Domains Terms
Last Updated May 6, 2014
Services
Upon the Customer's request during the activation process, and further subject to this Agreement, OtherPeoplesPixels will register one (1) Internet domain name or renew the Customer's registration of one (1) existing domain name (the “Domain Name”), on behalf of the Customer, with a registrar selected by OtherPeoplesPixels.
The Registrar for the Services is Namecheap. All new and subsequent renewals of those registrations will be subject to Namecheap's terms and conditions, located at Namecheap (the “Domain Registrar Terms”).
General Terms
Your use of the Services provided by OtherPeoplesPixels serves as your consent to the terms of this Agreement. OtherPeoplesPixels may, from time to time, update and amend this Agreement, usually to clarify or modify existing obligations and policies. You should visit this page from time to time to review any changes, and OtherPeoplesPixels is under no obligation to notify you of any changes made to this Agreement.
This Agreement applies only to certain TLD's (.com, .org, .net, .biz, .info, .us). OtherPeoplesPixels cannot assure domain name availability.
We will purchase the requested domain on the User's behalf and will place the registration in the name of OPP Customer or OtherPeoplesPixels Customer, with the address as our business address for the duration of the time the User subscribes to our Services. We will not purchase WHOIS guard as part of the domain purchase.
If you come to OtherPeoplesPixels services already owning your domain, OtherPeoplesPixels is in no way responsible for anything related to that domain's registration.
Term and Renewals
The Term of this Agreement is twelve (12) months. On the day prior to the renewal date of your domain name, if you are an actively paying Customer, and our renewal of your domain is successful, this Agreement will be extended for an additional twelve (12) months.
If you do not wish to continue service for a domain name beyond its current period, you must explicitly cancel the service, as per our Terms of Service. Instructions on account cancelation can be found here.
Billing, Refunds and Contact Information
OtherPeoplesPixels registers the domain in the name of OPP Customer while you are a Customer of ours. Should your account become inactive during the first thirty (30) days of your account opening with us, your refund will be reduced by ten ($10) Dollars, for the domain registration fee.
Maintaining accurate and current billing information, including billing email address, is a mandatory condition of maintaining your OtherPeoplesPixels account. If you do not maintain current credit card information in your OtherPeoplesPixels account, we may cancel your services without further notice. If your billing information is not current, we will not renew your services, and this Agreement will terminate on the last day of the then current term. Your right and title to your domain name also allows you to transfer your domain name to another party. Regardless of the identity of the registrant or any other contact information in your domain name records, any domain name registered through OtherPeoplesPixels using your OtherPeoplesPixels account is covered by the terms of this Agreement. You are responsible for ensuring that the terms of this Agreement are met.
OtherPeoplesPIxels needs to be able to contact you easily and quickly. You are responsible for ensuring that OtherPeoplesPixels has accurate and current contact and billing information for you, including your current billing e-mail address, your full and real name, postal address, and telephone number. If you need to reach OtherPeoplesPixels, you may contact us at support@otherpeoplespixels.com
Control & Ownership
The domain is in the control of OtherPeoplesPixels for the duration of the time the User subscribes to our Services. If at any time User wish to gain control of the domain name, User may request instructions on how to do so by contacting support@otherpeoplespixels.com. Once the domain is placed in the User's control, the User immediately become responsible for maintaining the domain registration. We are not liable for any domain that is lost due to the User not maintaining the registration requirements.
Limit of Quantities Purchased
Each user is permitted only one domain to be connected to our Services per account. Our fee covers the registration of only one domain per account. If the User requests a domain change and the original domain was purchased by Us, it is the User's responsibility to request control of the original domain. OtherPeoplesPIxels will not renew the registration of the original domain. If the User does not take control over the domain, its registration will lapse naturally. We are not be liable for any damages or loss associated with the loss of control of the original domain.
If the User authorizes us to purchase an additional domain on the User's behalf as the result of a domain change request, we will purchase one (1) domain as requested by the User with the same terms as outlined in this section.
Cancellation & Termination
The domain is yours to keep, provided you have officially canceled your account with us by the requisite period of time required by us to give you control of the domain, and you comply with the requirements necessary to take control and ownership of the domain prior to the account and domain expiration date. Instructions for domain ownership transferal can be found here. Instructions on account cancelation can be found here.
OtherPeoplesPixels can also end this Agreement at any time and for any reason. If you terminate this Agreement, you will not receive a refund for any fees already paid. If OtherPeoplesPixels terminates this Agreement, we will provide you with written notice via email only, to the billing email address on file, which you are required to maintain and keep up to date. If the billing email address on file is out of date, OtherPeoplesPixels is not responsible for any inability to reach you.
You may not transfer a domain name from Namecheap to another registrar within 60 days of registration.
Recovering an Expired Domain
It may or may not be possible to renew a domain name after its expiration. OtherPeoplesPixels has the sole and final word in determining when a domain name can be renewed post-expiration and what fees will be applicable. Renewal of a domain name after its expiration is subject to a recovery fee of $200 (two hundred) US Dollars plus any applicable renewal fees and taxes.
If you forfeit a domain name for non-payment, OtherPeoplesPIxels will have the right, in its sole discretion, to register and use the domain name for its own purposes, sell or transfer the domain name to a third-party or delete the domain name and allow any new registrant anywhere in the world to register the domain name anew. Further, you agree that OtherPeoplesPixels may charge the credit card you have on file with Squarespace to recover any amounts outstanding on your account.
Complaints & Legal Issues
Occasionally, domain name registrations become the subject of a legal challenge. If OtherPeoplesPixels is made a party to any legal action by virtue of one of your domain name registrations, you agree to be responsible for all of OtherPeoplesPixels’ costs and legal fees and to indemnify and hold OtherPeoplesPixels harmless from any action. If OtherPeoplesPixels is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, OtherPeoplesPixels may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your registration records and/or (b) deposit control of your registration record with the appropriate judicial entity by supplying a registrar certificate from us.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Agreement and any breach of this Agreement is solely limited to the amounts you have paid deeperbydesign, inc. d/b/a OtherPeoplesPixels and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. 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 extent permitted by law.
We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your service.You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or 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.
Disclaimer of Warranties
You agree that your use of our services is solely at your own risk. You agree that such services are provided on an “as is,” “as available” basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement.We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of 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 the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.