Tracer® Registrar Terms of Service
Effective August 31, 2023
Your use of the Tracer® Registrar domain management services and any related technical and administrative services (the “Services”) made available to you (“You” or “Customer”) by Focus IP, Inc. doing business as Tracer (“Tracer”) through its web portal at www.Tracer.ai (the “Portal”) will be governed by these Domain Management Terms of Service (“Domain Terms”), which, together with any separate written contract between you and Tracer (a “Contract”), shall constitute the entire agreement between such parties with respect to the Services (collectively, the “Agreement”).
Each of the rules and policies of the third-party registry operators (“Registries”) and the Internet Corporation for Assigned Names and Numbers (“ICANN”) referenced below are incorporated herein, together with any revisions or updates thereto which are made by such parties hereafter to which you are subject as a domain registrant. We may also update these Domain Terms from time to time as needed to provide the Services to you under best industry practices. In the event those updates result in a material adverse change to the Services, we will notify You in writing. Your continued use of the Services thereafter will constitute Your acceptance of such updates. It is Your responsibility to periodically review these Domain Terms (as well as any incorporated documents and content) from time-to-time hereafter to become aware of any revisions or updates. If You do not agree with such updates, You have the right to terminate the Services at any time in accordance with the Termination provisions stated below. In the event of any conflict among the provisions of these Domain Terms, any Contract, and the rules and policies of ICANN and the Registries, such provisions shall govern in the foregoing order of precedence; First, the policies and rules of ICANN; Second, the policies and rules of the Registries; Third, the provisions of these Domain Terms; and Fourth, the provisions of the Contract.
- Registrar Services
We will provide the Services to You in accordance with these Domain Terms and any Contract with You during a period of one (1) year from the making of Your first Order (as defined below) (the “Service Period”), which shall thereafter automatically renew for successive periods of one (1) year each until terminated by either party upon at least thirty (30) days’ written notice made at any time during the Service Period. The Services may only be used for their intended purpose in accordance with these Domain Terms, and may not be used to distribute malware, abusively operate botnets, conduct phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting, or otherwise engage in any activity contrary to applicable law or registry requirements.
As an ICANN-accredited domain registrar, Tracer will serve as Your sponsor for any generic top-level domains (“gTLD”) or country code top level domains (“ccTLD”) which You request that we register or renew on Your behalf. You understand that such domain names will not be registered or renewed until Tracer has delivered the registration or renewal information to the applicable third-party Registry and that Registry puts Your registration or renewal into effect. Tracer is not responsible for any delays, errors, omissions, or other actions of the third-party Registries, and we cannot guarantee that You will be able to register, transfer, or renew a particular domain name. You agree to be bound by: (1) the rules and regulations of each Registry with which Your domains are registered, including any dispute resolution rules, together with any revisions or modifications thereto made by such Registries hereafter, and (2) all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy and Rules (the “UDRP”), as currently amended and in effect, which are applicable to Your domains.
- Your Representations and Obligations as a Domain Name Registrant
If You are not the individual or entity listed as the domain name registrant of the domain names, You nevertheless represent that You have the proper authority to bind the domain name registrant to each of the terms and conditions set forth in this Agreement, including the UDRP, and to authorize Tracer to take all actions You request in connection with the Services. If You license the use of one or more of Your domain names to a third party, You acknowledge that You remain the registered name holder, and remain solely responsible for the obligations under this Agreement, including the obligation to pay all fees and Third Party Costs (as defined below) and provide prompt updates to all Contact Information (as defined below). You represent and agree that: (1) the entity that controls the domain name will be the entity named as the Registrant for Your domains at the time of initial registration with Tracer; (2) any statements that You make in connection with the registration, transfer, maintenance, or renewal of Your domains will be true, complete and accurate; (3) to Your knowledge, the registration of Your domains will not infringe upon or otherwise violate the intellectual property rights of a third party; (4) You are not registering the domain name for any immoral or unlawful purpose; (5) You will not knowingly use the domain name in violation of any applicable laws, policies or regulations; (6) You will not take any action which would cause Tracer, acting as Your registrar, to contravene the requirements of ICANN or the Registries; and (7) you will not resell any of the Services. You will be liable for any harm caused by the wrongful use of Your domains unless you disclose the identity of Your licensee within seven (7) days of being presented by a third party with reasonable evidence of actionable harm from the use of Your domain.
