Prime
Servers, Inc. agrees to furnish services to the Subscriber, subject to the
following TOS (Terms of Service).
Use
of Prime Servers, Inc. Service constitutes acceptance and agreement to the
Prime Servers, Inc. AUP as well as the Prime Servers, Inc. TOS (Terms of
Service).
All
provisions of this contract are subject to the TOS (Terms of Service) of Prime
Servers, Inc. and AUP (Acceptable Use Policy). The AUP may be changed from time
to time at the discretion of the Company. Subscriber understands that change to
the AUP by the Company shall not be grounds for early contract termination or
non-payment.
This
Agreement shall be construed in all respects in accordance with the laws of the
United States of America.
- Disclosure
to Law Enforcement: The AUP specifically
prohibits the use of our service for illegal activities. Therefore,
Subscriber agrees that the Company may disclose any and all subscriber
information including assigned IP numbers, account history, account use,
etc. to any law enforcement agent who makes a written request without
further consent or notification to the Subscriber. In addition, Prime
Servers, Inc. shall have the right to terminate all service set forth in
this Agreement.
- Service
Rates: Subscriber acknowledges that
the nature of the service furnished and the
initial rates and charges have been communicated to Subscriber. Subscriber
is aware that the Company may prospectively change the specified rates and
charges from time to time. The promotional offer is contingent upon
Company achieving and maintaining its cost of service goals including but
not limited to rates charged to company by its suppliers.
- Payment:
Establishment of this service is dependent upon receipt by the Company of
payment of stated charges. Subsequent payments are due on the anniversary
date of the month for that month's service.
- Payments
and Fees: Credit cards that are
declined for any reason are subject to a $1.00 declination fee. Service
will be interrupted on accounts that reach 25 days past due. Service
interrupted for nonpayment is subject to a reconnect charge in an amount
up to $200. Accounts not paid by due date are subject to a late fee in an
amount up to $100. Accounts that are not collectable by Prime Servers,
Inc. may be turned over to an outside collection agency for collection. If
your account is turned over for collection, you agree to pay the company a
"Processing and Collection" Fee of not less than $50 nor more
than $150. If you desire to cancel your account, please follow the proper
procedure to do this as outlined in this TOS.
- Refund
and Disputes: All monthly, three month payments, and bandwidth penalization fees
from overuse to Prime Servers, Inc. are nonrefundable. This includes the one time setup fee for a domain, if purchased, and
subsequent charges regardless of usage. Users who are in possession of six
month or yearly account payments will be refunded 40% of the product of
'months left * average cost per month'. All overcharges or billing
disputes must be reported within 60 days of the time the dispute occurred.
If you dispute a charge to your credit card issuer that, in Prime Servers,
Inc.’s sole discretion is a valid charge under the provisions of the TOS
and /or AUP, you agree to pay Prime Servers, Inc. an "Administrative Fee"
of not less than $50 and not more than $150. Users found in violation of
the AUP or TOS will not be refunded.
- Failure
to Pay: Prime Servers, Inc. may
temporarily deny service or terminate this Agreement upon the failure of
Subscriber to pay charges when due. Such termination or denial will not
relieve Subscriber of responsibility for the payment of all accrued
charges, plus reasonable interest and any collection fees.
- Account
Cancellation: All requests for canceling
accounts must be initiated by the client with at least 30 days notice but not more than 60 days.
- Injury/Loss:
Subscriber acknowledges that the service provided is of such a nature that
service can be interrupted for many reasons other than the negligence of
the company and that damages resulting from any interruption of service
are difficult to ascertain. Therefore, subscriber agrees that the company
shall not be liable for any damages arising from such causes beyond the
direct and exclusive control of the company. Subscriber further acknowledges
that the company's liability for its own negligence may not in any event
exceed an amount equivalent to charges payable by subscriber for services
during the period damages occurred. In no event shall the company be
liable for any special or consequential damages, loss or injury.
- New
Domain Accounts: All new webhosting accounts
involving new domains will be set up and entered into our DNS servers
within 3 to 5 business days. Due to unforeseen complications, however,
this process may sometimes require up to 7 business days. If the new
domain is registered by the account holder, there will be no handling fee.
If the domain is registered by Prime Servers, Inc. on behalf of the
account holder a handling fee will be incurred.
- Transfer
of Domains: New web hosting accounts
which involve the transfer of a domain from another provider to Prime
Servers, Inc. will require a minimum of five (5) days to be set up and
entered into our DNS servers. In some cases, such transfers may take up to
sixty (60) days. Due to the unpredictable nature of the transfer process,
no guarantees are made regarding the amount of time a specific transfer
may take.
- Support
Boundaries: Prime Servers, Inc., provides
24 x 7 technical support to our subscribers (except for few holidays and
short company meetings when we close our center.) We limit our technical
support to our area of expertise. The following is our guidelines when
providing support: Prime Servers, Inc. provides support related to your
server or virtual site physical functioning. Prime Servers, Inc. does not
offer tech support for application specific issues such as CGI
programming, html or any other such issue. Prime Servers, Inc. does not
provide technical support for YOUR users. If you can email, we encourage
you to email [email protected] for assistance. If you are able
to get online and have other questions, the answers may be on our home
page at https://portal.primeserversinc.com/knowledgebase.php. If the
'Resource Center' is unable to answer your question, then the Help files
in the program you are using may have the answer to your question so
please do investigate these resources before calling our tech support.
- SPAM
and Unsolicited Commercial Email (UCE): Prime
Servers, Inc. takes a zero tolerance approach to
the sending of Unsolicited Commercial Email (UCE) or SPAM over our
network. Very simply this means that customers of Prime Servers, Inc. may
not use or permit others to use our network to transact in UCE. Customers
of Prime Servers, Inc. may not host, or permit hosting of, sites or
information that is advertised by UCE from other networks. Violations of
this policy carry severe penalties, including termination of service.
- Violation
of Prime Servers, Inc.'s SPAM policy will result in severe penalties.
Upon notification of an alleged violation of our SPAM policy, Prime
Servers, Inc. will initiate an immediate investigation (within 48 hours
of notification). During the investigation, Prime Servers, Inc. may
restrict customer access to the network to prevent further violations. If
a customer is found to be in violation of our SPAM policy, Prime Servers,
Inc. may, at its sole discretion, restrict, suspend or terminate
customer's account. Further, Prime Servers, Inc. reserves the right to
pursue civil remedies for any costs associated with the investigation of
a substantiated policy violation. Prime Servers, Inc. will notify law
enforcement officials if the violation is believed to be a criminal
offense.
- First
violations of this policy will result in an "Administrative
Fee" of $500 and your account will be reviewed for possible
immediate termination. A second violation will result in an
"Administrative Fee" of $1,000 and immediate termination of
your account. Users who violate this policy agree that in addition to
these "Administrative" penalties, they will pay "Research
Fees" not to exceed $175 per hour that Prime Servers, Inc. personnel
must spend to investigate the matter. PLEASE, DO NOT SPAM from your
account.
- As
our Customers are ultimately responsible for the actions of their clients
over the Prime Servers, Inc. network, it is advisable that Customers
develop a similar, or stricter, policy for their clients.
