Domain Hosting Terms of Service

This Domain Hosting Agreement (“Agreement”), also known as the Terms of Service (“TOS”), is a binding contract between Sonic Bayou Hosting LLC, a Louisiana Limited Liability Company (“Company”), and the individual or legal entity purchasing the Company’s services and agreeing to these terms during the setup process (the “Order”), thereby establishing this Agreement by reference (“Customer”). This Agreement, alongside any incorporated policies, governs the Customer’s use of the Company’s web hosting and associated services.

By accepting this Agreement and continuing to use the Company’s services, the Customer agrees to comply with and be bound by these TOS, the Acceptable Use Policy (“AUP”), the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) as defined below, any applicable laws, and any rules, policies, or agreements related to specific services. Additionally, the Customer agrees to abide by any policies adopted or enforced by the Internet Corporation for Assigned Names and Numbers (“ICANN”), relevant registries, or governing authorities.

1. Services and Account Management

Subject to the terms of this Agreement, the Company agrees to provide web hosting and associated services as specified in the Order. The Company reserves the right to modify its service offerings, with notice provided according to this Agreement.

• Account Creation and Maintenance: To use our services, the Customer must create an account (“Account”). The Customer is solely responsible for maintaining accurate, current, and complete account and contact information, including for WHOIS records when applicable. The Customer represents that all provided information is accurate and, if representing a business, designates a Primary Customer Contact authorized for all account-related matters. Any instructions received from the designated Primary Customer Contact will be relied upon by the Company until written notice of an update is received.
• Account Security and Responsibilities: The Customer is responsible for safeguarding account login credentials and access information, including any sub-user accounts created. Unauthorized access to the Customer’s Account due to misuse or failure to secure credentials is solely the Customer’s responsibility. The Company may assist in restoring access at its discretion, potentially involving administrative fees. We recommend enabling additional security measures, such as 2-Factor Authentication, and specifying a recovery email to protect account access. The Customer further agrees to comply with all applicable laws in connection with the use of the Company’s services and to adhere to the Company’s Acceptable Use Policy (“AUP”), which is incorporated by reference and subject to periodic updates.
• Information Updates: The Customer must promptly update account and WHOIS contact information to keep it accurate and complete. The Company reserves the right to suspend or terminate services for failure to maintain updated information. Additionally, if information is determined to be intentionally misleading, the Company may terminate services immediately without refund.
• Domain and WHOIS Information: The Customer agrees that WHOIS data associated with domain names may be shared with ICANN, registry administrators, and other third parties as required by ICANN policies or applicable laws. The Company may publish certain domain-related information in publicly accessible WHOIS databases or disclose it as required by law.
• Access and Additional Authorized Users: The Customer may create sub-accounts or designate account managers with limited or full access to specific account features. By setting up sub-users, the Customer grants these individuals authorization to manage the account as configured. The Customer is solely responsible for any changes requested or made by sub-users, including actions that may affect service settings, billing, or account security.
• Successor Access: The Customer is responsible for ensuring that designated beneficiaries or successors have appropriate access to the account in the event of the Customer’s death or incapacity. The Company will exercise discretion in working with beneficiaries, subject to necessary privacy and security measures. However, access may be restricted or temporarily locked to ensure account integrity.

2. Term

The initial term of this Agreement (“Initial Term”) begins on the date the Company sends an email to the Customer confirming account activation (the “Service Commencement Date”) and lasts for the duration specified in the Order. Unless either the Company or the Customer provides written termination notice at least 7 days before the end of the Initial Term or any subsequent renewal period, this Agreement will automatically renew for successive terms equal in length to the Initial Term (each a “Renewal Term”). The Initial Term and any Renewal Term(s) are collectively referred to as the “Term.”

3. Payments

The Customer agrees to pay to the Company for the Order as agreed upon in the Hosting section of Appendix A of this Agreement.