Tracer is hereby authorized to process any transfer requests made by Your Authorized Users (as defined below) without requiring proof of Your ownership of the domains. You understand and agree that it shall be Your sole responsibility to determine whether Your domains infringe upon or violate any third party’s rights. Tracer does not provide any legal advice with respect to the Services. You are neither identified on, nor owned by (directly or indirectly through stock ownership), and will not provide access to, or the benefits from, the Services to any individuals or entities identified on the U.S. Office of Foreign Assets Control list of Specially Designated Nationals, or any other applicable sanctions list.
- Transfer of Your Domains to Tracer
Tracer will only be responsible for submitting transfer requests to the Registries for Your domains; Your domains will not be added to our registrar database until the transfer of such domains is successfully accomplished by the Registries. You may not transfer Your gTLD domains from Tracer to another registrar during the first sixty (60) days after: (i) the creation date of a domain’s registration, as shown on a Registry’s WHOIS record for a domain name, or (ii) the date of the transfer of Your domains to Tracer from another registrar. We may reverse Your transfer request, or suspend, transfer, or cancel a domain name affected by such a request, if we have reason to believe that the transfer was made in error or in violation of the rights of a third party. We are not responsible for any action required by Your previous registrar to facilitate the transfer of Your domains to us. You agree to cooperate with any transfer procedures required by Your previous registrar (including the submission of specific forms of authorization, where required) and acknowledge that any delays in such cooperation may delay the effective date of such transfer to Tracer.
Tracer does not recommend that You commence the transfer of any automated domain within twenty-one (21) days before expiration of an automated gTLD domain, or the transfer of any non-automated ccTLD domain within forty-five (45) days before the expiration of those domains. We are not responsible should any of Your domains expire at Your current registrar in the event that You commence transfers during such periods.
- Portal Access
You may designate one or more individual users (“Authorized Users”) to access Your account in the Tracer Portal through usernames and passwords. You are responsible for managing your Authorized Users, ensuring that they maintain the confidentiality of such usernames and passwords, and comply with the provisions of these Terms and the Agreement. You authorize us to provide all applicable support and account information to your Authorized Users and to make any such modifications to the Services as they may request, including changing the renewal status of Your domains, and modifying or transferring Your domains. You will be responsible for the actions and omissions of your Authorized Users and for the cost of any Services they incur through Your account. You will be solely responsible for any misuse or unauthorized activities, charges and/or liabilities incurred through Your Portal account until we receive written notification from You of such unauthorized use.
- Limitations on Registrations and Renewals
You acknowledge and agree to the following: (1) Tracer cannot guarantee that You will be able to register, transfer or renew a desired domain name, even if a query indicates that the domain name is available (given that the requested domain name may simultaneously be sought by a third party), or that there won’t be inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases; (2) Tracer is not liable or responsible for any errors, omissions, or the consequences of any actions, by any Registry or third party registrar arising out of Your registration, renewal, or transfer of a particular domain name, or failure to take any such actions; and (3) Tracer may elect to reject any of Your submissions for registration or renewal for any reason in its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name or rejection due to a potential infringement of a third party’s rights.
You acknowledge and agree that Registries reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name on registry lock, hold or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the Registries’ databases and systems; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the Registries or their respective affiliates, subsidiaries, officers, directors, and employees; (4) for violations of any Registry policies or requirements; or (5) to correct mistakes made by any Registry or registrar in connection with a domain name registration.
YOU ACKNOWLEDGE THAT TRACER HAS NO OWNERSHIP OR CONTROL OVER ANY OF THE THIRD-PARTY REGISTRIES OR OTHER ENTITIES THAT REGULATE OR ADMINISTER DOMAIN REGISTRATION ACTIVITIES, AND, ACCORDINGLY, THAT TRACER HAS NO AUTHORITY OR CONTROL OVER ANY CHANGES, MODIFICATIONS, DELETIONS, CANCELLATIONS, DISRUPTIONS OF SERVICE, POLICIES, OR CONTRACTUAL TERMS OF SUCH THIRD-PARTY REGISTRIES AND ENTITIES.
