Last updated on June 7, 2016.
Terms of Service
Personyms LLC ("Personyms") welcomes you to personyms℠, our exclusive personalized identity service. First and foremost we want you to be 100% happy and satisfied with all of the personyms℠ names and related products that you purchase from Personyms. We encourage you to please contact us at [email protected] at anytime if you have any questions or concerns relating to these products. We guarantee that we will do our best to resolve your questions as quickly and thoroughly as we can. We want you as our lifelong customer.
Please note that all personyms℠ name purchases are backed by our ninety day 100% money back guarantee. If you are in anyway unsatisfied with your purchase, and you cancel within the first ninety days, we will issue you a full refund. Period.
By using this service, or any other of Personyms' products, software, services or web sites ("Personyms services"), you agree to the following terms and conditions, and any policies, guidelines or amendments thereto that may be presented to you from time to time, including but not limited to Program Policies and Legal Notices (collectively, the "Terms"). We may update the Terms in the future, and you will be able to find the most current version of this agreement at https://www.personyms.com/terms_of_service.
1. USE OF SERVICES
Personyms LLC, its subsidiaries and affiliated companies, ("Personyms") offer Personyms services to you, provided that you are of legal age to form a binding contract and are not a person barred from receiving services under the laws of the United States or other applicable jurisdiction. In order to access certain services, you may be required to provide current, accurate identification, contact, and other information as part of the registration process and/or continued use of Personyms services. You are responsible for maintaining the confidentiality of your account password, and are responsible for all activities that occur under your account. You agree to immediately notify Personyms of any unauthorized use of your password or account or any other breach of security. Personyms cannot and will not be liable for any loss or damage arising from your failure to provide us with accurate information or to keep your password secure.
2. personyms℠ EMAIL AND DOMAIN NAME REGISTRATION AND RENEWAL
You agree that Personyms is the sole entity with authority to sell personyms℠ named products. personyms℠ named products consist of two distinct products: Personyms email addresses and Personyms domain names, which are, together henceforth in this agreement, referred to as the personyms℠ names. personyms℠ email names are names that preface Personyms-owned domains in an email address and take the form of any string of characters preceding the '@' symbol in the email address such as @ble.si. personyms℠ domain names are names that take the form of any string of characters preceding the '.' symbol in Personyms-owned domains and are marketed under the exclusive Personyms brand for personyms℠. You agree that Personyms is the sole owner of the personyms℠ domain name brands and service marks, that Personyms' date of first use of the personyms brand is 2015, and that you will support and help protect Personyms in its enforcement of this brand.
The registration and/or renewal of a personyms℠ name grants you a personal license to use the name for a period equal to the registration period.
Other than reserved names, we register personyms℠ names on a first come first serve basis. We do not guarantee the availability of any personyms℠ name you may wish to register or renew.
Personyms may, in our sole discretion, refuse to process your application for the registration or renewal of a particular personyms℠ name. Further, you understand and acknowledge that we may also delete the registration of any personyms℠ name which we have registered, at any time for any reason.
b. Expiration and Renewal
Keep good record of the expiration dates of all your registered personyms℠ names. It is your sole responsibility to ensure that all of your registered personyms℠ names are renewed prior to their expiration dates.
You agree that we are not liable for any claims of damage or loss arising from any failure to renew a personyms℠ name.
You understand and acknowledge that the renewal of a personyms℠ name is subject to payment of applicable fees prior to the name's expiration date and that it is your responsibility to ensure that these fees are paid.
If you do not renew a personyms℠ name on or before its expiration date, the name will no longer forward to the previously assigned forwarding email address or subdomain. The name will be held in your account at Personyms for ten (10) days following the expiration date ("Expiration Period") and you may renew the name at any time during this period by paying the applicable subscription fees and any past-due renewal fees. Once you have paid all the applicable fees, we will reinstate the name to resolve to the previously assigned forwarding address.
You acknowledge and agree that your right and interest in a personyms℠ name ceases at the end of the Expiration Period. At the end of this period, we may, in our sole discretion, release the name for registration or transfer it to a third party.
c. Transfer or Sale
You may transfer or sell your personyms℠ name to a third party provided the new registrant agrees to be bound by the personyms℠ Terms of Service and provided your account is in good standing. The new registrant will be responsible for ensuring the name is renewed prior to the name expiration date.
To avoid the unintentional expiration and loss of your personyms℠ name, Automatic Billing is the default setting for all new products and services. You acknowledge, agree and authorize Personyms to automatically bill or charge to your credit card, or other applicable payment type, renewal fees for successive terms of equal length for any and all services you have purchased from Personyms unless and until termination or cancellation by either party.
