These General Terms of Service Agreement (“Agreement”) sets forth the terms and conditions of the use of our systems, software, platforms, APIs, and the use and/or purchase of our products and related services and for the purchase and/or use of any products and services acquired through Epik Inc. from our partners and/or affiliates (collectively “Services”).
In this Agreement “you” and “your” refer to You as the user of our Services, or any agent, employee, servant, or person authorized to act on Your behalf. “we”, “us” and “our(s)” refer to Epik Inc., as well as its subsidiaries and/or affiliate companies (“Epik”). This Agreement explains our obligations to you, and explains your obligations to us for using our Services. These obligations are in addition to (not in lieu of) any specific terms and conditions that may apply to particular Services.
Term of Agreement; Modification.
You agree that Epik may, in its sole and absolute discretion, modify this Agreement and the Services it offers to you from time to time and that such modifications are effective immediately upon posting to this Site. Your use of our Site or Services, after such changes or modifications have been made, constitutes your continued or renewed agreement to be bound by this Agreement. If you have purchased Services from Epik, the terms and conditions of this Agreement shall continue in full force and effect, including any changes made to this Agreement, for as long as you use the Services.
Eligibility & Authority.
Our Site and Services are available only to users who can form legally binding contracts under applicable law. By using this Site and/or the Services, you represent and warrant that you are at least eighteen (18) years of age and not a person barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction.
If you are entering this Agreement on behalf of a corporate entity, you represent and warrant that you have legal authority to bind such corporate entity to the terms and conditions contained in this Agreement (and those additional agreements and policies incorporated by reference). If you do not have the legal authority to bind said corporate entity, yet you accept this Agreement by using the Services, then you will be personally responsible for the obligations contained in this Agreement and any/all related agreements that you enter into based on the Services you use, including but not limited to the payment obligations. We shall not be liable for any loss or damage resulting from our reliance on any instruction, notice, document, or communication reasonably believed by us to be genuine and originating from an authorized representative of your corporate entity. If there is reasonable doubt about the authenticity of any such instruction, notice, document, or communication, we reserve the right (but undertake no duty) to require additional authentication from you. You further agree to be bound by the terms of this Agreement, and any other agreement and/or policies required by the Services purchased, for transactions entered into by you, anyone acting as your agent and anyone who uses your account or the Services, whether or not authorized by you.
Accounts; Accurate Information; Transfer of Data Abroad.
Accounts & Accurate Information. In order to access some of the features of this Site or use some of the Services, you will have to create an online digital access account ( “User Account ”) . You represent and warrant that all information you submit when you create your User Account is accurate, current, and complete, and that you will keep your User Account information accurate, current, and complete. You further agree to maintain accurate information by providing updates to us, as needed, while you are using the Services. You agree that you will notify us within 5 business days of any change in the information you provided as part of the application and/or registration process and as required by your User Account. Failure by you, for whatever reason, to respond within 5 business days to any inquiries made by us to determine the validity of information provided by you will constitute a material breach of this Agreement.
If we have reason to believe that your User Account information is untrue, inaccurate, not current, misleading, or incomplete, then we reserve the right, in our sole and absolute discretion, to suspend or terminate your User Account and any Services.
You are solely responsible for the activity that occurs on your User Account, whether authorized by you or not, and you must keep your User Account information secure, including without limitation your customer username/login, support PIN code, password, API key (if any), and any content which might include payment details.
You must notify us immediately of any breach of security or unauthorized use of your User Account. We will not be liable for any loss you incur due to any unauthorized use of your User Account. You, however, may be liable for any loss we or others incur caused by your User Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Transfer of Data Abroad.
If you are visiting this Site and/or using our Services from a country other than the country in which our servers are located, your communications with us and/or use of our Services may result in the transfer of personal information (including your User Account information) across international boundaries. By visiting this Site, using our Services and communicating electronically with us, you consent to such transfers.
Data Protection, Use, & Processing.
We may offer certain hosted Services available to you that may involve the submission, collection and/or use of personally identifying or identifiable information about you and your own customers (“Your Data”) in the course of your use of these Services (“Covered Services”). Your Data, for the purpose of this Section, excludes any User Content. Epik’s Data Processing Addendum (“DPA”), which is hereby incorporated by reference and applicable to Covered Services, is meant to provide you contractual assurance that we have robust mechanisms to ensure the processing of Your Data, including transfers of Your Data and is compliant with applicable data privacy laws.