- ccTLD Registrations
Because some ccTLD Registries do not have automated registration or renewal services, the processing of certain ccTLD requests may involve a manual process, which may cause delays in the completion of Your Orders. Accordingly, You acknowledge that some of Your ccTLD requests may take several months to complete. You are responsible for promptly providing us with any information which we inform You is required by ccTLD Registries, which may include items such as letters, and corporate identification numbers. We do not provide any legal or tax advice with respect to the registration and management of Your domains; You are advised to consult Your own advisors in that regard.
TRACER SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ANY USE, ERRORS, DELAYS, OMISSIONS, OR FAILURES TO TRANSMIT RELATED TO THE CCTLD REGISTRIES’ SERVICES, INCLUDING WITHOUT LIMITATION, ANY ERRORS IN TRANSLATION OR ANY FAILURES TO QUALIFY FOR THE APPLICABLE CCTLD UNDER ITS RESPECTIVE RULES.
- Local Presence Services
Certain Registries require that third-party vendors be engaged to facilitate Your domain registrations (“Local Presence Services”). In such cases, Tracer will contract with such vendors on Your behalf and invoice You separately for such costs (“Local Presence Fees”) since those are not included in the domain fees charged by Tracer for registrations or transfers of Your domains. In the alternative, You may choose to engage such Local Presence Services Yourself.
In some cases, utilization of Local Presence Services requires that the WHOIS record for such domains reference the local agent as the owner of such domain name. By agreeing to utilize any such Local Presence Services You agree that: (a) Tracer is authorized to contract with third party vendors on your behalf; (b) Tracer is granted a limited right and license to register the requested domain name in the name of its third-party Local Presence Service provider, when required by a Registry; and (c) You agree to pay any reasonable additional Local Presence Fees incurred by Tracer in engaging such vendors on Your behalf. Tracer reserves the right to terminate any Local Presence Service provider at any time where we believe that to be necessary to address changes in circumstances or avoid legal actions.
TRACER SHALL NOT BE LIABLE FOR ANY ACTIONS BY ANY THIRD-PARTY LOCAL PRESENCE PROVIDER, WITH RESPECT TO DOMAIN REGISTRATIONS OR ANY ACTIVITY REQUIRED UNDER ANY REGISTRY RULES. THE THIRD-PARTY LOCAL PRESENCE PROVIDER SERVICES ARE PROVIDED PURSUANT TO THE REQUIREMENTS OF THE REGISTRIES AND YOU ASSUME ALL RISK AND LIABILITY ASSOCIATED THEREWITH. NO WARRANTY OR GUARANTEE BY TRACER IS EXPRESSED OR IMPLIED WITH REGARD TO THE ACTIVITIES OF SUCH THIRD PARTIES.
Orders for the Services include those stated in Your Contract, as well as those later submitted by Your Authorized Users either by a written Order form, through the Portal, or by confirmed email (collectively, “Orders”). All Orders are subject to these Domain Terms and Your Contract and, once placed, may not be cancelled, nor are Order fees refundable. Fees will be invoiced in electronic format immediately upon placement of Orders, and monthly thereafter to the billing contact You designate. All Fees shall be paid net 30 from invoicing.
You agree to pay all fees required for the registration, renewal and modification of all domains which are the subject of any Orders placed by You, together with any reasonable third-party costs (“Third Party Costs”) (such as costs imposed by a foreign locality or Registry, including local presence fees for the right to do business in such locality), until such time as Your domains are transferred to another Registrar following termination of the Services. Fees are subject to change upon renewal of the Service Period or during the Service Period based on changes in Registry fees, which will be reflected in Tracer’s monthly invoicing to Customer.
If You are overdue on the payment of any fees for the Services, we may, at our option, take one or more of the following actions: (i) charge a late fee on the unpaid balance at the lesser of 1.5% per month or the maximum rate permitted by applicable law, (ii) suspend provision of the Services, (iii) terminate the Services and Your Contract, and (iv) take all actions allowable by law, including those allowed under ICANN rules. You will be responsible for any charges associated with our collection of Your unpaid fees.
You will not, under any circumstances, receive any credits or fee refunds in connection with any Services in the event of any: (1) fraudulent registration; (2) registration in bad faith; (3) loss of a domain dispute via the Uniform Domain Name Dispute Resolution Policy of or legal action taken by a third party; (3) reversal decision by a Registry; (4) cancellation of the Services due to Your breach of Your Contract or these Domain Terms; or (5) Your using the Services to enable or support the transmission of spam, unsolicited commercial solicitations or for other marketing-related activities; or (6) the inability on the part of any Registry to deliver or otherwise complete the Services requested.
