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1. Acceptance of Terms 

Please read these Universal Terms of Use (“TOU”) carefully as they govern your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”). These TOU are in addition to (not in lieu of) any specific terms and policies that apply to the Services you purchase or access through the Site, which terms and policies are incorporated herein by reference. The TOU and specific terms and policies referenced herein are collectively the “Agreement”.

As used herein, “Aplus.net”, “Aplus”, “we”, “us”, “our” or “ours” refers to Deluxe Small Business Sales, Inc. and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.

We reserve the right to make changes to the Site, the Services and these TOU at any time without prior notice to you. You should therefore review these TOU each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by Aplus your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance Aplus’ Service offerings will be subject to this Agreement.

Additional Deluxe Terms of Use, Service Agreements and Policies

Terms Applicable to Website Services

Website Design

Shared Hosting

Email Marketing

Mobile Website Services

Terms Applicable to Domain Services

Domain Name Services Agreement

Registrant Rights and Responsibilities

Domain Name Renewal and Redemption Policy

Domain Name Dispute Policy (UDRP)

WHOIS Privacy Services

Terms Applicable to Other Business Services

Search Engine Marketing & Optimization

Fax-to-Email

Other Applicable Policies

Anti-Spam Policy

Acceptable Use Policy

Subpoena Policy

Copyright Infringement Policy (DMCA)

Notification of Claimed Infringement Form

Privacy Policy

2. Use of the Site

Monitoring
Aplus randomly monitors telephone calls, chat and forum postings in order to enhance the professionalism of our staff.

You are granted permission to access and use this Site and its Content (as defined below) for the sole purpose of preparing, evaluating, and purchasing Aplus’ products and Services through the Site. No other download, retention, use, publication, or distribution of any portion of the Content is allowed.

Aplus assumes no liability or responsibility for any inaccuracies, errors or omissions in any Content. Aplus also assumes no responsibility and shall not be liable for any damages to, or viruses that may infect, your computer equipment or other property on account of your access to, use of, or browsing on the Site or your downloading any materials data text or images from the Site.

You agree to use this Site and our products and Services in a responsible manner that is in compliance with these TOU and your local laws and regulations, including export and import regulations. You agree that you will not use the Site or any of our products of Services to produce products that are offensive, unlawful, harassing, libelous, threatening, harmful, obscene, malicious or otherwise objectionable or in breach of this Agreement. We reserve the right to terminate Your Account and suspend service to you for violations of this section.

By accessing, using and placing orders on the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, If you are agreeing to these TOU or any of our other Service Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.

By accessing, using and placing orders on the Site, you warrant that you have all necessary permission, right and authority to do so and you authorize Aplus to produce the products you order. You also agree to be bound by these TOU, our Privacy Policy and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference.

Any communication or material you transmit to the Site by electronic mail or otherwise, including any data, questions, comments, suggestions, or the like is, and will be treated as, non-confidential and non-proprietary, except as required by law and our Privacy Policy. Anything you transmit or post may be used by us or our affiliates for any purpose, including but not limited to reproduction, disclosure, transmission, publication, broadcast and posting. Furthermore, we are free to use, without limitation or restriction, any ideas, concepts, know-how or techniques contained in any communication you send to or through the Site for any purpose whatsoever, including but not limited to developing, manufacturing and marketing products and Services using such information.

3. Your Account, Password and Security

In order to transact a purchase on the Site you must first complete our registration process where you will provide us with your billing and contact information (“Your Account”). You agree to provide and maintain accurate, current and complete Your Account information about you, and any entity on whose behalf you order products or Services.

You are responsible for maintaining the confidentiality of Your Account and are responsible for all activities that occur and orders that are placed under Your Account. You will immediately notify us of any unauthorized use of Your Account or any other breach of security, and ensure that you exit from Your Account at the end of each session. We may suspend or terminate Your Account upon notice to you in the event that we reasonably determine that Your Account has been involved in a violation of this Agreement. You will cooperate with us with respect to investigations by us of any suspected or alleged violation of this Agreement and any action undertaken by us to enforce this Agreement. You will be liable for the losses incurred by us or others due to any unauthorized use of Your Account. Aplus will not be liable for any loss or damage arising from your failure to comply with this section.

4. Notice

We may provide communications and notices to you by means of a general notice on the Site or by email to the address on record in Your Account or by written communication sent by first class mail or prepaid post to your address on record. Such notice shall be deemed effective within forty-eight (48) hours of transmission by mail or within twelve (12) hours of transmission by email or by notice on the Site. You may withdraw your consent to receive electronic communications however doing so may also require that you discontinue your use of the Services. You may provide notice to us by sending an e-mail to support@aplus.net or by sending a written notice by first class mail or prepaid post to: Attention: Customer Service, Aplus.net, 3680 Victoria Street North, Shoreview, MN 55126. Such notice shall be deemed effective when received by us.

5. Third Party Information and Links to Other Websites

The Site and/or the Services may contain products, services, content, information and links to and from third party providers (such as advertisers and affiliates) and their websites ("Third Party Information"). You may be subject to additional and/or different terms, conditions, and privacy policies when using or accessing Third Party Information. Aplus is not responsible for, disclaims all liability for and makes no representations or warranties for Third Party Information. Although we do not have an obligation to do so, we reserve the right to pre-screen Third Party Information.

6. Intellectual Property

You should assume that everything you see or read on the Site is copyrighted unless otherwise noted and may not be used except as provided herein without our prior written permission. Except as noted otherwise in the text of the Site, the trademarks, logos, service marks, text, images and all other copyrightable materials displayed on the Site and available for use with the products or Services constitute intellectual property owned by Aplus or which Aplus has the right to use on the Site (the “Content”). Nothing herein grants you any license or right, by implication, estoppel or otherwise, to use any Content without our prior written permission. Unauthorized use of the Content or any other content on the Site is strictly prohibited. You acknowledge that Content is being provided merely as a convenience and accommodation to you on an “AS IS” basis without warranty of any kind.

6(a). Terms Applicable to Digital Content

Some of our products may contain and some of our Services may provide you with images, photographs, templates, animations, video, audio, music, text, supplemental software, "applets," and "online" or electronic documentation (together called the "Digital Content"). You may use, modify and publish the Digital Content in accordance with these terms. The copyright and all other intellectual property rights to the Digital Content shall remain with us or our licensors and you acknowledge that Digital Content may be used by other Aplus customers. If we notify you that certain components of the Digital Content may no longer be used (for whatever reason), then such components cannot be used as part of a web site design or template layout, nor can they be used in any other larger work. If you receive such notification, you agree to cease using and destroy all copies of those components of the Digital Content identified by us in your possession or control.

Permitted Uses
During the Term, you may incorporate Digital Content into your own original work and publish your work in a web site provided that the Digital Content is not able to be downloaded or saved by others.

Unauthorized Uses
You may not:
a. Use the Digital Content in web page design where the Digital Content is in a format designed or intended for storage or re-use by others;
b. Use or permit the use of the Digital Content or any part thereof as a trademark or service mark, or claim any proprietary rights of any sort in the Digital Content or any part thereof;
c. Use the Digital Content with images of identifiable individuals, products or entities in a manner that suggests their association with or endorsement of any product or service;
d. Create scandalous, obscene, defamatory or immoral works using the Digital Content, nor use the Digital Content for any other purpose which is prohibited by law;
e. Translate, reverse engineer, decompile, or disassemble the Digital Content or any Services;
f. Rent, lease, assign, transfer or redistribute the Digital Content or a copy thereof, to another person or legal entity; or
g. Use the Digital Content in a manner that violates this Agreement.

7. Notice Specific to Documents Available on this Site

You are granted permission to use documents provided on the Site such as white papers, data sheets and FAQs (“Documents”) provided that the content contained therein including any copyright notice is not altered or removed. Use of such Documents is for informational and non-commercial or personal use only and shall not be copied or posted on any network computer or broadcast in any media.

8. Materials Provided by You

In connection with your use of the Site and the purchase of products or Services made available through the Site, you may provide us with text, images, photographs, graphics, sound, video and other information for inclusion (“User Content”). You may also have the ability to view, post, publish, share, store or manage User Content via the Site or the Services. All such comments and postings are public, not private, communications.

You warrant and represent that you have all necessary right to provide User Content and that it does not violate the intellectual property rights or any other rights of any third party. You grant us a worldwide, royalty-free and non-exclusive license (including moral rights) to use, distribute, reproduce, modify, adapt, publicly perform and publicly display User Content in order to provide products and Services to you or in connection with your use of our websites and Services.

Although we are not obligated to pre-screen User Content, we reserve the right to do so or to refuse or remove any of User Content that, in our sole discretion, violates these TOU, our Acceptable Use Policy or is otherwise objectionable in our sole discretion.

You agree to back-up all of your User Content so that you can access and use it when needed. Aplus does not warrant that it backs-up User Content, and you agree to accept as a risk the loss of any and all of your User Content. You agree to indemnify and hold Aplus and its subsidiaries and affiliates and its and their officers, directors, employees, partners and agents, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of our use of User Content.

9. Purchases of Products and/or Services; Transfer of Title

Prices are F.O.B. shipping point. This means that the risk of loss and title for products you order from us pass to you upon our delivery to the carrier. For any product that is to be provided to you in an electronic format, delivery shall be deemed to have occurred either (a) at the time we transmit the product via email or other electronic communication addressed to you, or (b) at the time we transmit a notification to you that the product is available for downloading from the Site. State sales tax will be added to your order where applicable.

10. Fees and Payments

If a Service is offered with a special promotion price or period offered by us, you agree that all subsequent periods after the initial promotion period, will be billed at the then stated list price for the service.

Late Fees and Penalties
We reserve the right to charge late fees of, e.g. 1% per month (18%, annually) or 6% of the amount due plus $10 per month for amounts not timely paid. Customer will be responsible for all reasonable expenses (including collection and reasonable attorneys' fees) incurred by us in collecting such amounts.

11. Term and Termination

The term and termination provisions of this Agreement and any applicable Services terms of use vary according to the Services selected by you when ordering and will be presented to you during the Services selection and ordering process Aplus reserves the right in its sole discretion to immediately terminate the Service for reasonable cause, including but limited to: (i) non-payment to us; (ii) failure to meet our credit requirements; (iii) non-compliance with any of the provisions of this Agreement or any Services terms of use; (iv) requests by law enforcement or other government agencies; (v) our ceasing to offer the Service; (vi) our inability to verify or authenticate any information you provide to us; or (vii) our conclusion, in our sole discretion, that your use of or access to the Service may result in liability to us. In the event of default by you, any and all payments required to be made to us by you shall be due and payable immediately. Termination of this Agreement shall not relieve you from any liability, including amounts owing, accrued prior to the time that such termination becomes effective.

12. Trial Offers

Some of our Services are offered on a free or limited trial basis. Unless otherwise stated, limit one free or limited trial offer per person or entity during any one-year period. If you do not cancel your trial subscription during the offer period, we will charge the credit card you provided during the registration process of the applicable monthly subscription fee.

13. Disclaimer of Warranties

The Site and the products and Services available via the Site are provided by use on an “AS IS” and “AS AVAILABLE” basis. Therefore you understand that your use of the Site and the products and Services is at your sole risk. To the fullest extent permissible pursuant to applicable law, Aplus and its and their subsidiaries and affiliates and its and their officers, directors, employees, agents, partners and licensors 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.

Aplus and its affiliates and its and their officers, directors, employees, agents, partners and licensors do not warrant or make any representation regarding any content we provide including its availability, accuracy, spelling or grammar, or that your use or the results of your use of our products or Services in terms of effectiveness, accuracy or reliability, will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner. Aplus shall be permitted from time to time to interrupt any Service in order to provide maintenance affecting that Service.

We will replace any Aplus-manufactured product found to contain printing errors caused by Aplus or to be defective in workmanship or materials. While Aplus takes care in the manufacture of such products, it is commercially impossible to detect all errors and imperfections. Therefore, no other warranty is given, and all affirmations, samples or models made or shown are for illustrative purposes only. Please note that we do not proof orders created by you prior to processing and we cannot be responsible for spelling, punctuation, grammatical or design errors made by you, or for inferior quality of images uploaded by you. Therefore please preview your selections carefully and correct any mistakes prior to placing your order.

14. Limitation of Liability

Aplus is not responsible or liable for the deletion, correction, destruction, damage, loss or failure to store or maintain any of Your Account data or Your Content. Aplus and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors will not be liable to you for any special, direct (with respect to your use of the Site only) indirect, incidental, consequential, punitive, reliance or exemplary damages, including without limitation losses or liability resulting from (i) loss of data, loss of revenue, anticipated profits, or loss of business opportunity; (ii) the accuracy, completeness or content of the Site, Services or any Third Party Information, (iii) personal injury or property damages; (iv) any unauthorized use of or access to the Site, the Services, any of our servers including, without limitation, any User Content or data including personal and/or financial information stored thereon; (v) any interruption or cessation of Services related to the Site or third party sites; any viruses, worms, bugs or the like which may be transmitted to or from the Site of any third party site ; (vi) any User Content or conduct that violates our Acceptable Use Policy or any other applicable policy; (vii) any loss or damage of any kind resulting from your use of, or inability to use, the Site or the Services made available through the Site or any act or omission by Aplus, even if advised of the possibility of such damages.

Aplus’ liability and your exclusive remedy related to non-performance of any Service shall be: (i) repair, replacement or adjustment of the product or Service, or (ii) where repair, replacement or adjustment is not practicable, an equitable credit not to exceed the charges invoiced to you for the portion of the product Service which were non-performing.

For any product or Service we provide to you, the aggregate liability of Aplus and its affiliates and agents and its and their officers, directors, employees, agents, partners and licensors, whether in contract, tort or any other theory, will not exceed an amount greater than the purchase price of the product or Service actually paid to Aplus. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Aplus’ aggregate liability will be limited to the fullest extent permitted by applicable law. Any cause of action arising out of or related to the Site or the Services must be commenced within one (1) year after the cause of action arises or any such action will be permanently barred.

15. Indemnification 

You shall indemnify, defend and hold Aplus and its affiliates and its and their officers, directors, employees, shareholders, agents, affiliates, licensors and subcontractors harmless from any claim, costs, losses, damages, liabilities, judgments and expenses (including reasonable attorneys fees), arising out of or in connection with any claim, action or proceeding (collectively, "Claims") arising out of or related to any act or omission by you in using the Site or any product or Service ordered via the Site including but not limited to your violation of the Agreements terms of use or policies found on the Site or infringement of any third party proprietary rights by you.

16. Jurisdiction and Governing Law

Unless otherwise noted in any applicable Agreement, this Agreement, the Services and all matters arising out of or relating thereto will be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the products or Services offered via the Site will be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

17. General Support Services

Aplus shall not be responsible for failure or delay of performance if caused by an act of war, hostility, or sabotage, acts of God, electrical, internet, or telecommunication outage that is not caused by us, government restrictions (including the denial or cancellation of any export or other license), or other events beyond our reasonable control.