- Network
- IP
Address Ownership: If Prime Servers, Inc. assigns Customer an Internet
Protocol address for Customer's use, the right to use that Internet
Protocol address shall belong only to Prime Servers, Inc., and Customer
shall have no right to use that Internet Protocol address except as
permitted by Prime Servers, Inc. in its sole discretion in connection
with the Services, during the term of this Agreement. Prime Servers, Inc.
shall maintain and control ownership of all Internet Protocol numbers and
addresses that may be assigned to Customer by Prime Servers, Inc., and Prime
Servers, Inc. reserves the right to change or remove any and all such
Internet Protocol numbers and addresses, in its sole and absolute
discretion. Our allocation of IP addresses is limited by ARIN's new
policies. These new policies state that use of IP addresses for IP based
virtual hosts will not be accepted as justification for new IP addresses.
What this means to you is that you MUST use name-based hosting where
possible. We will periodically review IP address usage, and if we find that
clients are using IP addresses where name-based hosting could be used, we
will revoke authorization to use those IP addresses that could be used
with name-based hosting.
- Bandwidth
and Disk Usage: Customer agrees that bandwidth and disk usage shall not
exceed the number of megabytes per month for the Services ordered by
Customer on the Order Form (the "Agreed Usage"). Prime Servers,
Inc. will monitor Customer's bandwidth and disk usage. Prime Servers,
Inc. shall have the right to take corrective action if Customer's
bandwidth or disk usage exceeds the Agreed Usage. Such corrective action
may include the assessment of additional charges, disconnection or
discontinuance of any and all Services, or termination of this Agreement,
which actions may be taken is in Prime Servers, Inc.'s sole and absolute
discretion. If Prime Servers, Inc. takes any corrective action under this
section, Customer shall not be entitled to a refund of any fees paid in
advance prior to such action.
- System
and Network Security: Users are prohibited from violating or attempting
to violate the security of the Prime Servers, Inc. Network. Violations of
system or network security may result in civil or criminal liability. Prime
Servers, Inc. will investigate occurrences, which may involve such
violations and may involve, and cooperate with, law enforcement
authorities in prosecuting Users who are involved in such violations.
These violations include, without limitation:
- Accessing
data not intended for such User or logging into a server or account,
which such User is not authorized to access.
- Attempting
to probe, scan or test the vulnerability of a system or network or to
breach security or authentication measures without proper authorization.
- Attempting
to interfere with service to any user, host or network, including,
without limitation, via means of overloading, "flooding",
"mail bombing" or "crashing".
- Forging
any TCP/IP packet header or any part of the header information in any
e-mail or newsgroup posting.
- Taking
any action in order to obtain services to which such User is not
entitled.
- Notification
of Violation:
- Prime
Servers, Inc. is under no duty to look at each customer's or user's
activities to determine if a violation of the AUP has occurred, nor do we
assume any responsibility through our AUP to monitor or police
Internet-related activities.
- First
violation: Any User, which Prime Servers, Inc. determines to have
violated any element of this Acceptable Use Policy, shall receive an
email, warning them of the violation. The service may be subject at Prime
Servers, Inc.'s discretion to a temporary suspension pending a User's
agreement in writing, to refrain from any further violations. A support
ticket will also be opened between the customer and Prime Servers, Inc.
to convey this information.
- Second
Violation: Users that Prime Servers, Inc. determines to have committed a
second violation of any element of this Acceptable Use Policy shall be
subject to immediate suspension or termination of service without further
notice.
- We
reserve the right, to drop the section of IP space involved in Spam or
Denial-of-Service complaints if it is clear that the offending activity
is causing great harm to parties on the Internet. In particular, if open
relays are on your network or a customer's network, or if denial of
service attacks are originating from your network. In certain rare cases,
we may have to do this before attempting to contact you. If we do this,
we will contact you as soon as is feasible.
- Suspension
of Service or Cancellation: Prime Servers, Inc. reserves
the right to suspend network access to any customer if in the judgment of
the Prime Servers, Inc. network administrators the customer's server is
the source or target of the violation of any of the other terms of the AUP
or for any other reason which Prime Servers, Inc. chooses. If
inappropriate activity is detected, all accounts of the Customer in question
will be deactivated until an investigation is complete. Prior notification
to the Customer is not assured. In extreme cases, law enforcement will be
contacted regarding the activity. The customer will not be credited for
the time the customer's machines were suspended.
- Amendments:
Prime Servers, Inc. reserves the right to amend its policies at any time.
All managed servers of Prime Servers, Inc. must adhere to the above
policies. Failure to follow any term or condition will be grounds for
immediate Cancellation. You will be held responsible for the actions of
your clients in the matter described on these Terms and conditions.
Therefore, it is in your best interest to implement a similar or stricter
Terms and conditions or otherwise called Acceptable Terms of use policy.
- Indemnification:
Prime Servers, Inc. wishes to emphasize that in agreeing to the Prime
Servers, Inc. Acceptable Use Policy (AUP) and Terms of Service (ToS), customer indemnifies Prime Servers, Inc. for any
violation of the Acceptable Use Policy (AUP) and Terms of Service (ToS) that results in loss to Prime Servers, Inc. or
the bringing of any claim against Prime Servers, Inc. by any third-party.
This means that if Prime Servers, Inc. is sued because of a customer's or
a customer of a customer's activity, the customer will pay any damages
awarded against Prime Servers, Inc., plus all costs and attorney's fees.
- Miscellaneous
Provisions: You must provide us with, and
keep current, good contact information for you. E-mail, fax, and telephone
contacts are used, in that order of preference.
- A
waiver by the Company of any breach of any provision of this Agreement by
Subscriber shall not operate as or be construed as a continuing or
subsequent waiver thereof or as a waiver of any breach of any other
provision thereof.
- Subscriber
shall not transfer or assign this Agreement without the prior written
consent of the Company. Company may assign Agreement at anytime without consent from or notice to Subscriber.
Company reserves right to cancel customers rights under this contract at anytime without further obligation.
- Prime
Servers, Inc. takes no responsibility for any material input by others
and not posted to the Prime Servers, Inc. Network by Vendors. Prime
Servers, Inc. is not responsible for the content of any other websites
linked to the Prime Servers, Inc. Network; links are provided as Internet
navigation tools only. Prime Servers, Inc. disclaims any responsibility
for any such inappropriate use and any liability to any person or party
for any other person or party's violation of this policy.
- Prime
Servers, Inc. is not responsible for any damages your business may
suffer. Prime Servers, Inc. does not make implied or written warranties
for any of our services. Prime Servers, Inc. denies any warranty or
merchantability for a specific purpose. This includes loss of data
resulting from delays, non-deliveries, wrong delivery, and any and all
service interruptions caused by Prime Servers, Inc..
- IRC:
Prime Servers, Inc. subscribers who use the "Shared Hosting"
option are not permitted to run IRC servers, IRC clients, or IRC bots. Due
to the anonymity of the Internet and ability to masquerade as a faux host,
IRC interaction is explicitly prohibited. Any user caught violating
this policy will immediately be removed from the server regardless
of past payment history, reputation, et al. Java-based IRC clients which
have a temporal life, such as a jIRC Java applet
to increase a viewer's role in the site are not inclusive of this policy.
Acceptable Use Policy
Prime
Servers, Inc.'s Acceptable Use Policy ("AUP") is provided to give our
customers and users a clear understanding of what Prime Servers, Inc. expects
of them while using the service. All users of Prime Servers, Inc.'s Internet
services: those who access some of our Services but do not have accounts, as
well as those who pay a service fee to subscribe to the Services, must comply
with this AUP and our TOS (Terms of Service).
