Gumiyo Acceptable Use Policy (download PDF version)
- Purpose. The purpose of this Policy is to enhance the quality of the Services, and to protect the Company’s customers and the Internet community as a whole, from illegal, irresponsible, or disruptive Internet activities. This Policy applies to visitors to the Gumiyo Website and to each Customer and its employees, agents, contractors or other users who obtain Services from Company on behalf of the Customer (collectively, "Users"). Users should use common sense and good judgment in connection with Website and the Services. Parents or guardians should always supervise minors in using the Internet. Parents and guardians should remain aware at all times of what is on the Internet and how the minors under their care are using the Services and the Internet.
- Prohibited Uses. Users may not:
- Utilize the Services to send unsolicited e-mail to third parties. Furthermore, Users may use the Services or software programs provided by Company to send e-mail only if Users ensure that such transmissions fully comply with all applicable regulations, rules and laws, including, without limitation, the U.S. CAN-SPAM Act of 2003.
- Utilize the Services in connection with any illegal activity or any activity that would otherwise violate any applicable regulations, rules or laws. Without limiting the general application of this rule, Users may not:
- utilize the Services to copy material from third parties (including text, graphics, music, videos or other copyrightable material) without proper authorization;
- utilize the Services to misappropriate or infringe the patents, copyrights, trademarks or other intellectual property rights of any third party;
- utilize the Services to traffic in illegal drugs, illegal gambling, obscene materials or other any products or services that are prohibited under applicable law;
- utilize the Services to export encryption software to points outside the United States in violation of applicable export control laws; or
- utilize the Services in any manner that violates any applicable regulation, rule or law.
- Utilize the Services in connection with any tortious or actionable activity. Without limiting the general application of this rule, Users may not:
- utilize the Services to publish or disseminate information that (1) constitutes slander, libel or defamation, (2) publicizes the personal information or likeness of a person without that person's consent or (3) otherwise violates the privacy rights of any person; or
- (ii) utilize the Services to threaten persons with bodily harm, to make harassing or abusive statements or messages, or to solicit the performance of acts or services that are illegal under applicable law.
- Utilize the Services in connection with any other offensive, disruptive, abusive or questionable activity. Without limiting the general application of this rule, Users may not:
- utilize the Services to cause denial of service attacks against Company or other network hosts or Internet users or to otherwise degrade or impair the operation of Company's servers and facilities or the servers and facilities of other network hosts or Internet users;
- post messages or software programs that consume excessive CPU time or storage space;
- utilize the Services to offer mail services, mail forwarding capabilities, POP accounts or auto responders other than for the User's own account;
- utilize the Services to resell access to CGI scripts installed on Company's servers;
- utilize the Services to subvert, or assist others in subverting, the security or integrity of any Company systems, facilities or equipment;
- utilize the Services to gain unauthorized access to the computer networks of Company or any other person;
- utilize the Services to provide passwords or access codes to persons not authorized to receive such materials by the operator of the system requiring the password or access code;
- Utilize the Services to (1) forge the signature or other identifying mark or code of any other person, (2) impersonate or assume the identity or any other person, or (3) engage in any other activity (including "spoofing") to attempt to deceive or mislead other persons regarding the true identity of the User (excluding the use of anonymous remailers or Internet nicknames);
- utilize the Services to distribute or post any virus, worm, Trojan horse, or computer code intended to disrupt services, destroy data, destroy or damage equipment, or disrupt the operation of the Services;
- utilize the Services to conduct port scans or other invasive procedures against any server (except any server for which the User is an authorized system administrator);
- utilize the Services to distribute, advertise or promote software or services that have the primary purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- utilize the Services to solicit or collect, or distribute, advertise or promote, e-mail address lists for the purpose of encouraging or facilitating unsolicited commercial e-mail or spam;
- utilize the Services in an manner deemed, in Company’s sole discretion, to be violent or encouraging violence;
- utilize the Services in a manner deemed, in Company’s sole discretion, to display bigotry, racism, discrimination, or hatred in any manner whatsoever;
- utilize the Services in any manner that might subject Company to unfavorable regulatory action, subject Company to any liability for any reason, or adversely affect Company's public image, reputation or goodwill, including, without limitation, sending, displaying or distributing sexually explicit, hateful, vulgar, racially, ethnically or otherwise objectionable materials as determined by Company in its sole discretion;
- use any third party software that impairs, disrupts, destroys, or otherwise damages or has potential to damage Company's servers and facilities or the servers and facilities of other network hosts or Internet users; or
- utilize the Services in any other manner to interrupt or interfere with the Internet usage of other persons.
- Remedies. If Company learns of or in its reasonable estimation believes there is a violation of this Policy, Company may, in Company's sole discretion, take one or more of the following actions, with or without notice to Customer: (i) warn the Customer; (ii) suspend the Services or the offending Customer from the Services; (iii) terminate the Services or the offending Customer from the Services; (iv) impose fees or charges on the offending Customer account; (v) remove any offending content; (vi) take any other action in accordance with this Policy, the applicable service agreement or applicable law; or (vii) take any other action deemed appropriate in Company’s sole discretion.
- Disclaimer. Company expressly disclaims any obligation to monitor its Customers and other Users with respect to violations of this Policy. Company has no liability or responsibility for the actions of any of its Customers or other Users or any content any User may post on any Web site.
- Reservation of Rights. Company reserves the right to cooperate with appropriate legal authorities in investigations of claims of illegal activity involving Company's Services, Customers and other Users. Company reserves all other rights to respond to violations of this Policy to the extent of applicable law and in accordance with any applicable contractual obligations. Company may utilize technical means to monitor communications into, and out of, its network facilities to prevent the introduction of viruses or other hostile code, to prevent intrusions and otherwise to enforce this Policy and each Customer agrees that Company is authorized to monitor its communications through Company's network for such purposes. Any failure by Company to enforce any of its rights under this Policy or any applicable laws shall not constitute a waiver of such right.
- Reporting Violations (a) Reporting Non-Copyright Violations. Company encourages Users to report violations of this policy by e-mail to support@Gumiyo.com, including in any such report the name of the offending domain (for example, xyz.com) and the type of abuse (for example, spam, illegal acts, harassment, etc.) in the "subject" field of the e-mail. (b) Reporting Copyright Violations. Company complies with the Digital Millennium Copyright Act ("DMCA"). Company encourages Users to report an alleged copyright infringement involving a user by sending a notice that complies with the DMCA to support@Gumiyo.com. Users may also send a notice by mail to:
555 South Flower Stree, Suite 3300
Los Angeles, CA 90071, USA
Company reserves the right to suspend or terminate any customer pursuant to any valid DMCA complaint. Furthermore, Company, in its sole discretion, may suspend or terminate, without notice, any User that Company determines is a repeat infringer.
Domain Name Registration Services (download PDF version)
For the Gumiyo Domain Name Registration Services (the "Services"), along with the Services Agreement located at http://www.gumiyo.com/legal, the following additional terms and conditions also apply (collectively, the "Agreement"):
- Services. Upon Customer's request and further subject to this Agreement, Gumiyo will register an Internet domain name or renew the Customer's registration of an existing domain name (the "Domain Name"), on behalf of Customer, with a registrar selected by Gumiyo (the "Registrar"). Beginning on March 31, 2012, and unless the applicable Services order (the "Order") specifies another Registrar, the Registrar for the Services shall be eNom, and all new registrations and subsequent renewals of those registrations will be subject to the eNom terms and conditions, located at http://www.enom.com/terms/default.asp (the "Registrar Terms").
- General. The Services shall begin on the date Customer orders the Services and shall run for the term specified in the Order. Customer acknowledges and agrees that the Services term may be different than the registration term of the Domain Name associated with the Services. If a Domain expires and is deleted before the end of the term of the Services, then the Services associated with the Domain Name will terminate when the Domain is deleted and that there will be no refund for any resulting unused portion of a Services term. If the Services term ends while the registration term for an Domain Name is still ongoing, then the Services will no longer be provided, Customer's personal information will be listed in the WHOIS database for the Domain Name, and the communications forwarding services outlined herein will no longer be provided.
Registration of a Domain Name is subject to availability of such Domain Name for registration, and Gumiyo will not be responsible if a Domain Name is not available for any reason. Gumiyo will further not be responsible for any loss, damage, liability or expense arising out of, or relating to, the registration of a Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the Services by Gumiyo. If Customer registers a Domain Name with Gumiyo, but hosts their Website with another provider, Customer agrees not to use Gumiyo name-servers to point any portion of their Domain Name outside of Gumiyo IP space and will update Customer's Domain Name zone files with Customer's hosting provider nameserver set. Additionally, Gumiyo will not point Customer zone file records to sub-directories within Customer's main Domain Name. Without limitation on other remedies which may be available under such circumstances, upon breach of the Agreement for non-payment or any other reason, Customer agrees that Gumiyo may assume complete ownership of the Domain Name, that the Domain Name may be sold to a third party, or that the Domain Name may be pointed to IP numbers of Gumiyo's choosing, and that Gumiyo may immediately cancel Customer's Account and all Services provided to Customer hereunder.
- Customer Responsibilities. The registration or renewal of any Domain Name under this Agreement is subject to (i) Gumiyo receiving from Customer all information needed from Customer in order to complete such registration, (ii) such Domain Name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, (iii) such Domain Name not infringing on the rights of any third party, (iii) ) Customer will use the Services in good faith and that Customer has no knowledge or reason to believe that Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party's trademark or trade name, (iv) neither the Services nor Domain(s) will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email. and (v) Customer's compliance with this Agreement.
- Accurate Contact Information. Customer agrees to keep its WHOIS information accurate and up-to-date. Customer must cause the e-mail address for the administrative contact of the Domain Name (the "Administrative Contact") to be the same as the Customer's e-mail address maintained in Gumiyo's billing records. If the e-mail address for the Administrative Contact is not the same as the Customer's e-mail address maintained in Gumiyo's billing records, Gumiyo may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
- ICANN Regulations. Customer acknowledges that its rights to any Domain Name registered or renewed by Gumiyo are not being granted by Gumiyo but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers ("ICANN"), the Registrar, the related registry and applicable law. As such, in addition to this Agreement Customer agrees to also abide by any and all terms and conditions promulgated by ICANN including the Uniform Domain Name Dispute Resolution Policy ("UDRP"), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information. Customer's inability to use a Domain Name shall not entitle Customer to a refund by Gumiyo of any fees paid with respect to the registration of such unusable Domain Name.
- Domain Name Renewals. Provided Customer is in good standing with Gumiyo, is not in breach of this Agreement, has a valid credit card on file with Gumiyo and has not opted-out of such renewal at least thirty (30) days prior to the expiration of the Domain Name, Customer's Domain Name will automatically renew at Gumiyo's then-current retail rates. In the event Customer does not wish for such Domain Name to automatically renew, Customer must use the Gumiyo DNS Manager to opt-out of such automatic renewal. Customer may access the DNS Manager via the Gumiyo support website or by contacting Gumiyo customer service. Customer must opt-out of such automatic renewal no less than thirty (30) days prior to expiration of the Domain Name. Customer waives any requirement to obtain Customer's ongoing affirmative consent to any such automatic renewal. Customer will keep Customer's credit card information current and accurate, including the expiration date. If Customer is not in good standing or Gumiyo is unable to collect renewal or other fees, Customer agrees that Gumiyo may suspend or terminate the Services and, as a result, such Domain Name registration will not be processed.
If Customer requests Gumiyo to renew a prior Domain Name registration, Customer represents and warranties that all information it provides to Gumiyo in connection with such request will be true and correct. Gumiyo's sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. Gumiyo will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
For Domain Name registrations which are serviced by a Registrar other than Gumiyo, if available as an option and if such option selected by Customer, Customer agree that Gumiyo and Gumiyo shall be authorized to contact Customer's Domain Name registration service provider on Customer's behalf (and using the credit card provided by Customer) to renew the Domain Name registration of associated Domain Name.
- Prior Registrar Terms and Conditions. Except as otherwise provided for herein and unless otherwise specified in the Order or WHOIS information for such Domain Name, all renewals for existing Domain Names will be made through the Registrar through which the Domain Name was originally registered. By submitting any Order to Gumiyo for Services under this Agreement, the Customer agrees to the applicable Registrar's terms and conditions.