Aplus will provide you with phone support at no additional charge for technical questions and issues relating to your use of the Site. You may contact our support services by dialing 855-791-8966, option 2. 24 hours a day, 7 days per week or emailing us at support@aplus.net. Our mailing address is Aplus.net, 3680 Victoria Street North, Shoreview, MN 55126.

All sections of this Agreement which, by their nature, should, shall survive termination including payment, indemnity and the disclaimers of warranty and limitations of liability.

18. Transfer of Personal Data Outside the European Union

Deluxe Small Business Sales, Inc. makes no representations that Aplus products and services are appropriate for use in other locations outside of the United States. If you use Aplus products and services in or from locations outside the United States, you are responsible for compliance with all applicable laws and regulations. If you are located within the European Union or are using the personal data of European Union data subjects in conjunction with Aplus products and services, the model contract clauses located at https://www.aplus.net/european_commission will apply and are incorporated herein by reference.

Website Design Services Terms of Use

Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any. By using our website design Services you acknowledge that you have read and understand the Universal Terms of Use, in particular Section 6, Intellectual Property and Digital Content.

1. Our Obligations 

Once you have submitted all User Content to us, provided you do not request additional changes, modifications, customized designs or similar non-standard work (“Custom Modifications”), we will furnish to you a website (“Created Website”).

Aplus will assign you an Internet Protocol (“IP”) address, which will remain under our control and ownership. You will have no right to use the IP address except as allowed by us, and we reserve in our sole discretion the right to change or remove any and all IP numbers and addresses.

Aplus does not have a duty to and does not generally screen or edit content or links originating from your website, but we reserve the right to refuse Service, monitor or to remove, without notice, any content or links which, in our sole discretion or that of a court or regulatory agency, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Universal Terms of Use, Anti-Spam or Acceptable Use policies or any other terms provided to you.

2. Your Obligations 

You agree to deliver the User Content no later than five (5) days following the date you sign up for the Services (“Website Content Delivery Period”). In the event that the User Content has not been received following the expiry of the Website Content Delivery Period, the Created Website will be provided to you with generic website content that, in our reasonable opinion, is related to your industry.

For a period of 30 days following the date that the Created Website was delivered to you, you will be permitted to request three (3) minor revisions to the Created Website. If you request Custom Modifications, we will furnish to you the Created Website at a time designated by us.

You will use the Created Website as one website only, displayed at a single IP address for the single purpose specified originally to us. You may create one duplicate of the Created Website for back-up purposes.

You are responsible for the content of the website that you provide to us, including without limitation, its accuracy and truthfulness and for ensuring that it does not contain any spelling or grammatical errors or infringe upon the rights of any third party. This applies to content created by us at your direction for inclusion on the Created Website that has been reviewed and approved by you. You agree not to store, link to, transmit, advertise or make available any website content is illegal, misleading, or obscene, or is otherwise in breach of these Terms of Use, our Universal Terms of Use or Acceptable Use Policy or any other terms provided to you.

Notwithstanding anything in this agreement, all website content is your sole responsibility. you agree to indemnify, defend and hold harmless aplus its affiliates from any and all claims, including without limitation, misappropriation of any copyright, patent, trademark, trade secret, data, music, image, or other proprietary or property right, false advertising, unfair competition, defamation, business or personal dispute or argument, invasion of privacy or rights of celebrity, violation of any anti-discrimination law or regulation, or any other right of any person or entity, or any personal or business argument or dispute losses, damages, liabilities, judgements, or settlements, including reasonable legal fees, costs, and other expenses incurred by us , related to or in connection with this agreement. the terms of this section will survive any termination of this agreement.

If you require help desk support from us, please contact us.

3. Archiving on Termination

You acknowledge and agree that once the Service is terminated your website will be archived for 30 days. If the amounts due and payable hereunder are not paid by the end of the archive period, your website will be erased. Aplus will not be responsible for any errors, loss of information or any other mishap that may occur following the first non-payment. Retrieval of the website from the archive will be on a best-effort basis. Users visiting your website during the archive period will see an error or substitute message window until the amounts due and payable hereunder have been paid.

4. Sample Website Privacy Policy

All Websites should contain a link to a privacy policy which accurately conveys the information collection and usage practices of the company represented on the site (similar to the example below). If you currently have a privacy policy applicable to your Website users, please provide it to us. If you do not, you are advised you to consult with a privacy/legal expert to help you create a privacy policy that meets the requirements applicable to your situation. We provide you with the following template for use as a starting point.

Sample Privacy Policy

This Privacy Policy applies to all personally-identifiable information supplied by individuals using this website. The following statements will help you understand the collection, use, and safeguards of the information you provide through this website. The terms “we”, “our”, and “us” in this Privacy Policy refer to <<your business name>>.

Understanding the Basics on Information Collection and Use.

WHY? The information you supply on this Website may be used by us to respond to your request for information and to communicate with you about our products, services and future promotions. We will not share, rent, or sell your information to third parties for them to market their products and services to you.

WHAT? We may request that you voluntarily supply personal information for purposes such as receiving correspondence, registering on a website, or participating in online surveys or market research. If you elect to participate, you may be asked to provide information, including your name, mailing address, phone number, or e-mail address. When you submit personal information via this Website, you understand and agree that we may access, store, and use your information.

HOW? Information you provide will be safeguarded according to industry-standard security and confidentiality because we recognize and appreciate the importance of responsible use of the information you choose to provide. We will take reasonable steps to ensure that third party service providers protect your information and keep it confidential.

Online Privacy and Security Information. We apply industry-standard security measures to protect against the loss, misuse, and alteration of information you provide on this Website.

Cookies are small pieces of information that are stored by your Web browser on your computer’s hard drive. A cookie may contain information (such as a unique user session ID) that is used to track the pages of the Websites you’ve visited. This Website uses cookies, but we do not store personally identifiable information in your cookies.

Children Visiting our Website. This Website is directed at adults. We do not knowingly collect or use information from children. Should children access this Website, we are confident that parents will not deem any of the information provided as objectionable for viewing. If you are under 18, you may use this Website only with the involvement of a parent or guardian.

Contacting Us; Changes to Terms. By using this Website, you consent to this posted Privacy Policy. If you do not agree with this policy, please do not use this Website. We reserve the right, at our discretion, to change, modify, add, or remove portions of this policy at any time. Your continued use of this Website following the posting of changes to these terms means that you accept these changes.

If you have questions regarding this Privacy Policy, the practices of this Website, to update your information, or to express opt-out preferences please contact: <<insert customer name and contact information>>.

Uniform Domain Name Dispute Resolution Policy

Aplus’ Universal Terms of Use, Domain Name Service Agreement and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Domain Name Service Agreement and purchase order, if any.

This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned Names and Numbers ("ICANN") sets forth the terms and conditions that govern disputes between you and any party other than us (the registrar) over the registration and use of an Internet domain name registered by you using our Service.

Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/en/dndr/udrp/policy.htm and the selected administrative-dispute-resolution service provider's supplemental rules.

1. Your Representations

By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.

2. Cancellations, Transfers and Changes

We will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:

1. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions from you or your authorized agent to take such action;
2. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; and/or
3. our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.)

We may also cancel, transfer or otherwise make changes to a domain name registration in accordance with the terms of your Registration Agreement or other legal requirements.

3. Mandatory Administrative Proceeding

This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at www.icann.org/udrp/approved-providers.htm (each, a "Provider").

1. Applicable Disputes. (a) You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that
   (i) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and
   (ii) you have no rights or legitimate interests in respect of the domain name; and
   (iii) your domain name has been registered and is being used in bad faith.
   In the administrative proceeding, the complainant must prove that each of these three elements is present.
2. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence of the registration and use of a domain name in bad faith:
   (i)circumstances indicating that you have registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise transferring the domain name registration to the complainant who is the owner of the trademark or service mark or to a competitor of that complainant, for valuable consideration in excess of your documented out-of-pocket costs directly related to the domain name; or
   (ii)you have registered the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that you have engaged in a pattern of such conduct; or
   (iii)you have registered the domain name primarily for the purpose of disrupting the business of a competitor; or
   (iv) by using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your web site or other on-line location, by creating a likelihood of confusion with the complainant's mark as to the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service on your web site or location.
3. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. Any of the following circumstances, in particular but without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented, shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph 4(a)(ii):
   (i)before any notice to you of the dispute, your use of, or demonstrable preparations to use, the domain name or a name corresponding to the domain name in connection with a bona fide offering of goods or services; or
   (ii)you (as an individual, business, or other organization) have been commonly known by the domain name, even if you have acquired no trademark or service mark rights; or
   (iii)you are making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to misleadingly divert consumers or to tarnish the trademark or service mark at issue.
4. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except in cases of consolidation as described in Paragraph 4(f).
5. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the "Administrative Panel").
6. Consolidation. In the event of multiple disputes between you and a complainant, either you or the complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes that are being consolidated are governed by this Policy or a later version of this Policy adopted by ICANN.
7. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the complainant.
8. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
9. Remedies. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
10. Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
11. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

4. All other Disputes and Litigation

All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.

5. Our Involvement in Disputes

We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.

6. Maintaining the Status Quo

We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.

7. Transfers During a Dispute

7.1   Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.

7.2   Changing Registrars. ou may not transfer your domain name registration to another registrar during a pending administrative proceeding for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

8. Policy Modifications

We reserve the right to modify this Policy at any time with the permission of ICANN. We will post our revised Policy at least thirty (30) calendar days before it becomes effective. Unless this Policy has already been invoked by the submission of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any domain name registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole and exclusive remedy is to cancel your domain name registration with us, provided that you will not be entitled to a refund of any fees you paid to us. The revised Policy will apply to you until you cancel your domain name registration.

Shared Hosting Policy

1. Purpose, Acceptance of Terms 

This Shared Hosting Agreement, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business or Aplus (“Deluxe”, “Aplus”, “Registration Service Provider”, “we”, “us”, “our” or “ours”) and the customer purchasing domain name registration services (“Services”), together with any company or other business entity you are representing, if any (“you”, “your” or “yours”).

Deluxe’s general Terms of Use and Privacy Policy, available at www.aplus.net, and the documents and policies referred to herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below.

Purpose, Acceptance of Terms
 Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any.

Bandwidth and Space Usage
 Aplus will allow your selected shared hosting plan bandwidth and web space, including unlimited plans, to be used by you as long as your use is in compliance with this Agreement, our Universal Terms of Use and any other purchase order or applicable policies. If we believe your usage of the Services impedes the performance of other users within the shared hosting environment, we reserve the right to disable your Services or request adjustments to bandwidth or space usage.

Account Sharing
 Account sharing is only permitted when used in conjunction with our hosting plans. Aplus reserves the right to immediately terminate accounts, without compensation to you, that (either do or attempt to) share the web space with others or subdivide and resell the web space.

Excluded Services
 Aplus reserves the right to discontinue and terminate your Service, without compensation to you, if your web site is involved in any of the following: pornographic sites, intellectual property violations, pirated software (warez), pirated music and web sites, those whose primary business is web advertisement, or any website which violates any law or regulation, these terms of use, our Universal Terms of Use, Acceptable Use Policy and any other applicable terms.

Online Subscription
 By accessing our Site and/or using the Service, you are agreeing to an on-line, paperless subscription for the Services. You acknowledge that all the information that you submit on-line is true and correct and will be maintained and updated by you as needed to keep the information current. Aplus will have no liability to you as a result of your failure to maintain current subscription information. You agree that the act of signing up for your Services online or clicking to agree is equivalent to your signature. Aplus will bill you for your Services, in accordance with the billing period.

Quality of Services
 Although Aplus will make reasonable efforts to provide quality and uninterrupted services this is not guaranteed. We will not be responsible for any damages that a Service interruption may cause to you or to third parties. You are responsible for the usage of your account and any consequences of this usage. You are also responsible for providing routine electronic back-ups for all data stored on our systems to prevent loss or corruption which includes, but is not limited to, emails and website content.

Service and Fees and Additional Charges
 You agree to pay for the Services and for additional fees that may be assessed for heavy traffic and excessive space fees. Aplus will notify you in the event these fees are incurred. You agree to pay by credit card or other such method as mutually agreed upon. You agree to provide updated credit card and account information online, as may be needed or requested, and in case your card is declined. You understand that non-payment will result in automatic hold on your account. During the hold period, your web site will not be accessible. The account will be reactivated after payment is received in full. Credit card accounts will be automatically renewed unless notified prior to expiration date of Service.

Domain Name Registration and Fees
 Based on availability, Aplus will register the domain name(s) as submitted in the subscription/application form in accordance with our standard policies and business practices. The first year of domain registration fees for a domain(s) is set forth in the subscription plan. You agree to pay the registration fees for the domain(s) thereafter. You agree to pay the registration fees for the first year if you cancel the Service before the expiration of the first year.

Automatic account upgrade
 Aplus may upgrade, with email notice to you, all shared hosting accounts, which do not comply with the restrictions of applicable terms and policies and excluded services stated in Section 4 above, to metered plans with traffic charges and/or web space charges.

Termination of Services
 Aplus reserves the right to refuse Services to anyone and to terminate existing Services with 14 days advance notice for any or no reason; and without advance notice if you violate this or any other Agreement, policy or terms of use. You have the right to terminate the Services at any time with written notice sent by mail to the address below or by email to billing@aplus.net. Both parties agree that there will be no monetary compensation or refund, prorated or otherwise, for terminated services regardless of the reason.

Lawful Use of Internet
 You agree to use the Internet and the Services in accordance with these terms of use, our Universal Terms of Use, Acceptable Use Policy and any other applicable terms together with any applicable federal, state and local laws, rules and regulations.

Security and Integrity of Information
 Although we implement the industry standard technology for information protection, there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. You agree to hold us harmless in cases of loss of information or loss of privacy.

Aplus can be contacted, as follows:

Address:

Attn: Shared Hosting

Aplus.net

3680 Victoria Street North

Shoreview, MN 55126

Phone:

+1 (855) 791-8966

Customer Service / Technical Support: Available 24/7

Email:

Sales: sales@aplus.net

Technical Support/ Customer Care: support@aplus.net

Billing: billing@aplus.net

WHOIS privacy service terms of use

1. Purpose, Acceptance of Terms  

Aplus’ Universal Terms of Use, Domain Name Service Agreement and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Domain Name Service Agreement and purchase order, if any.

2. Display of Public Information; WhoIs Registry

When you select the WHOIS Privacy Service option for a domain name registered through us the public (“WHOIS”) contact and ownership information for each domain, i.e. registrant, administrative, billing and technical contact fields, will be displayed as follows:

Registration Private; SyncSuite, LLC
110 East Broward Boulevard, Suite 1650
Fort Lauderdale, FL 33301
United States
Phone: 1-855-624-2611
domainname@domainlistingagent.com

3. Domain Name Ownership

You will retain all ownership rights in your domain name, including the ability to sell, transfer or renew each domain and to manage your domain name servers.