If you choose not to use ABE you may request we turn this off be contacting [email protected]
ABE will automatically renew the registration of any of your personyms℠ names or other services prior to the expiration date to avoid interruption in services. Notices will be sent to account contacts to advise of upcoming expiration and pending renewals. All products or services renewed by ABE will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register an personyms℠ name for a two year period, it will renew for another two year period. ABE will continue to successively renew your names as long as you do not change your account setting and your credit card on file remains valid.
For ABE to work, you must have a valid and un-expired credit card on file in your account settings. It is your responsibility to ensure that your credit card number is on file, is valid, current, not expired and active, and has adequate credit to fund the renewal transaction. If payment via the ABE fails due to the inability to secure payment, your domain(s), product(s) or service(s) may expire and you may lose your rights to use the domain(s) or any services for which you have registered.
3. FEES AND PAYMENT
Some Personyms services require payment of fees. All fees are stated in U.S. dollars. You shall pay all applicable fees, as described on the Personyms website in connection with such Personyms services selected by you, and any related taxes or additional charges. All fees are non-refundable unless expressly stated otherwise. You represent to Personyms that you are the authorized account holder or an authorized user of the chosen method of payment used to pay for the paid aspects of the Personyms services. All fee-based Personyms services and virtual goods are provided "AS IS" with no warranties of any kind. Personyms may modify and/or eliminate such fee-based Personyms services at its discretion.
If services are terminated prior to renewal date, Personyms will refund the unused portion of the paid annual fee. Personyms may modify, change, increase or decrease its fee structure for any of personyms℠, named products at its sole discretion. This includes the right of Personyms to increase pricing based on usage, number of users or data used within any personyms℠ domain name.
4. APPROPRIATE CONDUCT
You understand that all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials ("Content") are the sole responsibility of the person from which such Content originated. Personyms reserves the right, but shall have no obligation, to pre-screen, flag, filter, refuse, modify or move any Content available via Personyms services. You understand that by using Personyms services you may be exposed to Content that is offensive, indecent or objectionable, and that you use Personyms services at your own risk. In addition, there are commercially available services and software to limit access to material that you may find objectionable.
You agree that you are responsible for your own conduct and any Content that you create, transmit or display while using Personyms services and for any consequences thereof. You agree to use Personyms services only for purposes that are legal, proper and in accordance with the Terms and any applicable policies or guidelines. You agree that you will not engage in any activity that interferes with or disrupts Personyms services or servers or networks connected to Personyms services. To report any activity or Content that may violate the Terms, please email: [email protected]com.
In addition to this agreement, your use of some specific Personyms services is governed by the policies or guidelines specific to those services and which are specifically incorporated into this agreement.
You agree to comply with your company's data usage and privacy policies.
Users outside of the United States agree to comply with their own local rules regarding online conduct and acceptable content, including laws regulating the export of data to and from the United States or your country of residence.
You understand that the technical processing and transmission of Personyms services, including your Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks, devices or services.
6. PROPRIETARY RIGHTS
Personyms' Rights You acknowledge and agree that Personyms services and any necessary software used in connection with Personyms services ("Software") contain proprietary and confidential information that is protected by applicable intellectual property and other laws and treaties. You further acknowledge and agree that Content contained in sponsor advertisements or presented to you through Personyms services is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws. Except as expressly authorized by Personyms or other proper third party rights holders, you agree not to modify, rent, lease, loan, sell, distribute or create derivative works based on Content, Personyms services or Software, in whole or in part except as specifically authorized in a separate written agreement.
Subject to the Terms, Personyms grants you a personal, non-transferable and non-exclusive right and license to use the object code of its Software; provided that you do not (and do not allow any third party to) copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in the Software, unless such activity is expressly permitted or required by law or has been expressly authorized by Personyms in writing. You agree not to use modified versions of the Software, including (without limitation) for the purpose of obtaining unauthorized access to Personyms services. You agree not to access Personyms services by any means other than through the interface that is provided by Personyms for use in accessing Personyms services except as specifically authorized in a separate written agreement.
Except as expressly authorized by Personyms you agree not to use, copy, imitate, or incorporate any trademark, service mark, trade dress, company name, or product name in a way that is likely to cause confusion among consumers. You also agree not to remove, obscure, or alter Personyms' or any third party's copyright notice, trademarks, or other proprietary rights notices affixed to or contained within or accessed in conjunction with or through the Personyms services or Software.
Your Rights Personyms claims no ownership or control over any Content submitted, posted or displayed by you on or through Personyms services. You or a third party licensor, as appropriate, retain all patent, trademark and copyright to any Content you submit, post or display on or through Personyms services and you are responsible for protecting those rights, as appropriate. By submitting, posting or displaying Content on or through Personyms services which are intended to be available to the members of the public, you grant Personyms a worldwide, non-exclusive, royalty-free license to reproduce, adapt, modify, publish and distribute such Content on Personyms services for the purpose of displaying, distributing and promoting Personyms services. Personyms reserves the right to syndicate Content submitted, posted or displayed by you on or through Personyms services and use that Content in connection with any service offered by Personyms. Personyms furthermore reserves the right to refuse to accept, post, display or transmit any Content in its sole discretion.