3.1 Recurring Fees

Renewal notices will be emailed to the Customer seven days prior to the renewal date. For accounts with a credit card on file, the card will automatically be charged two days before the renewal date. By keeping a payment method on file and not submitting a cancellation request before the renewal date, the Customer expressly authorizes the Company to process these automatic renewal payments. If PayPal is the selected billing method, the Customer must manually submit payment each billing cycle. All payments are non-refundable, except as provided under the 30-day refund policy.

Accounts that are more than seven days past due will be made inactive. The Company reserves the right to revoke this seven-day grace period if late payments become habitual. A $10.00 late payment fee will be applied to any account made inactive due to non-payment. Additionally, any account terminated due to non-payment is subject to a $10.00 restoration fee, payable once all outstanding invoices are settled.

The term “Account” refers to all services provided to a Customer, as identified by the primary ownership email and physical address on file.

3.2 30-Day Money-Back Guarantee and Refunds

The Company offers flexible payment terms with discounts for longer billing cycles (e.g., Monthly vs Yearly). All payments are non-refundable after the first 30 days of service.

30-Day Money-Back Guarantee

New Company Customers may request a full refund within the first 30 days of service. A “new customer” is defined as someone who has never previously purchased services from the Company. Customers who purchase additional hosting packages (e.g., a 2nd or 3rd package) are not eligible for a refund on those additional packages. Refunds are limited to:

• Web Hosting
• WordPress Hosting
• Email Hosting

Refunds are not available for:

• Domain Name Registration, Domain Name Transfer, Domain Name Renewal
• Domain Name ID Protection (Whois Privacy)
• SSL Certificates
• Paid Migration Services
• WordPress Website Design Services
• Consultations

Eligibility for refunds is VOID if the Customer violates the Company’s Terms of Service, Service Agreement, or any other policies in place. Setup fees are non-refundable.

Company account credits issued to accounts are not eligible for a refund and will remain on the account for one (1) year after the last hosting account is canceled. If the service credit is not utilized within that time frame, said service credit is forfeited, and the Customer hereby agrees to release the Company from all liability for use of such service credits.

3.3 Changes to Billing Cycles and Refund Exclusions

• Billing Cycle Adjustments: If the Customer initially purchases a Yearly Plan and requests a switch to a Monthly plan within the first 30 days, any remaining balance may be refunded to the original payment method, or issued as an account credit. After the first 30 days, any billing cycle change requests will result in an account credit rather than a refund.
• Adjustment Before Renewal: Customers may adjust payment terms before the renewal date without charge, provided the renewal payment has not been processed. For cancellations of Yearly plans before renewal, the service will be pro-rated to the nearest Monthly cycle, with any remaining balance credited to the account.

3.4 Payment Issues and Chargebacks

If a chargeback is initiated or if the Company suspects an imminent chargeback, we may suspend all account access, including domain registrations. Reinstatement of services is at the Company’s discretion and may require payment of all outstanding fees, any related chargeback fees incurred and a reinstatement fee. To avoid service interruptions, contact the Company directly if you have any concerns with a charge before initiating a chargeback with your payment provider.

3.5 Credit/Debit card and your Address on File

When an order is placed using a credit or debit card, the card information will be securely stored on file, and the Customer authorizes the Company to automatically charge this card for subsequent renewals, two days before the service due date. For security, the billing address on file with the Company must match the card’s billing address. If there is a mismatch, the payment gateway will decline the transaction.

For credit cards, a declined transaction may appear as a pending charge but will not be processed. For debit cards, if the transaction is declined due to an address mismatch, the bank may temporarily withdraw the funds but will refund them back to the account. We recommend using a credit card instead of a debit card to avoid potential holds on funds.

3.6 Payments by Electronic Check (eCheck or ACH)

The Company accepts electronic check (eCheck) or ACH payments from U.S.-based banks, payable in U.S. dollars only. The Company does not accept paper checks as a form of payment. When you provide eCheck or ACH information, it is securely stored on file, authorizing the Company to automatically debit the invoiced amount every month, two days before the due date. If you wish to disable recurring payments for your ACH account, reach out to support@sonicbayouhosting.com.