4. Your Contact Information

You agree to maintain true, accurate and up-to-date contact information on your Registrar account. We will use this information to forward to you correspondence that we receive regarding your domain name. Email correspondence is automatically forwarded to the point of contact listed on your Registrar account. Postal mail will not be forwarded.

5. Use of the Service

You may elect to use the WHOIS Privacy Service for domains you have registered with us and for domains you have transferred to us (once your domain registration is complete). For domains to be transferred to or from us, you must first disable the current WHOIS Privacy Service before initiating the transfer.

6. Service Fees

We will charge you the applicable Service fees according to our published fee schedule. Fees are non-refundable even if your WHOIS Privacy Service is terminated early. We may modify the pricing for the WHOIS Privacy Service at any time.

7. Right to Disable or Suspend Privacy Service

WHOIS Privacy service provider SyncSuite LLC reserves the right, in its sole discretion and without liability to you or any third party, to disable, suspend, or terminate your WHOIS Privacy Service and to reveal your identity in certain circumstances, including:

• To comply with applicable laws or regulations
• To determine whether an alleged breach of law or regulation has occurred
• In response to valid legal service of process
• In response to notice of a claim or complaint including UDRP
• To avoid legal liability and/or financial loss to us
• If, in our reasonable discretion, you use the WHOIS Privacy Service to conceal your involvement with illegal, illicit, objectionable or harmful activities
• If you transmit any kind of spam, viruses, worms or other harmful computer programs

8. Abuse/Infringement Point of Contact

To report abuse of a domain name registration, or infringement of trademarks or other third-party rights, please contact abuse@aplus.net.

9. Our Contact Information

We can be contacted using the following information:

Address:

Aplus.net

3680 Victoria Street North

Shoreview, MN 55126

Phone:

+1 (855) 791-8966

Customer Service / Technical Support: Available 24/7

Email:

Sales: sales@aplus.net

Technical Support/ Customer Care: support@aplus.net

Billing: billing@aplus.net

Mobile Web Services End User License Agreement

Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any.

1. License Grant

We hereby grant to you, during the term or your subscription, a non-transferable, non-exclusive, non-sub-licensable worldwide license and right to use the mobile web services and related materials solely in connection with the services as provided. You are solely responsible for the content you transmit and display via your application, except for any third-party advertising that may be specified in your service package. We reserve the right to change or modify the service at any time.

2. License Restrictions

These license rights are subject to the following restrictions:

• a. You shall not license, sell, rent, lease, transfer, assign, distribute, display, host, outsource, disclose or otherwise commercially exploit or make the services or the related materials available, to any third party;
• b. You shall not modify, make derivative works of, disassemble, reverse compile, or reverse engineer any part of the services or related materials or access or use services or related materials in order to build a similar or competitive product or service;
• c. Except as expressly stated herein, no part of the services or related materials may be copied, reproduced, distributed, republished, downloaded, displayed, posted or transmitted in any form or by any means, including but not limited to electronic, mechanical, photocopying, recording, or other means;
• d. You shall not disclose any review of the services, including but not limited to the results of any performance tests, to any third party without our prior written approval;
• e. You shall not use or access the services to build or support, and/or assist a third party in building or supporting, products or services competitive to the services;
• f. You agree to make every reasonable effort to prevent unauthorized third parties from accessing the services; and
• g. You acknowledge and agree that the we or our licensors own all right, title and interest in and to all intellectual property rights (including all derivatives or improvements thereof) in the services and related materials and any suggestions, enhancement requests, feedback, recommendations or other information provided by you or any other party relating to the same.

3. Third Party Transactions

Links to third party providers are provided only as a convenience, and the inclusion of any link does not imply endorsement by us of the linked website. We shall have no liability as a consequence of any third party transaction.

4. Warranty Disclaimer

You acknowledge that aplus does not control the transfer of data over communications facilities, including the internet, and that the aplus’ mobile web services may be subject to limitations, delays, and other problems inherent in the use of such communications facilities. aplus is not responsible for any delays, delivery failures, or other damage resulting from such problems.

5. Term and Termination

The term of the Services set forth in the Service Package hereunder shall commence upon the effective date set forth in the Service Package and shall continue for the period of time set forth in such Service Package (the "Subscription Term"). Except as otherwise provided in a Service Package issued by us, the Services may be renewed under our then-current applicable policies and terms, subject to our acceptance and your payment of fees for such Services.

Termination for Default. In the event of your material breach of this Agreement, we reserve the right to terminate the applicable Service Package. We may immediately suspend your account, and access to or use of the Services during such cure period if (i) you fail to make payment due to us under the Agreement and do not cure such non-payment within ten (10) business days after we have provided you with notice of such failure, or (ii) you violate any provision of this User Agreement.

Any suspension by us of the Services under the preceding sentence shall not excuse you from your obligation to make payment under the Agreement. Upon any termination of the Service Package, your right to access and use the Services (including our Mobile Web Services Materials) shall terminate. If we terminate the Services due to your default, you must pay within thirty (30) days all amounts which have accrued prior to such termination, as well as all sums remaining unpaid for services received plus related taxes and expenses.

Domain Name Service Agreement

1. Purpose, Acceptance of Terms   

This Domain Name Service Agreement, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Aplus.net (“Aplus”, “Aplus.net”, “we”, “us”, “our”, “ours”) and the customer purchasing domain name registration services, together with any company or other business entity you are representing, if any.

Aplus’ Universal Terms of Use, related domain name terms and policies, and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the definition section below, the Universal Terms of Use, related domain name terms and policies, and purchase order (if any).

2. Service

Aplus will submit the domain name(s) selected by you to the Registry Operator, for recording into the Registry database for top level domains. You represent and warrant that the domain name registration and the use of your domain name registration will not, directly or indirectly, infringe upon the rights of any third parties.

You will be allowed to select the name servers to serve your domain name. Default name servers will be available for you if you do not have name servers available.

Aplus will collect, record and keep data about your identity and allow you to access and update your customer records. Aplus will generate, record and keep additional information pertaining to the domain registration such as activation date, transfers and modifications. Aplus will provide some or all of this data to the public as a public service at its sole discretion and as required by ICANN and applicable laws. You agree that the registration of your selected domain name is not guaranteed and that domains are offered on a first-come, first-served basis. The availability of any domain is subject to the results of queries to the databases of independent domain name registries. As such, Aplus cannot take responsibility for inaccuracies in search results.

3. Fees

You agree to pay the fees for the Service in accordance with Aplus published fee schedule. You agree to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration or renewal date and are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. Your domain name will be registered upon payment of the registration fee.

3.1 Charge-Backs

You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reversed payment. Aplus will decide, in its sole discretion, whether to hold the name in its own portfolio or to release it for use by others. Aplus will reinstate such names in its sole discretion and subject to reinstatement fee of $300, in addition to all other fees.

4. Term

The effective start date of this Agreement commences once you complete the sign-up registration process for the Service. You may terminate the Service with advance notice in writing only to Aplus’ billing department by mail to our corporate address or by email to billing@aplus.net. You understand that there will be no reimbursement and no pro rate if you decide to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Aplus reserves the right to suspend, cancel, transfer or modify your domain name in the following cases (a) you materially breach this Agreement and do not cure such breach within 30 days of notice by us, (b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement, (c) you use your domain name in violation of this Agreement or in connection with unlawful activity, at our discretion, or (d) you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet.

4.1 Revocation

You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN agreement, policy, specification or procedure, by Aplus, other Registrar or Registry Operator agreements, policies, specifications or procedures approved by ICANN, or by any other TLD Registry Operator (a) to correct mistakes by Aplus, , other Registrar or the Registry Operator in administering the name or (b) for the resolution of disputes concerning the domain.

You also agree that Aplus shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration at any time, or at such time as Aplus receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

4.2 Renewals, Redemptions, Transfers

The renewal and redemption of the domain name provided to you as part of the Service is governed by our Domain Name Renewal and Redemption Policy. You agree that it is your sole responsibility to watch the expiration terms of your domain name and pay your renewal fees on time. Failure to pay the renewal fee will result in domain name suspension and eventual release of the domain name for use by others. Credit card accounts will be automatically renewed unless notified prior to expiration date of service. If a domain is not renewed prior to its expiration, a Renewal Grace Period of 30 days allows the Registrant to renew the domain at Aplus’ standard rate. For additional information, please refer to Aplus’Domain Name Renewal and Redemption Policy.

You understand that you will be prohibited from changing Registrars during the first 60 days of your domain name’s registration period and also during the first 60 days after a Registrar transfer of the domain name. You understand that enabling the “Domain Lock” option for a domain in your Domain Manager Application will apply the “Client Transfer Prohibited” status to that domain name, and that the domain cannot be transferred to another registrar while this status is in effect. This “Domain Lock” can also be removed via the Domain Manager Application.

You acknowledge that the ICANN Transfer Policy found at https://www.icann.org/resources/pages/registrars/transfers-en governs transfer of domains between registrars and between registrants, and updates to domain registrant (ownership) contact information including name, organization, email address, mailing address and phone number may be considered a transfer of ownership of the domain. You accept that in the event that the registrant (owner) of a domain is updated the domain ownership transfer will be approved by Aplus.net, or our designee, as Designated Agent, and once the ownership transfer is completed the domain will be locked for 60 days during which time it cannot be transferred to another Registrar.

5. Registry Operator Role and Indemnification

You understand and agree that Aplus does not have control over other Registrars, the Registry or the Registry Operator. You agree and acknowledge that Aplus is not liable or responsible in any way for any errors, omissions or any other actions by other Registrars, the Registry or the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

6. Data Submission and Updates

You agree to provide to Aplus accurate and up-to-date data necessary to register and your domain and maintain your domain name registration, including but not limited to: the full name, postal address, e-mail address, telephone number and fax number (if available) of the Registered Name Holder; name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association or corporation; the full name, postal address, e-mail address, telephone number and fax number (if available) of the Administrative, Billing and Technical contacts for the domain WhoIs. Aplus determines the nature of such data in its sole discretion considering the rules and procedures set forth by ICANN, other Registrars, the Registry and the Registry Operator. You agree to update all such data within seven (7) days of any change through your Aplus Control Panel and to submit additional information, if needed. This can be done by following the support link at the top of the Aplus’ home page www.aplus.net or by contacting Aplus’ customer support at +1-855-791-8966.

You acknowledge that you may be asked to submit a third party's personal data. In such event you agree to secure the consent of such third party to have his/her (the third party's) personal data submitted and used, as allowed by this agreement. You acknowledge that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be a sufficient basis for cancellation of your domain name registration.

You acknowledge that if you intend to license the use of a domain name to a third party you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name accepts liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Aplus concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of your domain name registration.

Aplus will own all data collected during the registration process and reserves the right to use this data in its sole discretion in accordance with other Registrar, Registry, Registry Operator and ICANN requirements as well as applicable law. You are hereby advised that some or all of such data may be made available to the public. You agree and acknowledge that Aplus owns all database, compilation, collective and similar rights, title and interests worldwide in Aplus’ domain name database and all information and derivative works generated from its domain name database. Aplus will take reasonable precautions to protect your domain name registration data from loss, misuse or disclosure.

7. Notices

Aplus will contact you via the email address provided as the primary point of contact in the application form you used to sign up for the Service and which is contained in your control panel. You agree to monitor such contact email and to forward it to appropriate personnel and/or departments within your organization, as applicable. You agree to ensure that all contact information on file with us is kept current.

8. Customer Support and Escalation

Aplus can be contacted at dns@aplus.net for all Domain Services questions, and billing@aplus.net for any Billing questions. We can also be reached by phone at +1-855-791-8966. In the event that you need to submit a complaint or concern, please contact us via the Billing or Domain Services email address above and your message will be escalated to the appropriate personnel.

9. Domain Disputes

You agree to be bound by Aplus and ICANN’s "Uniform Domain Name Dispute Resolution Policy". You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the applicable domain name registration is the subject of a dispute. You also agree that in the event of any such dispute, you will indemnify and hold Aplus, other Registrars, Registry and Registry Operator harmless pursuant to this Agreement and the terms and conditions contained in the dispute policy.

9.1 Transfer Disputes

You agree to be bound by ICANN’s "Registrar Transfer Dispute Resolution Policy" (Dispute Policy), which is hereby incorporated into and made a part of this Agreement. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party. You also agree that, in the event that a domain name dispute arises with any third party, you will indemnify and hold Registrar, Registration Service Provider, Registry and Registry Operator harmless pursuant to the terms and conditions contained in the Dispute Policy.

10. WhoIs Verification

In accordance with ICANN’s WhoIs Accuracy Program Specification (www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#whois-accuracy), Aplus verifies WhoIs information by sending an email to the Registrant (owner) contact listed on the WhoIs record when a new domains is registered; a domain is transferred in to Aplus; the Registrant information is updated; or we become aware of inaccurate WhoIs information. If the WhoIs verification is not completed within 15 days, the domain will be suspended and all related services will be interrupted until verification is complete. The expiry date of a suspended domain is not altered, and no refunds will be made for interruptions related to incomplete WhoIs verification. Previously verified contact information sets do not need to be re-verified. For more information visit http://verifymywhois.com or contact our Domain Services team at +1-855-791-8966 or dns@aplus.net.

11. Limitation of Liability

Neither Aplus nor its affiliates or agents will be liable for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the domain name registration Service, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties, even if Aplus has been advised of the possibility of such damages. The foregoing limitation of liability will apply whether any claims are based upon principles of contracts, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Aplus’ maximum aggregate liability shall not exceed the total amount paid by you for the Services for the previous six months from the incident giving rise to any such claim, or $500.00, whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Aplus’ liability will be limited to the fullest extent permitted by applicable law.

12. Miscellaneous

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Aplus has with other Registrars, Registry, Registry Operator and/or ICANN. You will be notified of such modifications if they are material to this Agreement or the Service. Any new features or products that change, augment or enhance Aplus’ Service offerings will be subject to this Agreement. Your continued use of the Service will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Service and to have your domain name registration transferred to a different domain name Registrar.

This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Service shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

13. Definitions

13.1 Provisions specific to .mobi domain registrations

You agree to be bound by any registry (mTLD Top Level Domains Ltd. “dotMobi”) rules, policies, and agreements for .mobi domain registrations.

Notwithstanding anything contrary to this Agreement, mTLD Top Level Domain Ltd. ("dotmobi”) is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third-party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third-party beneficiary rights under this Agreement in agreeing to us being a Registrar for the .MOBI top level domain. Additionally, the third-party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.

13.2 Provisions specific to .name domain registrations

As a .NAME Registered Name Holder, you certify, to the best of your knowledge, that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, Aplus and the .NAME Registry Operator, Global Name Registry (GNR) reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above, you agree to be bound by the provisions of ICANN’s Eligibility Requirements Dispute Resolution Policy (ERDRP), which is incorporated herein. Additionally, you agree to be bound by Verisign Inc.’s .NAME Acceptable Use Policy, which is hereby incorporated by reference. This policy prohibits you from using your .NAME Email to engage in certain activities including, but not limited to, spamming with a limit of 500 emails allowed to be sent from a single user at a time.

13.3 Provisions specific to .us domain registrations

As a .US Registered Name Holder, you hereby certify and agree that you meet all of the .US Nexus Requirements, which provide that Registered Name Holder’s must be either (i) a natural person (a) who is a United States citizen, (b) who is a permanent resident of the United States or any of its possessions or territories, or (c) whose primary place of domicile is in the United States of America or any of its possessions; or (ii) an entity or organization that is (a) incorporated within one of the fifty United States, the district of Columbia, or any of the United States’ possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories; or (iii) a foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories.

You acknowledge and agree to be bound by the .us UDRP Nexus Dispute Policy. You acknowledge and agree that you have provided specific information regarding how you meet the Nexus Requirements and that you have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry. You further acknowledge and agree that if such information cannot be verified, or if you fail to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

You acknowledge and agree that the name servers listed for your .US domain name(s) must be based within the United States of America or any of its possessions or territories. You acknowledge and agree that you are not permitted to purchase private or proxy .US registrations. You shall your personal information, which information you represent and warrant is current, accurate and complete register for any and all .US registrations.

13.4 Provisions specific to .bz domain registrations

You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Belizenic and the Registry Operator (Afilias’) website, and which are incorporated herein.

The following rules must be followed when registering a .bz domain: (a) domain names may include only letters, numbers, or hyphen ("-"); (b) domain names cannot begin or end with a hyphen; (c) domain names cannot have more than 63 characters, not including extensions; (d) the minimum length of a second or third level domain name is three (3) characters, not including extensions; (e) domain names considered offensive may be declined by the Registry or Registry Operator; (f) domains must have at least two configured and working nameservers in order to be entered into the zone file.

13.5 Provisions specific to .ca domain registrations

You acknowledge and agree that your Registrar may, in accordance with the applicable Registry PRP, cancel your Domain Name Registrations within seven (7) days of activation and cancel the renewal of your domain name registration provided that the renewal term has not yet commenced.

.CA ASCII and IDN domain variants are bundled and reserved for a single Registered Name Holder. Registered Name Holders are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single Registrar. Each variant registered will incur a registration fee. In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your WHOIS information must be identical. If variants are registered at other Registrars or if WHOIS information does not match, it may result in an "unavailable" search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.

13.6 Provisions specific to .cc and .tv registrations

You represent and warrant that you meet the eligibility requirements of these ccTLDs. You further agree to be bound by any registry rules, policies, and agreements for these ccTLDs. The registration guidelines for these ccTLDs are available through the Registry Operator (Verisign, Inc.) and are incorporated herein.

13.7 Provisions specific to .co registrations

You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cointernet.co/politicas-procedimientos. You are responsible for monitoring the Registry's site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

14. Definitions

Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Deluxe Small Business Sales, Inc. d/b/a Aplus.net is an ICANN accredited Registrar for defined TLDs.

Data Escrow services are required by ICANN and ccTLD Registries. Registrar uses Iron Mountain for its WHOIS data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored.

DNS refers to the Internet domain-name system governed by ICANN.

ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a California non-profit, non-government organization under contract with the U.S. Department of Commerce to manage the security and stability of Internet, including the Domain Name System.

Registered Domain Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).

Registered Name Holder or Registrant means the holder of a Registered Domain Name. If an organization, association or corporation is listed in the Registrant section of the domain WhoIs data, that organization, association or corporation is considered to be the Registrant, with the individual person’s name listed being an authorized point of contact within that organization, association or corporation.

Registrar refers to an entity accredited by ICANN authorized to administer domain name services, including Deluxe Small Business Sales, Inc. d/b/a Aplus.net, Tucows Inc. and web.com. Tucows Inc. agreements are incorporated by reference into this agreement where applicable and can be found at http://opensrs.com/site/resources/agreements. Web.com agreements are incorporated by reference into this agreement where applicable and can be found at https://legal.web.com.

Registrar Services means services provided by Aplus, Tucows or web.com in connection with a TLD as to which they have an agreement with the TLD's or ccTLD’s Registry or Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database.

Registry means the electronic directory where all TLDs are held. The Registry administrator (RA) maintains the Registry.

Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by Aplus or Tucows in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.

Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the U.S. Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD or that country or providing Registry Services for a specific ccTLD.

Registry Services shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD or that Country or their Registry Operator for that ccTLD.

TLD is a Top-Level Domain of the Domain Name System. ccTLD is a country code Top-Level Domain owned by a specific country which may be administered by a third party Registry Operator. Aplus is an accredited Registrar for the following gTLDs and ccTLDs: .biz, .com, .info, .mobi,.net,.org,.bz, .cc, .tv, .us and .ws.

Aplus is an authorized Reseller to Tucows for the following TLDs: ca, co, adult, best, black, blue, buzz, ceo. club, cricket, global, green, irish, jetzt, kim, ltda, moe, nyc, onl, poker, porn, science, trade, uno, vote, voto, webcam, yoga.

Aplus is an authorized Reseller to web.com for the following TLDs: academy, accountants, actor, agency, airforce, apartments, archi, army, associates, attorney, auction, audio, band, bar, bargains, bayern, beer, berlin, bid, bike, bingo, bio, blackfriday, boutique, build, builders, business, bzh, cab, cafe, camera, camp, capital, cards, care, careers, casa, cash, casino, catering, center, chat, cheap, christmas, church, city, claims, cleaning, click, clinic, clothing, coach, codes, coffee, cologne, community, company, computer, condos, construction, consulting, contractors, cooking, cool, country, credit, creditcard, cruises, cymru, dance, dating, deals, degree, delivery, democrat, dental, dentist, desi, design, diamonds, diet, digital, direct, discount, domains, education, email, energy, engineer, engineering, enterprises, equipment, estate, eus , events, exchange, expert, exposed, express, fail, farm, fashion, finance, financial, fish, fishing, fit, fitness, flights, florist, flowers, football, forsale, foundation, fund, furniture, futbol, gal , gallery, garden, gift, gifts, gives , glass, gold, golf, gratis, gripe, guide, guitars, guru, hamburg, haus, healthcare, help, hiphop, holdings, holiday, horse, host, hosting, house, how, immo, immobilien, industries, ink, institute, insure, international, investments, juegos, kaufen, kitchen, kiwi, koeln, land, lawyer, lease, legal, lgbt, life, lighting, limited, limo, link, loans, london, luxury, maison, management, market, marketing, markets, media, melbourne, memorial, menu, moda, money, mortgage, nagoya, navy, network, news, ninja, okinawa, paris, partners, parts, party, photo, photography, photos, pics, pictures, pizza, place, plumbing, plus, press, productions, properties, property, pub, quebec, recipes, rehab , reisen, rentals, repair, report, republican, rest, restaurant, reviews, rip, rocks, rodeo, ruhr, ryukyu, sale, sarl, school, schule, scot, services, sexy, shoes, singles, social, software, solar, solutions, soy, space, style, sucks, supplies, supply, support, surf, surgery, sydney, systems, tattoo, tax, technology, tennis, tienda, tips, tires, today, tokyo, tools, top, tours, town, toys, training, university, vacations, ventures, vet, viajes, video, villas, vision, vodka, voting, voyage, wales, wang, watch, website, wedding, work, works, world, wtf, xyz, yokohama, zone.

Domain Name Renewal and Redemption Policy

1. Purpose, Acceptance of Terms    

This Domain Name Renewal and Redemption Policy applies to users of Aplus's domain name registration Services. Aplus’s Universal Terms of Use, Domain Name Service Agreement, and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Domain Name Service Agreement and purchase order, if any.

2. Auto-Renewal Policy

Registration Service Provider provides an auto-renewal option for each registered domain name. Each domain name owner can control the auto-renewal option for their domain(s) within the control panel. The auto-renewal service has two options:

Auto-Renew ON: The domain name(s) will be automatically renewed by the Registrar on the expiry date; the auto-renewal term is set to 1 year when enabled and can be viewed or changed in your Aplus.net Control Panel. Your domain(s) will be renewed using your current method of payment. Renewal payment is taken 30 days prior to the expiry of the domain, to ensure ample time for successful payment. You are responsible for ensuring that renewal fees are processed on time.

Auto-Renew OFF: The domain name(s) will not be automatically renewed. The domain name owner must explicitly request the renewal of his/her domain name(s) prior to the expiration date.

Please note that auto-renew must be turned on more than one day prior to the renewal date in order to take effect.

Registration Service Provider will send email notifications to you for expiring domains regardless of the auto-renewal option status:

Auto-Renew ON: A Reminder will be sent at 45, 30, and 5 days prior to your domain's expiration date and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the email address provided as the Registered Name Holder point of contact in your Registration Service Provider account, and will contain the domain name and expiration date.

Auto-Renew OFF: Renewal notices are sent 45, 30, 15, and 5 days prior to the domain's expiration date, and then 5 and 15 days after expiration if the domain is not renewed. The notification is sent to the email address provided as the Registered Name Holder point of contact in your Aplus account, and will contain the domain name and expiration date, as well as renewal instructions.

3. Expired Domains Deletion Policy

For the first 30 days after your domain name’s expiration date the domain is considered to be in a “Renewal Grace Period” status. During this time the WHOIS information will be masked and will not display the original Registrant’s information unless the domain is renewed. During the Renewal Grace Period, the domain can only be renewed by the original owner. The cost for renewal during the Renewal Grace Period is the same as for a standard domain renewal. During the Renewal Grace Period the Registrar will change the nameservers to ns1.renewyourname.aplus.net and ns2.renewyourname.aplus.net to indicate that your domain name has expired with instructions for renewing your domain name. If your domain name is currently expired, you may log into your Aplus domain name control panel and renew your domain name or you may contact one of our Domain Services Representatives to assist you. Domain Services Representatives can be reached 24/7 at +1 (855) 791-8966.

If you do not renew your domain name during the Renewal Grace Period your domain name will be made available to other parties for purchase. During the Renewal Grace Period, Aplus may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction, or other page that may include promotions and advertisements for, and links to, any of Aplus’s Websites, Aplus or third-party Websites including Internet search engines. After the Renewal Grace Period ends, you may contact one of our Aplus Domain Services Representatives, 24/7 at +1 (855) 791-8966, to inquire about repurchasing the expired domain name.

If the domain status changes to redemption status, the original domain owner has the option to renew the domain for a redemption fee of $89 plus the cost of the domain renewal. The Registration Service Provider's price list can be found at www.aplus.net. If your domain name is currently in redemption status, we ask that you contact one of our Domain Services Representatives immediately at dns@aplus.net to help you renew the domain. Domain Services can be reached from 9:00 am to 9:00 pm Eastern seven days a week at 855-791-8966, Option 4.

4. Pending Delete Status

Following the Renewal Grace Period the Registry places the expired domain into “Pending Delete Status” for approximately five (5) days. During the Pending Delete Status your expired domain name cannot be retrieved by the Registration Service Provider and redeemed. Following the Pending Delete Status period, your expired domain is then released from the Registry and made available to the general public for registration.

For more information about Aplus’ domain name registration Service, please reference your Domain Name Service Agreement.

Copyright Infringement Policy (DMCA)

Reporting Copyright Infringement

It is our policy to respond to clear notices of alleged copyright infringement. This page describes the information required to be contained in these notices and is consistent with the form suggested by the United States Digital Millennium Copyright Act (DMCA) 17 U.S.C Section 512(c)(3)(A).

If you believe your copyrighted work has been infringed by a website for which Aplus is providing the hosting services and your attempts to resolve the issue by contacting the website owner(s) directly were not successful, you may request that we take down and/or disable access to the infringing materials. To do so, please download, complete, print and sign the Notification of Claimed infringement form provided below and deliver it to Aplus’ Registered Agent.

Aplus will respond to notices of claimed infringement in accordance with the DMCA. Our response may include removing and/or disabling access to material claimed to be the subject of the infringing activity. If we remove or disable access in response to such a notice, we may notify the owner of the affected site so that he or she can make a counter-notification in accordance with DMCA.

We reserve the right to terminate account holders who violate this policy, either as a single incident or for repeat violations.

PLEASE NOTE: Misrepresentations made in your notice as to whether material or activity is infringing may expose you to liability for damages including costs and attorneys' fees. In some cases use may be protected by the fair use doctrine under U.S. Copyright Law. Therefore if you are unsure whether the material complained of is infringing, it is recommended that you first contact an attorney. You may locate information concerning DMCA and U.S. Copyright Law at the Library of Congress’ website www.copyright.gov.

What we require from you

1. A physical or electronic signature of a person authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
2. Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works at a single online site are covered by a single notification, a representative list of such works at that site;
3. Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit the service provider to locate the material;
4. Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number and email address;
5. A statement that the complaining party has a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
6. A statement that the information in the notification is accurate, and under penalty of perjury, that the complaining party is authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Deluxe's Copyright Agent
Attn: Registered Agent Copyright Infringement
Aplus.net
3680 Victoria Street North
Shoreview, MN 55126
Telephone: (651) 490-8496
Fax: (866) 731-8254
Email: ISPCopyrightAgent@deluxe.com

Download the Notification of Claimed Infringement Form
Ror domain name disputes: If you have concerns or issues with any specific domain name registration, please do not contact our DMCA agent. Instead, refer to our Uniform Domain Name Dispute Policy.

Fax-to-Email End User License Agreement

1. Purpose, Acceptance of Terms     

This End User License Agreement, together with all other documents and policies referenced herein, is a legal agreement (“Agreement”) between Aplus.net d/b/a Aplus (“Aplus,” “we,” or “our”) and the customer purchasing Aplus's fax-to-email services (the “Services”), together with any company or other business entity you are representing, if any (“you” or “your”).

Aplus's general Terms of Use and Privacy Policy, available at https://www.deluxe.com/policy/terms-of-use and the documents and policies referred to herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below. if you do not agree to the terms of this agreement, you cannot purchase or use the services.

The Services are offered to you conditioned upon your acceptance without modification of this Agreement. Aplus may update or change, augment or enhance this Agreement or the Services without notice to you. By signing up for the Services and accepting this Agreement you agree to be bound by these modifications. If you do not agree to the changes your sole and exclusive remedy is to cancel your subscription to the Services.

2. Description of the Fax-to-Email Services and Terms of Use

The Fax-to-Email Services includes: (i) use of a toll-free telephone number that provides for the delivery of faxes to email in the volumes described below in our Fair Usage Policy; and (ii) outbound faxing from the online Fax Management Interface.

Toll-Free Services Usage

As a Toll-Free End-User, you will receive a toll-free fax number from which you may receive faxes. You will be charged a monthly usage fee based on the combined number of fax pages sent and received according to your subscribed plan. Our current usage fee is set forth on the website you used to select and purchase the Service. Additional pages both sent and received above your subscribed plan’s monthly allotment will be charged per page at the overage rate displayed on our website https://www.aplus.net. You will have the option to send faxes via the online fax management interface and to subscribe for additional services at https://www.aplus.net/ subject to the terms and conditions of this Agreement.

