easy.LA

USER AGREEMENT AND TERMS OF SERVICE (TOS)

This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of easy.LA domain name and e-mail registration service and related services ("Services"). In this Agreement "you" and "your" refer to you and the registrant listed in your contact information. "We", "us" and "our" refers to the company Come2city AG, owners and operators of easy.LA.
Come2city AG, referred to as "easy.LA" at its sole discretion, may change the terms, conditions and operation of this website (the "Site") at anytime.

The terms shall apply to any and all services and content provided by easy.LA and accessible at URL http://easy.la , including any websites owned and/or leased and operated by easy.LA, including but not limited to the website www.come2city.com.

By using this service the user agrees to the terms of the disclaimer and further waives any rights or claims it may have against easy.LA.

The content available through the Site is the sole property of easy.LA or its advertisers, suppliers or licensors and is protected by international property laws. Except as otherwise explicitly agreed in writing, easy.LA-owned content received through the Site may be downloaded, displayed, reformatted and printed for your personal, non-commercial use only. Content owned by easy.LA advertisers, suppliers or licensors may be subject to additional restrictions. You agree not to reproduce, retransmit, distribute, disseminate, sell, publish, broadcast or circulate the content received through the Site to anyone, including but not limited to others in the same company or organization without easy.LA's express prior written consent.

WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE EASY.LA WEBSITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION, EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE TO STATE.

WITHOUT LIMITING THE FOREGOING, EASY.LA SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.

YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE EASY.LA WEBSITE AND THAT EASY.LA MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS EASY.LA MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL EASY.LA BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES.

YOU HEREBY DISCLAIM AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST EASY.LA WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT PERMITTED BY LAW.

PRIVACY POLICY:

(please view our complete Privacy Policy by clicking on the Privacy Policy Tab on the bottom of the easy.LA website)

All easy.LA Services shall be provided AS-IS, without assurances or guarantees.

You must create an easy.LA account to use our Services. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party.

Easy.LA's Premium Service is a pay service. In order to use this service you must be 18 years of age or must have consent from a parent or legal guardian. You hereby agree that we may display advertisements, and that we may aggregate related usage data by means of cookies and other similar means.

For the Premium Service customer support is available via e-mail through the easy.LA website.

In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free "Basic" easy.LA e-mail services, or other services which we may introduce from time to time but for which there is not a separate fee ("Free Services"), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means.

Regardless of the type of easy.LA service you select, you are hereby accepting to periodically receive the easy.LA newsletter regarding easy.LA services and product updates. This service is free of charge and can only be cancelled if your account has been cancelled or deleted.

By using any easy.LA Service(s), you agree to all terms and conditions of this Agreement, and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.

Easy.LA users may only upload or publish content or text for which the user holds all required rights and is free of third party copyrights. You hereby agree to not upload or publish content that may infringe on any third party rights.

Easy.LA, its website, services, logos and forth are protected under international copyright and trademark laws. Any unauthorized duplication, reproduction and publication of such content, is prohibited, and shall be subject to civil and criminal prosecution.

Easy.LA respects the copyrights and other intellectual property rights of others and requests that the people who use its services do the same.

It is our policy to terminate in appropriate circumstances an account or the access rights of a subscriber for repeated copyright infringement, and we also reserve the right to terminate an account or subscriber for even one instance of infringement.

easy.LA may access, preserve and disclose to third parties any of your information or data (including personally identifiable information and private communications) related to a written complaint of copyright infringement if easy.LA believes in its sole discretion that such access, preservation, or disclosure is necessary or useful to respond to or otherwise address such complaint. If you believe your work has been reproduced or used in another way that constitutes copyright infringement, you may contact us with detailed information at abuse@easy.LA using the subject line "copyright".

We have a zero tolerance spam policy. We constantly monitor the use of our system and services to ensure they are not used for the purpose of sending out unsolicited email. We have also taken measures to prevent the abuse of our registration engine and any services offered by us at a transaction's point of origin in an effort to contribute our part to the elimination of spam.

If you have any complaints or would like to report a spam violation, please e-mail us at abuse@easy.LA .

Please note that due to the volume of complaints received, unless we need additional information, you will not receive a reply or update from us. Please be assured that we take abuse very seriously and investigate every incident that is reported.

You acknowlege that easy.LA will not monitor, prior to dissemination, transmittal or publication, any content or text prepared by its users.

As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you. You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative and billing contacts for your easy.LA domain name registration(s) and other Service(s), you must submit the following: name, postal address, email address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s).

In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) provided by easy.LA, you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and your contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you.

You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our easy.LA database, and all information and derivative works generated from the database.

You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time.

Breach of or reasonable suspicion of breach of this Agreement entitles easy.LA to temporarily or permanently disable a user's easy.LAaccount. After ninety (90) days the disabled easy.LA domain name and/or e-mail account will be terminated and made available to other users.

Pay Accounts must be paid by user in full at sign-up according to this Agreement and the current price list, displayed on our easy.LA website. Thereafter any payments due must be paid in a timely manner. If payment is not received within the due date, the account will be disabled and status set to "on hold" for ten (10) days. Thereafter if payment is not received within ten (10) additional days, the account will be terminated without further notice.

Basic (free) Accounts usage will be monitored by easy.LA. periodically.

Your Basic Account may be terminated by easy.LA if you hav not been logged onto your account for thirty (30) consecutive days. Failure to do so shall result in the account being terminated and made available to other users.

As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration, and/or e-mail account is suspended, cancelled or  transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

If you have an issue with credit card charges, you should contact us regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and that all rights to and interest in and use of any domain name services, and/or email services, including all data hosted on our systems shall be assumed by us. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee.

If payment is not received within 90 days (blocking period) for renewal of chargeable services, the respective mailbox and the corresponding e-mail address will be permanently deleted and made available for registration by other users. You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.

Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of you account login identifier and password will have the ability and your authorization to modify your easy.LA account. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information.

You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL EASY.LA BE HELD LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT.

You are entitled to cancel your easy.LA pay service(s) up to fourteen (14) days before your account fees are due. You can simply cancel your account by sending an e-mail to our customer support team at support@easy.LA.

We do not need any reason for your decision to cancel the service, however ask you to write "cancel service" in the subject line to expedite your cancellation. If you do not cancel your account the service will be automatically renewed and your credit card on file will be charged the amount due on your account.

YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME AND EMAIL REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), (3) INTERRUPTION OF OUR SERVICES, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME OR EMAIL ACCOUNT REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NONDELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME OR EMAIL REGISTRATION; OR (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR 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. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME OR EMAIL SERVICE, BUT IN NO EVENT GREATER THAN ONE HUNDRED DOLLARS ($100.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

With respect to ICANN and easy.LA, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of our services for which you are the registrant and in relation to services for which we are the registrar of record.

YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME OR E-MAIL ACCOUNT WITH EASY.LA, NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME OR E-MAIL ACCOUNT UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF SERVICES OR NAMES REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR WEBSITE OR E-MAIL 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 OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

Except as otherwise stated your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the Federal Republic of Germany, County and State of North-Rhine Westphalia, as if the Agreement was a contract wholly entered into and wholly performed within the State of North-Rhine Westphalia. You agree that any action brought by you to enforce this Agreement or any matter brought by you and which is against or involves us and which relates to your use of the Services shall be brought exclusively in the Courts of the State of North-Rhine Westphalia, or if there is no jurisdiction in such court, then in a Federal Court of the Federal Republic of Germany. You consent to the personal and subject matter jurisdiction in relation to any dispute between you and us under this Agreement. You agree that service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by mail to the address listed by you in your account information or by electronically transmitting a true copy of the papers to the email address listed by you in your account information.

You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account information you have provided.

You attest that you are of legal age to enter into this Agreement, or have approval by a parent or legal guardian to enter into this agreement.

This Agreement, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.