Use
of Prime Servers, Inc. Service constitutes acceptance and agreement to Prime
Servers, Inc.'s AUP as well as Prime Servers, Inc.'s TOS (Terms of Service)
We
support the uncensored flow of information and ideas over the Internet and do
not actively monitor subscriber activity under normal circumstances. Similarly,
we do not exercise editorial control over the content of any web site, e-mail
transmission, newsgroups, or other material created or accessible over or
through the services, except for certain proprietary Web sites. However, in
accordance with our TOS (Terms of Service), we may remove any materials that,
in our sole discretion, may be illegal, may subject us to liability, or which
may violate this AUP. Prime Servers, Inc. may cooperate with legal authorities
and/or third parties in the investigation of any suspected or alleged crime or
civil wrongdoing. Your violation of this AUP may result in the suspension or
immediate termination of either your Prime Servers, Inc. account or other
actions as detailed in Section 3 WITHOUT PRIOR NOTICE.
This
document is intended to provide a basic understand of Prime Servers, Inc.'s
Acceptable Use Policy. The following are guidelines for the establishment and
enforcement of Prime Servers, Inc.'s AUP:
- Ensure
reliable service to our customers
- Ensure
security and privacy of our systems and network, as well as the networks
and systems of others
- Comply
with existing laws
- Maintain
our reputation as a responsible service provider
- Encourage
responsible use of the Internet and discourage activities which reduce the
usability and value of Internet services
- Preserve
the value of Internet resources as a conduit for free expression and
exchange of information
- Preserve
the privacy and security of individual users
The
Prime Servers, Inc. intends to provide its customers access to everything the
Internet has to offer. While the Prime Servers, Inc. is firmly committed to the
principles of free speech, certain activities that may be damaging to the
resources of both the Prime Servers, Inc. and the Internet and cannot be
permitted under the guise of free speech. The resources of the Prime Servers,
Inc. network and the Internet are limited, and abuse of these resources by one
user has a negative impact on the entire community.
We
do not routinely monitor the activity of accounts except for measurements of
system utilization and the preparation of billing records. However, in our
efforts to promote good citizenship within the Internet community, we will
respond appropriately if we become aware of inappropriate use of our service.
You
may not use your dedicated server or virtual site to publish material, which Prime
Servers, Inc. determines, at its sole discretion, to be unlawful, indecent or
objectionable. For purposes of this policy, "material" refers to all
forms of communications including narrative descriptions, graphics (including
photographs, illustrations, images, drawings, logos), executable programs,
video recordings, and audio recordings.
If
a Prime Servers, Inc. account is used to violate the Acceptable Use Policy or
our TOS, we reserve the right to terminate your service without notice. We
prefer to advise customers of inappropriate behavior and any necessary
corrective action, however, flagrant violations of the
Acceptable Use Policy will result in immediate termination of service. Our
failure to enforce this policy, for whatever reason, shall not be construed as
a waiver of our right to do so at any time.
As
a member of our network community, you must use your Internet access
responsibly. If you have any questions regarding this policy, please contact us
at [email protected].
VIOLATIONS OF Prime Servers, Inc.
ACCEPTABLE USE POLICY
The following constitute violations of this AUP:
- Illegal
use: Prime Servers, Inc.'s services
may not be used for illegal purposes, or in support of illegal activities.
Prime Servers, Inc. reserves the right to cooperate with legal authorities
and/or injured third parties in the investigation of any suspected crime
or civil wrongdoing.
- Harm to
minors: Use of the Prime Servers, Inc.
service to harm, or attempt to harm, minors in any way, including, but not
limited to child pornography.
- Threats:
Use of the Prime Servers, Inc. service to transmit any material (by
e-mail, uploading, posting or otherwise) that threatens or encourages
bodily harm or destruction of property.
- Harassment:
Use of the Prime Servers, Inc. service to transmit any material (by
e-mail, uploading, posting or otherwise) that harasses another.
- Fraudulent
activity: Use of Prime Servers, Inc.
service to make fraudulent offers to sell or buy products, items, or
services, or to advance any type of financial scam such as "pyramid
schemes," "ponzi schemes," and
"chain letters."
- Forgery
or impersonation: Adding, removing or modifying
identifying network header information in an effort to deceive or mislead
is prohibited. Attempting to impersonate any person by using forged
headers or other identifying information is prohibited. The use of
anonymous remailers or nicknames does not constitute impersonation.
- Unsolicited
commercial e-mail / Unsolicited bulk e-mail (SPAM):
Use of the Prime Servers, Inc. service to transmit any unsolicited
commercial or unsolicited bulk e-mail is expressly prohibited. Violations
of this type will result in the immediate termination of the offending
account.
- E-mail
/ News Bombing: Malicious intent to impede
another person's use of electronic mail services or news will result in
the immediate termination of the offending Prime Servers, Inc. account.
- E-mail
/ Message Forging: Forging any message header,
in part or whole, of any electronic transmission, originating or passing
through the Prime Servers, Inc. service is in violation of this AUP.
- Usenet
Spamming: Prime Servers, Inc. has a zero tolerance policy for the use of its network for
the posting of messages or commercial advertisements, which violate the
rules, regulations, FAQ or charter of any newsgroups or mailing list.
Commercial messages that are appropriate under the rules of a newsgroup or
mailing list or that are solicited by the recipients are permitted.
- Unauthorized
access: Use of the Prime Servers,
Inc. service to access, or to attempt to access, the accounts of others,
or to penetrate, or attempt to penetrate, security measures of Prime
Servers, Inc.'s or another entity's computer software or hardware,
electronic communications system, or telecommunications system, whether or
not the intrusion results in the corruption or loss of data, is expressly
prohibited and the offending Prime Servers, Inc. account is subject to
immediate termination.
- Copyright
or trademark infringement: Use of the Prime Servers,
Inc. service to transmit any material (by e-mail, uploading, posting or
otherwise) that infringes any copyright, trademark, patent, trade secret
or other proprietary rights of any third party, including, but not limited
to, the unauthorized copying of copyrighted material, the digitization and
distribution of photographs from magazines, books, or other copyrighted
sources, and the unauthorized transmittal of copyrighted software.
- Collection
of personal data: Use of the Prime Servers,
Inc. service to collect, or attempt to collect, personal information about
third parties without their knowledge or consent.
- Network
disruptions and unfriendly activity: Use
of the Prime Servers, Inc. service for any activity which affects the
ability of other people or systems to use Prime Servers, Inc. Services or
the Internet. This includes "denial of service" (DOS) attacks
against another network host or individual user. Interference with or
disruption of other network users, services or equipment is prohibited. It
is the Member's responsibility to ensure that their network is configured
in a secure manner. A Subscriber may not, through action or inaction, allow
others to use their network for illegal or inappropriate actions. A
Subscriber may not permit their network, through action or inaction, to be
configured in such a way that gives a third party the capability to use
their network in an illegal or inappropriate manner. Unauthorized entry
and/or use of another company and/or individual's computer system will
result in immediate account termination. Prime Servers, Inc. will not
tolerate any subscriber attempting to access the accounts of others, or
penetrate security measures of other systems, whether or not the intrusion
results in corruption or loss of data.
- Fraud:
Involves a knowing misrepresentation or misleading statement, writing or
activity made with the intent that the person receiving it will act upon
it.
- Infringement
of Copyright, Patent, Trademark, Trade Secret, or Intellectual Property
Right: Distribution and/or posting
of copyrighted or the aforementioned infringements will not be tolerated.
- Distribution
of Viruses: Intentional distributions of
software that attempts to and/or causes damage, harassment, or annoyance
to persons, data, and/or computer systems are prohibited. Such an offense
will result in the immediate termination of the offending account.
- Inappropriate
Use of Software: Use of software or any device
that would facilitate a continued connection, i.e. pinging, while using Prime
Servers, Inc.'s services could result in suspension service.
- Third
Party Accountability: Prime Servers, Inc.
subscribers will be held responsible and accountable for any activity by
third parties, using their account, that violates guidelines created
within the Acceptable Use Policy.
Security
You
are responsible for any misuse of your account, even if the inappropriate
activity was committed by a friend, family member, guest or employee.
Therefore, you must take steps to ensure that others do not gain unauthorized
access to your account. In addition, you may not use your account to breach
security of another account or attempt to gain unauthorized access to another
network or server.
- Your
password provides access to your account. It is your responsibility to
keep your password secure.
- Sharing
your password and account access with unauthorized users is prohibited.
You should take care to prevent others from using your account since you
will be held responsible for such use.
- Attempting
to obtain another user's account password is strictly prohibited,
and may result in termination of service.
- You
must adopt adequate security measures to prevent or minimize unauthorized
use of your account.
- You may
not attempt to circumvent user authentication or security of any host,
network or account. This includes, but is not limited to, accessing data
not intended for you, logging into or making use of a server or account
you are not expressly authorized to access, or probing the security of
other networks. Use or distribution of tools designed for compromising
security is prohibited. Examples of these tools include, but are not
limited to, password guessing programs, cracking tools or network probing
tools.
- You may
not attempt to interfere with service to any user, host or network
("denial of service attacks"). This includes, but is not limited
to, "flooding" of networks, deliberate attempts to overload a
service, and attempts to "crash" a host.
- Users
who violate systems or network security may incur criminal or civil
liability. Prime Servers, Inc. will cooperate fully with investigations of
violations of systems or network security at other sites, including
cooperating with law enforcement authorities in the investigation of
suspected criminal violations.
Network Performance
Prime
Servers, Inc. accounts operate on shared resources. Excessive use or abuse of
these shared network resources by one customer may have a negative impact on
all other customers. Misuse of network resources in a manner which impairs
network performance is prohibited by this policy and may result in termination
of your account.
You
are prohibited from excessive consumption of resources, including CPU time,
memory, disk space and session time. You may not use resource-intensive
programs which negatively impact other customers or the performances of Prime
Servers, Inc. systems or networks. Prime Servers, Inc. reserves the right to
terminate or limit such activities.
Voice Over Internet Protocol (VoIP Service)
Prime Servers, Inc. offers VoIP service connection. This service is goverened by the
VoIP Innovations Master Service Agreement. Any violations to the beforementioned agreement constitutes a violation of these terms of service. Violations or abuse of this service constitutes the right or Prime Servers, Inc. to terminate service after
notice to be delivered via email to primary address on record of customer.
REPORTING VIOLATIONS OF Prime
Servers, Inc. AUP
Prime
Servers, Inc. requests that anyone who believes that there is a violation of
this AUP direct the information to the Abuse Department at [email protected].
If
available, please provide the following information:
- The IP
address used to commit the alleged violation
- The
date and time of the alleged violation, including the time zone or offset
from GMT
- Evidence
of the alleged violation
E-mail [email protected]
with clear, un-obfuscated header information ensuring to provide all of the
above and any relevant system logs. Other situations will require different
methods of providing the above information. Prime Servers, Inc. may take any
one or more of the following actions in response to complaints:
- Issue
written or verbal warnings
- Suspend
the Member's newsgroup posting privileges
- Suspend
the Member's account
- Terminate
the Member's account
- Bill
the Member for administrative costs and/or reactivation charges
- Bring
legal action to enjoin violations and/or to collect damages, if any, cause
by violations
Domain Registration Agreement
NameSilo,
LLC
General
Terms and Conditions
This
Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of domain name registration and related services
("Services"). In this Agreement "you" and "your" refer to you and the registrant associated with
the WHOIS contact information for the domain name. "We",
"us" and "our" refers to NameSilo,
LLC.
- YOUR
AGREEMENT: By using the Services, you agree to all terms and conditions of
this Agreement, the UDRP (defined below) and any rules, policies, or
agreements published in association with specific Services and/or which
may be adopted or enforced by the Internet Corporation for Assigned Names
and Numbers ("ICANN"), any registry, or governments.
- CHANGES
TO THIS AGREEMENT: This Agreement may change over time, either through
amendments by us, changes to ICANN policy or applicable law which may or
may not be reflected in the text of this Agreement, or otherwise. Before
any material changes to this Agreement become binding on you (other than
changes resulting from a change in ICANN policy or applicable law), we
will notify you of such changes by, for example, sending email to you at
your email address of record, or by posting the changes on our web site.
If, as a result of such a change, you no longer agree with the terms of
this Agreement, your exclusive remedies are (a) to transfer your domain
name registration services to another registrar, or (b) to cancel your
domain name registration services with us. Your continued use of the
Services following notification of a change in this Agreement indicates
your consent to the changes. Unless otherwise specified by us, any such
change binds you: (1) 30 days after we notify you of the change, or (2)
immediately if such change is a result of a new or amended ICANN policy or
applicable law.
- YOUR
ACCOUNT: You must create an account to use the Services
("Account"). You are solely responsible for maintaining,
securing, updating, and keeping strictly confidential all login IDs and
passwords, and for all access to and use of your Account by you or any third
party.
- ACCOUNT
CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
- You
must provide certain current, complete and accurate information about
you with respect to your Account information and with respect to the
WHOIS information for your domain name(s). You must maintain and update
this information as needed to keep it current, complete and accurate.
You must submit the following with respect to you, the administrative,
technical, and billing contacts for your domain name registration(s) and
other Services: the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the Registered Name
Holder; name of authorized person for contact purposes in the case of an
Registered Name Holder that is an organization, association, or corporation;
and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8
of the 2013 ICANN RAA. The type of information you are required to
provide may change and you must provide such information and keep your
Account information current. Not providing requested information may
prevent you from obtaining all Services and you must update any such
information within seven (7) days of change.
- You
may provide information regarding the name-servers assigned to your
domain name(s). If you do not provide complete name-server information,
we reserve the right to supply this information (and point your domain
name to a website of our choosing) until such time as you elect to
supply the name-server information. Any newly registered domain names
will default to using our name-servers which will load our default
parking page, however, you have the ability to
provide new name-server information by logging into your account.
- OBLIGATIONS
RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
- If,
in obtaining Services, you provide information about or on behalf of a
third party, you represent and warrant that you have (a) provided notice
to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) obtained the third
party's express written or verbal consent to the disclosure and use of
that party's information as set forth in this Agreement.
- You
represent and warrant that the statements in your application are true
and that no Services are being procured for any unlawful purpose,
including but not limited to the infringement of any intellectual
property right, the unauthorized transfer to yourself or any other party
of any domain name or Services, or the violation of any laws, rules, or
regulations (the"Illegal Uses").
Providing inaccurate information and willful failure to update
information within seven (7) days of any change, or failure to respond
for over fifteen (15) days to inquiries concerning the accuracy of
contact details associated with your registration, failing to
immediately update information or engaging in any Illegal Uses will
constitute an incurable material breach of this Agreement. Your failure
to respond for over three (3) calendar days to inquiries by us
concerning the accuracy of Account and WHOIS contact information shall
constitute an incurable material breach of this Agreement.