Storage of Faxes

While you receive Services, we will store fax messages sent and or received through your Fax-to-Email online interface for a period of 30 days, measured from the date of receipt of each fax. These faxes are accessible through the online Fax Management Interface. You acknowledge that we may change our practices and limitations concerning storage of fax messages, including without limitation, the maximum number of days that faxed messages will be retained, the maximum number of messages stored at any one time, and the maximum storage space that will be allotted on our servers on your behalf, at any time. You further agree that Aplus has no responsibility or liability whatsoever for the deletion or failure to store any fax messages and/or other communications maintained or transmitted by the Services.

3. Our Privacy Policy

Aplus is dedicated to establishing trusting relationships with its customers, based on respect for personal identity and information. If we decide to change our privacy practices, we will post those changes in our Privacy Policy, and other places we deem appropriate, so our customers are always aware of what information we collect, how we use it, and under what circumstances, if any, we disclose it. We will use information in accordance with the Privacy Policy under which the information was collected.

4. End-User Responsibilities

You are fully responsible for the contents of your transmissions through the Services. Aplus simply acts as a passive conduit for you to send and receive information of your own choosing. However, we reserve the right to take any action with respect to the Services that we deem necessary or appropriate in its sole discretion if we believe you or your information may create liability for Aplus, compromise or disrupt the Services for you or other customers, or cause us to lose (in whole or in part) the services of our ISPs or other suppliers.

Your use of the Services is subject to all applicable local, state, or national United States laws and international laws and regulations (including without limitation those governing account collection, export control, consumer protection, unfair competition, anti-discrimination and false advertising). You agree: (1) to comply with all laws regarding the transmission of technical data exported from any country through the Services; (2) not to use the Services for illegal purposes; (3) not to interfere or disrupt networks connected to the Services; (4) to comply with all regulations, policies and procedures of networks connected to the Services; (5) not to use the Services to infringe upon any third party's copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy; and (6) not to transmit through the Services any unlawful, harassing, libelous, abusive, threatening, harmful, vulgar, obscene or otherwise objectionable material of any kind or nature.

You further agree not to transmit any material that encourages conduct that could constitute a criminal offense, give rise to civil liability or otherwise violate any applicable local, state, or Federal United States law or regulation, the applicable laws or regulations of any country, or international law. The Services make use of the Internet for you to send and receive information of your own choosing. As a result, your conduct is subject to Internet regulations, policies and procedures. You agree not use or reference the Services for chain letters, junk fax or junk mail, spamming or any use of distribution lists to any person who has not given specific permission to be included in such a process, and further agree not to attempt to gain unauthorized access to other computer systems. You shall not interfere with another End-User's use and enjoyment of the Services or another entity's use and enjoyment of similar services.

You further agree not to use our services to store (1) any critical “protected health information” if you are a “covered entity” or a “business associate” of a “covered entity” (as such terms are defined in 45 CFR s. 160.103), or (2) any other type of information that imposes independent obligations upon Hostopia or any affiliated company or person.

You must (a) obtain and pay for all equipment and third-party services (e.g., Internet access and email service) required for you to access and use the Services; (b) be responsible for all charges resulting from use of the Services, including unauthorized use prior to your notifying us of such use and taking steps to prevent its further occurrence.

5. Unsolicited Fax Advertisement/Spam Drop-Box Policy

Unsolicited Fax Advertisement Policy. The transmission of unsolicited fax advertisements is illegal in the United States under the Federal Telephone Consumer Protection Act (http://www.fcc.gov/cgb/consumerfacts/unwantedfaxes.html) and is also illegal under the laws of a number of other countries, states and provinces. Distribution of unsolicited fax advertisements through the Services is prohibited. If you believe that you are in receipt of an unsolicited fax advertisement, we ask that you take the following two steps:

• If the fax contains a telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional junk faxes, please do so; and
• Please forward the spam fax by email to abuse@aplus.net to file a complaint with us by inserting the required information (fax number received from and date received) and including a copy of the offending fax.

You hereby acknowledge and agree that Aplus, as owner of all Fax-to-Email Numbers, has any and all rights to assert any and all legal claims available against any third party as a result of your receipt of any unsolicited faxes, including but not limited to claims under the Telephone Consumer Protection Act of 1991, and to the extent you do have any rights to bring any such claims, you hereby assign any and all such rights to us. Because our Fax-to-Email Numbers may be reassigned to other customers in the event your account is canceled, and to ensure the best possible Services for all customers, you are not permitted to "opt in" to receive spam faxes on your Fax-to-Email Number.

Spam Drop-Box Policy. Aplus does not permit its End-Users to use their Fax-to-Email Number as a "drop box" for responses to email or fax spam offers. If you believe you are in receipt of email or fax spam that uses a Fax-to-Email Number as a "drop-box" for responses, we ask that you take the following steps:

• If the email or fax contains an email address, telephone number, fax number, or other contact information to "unsubscribe" from receipt of additional messages, please do so.
• If you are unable to successfully "unsubscribe," please forward the offending email abuse@aplus.net. We will investigate your complaint and determine if the fax/voicemail number referenced in the spam email or spam fax is a Fax-to-Email Number. If it is, we will attempt to contact the customer and, if necessary and appropriate, terminate their Fax-to-Email Service.

6. Termination

You may terminate the Services at any time, for any reason, provided that (i) you will not receive a refund for any Services paid in advance, and (ii) any such notice by you to Aplus must be in accordance with our verification procedures, as such procedures may be established and changed by us from time to time in our sole discretion, and which may include the requirement that you contact us by phone to confirm that any such notice was in fact sent by you. Aplus also reserves the right to terminate or suspend your Services without prior notice, provided that we will attempt to confirm such termination or suspension by subsequent notice.

7. End-User Representations

You represent and warrant that you are at least 18 years of age or, as applicable, the age of majority in the state or province in which you reside, and that you possess the legal right and ability to enter into this Agreement. You agree to be financially responsible for your use of the Services (as well as for use of your account by others, including minors living with you) and to comply with your responsibilities and obligations as stated in this Agreement.

8. Modifications to End-User Agreement

Aplus may automatically amend this Agreement at any time by (a) posting a revised Fax-to-Email End-User Agreement on its Website, and/or (b) sending information regarding the amendment to the email address you provide to us.

You are responsible for regularly reviewing our website to obtain timely notice of such amendments. you shall be deemed to have accepted such amendments by continuing to use the services after such amendments have been posted or information regarding such amendments has been sent to you.

This Agreement may not be amended by you except in writing signed by both Parties.

9. Modifications to the Services

Aplus reserves the right to modify or discontinue any of the Services with or without notice to you. We will not be liable to you or any third party should we exercise our right to modify or discontinue the Services.

10. Member Account, PIN, and Security

As part of the registration process, you will be required to provide an email address and select a password. Once you become a registered user, your Fax-to-Email Number will be automatically sent to you by email and accessed through the Fax-to-Email administrative control panel. Furthermore, you are entirely responsible for any and all activities that occur under your account. You agree to immediately notify us of any unauthorized use of your account or any other breach of security known to you.

11. Disclaimer of Warranties and Limitation of Liability

Aplus does not warrant that the services will be free of errors, be uninterrupted, or will meet your requirements. The services provided are on an as-is basis and we expressly disclaim all warranties, conditions, and indenmnities, express, implied or statutory, including, without limitation any warranty of merchantability, fitness for a particular purpose, title, non-infringement or any other warranty arising from the course of performance or course of dealing. You understand and agree that we will not be liable for any temporary delay, outage, or interruption of the services, and you have not entered into this agreement in reliance upon any warranty or representation except those specifically set forth herein. All serverices provided under this agreement will be deemed accepted when delivered.

Your use of the fax-to-email and all of our other software and services is at your own risk. You assume full responsibility and risk of loss resulting from your downloading and/or use of files or other material (including aplus’s software) obtained either directly or indirectly from the fax-to-email service. You agree that neither aplus nor any of its subsidiaries, affiliates, shareholders, directors, officers, contractors, employees, licensors or service providers will be liable to you under any circumstances for any third party, spcial, exemplary, punitive, indirect, multiple, incidental, or consequential damages (including, but not limited to, any loss of data, loss of use, or interruption of business) arising out of, or in connection with, this agreement whether based in contract, warranty, negligence or other tort, breach of any statutory duty, the failure of any limited or exclusive remedy to achieve its essential purpose, strict liablility, or any other legal or equitable grounds, even if we have been advised of the possibility of such damages. Our entire liability and our licensors and service providers and your exclusive remedy with respect to the use of the fax-to-email services and any of our other services and software or any breach of this agreement are limited to the lesser of: (i) the amount actually paid by you for access to and use of the software or services in the three (3) months preceding the date of your claim or (ii) u.s. $100.00.

Neither aplus nor any of its subsidiaries, affiliates, shareholders, directors, officers, contractors, employees, licensors or service providers shall be held responsible in any way or by any means, either directly or indirectly, for any communications difficulties outside of our or any such licensor's or service provider's control which could lead to the interruption of data delivery services to the customer's email address, pager, telephone or any other receiving devices or third-party data storage and/or delivery services.

Nothing in this agreement shall be construed as creating a joint venture, partnership, agency, employment, franchise, or other relationship between you and aplus. also, neither party to this agreement shall have the right, power or authority to create any obligations or duty, express or implied, on behalf of the other.

You acknowledge that these limitations are an essential element of this agreement and without such limitations aplus would not enter into this agreement.

12. Charges

You agree to pay all charges for your use of the Services at the prices then in effect for your country of residence. Aplus reserves the right to charge value-added, sales or other taxes on the Services as it deems appropriate and reserves the right to change prices or institute new charges for access to or use of the Fax-to-Email service. All changes will be posted at our Website and you are responsible for regularly reviewing such pricing information to obtain timely notice of such changes. Continued use of, or non-termination of the Services after changes are posted constitutes your acceptance of the prices as modified by the posted changes.

Payment of your Services balance is due monthly.

Charges are to be paid on a monthly basis in the currency in which you were charged or billed. If your payment method is credit card and payment is not received by us from the card issuer or its agents, you agree to pay all amounts due upon demand by us. Each time you use the Services, or allow or cause the Services to be used, you agree and reaffirm that Aplus is authorized to charge your designated card. Your card issuer's agreement governs your use of your designated card in connection with the Fax-to-Email service, and you must refer to such agreement (not this Agreement) with respect to your rights and liabilities as a cardholder. You agree that Aplus may (at its option) accumulate charges incurred during your monthly billing cycle and submit them as one or more aggregate charges during or at the end of each cycle, and that we may delay obtaining authorization from your card issuer until submission of the accumulated charge(s). This means that accumulated charges may appear on the statement you receive from your card issuer.

Your activation fee and monthly service fees are payable in advance and are COMPLETELY NON-REFUNDABLE. You agree that Aplus may submit charges for your monthly service fee each month, without further authorization from you, until you provide prior written notice (in accordance with our verification procedures, as may be established by us from time to time in its sole discretion) that you have terminated this authorization or wish to change your designated card. Such notice will not affect charges submitted before we reasonably could act on your notice. If you have any question regarding any charges that have been applied to your account, you must contact Aplus's End-User Service Department at billing@aplus.net within 30 days of the charge date. Failure to use your account will not be deemed a basis for refusing to pay any charges submitted by us in accordance with this Agreement.

You must promptly notify us in writing of changes to: (a) the account number or expiration date of your designated card; (b) your billing address; and (c) the name of each minor whom you have authorized to use your Services. You must also promptly notify us if your card is canceled (e.g., for loss or theft).

13. Payment

Aplus reserves the right to suspend or terminate your Services without notice upon rejection of any card charges or if your card issuer (or its agent or affiliate) seeks return of payments previously made to us when we believe you are liable for the charge. Such rights are in addition to and not in lieu of any other legal rights or remedies available.

14. Ownership

All programs, services, processes, designs, software, technologies, trademarks, trade names, inventions and materials comprising the Services are wholly owned by Aplus and/or its licensors and service providers except where expressly stated otherwise.

You further understand and agree that you are not the owner of any fax-to-email number assigned to you by aplus. Ownership of any such fax-to-email number is vested solely in aplus (which will assign such number to you for your use during the term of this agreement). You understand and agree that following the termination of your services for any reason, such fax-to-email number may be re-assigned immediately to another customer, and you agree that aplus will not be liable for damages (including third party, special, exemplary, punitive, indirect, multiple, incidental or consequential damages) arising out of any such reassignment, and you hereby waive any claims with respect to any such re-assignment, whether based on contract, warranty, negligence, tort or other grounds, even if we have been advised of the possibility of such damages.

You further understand and agree that aplus may from time to time need to change the fax-to-email number assigned to you (whether due to an area code split or any other reason whether outside or within our control). you agree that we will not be liable for damages (including third party, special, exemplary, punitive, indirect, multiple, incidental or consequential damages) arising out of any such change in the fax-to-email number assigned to you, and you hereby waive any claims with respect to any such change, whether based on contract, warranty, negligence, tort or other grounds, even if we have been advised of the possibility of such damages.

In particular, you agree that you are not authorized to charge services provided to you or at your request to the fax-to-email number assigned to you by us and that you will not request or otherwise cause any third-party services provider to charge any such services to such number. any such charges will give us the right to immediately terminate your services without notice.

15. Indemnification

You agree to indemnify, defend by counsel reasonably accepted by us, and protect and hold Aplus, its affiliates and agents harmless from and against any and all claims, liabilities, losses, costs, damages, expenses, including consultants' and attorneys' fees and court costs, demands, causes of action, judgments, etc., directly or indirectly, arising out of or related to the Services and this Agreement, including any violation of this Agreement by you or any other person using your account, any claim of libel, defamation, violation of rights of privacy or publicity, any loss of service by other customers, any infringement of intellectual property or other rights of any third parties, and any violation of any laws or regulations, including but not limited to any violation of any laws or regulations prohibiting transmission of unsolicited faxes.

16. Fax-to-Email Services are NOT for Resale

Your right to use the Services is personal to you. You may be either an individual, a corporation, or business entity, but you agree not to resell the Services in anyway.

17. Miscellaneous

Neither party shall be responsible for failure or delay of performance if caused by: an act of war, hostility, or sabotage; act of God; electrical, internet, or telecommunication outage that is not caused by the obligated party; government restrictions (including the denial or cancellation of any export or other license); or other event outside the reasonable control of the obligated party. Each party will use reasonable efforts to mitigate the effect of a force majeure event.

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Registration Services Provider has with Registrar, ICANN and the Registry Operator. You will be notified of such modifications if they are material to this Agreement or the Service. Your continued use of the Services after such notification will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Services and to have your domain name registration transferred to a different domain name registrar.