You represent and warrant that you have all the rights, power and authority necessary to grant the rights granted herein to any Content submitted.
7. SOFTWARE AND AUTOMATIC UPDATES
Your use of any Software provided by Personyms will be governed by the Terms and any additional terms and conditions of the end user license agreement accompanying such Software. Personyms Software may automatically report version number or other diagnostic information and may automatically download upgrades to the Software to update, enhance and further develop Personyms services, including providing bug fixes, patches, enhanced functions, missing plug-ins and new versions.
8. POLICIES REGARDING COPYRIGHT AND TRADEMARKS
Personyms respects the intellectual property of others, and we ask our users to do the same. Personyms may, in appropriate circumstances and at its discretion, disable and/or terminate the accounts of users who may be repeat infringers. If you believe that your work has been copied in a way that constitutes copyright infringement, or your intellectual property rights have been otherwise violated, please provide Personyms' Copyright Agent the following information.
a. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
b. a description of the copyrighted work or other intellectual property that you claim has been infringed;
c. a description of where the material that you claim is infringing is located on the site;
d. your address, telephone number, and email address;
e. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law;
f. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright or intellectual property owner or authorized to act on the copyright or intellectual property owner's behalf; Personyms Agent for Notice of claims of copyright or other intellectual property infringement can be reached as follows:
By email: [email protected]
c/o Personyms LLC
916 N Damen Ave #1R
Chicago, IL 60622
9. GENERAL PRACTICES REGARDING USE AND STORAGE
You agree that Personyms has no responsibility or liability for the deletion or failure to store any Content and other communications maintained or transmitted by Personyms services. You acknowledge that Personyms may have set no fixed upper limit on the number of transmissions you may send or receive through Personyms services or the amount of storage space used; however, we retain the right, at our sole discretion, to create limits at any time with or without notice.
Upon the termination of your use of Personyms services, including upon receipt of a certificate or other legal document confirming your death, Personyms will close your account and you will no longer be able to retrieve content contained in that account.
10. PERSONAL NON-COMMERCIAL USE
You agree not to reproduce, duplicate, copy, sell, trade, resell or exploit for any commercial purposes, any portion of Personyms services, use of Personyms services, or access to Personyms services except as otherwise expressly provided in the Terms or as specifically authorized in a separate written agreement.
11. MODIFICATIONS TO SERVICE
Personyms reserves the right at any time and from time to time to modify or discontinue, temporarily or permanently, Personyms services (or any part thereof) with or without notice. You agree that Personyms shall not be liable to you or to any third party for any modification, suspension or discontinuance of Personyms services.
You may discontinue your use of Personyms services at any time. You agree that Personyms may at any time and for any reason, including a period of account inactivity, terminate your access to Personyms services, terminate the Terms, or suspend or terminate your account. In the event of termination, your account will be disabled and you may not be granted access to Personyms services, your account or any files or other content contained in your account. Sections 6 (Proprietary Rights), Sections 12 (Termination), 13 (Indemnity), 14 (Disclaimer of Warranties), 15 (Limitations of Liability), 16 (Exclusions and Limitations) and 19 (including choice of law, severability and statute of limitations), of the Terms, shall survive expiration or termination.
Some Personyms services are supported by advertising revenue and may display advertisements and promotions on the service. Such advertisements may be targeted to the content of information stored on the Personyms services, queries made through Personyms services or other information. The manner, mode and extent of advertising by Personyms on its services are subject to change. As consideration for your use of Personyms services, you agree that Personyms may place such advertising and that Personyms shall not be responsible or liable for any loss or damage of any sort incurred by you as a result of the presence of such advertisers on Personyms services or your subsequent dealings with advertisers.
Personyms services may provide, or third parties may provide, links to other World Wide Web sites or resources. Personyms may have no control over such sites and resources and you acknowledge and agree that Personyms is not responsible for the availability of such external sites or resources, and does not endorse and is not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources. You further acknowledge and agree that Personyms shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
You agree to hold harmless and indemnify Personyms, and its subsidiaries, affiliates, officers, agents, employees, advertisers, licensors, suppliers or partners, (collectively "Personyms and Partners") from and against any third party claim arising from or in any way related to your use of Personyms services, violation of the Terms or any other actions connected with use of Personyms services, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgments, litigation costs and attorneys' fees, of every kind and nature. In such a case, Personyms will provide you with written notice of such claim, suit or action.
