The Blue Flamingo Creative

Web Hosting – Terms of Service (TOS)

These Terms of Service (the “Agreement”) set forth the terms and conditions of Your Use of hosting and related services (“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” refer to Blue Flamingo Creative. This Agreement explains Our obligations to You, and explains Your obligations to Us for the various services or products offered by Blue Flamingo Creative (“Services”). When You use Your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel Your Services (even if We were not notified of such authorization), You signify Your agreement to the terms and conditions contained in this Agreement.

  1. Term of Agreement; Modification
    You agree that Blue Flamingo Creative may modify this Agreement and the Services it offers to You from time to time. You agree to be bound by any changes Blue Flamingo Creative may reasonably make to this Agreement when such changes are made. If You have purchased Services from Blue Flamingo Creative, the terms and conditions of this Agreement shall continue in full force and effect as long as You take advantage of and use the Services. By continuing to use the Services after any revision to this Agreement or change in services, you agree to abide by and be bound by any such revisions or changes.
  2. Accurate Information
    You agree to maintain accurate information by providing updates to Blue Flamingo Creative, as needed, while You are using the Services. You agree You will notify Blue Flamingo Creative within five (5) business days when any change of the information You provided as part of the application and/or registration process changes. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by Blue Flamingo Creative to determine the validity of information provided by You will constitute a material breach of this Agreement. If You provide any information that is inaccurate, not current, false, misleading or incomplete, or if Blue Flamingo Creative has reasonable grounds to suspect that Your information is inaccurate, not current, false, misleading or incomplete, Blue Flamingo Creative has the absolute right, in its sole discretion, to terminate its Services and close Your account.
  3. Privacy
    Blue Flamingo Creative’s Privacy Policy, which is incorporated herein by reference, is applicable to all Services. The Privacy Policy sets out Your rights and Blue Flamingo Creative’s responsibilities with regard to Your personal information. Blue Flamingo Creative will not use Your information in any way inconsistent with the purposes and limitations provided in the Privacy Policy. You agree that Blue Flamingo Creative, in its sole discretion, may modify the Privacy Policy, and You further agree that, by using the Services after such modifications become effective, You have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. Blue Flamingo Creative will not refund any fees paid by You if You terminate your Agreement under this provision. You represent and warrant that You have provided notice to, and obtained consent from, any third party individuals whose personal data You supply to Blue Flamingo Creative as part of the Services with regard to: (i) the purposes for which such third party’s personal data has been collected; (ii) the intended recipients or categories of recipients of the third party’s personal data; (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data You supply to Blue Flamingo Creative in the future. Blue Flamingo Creative is not responsible for any consequences resulting from Your failure to provide notice or receive consent from such individuals nor for Your providing outdated, incomplete or inaccurate data.
  4. Accepted Use Policy
    Blue Flamingo Creative’s Accepted Use Policy (“AUP”), which is incorporated herein by reference, is applicable to all Services. You should use all Services for lawful purposes only. You agree to maintain Your website in full compliance with the terms and conditions set forth in the AUP. By using any Services, You agree:

    • not to violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government.
    • not to transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing.
    • not to make any illegal communication to any Newsgroup, Mailing List, Chat Facility, or another Internet Forum.
    • not to make, attempt or allow any unauthorized access to Blue Flamingo Creative website, servers, your own hosting account or the account of any other customers of Blue Flamingo Creative.
    • not to allow any remote code execution of malicious software through the hosting account provided by Blue Flamingo Creative.
    • not to cause denial of service attacks, port scans or other endangering and invasive procedures against Blue Flamingo Creative servers and facilities or the servers and facilities of other network hosts or Internet users.
    • not to forge the signature or other identifying mark or code of any other person or engage in any activity to attempt to deceive other persons regarding the true identity of the User.
    • not to use Blue Flamingo Creative services to host any website, other content, links or advertisements of websites that: infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third party information; contain nudity, pornography or other content deemed adult related; profess hatred for particular social, ethnical, religious or other group; contain viruses, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property; contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software; violent or encouraging violence.
    • not to upload unacceptable material which includes: IRC bots, warez, image, file storage, mirror, or banner-ad services, topsites, streaming, Escrow, High-Yield Interest Programs (HYIP) or related sites, investment sites (FOREX, E-Gold Exchange, etc), bitcoin miners, sale of any controlled substances without providing proof of appropriate permit(s) in advance, AutoSurf sites, Bank Debentures, Bank Debenture Trading Programs, Prime Banks Programs, lottery sites, muds / rpg’s, hate sites, hacking focused sites/archives/programs, or sites promoting illegal activities, IP Scanners, Brute Force Programs, Mail Bombers and Spam Scripts.
