This Lime Protects Privacy Protection Service Agreement (the "Agreement") is between Lime Protects LLC (“Lime Protects”), a Delaware (U.S.A.) limited liability company, which owns and operates Lime Protects.com, Lime Labs LLC as domain name registrar (“Lime Labs” or “Registrar”), and you as customer, and yours heirs, agents, successors and assigns (collectively termed as "You" or "Your").
This Agreement shall become effective on the day of its electronic execution. In addition to describing the terms and conditions of Your use of Lime Protects Privacy Protection Services (the “Service” or “Services”) purchased by You, this Agreement also sets forth the respective obligations of each Party to the other Party.
By purchasing Lime Protects Services, You acknowledge that You have read, understood, and agree to be bound by all terms and conditions of this Agreement and any other policies or agreements made part of this Agreement by reference, including but not limited to the Universal Customer Agreement of Lime Labs LLC, as well as any modifications or additions thereto or any new or additional policies which Lime Protects may establish from time to time and which will, immediately upon posting, become a part of, or subject to this Agreement. If You do not wish to or do not agree to be bound by this Agreement, any referenced agreement, or any modification or additions, then do not use the Lime Protects Services. Use of the Lime Protects Services following any modification or addition to the Agreement constitutes your acceptance of such modifications or additions. Additionally, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You have established with Lime Protects, whether or not the transactions were entered into on Your behalf. You further agree to abide by the terms and conditions promulgated by the Internet Corporation for Assigned Names and Numbers ("ICANN") (including the Uniform Domain Name Dispute Resolution Policy ("Dispute Resolution Policy") and Your Registrar (i.e., the ICANN-accredited person or entity through which You register a domain name).
By subscribing to the Service, each and any available domain name registration owned or controlled by You that You authorize Lime Protects to register (your “Domain(s)”) will be registered in the name of Lime Protects, LLC as Registrant. Hence, Your name, postal address, email address, phone and fax numbers will be kept confidential, subject to Section 7 of this Agreement. With Lime Protects as the Registrant of Your domain, the following information (and not Your personal information) will be made publicly available in the "Whois" directory as required by ICANN:
You agree that for each Domain name for which Lime Protects becomes the registrant on Your behalf, You will provide Lime Protects, and maintain as current and accurate (updated as frequently as necessary by You), the following information:
By default any (1) Lime Protects Services and (2) domain name registration associated with the Lime Protects Services purchased by You and which are up for renewal will be automatically renewed by Lime Protects through your Registrar, for a period of one year at the then current rates charged for the Service and domain name registration. The amount paid for renewal will be non-refundable. If You do not want the Services and domain name registrationto be automatically renewed, you must affirmatively opt-out after Your registration by going to your My Accounts section. If you opt-out, you are solely responsible for ensuring the renewal of both (1) the Services through Lime Protects and/or the (2) domain name registration through your Registrar before the expiration date of the Services and/or associated domain name registration. If you have opted out of Lime Protects automatic renewal and subsequently fail to manually implement and/or ensure the renewal of the Lime Protects Services on or before the expiration date, the Lime Protects Services will be cancelled. The terms dictated by your Registrar and/or domain name registration agreement will govern treatment of your domain name registration in this instance. Notwithstanding the automatic renewal policy, neither Lime Protects nor Lime Labs shall have any liability to you or to any third party in connection with any renewal including but not limited to, any failure or errors in renewing the Services or domain name registration.
For purposes of clarity, You agree, without any further requirements to obtain any additional consent that Lime Protects may
Renewal fees will be non-refundable. You may disengage the automatic renewal feature for Lime Protects Private Registration Services by logging into Your customer account at Your Registrar’s web site and disabling the auto renew option. It is Your responsibility to keep Your credit card information current and accurate, including the expiration date.
You agree that the Services term begins on the date Your offer to purchase the Services is accepted by us and that it shall run for the period of time which You choose in your order (the “Term”). You understand that the Services Term may be longer or shorter than the registration term of the Domain name(s) associated with the Services and for which you purchased the Lime Protects Service. If such a Domain name(s) registration expires and is deleted, the Lime Protects services will end at that time as well. However, if this results in the Lime Protects Services being ended before the Term of your Lime Protects order is concluded, You understand that there will be no refund for any resulting unused portion of any Lime Protects Services Term. If the Services Term ends while the registration term for a Protected Domain is still ongoing, then the Lime Protects Services will no longer be provided and the personal information specified in section 3 shall be listed in the WHOIS database as the Registrant for the Domain name(s). Also, the communications forwarding services specified in section 9 will no longer be provided.
You represent and warrant that all information provided by You pursuant to this Services Agreement and throughout the Term is and shall be truthful, complete, current and accurate. You also represent and warrant that You are using the Service in good faith and that You have no knowledge or reason to believe that Your Lime Protects Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name or is in violation of any criminal law. You also represent and warrant that neither the Services nor Domain(s) will be used in connection with any illegal or morally objectionable activity (as defined below in section 7), or, in connection with the transmission of unsolicited commercial email(s) ("Spam"). Further, You represent and warrant that You will not provide any third party with any Lime Protects contact information for the purpose of having such third party transmit communications to You through us.