16. DISCLAIMER OF WARRANTIES
YOU EXPRESSLY UNDERSTAND AND AGREE THAT:
a. YOUR USE OF Personyms SERVICES IS AT YOUR SOLE RISK. Personyms SERVICES ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. TO THE MAXIMUM EXTENT PERMITTED BY LAW, Personyms AND PARTNERS EXPRESSLY DISCLAIM ALL WARRANTIES AND CONDITIONS OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
b. Personyms AND PARTNERS DO NOT WARRANT THAT (i) Personyms SERVICES WILL MEET YOUR REQUIREMENTS, (ii) Personyms SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, (iii) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF Personyms SERVICES WILL BE ACCURATE OR RELIABLE, (iv) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION, OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH Personyms SERVICES WILL MEET YOUR EXPECTATIONS, AND (V) ANY ERRORS IN THE SOFTWARE WILL BE CORRECTED.
c. ANY MATERIAL DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF Personyms SERVICES IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR OTHER DEVICE OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL
d. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM Personyms OR THROUGH OR FROM Personyms SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY STATED IN THE TERMS.
17. LIMITATION OF LIABILITY
YOU EXPRESSLY UNDERSTAND AND AGREE THAT PERSONYMS AND PARTNERS SHALL NOT BE LIABLE TO YOU FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, GOODWILL, USE, DATA OR OTHER INTANGIBLE LOSSES (EVEN IF PERSONYMS OR PARTNERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES) RESULTING FROM: (i) THE USE OR THE INABILITY TO USE PERSONYMS SERVICES; (ii) THE COST OF PROCUREMENT OF SUBSTITUTE GOODS AND SERVICES RESULTING FROM ANY GOODS, DATA, INFORMATION OR SERVICES PURCHASED OR OBTAINED OR MESSAGES RECEIVED OR TRANSACTIONS ENTERED INTO THROUGH OR FROM PERSONYMS SERVICES; (iii) UNAUTHORIZED ACCESS TO OR ALTERATION OF YOUR TRANSMISSIONS OR DATA; (iv) STATEMENTS OR CONDUCT OF ANY THIRD PARTY ON PERSONYMS SERVICES; OR (v) ANY OTHER MATTER RELATING TO PERSONYMS SERVICES.
18. EXCLUSIONS AND LIMITATIONS
NOTHING IN THIS AGREEMENT IS INTENDED TO EXCLUDE OR LIMIT ANY CONDITION, WARRANTY, RIGHT OR LIABILITY WHICH MAY NOT BE LAWFULLY EXCLUDED OR LIMITED. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES OR CONDITIONS OR THE LIMITATION OR EXCLUSION OF LIABILITY FOR LOSS OR DAMAGE CAUSED BY NEGLIGENCE, BREACH OF CONTRACT OR BREACH OF IMPLIED TERMS, OR INCIDENTAL OR CONSEQUENTIAL DAMAGES. ACCORDINGLY, ONLY THE ABOVE LIMITATIONS IN SECTIONS 14 AND 15 WHICH ARE LAWFUL IN YOUR JURISDICTION WILL APPLY TO YOU AND OUR LIABILITY WILL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
19. NO THIRD PARTY BENEFICIARIES
You agree that, except as otherwise expressly provided in the Terms, there shall be no third party beneficiaries to the Terms.
You agree that Personyms may provide you with notices, including those regarding changes to the Terms, by email, regular mail, or postings on Personyms services.
21. GENERAL INFORMATION
Entire Agreement. The Terms (including any policies, guidelines or amendments that may be presented to your form time to time such as Program Policies and Legal Notices) constitute the entire agreement between you and Personyms and govern your use of Personyms services, superceding any prior agreements between you and Personyms for the use of Personyms services. You also may be subject to additional terms and conditions that may apply when you use or purchase certain other Personyms services, affiliate services, third-party content or third-party software.
Choice of Law and Forum. The Terms and the relationship between you and Personyms shall be governed by the laws of the State of Illinois without regard to its conflict of law provisions. You and Personyms agree to submit to the personal and exclusive jurisdiction of the courts located within the State of Illinois.
Waiver and Severability of Terms. The failure of Personyms to exercise or enforce any right or provision of the Terms shall not constitute a waiver of such right or provision. If any provision of the Terms is found by a court of competent jurisdiction to be invalid, the parties nevertheless agree that the court should endeavor to give effect to the parties' intentions as reflected in the provision, and the other provisions of the Terms remain in full force and effect.
Statute of Limitations. You agree that regardless of any statute or law to the contrary, any claim or cause of action arising out of or related to use of Personyms services or the Terms must be filed within one (1) year after such claim or cause of action arose or be forever barred.
The section headings in the Terms are for convenience only and have no legal or contractual effect.