain registration. Turncommerce may also remove or suspend privacy protection without notice.

In some situations where your actions constitute a breach of this agreement, Turncommerce.com will contact you via email and provide a summary of your breach and recommended actions to remedy said breach. You will be given a mandatory deadline in which to respond and either remedy the breach, or provide support, evidence and proof of your case. Turncommerce will review all the facts and if you are still found in breach after 10 days, Turncommerce will take proper and necessary actions to remedy the breach.

Termination of accounts or services can happen without warning or notice.

10.Behavior of Website. You agree when you submit information or request changes to your account or domains, that not all changes will be reflected immediately. Not all submissions to Turncommerce can be canceled or reversed once submitted, especially when working “in bulk”. You operate at your own risk when working with groups of domains. Furthermore, Turncommerce does not guarantee its website or services to be operational at all times, and you accept the risks with using Turncommerce.com. Turncommerce is not responsible for inaccuracies in its system which might cause unintended consequences, for suspensions of domain names nor does Turncommerce guarantee any SLA uptime guarantee.

11.Use of your Information. Turncommerce publishes a Privacy Policy which fully outlines how your personal information is used. All Turncommerce customers agree to the terms of the privacy policy for every domain name registered, and how such information can and will be used. Any third parties registering domain names (Registered Agents) will represent this to any third-party whose personal data have been supplied in order to manage said domain names on their behalf.

12.Provisions Concerning Specific TLD Registrations.

.Com and .Net Registrations. You agree to indemnify, defend and hold harmless the .COM and .NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.

.Uk and .Co.uk Registrations. In order to register a .uk or a .co.uk domain name, you must not only expressly agree to Turncommerce’s Terms and Conditions, you must also read, acknowledge, and agree to Nominet’s terms and conditions which can be found here: www.nominet.uk/go/terms. By registering a .uk or a .co.uk domain name at Turncommerce, you acknowledge that you have read both Turncommerce and Nominet’s Terms and Conditions and that you knowingly and voluntarily agree to be bound to said Terms and Conditions. Registration of .uk and .co.uk domain names will require additional account verification. In order to register a .uk or a .co.uk domain name, Turncommerce will require you to provide a high quality color scan or photo of your official government issued identification card, such as a passport or driver’s license AND a color “selfie” image of you holding your official government issued identification card. These photos will be closely inspected by Turncommerce staff and Turncommerce reserves the right to reject registration should the images not pass quality control. Failure to provide these images will result in a rejection of the registration of the requested .uk or .co.uk domain name(s). Current pricing is always displayed on the Pricing Page. When it comes to .uk and .co.uk domain names, Turncommerce does not charge for transfers away nor for termination of a contract.

13.Registrar’s Deletion and Auto-Renewal Policies.

With auto-renew off: Should you choose to disable the auto-renewal function in your Turncommerce account for any domain, and you have chosen to manually renew your domain each year, Turncommerce will make multiple attempts to notify you that the domain name is approaching its expiration date and that you will need to take steps to renew your domain. Turncommerce will send you an email approximately one month prior to the domain name’s expiration date. This will be the first warning that your domain name is about to expire. Turncommerce will then send another email approximately one week before the domain name’s expiration date. Finally, if the domain name is not renewed by the expiration date of the domain, Turncommerce will send a final notification about the domain name’s expiration. While not contracted to do so, Turncommerce may send more notifications in order to help protect its customers and to help prevent domain names from accidental expiration.

With auto-renew on: If you have auto-renew turned on you are asking Turncommerce to automatically charge the payment method(s) you have on file for the domain’s yearly renewal fees. Turncommerce will attempt to renew the domain based on the advanced setting “Domain Auto-Renewal” found in My Account > Settings > Advanced. This setting will tell Turncommerce how many days before the domain name’s expiration that the auto-renew should be processed. The default setting for auto-renewal is 14-days prior to the domain name’s expiration date. When Turncommerce attempts to renew a domain with auto-renew on, it will first look for an available funded account balance, and then cycle through each of the credit cards on file in attempt to make the auto-renewal payment. If these auto-renewal attempts fail, Turncommerce will send you an email notifying you of the auto-renewal failure and try to render payment again the following day. You may need to take manual steps to remedy the payment method or to make payment for your domain renewal to be successful. If your domain does not auto-renew within the designated number of days configured, the domain name will be allowed to expire due to non-payment by the auto-renewal. Presuming you keep this setting at 14-days, this means you will receive 14 auto-renewal failure notices via email before the domain name expires. While you can set your auto-renew setting to as little as 1-day, Turncommerce does not recommend this as a billing failure will mean the domain name will expire the following day, will become unusable, email will stop working and the respective website will go offline.