- Domain Renewals
The Tracer Portal is designed to automatically notify You weekly starting sixty (60) days before any domain expires which has not already been set to auto renew or “do not review.” Unless You have changed Your domains’ Portal settings to “do not renew” or otherwise provided Tracer with written “do not renew” instructions no later than 35 days prior to the renewal date for a gTLD domain, and no later than 35 days prior to the renewal date for a ccTLD, then the Tracer system will automatically renew all of Your expiring domains, the renewal fees for which will be invoiced to You in the following month. You may create different renewal settings for each domain name registration in Your Portal account (automatic renewal, manual renewal, do-not-renew, etc.). Unless You select another renewal status within the Portal, a default setting of one (1) year for auto renewals will be in effect for all of Your domains. We will have the right to delete or change the registrant of any domain names which are set to “do not renew.” If Your domains are not renewed, You may recover gTLD domains during the ICANN-mandated Redemption Grace Period, for which Tracer will charge a recovery fee of $150, in addition to any other applicable fees.
- Domain Modifications
You may perform all modifications affecting automated domains at no charge through the Portal. All other domain modifications requested by You will be subject to Tracer’s standard domain modification fees.
- Suspension, Cancellation, Transfer or Modification of Your Domains
You acknowledge and agree that Tracer may terminate the Agreement and the Services in the event that: (1) You materially breach the Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by Tracer; (2) You use Your domain names to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or otherwise violate any ICANN policies or procedures; or (3) You use Your domain names in connection with unlawful or immoral activity. In addition, You agree that Your domain registrations may be suspended, canceled, modified, or transferred pursuant to the terms of any rules or policies applicable to such registrations, including those of ICANN, the UDRP (as defined below), any registrar, or any Registry: (i) in order to correct mistakes by a third party registrar or Registry in registering Your domain names; (ii) for the resolution of any disputes concerning Your domain names, including those cited below and under any ICANN adopted specification or policy, or (iii) in the event that You willfully provide inaccurate or unreliable Contact Information for Your domains or You fail to Update Your Contact Information within seven (7) days or respond to our written inquiries related to such information within fifteen (15) days.
- Termination of the Services; Transfers of Domains to Another Registrar
You may terminate the Services at any time upon written notice to us. In such event, you must promptly transfer all of your domains to your new registrar since Tracer will have no further liability to manage any domains remaining in your Portal account and is obligated to set all remaining domains to “do not renew” status forty-five (45) days after the termination of Your Services. You will be obligated to pay any fees incurred for the management of your domains (including renewal fees) until such time as Your domains are transferred to another registrar. Tracer will have the right to suspend the Services and take all actions allowable by law and under ICANN rules should You fail to pay the Fees applicable to Your Services for more than thirty (30) days following written notice of such failure. Transfers of domains are governed by the ICANN Transfer Policy, the Registrar Transfer Dispute Resolution Policy, each of which is subject to modification from time to time. You agree to the terms and conditions set forth in each of such policies and acknowledge that any such terms, modifications or changes thereto are not within Tracer’s control.
- Domain Disputes
Should there be any disputes involving the use of Your domain names, You agree to be bound by the applicable requirements of the Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension Procedure & Rules (“TDRP”), and the Uniform Rapid Suspension System (“URS”), as amended from time to time, together with any similar domain name dispute policies and rules that may be adopted in the future by any gTLD or ccTLD. You also agree to act in accordance with ICANN’s Registrants’ Benefits and Responsibilities and any applicable ICANN Consensus Policies. The URS is a rights protection mechanism available through the ICANN New gTLD Program which complements the UDRP by providing an alternative lower-cost, faster method for obtaining relief for rights holders experiencing clear-cut cases of infringement. For the adjudication of any disputes arising out of the use of Your domains registered by Tracer on Your behalf, You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of (a) Your domicile, and (b) to any jurisdiction where Tracer is located (currently Boise, Idaho, and Salt Lake City, Utah).
- Required Contact Information
- WHOIS Information
Tracer is required by ICANN and the Registries to maintain a publicly accessible database of all domain names registered with it containing the Contact Information which You have provided to us for each such domain, along with the following additional information: the names of the primary and secondary name server for each domain, the original creation date of each domain registration, and the expiration date of such registration. In engaging us to provide the Services, You authorize us to make all of the foregoing information regarding Your domains publicly available in such database, along with such other information as ICANN or the Registries may hereafter require. Tracer will retain Your Information as directed by ICANN Data Retention Specification.