    • not to engage in or to instigate actions that cause harm to Blue Flamingo Creative or other customers. Such actions include, but are not limited to, actions resulting in blacklisting any of Our IPs by the any online spam database, actions resulting in DDOS attacks for any servers, etc. Blue Flamingo Creative reserves the right to refuse service to anyone upon Our discretion. Any material that in Blue Flamingo Creative judgment, is either obscene or threatening is strictly prohibited and will be removed from Blue Flamingo Creative servers immediately with or without prior notice and may lead to possible warning, suspension or immediate account termination with no refund. You agree that We have the sole right to decide what constitutes a violation of the acceptable policy use described above as well as what is the appropriate severity of any corrective action to be applied. In the event that a violation of Our Acceptable Use Policy is found, Blue Flamingo Creative will take corrective action upon our own discretion and will notify You. Blue Flamingo Creative decision in such case is binding and final, and cannot be a subject of a further change. Blue Flamingo Creative cannot and shall not be liable for any loss or damage arising from Our measures against actions causing harm to Blue Flamingo Creative or any other third party. We have the right to terminate each and any hosting account that has been suspended for any reason for more than 14 calendar days after the suspension date, unless You has taken corrective measures to remove the initial suspension threat or violation. Any backup copies of the hosting account will be permanently deleted upon termination and no refund will be due. Blue Flamingo Creative will not be liable for any loss or damages in such cases.
    • not to violate 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.
  5. At its discretion, Blue Flamingo Creative reserves the right to investigate the use of its services for violations of its policies. This includes all hosting packages and services. Blue Flamingo Creative further reserves the right to remove any content we determine to be prohibited by this agreement or our Terms and Conditions. No backups will be kept of removed content.
  6. Storage and Security
    At all times, You shall bear full risk of loss and damage to Your server and all of Your server content. You are entirely responsible for maintaining the confidentiality of Your password and account information. You acknowledge and agree that You are solely responsible for all acts, omissions and use under and charges incurred with Your account or password or in connection with the server or any of Your server content displayed, linked, transmitted through or stored on the server. You shall be solely responsible for undertaking measures to: (i) prevent any loss or damage to Your server content; (ii) maintain independent archival and backup copies of Your server content; (iii) ensure the security, confidentiality and integrity of Your server content transmitted through or stored on Blue Flamingo Creative servers; and (iv) ensure the confidentiality of Your password. Blue Flamingo Creative services are not intended to be used for data backup or archiving purposes. Using an account as an online storage space for archiving electronic files is prohibited and will result in termination of hosting services without prior notice. We reserve the right to delete Your archives if they affect Our overall server performance and Blue Flamingo Creative shall have no liability to You or any other person for loss, damage or destruction of any of Your content. The services offered by Blue Flamingo Creative are not intended to provide a PCI (Payment Card Industry) compliant environment and therefore should not be utilized as such without further compliance activity. Blue Flamingo Creative shall have no liability to You or any other person for Your use of Blue Flamingo Creative products and/or services in violation of these terms.
  7. Ownership
    Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Services identified herein (“IP rights”) are owned by Blue Flamingo Creative or its third party partners, and you agree to make no claim of interest in or ownership of any such IP rights. You acknowledge that no title to the IP rights is transferred to you, and that You do not obtain any rights, express or implied, in the Services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Blue Flamingo Creative and all right, title and interest in and to each such Derivative Work shall automatically vest in Blue Flamingo Creative. Blue Flamingo Creative shall have no obligation to grant You any right in any such Derivative Work.
  8. Third-Party Software
    Blue Flamingo Creative provides some third-party software to You for easier account management including, but is not limited to cPanel, etc. Such software is provided on an “as is” as available basis. We do not guarantee that any specific results can be obtained by using such software. Blue Flamingo Creative does not take responsibility for any faults in such software functioning.
    By using Blue Flamingo Creative Services that include such third-party software, you specifically agree to the relevant third-party terms of service and that You shall use the services in accordance with such terms. The following are examples of where you attest that You agree to third-party software terms. The examples are not exhaustive. If You order cPanel to use for Your hosting services, Your order constitutes explicit agreement with cPanel’s terms and You authorize Blue Flamingo Creative to agree to such terms on Your behalf. The terms of service for cPanel may be found here
    You can add and use third-party software on Your account only if it is compatible with Our servers and is approved by Blue Flamingo Creative. Your use of any third party software is at Your own risk. Blue Flamingo Creative does not control and therefore cannot be responsible for any third party software performance and provides no guarantees that its use will result in any particular outcome or result. Blue Flamingo Creative will have no liability or responsibility for any damage, loss of data, loss of use or other loss occurring in connection with Your use of third party software or products. Blue Flamingo Creative reserves the right, at its sole discretion, to terminate, suspend, cancel or alter Your access to third-party software at any time.
    You are solely responsible for any license and other fees required by the software providers, for using any third-party software installed on Your account apart from the initial account setup.
  9. Third-Party Content
    If You elect to sell or resell advertising or web space to a third party then You will be responsible for the contents of that advertising and the actions of that third party. Blue Flamingo Creative has the absolute right to reject any advertising or other third party content that is illegal, offensive or otherwise in breach of the then current Blue Flamingo Creative policy or agreement. Such content may result in the suspension or in the immediate termination of Your account. You are responsible for monitoring all service renewals and orders. In the event that an error occurs the account holder must notify Blue Flamingo Creative immediately of the error. In no event shall Blue Flamingo Creative be liable to the Account Holder for any damages resulting from or related to any failure or delay of domain registration, transfer or renewal.
  10. Billing and Payment
    All fees for the Services shall be in accordance with Blue Flamingo Creative’s fee schedule then in effect, the terms of which are incorporated herein by reference, and shall be due at the times provided therein. Fees for renewal periods after the Initial Term shall be due and owing immediately upon the first day of such renewal period. Blue Flamingo Creative may impose a debt service charge equal to ten percent (10%) of the overdue balance for each month or fraction thereof the overdue amount remains unpaid. If You signed up for a monthly payment plan, Your monthly billing date will be determined based on the day of the month You purchased the products or Services. If You signed up for an annual (or longer) payment plan, and You elected the automatic renewal option, Blue Flamingo Creative will automatically renew Your Services when they come up for renewal and will take payment in accordance with the designated payment method at Blue Flamingo Creative’s then current rates.