It is the Customer’s responsibility to ensure sufficient funds are available in the account to cover all invoices. The Company is not liable for any fees, overdraft charges, or penalties arising from insufficient funds. The Company will attempt to process the ACH payment up to two (2) times per month; if both attempts fail, the auto-debit feature will be disabled. A $5 fee applies for each failed payment attempt, and a $35 fee applies for any chargeback associated with an ACH payment.

3.7 Taxes

At the Company’s request, the Customer shall remit to the Company any applicable sales tax, VAT, or similar taxes imposed on the provision of services, excluding income taxes owed by the Company. This obligation applies even if the Company does not collect the tax at the time the services are provided.

4. Unexpected Downtime Credit

Despite the efforts of the Company, functionality of the Customer site may decrease from time to time and may become partially or completely unavailable. In such an event, the Company will work to restore the Customer site to its normal operating functionality as rapidly as possible. If functionality of the Customer site is impaired to any degree that makes the Application materially unavailable, the duration of such unavailability shall be considered “downtime.” Subject to Section 3.1 above, upon request of Customer and validation by the Company, Customer will accrue one day of credit for each hour of downtime. The provisions of the Agreement pertaining to Force Majeure are unaffected by these terms. Additionally, Downtime caused by any of the following shall not result in any obligation by the Company to provide credit to the Customer:

1. emergency maintenance
2. scheduled maintenance
3. system or hardware upgrades
4. domain name system (DNS) problems outside of the Company’s control
5. issues with FTP, POP, IMAP, or SMTP customer access
6. Acts or omissions by the Customer or any of Customer’s employees or agents, resulting in downtime
7. Any negligence, willful misconduct, or use of the services in breach of the Company’s Terms of Service
8. Problems with users’ web browsers, DNS, or other caching that might make it appear the Services are unavailable even though others can still access the Services
9. Distributed denial of service (DDOS) attacks, hacker attacks, and other similar events

To receive credit, Customer must contact the Company with the dates and times of the Downtime within ten (10) business days after the Downtime incident. If the unavailability is confirmed by the Company, credit shall be applied within thirty (30) days of the request and reflected on the next statement.

5. Cancellation and Early Termination

The Customer acknowledges that service fees are based on their commitment to pay for the entire Initial Term or any Renewal Term, as applicable. If the Company terminates this Agreement due to the Customer’s breach under Section 5 (Termination), or if the Customer terminates the service for any reason other than a material breach by the Company under Section 5, all unpaid fees for the remainder of the Initial or Renewal Term will be due on the next business day following termination.

To avoid incurring charges for the next term, the Customer is required to submit a cancellation or downgrade request prior to the upcoming renewal date. Cancellation requests are subject to the following requirements:

• Must be submitted to the Company’s billing department.
• Must come from the primary email address on file.
• Must include the main IP address and hostname of the hosting plan to be canceled.

6. Suspension and Termination

The Company reserves the right to suspend or terminate services for violations of applicable laws, the AUP, or any policy incorporated by reference in this Agreement, with or without notice, and without liability. Services may be suspended or terminated for causes such as payment irregularities, policy violations, or any action deemed harmful to the Company’s network. The Customer may terminate this Agreement before the end of the Initial or Renewal Term if the Company materially fails to provide services as specified and does not resolve the issue within ten (10) days of receiving a written notice detailing the failure. Termination by the Customer under these terms does not relieve the Customer of any outstanding payment obligations for the Initial or Renewal Term.

Both parties may terminate this Agreement with five (5) days advance notice if the other party admits insolvency, assigns assets for creditors’ benefit, files for bankruptcy, or has a trustee or receiver appointed over significant assets.

7. Expiration and Renewal of Services

The Customer is solely responsible for monitoring expiration dates for all domain registrations and other services, as well as ensuring that payment information is accurate and up-to-date for any services set to auto-renew. The Company may, as a courtesy only, send renewal notices via email or within the Customer’s account; however, this is not guaranteed, nor is the Company liable if such notices are not received. Renewal fees must be paid using a valid credit card, account funds, PayPal, or other approved payment methods.

