Terms of Service

By subscribing to the Bizmint Service (hereinafter referred to as "the Service") the Customer accepts to use it in compliance with the Terms of Service stated below.

Whenever used in these Terms of Service, the following terms shall have the meaning defined hereinafter.

"Implix" a limited liability company, residing in Gdynia, Balladyny 26,81-524 Gdynia, Poland, shall denote the Service Provider; "the Customer" and/or "you" shall refer to any natural person or entity that uses the Service available on the bizmint.com website.

By purchasing, accessing, installing or otherwise using the Service, you agree to be bound by this Agreement. Please retain a copy of this Agreement for your records. If you do not agree with the Terms and Conditions of this Agreement, please do not use the Service.

1. Service

Implix provides the Service that enables to obtain an up-to-date, daily list of available, nonregistered domain names. Within the Service the Customer receives an actual list of .com and .net domains.

Implix offers several payment plans for Bizmint subscription: a monthly subscription, a semi-annual subscription and an annual subscription.

2. Customer Obligations

The Service is provided to the registered users.

The Customer may choose their login details and receives the password, hereinafter referred to as the "login details". The Customer is responsible for keeping the secrecy of their login details.

On registration to the Service, the Customer agrees to:

1. fill out the registration form with current, complete, and accurate data;
2. maintain and promptly update this data as current, complete and accurate as possible;
3. choose payment plan;
4. pay in due time all the fees accrued to the use of the Service;
5. the Terms of Service stated herein or their amended versions and any other policy developed, published and formulated by Implix.

The Customer should represent that they either act as a consumer or conduct a business activity and use the Service for the purposes of such business. The Customer is solely responsible for the contents of their representation and all results of any misrepresentation in that matter.

The Customer gives their express consent to receive commercial information about products and services of Implix.

Upon subscription to the Service, the Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.

The Customer must provide accurate and true registrant contact details and is required to maintain and promptly update this data as current, complete and accurate as possible. Implix reserves the right to suspend and terminate the Customer's account and refuse any and all current or future use of the Service, should the Customer provide any information that is untrue, not current, inappropriate or incomplete or we have reasonable grounds to suspect that such information is untrue, inaccurate, not current or incomplete.

The Customer expressly agrees that the use of the Service is at their sole risk and accepts the fact that the Service is provided on an "as is" basis, without guarantees of any kind.

The Customer acknowledges and agrees that Implix does not undertake any actions for the purpose of registering domains listed within the Service or act as a registering agent on behalf of the Customer.

The Service shall not be treated as business consultancy, financial consultancy or advice of any kind. Implix does not make any warranty as to the results that may be obtained from the use of the Service or as to the accuracy or reliability of any information obtained in Bizmint.com website. Implix does not make any warranty as to the registering and/or selling the domains listed within the Service. Implix does not warrant for the validity, completeness, suitability and correctness of domain list provided within the Service. The Customer expressly agrees that Implix is not liable for the content of domain list provided within the Service. Implix shall not be liable for any Customers' offences, harms and infringements of personal rights arising from the use of the Service, especially from the wording of domain names provided within the Service.

Implix does not warrant that the Service will be uninterrupted, timely, secure or error-free.

The Customer may not use any hardware or software intended to damage or interfere with the proper and timely functioning of the Service, or to surreptitiously intercept any system, data or personal information from the Service nor any website owned or controlled by Implix.

The Customer may not take any action that imposes unreasonable or disproportionately large load on the website network or other Implix service infrastructure.

The Customer realizes that they are solely responsible for any actions or omissions related to their use of the Service.

Implix reserves the right to issue a warning should the Customer be found using the Service for any abusive or illegal practices. Appropriate actions, such as disabling Customer's account, terminating the Service, and/or reporting the Customer and the incident to proper authorities shall be taken immediately should the Customer appear to perform or be performing such practices, despite the explicit warning.