- You
are responsible for regularly monitoring email sent to the email address
in your Account. You may lose your rights to the domain name(s) or your
right to receive the Services if you do not respond appropriately and
timely to an email sent in conjunction therewith.
- ACCESSING
YOUR ACCOUNT:
- In
order to change any of your Account or domain name WHOIS information,
you must access your Account with us. It is your duty to safeguard your
Account login identifier and password from any unauthorized use. Any
person in possession of your Account login identifier and password will
have both the ability and your authorization to modify your Account and
domain name information, initiate transfers of your domain name(s) to
other registrars, initiate registrant changes to your domain names which
may terminate your rights to use such domain name(s), update DNS changes
to your domain name(s) which may result in changes to the content
associated with your domain name(s) and take other actions which may
affect or terminate your rights and access to your domain name(s) and/or
the Services.
- We
will take reasonable precautions to protect the information we obtain
from you from loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information and such reasonable
precautions include procedures for releasing Account access information
to parties who claim to have lost Account access information. If we take
reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE
LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE
FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY
CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION
FOUND IN PARAGRAPH 13 BELOW IN THIS AGREEMENT.
- If
you contact us alleging that a third party has unauthorized access to
your Account or domain names, we may charge you administrative fees,
currently set at $100 (US dollars) per hour, for our time spent in
relation to the matter, regardless of whether or not we return control
over the Account and/or domain name(s) to you. You will indemnify us for
any reasonable attorneys' fees and costs we may incur in relation to the
matter, even if those fees and costs accrue as a result of defending an
action, or responding to a threat of an action, initiated by You or a
third party.
- You
have the ability to create Sub-User accounts as well. These Sub-User
accounts allow the people you designate to access certain functionality,
including those listed in section c(i) above. You have the option of
configuring each Sub-User account to have access to any stored payment
profiles as well as to set an expiration date representing the
revocation of that Sub-User's ability to access your account. You are
entirely responsible for any changes requested or made by any Sub-Users
you create, and in no event will we be responsible for any undesirable
impact to you as a result of any such changes.
- You
are responsible for ensuring your beneficiaries have appropriate access
to your NameSilo account(s) in the event of
your death or disability. We strongly encourage all account holders to
treat their domains like other important assets and to therefore
implement a plan of succession upon their inability to access their
account. Failure to make the necessary provisions to ensure your
beneficiaries have access to your applicable NameSilo
account(s) before your death or disability may make accessing your
account (including, but not limited to, account funds balance, domain
names and sale proceeds) impossible. Please be sure to also consider
optional account security usage such as 2-Factor Authentication and
Domain Defender. It is also very important that your account information
match documentation we may receive in the event of your death such as a
death certificate. While we may attempt to work with your beneficiaries
to gain access to your account and associated account assets, this is at
our sole discretion. It is very difficult in many cases to prove
important issues concerning the rightful access to accounts by
beneficiaries, and our first priority is the privacy and security of our
account holders. In the event we are able to work with a beneficiary to
grant account access, we reserve the right to lock domains for a period
of time to be solely determined by us. This lock may include, among
other things, preventing changes, preventing transfer to a different
registrar and preventing transfer to a different account.
- SHARING
OF WHOIS INFORMATION:
- We will make available the
domain name registration information you provide or that we otherwise
maintain to the following parties: ICANN, any ICANN-authorized escrow
service, the registry administrator(s), and to other third parties as
ICANN, registry administrators and applicable laws may require or permit
(including through web-based and other on-line WHOIS lookup systems),
whether during or after the term of your domain name registration
services of the domain name. You irrevocably waive any and all claims
and causes of action you may have arising from such disclosure or use of
such information. We may make publicly available, or directly available
to third parties, some, or all, of the information you provide, for
purposes of inspection (such as through our WHOIS service) or for
targeted marketing and other purposes as required or permitted by
applicable laws, including by way of bulk WHOIS data access provided to
third parties who enter into a bulk WHOIS data access agreement with us.
We reserve the right to discontinue providing bulk WHOIS data access to
third parties.
- ICANN may establish or modify
the guidelines, limits and/or requirements that relate to the amount and
type of information that we may or must make available to the public or
to private entities, and the manner in which such information is made
available. Information regarding ICANN's guidelines and requirements
regarding WHOIS can be found at
http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN
website at http://www.icann.org/.
- You consent to the data
processing referred to above.
- We will not process the
Personal Data collected from you in a way incompatible with the purposes
and other limitations about which we provided notice to you within our
terms.
- OUR
SERVICES:
- DOMAIN
NAME REGISTRATION.
- We are accredited registrars
with ICANN for generic Top Level Domain Names
("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees
registrations and other aspects of the gTLDs. Domain name registrations
are not effective until the registry administrator puts them into
effect. Domain name registrations are only for limited terms which end on
the expiration date. For domain names which are created as a new
registration out of the pool of available domain names, the term begins
on the date the domain name registration is acknowledged by the
applicable registry. For domain name registrations which were not
returned to the pool of available domain names, the term begins on the
date the previous registrant's domain name registration was acknowledged
by the applicable registry.
- We are not liable or
responsible in any way for any errors, omissions or any other actions by
the registry administrator arising out of or related to a request to
register, renew, modify the settings for, or transfer of a domain name
registration. You acknowledge that domain name registration is a
service, domain name registrations do not exist independently from
services provided pursuant to this or a similar registration agreement
with a registrar, domain name registration services do not create a
property interest and you have no such property interest in any domain
name(s) which you may register with us.
- NOT
INCLUDED IN THE DOMAIN NAME REGISTRATION SERVICES:
- We are not responsible to
determine whether the domain name(s) you select, or the use you or others
make of the domain name(s), or other use of the Services, infringes
legal rights of others. It is your responsibility to know whether or not
the domain name(s) you select or use or allow others to use infringe
legal rights of others.
- We might be ordered by a
court or arbitrator to cancel, modify, or transfer your domain name; it
is your responsibility to list accurate contact information in
association with your Account and to communicate with litigants,
potential litigants, and governmental authorities. It is not our
responsibility to forward court orders or other communications to you.
Our policy is to comply with court orders from courts of competent
jurisdiction as well as UDRP Panel decisions. If you contact us
informing us that you are contesting a court order from a court of
competent jurisdiction, we may, but are not obligated to, place a
transfer lock on the domain name pending the outcome of the dispute. If
you contact us informing us that you are contesting an adverse UDRP
Panel decision, your time limits and procedures to do so are subject to
the requirements set forth in the UDRP. We may, but are not obligated
to, delay implementation of a UDRP Panel decision based solely on your
informing us that you intend to contest the decision.
- WHOIS
PRIVACY: We offer a privacy service which substitutes your information
with our default information within WHOIS. In the event that you select
to utilize this WHOIS Privacy service for one or more of your domains,
the following applies:
- The information you submit
related to the various domain roles (registrant, administrative,
technical and billing) will remain associated with the domain at all
times. We make no claims to the ownership or management of your domains
when selecting to use our WHOIS Privacy service.
- The terms of this Agreement
related to your responsibilities to maintain the accuracy of your
contact information are not altered or waived due to your use of this
service.
- We will provide information
to WHOIS at our discretion which will hide your information. This
information may reference a WHOIS privacy service other than our name.
