Terms & Conditions

Rebrandly terms and conditions

This Rebrandly service Agreement (the "Agreement") is a legal contract between the Customer ("You", "Your", the "User", etc) and RadiateCapital Limited ("RC", "we", "us", "our"). Please read these terms of use carefully and completely before using Rebrandly Services.

The Agreement governs your purchase and use of Rebrandly services, whether fee-based or free of charge, offered on the Rebrandly and MyRebrandly website(s) (the "Service" or "Services" or "Site"). Your use of the Services is conditional upon your acceptance of this Agreement.

By using or registering for a Rebrandly Service, you fully and completely agree to these terms and conditions ( or "Terms of Use") and the Rebrandly (RC) Privacy Policy without any exceptions. You agree to accept notices electronically. Each time you use a Rebrandly Service, you reaffirm your acceptance of the then-current Terms of Use. If you do not wish to be bound by these Terms of Use, you may discontinue using the Rebrandly Services. You cannot use or sign up for Rebrandly Services until you have accepted these Terms of Use.

Since this is a binding legal agreement between you and RC, please print a copy of this Agreement for your records.

1. Changes to Terms and Conditions:

In the event that RC makes material changes to these Terms of Use, all current RC customers and trial users will be notified via email at least 30 days before the modified terms of use go into effect. RC will email users at the email address(es) provided by each user (if any) and is not responsible for invalid addresses or undeliverable email. The modified Terms of Use will be posted on our website at least 30 days in advance of the effective date. You agree to the new posted Terms of Use by continuing your use of the Rebrandly Services. If you do not agree with the modified Terms of Use, your only remedy is to discontinue using Rebrandly Services and cancel your registration.

2. Requirements for Use or Registration of Rebrandly Services:

The Rebrandly Services are intended for general consumer use. You represent and warrant that you have adequate legal capacity to enter into binding agreements such as these Terms of Use. Rebrandly Services may require the user to register and provide certain personal information to RC, such as name, e-mail address, gender, date of birth, zip code ("Personal Information"). If you register for any Rebrandly Services, you agree to provide accurate and complete Personal Information and you agree to keep such information current.

The Rebrandly Privacy Policy explains how RC collects and uses Personal Information. You give consent to RC to use your Personal Information under the terms of the RC Privacy Policy.

3. Rebrandly is a domain reseller

On acceptance of these Terms of Use, you understand that RC is a reseller participating in Tucowsโ€™ distribution channel for domain name registrations. RC cannot guarantee that you will obtain a desired domain name and is not responsible for any inaccuracies or errors in the domain name registration or renewal process. For a full, detailed explanation of the Tucows Registration Agreement please see here.

Acceptance of these terms of use also signals acceptance of Exhibit A as laid out by Tucows.

4. You may use Rebrandly Services for lawful purposes only.

RC expressly forbids the use of the service for the purpose of tracking spam-related material.

RC, at its sole discretion, may accept or reject for any reason a User as a customer of the Services. If the User is accepted by RC as a customer of the Services, as a condition to the access and use of any of the Services offered by RC in the Site, the User's right to access the Site and the Services is subject to any limits established by RC. For every usage over a given limit, RC reserves the right to charge the User an additional fee.

The User agrees that they will not use any automated means, including, without limitation, agents, robots, scripts or spiders, to access, monitor or copy the Site or the Services except those automated means expressly made available by RC, if any, authorized in advance and in writing by RC. The User agrees that they will not use any device, software or routine to interfere with the proper working of the Site or the Services. Without limitation to the foregoing, the User further agrees that they will not take any action that imposes an unreasonable or disproportionately large load on RC's infrastructure, as determined by RC.

5. Changes to the Services:

RC has the right at any time to change, modify, add to or discontinue or retire any aspect or feature of the Rebrandly Services including, but not limited to, the software, hours of availability, equipment needed for access or use, the maximum number of clicks you can monitor and the quantity of statistical data RC stores in their servers. RC has no obligation to provide you with notice of any such changes. Those modifications do not materially and adversely affect your rights or obligations under this Agreement.

6. Pricing changes and other modifications:

RC may change its Service fees, at any time by updating the applicable pricing information or other terms posted on the Site. New pricing terms will become effective beginning with the first full billing cycle after RC posts such changes to its website. If you do not agree to any changes posted by RC in accordance with this Section, you must cancel your account or the affected Service before the given changes become effective; otherwise you will be deemed to have accepted and agreed to the changes.

7. Upgrades by the Customer:

You may upgrade to a higher Service Plan, if available, at any time during the term of this Agreement by completing and submitting Rebrandly's current upgrade request form. Upon any such upgrade, you agree to pay the increased fees for that Service Plan in accordance with this Agreement.

8. Rules for domains registered with other providers

If you chose to connect a domain to Rebrandly which you have purchased through any other domain provider, it is your sole and explicit responsibility to adhere to the Terms of Use set out by that domain provider as well as the Terms of Use contained within this agreement.