For the purposes of the DPA, you (and all applicable affiliates) are considered the Data Controller/Data Exporter, and your acceptance of the terms of service governing Covered Services at the time of purchase of any Covered Services will also be treated as your acknowledgment and acceptance of the DPA and its appendices.
Covered Services, as defined in this Section and in the Controller to Processor DPA, include hosted services that are subject to the terms and conditions of the following Agreements: (1) Domain Registration Agreement and (2) Private Email Terms of Service.
Availability of Website & Services.
We shall use commercially reasonable efforts to attempt to provide this Site, the Services available to purchase on our Site, and our Services on a 24 hours a day, 7 days a week basis. You acknowledge and agree that from time to time this Site may be inaccessible or inoperable for any reason including, but not limited to, equipment malfunctions, periodic maintenance, repairs or replacements, or causes beyond our reasonable control. You acknowledge and agree that we have no control over the availability of this Site or Services on a continuous or uninterrupted basis, and that we assume no liability to you or any other party with regard to such, including but not limited to loss of revenue.
We may offer products and/or services from third parties. These products and/or services are subject to the terms of this Agreement, including any additional policies and agreements required, and this Agreement controls as between you and us. Nothing contained in any agreement executed between you and a third party provider shall eliminate, reduce, or add to the obligations of us as described herein.
All paid Services are non-refundable, unless otherwise specified.
The user account portal (“Account Portal”) enables you to purchase, renew, extend, suspend, or cancel Service(s). You acknowledge and agree that you will not use the Account Portal to abuse and/or overload any of our systems or Services or any API. Abuse of the Account Portal will be determined in our sole and absolute discretion which includes but is not limited to immediate termination of your User Account, without notice or right to cure.
Acceptable Use Policy (AUP).
You acknowledge and agree to the following with respect to all of our Services:
A. You will use all Services for lawful purposes only and you will comply with the terms of this Agreement and any other agreements you have entered into by virtue of purchasing or using our Service(s) in addition to all applicable local, state, national, and international laws, rules, and regulations.
B. You will not collect or harvest (nor permit anyone else to collect or harvest) any content created, generated, or posted by any user of our Site or Services (“User Content”) or any non-public or personally identifiable information about any other user or any other person or entity without their express permission.
C. You will NOT use our Site or Services in a manner (as determined by us in our sole and absolute discretion) that:
Violates the laws, regulations, ordinances, or other such requirements of any applicable Federal, State, or local government and/or international laws or customary industry acceptable use standards;
Promotes, encourages, or engages in child pornography or the exploitation of children;
Promotes, encourages, engages, or displays cruelty to humans or animals;
Promotes, encourages, or engages in terrorism, violence or hatred against people, animals, or property;
Transmits any unsolicited commercial or bulk email, or engages in any activity known or considered to be spamming or mail bombing;
Makes any illegal communication to any newsgroup, mailing list, chat facility, or another internet forum;
Makes, attempts, or allows any unauthorized access to our website, servers, account, your own hosting account (if any), or the account of any other customers of Epik;
Allows any remote code execution of malicious software through a hosting account or any APIs provided by us;
Causes denial of service attacks, port scans, or other endangering and invasive procedures against our servers and facilities or the servers and facilities of other network hosts or Internet users;
Infringes any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information;
Contains viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs designed to, or capable of, disrupting, damaging, or limiting the functionality of any software or hardware;
Contains any kind of proxy server or other traffic relaying programs;
Engages in or instigates actions that cause harm to Epik or other customers;
Reverse engineers any API or attempts to use an API to obtain confidential information or circumvent an API in order to violate Epik restrictions;
Violates the Ryan Haight Online Pharmacy Consumer Protection Act of 2008 or similar legislation, or promote, encourage, or engage in the sale or distribution of prescription medication without a valid prescription;
Violates the privacy or publicity rights of another user or any other person or entity, or breaches any duty of confidentiality that you owe to another user or any other person or entity.
D. You will not access our content through any technology or means other than through this Site itself, or as we may designate.
E. You agree to back-up all of your User Account information, including email and applicable content, so that you can access it when needed. We do not warrant that we back-up any account and you agree to accept as a risk the loss of any and all of your User Account information.