    If you improperly charge back for web hosting services rendered, we may disable the ability to transfer any other your Blue Flamingo Creative services away from Blue Flamingo Creative.
  11. Termination & Cancellation Policy
    The initial term of Your agreement with Blue Flamingo Creative shall be as set forth in Your Order Form. The Initial Term shall begin upon commencement of the Services in the Order Form. After the Initial Term, your agreement with Blue Flamingo Creative shall automatically renew for successive terms of equal length as the Initial Term, unless terminated or cancelled by either party as provided in this section.
    This agreement may be terminated: (i) by You by submitting a helpdesk ticket under Billing Issues category at least three (3) working days before the account is due to renew; or (ii) by Blue Flamingo Creative at any time, without prior notice, if, in Blue Flamingo Creative’s judgment, You are in violation of any terms or conditions herein; or (iii) in Blue Flamingo Creative’s sole judgment, Your use of the Services places or is likely to place unreasonable demands upon Blue Flamingo Creative or could disrupt Blue Flamingo Creative’s business operations; or (iv) by Blue Flamingo Creative if it so determines that You are or are alleged to be violating the terms and conditions of any other agreement entered into by You and either Blue Flamingo Creative or Blue Flamingo Creative.
    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 Blue Flamingo Creative may take control of any domain name associated with the terminated Services, provided such domain name was registered through the domain name registration of Blue Flamingo Creative.
  12. Customer Support
    Blue Flamingo Creative provides customer support to You at no additional fee for issues related to Blue Flamingo Creative service only. Blue Flamingo Creative has the right to decide what is a service related issue and to charge additional fees or refuse support for non-service related issues. Any fees paid by You for providing non-service related support are non-refundable.
    You are solely liable for performing and storing a back-up copy of your data, files and hosting account prior to requesting customer support and agreeing to any interference or operation, provided by Blue Flamingo Creative. In the event You are not satisfied with the outcome of any action You shall be solely responsible for restoring the back-up copies of Your data. 
  13. Legal Purposes
    The web hosting account and/or related electronic services can only be used for legal purposes under all applicable international, federal, provincial, and municipal laws. The intent of Blue Flamingo Creative is to provide space to serve web documents, not as an off-site storage area for electronic files and is governed by the AUP. Violations of the AUP or any other provisions of this Agreement may result in termination of the Services provided by Blue Flamingo Creative, with or without the grant of a notice or cure period, such notice or cure period to be granted at the sole discretion of Blue Flamingo Creative based upon the severity of the violation. Blue Flamingo Creative reserves the right to refuse Service if any of the content within, or any links from, the Your website is deemed illegal, misleading, or obscene, or is otherwise in breach of Blue Flamingo Creative ‘s AUP, in the sole and absolute opinion of Blue Flamingo Creative. You agree that Blue Flamingo Creative shall not be liable to you for loss or damages that may result from its refusal to host your website or provided the Services under this Agreement.
  14. Account Use
    You agree to follow generally accepted rules of “Netiquette” when sending e-mail messages or posting to newsgroups. You are responsible for security of Your password. Blue Flamingo Creative will not change passwords to any account without proof of identification, which is satisfactory to Blue Flamingo Creative, which may include written authorization with signature. In the event of any partnership break-up, divorce or other legal problems that includes You, You understand that Blue Flamingo Creative will remain neutral and may put the account on hold until the situation has been resolved. Under no circumstances will Blue Flamingo Creative be liable for any losses incurred by You during this time of determination of ownership, or otherwise. You agree to defend (through counsel of Our choosing), indemnify and hold harmless Blue Flamingo Creative from any and all claims arising from such ownership disputes. If you are required to supply or transmit sensitive information to Blue Flamingo Creative you should take all due precautions to provide any sensitive information over a secure communication channel.
  15. Currency
    While all purchases are processed in US dollars, Blue Flamingo Creative may provide an estimated conversion price to currencies other than US dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimate. Due to potential slight time delays between actual purchase and the payment settlement, the actual price charged may fluctuate. Accordingly, Blue Flamingo Creative makes no representations or warranties that the actual price will be the same or substantially similar to the actual price You will pay and You waive any and all claims based upon any discrepancy between the estimate and the actual price. In addition, You may be charged VAT, based on the country indicated in Your billing address section. Any amounts to be charged will appear during the checkout process.
