REMAC Domain Management Terms

1. INTRODUCTION AND SCOPE

These Domain Management Terms ("Terms") apply to internet domain names that REMAC Enterprises, Ltd. ("REMAC", "we", "us") registers, renews, or manages for you ("Customer", "you") in connection with the services we provide to you, and to any domain you manage through the REMAC workspace.

REMAC provides domain registration and management as part of its services. Two different kinds of domain are covered, and the difference matters: "Your Domains", which you own and we manage for you (Section 3), and "REMAC Service Domains", which REMAC owns and provides to you as part of a service (Section 4). The REMAC workspace identifies which category each domain falls into.

By accepting these Terms you agree to them on behalf of yourself and any organization you represent, and you represent that you are authorized to do so. If you do not agree, do not accept, and do not use the domain management service.

These Terms supplement, and do not replace, the REMAC Terms of Service and the REMAC Acceptable Use Policy, each of which is incorporated by reference. Where these Terms conflict with either of them in respect of domains, these Terms control.

REMAC will register, renew, and manage domains as you direct through the workspace, exercising reasonable skill and care.

2. DEFINITIONS

"Registrar" means the ICANN-accredited registrar of record through which a domain is registered. REMAC currently uses Cloudflare, Inc. as its Registrar.

"Registrar Agreement" means the Registrar's domain registration agreement, currently at https://www.cloudflare.com/domain-registration-agreement/, as amended from time to time. REMAC will keep a link to the current version available in the workspace.

"Registered Name Holder" means the person or organization identified as the registrant in a domain's registration data record (the "WHOIS" or RDAP record). The Registered Name Holder is the legal owner of the domain.

"Registry Operator" means the operator of the registry for the relevant top-level domain. "ICANN" means the Internet Corporation for Assigned Names and Numbers.

"Your Domain" means a domain for which you are the Registered Name Holder. "REMAC Service Domain" means a domain for which REMAC is the Registered Name Holder and which REMAC makes available to you as part of a service.

3. YOUR DOMAINS — YOU OWN THEM

For each of Your Domains, you are the Registered Name Holder and the owner of the domain. REMAC acts solely as your agent to register, renew, and manage it at your direction.

A domain that REMAC registered, renewed, or acquired at your request or at your expense, or that consists of or incorporates your trade name, trademark, or brand, is one of Your Domains REGARDLESS OF THE NAME CURRENTLY SHOWN ON THE REGISTRATION RECORD, including where the record still names REMAC from a period before these Terms. For any such domain, REMAC holds the registration solely as your agent and for your benefit, and will update the registration record to name you as the Registered Name Holder as soon as reasonably practicable, and in any event within ninety (90) days of your acceptance of these Terms, except where a Registrar or ICANN process delays the update. In case of doubt, a domain is presumed to be one of Your Domains rather than a REMAC Service Domain.

REMAC claims no ownership of, and no beneficial, equitable, or proprietary interest in, any of Your Domains, whether or not REMAC's contact details or name appear on the registration record, and regardless of the payment status of your account. REMAC will not use, sell, license to any other party, encumber, monetize, or transfer any of Your Domains for its own benefit or the benefit of any third party.

If you fail to pay for a domain, REMAC's only remedies as to that domain are those in Sections 8 and 9 — it may decline to renew the domain, or allow it to expire, in each case after making the notification attempts described in Section 7. In no event do these Terms transfer ownership of any of Your Domains to REMAC.

The workspace identifies whether you or REMAC is the Registered Name Holder of each domain. Where the registrant name or organization field identifies you or your organization, you are the Registered Name Holder even though REMAC's contact details appear elsewhere in the record.

4. REMAC SERVICE DOMAINS — WE OWN THEM

Some domains are owned by REMAC and provided to you as a component of a service — for example, a domain used to deliver a hosted application, a web-hosting service, or a communications service. These are REMAC Service Domains, they are identified as such in the workspace, and REMAC is the Registered Name Holder of them. A domain is a REMAC Service Domain ONLY IF REMAC registered it in its own name, at its own initiative and expense, for use in delivering a service to one or more customers, and NOT at your request, at your expense, or for your brand. The workspace listing at the time you accept these Terms identifies each domain's category; if you believe a domain is miscategorized, you must notify REMAC in writing within thirty (30) days of acceptance, and the parties will resolve the question by reference to who requested the domain, who paid for it, who uses it, and whose brand it carries.