Notwithstanding Your purchase of the Services, we reserve the right in our sole judgment and discretion to close your account with Lime Protects and disclose Your personal protected information in the event any of the following occur :
In the event we take any of the actions set forth above or in the event You elect to cancel the Services for any reason, we will not refund any fees paid by You for the Services, regardless of any remaining Term.
In the event we are unable to forward correspondence concerning Your Lime Protects registered Domain through no fault of Lime Protects, and/or in the event of failure to interact with your account as required to receive communications concerning Your Lime Protects registered Domain, will result in the communications not being forwarded to You. Failure on Your part to have a communication forwarded to you may result in financial loss or legal liability on our part as described in Section 7(g) above. As such, Lime Protects may, as determined in its sole discretion, immediately reveal Your information as provided in Section 3 of this Agreement, and/or immediately terminate the Lime Protects Service and this Agreement and regarding either Your Domain name that is the subject of the correspondence or all Domain names registered by You with the Lime Protects Service. In the event of termination of this Agreement, your contact information (name, postal address, email address, telephone number and fax if applicable) will immediately display in the WHOIS directory. For these reasons, it is extremely important that you maintain accurate contact information with Lime Protects.
UNDER NO CIRCUMSTANCES SHALL LIME PROTECTS LLC BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION, THE LIME PROTECTS SERVICES, LIME PROTECTS ROLE AS DOMAIN PROXY AND/OR REGISTRANT, YOUR USE OR INABILITY TO USE OUR WEB SITE(S) OR THE MATERIALS AND CONTENT OF THE WEB SITE(S) OR ANY OTHER WEB SITES LINKED TO SUCH WEB SITE(S) OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO YOUR REGISTRANT, LIME PROTECTS OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. IF ANY PROVISION OF THIS LIMITATION OF LIABILITY IS FOUND TO BE UNENFORCEABLE, ONLY SUCH PROVISION SHALL BE REMOVED AND THE REMAINDER SHALL BE ENFORCED TO THE GREATEST EXTENT PERMITTED BY LAW.
You further understand and agree that we disclaim any loss or liability resulting from: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery or inaccurate delivery between You and the providers of the Services, including the Lime Protects Services; (iv) the failure for whatever reason to renew the Services; (v) the unauthorized use of Your Account or any of the providers of Services; (vi) errors, omissions or misstatements by providers of Services, including the Lime Protects Services; (vii) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either You or the email address listed for Your Protected Domain; (viii) processing of updated information regarding Your Account; (ix) any act or omission caused by You or Your agents (whether authorized by You or not).
With respect to ICANN, the registry operators, Lime Protects LLC and Your Registrar, 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 the Agreements, 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 these Agreements, 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 these Agreements 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 Services provided to You, You shall have sole responsibility to defend us against any such claim by 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 the Agreements. Moreover, You agree to release, defend, indemnify and hold harmless Your registrar, and its parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to the Agreements, the, the web sites of the Service Providers, Your Account, and/or Your use of Your Protected Domain.
Lime Protects LLC ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER, THE Lime Protects LLC WEB SITE OR ANY WEB SITES LINKED TO THE Lime Protects LLC WEB SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL Lime Protects / Lime Protects LLC SERVICES, AS WELL AS THE Lime Protects WEB SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO AND USE OF Lime Protects / Lime Protects LLC SERVICES AND ITS WEB SITE ARE ENTIRELY AT YOUR RISK. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration or this Services Agreement, Your rights and obligations and all actions contemplated by this Services Agreement shall be governed by the laws of the State of New York, United States of America as was a contract wholly entered into and wholly performed within the State of New York. You agree that any action brought by You to enforce this Services 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 for the District of New York, or if there is no jurisdiction in such court, then in a state court in the State of New York.. Further, You consent to the personal and subject matter jurisdiction of any state or Federal court in New York County, New York in relation to any dispute between You and us under this Services Agreement. You agree that service of process on You by us in relation to any dispute arising under this Services 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.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices sent by Lime Protects to you shall be sent via electronic mail at the electronic mail address provided by You to Lime Protects and/or your Registrar. You further agree that such notice shall be deemed received by you twenty-four hours after sent by Lime Protects. In the event Lime Protects receives notification that the email address that such notice was sent to is invalid, you agree that Lime Protects may send such notice via first-class mail, or certified mail, return receipt requested, or courier to the postal address provided by You to Lime Protects and/or your Registrar. Any notice sent from You to Lime Protects shall be sent via certified mail, return receipt requested or traceable courier to:
Lime Labs LLC
Attn: General Counsel
377 Broadway, 9th floor
New York, NY 10002
You further agree that any notice sent by Lime Protects to You via first-class mail or traceable courier shall be deemed received by You five days after posting by Lime Protects.
You attest that You are of legal age to enter into this Services Agreement.
This Services 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. This Services Agreement may not be amended or modified by You except by means of a written document signed by both You and an officer or director of Lime Protects LLC.
Nothing contained in this Services 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.
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.
In the event that any provision of this Services 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 Services 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.
Except as otherwise set forth herein, Your rights under this Services Agreement are not assignable or transferable. Any attempt by Your creditors to obtain an interest in Your rights under this Services Agreement, whether by attachment, levy, garnishment or otherwise, renders this Services Agreement voidable at our option.
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 Lime Protects LLC, 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, Lime Protects LLC may immediately terminate this Services Agreement.
The section headings appearing in this Services 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.