F. You agree to provide government-issued photo identification and/or government-issued business identification, plus whatever else we deem required and necessary, in order to verify your identity.
We reserves the right to refuse Services to anyone upon our discretion.
You agree that we have the sole right to decide what constitutes a violation of the AUP described above as well as what is the appropriate severity of any corrective action to be applied.
You further agree to the product and service specific AUPs which are incorporated herein by reference:
Trademark or Copyright Claims.
Epik is a service provider and respects the copyrights and other IP rights of others. To the extent we receive a proper notice of infringement of copyright, trademark, or other intellectual property, we reserve the right to access, preserve, and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of infringement if we believe in our sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such a complaint.
We expressly reserve the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. We also reserve the right to terminate an account or subscriber for even one instance of infringement.
If you would like to submit (a) a trademark claim for violation of a mark on which you hold a valid, registered trademark or service mark, or (b) a copyright claim for material on which you hold a bona fide copyright, please email Legal@Epik.com.
No Spam; Liquidated Damages.
No Spam Policy. We do not tolerate the transmission of spam. We monitor all traffic to and from our web servers for indications of spamming and maintain a spam abuse complaint center to register allegations of spam abuse. Customers suspected to be using our products and services for the purpose of sending spam are fully investigated. If we determine there is a problem with spam, we will take the appropriate action to resolve the situation.
We define spam as the sending of Unsolicited Commercial Email (UCE), Unsolicited Bulk Email (UBE) or Unsolicited Facsimiles (Fax), which is email or facsimile sent to recipients as an advertisement or otherwise, without first obtaining prior confirmed consent to receive these communications. In order to use our products and services, you must not only abide by all applicable laws and regulations, which include the Can-Spam Act of 2003 and the Telephone Consumer Protection Act, but you must also abide by this no spam policy.
If we determine the services in question are being used in association with spam, we will re-direct, suspend, or cancel any applicable Service for a period deemed appropriate by us. The registrant or customer will be required to respond by email to us stating that they will cease to send spam and/or have spam sent on their behalf. We may require a non-refundable reactivation fee to be paid before Services are reactivated. In the event we determine the abuse has not stopped, we may terminate any and all Services associated with the domain name in question and, if we do, no refund will be available to you.
We encourage all customers and recipients of email generated from our products and services to report suspected spam. Suspected abuse can be reported by email at Abuse@Epik.com
Remedies, Liquidated Damages. You agree that we may immediately terminate any User Account which we believe, in our sole and absolute discretion, is transmitting or is otherwise connected with any spam or other unsolicited bulk email. In addition, if actual damages cannot be reasonably calculated then you agree to pay us liquidated damages in the amount of $500 per incident or $1.00 for each piece of spam or unsolicited bulk email transmitted from or otherwise connected with your User Account, whichever amount is greater.
We may, in our sole discretion, limit the volume of email messages you can deliver through our Services. We may limit email volume by queuing your email messages internally, or by temporarily rejecting requests to send email through our Services. We may block any message you attempt to submit using our Services, for any reason whatsoever, with or without notifying you of such blocking. Under no circumstances will we be liable to you or any other party for any indirect, special, economic, or consequential damages (including without limitation lost profits) arising out of email blocking or queuing.
Additional Reservation of Rights.
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any account or any Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by us in our sole and absolute discretion).
In the event that we need to exercise any of its rights expressed herein to investigate any potential breach or violation of the terms and conditions of this Agreement, service fees may continue to accrue on your accounts, and you will continue to remain responsible for the payment of any service fees that accrue during the relevant period.
Billing & Payment; Currency; Termination & Cancellation Policy.