  16. Limitation of Liability; Waiver and Release
    The Services offered by Blue Flamingo Creative are being provided on an “AS IS” and Blue Flamingo Creative expressly disclaims any and all warranties, whether express or implied, including without limitation any implied warranties of merchantability or fitness for a particular purpose and non-infringment, to the fullest extent permitted or authorized by law. Without limitation of the foregoing, Blue Flamingo Creative expressly does not warrant that the Blue Flamingo Creative Services will meet Your requirements, function as intended, or that the use of the provided Services will be uninterrupted or error free. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of the 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. No advice or information, whether oral or written, obtained by you from Blue Flamingo Creative shall create any warranty not expressly made herein. You agree that Blue Flamingo Creative will not be liable for any (i) suspension or loss of the Services, except to the limited extent that a remedy is provided under this Agreement; (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; (vi) events beyond the control of Blue Flamingo Creative; (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 no event shall Blue Flamingo Creative be liable for any or all direct, indirect, incidental, special, exemplary or consequential damages (including, but not limited to, procurement of substitute goods or services; loss of use, data, or profits; or business interruption) however caused and on any theory of liability, whether in contract, strict liability, or tort (including, but not limited to, negligence or otherwise) arising in any way out of the use of the Services, even if Blue Flamingo Creative is aware of or has been advised of the possibility of such damages.
    In addition, You specifically acknowledge and agree that any cause of action arising out of or related to Blue Flamingo Creative or the Services provided by Blue Flamingo Creative 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 Blue Flamingo Creative’s total aggregate liability exceed the total amount paid by You for the particular Services that are the subject of the cause of action.
    The foregoing limitations shall apply to the fullest extent permitted by law, and shall survive any termination or expiration of these Terms of Service or Your use of Blue Flamingo Creative or its Services offered.
    No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Blue Flamingo Creative.
  17. Indemnification
    Accordingly, You for Yourself and all of Your heirs, personal representatives, predecessors, successors and assigns, hereby fully release, remise, and forever discharge Blue Flamingo Creative and all affiliates of Blue Flamingo Creative, and all officers, agents, employees, and representatives of Blue Flamingo Creative, and all of their 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, including, but not limited to, the provision of the Blue Flamingo Creative products and/or services by Blue Flamingo Creative and its agents and employees. Further, You agree to defend, indemnify and hold harmless Blue Flamingo Creative and any of its 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 Blue Flamingo Creative’s 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 Blue Flamingo Creative, 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 Blue Flamingo Creative Hosted website; or (vii), any negligence or willful misconduct by You, or any allegation that Your account infringes a third person’s copyright, trademark or proprietary or intellectual property right, or misappropriates a third person’s trade secrets.
    This indemnification is in addition to any indemnification required of You elsewhere. Should Blue Flamingo Creative be notified of a pending law suit, or receive notice of the filing of a law suit, Blue Flamingo Creative may seek a written confirmation from You concerning Your obligation to defend, indemnify Blue Flamingo Creative. 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 Blue Flamingo Creative shall have the right to participate in the defense of any such claim through counsel of its own choosing. You agree to notify Blue Flamingo Creative of any such claim promptly in writing and to allow Blue Flamingo Creative to control the proceedings. You agree to cooperate fully with Blue Flamingo Creative during such proceedings. The terms of this section will survive any termination or cancellation of this Agreement.
  18. Trademark or Copyright Claims
    Blue Flamingo Creative is a service provider and respects the copyrights and other intellectual property rights of others [and herein incorporates its Copyright Infringement Policy]. To the extent Blue Flamingo Creative receives a proper notice of infringement of copyright, trademark or other intellectual property, Blue Flamingo Creative reserves 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 Blue Flamingo Creative believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
    Blue Flamingo Creative expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Blue Flamingo Creative also reserve the right to terminate an account or subscriber for even one instance of infringement.
    Proper notice of infringement shall include the following information in writing to Blue Flamingo Creative’s designated agent:

    • the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
    • identification of the work that has been infringed;
    • an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Blue Flamingo Creative to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Blue Flamingo Creative to locate that reference or link;
    • Your name, address, telephone number, and email address;
    • a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
    • a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
  19. Notice of infringement must be sent to Blue Flamingo Creative’s designated agent to receive notification of claimed infringement as follows: Attn: Legal Department, Blue Flamingo Creative, 4600 East Washington Street, Suite 305, Phoenix, AZ 85034, facsimile: (310)-312-9513.
  20. Additional Reservation of Rights
    Blue Flamingo Creative expressly reserves 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 Blue Flamingo Creative in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Blue Flamingo Creative in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Blue Flamingo Creative, its officers, directors, employees and agents, as well as Blue Flamingo Creative’s affiliates.
    In the event that Blue Flamingo Creative need 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.
  21. Governing Law and Jurisdiction for Disputes
    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 Arizona. You agree that any action to enforce this agreement or any matter relating to Your use of the Services must be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona.
  22. Notices
    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 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.
  23. Legal Age
    You attest that you are of legal age (18 or over) to enter into this Agreement.
  24. Final Agreement
    This Agreement, together with all modifications, constitutes the complete and exclusive agreement between You and Us, and supersede and govern 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 applying for Blue Flamingo Creative’s services through the online application process or otherwise, or 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.
  25. 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.
  26. Enforceability
    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.
  27. 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 Blue Flamingo Creative’s prior express written consent.
  28. Force Majeure
    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 Blue Flamingo Creative, 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 five (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 thirty (30) days in the aggregate, Blue Flamingo Creative may immediately terminate this Agreement.
  29. Headings
    The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.

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Registration Agreement

Blue Flamingo Creative, Inc. Registration Agreement

This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you or any agent, employee, servant or person authorized to act on your behalf, and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to Blue Flamingo Creative, Inc., as well as its subsidiaries and sister companies (“Blue Flamingo Creative”). This Agreement explains our obligations to you, and explains your obligations to us for various services offered by Blue Flamingo Creative. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Blue Flamingo Creative service(s) or products or to cancel your Blue Flamingo Creative service(s) (even if we were not notified of such authorization), this Agreement covers such service or actions.