If your domain expires, Turncommerce will send an email within 24 hours of the expiration occurring. Turncommerce will also send a final email about your domain expiration one week after the domain name has expired, to give you a final notice your domain name is about to become available for someone else to register and use.

14.Expired Domain Process. Upon expiration of your domain name, your nameservers will be changed to expired1.Turncommercedns.com and expired2.Turncommercedns.com as is required by ICANN’s ERRP (Expired Registration Recovery Policy). During this time your domain will have all services interrupted (including but not limited to email, web hosting, ftp servers, etc.) During this expiration process you will be allowed to renew the domain for the standard renewal cost of that domain which is designated by the TLD’s current price as reflected on Turncommerce.com at that time.

The registrant of an expired domain will be given no less than 30 days to pay for the renewal of the domain before the domain enters a Redemption Grace Period (“RGP”). Domain names at Turncommerce move from “expired” status to RGP status on the 30th day after a domain name’s expiration date. Due to processing constraints, on rare occasions this date might be up to 10 days later. As a registrant you should expect this will happen on the 30th day after a domain name expires.

Turncommerce has absolutely no liability for domains that were allowed to expire due to user error, non-payment, and billing failure. Turncommerce will make reasonable attempts to provide ample notification to customers about potential domain name expirations when applicable, but Turncommerce is not liable in situations where a domain is allowed to expire for any reason.

15.Domain Deletion / Redemption Grace Period Recovery. If you fail to renew your domain through the end of the expiration of the domain (30 days from the domain name’s expiration date) that domain will enter Redemption Grace Period (aka “RGP”). Once a domain enters RGP status you will have 30 days to “redeem” the domain at the standard redemption period price. The cost to redeem a .com or .net domain from RGP is currently $85 per domain. Non .com or .net domains will be charged $85, or the registry’s redemption fee; whichever cost is greater. Any domain that goes beyond the 30-day Redemption Grace Period (in addition to the previous 30 days of auto-renew grace period) will be ineligible for redemption of any kind. Meaning 60 days after the domain name’s expiration date the registrant can no longer take any steps to recover a non-renewed domain.

There are two processes in which domains will go through RGP at Turncommerce.com. Registry Redemption Grace Period (“Registry RGP”) and Registrar Redemption Grace Period (“Registrar RGP”). In the case of Registrar RGP, the domain name may be auctioned off or sold to third parties who have an interest in the domain beginning on the 30th day after the domain name has expired. Should a third-party purchase rights to the domain, you will have exactly 30 days from the beginning of RGP to pay the redemption fee to have the domain name returned to you. Should the redemption fee not be paid within 60 days after the domain name’s expiration, the ownership of the domain will change hands and be irreversible.

In the case of Registry RGP, the domain name will be deleted and go through the registry’s RGP process. This period is mandated to be the 30 days immediately following the deletion of a registration. Therefore, presuming the domain name is deleted at the registry on the 30th day after the domain name’s expiration, you will have 30 days following that date to redeem the domain name for the standard redemption cost of $85. Again, if you do not redeem a domain before the end of this redemption grace period, the domain will drop and become available for anyone to use. In many cases, you can lose permanent rights and access to the domain.

In other words, if the domain name is not renewed or redeemed within 60 days following the expiration, the domain will be irretrievable. During the first 30 days you can pay the basic renewal fee. In the second 30 days the Redemption fee, for .com and .net domains this cost is $85.