3. Abusive And Illegal Practices

The Customer is not allowed to use the Service in a manner that intentionally or unintentionally, violates any applicable local, state, national or international laws, or any rules or regulations promulgated hereinafter.

4. Payments

The Customer is obliged to pay in due time all fees for the use of the Service according to the chosen payment scheme.

Access to the Service shall be provided to the Customer for a certain period of time, according to the chosen subscription plan, upon receiving the subscription payment.

The subscription payment includes the down payment fee for the subscription to the Service account of a chosen type.

The Customer agrees to pay recurring fees for the subscription, per the subscription plan. The recurring fee, deducted automatically, is based on the price list which is presented on the Bizmint.com website.

The recurring payment of the actual amount for a chosen scheme will be issued on the first day after the expiration date of the subscription (hereinafter referred to as the "recurring date"). If the recurring is unsuccessful at that point, Implix will retry to complete the payment in the following days and, if the completion of the transaction is unsuccessful, will terminate the Service.

Where appropriate, tax on goods and services (VAT) shall be added to the payment price in accordance with currently effective rates. Upon the receipt of each payment Implix will issue an invoice for the Service within 30 days. The Customer expressly agrees to receive invoices issued by Implix by electronic means of communication.

The Customer may upgrade the subscription plan for the next subscription period without any charges. The Customer may also upgrade the subscription plan during the subscription period. In such case, the down payment made will be re-calculated proportionately to period in which the Customer used the Service according to the paid subscription period.

Bonus amount representing difference between amounts of the down payment and recalculated payment shall be kept by Implix on account of the following fees due to Implix.

Implix does not provide the Customer with the right to withdraw the order and warrants that no refunds are given.

Upon receiving payment, Implix sends an email to the Customer, containing a payment confirmation receipt and an invoice.

Implix reserves at its sole discretion the right to change the fees for the Service subscription. The actual fees and prices are available at Bizmint.com.

5. Technical Requirements

Implix assures that the Service will operate on Windows 95/98/NT/2000/Me/XP platform with the latest version of Internet Explorer or Mozilla Firefox.

6. Customer Support Service

Implix provides Email Support for the Customers.

The Customer may address all questions, doubts, and report errors via email to GetResponse.com Customer Support Department at bizmint@cs.implix.com. The Customer should provide at least the account name and their name. Implix does not investigate or take any action based on "anonymous" support requests.

Implix assures that response shall take place within two business days after receiving a request from the Customer.

7. Copyrights And Trademarks

All content included on the Bizmint.com website, such as text, graphics, logos, button icons, images, audio clips and software, is the property of Implix or its content suppliers and protected by Polish, U.S. and international copyright laws. No part of this website may be reproduced or transmitted in any form or by any means without express written consent from the authors.

These Terms of Service does not transfer from Implix to the Customer developed, licensed and/or owned technology and all rights, title and interests in and to such technology will remain solely with Implix.

Implix, Bizmint, Bizmint.com are trademarks and trade names of Implix in the Republic of Poland, the United States and other countries.

Trademarks of Implix may not be used in conjunction with other companies' products or services, in any manner that may cause confusion among customers and potential customers, or in any manner that discredits Implix, its products and services.

8. Privacy

Implix constitutes the Privacy Policy as an inherent part of these Terms of Service.

Implix will never use the information about the Customer that is collected within the Service to send any unsolicited messages or information nor share it with or sell to anyone else for such use, according to the Implix's Privacy Policy.

To perform the Agreement, Implix shall collect personal information, such as, but not limited to: (i) the Customer's first name, (ii) last name, (iii) address, (iv) credit card number, (v) identification numbers, such as tax identification number, (vi) phone number, (vii) email address, that is not otherwise publicly available.

Implix will keep the personal data given by the Customer as long as required in order to perform their obligations under this Agreement.

Implix shall be responsible for ensuring sufficient security measures for processing personal data provided by the Customer.

You agree and acknowledge that your information collected through the Service or in connection with the Service may be transferred across national boundaries and stored and processed in any of the countries around the world in which Implix maintains offices and undertakes commercial activities, including the United States.

Unless it is required to do so by law, Implix will not provide any personal Customer's data to third parties other than its employees, affiliates or contractors to the extent such is required in order to perform the Service for the Customer.

9. Termination Of Service

The Customer may terminate the Service at anytime with an effect on the day in which the paid subscription has expired.

If the Customer wants to terminate the Service, they are required to send a cancellation request to the Billing Department at: billing@cs.implix.com and provide at least the account name and the email address, no later than two business days prior to the recurring date.

Unless expressly or explicitly mentioned in these Terms of Service, the Customer shall not be entitled to any partial or whole reimbursement of any fees or payments already paid or due, according to the Section 4 of these Terms of Service.

Implix reserves at its sole discretion the right to terminate the Service in the event of not receiving a due payment or a recurring payment.

Implix reserves at its sole discretion the right to instantly terminate the Service in the event: (i) the Customer is found to be using Implix services for abusive or illegal practices, or (ii) the Customer does not conform to any of their obligations as referred to in the Section 2 above.

Implix reserves at its sole discretion the right to terminate the Service in the event of receiving an independent verification that the Customer provided grossly inaccurate, unreliable or false registrant contact details, or failed to keep such contact details up to date. In aforementioned situations, the Service will be terminated with an immediate effect.

Any down payment made for the Customer will not be re-calculated. The Customer shall not have any right for reimbursement of the sum paid nor any part of such sum. Implix will not perform any recalculation of the down payment amounts.

10. Disclaimer Of Warranties. Limitation Of Liabilities

IMPLIX DOES NOT WARRANT FOR THE WEBSITE AND THE SERVICE IT IS PROVIDING. IMPLIX DISCLAIMS ANY WARRANTY OF TITLE, MERCHANTABILITY, NON-INFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. THE SERVICE AND THE WEBSITE ARE DISTRIBUTED ON "AS IS" BASIS WITHOUT WARRANTIES OF ANY KIND, EITHER EXPRESSED OR IMPLIED.

For breach or default by Implix of any of the provisions of these Terms of Service, Implix's entire liability, regardless of the form of action, whether based on contract or tort, including negligence, and including the furnishing, the failure to furnish or the quality of any Service, shall in no event exceed in the aggregate the amount paid by the Customer for the Service that is the subject of the claim in one month immediately preceding the date the Customer notifies Implix of such claim, or in the aggregate, in respect of all claims under or related to the Services provided by Implix to the Customer.

IN NO EVENT WILL IMPLIX NOR ITS AGENTS, EMPLOYEES, DIRECTORS, OFFICERS OR SUPPLIERS BE LIABLE FOR LOSSES OR DAMAGES HEREUNDER OR UNDER ANY SERVICES SCHEDULE FOR ANY SPECIAL, INCIDENTAL, INDIRECT, OR CONSEQUENTIAL LOSS OR DAMAGE (EVEN IF IMPLIX HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH LOSS) INCLUDING, BUT NOT LIMITED TO, LOST BUSINESS REVENUE, LOSS OF PROFITS, LOSS OF DATA, FAILURE TO REALIZE EXPECTED PROFITS OR SAVINGS OR OTHER COMMERCIAL OR ECONOMIC LOSS OF ANY KIND OR ANY CLAIM AGAINST THE CUSTOMER BY ANY OTHER PERSON RESULTING FROM OR ARISING IN ANY CONNECTION WITH THE PERFORMANCE OR NON-PERFORMANCE OF THIS AGREEMENT, ANY SERVICES SCHEDULE OR ANY OBLIGATION HEREUNDER OR THEREUNDER (INCLUDING THE SERVICES), HOWSOEVER CAUSED (INCLUDING BREACH OF A WARRANTY, TORT, NEGLIGENCE, STRICT LIABILITY IN TORT, OR ANY LEGAL, STATUTORY OR EQUITABLE CAUSE OF ACTION).