For services designated for auto-renewal, the Company may attempt to process renewal payments before the expiration date, but only if current billing information is available. It is the Customer’s full responsibility to maintain updated billing information to avoid service interruptions. The Company is under no obligation to contact the Customer if payment processing fails due to outdated or inaccurate billing details. Failure to maintain accurate billing information may result in the lapse or cancellation of services without further notice.

8. Bandwidth Usage

Each hosting package includes a specific monthly bandwidth allowance, which varies by package. If your account exceeds this allowance, the Company reserves the right to:

• Suspend the account until the next monthly allocation begins;
• Suspend the account until additional bandwidth is purchased at an extra fee;
• Suspend the account until you upgrade to a higher-tier package;
• Terminate the account; and/or
• Charge an additional fee for bandwidth overages.

Bandwidth overages are billed at a rate of $25 per TB. Unused bandwidth does not carry over to the following month. Exceeding the bandwidth limit within the first 30 days of service voids eligibility for the 30-day money-back guarantee, and the Customer is responsible for any overage charges.

9. Domain Services

The Company acts as a reseller for KnownHost, which means all the Company customers purchasing or transferring a domain through us are subject to KnownHost’s terms and policies. By using our domain services, you acknowledge these conditions as binding.

• Domain Registration and Renewal: Domain name registrations are effective only once confirmed by the registry administrator and apply for limited terms ending at the expiration date. You will receive a renewal notice from the Company, and it is your responsibility to renew your domain before it expires to prevent losing ownership. Domains not renewed within 25 days post-expiration may be permanently lost or auctioned. If available, expired domains may be redeemable up to 30 days post-expiration for a $125 fee.
• Domain Expiration and Forfeiture: If a payment dispute or chargeback occurs, access and rights to your domain will be immediately forfeited. To regain access, you must settle any outstanding balance and pay a $125 reinstatement fee if within the original expiration period.
• Domain Cancellation, Renewal, and Refund Policy
  • Cancellations: Domains may be canceled within three (3) days of purchase for a full refund (minus transaction fees). No refunds are issued after the three-day period. Refunds will be applied to the original payment method, less any transaction fees incurred.
  • Renewal Cancellations: Domain renewals (excluding certain automatic renewals) can be canceled within three (3) days of renewal for account credit. Domains canceled post-renewal are deleted and placed into a redemption period, requiring a restoration fee if reinstatement is desired. Refunds are not available if the domain enters a non-reversible status due to registry policies.
  • Refund Restrictions:
    • No refunds are issued for services suspended or terminated for cause, including abuse or policy violations. Refunds are also unavailable for Bitcoin purchases, premium domains, completed transfers, and marketplace or auction purchases.
    • At the Company’s discretion, refunds may be denied for accounts engaged in high-frequency cancellations (e.g., domain tasting). The Company may issue a warning before restricting refunds, but this is not guaranteed.
    • Domains transferred within 45 days of renewal may not qualify for refunds or time extensions.
  • Account Termination and Suspension: If the Company suspends or terminates services for cause under this Agreement, we may also suspend or terminate all related domains and services within your account without refund. The Company reserves the right to transfer the service to a third party if necessary.
• WHOIS Information and Privacy: You must keep accurate WHOIS and contact information for your domains. The Company provides a WHOIS privacy option that replaces your contact details with our default information; however, your responsibility to maintain accurate records remains unchanged. WHOIS privacy is unavailable for certain domain types (e.g., .us). The Company and our WHOIS privacy partners may discard postal mail and email sent to the public WHOIS address and will offer limited forwarding based on our discretion. We may release your information or suspend the WHOIS privacy service in cases of Agreement breaches, court orders, UDRP actions, or if continued service may result in liability for the Company or its affiliates.
• Domain Disputes and Legal Orders: The Company complies with UDRP decisions, court orders, and actions initiated by relevant authorities. If you contest a UDRP decision, you are responsible for following UDRP procedures within the specified time frame. The Company may, but is not obligated to, place a transfer lock pending dispute outcomes.
• Dispute Resolution Policy: The Customer agrees to be bound by all ICANN consensus policies and policies of relevant registries, including but not limited to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), available at ICANN UDRP Rules and ICANN UDRP Policy, along with any UDRP Rules and Supplemental Rules of UDRP providers. ICANN or its successor may modify the UDRP at any time. If a third party challenges your domain registration, you are subject to the UDRP provisions in effect at the time of the dispute. In such cases, you agree to indemnify and hold the Company harmless in accordance with UDRP terms. Should your domain become the subject of litigation, the Company may transfer control of your domain record to the relevant judicial authority by providing a registrar certificate, thereby placing it under judicial jurisdiction.
• Transfers: Domain transfers are governed by ICANN’s transfer policy and the UDRP as referenced in this Agreement. To transfer your domain, log in to your Account to lock/unlock your domain or obtain the EPP “AuthCode” required by EPP registries (e.g., .org). Only the registrant and administrative contacts in WHOIS may approve or deny transfer requests. Transfers are restricted within 60 days of initial registration, a prior transfer, unresolved disputes over domain ownership, bankruptcy, or unpaid fees. The Company follows ICANN procedures for both gaining and losing registrars. Transfers initiated close to the expiration date may fail if services expire before the process completes. If transfer requests are canceled, a refund (minus fees) will be issued if canceled within 59 days. The Company reserves the right to expedite outbound transfers upon approval and to approve transfers anytime during the process. Certain transfers may not qualify for a 1-year extension typically provided on completion. Domains recently renewed or already registered for more than nine years may not receive an additional year due to registry limitations.
• Services Provided at Will; Termination or Suspension of Services: The Company reserves the right to reject your domain registration application or discontinue providing services for any reason within 30 days of initiating or renewing a service. By using the Company’s services, you acknowledge and agree that violations of these terms may result in immediate suspension or termination of services. Beyond this period, the Company may terminate or suspend services at any time for cause, including but not limited to the following reasons:
  • Prohibited Domain Names: Registration of domain names that violate applicable laws or the Company’s policies.
  • Service Abuse: Engaging in activities that abuse the services provided.
  • Payment Issues: Any irregularities or unresolved issues with payment.
  • Illegal Conduct: Involvement in unlawful activities or content.
  • Inaccurate Information: Failure to maintain accurate and up-to-date account or WHOIS information.
  • Non-Response: Failure to respond to the Company inquiries within three (3) calendar days or payment inquiries within 24 hours.
  • Third-Party Rights Violations: Involvement in activities that infringe upon third-party rights or violate acceptable use policies, including but not limited to spam transmission, copyright infringement, or distribution of malware.
  • Compliance with Legal or Regulatory Requirements: To comply with applicable court orders, laws, government regulations, law enforcement requests, or dispute resolution processes.
  • Risk Management: To avoid potential civil or criminal liability for the Company, its affiliates, subsidiaries, officers, directors, and employees.
  • DNS Integrity and Security: To protect the stability and security of the Domain Name System (DNS).
  • Prohibited domain names and activities include, but are not limited to:
    • Domains and websites prohibited by U.S. laws or laws of other jurisdictions where business is conducted.
    • Domains and websites promoting illegal activities, such as hate crimes, terrorism, or child exploitation.
    • Domains and websites that invade third-party privacy or encourage tortious conduct.
    • Domains and websites targeting or exploiting minors unethically or unlawfully.
    • Domains and websites transmitting unsolicited emails (spam).
    • Domains and websites generating unauthorized, repetitive, high-volume inquiries into services by the Company or third parties.
    • Domains and websites infringing on copyright and/or trademark rights.
    • Domains transferred without prior authorization from the previous registrant.
• Indemnification and Liability: You agree to indemnify and hold the Company, ICANN, and registry operators harmless from any claims related to your domain registrations, WHOIS privacy usage, or alleged violations of third-party rights. We disclaim liability for losses or damages arising from your use of domain services or WHOIS privacy, and our obligations to forward communications are provided on a best-effort basis only.