For a REMAC Service Domain, you receive a non-exclusive, non-transferable right to use the domain for as long as the related service remains active and paid for. You do not acquire ownership of, or any other right in, a REMAC Service Domain by using it, and your right to use it ends when the related service ends.

If you wish to acquire a REMAC Service Domain, you may ask, and REMAC will consider the request in good faith on commercially reasonable terms; REMAC is not obliged to agree. If REMAC agrees, the domain becomes one of Your Domains and Section 3 applies to it from that point.

REMAC will tell you, before a service begins or as soon as reasonably practicable, whether a domain used in that service is a REMAC Service Domain, so that you are not mistaken about what you own.

5. AGENT AUTHORIZATION AND CONTACT DETAILS

You authorize REMAC to act as your agent for the registration, renewal, transfer, and administration of Your Domains, including to submit, maintain, and update registration data on your behalf and to communicate with the Registrar, Registry Operators, and ICANN in that capacity. REMAC provides the domain services for a fixed fee as an independent contractor; Section 8 governs fees and the limits of this authorization.

You also authorize REMAC to change the Registrar through which one of Your Domains is registered, for operational, pricing, or continuity reasons, provided the registration record continues to identify you as the Registered Name Holder and REMAC gives you notice of the change.

You authorize REMAC to list its own contact details — including domains@remacenterprises.com — on the registration record, INCLUDING AS THE REGISTRANT CONTACT EMAIL ADDRESS and as the administrative and technical contact, so that operational, renewal, verification, and dispute correspondence about your domains reaches REMAC as your agent and is acted upon. This does not change who owns the domain: the registrant name and organization identify you. REMAC WILL PROMPTLY FORWARD TO YOU any communication received at those contact points that names you, requires the Registered Name Holder's action or response, or concerns a dispute, transfer, verification, or suspension of a domain, and will act on time-limited Registrar or ICANN verification requests so that a failure to respond does not jeopardize the domain.

At your written request, REMAC will replace its contact details on the record with your own within seven (7) days. You acknowledge that ICANN policy may prohibit transferring a domain to another registrar for a period following any change to its registration data (currently sixty (60) days), so such a change may temporarily prevent a transfer. Where the Registrar permits the current registrant to opt out of that lock at the time the change is approved, REMAC will exercise the opt-out if you so direct.

You must provide, and keep current, complete and accurate registration data, and must notify REMAC of any change within seven (7) days so that REMAC can update the record within the period required by the Registrar Agreement. You acknowledge that willfully providing inaccurate registration data, willfully failing to update it, or failing to respond for over fifteen (15) days to an inquiry about its accuracy, may be grounds for suspension or cancellation of the domain by the Registrar or the Registry Operator.

6. REGISTRAR AND ICANN TERMS

Domains are registered through the Registrar and are subject to the Registrar Agreement and to ICANN and Registry Operator policies. Because you are the Registered Name Holder of Your Domains, ICANN requires that you be bound by the Registrar's registration terms. You therefore agree to be bound by all provisions of the Registrar Agreement that apply to a Registered Name Holder, as if you were a party to it, and you confirm you have had the opportunity to review it. You appoint REMAC as your agent to enter into and accept the Registrar Agreement on your behalf as Registered Name Holder, and you agree that you are bound to the Registrar under it accordingly.