Billing and Payment. All fees for the Services shall be in accordance with our fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the time you order the Services, unless otherwise noted. You may pay for Services by providing a valid credit or debit card or any other payment method then accepted by us (each a “Payment Method”); provided, however, that we may, at our option, require that you pay fees through a particular payment means or that you change from one payment provider to another. We are not responsible for any changes in statement descriptors made by your credit card issuer. If you choose to pay for the Services by credit card, our payment processing service provider may, at the beginning of the payment process, pre-authorize the transaction charges against your credit card. This process confirms both the validity of the credit card and the availability of sufficient funds to finalize the transaction. All prices and fees are non-refundable unless otherwise expressly noted, even if Services are suspended, terminated, or transferred prior to the end of the Services term. We expressly reserve the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site, or the relevant Site of the Service, and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
IN ORDER TO ENSURE THAT YOU DO NOT EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, MOST SERVICES OFFER AN AUTOMATIC RENEWAL OPTION. THE AUTOMATIC RENEWAL OPTION WILL ATTEMPT TO AUTOMATICALLY RENEW THE APPLICABLE SERVICE FOR A RENEWAL PERIOD EQUAL IN TIME TO THE MOST RECENT SERVICE PERIOD, EXCEPT FOR DOMAIN NAMES WHICH WILL RENEW FOR THE ORIGINAL SERVICE PERIOD. FOR EXAMPLE, FOR PRODUCTS OTHER THAN DOMAINS, IF YOUR LAST SERVICE PERIOD IS FOR ONE YEAR, YOUR RENEWAL PERIOD WILL BE FOR ONE YEAR. WITH THE AUTOMATIC RENEWAL OPTION, EPIK WILL ATTEMPT TO RENEW THE APPLICABLE SERVICE WHEN IT COMES UP FOR RENEWAL AND WILL TAKE PAYMENT FROM THE PAYMENT METHOD YOU HAVE ON FILE WITH US AT EPIK’S THEN CURRENT RATES, WHICH YOU ACKNOWLEDGE AND AGREE MAY BE HIGHER OR LOWER THAN THE RATES FOR THE ORIGINAL SERVICE PERIOD. PLEASE NOTE THAT RENEWAL DATES VARY BY SERVICE. FOR INSTANCE, SOME SERVICES MAY RENEW 30 DAYS PRIOR TO EXPIRATION AND OTHERS MAY RENEW 5 DAYS PRIOR TO EXPIRATION. YOU MAY ENABLE OR DISABLE THE AUTOMATIC RENEWAL OPTION AT ANY TIME. HOWEVER, SHOULD YOU ELECT TO DISABLE THE AUTOMATIC RENEWAL OPTION AND FAIL TO MANUALLY RENEW YOUR SERVICES BEFORE THEY EXPIRE OR IF YOUR PAYMENT METHOD CHOSEN FOR YOUR AUTOMATIC RENEWAL SHOULD FAIL, YOU MAY EXPERIENCE AN INTERRUPTION OR LOSS OF SERVICES, AND EPIK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME. EPIK RESERVES THE RIGHT TO DETERMINE WHETHER A SECOND ATTEMPT AT PAYMENT WILL BE MADE SHOULD THE CHOSEN PAYMENT METHOD FAIL.
IN ADDITION, EPIK MAY PARTICIPATE IN “RECURRING BILLING PROGRAMS” OR “ACCOUNT UPDATER SERVICES” SUPPORTED BY YOUR THIRD-PARTY BILLING PROVIDER. IF YOU ARE ENROLLED IN AN AUTOMATIC RENEWAL OPTION AND WE ARE UNABLE TO SUCCESSFULLY CHARGE YOUR EXISTING PAYMENT METHOD, YOUR CREDIT CARD PROVIDER (OR YOUR BANK) MAY NOTIFY US OF UPDATES TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, OR THEY MAY AUTOMATICALLY CHARGE YOUR NEW CREDIT CARD ON OUR BEHALF WITHOUT NOTIFICATION TO US. IN ACCORDANCE WITH RECURRING BILLING PROGRAM REQUIREMENTS, IN THE EVENT THAT WE ARE NOTIFIED OF AN UPDATE TO YOUR CREDIT CARD NUMBER AND/OR EXPIRATION DATE, EPIK WILL AUTOMATICALLY UPDATE YOUR PAYMENT PROFILE ON YOUR BEHALF. EPIK MAKES NO GUARANTEES THAT WE WILL REQUEST OR RECEIVE UPDATED CREDIT CARD INFORMATION. YOU ACKNOWLEDGE AND AGREE THAT IT IS YOUR SOLE RESPONSIBILITY TO MODIFY AND MAINTAIN YOUR ACCOUNT SETTINGS, INCLUDING BUT NOT LIMITED TO (I) SETTING YOUR RENEWAL OPTIONS AND (II) ENSURING YOUR ASSOCIATED PAYMENT METHOD(S) ARE CURRENT AND VALID. FURTHER, YOU ACKNOWLEDGE AND AGREE THAT YOUR FAILURE TO DO SO MAY RESULT IN THE INTERRUPTION OR LOSS OF SERVICES, AND EPIK SHALL NOT BE LIABLE TO YOU OR ANY THIRD PARTY REGARDING THE SAME.