10. Backup Copy

The Company strongly recommends that all customers maintain up-to-date, off-site backups of their data for disaster recovery purposes. While the Company may offer complementary backup services for certain product lines, the Customer is ultimately responsible for ensuring their data is backed up. The Company does not guarantee the availability, integrity, or functionality of any backups.

Backup Exclusions

To preserve server performance and backup functionality, certain file types are excluded from the Company’s backup services. Excluded files may include, but are not limited to:

• Local cPanel or Softaculous backups stored on the server.
• Temporary backup files and temporary cache files or folders generated by CMS systems or plugins.
• Large error logs or log files not essential to website functionality.
• Redundant backup logs and any files deemed non-essential for core website operations.

Customers should regularly download and store essential backups locally, as the Company does not guarantee preservation of these excluded files in its automated backups.

All backups provided by the Company are intended as a courtesy for disaster recovery purposes only. The Company disclaims any warranty for the availability, integrity, content, or operability of these backups.

11. Request for Full Rebuild or Data Restoration

During any service term, the Customer may request up to two free full rebuilds related to control panel changes and one free full rebuild or data restoration for any other reason. Additional full rebuilds or data restorations beyond these allowances will incur a one-time fee of $10.00 per request.

Partial data recovery may be offered at the Company’s discretion for a fee of $20.00 per request.

12. Indemnification

The Customer agrees to indemnify and hold harmless the Company, its affiliates, and each of their respective officers, directors, agents, and employees from any and all claims, demands, liabilities, obligations, losses, damages, penalties, fines, punitive damages, interest, expenses, and disbursements of any kind (including reasonable attorneys’ fees) arising from or related to the use or alleged use of the Customer’s services in violation of applicable law or the AUP. This indemnification applies to claims brought by any third party and covers any actions by persons using the Customer’s login information, whether or not such use was authorized by the Customer.

13. Disclaimer of Warranties

THE COMPANY MAKES NO WARRANTY OR REPRESENTATION THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, OR COMPLETELY SECURE. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, the Company DISCLAIMS ALL WARRANTIES, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. ALL SERVICES ARE PROVIDED ON AN “AS IS” BASIS, SUBJECT TO APPLICABLE LAW.

14. Limitation of Damages

NEITHER PARTY SHALL BE LIABLE TO THE OTHER FOR ANY LOST PROFITS OR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, OR PUNITIVE DAMAGES OF ANY KIND, OR FOR DAMAGES THAT COULD HAVE BEEN AVOIDED WITH REASONABLE DILIGENCE, ARISING IN CONNECTION WITH THIS AGREEMENT, EVEN IF THE PARTY HAS BEEN ADVISED OF OR SHOULD BE AWARE OF THE POSSIBILITY OF SUCH DAMAGES.

NOTWITHSTANDING ANYTHING ELSE IN THIS AGREEMENT, THE MAXIMUM AGGREGATE LIABILITY OF THE COMPANY AND ITS EMPLOYEES, AGENTS, OR AFFILIATES UNDER ANY LEGAL THEORY (INCLUDING BREACH OF CONTRACT, TORT, STRICT LIABILITY, OR INFRINGEMENT) SHALL NOT EXCEED THE AMOUNT PAYABLE BY THE CUSTOMER FOR ONE MONTH OF SERVICE.

IF ANY LAWSUIT, ARBITRATION, OR OTHER LEGAL PROCEEDING ARISES IN CONNECTION WITH THE INTERPRETATION OR ENFORCEMENT OF THIS AGREEMENT, the Company, LLC SHALL BE ENTITLED TO RECOVER FROM THE OTHER PARTY ALL REASONABLE COSTS AND EXPENSES INCURRED, INCLUDING ATTORNEYS’ FEES, BOTH IN PREPARATION AND ON APPEAL, WHICH SHALL BE INCLUDED IN ANY JUDGMENT OR AWARD.