16.Privacy Protection. If you choose to use privacy protection provided by Turncommerce you agree that you will not abuse the service and should any involvement / interaction be required on Turncommerce’s behalf you will be charged a $150 “Whois privacy protection maintenance fee”. This includes, but is not limited to, legal services required from operating said domain, disputes over your domain or mediation of some form concerning the domain. If your accounts are found to be problematic, for any reason whatsoever, Turncommerce has the full right to terminate and remove privacy protection on any and all domain names in your account. If you are doing anything illegal or questionably illegal on a domain name that is privacy protected, your privacy protection will be removed immediately and/or shared with a complaining party who bears what seems to be a legitimate issue. You acknowledge that privacy protection is a privilege and not a right and you expressly grant Turncommerce absolute right and power. By using Turncommerce’s privacy protection services you consent that your personal information is not 100% protected. For iron clad privacy in Whois, Turncommerce suggests you hire an attorney and have that attorney be the primary contact on your domain. If Turncommerce receives a UDRP on a domain name that has privacy protected turned on, privacy protection will be removed during the dispute.

You agree that in using privacy protection services, Turncommerce will review and forward certain communications addressed to a privacy protected domain at its own digression. In using privacy protection, you acknowledge you are pointing ownership of the domain to Turncommerce.

Please note that certain domain registries do not allow privacy protection. Some example extensions that do not allow privacy protection are: .asia, .bz, .in, .ca, .ch, .cn, .co.uk, .com.au, .com.es, .com.sg, .de, .es, .eu, .fr, .li, .me.uk, .net.au, .nom.es, .nu, .org.au, .org.es, .org.uk, .sg, .us

17.General Data Protection Regulation (GDPR). By using Turncommerce.com and its services you expressly agree that you have read and agree Turncommerce’s privacy policy. Should you not agree to Turncommerce’s privacy policy you agree that you will not use Turncommerce’s systems and services. Turncommerce additionally provides an advanced section of each users’ account which allows all living persons of European member countries to either opt-in and/or opt-out of such public whois details. To set GDPR privacy, navigate to My Account > Advanced > GDPR Privacy Setting, and set this to “enabled”.

18.Abuse and Removal of Privacy Protection. Turncommerce has the right, upon its sole discretion to remove a customer’s privacy protection for any of the following reasons:

a.Illegal Activity

Turncommerce.com has the right to remove a customer’s privacy protection without any notice upon notification of a customer’s involvement in any (a.) illegal, (b.) malicious or (c.) harmful activity on a domain registered with Turncommerce. Turncommerce.com has a zero-tolerance policy to the abuse of its services to engage in illegal, malicious, or harmful activities.

b.UDRP

Upon receiving notice of that a Uniform Domain Name Dispute Resolution Policy Complaint and confirmation that the arbitration process regarding the Complaint has been commenced, Turncommerce is required by ICANN to immediately remove any privacy protection on that domain name and lock said domain from any outbound transfer or account change.

c.ICANN Whois Inaccuracy Complaint

Should Turncommerce receive a Whois Inaccuracy Complaint on a domain name, it will email the customer in order to acquire the necessary information and conduct an investigation. Should the customer fail to respond to this correspondence, their domain will be suspended and privacy protection will be removed from all domains in that customer’s account without notice. It is mandatory the customer respond to these inquiries and failure to do so will result in the loss of the privilege of using privacy protection.

d.Court Order or Subpoena

Upon receipt of any legitimate and binding Court Order or Subpoena, Turncommerce may, upon requirement by law or by its own discretion, remove privacy protection from a customer’s domain and/or account in order to obey any relevant laws and to ensure all customers are using their domains in legitimate and legal manners.

e.Any Reason Deemed Necessary

In addition to the above reasons, Turncommerce may remove privacy protection form a customer’s domain and/or account for any compelling reason and at Turncommerce’s sole discretion. Turncommerce.com is not required to give any notice or provide any reason for removing privacy protection. Privacy protection is an added and voluntary service that is to be a privilege. Turncommerce will not tolerate any abuse of this voluntary service.