- Domain Expiration. Customer agrees that Gumiyo bears no responsibility or obligation to notify Customer of any impending Domain Name expiration dates and that the Customer is wholly responsible for being aware of and acting upon such deadlines. Although Gumiyo may accept an Order for a Domain Name renewal within the forty-five (45) day period prior to the impending expiration date, Gumiyo will have no responsibility for any expiration of a Domain Name that occurs with respect to an Order submitted within such period.
- Changing Registrars. Gumiyo does not generally perform Domain Name services that require the changing of Registrars, however if Gumiyo, in its sole discretion, accepts an Order from Customer for Services that require that the Domain Name change Registrars, Customer acknowledges that Customer is solely responsible for complying with the acknowledgement policies of the losing Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar. Customer acknowledges and agrees that neither Gumiyo nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer's failure to respond timely to any losing Registrar query or request for confirmation.
- Changing Registrar Resellers. If Customer submits an Order to Gumiyo to renew a Domain Name that was previously registered through a reseller of the Registrar, Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar, and may also require Customer to settle any open accounts it has with the losing reseller. Customer acknowledges and agrees that Gumiyo will bear no liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Customer's failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
- Under Construction Pages. Customer agrees that upon registration of a Domain Name with Gumiyo, if such Domain Name is hosted on a Gumiyo Domain Name server and does not otherwise resolve to an active Web site, such Domain Name will be pointed to a page as designated by Gumiyo in its sole discretion (the "Under Construction Page"). The Under Construction Page may be modified by Gumiyo at any time in Gumiyo's sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by Gumiyo, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the "Additional Content"). If Customer does not wish to have Customer's Domain Name resolve to the Under Construction Page as described herein, Customer must use the Gumiyo DNS Manager to disable the Under Construction Page option.
- Domain Expiration Protection. Domain Expiration Protection is a service that prevents a Domain Name registered to you from becoming available to other parties for purchase if it is not successfully renewed prior to the expiration of its then-current term. You must have this service in place as of the date of expiration of the related Domain Name in order for the service to apply, whereby under this program you will have one (1) year from the date of expiration of the Domain Name to renew such expired Domain Name (the "Expiration Period"). During the Expiration Period, the Domain Name will remain inactive, will not be registered to you and you will not have access to such Domain Name unless and until it is renewed by you along with payment made for our standard renewal fees. Only the registrant of the expired Domain Name will be permitted to renew the Domain Name during the Expiration Period and must do so over the phone by calling Gumiyo Customer Service. Renewals of Domain Names during the Expiration Period will be subject to the Gumiyo then-current rates. In the event you do not renew the Domain Name during the Expiration Period, the Domain Name will automatically be made available to other parties for purchase at the end of the Expiration Period. Additionally, during the Expiration Period, Gumiyo may (i) direct the 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, Gumiyo's Website and Gumiyo's products and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines and (ii) modify the contact information listed in the WHOIS record from information provided by you to information designated by Gumiyo. In the event the Domain Name is transferred to another Registrar the Domain Expiration Protection service is immediately terminated upon transfer.
- Reservation of Rights. Customer acknowledges and agrees that Gumiyo has the absolute right and power, in its sole discretion and without any liability to Customer whatsoever, to suspend the Services, close Customer's account, terminate provisioning of the Services, list Customer's personal information in the WHOIS output or unmask or otherwise provide the Customer's personal information to a claimant or other party to resolve any and all third party claims, whether threatened or made, arising out of Customer's use of the Domain Name or the Services, or to take any other action which Gumiyo deems necessary, in the event that (i) the Domain Name is alleged to violate or infringe a third party's trademark, trade name, copyright interests or other legal rights of third parties; (ii) Customer breaches any provision of this Agreement; (iii) Customer breaches any provision of the Registrar Terms; (d) if necessary to protect the integrity and stability of the applicable Domain Name registry; (e) if necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; (f) if Gumiyo is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Customer's use of the Services or Domain Name; (g) if necessary to comply with ICANN's Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude using a service such as Private Domain Registration); (h) if necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Gumiyo, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or (i) any violation of the Gumiyo Acceptable Use Policy. In the event Gumiyo takes any of the actions set forth herein or in the event Customer elects to cancel the Services for any reason, Gumiyo will not refund any fees paid by Customer for the Services.