- You authorize us, or the
party referenced in the WHOIS record for your domains utilizing this
service, to discard any and all postal mail and electronic mail addressed
to the address provided in WHOIS. We are not responsible for forwarding
any correspondence directed to your domain names. We will provide a
mechanism for entities to make contact with you via a web page that will
be referenced in the private WHOIS records. It is entirely at our
discretion to forward none, some or all of the correspondence directed
to you. We also provide a mechanism for you to enter the email address
you would like to use to receive email addressed to the email address in
WHOIS for your private domains. We will use our best efforts to forward
any such email to the address you provide, but we make no guarantee that
we will be able to do so. You agree to provide an email address that
complies with the rest of our terms or terms imposed by ICANN or the
respective domain registries.
- You represent and warrant
that your use of the WHOIS privacy service will be in good faith and
that none of the content found on any web sites or IP addresses
associated with domains utilizing the WHOIS privacy service infringes
upon the legal rights of any third-party (including, but not limited to,
any third-party's trademark, trade name or copyrighted material), and
that none of the content is, or is connected to, terrorism,
impersonation of a third-party, illegal activities or the transmission
of spam, viruses, trojan horses or any other harmful routine or data.
- WHOIS privacy is not
available for .us domains.
- The "AGENTS AND
LICENSES" policies covered below also apply to your use of WHOIS
Privacy.
- We reserve the right in our
sole judgment to suspend, terminate and/or disclose your personal
information in the event that any of the following occur:
- Any provision of this Agreement is breached
- If necessary to comply with
applicable laws, subpoenas, court orders, a UDRP action or action
initiated by any other entity with appropriate jurisdiction
- If we deem that continuing to provide WHOIS privacy
services places us in any jeopardy of of harm
including financial loss or legal liability on our behalf or on the
behalf of any of our partners, affiliates, employees or managers
- If we believe you have not completely abided by your
representations and warranties listed in this Agreement
- In the event that we or a
third-party believe you to be infringing upon any part of this
Agreement, we will contact you at the email address associated with your
account. It is your responsibility to reply to any such communication
within three (3) days. We are not responsible for any failure to deliver
any such notification as things beyond our control may occur that could
prevent delivery. If you fail to reply within the given time frame, or
if, in our sole judgment, we believe your reply does not adequately
address the points raised in our email, we reserve the right to
immediately release your contact information and to suspend or terminate
the WHOIS privacy service. This would result in your information being
made available via WHOIS. You further agree that we disclaim any
liability arising out of undertaking this action and any direct or
indirect consequences experienced as a result of releasing your
information or suspending or terminating the WHOIS privacy service.
- In addition to all other
indemnity clauses in this Agreement, you agree to defend, release, and
indemnify us, ICANN, the registry operators as well as any of our
employees, agents, affiliates, partners and managers for any third-party
claims arising out of your usage of the WHOIS privacy services.
- PARKED
DOMAINS: We offer a service to park your domains. In choosing to park your
domains with us, we will create and host a mini-site
that will be displayed any time there is a visitor to your domain. Any
domains that you park with us will automatically have their nameservers
adjusted to our default settings, so please make sure you understand that
any then-existing services for your domains prior to the nameserver
change will stop functioning.
Ads will be displayed on your parked mini-sites.
You will have the opportunity to have ads inserted from your advertising
account which will allow you to keep 100% of that advertising revenue. If you
fail to configure one or more of the available ad slots, we will have the
option of serving our own ads which will entitle us to all of those advertising
proceeds.
You will also be able to configure your parked pages to
include your own content as well as content that we make available. Parking
your domains with us implies your acceptance of the following points:
- You will not add any
profanity, copyrighted content, or anything else, which in our sole
discretion, is harmful, profane or illegal.
- We reserve the right to
remove or modify your parked domain status or any content on your parked
mini-sites at any time and for any reason.
Although not obligated to do so, in such an event we will make a
reasonable effort to contact you to let you know about our decision and
to either give you time to change the offending content, or to make
other plans for the use of your domain name.
- DOMAIN
DEFENDER: We offer a service called Domain Defender which you can
optionally enable for your account. This service allows you to add extra
security to your account by selecting supplemental security questions and
associated answers that must be answered before making changes through
your account. Additionally, you can configure the service to optionally
send you e-mail and/or text messages upon the completion of certain
changes to your domains. Your use of this service is entirely optional,
but, if you choose to enable the service, the following applies:
- We make NO CLAIM that use of
the service will prevent misuse of your account or unintended changes to
your domains. Your responsibilities within this Agreement to secure your
account are still in force.
- If you select to receive text
message notifications, you understand that all messaging rates imposed
by your carrier will apply.
- We are not responsible for
any notifications that you do not receive, including but not limited to,
emails that are caught in an anti-spam system and text messages not
delivered by your carrier.
- Even with this service
enabled, we still highly recommend locking all of your domains.
- SERVICES
PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
- We
may reject your domain name registration application or elect to
discontinue providing Services to you for any reason within 30 days of a
Service initiation or a Service renewal. Outside of this period, we may
terminate or suspend the Services at any time for cause, which, without
limitation, includes (i) registration of prohibited domain name(s), (ii)
abuse of the Services, (iii) payment irregularities, (iv) illegal
conduct, (v) failure to keep your Account or WHOIS information accurate
and up to date, (vi) failure to respond to inquiries from us for over
three (3) calendar days, (vii) if your use of the Services involves us in
a violation of any third party's rights or acceptable use policies,
including but not limited to the transmission of unsolicited email, the
violation of any copyright, or the distribution of any form of malware
(defined to include, without limitation, malicious code or software that
might affect the operation of the Internet), (viii) to comply with any
applicable court orders, laws, government rules or requirements, requests
of law enforcement or other governmental agency or organization, or any
dispute resolution process, (ix) to avoid any liability, civil or
criminal, on the part of us, as, well as its affiliates, subsidiaries,
officers, directors, and employees, (x) to protect the integrity, security
and stability of the Domain Name system (DNS), or (xi) failure to respond
to inquiries from us regarding payment inquiries for over 24 hours.
Prohibited domain names and illegal activities which may be
subject to these provisions include, but are not limited to:
- Domains and web sites
prohibited by the laws of the United States and/or foreign territories
in which you conduct business
- Domains and web sites
designed to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography
- Domains and web sites that
are tortious or invasive of the privacy of a third party
- Domains and web sites
designed to harm or use unethically minors in any way
- Domains and web sites
engaging in, promoting or facilitating phishing attacks
- Domains and web sites
involved in the transmission of unsolicited email
- Domains and web sites
involved in unauthorized repetitive, high volume inquires
into any of the services provided by us or a third-party
- Domains and web sites
involved in copyright and/or trademark infringement
- Domains transferred illegally
from a different registrar without the previous Registrant's knowledge
REFUNDS WILL NOT BE ISSUED IF YOUR SERVICES ARE SUSPENDED
FOR CAUSE PER THIS AGREEMENT.
THERE ARE ABSOLUTELY NO REFUNDS FOR BITCOIN PURCHASES.
If we determine that your account is engaged in repeated
abuse of this Agreement then we may elect to terminate
your entire account and all domains within your account.
- You
may cancel any domain registration (other than domains registered via
drop-catching) with us within three (3) days of purchase for a full
refund (minus any applicable transaction fees). You may cancel at any
time after the three-day period, but no refund will be issued. To cancel
a domain name, please log in to your account and visit the Order History
page. Your refund will be issued back to the method of payment used to
make the registration purchase. The total refund amount may be reduced by
any transaction fees that we incurred as part of the initial transaction
and/or the issuance of the refund. All refunds will go back to the source
of the transaction.
