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TERMS OF SERVICE

Effective Date: September 6, 2026 Provider: BDLOGIC LLC d/b/a FogMonkey, a Texas limited liability company ("Company," "we," "us," "our") Website: https://www.fogmonkey.com, together with https://fogmonkey.com which redirects to it (collectively, the "Site")

1. Agreement and Acceptance

By creating an account, purchasing, or using the Site or any Service, you ("Customer," "you") agree to these Terms of Service (the "Terms"), our Privacy Policy, and our Acceptable Use Policy, each incorporated by reference. If you do not agree, do not use the Services. If you use the Services on behalf of an organization, you represent that you are authorized to bind it, and "you" includes that organization.

2. Definitions

  • "Services" means domain registration, renewal, transfer, and related services we resell.
  • "Upstream Registrar" means the ICANN-accredited registrar and reseller platform through which registrations are processed: TLDS L.L.C. d/b/a SRSplus, a subsidiary of Network Solutions, LLC (a Web.com company) ("SRSplus"), together with its officers, directors, shareholders, licensors, related companies, employees, agents, and attorneys.
  • "Registry" means the operator of a top-level domain (e.g., Verisign for .com and .net).
  • "ICANN" means the Internet Corporation for Assigned Names and Numbers.
  • "Domain" means a domain name registered, renewed, or managed through the Services.
  • "Registrant" means the individual or entity listed as the owner of a Domain.
  • "Privacy Service" means the WHOIS privacy (proxy) service Company includes with a Domain where the Registry and the Upstream Registrar support it, under which a proxy contact is published in the public registration directory in place of the Registrant's contact details and communications sent to that proxy contact are forwarded to the Registrant.

3. Nature of the Services — Reseller Relationship

You acknowledge that Company is a reseller, not an ICANN-accredited registrar or a Registry. Registrations, renewals, transfers, and related functions are performed by the Upstream Registrar and applicable Registries. Company facilitates these transactions but does not control, and is not responsible for, the systems, uptime, policies, or actions of the Upstream Registrar, any Registry, ICANN, or any other third party. Company is not liable for any error, omission, delay, or other act of any Registry, registry administrator, or the Upstream Registrar arising out of or related to any request to register, renew, modify, or transfer a Domain. Your Domain and account are also subject to the terms, policies, and agreements of those third parties, which may change without notice to Company.

4. Eligibility and Account

You must be at least 18 and able to form a binding contract. You agree to provide accurate, current, and complete information and to keep it updated. You are solely responsible for maintaining the confidentiality and security of your account credentials and for all activity under your account. We strongly recommend enabling multi-factor authentication where offered. Notify us immediately of any suspected unauthorized access. Company is not liable for losses arising from your failure to secure your account or credentials, or from any unauthorized use of your account not caused by Company's gross negligence or willful misconduct.

5. Fees, Payment, and Refunds

Fees are stated at checkout and are payable in advance. Domain registration, renewal, and transfer fees are generally non-refundable once submitted to the Upstream Registrar or Registry, because those charges are non-recoverable by Company. Promotional pricing, where offered, applies to the stated initial term only and renewals may be charged at then-current standard rates. Payments are processed by third-party payment processors; Company does not store full payment-card data. You authorize us and our processors to charge your selected payment method. You authorize Company to set off and deduct from any balance, credit, or payment method on file any amounts you owe us, including fees, chargeback costs, and amounts owed under your indemnification obligations in §15. You are responsible for all applicable taxes. Chargebacks or failed payments may result in suspension or loss of a Domain (see §7). The Privacy Service is included in the Domain fee at no extra charge on Domains that support it, is not sold or billed as a separate product, and is subject to §6 and §11.

6. Registrant Ownership; No Property Right

Unless otherwise agreed in writing, you are the Registrant of Domains you register and are responsible for all Registrant obligations, including compliance with ICANN policies, Registry requirements, and applicable law. You acknowledge and agree that domain name registration is a service; that a registration does not exist independently of the services provided under this or a similar agreement; and that registration does not create any property right in the domain name in you, Company, or any other party. Domains may be subject to registrar-lock, transfer-authorization, and identity-verification procedures. Company may apply reasonable security controls (including locks and verification) to protect against unauthorized transfers; you agree to cooperate with such procedures.