  1. You agree to this agreement and the referenced agreements
    By using the service(s) provided by Blue Flamingo Creative under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by Blue Flamingo Creative, the Uniform Dispute Resolution Policy (“UDRP”) described below, and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by Internet Corporation of Assigned Names and Numbers (“ICANN”), the registries, and governments.
  2. Changes to agreement
    This Agreement will change over time in response to changes in the requirements of governments and administrative bodies, legislation and changes in the nature of industry. If, as a result of such a change to this Agreement, you no longer agree with its term, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request Blue Flamingo Creative to cancel your domain name registration and/or related Services. Should you elect to cancel the Agreement with Blue Flamingo Creative, you will not receive a refund for any fees you may have paid to Blue Flamingo Creative. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. You agree to review this Agreement periodically to make yourself aware of any such revisions.
  3. Term
    The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Blue Flamingo Creative or as long as you are employing any Service(s). You agree that you will not transfer any domain name registered through Blue Flamingo Creative to another domain name registrar during the first sixty (60) calendar days from its initial registration date.
  4. Service(s) provided at will, termination of service(s) and reinstatement fees
    Blue Flamingo Creative Rights. We may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, material allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email in violation of the law.
    You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option.
    You agree that, If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names maintained by you with us. No fee refund will be made when there is a suspension or termination of Service(s) for cause.
    Registry / ICANN Rights. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, redirect or transfer by any ICANN procedure, registrar, and/or registry decision or policy, in each party’s sole and unlimited discretion. This includes the right to: 1) deny, cancel, redirect or transfer any registration or transaction; 2) place any domain name(s) on registry lock, hold or similar status, as it deems necessary; 3) to correct mistakes by Us, another registrar or the registry administrator in administering the domain name; 4) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); 5) to protect against imminent and substantial threats to the security and stability of the registry TLD, System, registry nameserver operations or the internet; 6) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction; 7) for the resolution of disputes concerning the domain name; and/or 8) to stop or prevent any violations of any terms and conditions of this Agreement, the operational requirements of Us or a registry, or pursuant to a Registry Agreement with ICANN.
    You agree that your failure to comply completely with the terms and conditions of this agreement and any Blue Flamingo Creative rule or policy may be considered by Blue Flamingo Creative to be a material breach of this agreement.
    You agree that Blue Flamingo Creative and/or an applicable registry may, in its sole discretion and without liability to you, refuse to accept the registration of any domain name and/or may delete the registration of any domain name during the first five (5) days after registration has taken place.
    Domain Reinstatement Fees. You understand and agree that Blue Flamingo Creative and/or registries may charge fees related to reinstating a domain, including reinstatement after failure to renew or suspension. In order to effect a reinstatement request by you, you agree to pay fees charged by a registry related to such reinstatement and reasonable fees that may be charged by Blue Flamingo Creative. NOTE: Not all registries list their applicable fees for domain reinstatement within their domain registration agreements and/or terms of service. Nonetheless, you acknowledge and agree to pay registry fees, as determined in their sole discretion, in order to reinstate a domain. You further acknowledge that Blue Flamingo Creative has no control over a registry’s determination of fees.
  5. Our Services
    • Domain name registration. We are an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (our limitation of liability is explained further, below). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.
    • After market domain names. We offer for sale domain names that are registered to third parties (also known as aftermarket domain names) in a variety of top level domain names (“TLDs”) (“After Market Domain Name(s)”). All After Market Domain Name registrations are offered on a first come, first served basis. If you are the first to complete an After Market Domain Name registration application for a particular domain name, including payment of the purchase price we designate, we will initiate a transfer of the relevant After Market Domain Name to your Account. If the After Market Domain Name is at another domain registrar at the time of your purchase, we will transfer your purchased After Market Domain Name to us at no cost to you and will add one year to the existing registration period. Any subsequent renewals of the After Market Domain Name will be charged at the then-current renewal fee. Once you submit your order for an After Market Domain Name, you have entered into a valid, binding and enforceable contract to pay the designated purchase price for the After Market Domain Name. Because we are selling After Market Domain Names initially registered to third parties, we have no control and make no representations regarding the accuracy or legality of domain names advertised, the accuracy or legality of any domain name listing, or the right and the ability of the third party seller to transfer the After Market Domain Name or complete the transaction. We do not control whether or not third party sellers will complete a transaction. We reserve the right to reject or cancel your After Market Domain Name registration for any reason including, but not limited to, any pricing errors. In the event your After Market Domain Name registration is rejected or cancelled by us, for any reason, we will refund in full the amount of the purchase price for the After Market Domain Name as your sole remedy. Once the After Market Domain Name is transferred into your Account, such After Market Domain Name may not be transferred away from us to another registrar during the first 60 days following the transfer, during which time the After Market Domain Name may be placed on transfer lock. All of your obligations under this Agreement which apply to the registration or renewal of domain name(s) created by you apply to any After Market Domain Name(s) acquired by you, including but not limited to prohibition against any Illegal Uses.