- Limitations on Liability
ALL SERVICES ARE PROVIDED TO YOU “AS IS.” EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, TRACER MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES THAT THE REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM EITHER CHALLENGES TO YOUR DOMAIN NAME REGISTRATIONS, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY OF YOUR DOMAIN NAMES. YOU AGREE THAT TRACER, ICANN AND/OR ANY REGISTRY WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY OF THE FOLLOWING: (1) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATIONs; (2) USE OF YOUR DOMAIN NAME REGISTRATION; (3) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF OR ANY INTERRUPTION OF BUSINESS; (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE TRACER SITE OR THE REGISTRIES’ SITE, (5) DATA NONDELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND TRACER OR ANY REGISTRY’S REASONABLE CONTROL; (7) THE PROCESSING OF OR THE INABILITY TO PROCESS YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION; (8) APPLICATION OF ANY RELEVANT DISPUTE POLICY, ADMINISTRATIVE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR ORGANIZATION) ADOPTED POLICIES; (9) ANY MISUSE OF YOUR USERNAME AND/OR PASSWORD; OR (10) LOSSES RESULTING FROM ANY ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT. TRACER DOES NOT PROVIDE ANY LEGAL ADVICE IN CONNECTION WITH THE SERVICES, WHICH SHOULD INSTEAD BE DIRECTED BY YOU TO YOUR OWN LEGAL COUNSEL.
NEITHER TRACER NOR ANY REGISTRY OPERATOR WILL 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 TRACER AND/OR ANY REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL TRACER AND/OR ANY REGISTRY OPERATOR’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You represent that You hold all rights and interests to Your domains which are necessary to take the actions You may authorize Tracer to take in connection with the Services. You will be solely responsible and liable for any harm or claim, damages, or losses (“Losses”) caused by the wrongful use of Your domains and will defend, indemnify and hold harmless Tracer, ICANN, and the Registries, together with their respective officers, directors, employees, agents and affiliates, from and against any Losses (i) resulting from the registration or use of Your domains, or (ii) from Your breach of any of the terms, conditions, warranties, and representations contained in these Domain Terms. The Registries will not be liable to You for any Losses regardless of the form of action, whether in contract, tort (including negligence) or otherwise, in connection with the registration of Your domains.
- Additional Services
Anonymous Domain Acquisition Services. Tracer can, at Your request, provide professional services for the anonymous acquisition of additional domain names in circumstances where You don’t wish to be identified as the buyer of the domain. The domains are purchased in Tracer’s name, or that of its proxy affiliate.
Trademark Clearinghouse Services. The Trademark Clearinghouse (“TMCH”) is a centralized rights protection mechanism built into ICANN’s New gTLD program. Obtaining validation from the TMCH allows brand owners to register their trademarks as domain names during applicable “sunrise” periods and be notified whenever exact-match domain name registrations occur during the life of their domain name registrations. Tracer’s professionals can collect and manage the process of submitting Your trademark data into the TMCH centralized database, both prior to and during the launch of New gTLD’s.
Snapping Services. Tracer can also provide domain recovery “snapping” services to monitor and recover expired domain names which have fallen out of registration and back into the public domain. Once You identify a desired domain name, Tracer coordinates the requesting, monitoring, and recovery of the domains through a third-party automated service provider.
Domain Masking Services. In the event that You don’t wish to display Your ownership of a particular domain in the publicly available WHOIS records, Tracer can provide domain masking services to hold those domains for You in trust through an affiliated or third-party proxy holder. As a condition of such service, You agree: (i) to use the Masking Service in good faith and not for any improper or illegal purpose, (ii) that the registration and use of Your domains does not infringe upon the legal rights of any third party, and (iii) that You will defend, indemnify, and hold harmless Tracer and any designated proxy holder from any Losses arising out of the use or registration of Your domain names or any disputes involving the intellectual property rights of a third party in Your domains. “Losses” shall include any claim, liability, or damages of any kind, including, without limitation, reasonable attorneys’ fees, expert fees, and settlement costs. Tracer may, in its sole discretion, and without liability to You (i) disclose Your identity and Contact Information when, in good faith we believe that to be required by law, in compliance with legal process, or otherwise necessary to address a potential claim of infringement or liability associated with Your masked domain name; (ii) resolve third party claims arising from Your use of the masked domains; (iii) terminate Your domain masking services and unmask Your domains, at any time following written notice to You, in response to repeated claims by third parties.