19.One Year Free Privacy Protection. All domain names registered through Turncommerce (which are eligible for privacy protection) may receive one (1) year of free privacy protection. This promotion is applicable for new domain registrations, domain name transfers in, and on domain names that have never had privacy turned on before within the system. After the 1 free year is up you will be charged for the renewal at the current privacy protection price. In the case your privacy protection does not end on the “anniversary” of your domain name’s expiration (this can happen with transfers for example), Turncommerce will “sync” the privacy protection to the closest anniversary of the expiration date once the free year has ended. In this case you will see a pro-rated charge where privacy might only renew for a few months (for a fraction of the yearly price with the pro-rated price), and then you will see a second privacy charge for an additional year when the anniversary of your domain’s expiration comes up. This is done to keep all services associated with a domain synced up with its expiration date to make the management of your domain names easier.

If you do not long into your account and manually cancel your 1-year of free privacy protection before the domain name renews, or before the anniversary of the domain, you will be charged the current rate for privacy protection. (Currently $2.95 per domain name per year.)

20.Registered Name Holder Representations and Warranties. You represent that all information you provide and submit to Turncommerce.com is factually correct and you understand that providing false, fake, or misleading information with regards to domain name registrations is considered a breach of contract with both Turncommerce and the relevant gTLD extension registry.

a.Accurate Information

You warrant that all information provided in relation to your domain registration will contain accurate and up-to-date information such as full name, postal address, e-mail address, voice telephone number, fax number, the registered name holder (if available), authorized contact person and if necessary organization or corporation name responsible for said domain registration.

b.Inaccurate and/or Unreliable Information

Knowingly or willfully providing fake, false, inaccurate, or misleading information, including fake or false names, addresses or other contact information on your account or domain registrant information, constitutes a material breach and violation of these terms and conditions. Any account found to have fake, false, inaccurate, or misleading information may be immediately suspended, and any domain registrations will be cancelled. Should Turncommerce reach out about inaccurate registrant information, failure to update or correct any fake, false, inaccurate, or misleading information provided to Turncommerce within seven (7) days of such request, or your failure to respond for over fifteen (15) days to inquiries by Turncommerce concerning the accuracy of contact details associated with a domain registration shall constitute a material breach of this contract and be a basis for suspension and/or cancellation of the domain name registration. Furthermore, Turncommerce reserves the right to modify registered name holder’s information when possible to correct inaccuracies or unreliable information.

c.Third Party Owners

Any registered name holder that licenses use of a domain name to a third party is deemed the registered agent and the registered name holder of said domain. The registered agent is responsible for providing its own contact information, providing accurate information and making updates as required in the terms of registration (this document.) A registered name holder licensing use of said domain shall accept liability for harm caused by wrongful use of the registered name, unless it promptly discloses the current contact information provided by the licensee to a party providing reasonable evidence of actionable harm. You represent that you have obtained consent from any third parties to register a domain on their behalf before registering a domain name with Turncommerce.com.

d.Legal Rights to Domains

The registered name holder represents, to the best of the registered name holder’s knowledge and belief, that neither the registration of the domain name, nor the manner in which it is directly or indirectly used, infringes on the legal rights of any third party. Turncommerce is not responsible to determine whether domain name(s) registered by customers and the use of said domain(s) infringes legal rights of others. It is the customer’s sole responsibility to know whether or not the domain name(s) registered do not directly infringe on the legal rights of any third party. By utilizing Turncommerce.com and its services, all customers represent, to the best of their knowledge and belief, that neither the registration of the domain name, nor the manner in which it is directly or indirectly used, infringes on the legal rights of any third party.

e.Illegal Activity and Use of Domain(s)

Any illegal, harmful, or malicious use of a domain is subject to immediate loss and suspension of said domain and user’s account. Turncommerce.com has the right to suspend and delete any domains being used for illegal or harmful activities. Turncommerce may further suspend any user’s accounts when domains are used to engage in illegal activities. This includes any type of fraud against the general public or fraud against Turncommerce (including but not limited to chargebacks, cancelled payments, and bad debt); copyright and trademark infringement; phishing; malicious conduct; and any other harmful and/or illegal activity. Domain and account suspension are at the sole discretion of Turncommerce. By using Turncommerce’s services you affirm that you are not using your account and domains for any illegal or harmful purposes and agree that Turncommerce may take any necessary action, including suspension of your domain name(s) and or account, should you engage in any illegal, harmful, or malicious activity. You further agree that should you engage in or attempt to perpetrate fraud against Turncommerce.com that you will face immediate suspension from Turncommerce.com and any and all of Turncommerce’s services indefinitely. Any pattern of fraud, using false contact information will result in immediate suspension and you will not be allowed to use Turncommerce’s services in the future.

f.Chargebacks, Cancelled Payments and Bad Debt

If your account is closed due to a chargeback you filed against Turncommerce; due to a cancelled payment; or any other bad debt as Turncommerce classifies as such in its sole discretion, you will be required to pay a service fee in order to regain access to your account. That service fee will be the greater of: (a) $250 USD to cover the costs associated with such issues; or (b) the direct costs associated with such an issue plus an additional $200 USD fee which will be added to such direct costs. Should you fail to make such a payment you will be in breach of contract and access to your account, domains and any other services will be limited or terminated until such time as you cure the chargeback, cancelled payment, bad debt, or pay the service fee to have your account reopened. Turncommerce has sole discretion and decision making in whether a service fee is applicable in your given situation, as your actions or account might fall into other sections and provisions of the terms which permits or requires Turncommerce to permanently suspend your account for other legal reasons.

g.Legal Jurisdiction

Disputes concerning or arising from the use of a registered domain name, the registered domain name holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the domain name registrant’s domicile and (2) where the Registrar is located in Denver, Colorado, USA.

h.ICANN Adopted Specifications or Policies

Registered Name Holder agrees that the registration of any domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specifications or policies (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name(s).

i.Registrant Rights and Responsibilities

You must comply with all applicable terms and conditions, policies and procedures set by ICANN and summarized on ICANN’s website: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

j.Indemnity

By using Turncommerce.com and registering domain names with Turncommerce.com you expressly agree to indemnify, defend and hold harmless Turncommerce, it’s officers, employees, agents and affiliates from any claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. By entering this agreement, you agree that Turncommerce.com, at its sole discretion, may take whatever actions are necessary with regards to the modification, assignment and control of your domain and or other products and services it offers. Turncommerce is not responsible for domains that are allowed to expire or transfer to other registrars or registrants. In using Turncommerce and its services you hereby confirm and agree that you are knowingly and voluntarily waving any rights now or in the future, to pursue any legal action against Turncommerce. You further agree and acknowledge that it is your sole responsibility to determine whether the purchase and use of your domain infringes upon or violates the rights of any third parties. You further agree and confirm that Turncommerce will be held harmless and indemnified from any legal actions arising from your use of domain names registered at Turncommerce.com.

k.Your Consent to Uphold This Agreement

You agree to uphold the terms in this agreement and any future changes to this agreement. Failure to do so may result in termination of services, and or termination of your account.

21.Use of SSL’s. In agreeing to this document, you acknowledge that you have read, understood and will abide by all terms set forth in the SSL Terms and Conditions.

22.Purchases of Premium / Aftermarket Domains. If you purchase the rights to domain names that other people own, which are listed as aftermarket / premium domains, you agree that the domain name will be locked for a period of 60 days after purchase. While Turncommerce will do everything possible to put the domain name into your account as fast as possible (usually immediately), transfer processes and other criteria might hold up the time until the domain is actually put into your account. Turncommerce will do what it can to expedite this process as much as possible and will try its best to only list domain names that can reasonably be transferred in a realistic amount of time.

23.Use of Email Plans. You agree that your use of any Turncommerce email account and/or email plan will abide by the “Anti-SPAM” requirements listed in the following section. All email plans are automatically renewed every year, two weeks before the expiration of the email plan. If you do not wish to continue with your email plan you must specifically “cancel” the email plan from the Email Accounts page within your account. If your account goes delinquent for more than two months due to billing issues or cancellation of the email plan, all data and email accounts will be deleted from within the plan and will not be retrievable. Email services are only available to domain names that are currently registered at Turncommerce.

24.Anti-SPAM. Turncommerce does not allow its servers or services to be used in any way that violate the Can-Spam Act of 2003 or the Telephone Consumer Protection Act.

a.Unsolicited Email

You agree that you will not utilize any Turncommerce.com servers or services for transmitting bulk, unsolicited email to third parties without expressly having permission from the email recipient to be opted-in to receive emails from you, or that are not transactional in nature.

b.Unsolicited Facsimiles

You agree that you will not utilize any Turncommerce.com servers or services for transmitting unsolicited facsimiles (faxes) which are an advertisement or without first obtaining prior confirmed consent to send such communications from the recipient.

c.Unsolicited Text Messages

You agree that you will not utilize any Turncommerce.com servers or services for transmitting unsolicited text messages which are an advertisement or without first obtaining prior confirmed consent to send such communications from the recipient.

d.Opt-Ins

For all emails that go through the Turncommerce system and have previous customer consent, you must include a legitimate physical mailing address of the sender which is a valid address you can receive mail at, and an opt-out method in the footer of the email. Upon request, Turncommerce may ask for definitive proof of an opt-in was entered into by the email recipient and that the address provided is legitimate to you and/or your business. Turncommerce reserves the right to terminate any email account, email plan, website or other hosted service based on the fact that email going through its servers may not apply to all applicable laws, and/or the fact that your account is deemed to be sending bulk unsolicited email and or faxes.

25.Linked Accounts. Linked accounts on Turncommerce are a way to give other users within Turncommerce control in your account(s). All users of Turncommerce are required to agree to the same terms and conditions as one another. By granting another user permission to access/modify/use your account, you are agreeing to the terms and conditions as set forth in this document. You can and will be responsible for actions taken by other users on your account. For example, if you have given a user permission to your email accounts, and that user is found to have been sending bulk unsolicited email, not only can Turncommerce terminate that user’s account, but can terminate your email plan, or your account in its entirety. You also agree to the inherent risks of granting other people access to your account, which means giving those people access to modify your domain registrations, manage your email accounts, managing your domains, etc. Turncommerce takes no liability for misuse of linked accounts.

26.API Access. To get started with API Access (for programmatically connecting to Turncommerce) you must first apply and provide reasoning and what you are looking to do with the API access. API access is private and will not be granted to every user. Secondarily, you will be required to fund your account and have a minimum of $100.00 USD in your account balance before being allowed to use the API. All charges which are made using the API will come off of your account balance and will not be associated with a credit card in any way. By using the API you agree that any calls made to the API to charge against your account cannot be refunded. (Certain exceptions “may” apply for a refund, you will need to contact Turncommerce directly to discuss.) When using the API you agree that you will not do more than 30 requests against the system in a 30 second timeframe. If you do so, you will be rate-limited and API access may be revoked if you hit this threshold too often. As a general rule, Turncommerce asks you space requests out by 1 second, and Turncommerce might limit your access even if you are too demanding on the system. (For example, hitting Turncommerce 30 times in a 5 millisecond period may be considered too aggressive.) You also agree that the API will not be used to purchase domain names that are expiring / dropping into general availability. If you attempt to purchase expiring domains, or check their availability during the drop, Turncommerce will respond with “domain not available” even if the domain might be available at that time.

27.Payment Methods. Turncommerce accepts the following payment methods: credit card, debit card, wire transfer, and PayPal. Turncommerce does not accept payment via check under any circumstances. Any checks sent to Turncommerce will be destroyed without being processed, deposited or cashed.

28.Returns / Refunds. Turncommerce is not obligated to issue a return or a refund on any of its products. Some products can be returned (such as failed inbound domain transfers), and for all products that are returnable, the return will be processed as an account credit. If you wish to have the balance of your funded account returned to you, you must specifically request said refund, no refund on a funded account will be made without request. Turncommerce.com can issue a refund in the following methods:

a.U.S Customers: Turncommerce is a US company. If you are a domestic customer (meaning you reside in the US) you may have your funded account refunded in the following ways:

iCheck: Payment through a check sent via US mail.

iiACH: Payment via bank ACH to seller’s domestic bank account.

iiiPaypal.com: you will need to provide the email address, name, or phone number associated with their Paypal.com account to receive payment. There is a $4.99 PayPal fee associated with this payment method.