  6. Agreement not to use “services” for improper purpose and prohibited activities
    You agree not to use the Services provided by Blue Flamingo Creative, or to allow or enable others, to use the services provided by Blue Flamingo Creative for illegal or improper purposes. As such, you agree not to:

    • violate the laws, regulations, ordinances or other such requirements of any applicable Federal, State or local government, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulation;
    • transmit any unsolicited commercial or bulk email, not to be engaged in any activity known or considered to be spamming or Mail Bombing;
    • cause repetitive, high volume inquiries into any of the services provided by Blue Flamingo Creative (i.e. domain name availability, etc.);
    • infringe any copyright, trademark, patent, trade secret, or other proprietary rights of any third-party information;
    • use the Services for content that will profess hatred for particular social, ethnical, religious or other groups;
    • use the Services to distribute viruses, malware, abusively operating botnets, phishing, Trojan horses, worms, time bombs, corrupted files, or any other similar software or programs that may damage the operation of a computer or a person’s property;
    • contain warez; contain any kind of proxy server or other traffic relaying programs; promote money making schemes, multi-level marketing or similar activities; contain lottery, gambling, casino; contain torrent trackers, torrent Portals or similar software;
    • redirect to another website without their permission and/or to impersonate another person or company;
    • use for the purposes of impersonating another person or entity such as redirecting a domain to another website without permission and/or using a domain to send fraudulent or abusive emails;
    • use the Services in a manner that is violent or encourages violence;
    • violate 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;
    • use the Services for fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.
  7. You agree that Blue Flamingo Creative reserves the right to suspend and/or delete your registered name as a consequence of engaging in activity contrary to applicable law and any related procedures.
    Further, if you are hosting your domain’s domain name servers (“DNS”) on Blue Flamingo Creative’s servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Blue Flamingo Creative, you are responsible for ensuring that there is no excessive overloading of Blue Flamingo Creative’s DNS systems. You may not use Blue Flamingo Creative’s servers and your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Blue Flamingo Creative reserves the right to deactivate your domain name from its DNS system if Blue Flamingo Creative deems it is the recipient of activities caused by your site that threaten the stability of its network.
  8. Your obligations related to health and/or financial data
    You agree that if you collect and/or maintain sensitive health and/or financial data, you will comply with all applicable laws on the provision of such services, including security measures applicable to that sector.
  9. Your obligations to ensure entitlement to use domain name
    Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others. We might be ordered by a court to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.
  10. Threatened legal action(s)
    If we are sued or threatened with a lawsuit, an administrative proceeding or any other legal or administrative proceeding in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney’s fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of three (3) months from deposit or the conclusion of the matter.
  11. Dispute resolution policy
    You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) and the Rules for Uniform Domain Name Dispute Resolution Policy (“UDRP Rules”), copies of which are available at http://www.icann.org/dndr/udrp/policy.htm and https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time and that such a change will be binding upon you. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
  12. Fees and payments
    As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. Non-standard domains have non-uniform renewal registration pricing, such that the registration fee for a domain name registration renewal may differ from other domain names in the same TLD (e.g. renewal registration for one domain may be $100.00 and $25.00 for a different domain name). All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. You may pay for Services by providing a valid credit or debit card, an electronic check (from your personal or business checking account, as appropriate), PayPal, Bitcoin, or any other payment method then accepted by Blue Flamingo Creative (each, a “Payment Method”); provided, however, that we may at our option require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another. Blue Flamingo Creative expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the Blue Flamingo Creative website and effective immediately without need for further notice to you. If you have purchased the Service(s) for a period of months or years, changes or modifications in prices and fees shall be effective when the Service(s) in question come up for renewal as further described below. 
  13. Payment
    In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and/or your Primary Service Provider and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us in satisfaction of any indebtedness by you to us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our reinstatement fee, currently set at $200 (US Dollars). 
  14. Expiration and renewal of service(s) and notifications of expiration
    You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. However, ICANN requires, pursuant to its Expired Registration Recovery Policy (“ERRP”) that Blue Flamingo Creative follow certain procedures to notify you in advance that renewal fees are due. Pursuant to the ERRP, Blue Flamingo Creative will notify the registered name holder of the expiring domain name twice before the expiration date, once approximately one month before the subject domain’s expiration date and again approximately one week before the subject domain’s expiration date. Blue Flamingo Creative’s renewal reminder will consist of an email message sent to the registered domain holder’s email address as it is listed in the expiring domain’s whois record. Further, Blue Flamingo Creative reserves the option, but not the obligation, to send additional renewal reminder notices to any other email addresses associated with the expiring domain, including, but not limited to, the email address of the expiring domain’s account holder or the billing contact of the expiring domain’s whois record. Blue Flamingo Creative also reserves the option, but not the obligation, to send additional renewal reminders at times other than the times required by the ERRP.
    Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided you have sufficient balance in your Blue Flamingo Creative account and/ your credit card is up to date. You acknowledge and agree that, while we are not required to, we may contact you with a request to update your account information in the event that an attempted transaction is not processed successfully.
    You acknowledge that it is your responsibility to keep your billing information up to date. You acknowledge and understand that, as part of its management of user registrations, Blue Flamingo Creative sends out periodic notices to registrants apprising them of payment deadlines, pending expiration deadlines and other important information affecting your account and, specifically, registration of domain names.