20.1 Notices. All notices under the Agreement shall be provided in English and shall be effective upon delivery by a national courier service to Your address set forth in the Portal and to Tracer at 508 S. 8th Street, Boise, ID 83702, with a copy to legal@Tracer.ai.
20.2 Survival. Any provision of the Agreement that contemplates performance or observance subsequent to termination or expiration of the Agreement (including, without limitation, the confidentiality, limitation of liability, and indemnification provisions and Your payment obligations) shall survive termination or expiration and continue in full force and effect thereafter.
20.3 Entire Agreement; Assignment. These Domain Terms, together with any Contract You may have with Tracer, shall constitute the entire agreement between You and Tracer and shall supersede all prior proposals, discussions and understandings between such parties. You may not assign any part of the Agreement without Tracer’s prior written consent, and all of the provisions of which shall inure to the benefit of and be binding upon, the successors and permitted assigns of the parties hereto.
20.4 Severability. Any provision in the Agreement that is held to be illegal or unenforceable in any jurisdiction shall be effective only up to the extent of such illegality or unenforceability and shall not invalidate the remaining provisions of the Agreement, all of which shall remain in effect. To the greatest extent possible, any illegal or unenforceable provision shall be restated to reflect the parties’ original intent.
20.5 Waiver. Either party’s failure to exercise, or delay in exercising, any right, remedy or power set out in the Agreement shall not operate as a waiver of that right, remedy or power, whether under the Agreement or at law or equity.
20.6 Force Majeure. We shall not be deemed to be in default of the Agreement, or to have breached any of its provisions, as a result of a delay, failure in performance, or interruption in the Services caused by from any circumstances beyond our reasonable control, including acts of god, acts of civil or military authority, civil disturbance, war, strikes, fire, governmental acts, pandemic, third-party network unavailability (including that of the Registries), and the interruption or failure of the internet of telecommunication facilities.
20.7 Governing Law. The Agreement shall be governed by and construed in accordance with the laws of the State of Delaware, without giving effect to any conflict of laws provisions, and any action arising out of or relating to these terms shall be filed only in state or federal courts located in the State of Idaho, with venue in Ada County, Idaho, and you hereby consent and submit to the personal jurisdiction of such courts for the purpose of litigating any such action.
20.8 Tracer Technology Protections. Tracer grants You a non-transferrable, non-exclusive, limited license to access and use the Tracer proprietary technology, and other confidential or proprietary information related to the Services, including without limitation the contents and formatting of the Tracer Portal (collectively, the “Tracer Proprietary Information”) solely during the Service Period. You acknowledge that Tracer owns and shall retain ownership of all right, title, and interest in the Tracer Proprietary Information, together with any improvements, modifications, or derivative works thereof (including any AI and ML derived from performing the Services). You will only use the Services to register and maintain Your domain names, and will not use the Services to enable or support the transmission of spam, unsolicited commercial solicitations, or for other marketing-related activities. You will not sell, resell, assign, license, transfer, distribute, duplicate or reproduce the Tracer Proprietary Information, nor allow any unaffiliated third party to have access to such information or the Services.
- Incorporated ICANN and Registry Policies
The following ICANN and Registry policies are incorporated herein:
© Copyright 2022 Focus, IP, Inc. (dba Tracer). All Rights Reserved.
gTLD / New gTLD Policies
- Donuts Policies
- Donuts Domains Protected Marks List (DPML)
- Minds + Machines Policies
- Minds + Machines Protected Marks List (MPML)
- Rightside Policies
- Rightside Domains Protected Marks List (DPML)
Incorporated ICANN Policies
- ICANN Mandated Registration Policies
- Registrant Educational Information
- ICANN Registrant Rights
- Restored Name Accuracy Policy
- Domain Name Dispute Resolution Policies
- UDRP Approved Providers
- UDRP Administrative Proceedings Rules
- ICANN Transfer Policy
- ICANN Registrar Transfer Dispute Resolution Policy
- gTLD Domain Name Life Cycle