Important note regarding domain registration refunds. At our sole
discretion, we may choose not to issue a domain registration refund if we
believe you to be engaged in "domain tasting" or some other
activity resulting in an abnormal number of cancellations. More
specifically, if, in our sole discretion, we believe you to be engaged in
a high volume or irregular number of registrations and subsequent
cancellations, we may opt not to refund your money. In the event
we believe you to be engaged in such activity, we will make an effort to
issue one warning via email to you prior to disallowing further refunds
for your account, but we are not obligated to do so.
- You
may cancel domain renewals (other than renewals associated with Expired
Domain Auctions) with us within three (3) days of purchase for a full
refund (minus any applicable transaction fees). If you transfer your
domain within 45 days of a domain renewal, you may not be entitled to a
refund and you may also not receive any extended registration time on
your domain. ALL DOMAIN RENEWAL CANCELLATIONS, OTHER THAN CERTAIN
AUTOMATIC RENEWALS, WILL RESULT IN YOUR DOMAIN BEING DELETED AND PLACED
INTO THE REDEMPTION PERIOD AT THE REGISTRY. THIS MEANS THAT YOU WILL NOT
BE ABLE TO RENEW THE DOMAIN WITH US WITHOUT PAYING FOR A RESTORATION, OR
POSSIBLY NOT AT ALL. IF YOU HAVE TIME REMAINING ON YOUR REGISTRATION IT
WILL BE SACRIFICED IN TOTAL WHEN RECEIVING A RENEWAL REFUND.
Important note regarding domain renewal refunds. At our sole
discretion, we may choose not to issue a domain renewal refund if your
cancellation rate surpasses the ratios set by our system.
- Sorry,
but refunds are not available for restorations, completed transfers, Sedo premium domains, Afternic
premium domains, domain auctions and marketplace purchases or Bitcoin
purchases.
- If
we terminate or suspend the Services provided to you under this
Agreement, we may then, at our option, make either ourselves or a third
party the beneficiary of Services which are substantially similar to
those which were previously provided to you. If we have grounds to
terminate or suspend Services with respect to one domain name or in
relation to other Services provided through your Account, we may
terminate or suspend all Services provided through your Account. No fee
refund will be made when there is a suspension or termination of Services
for cause.
- At
any time and for any reason, we may terminate the Services thirty (30)
days after we send notice of termination via mail or email, at our
option, to the WHOIS contact information provided in association with
your domain name registration. Following notice of termination other than
for cause, you must transfer your domain name within such thirty (30) day
notice period or risk that we may delete your domain name, transfer the
registration services associated with your domain name to ourselves or a
third party, or suspend or modify Services related to your domain name.
If we terminate Services for a reason other than cause, we will provide a
pro-rata refund of your fees.
- Your
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure now in affect or which may come into affect at a later date, by any registrar or
registry administrator procedures approved by an ICANN-adopted policy or
any policy adopted by any ccTLD registry or governing body, to correct
mistakes by us, another registrar or the registry administrator in
administering the domain name or for the resolution of disputes
concerning the domain name or as a result of any government decree, rule,
law or regulation. This includes, but is not limited to, ICANN's WHOIS
ACCURACY PROGRAM SPECIFICATION which requires that we deactivate any domains
for which we have not received verification of Registrant email address
within 15 days of notification.
- FEES:
You agree to pay, prior to the effectiveness of the desired Services, the
applicable Service fees set forth during the registration process or
otherwise communicated to you by us. In the event any of the fees for
Services change, we will use reasonable efforts to give you thirty (30)
days prior notice of such a change. All fees are non-refundable, in whole
or in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration term,
unless this Agreement specifically provides for a refund. At our option,
we may require that you pay fees through a particular payment means (such as
by credit card or by wire transfer) or that you change from one payment
provider to another.
PREMIUM DOMAINS:
Please note that it is possible that the pricing shown on our web site's
pricing or search results pages may not be the actual price for a registation, transfer or renewal. This happens when the
registry for a domain determines that a specific domain is a "premium
domain". If this happens, our system will notify you and update the
pricing in your shopping cart as soon as the domain is added. We recommend
always checking the price in the shopping cart when adding to or changing your
order.
- PAYMENT
ISSUES: In the event of a charge back, or if we have belief in an imminent
charge back, by a credit card company, credit card holder, or similar
action by another payment provider, including, but not limited to PayPal, Payza or Skrill investigations, allowed by us in
connection with your payment of fees for any Services, we may suspend
access to any and all Accounts you have with us and all interests in and
use of any domain name registration services. We may cancel any order(s)
associated with anything covered in this section, but
may not provide a refund. We may reinstate your rights to and control over
these Services solely at our discretion, and potentially subject to our
receipt of the unpaid fees and our then-current reinstatement fee as
otherwise communicated to you by us. If you have an issue with credit card
or other payment charges, you should contact us regarding the issue before
you contact your credit card or other payment process company to request a
charge back or reversal of the charges.
- EXPIRATION
AND RENEWAL OF SERVICES: It is your responsibility to keep your own
records and to maintain your own reminders regarding when your domain name
registration or other Services are set to expire and to maintain current
and accurate credit card information should any Services be placed on
"auto-renew." As a convenience to you, and not as a binding
commitment, we may notify you via an email message or via your Account
when renewal fees are due. Should these fees go unpaid, your Services will
expire or be cancelled. Payment must be made by credit card, account
funds, Paypal, or such other method as we may
allow or require from time to time. If you select automatic renewal of the
Services, we may attempt to renew the Services a reasonable time before
expiration, provided your billing information is available and up to date.
It is your responsibility to keep your billing information up to date and
we are not required to, but may, contact you to update this information in
the event that an attempted transaction is not processed successfully.
- EXPIRATION
OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the
term of domain name registration services and before deletion of the
domain name in the applicable registry's database, we may stop publishing
zone files for your domain, direct the domain name to name-servers and IP
address(es) designated by us, including, without limitation, to no IP address
or to IP address(es) which host a parking page or a commercial search
engine that may display advertisements, and we may either leave your WHOIS
information intact or we may change the contact information in the WHOIS
output for the expired domain name so that you are no longer the listed
registrant of the expired domain name.
- Reactivation
Period Process. For a period of approximately 30 days after expiration of
the term of domain name registration services, we may provide a procedure
by which expired domain name registration services may be renewed. We
may, but are not obligated to, offer this process, called the
"reactivation period." You assume all risks and all
consequences if you wait until close to or after the expiration of the
original term of domain name registration services to attempt to renew
the domain name registration services. We may, in our sole discretion,
choose not to offer a reactivation period and we shall not be liable therefore. The reactivation period renewal
process, if any, may involve additional fees which we will solely
determine. We may make expired domain name services(s) available to third
parties, we may auction off the rights to expired domain name services,
and/or expired domain name registration services may be re-registered to
any party at any time.
- You
can find our renewal pricing on our pricing page
- You
can find our restoration/redemption pricing and our schedule to deliver
pre- and pos-expiraiton notifications on our expiration
process page
- If
you select to deactivate your domain name, we reserve the right to place
any such deactivated domain names into our expired domain marketplace
upon expiraiton. As with all expired domain
marketplace sales, you will not receive any compensation if the domain
sells.