If for any reason we are unable to charge your payment method for the full amount owed for the Services provided, or if we receive notification of a chargeback, reversal, payment dispute, or are charged a penalty for any fee previously charged to your payment method, you agree that we may pursue all available lawful remedies in order to obtain payment, including but not limited to, immediate cancellation, without notice to you, of any domain names or Services registered or renewed on your behalf. You also agree that all rights to and interest in and use of any Services, content, and/or products purchased through us, including all data hosted on our systems shall be assumed by us in satisfaction of any indebtedness by you to us. Our reinstatement fee is currently equal to the fee charged by the payment processor involved in the transaction reversal.
We also reserve the right to charge you reasonable “administrative fees” or “processing fees” for (i) tasks we may perform outside the normal scope of our Services, (ii) Your noncompliance with this Agreement (as determined by us in our sole and absolute discretion).
If you elected the automatic renewal option, we will automatically renew your Services when they come up for renewal and will take payment in accordance with the designated payment method at our then current rates. All purchases are processed in US dollars.
This Agreement may be terminated: (i) by you when you discontinue the use of our Services or (ii) by us at any time and for any reason as determined in our sole and absolute discretion, without prior notice.
In the event of termination or suspension of Services under the above circumstances, you agree (a) that no pre-paid fees will be refunded to you; and (b) that we may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Epik. Refunds do NOT apply to Services unless otherwise specified.
In the event of termination of this Agreement caused by your default hereunder, you shall bear all costs of termination, including any reasonable costs we incur in closing your account(s). You agree to pay any and all costs incurred by us in enforcing your compliance with this section. Upon termination, you shall destroy any copy of the materials provided to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Services at our discretion.
We provide customer support to you at no additional fee for issues related to our Services only. We have the right to decide what is a Service related issue and to charge additional fees or refuse support for non-Service related issues. We will also require, before assistance can be given, that You verify Your identity in relation to the Account in question. We will determine, in our sole and absolute discretion, what must be provided for verification purposes. You may contact Customer Support at Support@Epik.com or by calling us at +1 (737) 301-5923.
You are responsible for security of your User Account access credentials. We will not change passwords to any account. Should you need to restore access to your Account, you will need to provide us with appropriate identification, as determined by us in our sole discretion, and we will initiate a password reset process for you to complete. If you are required to supply or transmit sensitive information to us, you should take all due precautions to provide any sensitive information over a secure communication channel.
Disclaimer of Representations and Warranties.
YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT YOUR USE OF THIS SITE AND OUR SERVICES SHALL BE AT YOUR OWN RISK AND THAT SERVICES FOUND ARE PROVIDED “AS IS”, “AS AVAILABLE” AND “WITH ALL FAULTS”. EPIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS DISCLAIM ALL WARRANTIES, STATUTORY, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. EPIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS MAKE NO REPRESENTATIONS OR WARRANTIES ABOUT (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING OR OTHERWISE) TO THIS SITE, AND/OR (III) THE SERVICES FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, AND EPIK ASSUMES NO LIABILITY OR RESPONSIBILITY FOR THE SAME. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY EPIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, OR AGENTS (INCLUDING WITHOUT LIMITATION ITS SUPPORT CENTER OR CUSTOMER SERVICE REPRESENTATIVES), AND THIRD PARTY SERVICE PROVIDERS WILL (I) CONSTITUTE LEGAL OR FINANCIAL ADVICE OR (II) CREATE A WARRANTY OF ANY KIND WITH RESPECT TO THIS SITE OR THE SERVICES FOUND AT THIS SITE, AND USERS SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE.
THE FOREGOING DISCLAIMER OF REPRESENTATIONS AND WARRANTIES SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR OUR SERVICES.
Limitation of Liability; Waiver and Release.