  15. Accurate account contact information and domain name whois information
    As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s) for all domains purchased through Blue Flamingo Creative. You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), Blue Flamingo Creative requires that you must submit the following for both gTLDs and ccTLDs: name, postal address, e-mail address, voice telephone number, and, if available, fax number. For residents in countries subject to GDPR, this means that by registering domains with Blue Flamingo Creative, you have provided contractual consent to collect and process this information. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. In the event the lack of accurate/current contact information results in the loss, cancellation or transfer of the domain name(s) associated with your account, you agree that you shall not hold Blue Flamingo Creative liable for any such loss or any damages associated with the loss. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name.
    You agree to notify Blue Flamingo Creative within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Blue Flamingo Creative with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Blue Flamingo Creative to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement. You agree to retain a copy for your record of the receipt for purchase of your domain name or Services.
    You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information may also be required to be made publicly available by means of Whois and/or the registry operator may also be required to make this information publicly available by Whois. In addition, you acknowledge and agree that certain registries require this information be made publicly available even to those residents in the EEA who are subject to GDPR. This includes but is not limited to the following ccTLDs: .asia, .ca, .cn, .uk, .co.uk, .de, .eu, .in, .id, .me.uk, .nu, .li, .ch, .fr, .sg, .com.sg, .org.uk, .us, .es, .com.es, .nom.es, .org.es, .com.au, .net.au, .paris, .vote, .voto, .xn--3ds443g, .nyc, .org.au. EEA residents who are eligible for and register domains that do not allow for privacy services explicitly agree to the publication of their personal information.
    Both Blue Flamingo Creative and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure.
  16. Account Review, Data Modification or Deletion
    To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by contacting our support team.
  17. Obligations and representations relating to the account and whois contact information
    Registering a domain for a third party. In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you (a) are authorized by the individual(s) to act as an agent on their behalf for this purpose; (b) have provided notice to that third party of the disclosure and use of that party’s information as set forth in this Agreement, and (c) that you have obtained the third party’s express consent to the disclosure and use of that party’s information as set forth in this Agreement. For clarity, this includes all third parties who are listed in Whois as Registrant, Administrative and/or Technical contacts. And, it includes where a Registrant lists third parties as Administrative and/or Technical contacts.
    Further, when registering a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using Blue Flamingo Creative’s registration services, that they are in fact registering their domain name through Blue Flamingo Creative and that Blue Flamingo Creative or its provider is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may lose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.
    CONSENT TO PUBLICLY DISPLAY WHOIS INFORMATION. BLUE FLAMINGO CREATIVE, BY DEFAULT, PROVIDES PRIVACY PROTECTION FOR THE FULL SET OF WHOIS INFORMATION, WHICH INCLUDES REGISTRANT, ADMINISTRATIVE AND TECHNICAL CONTACTS. IF YOU MANAGE A DOMAIN WHERE THERE IS THIRD PARTY INFORMATION IN WHOIS AND/OR YOU ARE A REGISTRANT WHO HAS THIRD PARTIES AS ADMINISTRATIVE/TECHNICAL CONTACTS, YOU UNDERSTAND AND ATTEST THAT YOU ARE AUTHORIZED BY THESE THIRD PARTIES TO PROVIDE EXPLICIT CONSENT ON THEIR BEHALF. IN ADDITION, YOU ACKNOWLEDGE THAT WHEN YOU DISABLE WHOIS PRIVACY SERVICE YOU ARE PROVIDING EXPLICIT CONSENT ON BEHALF OF ALL CONTACTS LISTED IN THE RELEVANT WHOIS TO PUBLICLY SHARE THEIR PII. IN ADDITION, AS IT RELATES TO THE GDPR, YOU ACKNOWLEDGE THAT YOU ARE THE CONTROLLER REGARDING FOR THIS ACTION AND RESPONSIBLE FOR ALL / ANY RELATED AND REQUIRED CONSENTS.
  18. Account Security
    Please safeguard your account access credentials (including but not limited to your customer username/login, support pin code, password) from any unauthorized use. You agree that any person in possession of your account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of $50 (US dollars) per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.
  19. Transfers of domain names
    You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
  20. Privacy Policy
    You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that we may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to third parties. You agree that, to the extent permitted by ICANN policies and regulations, Blue Flamingo Creative may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
  21. Ownership of information and data
    You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
  22. Agents
    You may modify the domain registration information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s transfer policy (the “Transfer Policy”). In such a case, you explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. In addition, you explicitly authorize us and/or the registrar of record to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on its behalf. Such approval will happen automatically and, thereafter, the appropriate notices sent.
    You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full and accurate contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
  23. Trademark or copyright claims
    Blue Flamingo Creative is a service provider and respects the copyrights, trademarks and other intellectual property rights of others. To the extent Blue Flamingo Creative receives a proper notice of infringement of copyright, trademark or other intellectual property, Blue Flamingo Creative reserves 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 Blue Flamingo Creative believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint.
    Blue Flamingo Creative expressly reserves the right to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement. Blue Flamingo Creative also reserve the right to terminate an account or subscriber for even one instance of infringement.
    Proper notice of infringement shall include the following information in writing to Blue Flamingo Creative’s designated agent:

    • the electronic or physical signature of the rights holder or the person authorized to act on behalf of that person;
    • identification of the work that has been infringed;
    • an identification of the material that is claimed to be infringing, and information reasonably sufficient to permit Blue Flamingo Creative to locate the material (for example, by providing a URL to the material); or, if applicable, identification of the reference or link to material or activity claimed to be infringing, and information reasonably sufficient to permit Blue Flamingo Creative to locate that reference or link;
    • Your name, address, telephone number, and email address;
    • a statement by You that You have a good faith belief that the disputed use is not authorized by the rights holder, its agent, or the law; and
    • a statement that the information in Your notification is accurate and a statement, made under penalty of perjury, that You are the rights holder or are authorized to act on the behalf of the rights holder.