15. Requests for Customer Information

The Customer agrees that the Company may, without prior notice, (i) report to relevant authorities any conduct by the Customer or their end users that the Company reasonably believes violates applicable law, and (ii) provide information about the Customer or their end users in response to a formal or informal request from law enforcement or regulatory agencies, or in response to a civil action request that meets applicable legal requirements.

16. Notices

Notices to the Company under this Agreement must be sent via email to billing@sonicbayouhosting.com or submitted through our online ticketing system. All notices, including support and billing requests, must come from the registered email address on file for the Customer’s account.

Notices to the Customer will be sent to the email address listed as the Primary Contact on the Customer’s account. It is the Customer’s responsibility to ensure that all contact information is accurate and kept up to date. Notices are considered received on the day they are transmitted, or, if sent on a non-business day, on the next business day.

The Customer may update their contact information by providing notice in accordance with this section.

17. Force Majeure

The Company will not be considered in default of any obligation under this Agreement if its failure to perform is due to events beyond its control. Such events include, but are not limited to, significant power grid failures, major internet disruptions, natural disasters, war, riots, insurrections, epidemics, strikes or other organized labor actions, terrorist activities, or any other events of a scale or nature for which industry-standard precautions are insufficient.

18. Binding Arbitration

As a Customer of the Company, you agree to submit to binding arbitration for any controversy or claim arising out of or related to this Agreement, including alleged breaches. Such disputes shall be settled by arbitration administered by the American Arbitration Association (AAA) in accordance with its Commercial Arbitration Rules, and any award rendered by the arbitrator(s) may be entered in any court with jurisdiction.

The location of the arbitration will be determined by the Company at the time of the dispute. No arbitration demand may be made after the expiration of the applicable statute of limitations for legal or equitable proceedings related to the claim or dispute.

The arbitrator is not authorized to award punitive or other damages beyond the prevailing party’s actual damages. Each party will bear its own costs, fees, and expenses associated with the arbitration.

19. CHANGES TO THIS AGREEMENT

This Agreement may be updated from time to time to reflect changes in our services, policies mandated by ICANN, or new applicable laws. For any material changes, we will notify you via email to your address on file or by posting the updated terms on our website. If you do not agree with the changes, your options are to (a) discontinue use of the affected services, (b) transfer your domain registrations to another provider, or (c) cancel any remaining services with us. By continuing to use any of our services after receiving notice, you accept these updated terms. Unless specified otherwise, changes take effect: (1) 30 days after notice or (2) immediately if required by ICANN or applicable law.

20. Miscellaneous

Each party retains exclusive ownership of its trademarks, service marks, trade secrets, inventions, copyrights, and other intellectual property. Neither party may use the other’s name or trademarks without prior written consent. The relationship between the parties is that of independent contractors, not a partnership, joint venture, or employer/employee. Neither party is an agent for the other, nor has authority to bind the other to any agreement.

This Agreement may only be amended through a formal, written agreement signed by both parties. Terms on the Customer’s purchase order or other forms are not binding on the Company unless expressly included in a signed agreement. Failure or delay by either party in enforcing any provision of the Agreement does not constitute a waiver of rights under that provision or any others. Waivers of rights apply only to the specific occurrence and do not extend to similar future events.

The section titles in this Agreement are for convenience only and are not part of the Agreement itself. Provisions regarding fees, indemnity, liability limits, warranties, intellectual property, and any other provisions intended to survive termination will remain in effect after the Agreement expires or is terminated. This Agreement creates no third-party beneficiaries, and neither insurers nor customers of resellers are intended beneficiaries.

The Customer may not assign this Agreement without the Company’s prior written consent. The Company’s approval is contingent on the assignee meeting the Company’s credit requirements. The Company reserves the right to assign this Agreement, in whole or in part.

This Agreement, along with the Order and AUP, constitutes the complete and exclusive agreement between the parties regarding its subject matter and supersedes any prior or concurrent agreements, oral or written.