Privacy Service and your ownership. Where the Privacy Service is active, a proxy contact is listed publicly in place of your contact details. You remain the Registrant and retain all rights in the Domain, including the rights to renew, transfer, and manage it; the proxy contact is a publication arrangement and confers no ownership, licence, or other right in the Domain on Company or on the privacy service provider.

7. Registration, Renewal, and Expiration

  • Availability is not guaranteed. Submitting a registration request does not guarantee that a Domain will be secured; availability is determined by the Registry in real time, and requests may fail for reasons outside Company's control.
  • Renewal is your responsibility. Domains expire. Whether or not auto-renewal is enabled, you are solely responsible for ensuring timely renewal, maintaining a valid payment method, and keeping your contact information current. Auto-renewal, renewal reminders, and grace/redemption features, if offered, are provided as a convenience only and are not guaranteed to succeed.
  • Expiration consequences. Upon expiration, a Domain may enter grace, redemption, or pending-delete status per Registry policy, may incur additional Registry fees to recover, and may ultimately be released and registered by a third party. Company disclaims all liability for any loss, damage, interruption, or loss of a Domain or its value arising from expiration, non-renewal, failed or reversed payment, or outdated contact information, regardless of cause.

8. Transfers

Inbound and outbound transfers are governed by ICANN's transfer policy and Registry rules, including authorization codes, transfer locks, and mandatory waiting periods (typically a 60-day lock following registration or a prior transfer). Company may decline or delay a transfer where required by policy, law, a dispute, suspected fraud, or unpaid amounts. In any change of Registrant, Company has no liability for a prior or new registrant's right or ability to transfer, or for any resulting delay or failure of the transfer.

9. ICANN, Registry, and Upstream Policies (Flow-Down)

Your use of the Services and Domains is subject to all applicable policies of ICANN, the Upstream Registrar, and the relevant Registries, as amended from time to time, including the ICANN Registrar Accreditation Agreement obligations, the Uniform Domain-Name Dispute-Resolution Policy (UDRP), the Uniform Rapid Suspension (URS) system, the Transfer Policy, and applicable Registry agreements. As a condition of the Services, and as required by the SRSplus partner program, you must review and accept the then-current Network Solutions / Web.com Domain Name Registration Agreement (available at https://legal.newfold.com/DomainNameRegistrationServices.pdf) and Master Services Agreement (available at https://legal.newfold.com/ServicesAgreement.pdf), together with the applicable WHOIS/privacy terms, before your registration is submitted. These are incorporated by reference and are presented to you for review and affirmative acceptance (such as a checkbox or equivalent affirmative action) at or before checkout, and you agree to be bound by them. These upstream agreements govern your relationship, as Registrant, with the Upstream Registrar and Registries, including your ICANN-required registrant rights and obligations. Consistent with ICANN Registrar Accreditation Agreement §3.12.2, this agreement identifies the sponsoring registrar chain (see §2) and carries the registrant provisions and notices required by ICANN. As between you and Company, however, Company's own commercial terms — including fees, billing, payment, renewal, and refunds under §5 and §7 — control; any pricing, auto-renewal, redemption-fee, or billing provisions stated in the upstream agreements describe the Upstream Registrar's own retail offering and do not set the price, renewal mechanics, or payment terms of your Services with Company. Where these third-party policies otherwise require, they control over these Terms as to the subject matter they govern, and you are responsible for complying with them directly.

10. Acceptable Use

You may not use the Services for unlawful, infringing, abusive, or harmful purposes, including trademark or intellectual-property infringement, cybersquatting, phishing, malware distribution, spam, or any activity violating ICANN, Registry, or Upstream Registrar policy. Company may suspend or cancel a Domain or account, with or without prior notice, for violation of this policy or as required by any Registry, the Upstream Registrar, ICANN, or law. See the Acceptable Use Policy for details.

11. Privacy and Domain Registration Data

Registration requires collection and processing of Registrant data, some of which may be published in WHOIS/RDAP or transmitted to Registries, the Upstream Registrar, and ICANN as required. Our handling of personal data is described in the Privacy Policy. You consent to such collection, processing, and disclosure as necessary to provide the Services and comply with applicable requirements.

Privacy Service. Company includes the Privacy Service at no extra charge on every Domain whose Registry and Upstream Registrar support it (see §5). Eligibility varies by Registry and TLD, and some TLDs do not support privacy at all; for those Domains your Registrant contact details are published in the public registration directory, and we identify them before purchase.