This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Services shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

18. Our contact information:

Aplus can be contacted, as follows:

Address:

Aplus.net

3680 Victoria Street North

Shoreview, MN 55126

Phone:

+1 (855) 791-8966

Customer Service Hours: 9am - 9pm, EST (7 days a week)

Technical Support: Available 24/7

Email:

Sales: sales@aplus.net

Technical Support/ Customer Care: support@aplus.net

Billing: billing@aplus.net

Billing: abuse@aplus.net

SEM/SEO Terms of Service

Aplus’ Universal Terms of Use and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any.

1. Our Obligations

Aplus provides you with the ability to establish online advertising campaigns for purposes of marketing your business website (“Your Site”) through various online methods including with major search engines (each a “Publisher”), pay for those campaigns, and access reports detailing the activity for those campaigns through using its proprietary software (“Platform”).

Aplus does not have a duty to and does not generally screen or edit content, but we reserve the right to refuse Service, monitor or to remove, without notice, any content or links which, in our sole discretion or that of a court or regulatory agency, is deemed illegal, misleading, or obscene, or is otherwise in breach of our Universal Terms of Use, Anti-Spam or Acceptable Use policies

2. Your Obligations

You are responsible for obtaining access to the Service which may involve paying third-party fees such as Publisher, Internet service provider and/or airtime charges. You must provide the equipment, i.e. hardware and software, necessary to access and use the Services.

3. Your Account Limitations and Monitoring

You hereby acknowledge that Aplus may, from time to time, in its sole discretion, establish general practices and limits concerning the use of the Services, which may include limitations on the time limit we retain Your Account data and Use Content, maximum limits on storage space or other such limits. You agree that Aplus has no responsibility or liability for the deletion or failure to store any content maintained or transmitted by the Service.

You agree that Aplus or third party advertising providers with whom Aplus has a relationship may, but have no duty to, monitor any of Your Account activity for the purpose of ensuring quality, improving the Services, and compliance with any of our terms of use.

4. Termination

Customer has the limited right to cancel its Service subscription at any time during an advertising campaign term, subject to the terms of this agreement, and provided that for all Services, customer commits to purchase on a nonrefundable basis a minimum of four (4) months of Service, the completion of customer's most recent pre-paid monthly Service fee shall not be refundable, and for any cancellation, customer must provide Aplus with at least thirty (30) days notice prior to the processing of the following month's payment.

Payments made with respect to Your Account creation and setup and ad purchases with Publishers (Search Engines) that are already scheduled and committed as of the date we receive notice of termination are nonrefundable.

In the event of suspension, expiration or termination, Your Account and your access and right to use the Service shall immediately cease and the license granted to you hereunder shall terminate. Termination of Your Account includes (a) removal of access to all offerings within the Service, (b) deletion of your password and all related information, files and content associated with or inside Your Account (or any part thereof), and (c) barring of further use of the Service. Aplus may destroy or otherwise dispose of any customer data or User Content in its possession.

5. Warranty

Due to seasonality, duration of the contract, economic business conditions, consumer sentiment and other factors beyond our control, the results of your advertising campaigns may vary and, although Aplus cannot guarantee specific results, we proactively seek to provide high quality online marketing Services that maximize our customer’s return on advertising spending.

You acknowledge and agree that Aplus may collect and use non-personal information concerning the use, contents, performance or management of any advertising campaign conducted through Your Account. As part of providing the Services, Aplus may aggregate reports comprised of such data. By using our Services, you hereby grant to Aplus a worldwide, irrevocable, non-exclusive, transferable and sub-licensable, and royalty-free license to use, display, reproduce, distribute and analyze Your Account data within the Services for the purposes of providing and improving upon the features and functionality of the Services. This license does not grant Aplus the right to use personal or non-public data concerning Your Account for any other commercial purpose without your prior written consent.

Aplus does not warrant or make any representation regarding the use or the results of the use of the Services in terms of effectiveness, accuracy or reliability or that the Service will produce any guaranteed or stated result, meet your stated requirements or expectations or be provided in an uninterrupted, timely, secure or error-free manner, that Service defects or errors will be corrected, or that the search ranking of your business via Your Account or a Publisher Account will change or improve in any way as a result of your Service subscriptions.

You understand that the technical processing and transmission of the Service, including your User Content, may involve (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices.

Any material downloaded or otherwise obtained through the use of the Service is accessed at your own risk and discretion and Aplus is not responsible for any damage to your computer system or loss of data as a result from the use of any such material.

No advice or information, whether oral or written, provided by us directly to you or through the Service will create any warranty not expressly stated herein.

Logo Design and Tagline Creation Terms of Use

1. Acceptance of Terms

See our full logo design and tagline Services Terms of Use at www.logomojo.com. Aplus.net’s Universal Terms of Use, LogoMojo’s Services Terms of Use and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Services Terms of Use and purchase order, if any.

If your use of the Site to purchase a product or Service involves the development of a logo design or creation of a tagline, you acknowledge and agree that:

1. Aplus is only providing logo design and tagline creation services and has no obligation or duty of any kind to provide any legal advice or other service to you regarding the logo or to perform any trademark clearance search or any other inquiry of any kind related to the logo or tagline. It is solely your responsibility to determine if the logo or tagline is suitable and appropriate for your use and to obtain the advice of an attorney or other suitable professional regarding whether or not the logo or tagline is legally available for your use and/or whether it infringes the rights of any third party.
2. Aplus does not guarantee that your logo or tagline will not have similarities to logos or taglines designed by us for our other customers. Apart from your logo or tagline as a whole, you obtain no right or claim of any kind to any individual design element or elements of the logo or tagline and we reserve the right to use one or more of the design elements in other logo design or tagline projects for other customers.
3. You will own the final product but will not own any materials, media or other content generated during any revision cycles leading up to the final product and we expressly reserve all right, title and interest in and to the same. We retain the rights to all artwork concepts and other content not selected by you. You acknowledge that your ownership rights under this agreement are limited to the Final Product, and that no trademarks or service marks in or to any Final Product are being conveyed under this Agreement. You acknowledge and hereby grant us a royalty-free, irrevocable exclusive worldwide right to use creative and revision briefs, individual responses provided to you, and the final product for internal and archival purposes and to display and promote, e.g. our logo design and tagline Services.

Email Marketing Terms of Use

Aplus’ Universal Terms of Use, Anti-Spam and Acceptable Use Policies and any applicable purchase orders are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use, Anti-Spam and Acceptable Use Policies and purchase order, if any.

1. Services and Support

Aplus’ Email Services provide its business customers with the tools to sign up web site visitors, collect and retrieve visitor sign-up data, and develop and execute simple interactive marketing communications with visitors.

1.1 You must complete a registration form in order to use the Services and agree to provide true, accurate, current, and complete information as requested in the registration form, and keep the information updated during the Term. As part of the registration process, you will identify an email address and password for your Aplus account. You are responsible for maintaining the security of the Your Account, passwords, files, and for all uses of Your Account and of the Services in your name. At its sole discretion, Aplus reserves the right to refuse registration of accounts, or cancel an existing account, that it deems to be inappropriate or otherwise in violation of any applicable terms of use. Aplus may follow the instructions of any person who represents he is authorized by you to use or make any changes to the account, provided such person delivers the correct user name and password. Aplus shall have no liability to you for any unauthorized use of Your Account or the services provided hereunder.

2. Restrictions and Responsibilities

2.9. In using the varied features of the Services you may provide Aplus with information such as name, contact information, or other registration information relating to either you or your employer if applicable. Aplus may use this information and any technical information about your use of this web site to tailor its presentations to you, facilitate your movement through this web site, or communicate separately with you. If you accessed the Services through a partner of Aplus, all information obtained by such partner about you may be shared with Aplus. Aplus may also share any of your information with such partners. Aplus will not provide information to companies that you have not authorized, and Aplus will not permit the companies that get such information to sell and redistribute it without your prior consent.

3. Termination

You may terminate the Services at any time by sending an email message to billing@aplus.net or by sending written notice to: Aplus.net, 3680 Victoria Street North, Shoreview, MN 55126, Attn: Billing. Aplus may terminate the Services at any time with or without cause, and with or without notice. Aplus shall have no liability to you or any third party because of such termination. Upon termination by either party, no payments from you held by Aplus shall be refunded at the time of termination and you shall have no recourse against Aplus in relation to non-refunded funds, unused email credits or unused responses remaining (or time left) related to email subscriptions.

3.1. Upon termination for any or no reason, Aplus may delete any of your archived data within 30 days after the date of termination. Additional fees may apply if you terminate your Services subscription pricing plan and subsequently choose to reactivate Your Account under a new subscription pricing plan.

3.2. At any time after the date of commencement of the Services, if you have not sent an email under a pay as you go pricing plan (“PAYG Plan”) for more than thirty (30) consecutive days, Your Account may become inactive. If you are on a subscription pricing plan, Your Account will be deemed to be inactive when the end of your subscription period has lapsed and no further payments are remitted to Aplus to continue the Services. When an account is classified (at Aplus' sole discretion) as inactive, Aplus will use reasonable efforts to notify you using the email listed Your Account. Inactive accounts have 30 days to become active or the account and its associated data, including signup campaign results, may be permanently removed from aplus’ database.

3.3. If you are on a PAYG Plan you shall have twelve (12) months from the date of purchase of email credits in which to use all such email credits purchased. After twelve (12) months, all unused email credits will automatically expire, and you shall not be entitled to a refund of unused credits nor shall you have the right to an extension of time in order to use such unused credits.

4. Free Trial and Payment Terms

5. Prohibited Content

Email Services customers must use the Services in accordance with applicable terms of services including Aplus’ Acceptable Use and Anti-Spam policies. Aplus prohibits customers purchasing its Email Services from sending email messages with content that is of the following nature:

1. Messages that are in any way illegal such as sales of illegal substances, solicitation of escort services, or sales of any products or services that cannot be legally sold by you;
2. Pornographic messages;
3. Grossly offensive messages such as messages promoting hatred, bigotry, intolerance of religious beliefs, racism or any other messages that Aplus, at its sole discretion, may deem to be offensive;
4. Includes images or other content that is not expressly authorized by either Aplus or the owner of such content;
5. Introduces any computer viruses, worms or software code that is detrimental to your email recipients;
6. Any messages that includes spam (See Aplus' Anti-Spam Policy); or
7. Any messages that are in any way prohibited by applicable law, that would constitute a violation of applicable law or be inconsistent with community standards in any jurisdiction in which the recipient resides.

6. No Export

You may not remove or export from the United States or allow the export or re-export of the Services, or any direct product thereof, including any related technical data, in violation of any restrictions, laws, or regulations of the United States or any other applicable country.

Protecting privacy is an important part of the business of Deluxe Corporation. Throughout our existence, we have been a trusted custodian of sensitive data. Our customers rely on that trust. Founded in 1915, we have a long history of recognizing and protecting the privacy of our customers' information. In 1997 we formalized our first privacy policy to ensure that all customers understand our commitment to protecting their privacy. We are committed to utilizing technology that gives you the safest and most powerful online experience available. We want to assure you that when we ask for customer information, our goal is to improve our business customer relationships and provide solutions you need to grow your business.

This Web site enables the ordering of a large suite of business services, including marketing intelligence and analytics, logo design, web design and hosting, email and search engine marketing and other services designed to help your business grow. The following statements will help you understand how we collect, use, and safeguard the information you provide through our Web sites. As used herein, "Aplus.net", "Aplus", "we", "us", "our" or "ours" refers to Deluxe Small Business Sales, Inc. and its affiliates.

Information Collection & Use

We use the information collected about you to process orders and to provide a more personalized and value-added experience. We may also use your information to communicate with you about products, services, and future promotions. For the purposes of order verification and fraud prevention, we may exchange information about our customers internally within Deluxe Small Business Sales, Inc. and among our affiliates.

The type of information we collect, use, or share may depend on the product or service you have with us. At times, we may request that you voluntarily supply identifying information for purposes such as receiving correspondence, registering on this Web site, making purchases, or participating in online surveys, forums, blogs, chat sessions, market research or contests/sweepstakes. If you elect to participate, we may require you to provide business information, including your name, mailing address, phone number, financial institution information, credit card information, or e-mail address. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information. When you submit business information to us, you understand and agree that we may access, store, and use your information.

Based upon the personally identifiable information you provide us, we may send you a welcoming email to verify your username and password. We will also communicate with you in response to your inquiries, to provide the services you request, and to manage your account. We will communicate with you by email or telephone, in accordance with your wishes. We may send you strictly service-related announcements on rare occasions when it is necessary to do so. Generally, you may not opt-out of these communications, which are not promotional in nature. If you do not wish to receive them, you have the option to deactivate your account. If you subscribe to DeluxeRev, your business information will be de-personalized and aggregated in order to provide subscribers with statistical information to help you make wise marketing decisions as you seek the optimal way to grow your business.

For testimonials, we obtain the customer's consent prior to posting their name along with their testimonial. We are not responsible for the personally identifiable information you choose to submit through testimonials. Information you provide will be safeguarded according to industry standards for security and confidentiality. Deluxe recognizes and appreciates the importance of responsible use of the information you choose to provide. We take steps to require that our vendors, consultants, suppliers, and contractors observe our Privacy Policy with respect to security and the collection, use, and exchange of our customers' information. They are expected to abide by our Privacy Policy when conducting work for us and are prohibited from using your personally identifiable information for any other purpose.

Personal Information Sharing and Your Choices

Deluxe may selectively share customer information, including names and mailing addresses, with reputable third parties and organizations whose products and services we think may interest you if the customer information is independently obtained by us (that is, if the information is received from sources other than your financial institution).

We do not share your email address with third parties for them to market their products or services directly to you. However, we may partner with selected companies to offer certain products or services we believe may be of interest to you on their behalf.

We provide you with the opportunity to opt out of receiving unsolicited marketing as a result of your transaction with us or authorizing us to share your personal information with third parties and other organizations for marketing purposes. If you no longer wish to receive special offers or promotional communications from Deluxe or any third parties, you may edit your Account Profile or follow the unsubscribe instructions included in each communication. You may also express your opt-out choices by contacting Deluxe For Business customer service (contact information below).

We reserve the right to disclose information about you as required by law and when we believe that disclosure is necessary to protect our rights and/or comply with a judicial proceeding, court order, or legal process served on our Web site.

Security

We are committed to protecting your business information. Security measures are in place on this Web site to protect against the loss, misuse, and alteration of the information under our control. We offer industry-standard security measures available through your Web browser. When you are on this Web site, the sensitive information you provide such as credit card and financial information is encrypted with secure socket layer (SSL) technology and scrambled en route and decoded once it reaches us. Please remember that e-mail, which is different from the encrypted sessions above, is not secure. Therefore, we ask that you do not send sensitive information such as credit card or account numbers to us via an unsecured e-mail message.