THE LIMITATIONS, EXCLUSIONS AND DISCLAIMERS IN THIS AGREEMENT SHALL APPLY IRRESPECTIVE OF THE NATURE OF THE CAUSE OF ACTION, DEMAND OR CLAIM BY THE CUSTOMER, INCLUDING, WITHOUT LIMITATION BREACH OF CONTRACT, NEGLIGENCE, TORT, STRICT LIABILITY OR ANY OTHER LEGAL THEORY AND SHALL SURVIVE A FUNDAMENTAL BREACH OR BREACHES OR THE FAILURE OF THE ESSENTIAL PURPOSE OF THIS AGREEMENT.

Implix shall not be responsible or liable for any loss, damage or inconvenience suffered by the Customer or by any third person, to the extent that such loss, damage or inconvenience is caused by the failure of the Customer to comply with their obligations under this Terms of Service.

Implix is not responsible for any delay or failure in performance due to Force Majeure or other occurrences that are beyond Implix's reasonable control. Implix is not responsible for short, temporary and accidental suspension of the Service, as the result of circumstances which Implix could not foresee or suspect.

The Customer recognizes that Implix does not own or control other networks, information and systems outside of its own network, nor is Implix responsible for performance or non-performance within such networks. Implix exercises no control over and specifically denies any responsibility for the content, information, accuracy or quality of the information and/or data passing through its network or the Service provided.

Implix may, at its sole discretion and without liability, change or modify the features and functionalities of the Service or modify or replace any provided equipment, or software used to deliver the Service provided that this does not have a material adverse effect on the Service.

Implix may perform scheduled or emergency maintenance (including temporary suspension of the Service if necessary) to maintain or modify the Service without previous notice given to the Customer. Implix will give the Customer such notice of the maintenance as is reasonably practicable in the circumstances, provided that, in the event of scheduled maintenance that would last for more than one day, Implix will use reasonable efforts to give the Customer at least one day's notice. Scheduled maintenance will be carried out with an aim to minimize business interruption.

The Customer hereby indemnifies, and holds harmless, Implix and its officers, directors, employees and agents from and against all claims, proceedings, liabilities, actions, suits, judgements and orders for any indirect, incidental, special, punitive or consequential damage to any person or entity resulting from the use or misuse of the Service, including but not limited to the wilful misconduct or negligent acts or omissions of the Customer or the Customer's officers, agents, employees or subcontractors. Implix shall notify the Customer as soon as reasonably practical of any such claim, demand or cause of action for which Implix will require such indemnification from the Customer. Implix will provide the Customer with reasonable information and assistance to defend such claim, demand, or cause of action.

SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF IMPLIED WARRANTIES, SO THE ABOVE EXCLUSION MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS THAT VARY FROM STATE TO STATE.

14. Final Provisions

The illegality, invalidity or unenforceability of any provision of these Terms of Service shall not affect the legality, validity and enforceability of any other provisions hereof.

It is also understood and agreed by the parties that if any provision of this Agreement is prohibited or is unenforceable under the law of any government having jurisdiction, (i) such invalid or unenforceable provision will be modified to the extent necessary to render it valid and enforceable without altering its intent, or (ii) if such modification is not possible, these Terms of Service will be construed as if such invalid or unenforceable provision had never been contained in these Terms of Service.

Implix reserves the right to modify, add or delete any documents, information, graphics or other content appearing on or in connection with the GetResponse.com website, including these Terms of Service, at any time without prior notice. The Customer agrees that their continued use of the Service after such update will constitute their acceptance of and agreement to be bound by the updated Terms of Service. The most current version of the Terms of Service is available at any time at Bizmint.com

This Service shall be interpreted and construed according to, and governed by, the laws of the Republic of Poland, excluding any such laws that might direct the application of the laws of another jurisdiction.

The law of the Republic of Poland and Polish Court shall be the governing jurisdiction.