By using the Privacy Service you authorize Company and its privacy service provider to receive communications directed to the proxy contact and to forward them to you. You may turn the Privacy Service off at any time on request.

The Privacy Service applies only while it is active on a Domain and is not a guarantee of perpetual or complete redaction: it may end if the Domain expires, is transferred away, or the service lapses or is turned off, and your details may be disclosed where required by law or by ICANN, Registry, or Upstream Registrar policy, or under §8 of the Acceptable Use Policy. Your obligation to provide and maintain accurate, current, and complete Registrant data under §7 and the Privacy Policy applies to the underlying data regardless of whether the Privacy Service is active.

12. Security, Data Breach, and No Guarantee

Company implements commercially reasonable administrative, technical, and physical safeguards designed to protect account and personal data. However, no method of transmission or storage is completely secure, and Company does not warrant or guarantee that the Services or your data will be free from unauthorized access, breach, loss, theft, or compromise. Without limiting §13–§14, and to the maximum extent permitted by law, Company disclaims any loss or liability resulting from: the inadvertent disclosure, loss, or theft of your personal information; access delays or interruptions to the Site or the Upstream Registrar's systems; non-delivery or mis-delivery of data or communications between you and Company; unauthorized use of your account; and any act or omission of you or your agents. In the event of a data breach affecting your personal information, Company will provide notification as and to the extent required by applicable law. Any liability arising from a data breach or security incident is subject to the Limitation of Liability in §14.

13. Disclaimer of Warranties

THE SERVICES, THE SITE, AND ALL DOMAINS ARE PROVIDED "AS IS," "AS AVAILABLE," AND "WHERE IS," WITHOUT WARRANTIES OF ANY KIND, WHETHER EXPRESS, IMPLIED, OR STATUTORY, INCLUDING ANY IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, AND NON-INFRINGEMENT, AND ANY WARRANTY ARISING FROM COURSE OF DEALING OR TRADE USAGE. Company does not warrant that the Services will be uninterrupted, timely, secure, or error-free; that any Domain will be successfully registered, renewed, or retained; or that any Domain will be free from third-party claims or disputes.

14. Limitation of Liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW:

(a) Exclusion of damages. COMPANY, ITS OWNERS, OFFICERS, EMPLOYEES, AND SUPPLIERS WILL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, OR FOR ANY LOSS OF PROFITS, REVENUE, GOODWILL, DATA, OR BUSINESS INTERRUPTION, INCLUDING WITHOUT LIMITATION THE LOSS OF A DOMAIN OR THE VALUE, RESALE VALUE, OR APPRECIATION OF A DOMAIN, ARISING OUT OF OR RELATED TO THE SERVICES, WHETHER BASED IN CONTRACT, TORT (INCLUDING NEGLIGENCE), STRICT LIABILITY, OR ANY OTHER THEORY, EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

(b) Aggregate cap. COMPANY'S TOTAL AGGREGATE LIABILITY FOR ALL CLAIMS ARISING OUT OF OR RELATED TO THE SERVICES OR A GIVEN DOMAIN WILL NOT EXCEED THE TOTAL FEES YOU ACTUALLY PAID TO COMPANY FOR THE SPECIFIC SERVICE OR DOMAIN GIVING RISE TO THE CLAIM DURING THE TWELVE (12) MONTHS PRECEDING THE EVENT, OR FIVE HUNDRED U.S. DOLLARS ($500), WHICHEVER IS LESS. This cap applies in the aggregate and is not per-incident.

(c) Enumerated non-liability. WITHOUT LIMITING THE FOREGOING, COMPANY IS NOT LIABLE FOR THE SUSPENSION, CANCELLATION, LOSS, HIJACKING, OR TRANSFER OF ANY DOMAIN RESULTING FROM: EXPIRATION OR NON-RENEWAL; INACCURATE OR OUTDATED CONTACT INFORMATION; FAILED OR REVERSED PAYMENT; ACTION OR INACTION OF THE UPSTREAM REGISTRAR, A REGISTRY, OR ICANN; APPLICATION OF ICANN, UDRP, URS, OR REGISTRY POLICY; COURT OR GOVERNMENTAL ORDER; THIRD-PARTY DISPUTE OR CLAIM; OR UNAUTHORIZED ACCESS TO YOUR ACCOUNT NOT CAUSED BY COMPANY'S GROSS NEGLIGENCE OR WILLFUL MISCONDUCT.