9. Domain Name Dispute Resolution Policy

By agreeing with RCโ€™s Terms of Use you agree that any disputes that may arise in your application to register, maintain or renew a domain name registration will be handled according to the Uniform Domain Name Dispute Resolution Policy which has been adopted by ICANN and as set out here.

10. Duration and cancellation of services:

Unless stated otherwise on RC's web pages applicable to a given Service, each Service will be provided and billed on a periodic subscription basis, measured from the beginning of the activation of the given Service. You will be notified of the date when your service contract will expire (for paid services). It is your responsibility to renew the service before the expiration date by making a new payment in advance for the next contract cycle. If payment is not received by the expiration date, your service (and the associated data) will be deleted or downgraded to a free service.

At any time after the activation of a Service, either you or RC may cancel that Service (or RC may discontinue the Service completely) by providing written notice to the other party, in which case the Service will terminate on the date specified in the cancellation notice. If no date is specified, the Service will terminate at the end of the then-current billing period (for paid Services) . RC also reserves the right to cancel any individual Service immediately and without notice in the event that you breach any provision of this Agreement or any other terms that apply to that Service.

11. Term and termination of agreement:

The term of this Agreement will begin on the date that RC accepts your initial registration and will continue in force until terminated according to this section. Upon cancellation of all active Services, or any time thereafter, either party may terminate your account and this Agreement by written notice to the other party. RC also reserves the right to terminate your account and this Agreement immediately and without notice in the event that you breach any provision of this Agreement. It is at the sole discretion of RC to discontinue your service for any reason. No refunds will be available on account of any termination of this Agreement, except as expressly provided in the Section entitled "Refunds" below. Sections 15 through 19 of this Agreement shall survive and remain in effect notwithstanding any termination of this Agreement.

12. Refunds:

If RC terminates this Agreement and your account, or any Service prior to the end of any active subscription period, if you have not breached any provision of this Agreement you may request a partial refund of the fees that you have paid for that subscription period, based on the number of days remaining in the subscription period at the time of such termination. If your request is validly submitted in writing within thirty (30) days after such termination, then RC will issue the appropriate credit to your credit card. Exceptions may be made, in the customer's' favor, on a case-by-case basis. Refunds are provided solely at the discretion of RC. The maximum refund amount RC will pay to the user will never exceed the amount of money paid to RC initially by the user. If no money is exchanged, no money will be paid to the user in the event of a cancellation of service. Domains registration, transfer and renewal fees are not refundable.

13. Proprietary Rights:

As between RC and Users, all rights, titles and interests in the Site and all information it contains, or may contain in the future, including, without limitation, all copyrights, trademarks, service marks and other intellectual property rights (collectively referred to as the "Content"), is the property of RC or its licensors and is protected by intellectual property laws and international intellectual property treaties. Except as expressly provided below, nothing contained in the Site shall be construed as conferring any license or right, by implication or otherwise, under copyright or other intellectual property rights, to use the Site or the Content displayed on the Site, through the use of framing or otherwise, without the prior written permission of RC or any third party that may own the trademark or copyright of material displayed on the Site.

You may not sell, assign, grant a security interest in nor otherwise transfer any right to the Services or incorporate it (or any portion of it) into another product/service.

The User understands and agrees that from time to time the Site and/or the Services may be inaccessible, unavailable or inoperable for any reason, including, and without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs which RC may undertake from time to time; or (iii) causes beyond the control of RC or which are not reasonably foreseeable by RC, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. User acknowledges and agrees that RC has no control over the availability of the Site or the Services on a continuous or uninterrupted basis.

The User shall be solely responsible for providing, maintaining and ensuring that all hardware, software, electrical and other physical requirements for the User's use of the Site and Services, including, without limitation, telecommunications and internet access connections and links, web browsers, bandwidth or other equipment, programs and services required to access and use the Site and Services, is compatible with the Site and the Services. While RC will endeavor to make timely backups of all User reports, the User is responsible for backing up all reports made while using the Service.

RC reserves the right, at their sole discretion and without notice, at any time and for any reason, to: (i) remove or disable access to all or any portion of the Site or the Services; and (ii) suspend or terminate the User's access to or use of all or any portion of the Site or the Services.

14. Links:

The Site contains hyperlinks to third party web sites. Most of the linked sites are not under the control of RC, and RC is not responsible for, and makes no representations or warranties with respect to, the contents or privacy policies or practices of any linked sites or any link contained in a linked site. The inclusion of a linked site is for the User's convenience only and is not intended as and should not be construed as an endorsement or recommendation by RC of the linked site or its content.

15. Disclaimer of Warranties:

THE SITE AND THE SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS, AND, TO THE FULLEST EXTENT PERMISSIBLE PURSUANT TO APPLICABLE LAW, RC EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. USE OF THE SITE AND THE SERVICES IS AT USER'S SOLE RISK. SPECIFICALLY, BUT WITHOUT LIMITATION, RC DOES NOT REPRESENT OR WARRANT, AND DISCLAIMS ANY AND ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, PENALTY OR DAMAGE OF ANY KIND WHATSOEVER RESULTING FROM, ARISING OUT OF OR IN ANY WAY RELATED TO: (i) ANY ERRORS IN OR OMISSIONS FROM THE SITE AND ITS CONTENT, INCLUDING, BUT NOT LIMITED TO, TECHNICAL INACCURACIES OR TYPOGRAPHICAL ERRORS; (ii) THE UNAVAILABILITY OR UNINTERRUPTED USE OF THE SITE OR THE SERVICES OR ANY PORTION THEREOF; (iii) DEFECTS, VIRUSES OR OTHER HARMFUL COMPONENTS ON THE SITE OR THE SERVER THAT MAINTAINS THE SITE; (iv) ANY THIRD PARTY WEB SITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH HYPERLINKS CONTAINED IN THE SITE, INCLUDING, BUT NOT LIMITED TO, ANY ERRORS OR OMISSIONS THEREFROM; (v) USER'S USE OF THE SITE OR THE SERVICES OR ANY RELATIONSHIP BETWEEN USER AND A LINKED SITE OR ANY SERVICES, PRODUCTS OR ADVICE PROVIDED OR PERFORMED BY A LINKED SITE FOR USER; AND (vi) USER'S USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE OR THE SERVICES. FURTHER, RC DOES NOT MAKE ANY REPRESENTATION OR WARRANTY AS TO ANY RESULTS THAT MAY BE OBTAINED BY USE OF THE SITE OR THE SERVICES.

16. Limitation of Liability:

UNDER NO CIRCUMSTANCES SHALL A "COVERED PARTY" (AS DEFINED BELOW) BE LIABLE TO THE USER OR TO ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, RELIANCE OR PUNITIVE DAMAGES OF ANY KIND WHATSOEVER, INCLUDING, WITHOUT LIMITATION, ECONOMIC LOSS, PENALTIES OR ATTORNEYS' FEES, FOR ANY MATTER ARISING FROM OR RELATING TO THE SITE, INCLUDING ITS CONTENT, THE SERVICES, OR THE INTERNET GENERALLY, INCLUDING, WITHOUT LIMITATION: (i) THE USER'S USE OF OR INABILITY TO USE THE SITE OR THE SERVICES; (ii) ANY CHANGES TO OR INACCESSIBILITY OF THE SITE OR THE SERVICES; (iii) DELAY, FAILURE, UNAUTHORIZED ACCESS TO OR ALTERATION OF ANY TRANSMISSION OR DATA; (iv) ANY MATERIAL OR DATA STORED, SENT OR RECEIVED OR NOT STORED, SENT OR RECEIVED; (v) ANY TRANSACTION OR AGREEMENT ENTERED INTO THROUGH THE SITE OR THE SERVICE; OR (vi) ANY DATA OR MATERIAL FROM A THIRD PERSON ACCESSED ON OR THROUGH THE SERVICES; WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT OR OTHERWISE, REGARDLESS OF ANY NEGLIGENCE OF ANY COVERED PARTY. SOME STATES PROHIBIT THE EXCLUSION OR LIMITATION OF INCIDENTAL OR CONSEQUENTIAL DAMAGES, THUS THIS LIMITATION OF LIABILITY MAY NOT APPLY TO THE USER. IF THE USER IS DISSATISFIED WITH THE SITE, THE USER'S SOLE AND EXCLUSIVE REMEDY SHALL BE FOR THE USER TO DISCONTINUE USE OF THE SITE. A "COVERED PARTY" MEANS RC, ITS AFFILIATES, AND ANY OFFICER, DIRECTOR, SHAREHOLDER, PARTNER, EMPLOYEE, SUBCONTRACTOR, REPRESENTATIVE, AGENT, SUCCESSOR OR ASSIGNEE OF RC OR ITS AFFILIATES.

17. Indemnification:

You agree to indemnify, hold harmless, and (at RC's request) defend RC and its officers, directors, shareholders, and representatives from and against any and all liability, damages, losses, costs, or expenses (including but not limited to attorney's' fees and expenses) incurred in connection with any claim related to (a) your breach of any term, condition, representation, warranty, or covenant in this Agreement; or (b) the information you supply to RC, including your registration data. This obligation shall survive any termination of your relationship with RC.

18. Sole and exclusive remedy:

If you are dissatisfied with any portion of any Service, your sole and exclusive remedy is to cancel your account or your subscription to the given Service according to this Agreement. No refunds are available except as expressly provided in the Section entitled "Refunds" above.

19. Applicable Law:

These Terms shall be governed by the laws of the Republic of Ireland, as they apply to agreements made and solely performed therein, without regard for conflicts of law. All actions, claims or disputes arising hereunder or relating to the Site shall be exclusively subject to the jurisdiction of the Republic of Ireland and the city of Dublin.

Questions:

If you have any questions about this Agreement or Rebrandly's Services, please contact RC support service: support@rebrandly.com