Non-PII Information Collection and Sharing

As is true of most websites, we gather certain information automatically and store it in log files. This information may include Internet protocol (IP) addresses, browser type, internet service provider (ISP), referring/exit pages, operating system, date/time stamp, and/or clickstream data. We may combine this automatically collected log information with other information we collect about you. We do this to improve services we offer you, and to improve marketing, analytics, and/or site functionality.

We and our partners use cookies and similar technologies to analyze trends, administer the website, track users’ movements around the website, and to gather demographic information about our user base as a whole. A cookie is a small data text file that our server sends to your computer and that your computer sends back to us each time you visit our website. Most Internet browsers automatically accept cookies. However, you can disable and/or delete cookies by controlling your browser settings. If you do disable cookies, our website will not recognize you and you may not have access to all portions of the website.

We also partner with third parties to provide you advertising based upon your browsing activities and interests. Our third party partners may use cookies or similar technologies in order to provide such advertising. If you wish to opt out of interest-based advertising click here, or if located in the European Union click here. Please note you will continue to receive generic ads.

Children Visiting our Web Sites

This Web site is intended for use by adults. We do not knowingly collect or use information from children. Should children access this Web site, we are confident that parents will not judge any of the information provided as objectionable for viewing. If you are under 18, you may use this Web site only with the involvement and permission of a parent or guardian.

Other Web Sites Linked to Deluxe's Web Sites

Our web site contains links to other sites that are not owned or controlled by Deluxe. Please be aware that we are not responsible for the privacy practices of such other sites. We encourage you to be aware when you leave our site and to read the privacy policies of each and every Web site that collects personally identifiable information. This privacy policy applies only to information collected on our Web site.

We are committed to offering the products and services you need to grow and manage your business. We offer services through relationships with third party providers; we may provide links to these third party sites to provide you with convenient access. Please review applicable terms, conditions and privacy policies displayed on the third party provider websites.

In most cases, links to other Web sites are provided solely as pointers to information on topics that may be useful to the users of this Web site. We are not responsible for the content or information practices employed by other Web sites that are linked to or from this Web site.

Consent to Privacy Policy/Changes to Privacy Policy

By using this Web site you consent to our posted Privacy Policy. If you do not agree with this Privacy Policy, please do not use this Web site. We reserve the right to modify this Privacy Policy at any time, so please review it frequently. Your continued use of this Web site following the posting of changes to these terms means that you accept these changes.

We may change our privacy policy at any time. Any changes to the privacy and security policy will be posted on this Web site and any other places we deem appropriate so that you are aware of the information we collect, how we use it, as well as the latest update on how we maintain the secure portions of our Web site. If we make material changes to this policy, we will notify you by email, through the control panel or by means of a notice displayed on our Web page.

Periodically, our operations and business practices are reviewed for compliance with corporate policies and procedures governing the confidentiality of information. These reviews are conducted by internal staff who report directly to the Deluxe Board of Directors, external auditing and accounting firms, and government regulators. Included in these self-assessments and examinations are reviews of the controls and safeguards described in our Privacy Policy.

To Correct/Update/Access/Opt Out:

We are committed to ensuring that the information we obtain and use about our customers is accurate. You can help us maintain accurate records by updating your Account Profile or by using one of the methods listed below. Our service representatives are trained to answer questions about and give you reasonable access to your personal information in our database.

Deluxe Small Business Sales, Inc.

P.O. Box 64046
St. Paul, MN 55164-0046
Phone: 1-800-328-0304
Fax: 1-800-336-1112
E-mail: deluxeforbusiness@deluxe.com

For General Inquiries:

If you have questions regarding this Privacy Policy, the practices of our Web sites, or your dealings with our Web sites, please contact us at:
Deluxe Small Business Sales, Inc.
Attn: Privacy Program Office
3680 Victoria Street N.
Shoreview, MN 55126
E-mail: privacyprogramoffice@deluxe.com
Deluxe is a BBB accredited business and complies with BBBOnLine standards.
Click to verify our BBB accreditation and to see a current BBB report

Subpoena Policy

Aplus is committed to protecting the privacy of its customers. Our Privacy Policy and other laws prohibit the release of customer or account information without express permission from the customer except when required by law or to comply with legal process that is properly served upon us.

If you are seeking the identity or account information of a Aplus customer in connection with a civil matter (or criminal matter if you are a member of the law enforcement community) you may fax, email, mail, or serve us with a valid subpoena to:

Aplus.net
3680 Victoria Street North
Shoreview, MN 55126
Attn: Custodian of Records
Email: InvestigativeDemands@deluxe.com
Fax +1 (866) 731-8254

We reserve the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.

Response Time and Notification
Upon the receipt of a valid civil subpoena, we will promptly notify the customer whose information is sought via e-mail or U.S. mail. The customer will then have 10 business days to take further action. Unless circumstances dictate otherwise, we will not immediately produce the customer information sought by the subpoena.

Fees for Compliance
We reserve the right to charge an administration fee to the customer by charging the payment method the customer has on file with us prior to the production of the subpoenaed information. Alternatively, we may issue an invoice to you. If so, payment must be made within thirty days from the date of receipt of the invoice. Checks should be made payable to Aplus.net and mailed to:

Aplus.net
3680 Victoria Street North
Shoreview, MN 55126
Attn: Custodian of Records

Aplus's subpoena compliance fees are as follows:

• Research - $150.00/hour
• Mailing costs - as billed
• Material Costs such as Discs, Hard drives, etc. - as billed

Production of Electronic Mail
We will not release the content of a customer’s email except in rare circumstances and only in accordance with our Universal Terms of Service, Privacy Policy and applicable law including the Stored Wire and Electronic Communications Act 18 U.S.C.§ 2701 et seq. We may release identifying information and non-content account information according our Universal Terms of Service and Privacy Policy.

Our email servers do not retain deleted or sent email, nor, in the ordinary course of business, do we retain any active account holder email that is not also accessible by the user. In other words, for active account holders, we have what the account holder has and nothing more. Interested parties are therefore encouraged to request the information they are seeking from our account holder directly.

In the event we are required to produce email records, we will not parse through the email account or run key word searches or date ranges against the contents of an email account. Therefore the entire email account will be produced.

Acceptable Use Policy

This Acceptable Use Policy encourages the responsible use of Aplus’ services. The behaviors listed below are generally prohibited because they either pose an unacceptable risk to the stability, integrity, or quality of our services or are otherwise contrary to Aplus’ business practices and policies.

You are solely responsible for the content you furnish to us in connection with the services we provide to you. We may review, screen or monitor content you provide to us or that you otherwise use, provide or make available in connection with any services we provide to you.

1. General Rules of Conduct

Your use of our services, including any content you submit, will comply with this Acceptable Use Policy and our Universal Terms of Use together with any other applicable Service Agreement or policies as well as all applicable local, state, national and international laws, rules and regulations. In addition, users of the Aplus services are prohibited from directly or indirectly engaging in any of the following prohibited conduct:

1. Causing an information security risk to Aplus or others.
2. Violating intellectual property rights.
3. Violating the privacy, publicity or other personal rights of others.
4. Promoting or providing assistance in promoting activities including but not limited to:
   1. Weapons or explosives (such as firearms, ammunition, explosives, and caustic or other dangerous substances).
   2. Content that is likely to shock or disgust (such as hatred, violence, threats, abuse or cruelty to people or animals; harassment; racism; sexual; pornographic; adult products or services including novelties; religious, race or political intolerance, or organizations with such views; vandalism; crime; terrorism; eating disorders; tobacco products and paraphernalia; or promotion of suicide).
   3. Content that is meant to bully, exploit or appears to unfairly capitalize at the expense of others.
   4. Unsafe supplements.
   5. Engaging in or promoting products associated with illegal activities (such as recreational drugs whether chemical or herbal; psychoactive substances; equipment to facilitate drug use, illegal gaming; or underage drinking or smoking).
   6. Highly regulated products or services.

2. Violations

Aplus reserves the right to notify law enforcement agencies if it becomes aware of any unlawful activity and not perform any services it deems to be in violation of this Acceptable Use Policy, its other corporate policies or any applicable laws. Aplus may take immediate action, including, but not limited to issuing warnings and suspending or terminating the services. In the event we take such action, we shall not be obligated to refund to you any fees paid in advance thereof.

Last updated May 2017

Anti-Spam Policy

In order to use any of Aplus’ electronic mail or facsimile transmission Services, you must abide by this Anti-Spam Policy, our Universal Terms of Use, Acceptable Use Policy and applicable laws and regulations such as the CAN-SPAM Act, the Telephone Consumer Protection Act and all other applicable U.S., state, local and international laws including but not limited to those related to spamming, privacy, obscenity, or defamation, copyright and trademark infringement and child protective email address registry.

Spamming is defined as the sending of unsolicited commercial email, unsolicited bulk email or unsolicited facsimile transmissions. These are transmissions that are sent to recipients as, e.g. an advertisement, without first obtaining prior confirmed consent or “opt-in” to receive them from the sender. If you send unsolicited email to recipients who have not requested to receive it, your email transmission may be considered to be SPAM.

Aplus has a no-tolerance spam policy. We reserve the right to either redirect your homepage or implement technical mechanisms until corrective measures are taken or your account is cancelled.

Please report any suspected abuse to abuse@aplus.net or call us at 855-791-8966. If applicable, please also unsubscribe from the newsletter using the link at the bottom of the email if you no longer wish to receive emails from the sender. We will take the appropriate action against the sender of the email in question.

Although Aplus has no obligation to monitor your use of the Services or the content provided by you as part of your use of the Services, Aplus may do so and may block any email messages, remove any such content or prohibit any use of the Services that Aplus, in its sole discretion, believes may be (or is alleged to be) in violation of this Agreement.

Using Permission-Based Lists
A permission based list is a list of email addressees (persons or organizations) that have explicitly granted their permission to receive email communications from you. You agree to import, access or use only permission-based lists in connection with your use of the Services. You agree that you shall not utilize the Services to send any commercial electronic mail message (as that term is defined in the CAN-SPAM Act) to any person who has opted out or otherwise objected to receiving such messages from you or another sender on whose behalf you may be acting. You cannot mail to distribution lists, newsgroups, or spam or unsolicited email addresses.

Email and facsimile transmissions sent using our Services must include the following:

1. Each message that is sent using the service must contain a conspicuous and simple, (e.g. one-click, opt-out method) "unsubscribe" link that allows recipients to remove themselves from your mailing list or “opt out” of receiving further communications from you. You agree that you will not remove, disable or attempt to remove or disable the unsubscribe link.
2. You acknowledge that you are responsible for maintaining and honoring the list of unsubscribe requests and taking action on each request within 10 days of being notified of any request for removal or opt-out and the opt-out mechanism must be active for at least 30 days from receipt.
3. You acknowledge and agree that you are the sole or designated "sender" (as such term is defined in the CAN-SPAM Act and any rules adopted under such act) of any message sent by you using the Services;
4. You agree that the "from" line of any message sent by you using the Services will accurately and in a non-deceptive manner identify your organization, your product or your service;
5. You agree that the "subject" line of any message sent by you using the Services will not contain any deceptive or misleading content regarding the overall subject matter of the message;
6. You agree to include in any message sent by you using the Services, your valid physical address, which may be a valid post office box meeting the registration requirements established by the United States Postal Service. Valid and accurate information in the email header (“to” or “from” line); and
7. You agree to include in any message a legitimate return address and reply-to address

If you engage in any of these activities your transmission may be considered to be Spam:

1. Using non-permissions-based email or facsimile lists
2. failing to include a working opt-out link in your email
3. failing to honor opt-out requests within 10 days of your receiving notice
4. using false or misleading information in the subject line
5. using false or misleading information in the header
6. addressing your email in a generic, non-specific manner, e.g. sales@domain.com

Abuse Reports

Reports of Abuse can be submitted by sending the relevant information to abuse@aplus.net; all reports will be promptly reviewed by the Aplus.net Abuse team. Legitimate reports of Abuse are investigated and processed as per the provisions of our Terms of Use. All Abuse reports are tracked electronically and required documentation is retained as described in our Privacy Policy.

Online Storage & Backup Terms and Conditions

1. Purpose, Acceptance of Terms      

These Online Storage & Backup terms and conditions, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business or Aplus (“Deluxe” or “Aplus”) and you, the customer, purchasing Online Storage & Backup services (the “Services”), together with any company or other business entity you are representing, if any (“you”).
The Universal Terms of Use, Copyright Infringement Policy, Acceptable Use Policy and Privacy Policy, available at www.aplus.net, any applicable purchase orders, and the documents and policies referred to herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below.  Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the Universal Terms of Use and purchase order, if any.

2. Grant of License/Restrictions

Aplus grants you a non-exclusive, non-transferable, non-assignable limited license to use and access the Services in your normal course of business. You may not publish, transmit, retransmit, disseminate, broadcast, circulate, sell, resell, loan, lease, distribute or transfer the Services or copies to third parties, nor reverse engineer,  decompile, disassemble or otherwise attempt to discern the source code of the components of the Services.

3. Your Content

You grant Aplus a worldwide right to use,  host, store, service, reproduce, modify, communicate, and publish all content uploaded to the Services by you only as is necessary for Aplus to perform its duties under this Agreement (as defined below). Aplus agrees that all of your uploaded content and documents (“Content”) is provided to Aplus by you solely to enable Aplus to provide services, including accessing and viewing your Content as directed by you or your users in order to provide technical support to you and that Content will only be used for that purpose and will only be accessed by those Aplus employees and its affiliates who have a need to access your Content in order to provide the services.  You shall retain all title and ownership of any intellectual property rights you hold in your Content. You are responsible for ensuring that you have all of the necessary rights in any Content and that the Content does not infringe on the rights of any copyright owners, violate any applicable laws or violate the terms of any license or agreement. Upon receipt of adequate notice under the Digital Millennium Copyright Act (17 U.S.C.A. § 512), Aplus reserves the right to delete or disable any Content alleged to infringe on the intellectual property rights of any third party.

4. Termination 

Aplus  reserves the right to refuse Services to anyone and to terminate existing Services with 14 days advance notice for any or no reason; and without advance notice if you violate this or any other Agreement, policy or terms of use. You have the right to terminate the Services at any time with written notice sent by mail to the address below or by contacting us here (855.791.8966).  Both parties agree that there will be no monetary compensation or refund, prorated or otherwise, for terminated services regardless of the reason.  You must remove your Content from the Online Storage & Backup site prior to terminating the Services.  Aplus reserves the right to delete your Content without notice should you violate the Agreement or fail to pay for the Services.

5. Lawful Use of Internet

You agree to use the Internet and the Services in accordance with these terms of use, our Universal Terms of Use, Acceptable Use Policy and any other applicable terms together with any applicable federal, state and local laws, rules and regulations

6. Security and Integrity of Information

Although we implement the industry standard technology for information protection, there is no guarantee that the information on the Internet is absolutely secured or may never be destroyed. You agree to hold us harmless in cases of loss of information or loss of privacy.