  24. After expiration of the term of a domain name registration
    Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
    Reactivation Period Process. You acknowledge and agree that timely renewal of your domain name(s) is your sole responsibility and you assume all risks and consequences related thereto if you do not renew your domain(s) prior to expiration of its original term. We may, but are not obligated, to offer a period of time, the “Reactivation Period”, where you can renew an expired domain. You acknowledge and agree that offering a Reactivation Period is in our sole discretion and that we shall not be liable for any reason should we choose not to offer such period. If offered, the Reactivation Period exists for approximately 30 days after expiration of the term of domain name registration services and may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that, during this time and any time thereafter, we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services, and/or that expired domain name registration services may be re-registered to any party at any time.
    After the Reactivation Period, you agree that we may either (i) discontinue and delete the domain name registration services, (ii) pay the registry’s registration fee or otherwise provide for the registration services to be continued, with no rights to you or, (iii) or auction, sell or otherwise transfer the domain name services to a third party and transfer the domain name registration services to such third party.
    In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”) and that we bear no liability should we decide not to participate. If available, RGP typically ends between 30 and 42 days after the end of the Reactivation Period of the domain name services. The typical RGP fee is $88.88 plus any registration fees, however the redemption fees are higher for certain TLDs. You will be required to pay such higher fee if your domain is one of the listed TLDs. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
    In the case of (ii), above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that you have no right in any of the proceeds for such advertisements, if any, we may earn as a result. During this time, we may or may not offer said domain for auction and/or sale to a third party. Your rights, if any, to redeem an expired domain exist within the defined Reactivation Period as outlined above and the limited additional rights as outlined for domains auctioned within 40 days of expiration. You further agree that we are not obliged to contact you to alert you that the domain name registration services are being continued.,
    In the case of (iii), above, where there is a successful auction bid for the domain within the first 40 days post expiration, you have up to these same 40 days post expiration to recover the domain. Otherwise, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction.
    You acknowledge that you have read, understood and agreed to these post-expiration rights as your sole remedies for renewal of expired domains. If you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services with no liability to us.
  25. LIMITATION OF LIABILITY
    YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR 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. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
  26. Indemnity and defense
    With respect to ICANN, the registry operators, and Blue Flamingo Creative, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Service(s) provided to you, you shall have sole responsibility to defend us against any such claim by the legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of this Agreement.
  27. Indemnification of registry operators
    You further agree to indemnify, defend and hold harmless all applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) and all such parties’ directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, the domain name registration services you are obtaining from us. You acknowledge and agree that this clause survives the termination or expiration of this Registration Agreement.
  28. REPRESENTATIONS AND WARRANTIES
    YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL 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 OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
  29. Additional reservation of rights
    Blue Flamingo Creative expressly reserves 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 Blue Flamingo Creative in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Blue Flamingo Creative in offering or delivering any Services (including any domain name registration); (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry; (iii) to assist with our fraud and abuse detection and prevention efforts; (iv) to comply with applicable local, state, national and international laws, rules and regulations; (v) to comply with requests of law enforcement, including subpoena requests; (vi) to comply with any dispute resolution process; (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Blue Flamingo Creative, its officers, directors, employees and agents, as well as Blue Flamingo Creative’s affiliates.
  30. Right To Transfer Your Domain(s) As Part of Bulk / Partial Bulk Transfer
    Blue Flamingo Creative reserves the right to sell all or part of its domain portfolio as a registrar. Upon such sale, You agree that Blue Flamingo Creative may transfer your domain(s) as part of a bulk or partial bulk transfer to the acquiring registrar.
    You also agree that, where Blue Flamingo Creative is a reseller and makes an acquisition in whole or in part of another registrars TLD portfolio that is the registrar of record for Your domain(s), Blue Flamingo Creative has the right to transfer Your domain(s) from said registrar to Blue Flamingo Creative’s registrar credentials as part of a bulk or partial bulk transfer.
  31. Governing law and jurisdiction for disputes
    Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration 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 Arizona. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the United States District Court of Arizona, or if there is no jurisdiction in such court, then in a state court in Maricopa County, State of Arizona. You consent to the personal and subject matter jurisdiction of any state or Federal court in Maricopa County, State of Arizona in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your account and/or domain name WHOIS information.
    Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Maricopa County, State of Arizona.
    YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
  32. Notices
    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 domain name WHOIS information you have provided.
  33. Legal Age
    You attest that you are of legal age to enter into this Agreement.
  34. Final Agreement
    This Agreement, the referenced agreements, the ICANN Policy and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications, subject to the terms set out in Section 2 above. 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.
  35. Waiver
    The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
  36. Enforceability
    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.
  37. 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 Blue Flamingo Creative’s prior express written consent.
  38. Force Majeure
    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 Blue Flamingo Creative, 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 five (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 thirty (30) days in the aggregate, Blue Flamingo Creative may immediately terminate this Agreement.
  39. Headings
    The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.