Without limiting the foregoing, and as required by the ICANN Registrar Accreditation Agreement, you specifically agree that: (a) you will provide and keep current accurate and reliable registration data as described in Section 5; (b) you consent to the collection, processing, publication, escrow, and disclosure of registration data as described in Section 12; (c) you represent that, to the best of your knowledge and belief, neither the registration of a domain nor the manner in which it is directly or indirectly used infringes the legal rights of any third party; (d) for the adjudication of disputes concerning or arising from the use of a domain, you submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of your own domicile and of the location of the Registrar, and Section 17 does not apply to such third-party proceedings; and (e) a domain registration is subject to suspension, cancellation, or transfer under any ICANN specification or policy, or any registrar or registry procedure not inconsistent with them, to correct a mistake by the Registrar or the Registry Operator, or to resolve a dispute concerning the domain.

YOU WILL INDEMNIFY AND HOLD HARMLESS THE REGISTRAR, THE APPLICABLE REGISTRY OPERATOR, AND ICANN, AND THEIR RESPECTIVE DIRECTORS, OFFICERS, EMPLOYEES, AND AGENTS, FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LIABILITIES, COSTS, AND EXPENSES (INCLUDING REASONABLE LEGAL FEES) ARISING OUT OF OR RELATED TO THE REGISTRATION OR USE OF A DOMAIN REGISTERED OR ADMINISTERED FOR YOU.

The Registrar, each applicable Registry Operator, and ICANN are intended third-party beneficiaries of this Section 6 and of Sections 10 and 11, to the extent of the obligations that the Registrar Agreement and ICANN policy require to be passed through to a Registered Name Holder.

You agree to comply with the ICANN Uniform Domain-Name Dispute-Resolution Policy ("UDRP"), the Uniform Rapid Suspension System where applicable, the ICANN Transfer Policy, and applicable Registry Operator policies. If you permit any other person to use one of Your Domains, you must require that person to comply with these Terms and the Registrar Agreement, and you remain responsible to REMAC for their acts and omissions. If you license the use of one of Your Domains to a third party, you nonetheless remain the Registered Name Holder of record and accept liability for harm caused by wrongful use of the domain, unless you disclose the user's identity and current contact information within seven (7) days to a party providing you reasonable evidence of actionable harm.

7. RENEWAL NOTICES AND EXPIRATION

Because REMAC's contact details appear on the registration record as your designated agent (Section 5), the Registrar's own renewal and expiration notices for a domain are delivered to REMAC rather than to you. REMAC therefore commits to notify you directly as described in this Section. Expiration dates for each domain are also shown in the workspace at all times, and you remain responsible for monitoring them and for maintaining a current, monitored email address on your account.

REMAC will send you at least two notices before a domain expires — approximately forty-five (45) days before, and approximately seven (7) days before — and, if the domain has not been renewed, at least one further notice within five (5) days after expiration, in each case to the primary email address on your account. A NOTICE UNDER THIS SECTION IS EFFECTIVE WHEN SENT TO THE PRIMARY EMAIL ADDRESS ON YOUR ACCOUNT, WHETHER OR NOT IT IS RECEIVED. If REMAC fails to send a notice required by this Section and a domain expires as a result, REMAC will, AS YOUR SOLE AND EXCLUSIVE REMEDY FOR THAT FAILURE, pay or credit the redemption or restoration fees reasonably required to recover the domain, where recovery remains possible, and will assist you in recovering it.

If a domain expires: DNS resolution for it — including any website or email service that depends on it — may stop working; it may be recoverable during a redemption period of approximately thirty (30) days, but only on payment of redemption or restoration fees that may substantially exceed the normal renewal fee; and after that period it may be permanently deleted and become available for anyone to register.

Current renewal and redemption pricing is available in the workspace and on request.

8. FEES AND PAYMENT

Domain fees are quoted to you in advance and are payable in advance. Once a registration, renewal, or transfer has been submitted to the Registrar or the Registry Operator, the fee is non-refundable, because the corresponding charge is non-refundable to REMAC.