7. Our contact information

Address:
Attn: Online Storage & Backups
Aplus.net
3680 Victoria Street North
Shoreview, MN 55126

Phone: +1 (855) 791-8966
Customer Service / Technical Support available 24/7

Fax: +1 (877) 532-0132
General: +1 (877) 532-0132
Email: support@aplus.net

Sales: sales@aplus.net
Technical Support/ Customer Care: support@aplus.net
Billing: billing@aplus.net

EUROPEAN COMMISSION

DIRECTORATE-GENERAL JUSTICE

Directorate C: Fundamental rights and Union citizenship Unit C.3: Data protection

Commission Decision C(2004)5721

SET II

Standard contractual clauses for the transfer of personal data from the Community to third countries (controller to controller transfers)

Data transfer agreement

between

Customer

hereinafter “data exporter”

and

Deluxe Small Business Sales, Inc.
3680 Victoria St N
Shoreview, MN 55126
United States

hereinafter “data importer”

each a “party”; together “the parties”.

Definitions

For the purposes of the clauses:

1. “personal data”, “special categories of data/sensitive data”, “process/processing”, “controller”, “processor”, “data subject” and “supervisory authority/authority” shall have the same meaning as in Directive 95/46/EC of 24 October 1995 (whereby “the authority” shall mean the competent data protection authority in the territory in which the data exporter is established);
2. “the data exporter” shall mean the controller who transfers the personal data;
3. “the data importer” shall mean the controller who agrees to receive from the data exporter personal data for further processing in accordance with the terms of these clauses and who is not subject to a third country’s system ensuring adequate protection;
4. “clauses” shall mean these contractual clauses, which are a free-standing document that does not incorporate commercial business terms established by the parties under separate commercial arrangements.

The details of the transfer (as well as the personal data covered) are specified in Annex B, which forms an integral part of the clauses.

I. Obligations of the data exporter

The data exporter warrants and undertakes that:

1. The personal data have been collected, processed and transferred in accordance with the laws applicable to the data exporter.
2. It has used reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses.
3. It will provide the data importer, when so requested, with copies of relevant data protection laws or references to them (where relevant, and not including legal advice) of the country in which the data exporter is established.
4. It will respond to enquiries from data subjects and the authority concerning processing of the personal data by the data importer, unless the parties have agreed that the data importer will so respond, in which case the data exporter will still respond to the extent reasonably possible and with the information reasonably available to it if the data importer is unwilling or unable to respond. Responses will be made within a reasonable time.
5. It will make available, upon request, a copy of the clauses to data subjects who are third party beneficiaries under clause III, unless the clauses contain confidential information, in which case it may remove such information. Where information is removed, the data exporter shall inform data subjects in writing of the reason for removal and of their right to draw the removal to the attention of the authority. However, the data exporter shall abide by a decision of the authority regarding access to the full text of the clauses by data subjects, as long as data subjects have agreed to respect the confidentiality of the confidential information removed. The data exporter shall also provide a copy of the clauses to the authority where required.

II. Obligations of the data importer

The data importer warrants and undertakes that:

1. It will have in place appropriate technical and organisational measures to protect the personal data against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, and which provide a level of security appropriate to the risk represented by the processing and the nature of the data to be protected.
2. It will have in place procedures so that any third party it authorises to have access to the personal data, including processors, will respect and maintain the confidentiality and security of the personal data. Any person acting under the authority of the data importer, including a data processor, shall be obligated to process the personal data only on instructions from the data importer. This provision does not apply to persons authorised or required by law or regulation to have access to the personal data.
3. It has no reason to believe, at the time of entering into these clauses, in the existence of any local laws that would have a substantial adverse effect on the guarantees provided for under these clauses, and it will inform the data exporter (which will pass such notification on to the authority where required) if it becomes aware of any such laws.
4. It will process the personal data for purposes described in Annex B, and has the legal authority to give the warranties and fulfill the undertakings set out in these clauses.
5. It will identify to the data exporter a contact point within its organisation authorised to respond to enquiries concerning processing of the personal data, and will cooperate in good faith with the data exporter, the data subject and the authority concerning all such enquiries within a reasonable time. In case of legal dissolution of the data exporter, or if the parties have so agreed, the data importer will assume responsibility for compliance with the provisions of clause I(e).
6. At the request of the data exporter, it will provide the data exporter with evidence of financial resources sufficient to fulfill its responsibilities under clause III (which may include insurance coverage).
7. Upon reasonable request of the data exporter, it will submit its data processing facilities, data files and documentation needed for processing to reviewing, auditing and/or certifying by the data exporter (or any independent or impartial inspection agents or auditors, selected by the data exporter and not reasonably objected to by the data importer) to ascertain compliance with the warranties and undertakings in these clauses, with reasonable notice and during regular business hours. The request will be subject to any necessary consent or approval from a regulatory or supervisory authority within the country of the data importer, which consent or approval the data importer will attempt to obtain in a timely fashion.
8. It will process the personal data, at its option, in accordance with:
   1. the data protection laws of the country in which the data exporter is established, or
   2. the relevant provisions¹ of any Commission decision pursuant to Article 25(6) of Directive 95/46/EC, where the data importer complies with the relevant provisions of such an authorisation or decision and is based in a country to which such an authorisation or decision pertains, but is not covered by such authorisation or decision for the purposes of the transfer(s) of the personal data², or
   3. the data processing principles set forth in Annex A.
      Data importer to indicate which option it selects: iii ..................................................................................................
      Initials of data importer: Deluxe Small Business Sales, Inc.;
9. It will not disclose or transfer the personal data to a third party data controller located outside the European Economic Area (EEA) unless it notifies the data exporter about the transfer and
   1. the third party data controller processes the personal data in accordance with a Commission decision finding that a third country provides adequate protection, or
   2. the third party data controller becomes a signatory to these clauses or another data transfer agreement approved by a competent authority in the EU, or
   3. data subjects have been given the opportunity to object, after having been informed of the purposes of the transfer, the categories of recipients and the fact that the countries to which data is exported may have different data protection standards, or
   4. with regard to onward transfers of sensitive data, data subjects have given their unambiguous consent to the onward transfer

¹“Relevant provisions” means those provisions of any authorisation or decision except for the enforcement provisions of any authorisation or decision (which shall be governed by these clauses).
²However, the provisions of Annex A.5 concerning rights of access, rectification, deletion and objection must be applied when this option is chosen and take precedence over any comparable provisions of the Commission Decision selected.

III. Liability and third party rights

1. Each party shall be liable to the other parties for damages it causes by any breach of these clauses. Liability as between the parties is limited to actual damage suffered. Punitive damages (i.e. damages intended to punish a party for its outrageous conduct) are specifically excluded. Each party shall be liable to data subjects for damages it causes by any breach of third party rights under these clauses. This does not affect the liability of the data exporter under its data protection law.
2. The parties agree that a data subject shall have the right to enforce as a third party beneficiary this clause and clauses I(b), I(d), I(e), II(a), II(c), II(d), II(e), II(h), II(i), III(a), V, VI(d) and VII against the data importer or the data exporter, for their respective breach of their contractual obligations, with regard to his personal data, and accept jurisdiction for this purpose in the data exporter’s country of establishment. In cases involving allegations of breach by the data importer, the data subject must first request the data exporter to take appropriate action to enforce his rights against the data importer; if the data exporter does not take such action within a reasonable period (which under normal circumstances would be one month), the data subject may then enforce his rights against the data importer directly. A data subject is entitled to proceed directly against a data exporter that has failed to use reasonable efforts to determine that the data importer is able to satisfy its legal obligations under these clauses (the data exporter shall have the burden to prove that it took reasonable efforts).

IV. Law applicable to the clauses

These clauses shall be governed by the law of the country in which the data exporter is established, with the exception of the laws and regulations relating to processing of the personal data by the data importer under clause II(h), which shall apply only if so selected by the data importer under that clause.

V. Resolution of disputes with data subjects or the authority

1. In the event of a dispute or claim brought by a data subject or the authority concerning the processing of the personal data against either or both of the parties, the parties will inform each other about any such disputes or claims, and will cooperate with a view to settling them amicably in a timely fashion.
2. The parties agree to respond to any generally available non-binding mediation procedure initiated by a data subject or by the authority. If they do participate in the proceedings, the parties may elect to do so remotely (such as by telephone or other electronic means). The parties also agree to consider participating in any other arbitration, mediation or other dispute resolution proceedings developed for data protection disputes.
3. Each party shall abide by a decision of a competent court of the data exporter’s country of establishment or of the authority which is final and against which no further appeal is possible.

VI. Termination

1. In the event that the data importer is in breach of its obligations under these clauses, then the data exporter may temporarily suspend the transfer of personal data to the data importer until the breach is repaired or the contract is terminated.
2. In the event that:
   1. the transfer of personal data to the data importer has been temporarily suspended by the data exporter for longer than one month pursuant to paragraph (a);
   2. compliance by the data importer with these clauses would put it in breach of its legal or regulatory obligations in the country of import;
   3. the data importer is in substantial or persistent breach of any warranties or undertakings given by it under these clauses;
   4. a final decision against which no further appeal is possible of a competent court of the data exporter’s country of establishment or of the authority rules that there has been a breach of the clauses by the data importer or the data exporter; or
   5. a petition is presented for the administration or winding up of the data importer, whether in its personal or business capacity, which petition is not dismissed within the applicable period for such dismissal under applicable law; a winding up order is made; a receiver is appointed over any of its assets; a trustee in bankruptcy is appointed, if the data importer is an individual; a company voluntary arrangement is commenced by it; or any equivalent event in any jurisdiction occurs
   then the data exporter, without prejudice to any other rights which it may have against the data importer, shall be entitled to terminate these clauses, in which case the authority shall be informed where required. In cases covered by (i), (ii), or (iv) above the data importer may also terminate these clauses.
3. Either party may terminate these clauses if (i) any Commission positive adequacy decision under Article 25(6) of Directive 95/46/EC (or any superseding text) is issued in relation to the country (or a sector thereof) to which the data is transferred and processed by the data importer, or (ii) Directive 95/46/EC (or any superseding text) becomes directly applicable in such country.
4. The parties agree that the termination of these clauses at any time, in any circumstances and for whatever reason (except for termination under clause VI(c)) does not exempt them from the obligations and/or conditions under the clauses as regards the processing of the personal data transferred.

VII. Variation of these clauses

The parties may not modify these clauses except to update any information in Annex B, in which case they will inform the authority where required. This does not preclude the parties from adding additional commercial clauses where required.

VIII. Description of the Transfer

The details of the transfer and of the personal data are specified in Annex B. The parties agree that Annex B may contain confidential business information which they will not disclose to third parties, except as required by law or in response to a competent regulatory or government agency, or as required under clause I(e). The parties may execute additional annexes to cover additional transfers, which will be submitted to the authority where required. Annex B may, in the alternative, be drafted to cover multiple transfers.

Dated: Date Customer evidences that they have read and understood the terms and use and policies located here: https://www.deluxe.com/policy

ANNEX A

DATA PROCESSING PRINCIPLES

1. Purpose limitation: Personal data may be processed and subsequently used or further communicated only for purposes described in Annex B or subsequently authorised by the data subject.
2. Data quality and proportionality: Personal data must be accurate and, where necessary, kept up to date. The personal data must be adequate, relevant and not excessive in relation to the purposes for which they are transferred and further processed.
3. Transparency: Data subjects must be provided with information necessary to ensure fair processing (such as information about the purposes of processing and about the transfer), unless such information has already been given by the data exporter.
4. Security and confidentiality: Technical and organisational security measures must be taken by the data controller that are appropriate to the risks, such as against accidental or unlawful destruction or accidental loss, alteration, unauthorised disclosure or access, presented by the processing. Any person acting under the authority of the data controller, including a processor, must not process the data except on instructions from the data controller.
5. Rights of access, rectification, deletion and objection: As provided in Article 12 of Directive 95/46/EC, data subjects must, whether directly or via a third party, be provided with the personal information about them that an organisation holds, except for requests which are manifestly abusive, based on unreasonable intervals or their number or repetitive or systematic nature, or for which access need not be granted under the law of the country of the data exporter. Provided that the authority has given its prior approval, access need also not be granted when doing so would be likely to seriously harm the interests of the data importer or other organisations dealing with the data importer and such interests are not overridden by the interests for fundamental rights and freedoms of the data subject. The sources of the personal data need not be identified when this is not possible by reasonable efforts, or where the rights of persons other than the individual would be violated. Data subjects must be able to have the personal information about them rectified, amended, or deleted where it is inaccurate or processed against these principles. If there are compelling grounds to doubt the legitimacy of the request, the organisation may require further justifications before proceeding to rectification, amendment or deletion. Notification of any rectification, amendment or deletion to third parties to whom the data have been disclosed need not be made when this involves a disproportionate effort. A data subject must also be able to object to the processing of the personal data relating to him if there are compelling legitimate grounds relating to his particular situation. The burden of proof for any refusal rests on the data importer, and the data subject may always challenge a refusal before the authority.
6. Sensitive data: The data importer shall take such additional measures (e.g. relating to security) as are necessary to protect such sensitive data in accordance with its obligations under clause II.
7. Data used for marketing purposes: Where data are processed for the purposes of direct marketing, effective procedures should exist allowing the data subject at any time to “opt-out” from having his data used for such purposes.
8. Automated decisions: For purposes hereof “automated decision” shall mean a decision by the data exporter or the data importer which produces legal effects concerning a data subject or significantly affects a data subject and which is based solely on automated processing of personal data intended to evaluate certain personal aspects relating to him, such as his performance at work, creditworthiness, reliability, conduct, etc. The data importer shall not make any automated decisions concerning data subjects, except when:
   1. i. such decisions are made by the data importer in entering into or performing a contract with the data subject, and
      ii. the data subject is given an opportunity to discuss the results of a relevant automated decision with a representative of the parties making such decision or otherwise to make representations to that parties.
      or
   2. where otherwise provided by the law of the data exporter.

ANNEX B

Description of the transfer

(To be completed by the parties)

The personal data transferred concern the following categories of data subjects:
Customer and any data subjects Customer chooses to market to and communicate with through Aplus.net products and services.

The transfer is made for the following purposes:
Providing Aplus services to Customer including, but not limited to, to providing and servicing Customer’s use of website hosting, online store, web design, SSL certificates, virtual private servers, website security, domain registration, logo design, email services, fax to email services, business card design, email marketing, local listing, and online storage and backup.

The personal data transferred concern the following categories of data:
Business information, including your name, mailing address, phone number, financial institution information, credit card information, or e-mail address. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information. In certain areas of Deluxe Small Business Sales, Inc. Web sites, you may provide employee information such as when adding additional authorized users to your business account and updating contact information.

Employees of Deluxe Small Business Sales, Inc. and any Deluxe Corporation entities with applicable intercompany data transfer agreements.

The personal data transferred concern the following categories of sensitive data:
None.

N/A.

This agreement governs the transfer of data subject’s personal data in procurement and use of Aplus.net products and services.