Gumiyo, Inc. ("Gumiyo") respects the privacy of its customers and the visitors and users of its websites.
We pay close attention to how Personal Information is used and shared, and we use Personal Information sensibly.
We act as a service provider to our customers and may process and store on behalf of our customers Personal Information that our customers collect about third parties. We do not own that Personal Information.
Collection of Personal Information
The Personal Information we gather from you helps us learn about our customers and potential customers. We use this information to better tailor the features, performance and support of our solutions, products and services, and to contact you from time to time with information and offers about our or a third party’s products and services.
Personal Information You Provide to Us
We collect Personal Information that you submit to us voluntarily. The Personal Information we collect includes, but is not limited to, the following: name, mailing address, Web address, telephone number, e-mail address, and information contained in any e-mail or other communication you send to us or information you give to us in any other way.
Personal Information Collected via Technology
Accepting cookies through your web browser is your personal choice. You can set your browser to disable cookies. However, if you choose not to accept cookies, we may not be able to provide you with as good of an experience as one that is specifically tailored to your needs by utilizing the cookie.
Personal Information We Receive from Other Sources
We may receive Personal Information about you from other sources like telephone or telefax. We may add this information to the information we have already collected about you in order to improve the solutions and services we provide.
Use of Information
In general, Personal Information you submit to us is used either to set up solutions or purchase website marketing services, respond to requests that you make, to process transactions, to facilitate your request for a quote from a third party service provider or to aid us in serving you better. We may share your Personal Information with other businesses to offer you products, services, and promotions. In addition, we may share your Personal Information with other businesses that may contact you regarding requests for service. We may also use your Personal Information to provide you with electronic newsletters or promotional e-mails as well as information and offers about our products and services.
We may use third-party advertising partners and its service providers in order to deliver to you banner advertisements and other advertising tailored to your interests when you visit certain websites. They will collect anonymous information about your visits to our site, and your interaction with our products and services. They may also use information about your visits to this and other Websites to target advertisements for goods and services and may be used to keep track of user response to each advertisement. These targeted advertisements may appear on our site or on other sites that you visit. The anonymous information may be collected through the use of a pixel tag or cookies, which are industry standard technologies used by most major websites. No personally identifiable information is collected in this process.
If you do not want such companies to collect this information you may opt-out. Opting-out will not in any way affect your use of our site. To learn more about the use of this information or choose not to have this information used by certain third-party advertising partners by opting out please visit the Network Advertising Initiative by clicking here. Please note that if you delete your cookies, use a different browser, or buy a new computer, you will need to renew your opt-out choice.
Disclosure of Personal Information
To drive traffic to your website and to make your website easier to find, we will disclose keywords about your business, your business name, general and specific description about your business, information about your location, and information about your products and services to third-party services and to the general public.
We also use third parties to maintain and store your Personal Information and to process any payment you make to us. Generally, these third parties are required not to use your Personal Information other than to provide the services requested by Gumiyo.
We may disclose your Personal Information if we believe in good faith that such disclosure is necessary to (a) comply with relevant laws or to respond to subpoenas or warrants served on Gumiyo; or (b) to protect and defend the rights or property of Gumiyo or users of our websites or our customers' websites.
Your Choices Regarding Your Personal Information
Should you decide to stop receiving e-mail communications or newsletters from us, you will have the opportunity to "opt-out" by following the unsubscribe instructions provided in the e-mail. If at any time you wish to subscribe to any communications from us, you may do so by contacting us at email@example.com. Despite your indicated e-mail preferences, we may send you e-mail regarding updates to legal notices applicable to the account you created with us. From time to time, we may contact you by telephone to offer you products or services that we believe may be valuable to you. Should you prefer not to receive such calls, please advise the representative who contacts you or contact customer care.
Our websites are not designed for minors under the age of 18. We do not intentionally gather Personal Information about visitors who are under the age of 18.
Links to Other Sites
We use reasonable measures to maintain the security of your Personal Information. Even so, technical mistakes are possible. No company, including Gumiyo, can fully eliminate security risks associated with Personal Information.
Should you have any questions or concerns regarding this Privacy Statement, please contact us:
555 South Flower Street, Suite 3300
Los Angeles, CA 90071, USA
Privacy Statement Updates
Choice of Law