This is an Agreement between You and BEssential, LLC ("BEssential"), the company that provides domain registration and other services via the website at http://www.domains.bessential.com. We've tried really hard to keep this Agreement as readable and straightforward as possible. If you have suggestions that can help us improve it, please let us know. This Agreement explains our obligations to you, and your obligations to us. Combined with the Third-Party Terms identified below, this Agreement is the entire Agreement between us.
Your use of the services provided by BEssential serves as your consent to the terms of this Agreement. BEssential will update this Agreement from time to time, usually to reflect new obligations and policies arising from the introduction of new services. It might also be updated to modify or clarify existing obligations and policies. You should visit this page from time to time to review any changes. We may notify you if this Agreement changes, or we may not. Any notification of any changes would be purely a courtesy and are not required by this Agreement.
The Term of this Agreement is twelve (12) months. When you renew your services with us, this Agreement will be renewed for additional 12 month periods, coincident with the term of your services. On the day prior to the renewal date of your domain name or email services (or both), we will attempt to renew your services for an additional year. If our renewal is successful, this Agreement will be extended for an additional 12 months. Renewal fees are non-refundable.
Maintaining accurate and current billing information is a mandatory condition of maintaining your BEssential account. If you do not maintain current credit card information in your BEssential account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party or hold the registration in the name of a third-party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through BEssential on behalf of Tucows using your BEssential account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met, even if you have registered a domain name in the name of a third-party. BEssential needs to be able to contact you easily and quickly. You are responsible for ensuring that BEssential has accurate and current contact and billing information for you, including your full and real name, postal address, e-mail address, and voice and facsimile telephone numbers. You also must provide similar accurate and current contact information for all contacts in each field of your domain name registration record. Similarly, if you need to reach BEssential, you may contact us at;
BEssential, a Registration Service Provider of Tucows
P.O. Box 86928-6928 Tucson, Arizona USA (Attention: Office of the General Manager)
Your right and title to your domain name is for a finite period of time, measured by the term of your registration. If you do not pay your fees within thirty (30) days of the due date, we will close your account and terminate this Agreement. If your account is closed for non-payment, right and title to any domain name previously in your account will transfer to BEssential and a cancellation surcharge of $175 per domain name cancelled plus applicable renewal fees may be levied on your account.
It may be possible to recover a domain name after it has expired. Renewal of a domain name after its expiry is subject to a Redemption Recovery fee of $175 plus any applicable renewal fees and taxes. It may not always be possible to renew a domain name after its expiry and Tucows has the sole and final word in determining when a domain name can be renewed post-expiry and what fees will be applicable.If you forfeit a domain name for non-payment, Tucows will have the right, in its sole discretion, to (a) register and use the domain name for its own purposes; (b) sell or transfer the domain name to a third-party; or (c) delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that BEssential may charge the credit card you have on file with BEssential to recover any amounts outstanding on your account.
You may end this Agreement at any time and for any reason by cancelling your BEssential services. You may cancel your account by cancelling all of your services, which will cause this Agreement to terminate and Tucows will delete your account. BEssential can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If BEssential terminates this Agreement, BEssential will provide you with written notice, either via postal service, or email. BEssential may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your domain name to another registrar.
BEssential is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") and many domain name registries to register domain names on your behalf only on the condition that BEssential requires you to agree to certain additional terms, conditions and fees. These additional terms, conditions, and fees are listed in the "BEssential Registrant Agreement - Exhibit A” (“Third-Party Terms”) and are not nearly as easy to read as this Agreement. We are sorry for that. The Third-Party terms are part of this Agreement, and you are bound by them just as if they were included here. In the event that this Agreement is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.
Sometimes domain name registrations become the subject of a legal challenge. If BEssential is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of BEssential’ costs and legal fees and to indemnify and hold BEssential harmless from any action. If BEssential is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, BEssential may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
We reserve the right to limit quantities purchased to normal retail purchases. From time to time we may limit the number of domain names, email addresses and other services you may purchase from us at the published price. You agree that we may do so in our sole discretion and that our decision concerning any limitations is solely ours.
This Agreement is governed by and will be enforced in accord with the laws of the Pima County in Arizona and the federal laws of Arizona, in the United States of America. Any action brought against BEssential arising out of or relating to this Agreement must be brought in the courts of Tucson, Arizona, and you consent to the exclusive jurisdiction of such courts.
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid us. BEssential and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service 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. We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.