Auto-renewal is enabled by default for each of Your Domains, because expiration is dangerous and usually unintended. THE REGISTRAR'S RENEWAL CHARGE TO REMAC OCCURS APPROXIMATELY THIRTY (30) DAYS BEFORE EXPIRATION AND IS NON-REFUNDABLE FROM THAT POINT. IF YOU DO NOT WISH A DOMAIN TO RENEW, YOU MUST TELL REMAC BEFORE THAT DATE; the notice REMAC sends approximately forty-five (45) days before expiration will remind you. If you direct REMAC not to renew within seven (7) days after that first notice and before the Registrar has charged REMAC, no renewal fee is payable. If REMAC has already paid the Registrar to renew your domain, the corresponding renewal fee remains payable by you, notwithstanding any later termination or transfer of that domain.

If your account is past due, or you do not respond to the notices in Section 7, REMAC may disable auto-renewal for your domains on a prospective basis after giving you at least fourteen (14) days' notice, and may decline to renew a domain or allow it to expire. REMAC will not, however, refuse to release or transfer one of Your Domains on account of amounts owed for other REMAC services (see Section 9).

Domain pricing may change, including as a result of changes in registry or registrar pricing. REMAC will make current renewal pricing, and current redemption or restoration pricing, available to you in the workspace and on request.

Fixed price; markup disclosed; no fiduciary relationship. Domain fees are quoted to you as fixed prices. YOU ACKNOWLEDGE THAT THE PRICE REMAC CHARGES YOU FOR REGISTERING, RENEWING, TRANSFERRING, OR MANAGING A DOMAIN EXCEEDS THE AMOUNT REMAC PAYS THE REGISTRAR OR ANY OTHER THIRD PARTY, AND THAT THE DIFFERENCE IS REMAC'S AGREED COMPENSATION FOR PROVIDING THE DOMAIN SERVICES. YOU CONSENT TO REMAC SETTING AND RETAINING THAT COMPENSATION, AND YOU AGREE THAT REMAC HAS NO OBLIGATION TO DISCLOSE ITS COSTS OR THE AMOUNT OF ITS COMPENSATION, AND NO DUTY TO ACCOUNT TO YOU FOR EITHER. Domain fees are not charged on a cost-reimbursement, pass-through, or cost-plus basis. In providing the domain services REMAC acts as an independent contractor, and the limited authority you grant in Section 5 — to act on your behalf in dealings with the Registrar and on the registration record — is granted for your administrative convenience and does not make REMAC your fiduciary, trustee, broker, or purchasing agent with respect to pricing, fees, or any other commercial term of the domain services.

9. TRANSFERS AND GETTING YOUR DOMAIN OUT

You may ask at any time for one of Your Domains to be transferred to another registrar or to an account you control. Because you own it, REMAC will not unreasonably refuse, delay, or condition that request. REMAC will unlock the domain and provide the transfer authorization ("auth" or "EPP") code within five (5) business days of a verified request, and will update the Registered Name Holder record to your own contact details on request within seven (7) days.

REMAC may decline or delay a transfer only where: (a) domain fees for that specific domain remain unpaid; (b) the transfer is prohibited by ICANN, Registrar, or Registry Operator policy, including during a lock period following registration, a change of registration data, or a prior transfer; (c) REMAC cannot reasonably verify that the request comes from an authorized representative of the Customer; or (d) the domain is subject to a dispute proceeding, fraud investigation, court order, or other legal process that prevents transfer.

For the avoidance of doubt, REMAC will not withhold one of Your Domains because of amounts you owe for other REMAC services. Your ownership of a domain is not security for unrelated debts.

On request in connection with a transfer, REMAC will provide you a copy of the domain's DNS zone records, so that transferring the registration does not interrupt your website, email, or other services.

Transfer processing times are controlled by the gaining and losing registrars and by the Registry Operator, and REMAC does not control them. A REMAC Service Domain is not transferable to you except as provided in Section 4.

10. ACCEPTABLE USE

You may not use a domain for any unlawful purpose, in any manner that infringes the rights of a third party, or in violation of the REMAC Acceptable Use Policy, the Registrar Agreement, or ICANN or Registry Operator policy.

Prohibited uses include, without limitation: distributing malware; phishing, pharming, or other fraud; distributing child sexual abuse material; unlawful bulk or unsolicited email; and any activity that exposes REMAC or the Registrar to legal liability or to sanction by ICANN or a Registry Operator.

REMAC may suspend or disable a domain, or take other action with respect to it, without prior notice, where REMAC reasonably believes such action is necessary to comply with law, with an order of a court or competent authority, or with ICANN, Registrar, or Registry Operator policy, or to prevent imminent harm. REMAC will notify you promptly after taking any such action and will limit it in scope and duration to what is reasonably necessary.

11. YOUR REPRESENTATIONS AND WARRANTIES

You represent and warrant that: (a) the person accepting these Terms is authorized to bind the Customer; (b) all registration data you provide is complete and accurate; (c) you have the right to register and use each domain, and doing so does not infringe the rights of any third party; and (d) your use of each domain complies with applicable law and with Section 10.

You further represent and warrant that you will not use a domain in any way that would cause REMAC to breach the Registrar Agreement or to lose or have suspended its account with the Registrar.

12. REGISTRATION DATA: PUBLICATION, PRIVACY, AND DISCLOSURE

Registration data you provide is collected and processed for the purpose of domain registration and management; is disclosed to the Registrar, the applicable Registry Operator, ICANN, ICANN-approved data escrow agents, and dispute-resolution providers; and may be published in whole or in part through public registration data directory services (WHOIS/RDAP), subject to any redaction or privacy service the Registrar applies. You consent to this processing and publication, and you represent that any individual whose personal data you supply has received equivalent notice and given equivalent consent.

Where REMAC is the Registered Name Holder of a domain you use (a REMAC Service Domain), ICANN policy provides that the holder of record accepts liability for harm caused by wrongful use of the domain unless it discloses the identity and current contact information of the person using it, within seven (7) days, to a party providing reasonable evidence of actionable harm. You therefore authorize REMAC to disclose, and REMAC may disclose, your identity and current contact information: (a) to any party providing REMAC reasonable evidence of actionable harm arising from a domain's registration or use; and (b) to the Registrar, a Registry Operator, ICANN, a dispute-resolution provider, law enforcement, or a court or competent authority. REMAC will give you notice of a disclosure under clause (a) unless notice is prohibited or impracticable.

You must provide and keep current the contact information needed for such a disclosure. Nothing in the REMAC Privacy Policy limits a disclosure described in this Section.

13. DOMAIN NAME DISPUTES

Disputes with third parties concerning the registration or use of a domain — including trademark disputes — are governed by the UDRP, the Uniform Rapid Suspension System where applicable, and Registry Operator policy, and not by Section 17.

Where REMAC is the Registered Name Holder of a domain you use, REMAC may be named as the nominal respondent in such a proceeding. In that event: (a) REMAC will forward the complaint and related correspondence to you promptly; (b) you will control and fund the response and defense, and REMAC will provide reasonable cooperation at your expense; (c) REMAC may comply with any resulting decision, order, settlement, or registrar or registry lock without liability to you; and (d) the outcome binds you. If you elect not to respond, REMAC may allow the proceeding to conclude by default without liability to you.

14. INDEMNIFICATION

YOU AGREE TO INDEMNIFY, DEFEND, AND HOLD HARMLESS REMAC ENTERPRISES, LTD., ITS AFFILIATES, AND THEIR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DEMANDS, PROCEEDINGS, DAMAGES, LOSSES, LIABILITIES, FINES, PENALTIES, COSTS, AND EXPENSES (INCLUDING REASONABLE ATTORNEYS' FEES) ARISING OUT OF OR RELATING TO: (A) YOUR REGISTRATION OR USE OF A DOMAIN; (B) ANY CONTENT, SERVICE, OR ACTIVITY MADE AVAILABLE AT OR THROUGH A DOMAIN YOU USE; (C) YOUR BREACH OF THESE TERMS, THE REGISTRAR AGREEMENT, OR ANY ICANN OR REGISTRY OPERATOR POLICY; (D) ANY DISPUTE BETWEEN YOU AND A THIRD PARTY CONCERNING A DOMAIN, INCLUDING ANY TRADEMARK OR UDRP DISPUTE; OR (E) ANY FEE, CHARGE, PENALTY, LIABILITY, OR LOSS THAT REMAC INCURS TO THE REGISTRAR, A REGISTRY OPERATOR, OR ICANN, AND ANY SUSPENSION, LIMITATION, OR TERMINATION OF REMAC'S ACCOUNT WITH THE REGISTRAR, IN EACH CASE TO THE EXTENT ATTRIBUTABLE TO YOUR USE OF A DOMAIN OR YOUR BREACH OF THESE TERMS, WHETHER OR NOT ANY THIRD PARTY ASSERTS A FORMAL CLAIM.

The obligations in this Section include both the defense and indemnification of third-party claims and the direct reimbursement of REMAC's own losses described in clause (E). This Section survives termination of these Terms.

REMAC will give you prompt notice of any claim subject to this Section; a delay in notice relieves you of your obligations only to the extent you are materially prejudiced by it. Where REMAC or its account with the Registrar is named in, or directly exposed by, a claim, REMAC may elect to control the defense with counsel of its choosing at your reasonable expense, or may tender the defense to you. You may not settle any claim in a manner that imposes an obligation or admission on REMAC, or that affects any domain or account administered by REMAC, without REMAC's prior written consent, not to be unreasonably withheld.

15. LIMITATION OF LIABILITY

TO THE MAXIMUM EXTENT PERMITTED BY LAW, REMAC SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, DATA, GOODWILL, OR BUSINESS OPPORTUNITY, ARISING OUT OF OR RELATING TO THE DOMAIN SERVICES, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

THE AGGREGATE LIABILITY OF REMAC ENTERPRISES, LTD. ARISING OUT OF OR RELATING TO THESE TERMS OR THE DOMAIN SERVICES SHALL NOT EXCEED THE GREATER OF: (I) THE TOTAL FEES PAID BY YOU TO REMAC FOR THE SERVICES OF WHICH THE AFFECTED DOMAIN FORMED PART, DURING THE TWELVE (12) MONTHS IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO THE CLAIM; AND (II) TWO THOUSAND FIVE HUNDRED DOLLARS ($2,500).

NOTHING IN THIS SECTION LIMITS LIABILITY FOR A PARTY'S FRAUD OR WILLFUL MISCONDUCT, OR FOR ANY LIABILITY THAT MAY NOT BE LIMITED UNDER APPLICABLE LAW.

REMAC IS NOT LIABLE FOR THE LOSS, SUSPENSION, CANCELLATION, OR EXPIRATION OF A DOMAIN ARISING FROM: YOUR FAILURE TO PAY; YOUR PROVISION OF INACCURATE REGISTRATION DATA; YOUR FAILURE TO ACT ON THE NOTICES DESCRIBED IN SECTION 7; ACTION BY ICANN, A REGISTRY OPERATOR, OR THE REGISTRAR; A UDRP OR COURT PROCEEDING; OR ANY CAUSE BEYOND REMAC'S REASONABLE CONTROL.

16. DISCLAIMER OF WARRANTIES

EXCEPT AS EXPRESSLY STATED IN THESE TERMS, THE DOMAIN SERVICES ARE PROVIDED "AS IS" AND "AS AVAILABLE". REMAC DISCLAIMS ALL OTHER WARRANTIES, EXPRESS OR IMPLIED, INCLUDING THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT.

REMAC DOES NOT WARRANT THAT ANY REQUESTED DOMAIN IS AVAILABLE, THAT ITS REGISTRATION WILL SUCCEED, THAT YOUR REGISTRATION OR USE OF A DOMAIN WILL NOT INFRINGE THE RIGHTS OF A THIRD PARTY, OR THAT A DOMAIN WILL BE FREE FROM CHALLENGE OR DISPUTE.

17. DISPUTE RESOLUTION AND BINDING ARBITRATION

These Terms are governed by the laws of the State of Illinois, without regard to its conflict-of-laws provisions.

Any dispute arising out of or relating to these Terms or the domain services shall be resolved by binding arbitration before a single arbitrator, administered by the American Arbitration Association under its Commercial Arbitration Rules — or, if the AAA determines that its Consumer Arbitration Rules apply, under those Rules — seated in Cook County, Illinois, with hearings conducted by videoconference at the request of either party. Judgment on the award may be entered in any court of competent jurisdiction. The Federal Arbitration Act governs the interpretation and enforcement of this Section.

Either party may instead bring an individual claim, if it qualifies, in small claims court. For any claim of ten thousand dollars ($10,000) or less, REMAC will pay the AAA filing, administrative, and arbitrator fees that exceed the filing fee for a comparable action in the Circuit Court of Cook County, unless the arbitrator finds the claim frivolous.

Each party waives any right to a jury trial. Claims may be brought only in an individual capacity, and not as a plaintiff or class member in any class, consolidated, or representative proceeding. If this class waiver is held unenforceable as to a particular dispute, that dispute (and only that dispute) shall be heard by the state or federal courts sitting in Cook County, Illinois, to which both parties consent, and the remainder of this Section is unaffected.

Nothing in this Section prevents either party from seeking injunctive or equitable relief in a court of competent jurisdiction in Cook County, Illinois, to protect its intellectual property or confidential information, or to prevent imminent harm. Domain name disputes with third parties are governed by Section 13.

18. TERM, TERMINATION, AND CESSATION OF BUSINESS

REMAC may suspend or terminate the domain management service, or its management of an individual domain, for non-payment, for breach of these Terms or the Acceptable Use Policy, or where required by law or by ICANN, Registrar, or Registry Operator policy.

On termination, Your Domains remain yours. REMAC will cooperate in good faith to release or transfer each of Your Domains to you or to a registrar of your choosing, in accordance with Section 9. Your right to use any REMAC Service Domain ends on termination of the related service.

Where REMAC holds or administers any of Your Domains, REMAC holds them solely as your agent and for your benefit and claims no beneficial interest in them. If REMAC ceases to offer the domain services, ceases business, becomes subject to an insolvency or bankruptcy proceeding, or receives notice of termination of its account with the Registrar, REMAC will promptly notify you and will, at your election, transfer each of Your Domains to you or to a registrar and account you designate, or update the Registered Name Holder record to your own contact details, at no charge beyond amounts already owed for that domain.

Sections 2 through 9, 11 through 17, and 19 survive termination — in the case of Sections 3, 5, 7, and 9, for so long as REMAC holds or administers any domain for you.

19. GENERAL

Amendment. REMAC may amend these Terms only by presenting the amended version for your acceptance. If you do not accept, the version you most recently accepted continues to govern, and either party may terminate the domain management service under Section 18. A refusal to accept an amended version never limits your rights under Sections 3 and 9.

Force majeure. REMAC is not liable for any failure or delay caused by events beyond its reasonable control, including acts of the Registrar, a Registry Operator, or ICANN; internet or DNS infrastructure failures; law or governmental action; and outages of third-party services — provided that this does not excuse REMAC's obligations under Section 7 to the extent it remains reasonably able to send notices.

Notices. REMAC may give notices under these Terms to the primary email address on your account, effective when sent. You may give notice to domains@remacenterprises.com or to REMAC Enterprises, Ltd., 2000 Center Drive, Suite M10, Hoffman Estates, Illinois 60192, effective on receipt. Each party must keep its notice address current.

No waiver; no third-party beneficiaries. A party's failure to enforce a provision is not a waiver of it. Except as stated in Section 6, there are no third-party beneficiaries of these Terms.

Assignment. You may not assign these Terms without REMAC's prior written consent. REMAC may assign them to an affiliate or in connection with a merger, acquisition, or sale of assets.

Severability and entire agreement. If any provision is held unenforceable, it shall be limited or eliminated to the minimum extent necessary and the remainder remains in full force. These Terms, with the REMAC Terms of Service and Acceptable Use Policy, are the entire agreement concerning the domain services.

REMAC Enterprises, Ltd., Hoffman Estates, Illinois. Questions about these Terms may be directed to domains@remacenterprises.com.