IN NO EVENT SHALL EPIK, ITS OFFICERS, DIRECTORS, EMPLOYEES, AGENTS, AND ALL THIRD PARTY SERVICE PROVIDERS, BE LIABLE TO YOU OR ANY OTHER PERSON OR ENTITY FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING ANY THAT MAY RESULT FROM (I) THE ACCURACY, COMPLETENESS, OR CONTENT OF THIS SITE, (II) THE ACCURACY, COMPLETENESS, OR CONTENT OF ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (III) OUR SERVICES WHETHER FOUND AT THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (IV) PERSONAL INJURY OR PROPERTY DAMAGE OF ANY NATURE WHATSOEVER, (V) THIRD-PARTY CONDUCT OF ANY NATURE WHATSOEVER, (VI) ANY UNAUTHORIZED ACCESS TO OR USE OF OUR SERVERS AND/OR ANY AND ALL CONTENT, PERSONAL INFORMATION, FINANCIAL INFORMATION, OR OTHER INFORMATION AND DATA STORED THEREIN, (VII) ANY INTERRUPTION OR CESSATION OF SERVICES TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (VIII) ANY VIRUSES, WORMS, BUGS, TROJAN HORSES, OR THE LIKE, WHICH MAY BE TRANSMITTED TO OR FROM THIS SITE OR ANY SITES LINKED (THROUGH HYPERLINKS, BANNER ADVERTISING, OR OTHERWISE) TO THIS SITE, (IX) ANY USER CONTENT OR CONTENT THAT IS DEFAMATORY, HARASSING, ABUSIVE, HARMFUL TO MINORS OR ANY PROTECTED CLASS, PORNOGRAPHIC, “X-RATED”, OBSCENE, OR OTHERWISE OBJECTIONABLE, AND/OR (X) ANY LOSS OR DAMAGE OF ANY KIND INCURRED AS A RESULT OF YOUR USE OF THIS SITE OR OUR SERVICES, WHETHER BASED ON WARRANTY, CONTRACT, TORT, OR ANY OTHER LEGAL OR EQUITABLE THEORY, AND WHETHER OR NOT EPIK IS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
YOU AGREE THAT EPIK WILL NOT BE LIABLE FOR ANY (I) SUSPENSION OR LOSS OF THE SERVICES; (II) INTERRUPTION OF BUSINESS; (III) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE WEBSITE(S) PROVIDED THROUGH OR BY THE SERVICES; (IV) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD; (V) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (IV) EVENTS BEYOND THE CONTROL OF EPIK; (VII) THE PROCESSING OF YOUR APPLICATION FOR SERVICES; OR (VIII) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT ANY CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS SITE OR OUR SERVICES MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION ACCRUES, OTHERWISE SUCH CAUSE OF ACTION SHALL BE PERMANENTLY BARRED.
IN ADDITION, YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT IN NO EVENT SHALL EPIK’S TOTAL AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU IN THE PREVIOUS ONE (1) YEAR FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION.
THE FOREGOING LIMITATION OF LIABILITY SHALL APPLY TO THE FULLEST EXTENT PERMITTED BY LAW, AND SHALL SURVIVE ANY TERMINATION OR EXPIRATION OF THIS AGREEMENT OR YOUR USE OF THIS SITE OR THE SERVICES FOUND AT THIS SITE.
NO WAIVER OF ANY PROVISION OF THIS AGREEMENT SHALL BE EFFECTIVE UNLESS IT IS IN WRITING AND SIGNED BY AN AUTHORIZED REPRESENTATIVE OF EPIK.
