Crazy Registration Agreement Find

[Chris]

I just glanced over the Registration Agreement at RegisterSite and found a crazy comment I thought I would share.

LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors 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 states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, 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 Agreement; (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 name, 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. In no event shall our maximum liability exceed five hundred ($500.00) dollars.

They are basically saying they aren't liable for any situation that may arise as it could be "an act of God".

 

[Stephen]

I have noticed that... It's on most warrenties/tos. It's crazy. They could consider a computer crashing, an "Act of God".

 

[Chris]

I just looked at GoDaddy's and they've mentioned "acts of God" as well. I think a better wording would be "out of their control" instead as acts of God could pretty much mean anything. I've never noticed it before as I seldom thoroughly read TOS Policies as it's usually just all the same spiel unless it's a company I haven't used before then I'll glance through to see what I'm getting into.

 

[netPH]

welp, this is considered as risk prevention $$ for most businesses....

Act of God defined as

ACT OF GOD - A natural event, not preventable by any human agency, such as flood, storms, or lightning. Forces of nature that no one has control over, and therefore cannot be held accountable.

This phrase denotes those accidents which arise from physical causes, and which cannot be prevented.

Where the law casts a duty on a party, the performance shall be excused, if it be rendered impossible by the act of God, but where the party by his own contract engages to do an act, it is deemed to be his own fault and folly that he did not thereby provide against contingencies, and exempt himself from responsibilities in certain events and in such case, that is, in the instance of an absolute general contract the performance is not excused by an inevitable accident or other contingency, although not foreseen by, nor within the control of, the party.

Source http://www.lectlaw.com/def/a011.htm

It's fair tho

 

[Chris]

I agree with you Rostum regarding mother nature as that's something no one has any say or control over and could result in huge losses for a business. But there's also a whole list of possibilities that "an Act of God" could represent since he's really the sole individual who has the ultimate powers over the business. Someone could make the argument that a company falling in the pits and filing bankruptcy is an act of God as he thought it wasn't meant for that company to be successful.

I think it's appropriate to add for protection of the business too. I just think they should define their definition of an act of God in their policy. How one may interpret "an act of God" may be different from someone else's view and they would all have legitimate cases.

:wave: