Domain Terms & Conditions

Together with our overall Terms of Service, the following additional terms and conditions apply with respect to domain names registered and managed by Nuvisto Inc. (aka, "Nuvisto") on behalf of our paying subscribers (aka, the "Customer") to the My Studio Assistant service.

Services

Upon request, Nuvisto will register an Internet domain name or renew a Customer's registration of an existing domain name (aka, the "Domain") on the Customer's behalf using our preferred domain registrar (aka, the "Registrar"), namely GoDaddy. All new and renewal registrations will be subject to GoDaddy's terms and conditions, located at http://www.godaddy.com/ (aka, the "Registrar Terms").

Free Domain Name

Nuvisto may provide one (1) free Domain upon receipt of initial payment for the purchase of any new paid annual subscription plan to My Studio Assistant. This Domain will be included free of charge for the lifetime of your Account. This offer of a free Domain (aka, the "Offer") applies only to certain Domain extensions (aka, "TLDs"), namely .com, .ca, and .org. Nuvisto cannot assure the availability of your preferred Domain. This Offer is not valid on account renewals or transfers.

Term and Renewals

Domain registrations and renewals are for a period of twelve (12) months (aka, the "Term"). On the day prior to the registration renewal date of your Domain, we will attempt to renew your account subscription for an additional period equivelant to that of the current subscription term (i.e. one (1) month, or one (1) year, as appropriate). If our renewal is successful, the registration for your Domain will be extended for an additional 12 months. If you do not wish to continue renewing the Domain beyond the current Term, you must notify us explicitly at least thirty (30) days in advance of the expiry of the current Term that you wish us to cancel this service, either by contacting support for My Studio Assistant or in writing by surface mail at:

Nuvisto Inc.
41 Collinsgrove Rd.
Unit 188

Scarborough ON
M1E 4Z1
Canada

Account Cancellation & Expiry

This Offer will expire immediately upon cancellation of your account or downgrade to a free subscription plan. At such time and upon your request, we will transfer the right and title of the related Domain to you or any other party that you designate. You may not transfer a Domain within 90 days of registration. Alternatively, the Domain registration will be allowed to expire.

Recovering a domain name after expiry

It may be possible for us to recover a Domain on your behalf after it has expired. Renewal of a Domain after its expiry is subject to a Domain Recovery Fee of $200 plus any applicable renewal fees and taxes. It may not always be possible to renew a Domain after its expiry and Nuvisto has the sole and final word in determining when a Domain can be renewed post-expiry and what fees will be applicable.

If you forfeit a Domain for non-payment of your account, Nuvisto will have the right, in its sole discretion, to (a) register or renew and use the Domain for its own purposes; (b) sell or transfer the Domain to a third-party; or (c) allow the Domain registration to expire.

Termination of Offer

Nuvisto reserves the right to end this offer at any time and for any reason and will provide you with written notice by email in the event of such an occurance. Nuvisto may, in its sole discretion, refund any unused portion of your subscription fee, and if applicable, assist you in transferring your Domain to another registrar.

Third Party Terms

Nuvisto is permitted by the Internet Corporation for Assigned Names and Numbers (“ICANN") and many domain name registries to register Domains on your behalf only on the condition that Nuvisto requires you to agree to certain additional terms, conditions, and fees. These additional terms, conditions, and fees are listed in the "OpenSRS Registrant Agreement - Exhibit A” (“Third-Party Terms”). The Third-Party terms are part of these Domain Terms and Conditions, and you are bound by them just as if they were included herein. In the event that this Offer is inconsistent with any provision of the Third-Party Terms, the Third-Party Terms shall prevail.

Complaints & Legal Challenges

Sometimes Domain registrations become the subject of a legal challenge. If Nuvisto is made a party to any legal action by virtue of a Domain registered on your behalf, you agree to be responsible for all of Nuvisto’s costs and legal fees and to indemnify and hold Nuvisto harmless from any action. If Nuvisto is notified that a complaint has been filed with a judicial or administrative body regarding your Domain, Nuvisto may, at its sole discretion, (a) suspend your ability to use, make modifications to, or transfer your Domain registration records and/or (b) deposit control of your Domain registration record with the appropriate judicial entity by supplying a registrar certificate from us.

Right to Limit Quantities Purchased

We reserve the right to limit the number of Domains registered on your behalf to normal retail quantities. You agree that we may do so in our sole discretion and that our decision concerning any limitations is solely ours.

Jurisdiction

This Offer is governed by and will be enforced in accordance with the laws of the Province of Ontario in Canada. Any action brought against Nuvisto arising out of or relating to this Offer must be brought in the courts of Ontario at Toronto, ON, and you consent to the exclusive jurisdiction of such courts.

Limitation of Liability

You agree that our entire liability, and your exclusive remedy, with respect to any services provided under this Offer and any breach of this Offer is solely limited to the amounts you have paid us. My Studio Assistant, Nuvisto Inc., and their directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN, and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services or for the cost of procurement of substitute services. Because some jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such jurisdictions, our liability is limited to the extent permitted by law.

We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Offer; (6) loss or liability resulting from the interruption of your service.You agree that we will not be liable for any loss of registration and use of your Domain, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.

Disclaimer of Warranties

You agree that your use of our services is solely at your own risk. You agree that such services are provided on an "as is," "as available" basis.We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose, and non-infringement.We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.

We make no warranty regarding any goods or services purchased or obtained through the service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service shall create any warranty not expressly made herein.

Registrant Rights and Responsibilities Under the 2009 Registrar Accreditation Agreement

Please click here to review these.

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