You and all of your heirs, personal representatives, predecessors, successors, and assigns, hereby fully release, remise, and forever discharge us and all affiliates of ours, and all officers, agents, employees, and representatives of ours, and all of our heirs, personal representatives, predecessors, successors, and assigns, for, from and against any and all claims, liens, demands, causes of action, controversies, offsets, obligations, losses, damages, and liabilities of every kind and character whatsoever, including, but not limited to, any action omission, misrepresentation, or other basis of liability founded either in tort or contract and the duties arising thereunder, whether known or unknown, relating to or arising out of, or in any way connected with or resulting from, the Services and your acquisition and use thereof. Further, you agree to defend, indemnify, and hold us harmless and any of our contractors, agents, employees, officers, directors, shareholders, affiliates, and assigns from any loss, liability, damages, or expense, including reasonable attorneys’ fees, arising out of (i) any breach of any representation or warranty provided in this Agreement, or as provided by our AUP or any other agreement that has been incorporated by reference herein; (ii) the Services or your use of the Services, including without limitation infringement or dilution by you or by another using the Services from your computer; (iii) any intellectual property or other proprietary right of any person or entity; (iv) any information or data you supplied to us, including, without limitation, any misrepresentation in your application, if applicable; (v) the inclusion of metatags or other elements in any website created for you or by you via the Services; (vi) any information, material, or services available on your Epik hosted website (if any); or (vii), any negligence or willful misconduct by you, or any allegation that your account infringes a third person’s copyright, trademark, proprietary, or IP right or misappropriates a third person’s trade secrets.
This indemnification is in addition to any indemnification required of you elsewhere. Should we be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, we may seek a written confirmation from you concerning your obligation to defend, indemnify, and hold harmless Epik. Such written confirmation may include the posting of performance bonds or other guarantees. Your failure to provide such a confirmation may be considered a breach of this Agreement. You agree that we shall have the right to participate in the defense of any such claim through counsel of our own choosing. You agree to notify us of any such claim promptly in writing and to allow us to control the proceedings. You agree to cooperate fully with us during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
U.S. Export Laws.
This Site and our Services are subject to the export laws, restrictions, regulations, and administrative acts of the United States Department of Commerce, Department of Treasury Office of Foreign Assets Control (“OFAC”), State Department, and other United States authorities (collectively, “U.S. Export Laws”). Users shall not use the Services found at this Site to collect, store, or transmit any technical information or data that is controlled under U.S. Export Laws. Users shall not export or re-export, or allow the export or re-export of, the Services found at this Site in violation of any U.S. Export Laws. None of our Services may be downloaded or otherwise exported or re-exported (i) into (or to a national or resident of) any country with which the United States has embargoed trade; or (ii) to anyone on the U.S. Treasury Department’s list of Specially Designated Nationals or the U.S. Commerce Department’s Denied Persons List, or any other denied parties lists under U.S. Export Laws. By using this Site and Our Services, you agree to the foregoing and represent and warrant that you are not a national or resident of, located in, or under the control of, any restricted country; and you are not on any denied parties list; and you agree to comply with all U.S. Export Laws (including “anti-boycott”, “deemed export” and “deemed re-export” regulations). If you access this Site or our Services from other countries or jurisdictions, you do so on your own initiative and you are responsible for compliance with the local laws of that jurisdiction, if and to the extent those local laws are applicable and do not conflict with U.S. Export Laws. If such laws conflict with U.S. Export Laws, you shall not access this Site or our Services. The obligations under this section shall survive any termination or expiration of this Agreement or your use of this Site or our Services.
Compliance with Local Laws.
We make no representation or warranty that the content available on this Site or the Services we offer are appropriate in every country or jurisdiction, and access to this Site or our Services from countries or jurisdictions where its content is illegal is prohibited. Users who choose to access this Site or use our Services are responsible for compliance with all local laws, rules, and regulations.
Governing Law; Jurisdiction; Waiver of Trial By Jury.
Except as otherwise set forth in the UDRP or any similar policy with respect to any dispute regarding the Services provided under this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Wyoming.
No Third Party Beneficiary Rights.
This Agreement, including any/all supplements to it, is not intended to and shall not be construed to give any third party any interest or rights (including, without limitation, any third party beneficiary rights) with respect to or in connection with any agreement or provision contained herein or contemplated hereby.
You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or, if domain related, the domain name WhoIs information you have provided. You acknowledge that it is your responsibility to maintain current contact information in the account and/or domain name WhoIs information you have provided.
This Agreement, together with all modifications, constitutes the complete and exclusive agreement between you and us, and supersedes and governs all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
No Agency Relationship.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties hereto. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision.
Assignment and Resale.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without our prior express written consent.
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption, or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action, or request of the government, including any federal, state, and local governments having or claiming jurisdiction over Epik, or of any department, agency, commission, bureau, corporation, or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within 5 days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this section extends for a period in excess of 30 days in the aggregate, we may immediately terminate this Agreement.
If you have questions about this Agreement, please contact us by email or regular mail at the following address: