Terms of Service

These Terms of Service (“Agreement”) specify the terms and conditions that govern your registration and use of a domain name registered in the .CPA TLD (collectively “Service(s)”). This Agreement is made by and between the American Institute of Certified Public Accountants, a Washington, D.C. not-for-profit entity (“Registry Operator”), and the registrant (“Registrant” or “you”). Notwithstanding the prior definition, the term “Registry Operator” shall also include its affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns, including (without limitation) the Association of International Certified Professional Accountants; “Registrant” shall include each person who accesses or uses the Services.

By clicking the “I Agree” button or by registering for a .CPA domain name (the “Domain Name”), Registrant agrees that it has read, understands and agrees to be legally bound and to abide by this Agreement and any policies, guidelines or rules applicable to the Services, including but not limited to the following policies, which are incorporated herein by reference (the “.CPA Policies”) and can be found at https://domains.cpa.

IF YOU DO NOT AGREE TO BE BOUND BY THIS AGREEMENT AND THE .CPA POLICIES, YOU ARE NOT PERMITTED TO REGISTER A .CPA DOMAIN NAME OR USE THE SERVICES.

You acknowledge that Registry Operator in its sole discretion, may update or modify these Terms, the .CPA PolicIES, and/or any other posted policies, guidelines or rules from time to time without notice to you. CONTINUED REGISTRATION OR USE OF A .CPA DOMAIN NAME OR THE SERVICES CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

Eligibility Conditions and Domain Name Requirements
1. Eligibility Conditions. You represent and warrant that you:
  1. i. Possess an active license, or an equivalent credential, to practice as a certified public accountant, certified practicing accountant or chartered professional accountant issued by a national, state or other regulatory body that is approved by Registry Operator; or
  2. are a not-for-profit professional organization exclusively engaged in supporting the CPA profession and/or in representing the profession’s interests.
2. Domain Name Requirements. Domain names must comply with all .CPA Policies. In addition, you represent and warrant that:
  1. You are not aware of any allegation, charge, or complaint that the Domain Name you are registering is false, misleading, or deceptive, unlawful, or otherwise inconsistent with the standards of the CPA profession; and
  2. The Domain Name you are registering does not infringe upon any intellectual property rights.
3. Registry Operator Reliance. By using the Services, you understand and agree that Registry Operator may rely on the above Eligibility Conditions representations and warranties and Domain Name Requirements representation and warranties as true and accurate. You understand and agree that Registry Operator may revise the Eligibility Conditions and Domain Name Requirements from time to time and require new conditions and certifications and that you will abide by such revised Eligibility Conditions and Domain Name Requirements or discontinue using the Services. If at any point you no longer meet the Eligibility Conditions or Domain Name Requirements, you must discontinue using the Services. If Registry Operator becomes aware or believes that there are violations of the Eligibility Conditions or Domain Name Requirements by any Registrant or that the Registrant has otherwise provided any false or misleading information, it may, among other things, suspend and/or terminate such .CPA Domain Name registration with or without notice at its sole discretion.
4. d. You agree to notify Registry Operator immediately in the event (i) you no longer satisfy the Eligibility Conditions or (ii) there is any allegation, charge, or complaint that the registered Domain Name is false, misleading, deceptive, unlawful, or otherwise inappropriate. In the case of such event, you agree to immediately remedy such condition or disable access to the website displayed in connection with the Domain Name.
5. Termination. Notwithstanding the above provision entitled “Registry Operator Reliance,” Registry Operator may suspend and/or terminate your account for any reason or for no reason at all and with or without notice at Registry Operator’s sole discretion.
Obligations of the Registrant.
1. All Registrants must enter into a Registration Agreement with a Registrar. Registry Operator reserves the right to deny, cancel or transfer any .CPA domain name registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator, Registry Operator’s service provider, Registrar and/or any other contractually obligated vendors in connection with a domain name registration, or (iii) for violation of .CPA Policies, or (iv) the non-payment of fees to Registry Operator.
2. All Registrants shall comply with ICANN standards, policies, procedures, and practices for which Registry Operator has responsibility in accordance with their Registry Operator Agreement or other arrangement with ICANN.
3. All Registrants shall comply with all state accountancy laws, regulations, and rules relating to advertising.
Privacy. You can view Registry Operator’s Privacy Policy at https://domains.cpa, which is expressly incorporated into this Agreement. By using the Services, you agree to the applicable Privacy Policy and any changes published to it by Registry Operator.
Trademarks. You shall not use the name, logo, or other trademarked material of Registry Operator or any third party associated with the Services, without prior written approval of Registry Operator or the third party, for any purpose, including but not limited to advertising and marketing purposes. All other trademarks, product names and company names or logos cited herein are the property of their respective owners.
DISCLAIMER OF WARRANTIES AND LIMITATION OF LIABILITY
1. Disclaimer. Registry Operator expressly disclaims, and you hereby expressly release Registry Operator from, any and all liability whatsoever for any controversies, claims, suits, injuries, loss, harm and/or damages arising from and/or in any way related to the Services. By using the Services, you acknowledge and agree that you are solely responsible for your use of the Services. TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, THE SERVICES ARE PROVIDED ON AN “AS IS” “AS AVAILABLE” BASIS WITHOUT WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, WARRANTIES OF TITLE, CUSTOM, USAGE, MERCHANTABILITY, NONINFRINGEMENT OR FITNESS FOR A PARTICULAR PURPOSE. YOU HEREBY EXPRESSLY AGREE THAT USE OF THE SERVICE IS AT YOUR SOLE RISK. REGISTRY OPERATOR DOES NOT REPRESENT, OR WARRANT, AND FURTHER DISCLAIMS ANY AND ALL LIABILITY ASSOCIATED WITH, THE FOLLOWING:
  1. THAT ACCESS TO THE SERVICES WILL BE UNINTERRUPTED OR ERROR-FREE;
  2. THAT ANY INFORMATION, PRODUCTS OR SERVICES OBTAINED FROM OR THROUGH THE SERVICES WILL BE RELIABLE, ACCURATE, SAFE, TIMELY OR COMPLETE; AND/OR
  3. THE CONDUCT OF OTHER THIRD PARTIES, INCLUDING HACKERS OR OTHERS WHO ENGAGE IN THE UNAUTHORIZED ACCESS, USE OR MISAPPROPRIATION OF ANY REGISTRANT CONTENT OR INFORMATION;
  REGISTRY OPERATOR CANNOT AND DOES NOT REPRESENT OR WARRANT THAT CONTENT OR INFORMATION TRANSMITTED OR ACCESSED USING THE SERVICE WILL NOT BE MISAPPROPRIATED, INTERCEPTED, DELETED, DESTROYED OR USED BY OTHERS AND SHALL NOT BE LIABLE THEREFOR. REGISTRY OPERATOR HEREBY EXPRESSLY DISCLAIMS, AND YOU HEREBY EXPRESSLY RELEASE REGISTRY OPERATOR FROM, ANY AND ALL LIABILITY WHATSOEVER FOR ANY CONTROVERSIES, CLAIMS, SUITS, INJURIES OR DAMAGES ARISING FROM THE USE OR INABILITY TO USE THE SERVICES.
2. Limitation of Liability. In no event shall Registry Operator, ITS officers, directors, employees, agents, contractors, suppliers, or licensees be liable for any indirect, punitive, special, incidental or consequential damage; including but not limited to loss of business, revenue, profits, use, data or other economic advances, however it arises, whether in an action of contract, negligence or other tortious action, or arising out of or in connection with the use or inability to use the Service, even if Registry Operator has been previously advised of the possibility of such damage.
NOTWITHSTANDING ANYTHING HEREIN TO THE CONTRARY, THE AGGREGATE LIABILITY OF REGISTRY OPERATOR TO YOU WILL NOT EXCEED THE GREATER OF: (i) $500, or (ii) THE TOTAL AMOUNTS PAID BY YOU OR PAID TO YOU REGISTRY OPERATOR IN THE TWELVE (12) MONTHS PRIOR TO THE EVENT GIVING RISE TO THE CLAIM OR CAUSE OF ACTION. YOU AGREE THAT IF REGISTRY OPERATOR WERE TO HAVE ANY LIABILITY GREATER THAN THE AMOUNTS LISTED ABOVE IN THESE TERMS, REGISTRY OPERTOR’S RISK OF LIABILITY WOULD BE TOO GREAT TO PROVIDE THE SERVICES, AND YOU HVE REGISTERED THE DOMAIN NAME AND USED THESE SERVICES WITH A COMPLETE UNDERSTANDING OF THE LIMITATIONS TO REGISTRY OPERATOR’S LIABILITY.
Indemnification. You agree to defend, indemnify and hold harmless Registry Operator, its affiliates, parents, subsidiaries, officers, directors, shareholders, employees and agents from and against any and all claims, liabilities, damages, losses or expenses, including reasonable attorneys’ fees and costs, arising out of or in any way connected with the Services.
Registry Operator’s Marketing Materials. You agree that Registry Operator may identify you and use your registered Domain Name at Registry Operator’s discretion in marketing, advertising, or public relations materials relating to the Services.
General Provisions
1. Third Party Beneficiary. Registry Operator is an intended third-party beneficiary of the Registrar’s Registration Agreement, with a right to enforce the terms and provisions contained herein.
2. Governing Law. In the event of any dispute arising out of or relating to this Agreement, you and Registry Operator shall attempt in good faith to resolve such dispute through informal means, including timely escalation of the dispute to senior management having full settlement authority. If the dispute is not resolved as a result of these efforts, the matter will be submitted to final and binding arbitration under the rules of the American Arbitration Association. You agree to cooperate in selecting an arbitrator and in scheduling the arbitration proceedings to be conducted by one arbitrator in the English language, applying the substantive laws of the United States of America and New York, excluding its laws pertaining to a “conflicts of law.” The site of any proceedings shall be New York County, New York. The provisions of this Article and any resulting award may be enforced by any court of competent jurisdiction. The prevailing party in any arbitration shall be entitled to an award of all costs, fees and reasonable expenses, including attorneys’ fees, incurred as a result of the arbitration or any action to enforce the arbitration award. Punitive damages may not be awarded in connection with any arbitration proceeding arising out of or relating to this Agreement.
3. Independent Party. This Agreement is not intended to and does not create a joint venture, partnership or other formal business organization of any kind. Neither party shall have, or hold itself out to any third party as having any authority to make any statements, representations or commitments of any kind, or to take any action, that shall be binding on the other, except as provided for herein or authorized in a separate writing by the party to be bound.
4. No Transfer. You may not assign or otherwise transfer in whole or in part or in any manner any rights, obligations or interests the Services and any attempted assignment will be null and void. Your merger or other acquisition by a third party will be treated as an assignment. Registry Operator may at any time and without Registrant’s consent assign all or a portion of its rights and duties under this Agreement.
5. Force Majeure. Registry Operator shall not be liable for any delay or failure in performance of Services resulting from acts beyond its control, including, but not limited to acts of God, acts of war, fire, flood, or other disaster, acts of government, communication line or power failures.
6. Severability. If any provision of this Agreement is declared by a court of competent jurisdiction to be invalid, illegal or unenforceable, such provision shall be severed from the Agreement and the other provisions shall remain in full force and effect.

Starter Site Addendum

This Starter Site Addendum (this “Addendum”) specifies additional terms and conditions that govern your registration and use of a Starter Site (as defined below) (collectively, the “Starter Site Services”). This Addendum is made by and between the American Institute of Certified Public Accountants, a Washington, D.C. not-for-profit entity (“Registry Operator”), and the registrant (“Registrant” or “you”). Notwithstanding the prior definition, the term “Registry Operator” shall also include Registry Operator’s affiliates and subsidiaries and its and their investors, officers, directors, employees, agents, representatives and assigns, including, without limitation, the Association of International Certified Professional Accountants. “Registrant” shall include each person who accesses or uses the Starter Site Services. A “Starter Site” is a basic website with a .CPA TLD domain name (the “Domain Name”), which is hosted by Registry Operator and provided to you free of charge.

By clicking the “I Agree” button or by registering for a Starter Site, Registrant agrees that it has read, understands and agrees to be legally bound and to abide by this Addendum and any policies, guidelines or rules applicable to the Starter Site, Starter Site Services or the Domain Name available at https://domains.cpa, including but not limited to, the Terms of Service and Privacy Policy (as such terms are defined below) (collectively, the “.CPA Policies”).

IF YOU DO NOT AGREE TO BE BOUND BY THIS ADDENDUM AND THE .CPA POLICIES, YOU ARE NOT PERMITTED TO REGISTER A STARTER SITE OR USE THE STARTER SITE SERVICES.

You acknowledge that Registry Operator in its sole discretion, may update or modify this Addendum, the .CPA Policies, and any other posted policies, guidelines or rules from time to time without notice to you. CONTINUED REGISTRATION OR USE OF A STARTER SITE, THE STARTER SITE SERVICES OR THE DOMAIN NAME CONSTITUTES YOUR ACCEPTANCE OF SUCH CHANGES.

No Availability Guarantee or Support Services
Registry Operator does not commit to any service levels, uptime guarantees, availability commitments, or any other operational or support metrics. Because the Starter Site Services are offered to Registrant as a free service, Registrant acknowledges, agrees and accepts that there are no service levels, uptime guarantees, availability commitments, or any other operational or support metrics and that Registry Operator will not provide any support services. Registry Operator may interrupt or change the Starter Site Services at any time and for any reason without prior notice to Registrant.
Starter Site Registration and User Account
Use of a Starter Site requires a login to EnCirca, the registrar of the Domain Name, which is established by Registrant when registering a Domain Name in accordance with the .CPA Policies. Creation, management of, and security of the user account is the responsibility of Registrant. Registrant is responsible for use of the Starter Site and the Starter Site Services by any user who accesses the Starter Site or Starter Site Services with Registrant’s account credentials.
Security
Registrant uses the Starter Site and the Starter Site Services at its own risk. Registry Operator makes no representations, warranties or covenants about the security, functionality or performance of the Starter Site or the Starter Site Services.
Content on the Starter Site; Responsibility for Content
Any content displayed on the Starter Site is publicly available on the internet and therefore not considered private. Registrant owns all rights to Registrant’s content. Registry Operator may handle Registrant’s content in order to provide Registrant with the Starter Site Services. Registrant is responsible for all content displayed on, posted to, or incorporated into the Starter Site or the Starter Site Services. Registrant represents, warrants and covenants that all such content is accurate and complies with all applicable laws, rules and regulations, including, but not limited to, all state accountancy laws, regulations, and rules relating to advertising. If Registrant’s account, Starter Site or any of the Starter Site Services are cancelled, it may result in loss of content and data. Registrant is responsible for backing up Registrant’s content, data and materials
Cancellation by Registrant
Registrant may discontinue use of, and request to cancel, Registrant’s Starter Site at any time, in accordance with the instructions available on the domains.cpa website. The effective date and time for such cancellation shall be the date and time on which Registrant has completed the cancellation process on the domains.cpa website.
Termination, Suspension or Modification by Registry Operator
Registry Operator may terminate or suspend Registrant’s access to the Starter Site or Starter Site Services at any time and for any reason without prior notice to Registrant. Registrant may modify, change or alter the Starter Site or Starter Site Services at any time and without prior notice to Registrant.
Registry Operator’s Intellectual Property and Third Party Features
Registry Operator owns all rights in and to the Starter Site, Starter Site Services, and any other services, content, data, technology and features offered by Registry Operator. The Starter Site and Starter Site Services may include certain features that are made available to Registrant by a third party. Registrant uses such features at Registrant’s own risk and Registrant should read any terms and conditions of such third parties associated with such third party features.
Registrant Obligations:
In addition to the other obligations stated herein and in the CPA.com Policies, Registrant must also meet and satisfy the following conditions and obligations in order to use the Starter Site and the Starter Site Services:
1. Registrant shall register for a Domain Name with Registry Operator and comply, at all times, with the .CPA Policies.
2. Registrant shall (i) own all rights in any content Registrant or its users upload or publish or that Registry Operator may access, import and/or upload for Registrant or its users via the Starter Site or Starter Site Services, and (ii) ensure that such content is legal and reliable, and that the use of such content by Registry Operator is legal.
3. Registrant shall comply, and cause all of Registrant’s users to comply, with all applicable laws and the .CPA Policies. Registrant represents and warrants to Registry Operator that the Starter Site is not, and will not be used by Registrant or its users as, a place of public accommodation that would render it subject to the Web Content Accessibility Guidelines.
Registry Operator’s Marketing Materials
You agree that Registry Operator may identify you and use the Starter Site at Registry Operator’s discretion in marketing, advertising, or public relations materials relating to the Services.
Incorporation of Terms of Use and Privacy Policy
The Terms of Service, available at https://register.domains.cpa/policies/, as such may be modified, amended, superseded, or otherwise altered by Registry Operator (the “Terms of Service”) and the Privacy Policy, available at https://register.domains.cpa/policies/, as such may be modified, amended, superseded, or otherwise altered by Registry Operator (the “Privacy Policy”) are expressly incorporated herein by reference in their entirety, including but not limited to, the specific provisions of the Terms of Service identified below:
1. “Disclaimer of Warranties and Limitation of Liability”
2. “Limitation of Liability”
3. “Indemnification”
4. “General Provisions”
  
  As used in the Terms of Service, this Addendum shall be included in the term “Agreement”, and the Starter Site and Starter Site Services shall be included in the term “Services”.

Data Processing Addendum

This Data Processing Addendum (this “Addendum”) is incorporated into and forms part of the Terms of Service between Customer and CPA.com (the “Agreement”). In the event of a conflict between this Addendum and any other provision in the Agreement, this Addendum shall control. Capitalized terms used but not defined in this Addendum shall have the meanings ascribed to such terms in the Agreement.

1. Definitions

“Data Controller” means the entity that determines the purposes and means of the Processing of Personal Data, and includes equivalent terms, such as “Business” under Privacy Laws.
“Data Processor” means a person or entity that Processes Personal Data on behalf of a Data Controller, and includes equivalent terms, such as “Service Provider” and “Contractor” under Privacy Laws.
“Security Incident” means confirmed unauthorized access to or acquisition of Personal Data while being Processed by CPA.com or its Sub-Processors.
“Personal Data” means any information that constitutes “personal data” or “personal information” under Privacy Laws that is Processed by CPA.com or its Sub-Processors in its provision of the Services.
“Privacy Laws” means all applicable laws and regulations relating to the privacy or security of Personal Data.
“Process” (and its derivatives) means any operation or set of operations performed upon Personal Data, whether or not by automatic means, including, without limitation, creating, collecting, aggregating, procuring, obtaining, accessing, recording, organizing, structuring, storing, adapting, altering, retrieving, consulting, using, disclosing, disseminating, making available, aligning, combining, restricting, erasing and/or destroying the information.
“Sub-Processor” means any entity engaged by CPA.com to Process Personal Data on behalf of Customer.

2. Roles and Responsibilities of the Parties

The Parties acknowledge and agree that (A) Customer is acting as a Data Controller, and has the sole and exclusive authority to determine the purposes and means of the Processing of Personal Data under this Addendum, and (B) CPA.com is acting as a Data Processor on behalf of and under the instructions of Customer.

3. CPA.com Processing Obligations

CPA.com will comply with Privacy Laws applicable to CPA.com in relation to its Processing of Personal Data.
CPA.com will impose confidentiality obligations on CPA.com personnel authorized to access Personal Data.
CPA.com will engage Sub-Processors under written agreements requiring the Sub-Processors to comply with data protection obligations that are substantially similar to those applicable to CPA.com under this Addendum to the extent such provisions are applicable to the Sub-Processor’s Processing of Personal Data.
Customer hereby authorizes CPA.com to engage the following Sub-Processors to Process Personal Data in connection with CPA.com’s provision of the Services: [N/A]. CPA.com will notify Customer of new Sub-Processors.
CPA.com will maintain an information security program that includes administrative, technical and physical measures designed to protect the security of Personal Data.
Once Processing of the Personal Data is no longer required for the purpose of the Agreement, CPA.com will take reasonable steps to delete Personal Data, unless retention is required or permitted under applicable law.
CPA.com will notify Customer without undue delay of a Security Incident of which CPA.com becomes aware. CPA.com will provide Customer with reasonable assistance to the extent necessary for Customer to assess its obligations under Privacy Laws in relation to the Security Incident.
CPA.com will arrange for an independent assessor to periodically conduct an assessment of CPA.com’s safeguards in support of its obligations under this Addendum using an accepted control standard or framework and assessment procedure for such assessments, in which case CPA.com will provide a summary of such assessment to Customer upon Customer’s request. For the avoidance of doubt, any such information is and shall be treated by Customer as the confidential information of CPA.com and shall not be disclosed by Customer to any third party without CPA.com’s prior written authorization.
CPA.com will use commercially reasonable efforts to comply with a request from Customer to assist with an individual rights request (such as an access or deletion request) relating to Personal Data, to the extent legally permitted or required, and to the extent Customer cannot do so itself through use of the Services.

4. Customer Obligations

Customer represents, warrants and covenants that (i) it has and shall maintain and abide by a written privacy policy that complies with Privacy Laws and provides proper notice regarding the collection, use, disclosure and other Processing of Personal Data as contemplated by the Agreement; (ii) it has and shall maintain all necessary rights, consents and authorizations to make available Personal Data to CPA.com and to authorize CPA.com to collect, use, disclose, retain and otherwise Process Personal Data as contemplated by this Addendum, the Agreement and other Processing instructions provided to CPA.com; and (iii) its instructions for the Processing of Personal Data shall comply with Privacy Laws. Customer shall indemnify and hold the CPA.com, its affiliates and its and their officers, directors, employees, agents, affiliates, successors and assigns (“CPA.com Indemnitees”) harmless from and against any damages and other losses incurred with respect to any claims relating to or arising from Customer’s breach of this Section IV(A), and shall defend the CPA.com Indemnitees against such claims.
Customer shall have sole responsibility for the accuracy, quality, and legality of Personal Data and the means by which Customer collects and discloses, or otherwise makes available, Personal Data for Processing pursuant to the Agreement.
Customer acknowledges and agrees that it, rather than CPA.com, is responsible for certain configurations and design decisions for the Services and that Customer, and not CPA.com, is responsible for implementing those configurations and design decisions in a secure manner that complies with Privacy Laws.

5. CCPA

For the purposes of this Section, “CCPA” means the California Consumer Privacy Act of 2018 as amended, including by the California Privacy Rights Act of 2020, and any regulations promulgated thereunder; and the terms “Consumer” and “Personal Information” will have the meanings ascribed to such term in the CCPA. The following terms and conditions apply solely to Personal Data Processed by CPA.com in the provision of the Services that is Personal Information subject to the CCPA:

Customer is making the Personal Information of Consumers available to CPA.com for the limited and specified purpose of enabling CPA.com to perform the forwarding of email services on behalf of Customer and other permitted purposes under the CCPA (the “Business Purposes”);
CPA.com will not: (i) retain, use or disclose the Personal Information (a) for any purpose other than the Business Purposes, or (b) outside of the direct business relationship between Customer and CPA.com; (ii) sell or share (as such terms are defined in the CCPA) the Personal Information; or (iii) combine the Personal Information with personal information received from or on behalf of another person, or collected from CPA.com’s own interactions with such individuals, unless permitted by the CCPA;
CPA.com will provide the same level of privacy protection to the Personal Information as is required by the CCPA and notify Customer if it determines that it can no longer meet applicable obligations under the CCPA;
Customer may, upon reasonable notice, take reasonable and appropriate steps to (i) ensure that CPA.com uses the Personal Information in a manner consistent with Customer’s obligations under the CCPA, and (ii) stop and remediate the unauthorized use of the Personal Information; and
CPA.com will notify Customer if it makes a determination that it can no longer meet applicable obligations under the CCPA with respect to the Personal Information.