ivDomestic Wire Transfer: All fees associated with a wire transfer will be paid for by you and those fees will be deducted from your Funded Account. If your account balance is less than the applicable wire fees, then a wire transfer will not be an option and this request will be denied.

b.International Customers: If you are an international customer (meaning you reside outside of the US) and wish to receive payout of your Funded Account; you may receive payment through the following two options:

iPaypal.com: You will need to provide the email address, name, or phone number associated with their Paypal.com account to receive payment. There is a PayPal fee associated with this payment method.

iiInternational Wire Transfer: All fees associated with an international wire transfer will be paid for by you and those fees will be deducted from your Funded Account balance. If your Funded Account Balance is less than the international wire fees, then a wire transfer will not be an option and this request will be denied. Due to wire transfer fees, it is recommended that an international customer have at least $500 or more in their Funded Account in order to receive payment in this method.

29.Billing. In rare circumstances Turncommerce may have to make billing adjustments based on unforeseen events. For example: if you purchased a premium (aftermarket) domain name, and the listing was not authorized or valid and domain cannot properly be transferred. In this instance, you may be eligible for a refund or credit for the fact that the product/service you wanted to purchase was unavailable due to unknown reasons. Turncommerce does it’s best to avoid any such issues but reserves the right to rectify any potentially problematic issues.

30.Security Logging. Turncommerce works to bring the best security practices to your account. Turncommerce logs most important activity into your account and onto your domain names so that you can easily review what is going on with your account. However, Turncommerce does not guarantee to capture every event that happens in the system or through its various programmatic interfaces.

31.Transfer-Out Security. When it comes to outbound transfers, you have the option to explicitly allow transfer out or deny transfer out per the Advanced Security settings maintained in your account. This setting is customizable on every account and allows you to choose which level of transfer out security you prefer. In both Low Security setting and High Security setting you will receive an email for outbound transfers notifying you of a pending outbound transfer. If you have ‘High Security’ enabled, the transfer will automatically be declined after 4 days if you do not act prior to that. If you have ‘Low Security’ enabled, the transfer will go through after 5 days and not require action on your part for the transfer to complete.

32.Abuse Contact. If you should have an issue with illegal activities operated from a domain that Turncommerce is the sponsoring registrar, send an email to [email protected]. You must leave detailed information that can properly communicate the issue and steps to see / reproduce this issue. Please provide Turncommerce with full details of contacting yourself, including your name and position if appropriate to the case. Turncommerce will get back to all valid reports within 24 hours. If you do not provide enough information or lack details to deem a response necessary, it is possible a response might not be sent. Turncommerce does not guarantee to take action depending on the issue and severity of the abusive issue at hand.

33.Deliverability of Email. Turncommerce will not be responsible for delivery of email and is not liable for email lost due to Registered Domain Holder’s email client or email provider and how these companies and programs deliver email. It is your responsibility to maintain a current and up-to-date email account. Please note that certain emails are required during domain registration, as stipulated by ICANN and for your protection. Should you not be able to unsubscribe to a specific email you should delete your domain names, close your account and/or transfer the domain to another registrar.

34.Disclaimer. This site, its contents, and all information, products, and services contained in or offered through this site are provided on an “as is” and “as available” basis without representations or warranties of any kind. Turncommerce.com does not, in any manner, provide any express or implied representations or warranties, including but not limited to warranties of title, merchantability, fitness for a specific purpose, or noninfringement. Turncommerce.com does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components. All information on the site is subject to change without notice.

In addition, by using Turncommerce.com you specifically acknowledge and agree that Turncommerce.com shall have no liability for interruptions in service caused by site maintenance and repairs; interruptions cause by you from custom coding, programming, or configuration; service interruptions that do not prevent traffic to your domain but may affect your ability to alter or configure your domain; and service interruptions beyond the reasonable control of Turncommerce.com including but not limited to power outages, interruption or failure of digital transmission and/or telecommunication, high network use or any other such failures.

35.Promotions. Registrar has the right to terminate any promotion for any reason and without notice.

36.Price Updates. Prices for domain name registrations, transfer, renewals, among all products and services sold on Turncommerce, are subject to change at any time without prior notice. Just because you add an item to your cart at one price does not mean it might not change while in the cart. If you have domains set to auto-renew within your account automatically, it is your responsibility to always know the price for a given TLD. Current pricing is always displayed on the Pricing Page and the price you pay in the checkout is the definitive price.

37.Maximum Liability. By using Turncommerce you acknowledge and agree that under no circumstances whatsoever will Turncommerce be liable to any customer in any way for an amount greater than the lesser of a.) the total amounts paid to Turncommerce for services rendered, or b.) $1,000 United States Dollars. You agree that any liability will be strictly capped at $1,000 USD.

38.Accuracy of Written Material. Turncommerce has gone through great lengths to make sure the copywriting on its site is accurate and up-to-date, many times with backend calculations that factor into prices and expiration dates, etc. As Turncommerce.com is ever-evolving there is a possibility copywriting might not match how the technology of the platform works. Turncommerce makes best efforts to keep this material up-to-date and accurate and will do its best to uphold what is presented and said on the website. However, in issues of gross error, such as prices accidentally being listed at $0.01, or the website algorithms accidentally saying “100 years free”, Turncommerce reserves the right to issue a full refund for such inaccuracy.

39.Disputes. Turncommerce wants to address your concerns without needing a formal dispute or arbitration. Before filing a claim against Turncommerce, you agree to try to resolve the dispute informally by emailing [email protected]. Turncommerce will try to resolve the dispute by contacting you via email, but if there is no resolve to the dispute within thirty (30) days of submission, you and/or Turncommerce agree to resolve any claims related to this Terms of Service through final and binding arbitration, unless you opt out as described below.

40.Opt-Out. You can opt-out and decline this agreement to arbitrate by contacting Turncommerce within thirty (30) days from the date that you first became subject to this arbitration provision (i.e.: the date you initially accepted this Terms of Service). You must write us at Turncommerce, Attn: Opt-Out Arbitration, [email protected]. If you opt out, neither you nor Turncommerce can require the other to participate in an arbitration proceeding.

41.Arbitration Procedures. Except in the event you opt out of arbitration as described above, all claims shall be settled by binding arbitration in accordance with the commercial arbitration rules, in effect at the time the proceedings begin, of the American Arbitration Association. Any such controversy and/or claim shall be arbitrated on an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party. All information relating to and/or disclosed by any party in connection with the arbitration of any disputes shall be treated by the parties, their representatives, and the arbitrator as proprietary business information and shall not be disclosed without prior written authorization of the disclosing party. The arbitration shall be held in the City and County of Denver, Colorado, USA or any other location Turncommerce agrees to. Each party shall bear the burden of its own counsel fees incurred in connection with any arbitration proceedings.

42.Judicial Forum for Disputes. In the event that the agreement to arbitrate is found not to apply to you and/or your claim, you and Turncommerce agree that any judicial proceeding (other than small claims actions) will be brought in the federal or state courts of the City of Denver, Colorado. Both you and Turncommerce consent to the foregoing venue and jurisdiction.

43.No Class Action. You agree that disputes between you and Turncommerce will be resolved by mandatory binding arbitration and you waive any right to participate in a class-action lawsuit and/or class-wide arbitration.

44.Assignment. You shall not give, bargain, sell, assign, sub-let or otherwise dispose of this Agreement or any part thereof or the benefit or advantage of the Agreement of any part thereof without the prior consent in writing from the Seller.

45.Legal Conduct. You agree that your use of the Turncommerce system is only for legal activities. Use of Turncommerce’s servers, its services, email or any other part of Turncommerce for illegal activities will constitute a material breach of this agreement and your account may be placed on hold or suspended depending on the severity of the infraction.

46.Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the state of Colorado, U.S.A., without reference to its choice of law rules. The parties agree that the forum for dispute resolution under this Agreement shall be located exclusively in the courts of the state of Denver, Colorado, U.S.A. The parties specifically exclude the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from application to this Agreement.

This document is considered a legally binding contract once digitally signed/accepted during purchase or modification of any domain name or service on the Turncommerce.com website.

Related Documents: Registrars Dispute Policy and Privacy Policy

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Last Revised: January 25, 2023