(d) Survival of cap. THE LIMITATIONS IN THIS SECTION APPLY EVEN IF ANY LIMITED REMEDY IS FOUND TO HAVE FAILED OF ITS ESSENTIAL PURPOSE, AND FORM AN ESSENTIAL BASIS OF THE BARGAIN BETWEEN THE PARTIES.

(e) Exceptions. Nothing in these Terms limits liability that cannot be limited under applicable law, including liability for gross negligence, willful misconduct, fraud, or death or personal injury caused by Company's negligence. Some jurisdictions do not allow certain exclusions or limitations; in such jurisdictions Company's liability is limited to the smallest amount permitted by law.

15. Indemnification

You will, at your own expense, release, defend, indemnify, and hold harmless Company and its owners, officers, employees, and agents; TLDS L.L.C. d/b/a SRSplus, Network Solutions, LLC, Web.com, and Newfold Digital, Inc., together with their respective parent, subsidiary, and affiliated companies (including Register.com, Inc.), and each of their officers, directors, shareholders, licensors, related companies, contractors, partners, employees, agents, attorneys, and assigns; ICANN; and each applicable Registry (collectively, the "Indemnified Parties"), within thirty (30) days of demand, from and against any and all claims, demands, damages, liabilities, losses, costs, and expenses (including reasonable attorneys' fees) arising out of or related to: your use of the Services; your Domains or content; your business, if any, conducted through the Domains, including your advertising, submissions, billing practices, and customer service; any inaccurate or incomplete registration information you provide; your violation of these Terms, the Acceptable Use Policy, or any ICANN, Registry, or Upstream Registrar policy; your violation of applicable law, including U.S. export-control and economic-sanctions laws (including those administered by the U.S. Office of Foreign Assets Control); or your infringement of any third-party right, including any UDRP, URS, trademark, or other domain dispute. This indemnity is intended to be at least as broad as, and to enable Company to satisfy, the indemnification Company owes the Upstream Registrar under the SRSplus partner terms. Company will provide prompt notice of any such claim and may participate in the defense with its own counsel at its own expense. You will not settle any claim in a way that imposes any liability, obligation, or admission on any Indemnified Party without that party's prior written consent.

16. Suspension and Termination

Company may suspend or terminate your access, or cancel a Service, immediately and without liability, for violation of these Terms or applicable policy, suspected fraud or abuse, non-payment, or as required by the Upstream Registrar, a Registry, ICANN, or law. Fees already incurred are non-refundable. Provisions that by their nature should survive termination (including §5–§6, §13–§15, §17–§20) survive.

17. Force Majeure

Company is not liable for any failure or delay caused by events beyond its reasonable control, including acts of Registries, the Upstream Registrar, ICANN, or third parties; internet, telecommunications, or infrastructure failures; cyberattacks or hostile network activity; governmental action; or natural events.

18. Governing Law and Dispute Resolution

These Terms are governed by the laws of the State of Texas, without regard to conflict-of-laws rules. The parties submit to the exclusive jurisdiction of the state and federal courts located in Travis County, Texas, and you consent to personal jurisdiction and venue there. To the extent permitted by law, you waive any right to a trial by jury and any right to participate in a class action or class-wide proceeding. Any claim or cause of action arising out of or related to the Services or these Terms must be filed within one (1) year after the claim or cause of action first arose, or it is permanently barred, except where a longer period is required by applicable law.

19. Changes to the Terms

Company may modify these Terms at any time by posting the revised version with an updated Effective Date. Continued use after changes constitutes acceptance. Material changes will be communicated by email or by notice on the Site where practicable.

20. General

These Terms, together with the Privacy Policy, Acceptable Use Policy, and any incorporated Upstream Registrar terms, are the entire agreement between the parties regarding the Services. If any provision is held unenforceable, the remainder stays in effect and the unenforceable provision is limited to the minimum extent necessary. Company may assign these Terms (including to a successor or affiliate); you may not assign without our consent. Our failure to enforce any provision is not a waiver. Notices to you may be sent to your account email; notices to Company go to legal@fogmonkey.com or BDLOGIC LLC d/b/a FogMonkey, 5900 Balcones Drive, Ste 100, Austin, TX 78731.