- After
the reactivation period, we may:
- Discontinue
the domain name registration services at any time thereafter without
notice. In which case, certain registry administrators may provide
procedures by which discontinued domain name registration services may
nonetheless be renewed. We may, but are not obligated to, participate in
this process, typically called the "Redemption Grace Period"
("RGP"). We may, in our sole discretion, choose not to
participate in the RGP process with respect to any or all of your domain
name registration services and we shall not be liable
therefore. If available, RGP typically ends between 30 and 42 days after
the end of the reactivation period of the domain name services. We are
not obliged to contact you to alert you that the domain name
registration services are being discontinued; or
- Pay
the registry's registration fee or otherwise provide for the registration
services to be continued. In which case, we may then set the
name-servers and the DNS settings for the domain name services, we may
set the DNS to point to no IP address or to IP address(es) which host
parking page(s) or a commercial search engine that may display paid
advertisements, and we may change the contact information in the WHOIS
output for the expired domain name so that you are no longer the listed
registrant of the expired domain name. We do not have to pay you any of
the proceeds we may earn as a result. We are not obliged to contact you
to alert you that the domain name registration services are being
continued. The domain name will be designated as being in the extended
redemption grace period ("ERGP"), and you will be allowed to
assume, during the first 120 days of the then extant registration term,
complete management of the domain name services, including the right to
control the DNS settings, provided that you pay the fees we set forth
plus any registration fees. After the end of the 120-day period, if you
do not exercise your rights under this provision, you have abandoned the
domain name services, and relinquish all interests and use of the domain
name services; or
- Auction
the domain name to a third party which entails transferring the domain
name registration services to such third party. In which case, the third
party who won the auction for the domain name services will become the
new Registrant of the domain name, and you will lose any claim to that
domain. In the event we auction your domain and assign it to a
third-party, we may, but are not required to, inform you that such a
transition has occurred. You can find our domain expiration process
listed on our web site, and it remains your responsibility to renew your
domain names on time to avoid losing them.
- TRANSFERS:
- Transfer
of your domain name(s) services shall be governed by ICANN's transfer
policy, available at http://www.icann.org/transfers/, including the
Registrar Transfer Dispute Resolution Policy, available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en
as well as the UDRP as described in the Dispute Resolution Policy of this
Agreement, as these policies may be modified from time to time. To
transfer your domain name(s) you should first login to your Account to
lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain
services in an EPP registry (such as .org). Only the registrant and the
administrative contacts listed in the WHOIS information may approve or
deny a transfer request. Without limitation, domain name services may not
be transferred within 60 days of initial registration, within 60 days of
a transfer, if there is a dispute regarding the identity of the domain
name registrant, if you are bankrupt, or if you fail to pay fees when
due. We will follow the procedures for both gaining and losing registrars
as outlined in ICANN's transfer policies. A transfer will not be
processed if, during this time, the domain name registration services
expire, in which event you may need to reinstate the transfer request
following a redemption of the domain name, if any. You may be required to
resubmit a transfer request if there is a communication failure or other
problem at either our end or at the registry. YOU ASSUME ALL RISK FOR
FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED
CLOSE TO THE END OF A REGISTRATION TERM.
- We
may place a "Registrar Lock" on your domain name services and
this will prevent your domain name services from being transferred
without your authorization, though we are not required to do so. By
allowing your domain name services to remain locked, you provide express
objection to any and all transfer requests until the lock is removed.
- You
may cancel incoming transfer requests at any time before they are
completed up to 59 calendar days from the initial transfer order.
Canceling a transfer request will entitle you to a refund of the transfer
cost, minus processing fees. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU
CANCEL YOUR TRANSFER REQUEST AFTER THE 59 DAY TIME LIMIT.
- In
the event we receive a request from a different registrar to transfer
your domain away, you may be presented with an option to approve the
transfer without waiting the standard 5-7 days for registry release. Any
such approval grants us the right to approve the transfer immediately. We
also reserve the right to approve outbound transfers at any time during
the transfer process. In the event either you or we approve an outbound
transfer, the transfer will complete within 15 minutes.
- Certain
transfers may not be eligible for the 1-year extension associated with
most transfers. For example, domains renewed within 45 days of transfer
or domains already registered for more than 9 years will not get extended
by a year upon transfer completion. Registries apply the extra year,
registrars do not. Therefore, if the registry is unable to extend the
expiration by a year, then one year will not be added to your domain
transfer.
- DNS
SERVICES: The Domain Name System (DNS) is a hierarchical naming system
built on a distributed database for computers, services, or any resource
connected to the Internet or a private network. It associates various
information with domain names assigned to each of the participating
entities. Most importantly, it translates domain names meaningful to
humans into the numerical identifiers associated with networking equipment
for the purpose of locating and addressing these devices worldwide.
As a convenience to our customers, we offer DNS hosting
service with all domain registrations. Use of this service is entirely
optional. You may opt to use another DNS service provider at any time by
associating different authoritative name servers with the applicable domains as
needed. By using the DNS service we offer, you hereby
acknowledge and agree to the following:
- DNS
is a critical service responsible for all facets of domain use. Incorrect
configuration of DNS as it relates to your domains can lead to problems
such as:
- Web
site(s) not loading
- Email
can stop working
- You
should only make DNS modifications if you fully understand the
implications of doing so, understand how DNS works, have the technical
expertise to verify the modifications were propagated properly to the
associated authoritative name servers, and are prepared to fully test the
impact of the modifications as soon as they take effect.
- We
make absolutely no guarantee whatsoever related to the DNS hosting
service. If you need a service level agreement guaranteeing minimum performance
or reliability levels, you should use a different DNS service provider
who offers such guarantees.
- DNS
is a globally distributed database with many interconnected components -
the vast majority of which are NOT directly or indirectly under our
control. Problems can occur anywhere in the system.
- Many
of the distributed nodes in DNS, commonly referred to as recursive
resolvers, cache DNS resource records for the time recommended by our
authoritative name servers (controlled via the TTL value), or for any
amount of time they are configured to do so (they can ignore our
recommended time). As a result, changes made to DNS records through us
will not immediately propagate to your local systems - the delay can be
as long as the maximum TTL setting on the associated records, or longer.
- We,
at our sole discretion, reserve the right to provide additional support for
DNS related matters, or no support at all.
- Upon
domain deletion, domain expiration, transfer of a domain (away from us),
and/or the cancellation/termination/suspension/deletion of your
account(s), DNS service for the associated domain(s) and/or account(s)
will be terminated. It is entirely your responsibility to make
alternative DNS service arrangements prior and/or after termination of
DNS service as needed if said termination could affect you in any way.
- We,
at our sole discretion, reserve the right to make any changes to DNS
records we deem necessary to protect the stability of our system.
DNS Service Disclaimer of Warranty
THERE IS NO WARRANTY FOR THE DNS SERVICE, TO THE EXTENT
PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE
THE DNS SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER
EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF
MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE
QUALITY AND PERFORMANCE OF THE DNS SERVICE IS WITH YOU. SHOULD THE DNS SERVICE
PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
CORRECTION.
DNS Service Indemnification
We use the systems of a third party, DNSOwl.com, to provide
all DNS services. You agree to indemnify, defend and hold harmless DNSOwl.com,
and its directors, officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to your domains
and/or any DNS related matter.
- OWNERSHIP
OF INFORMATION AND DATA: We own all database, compilation, collective and
similar rights, title and interests worldwide in our domain name database,
and all information and derivative works generated from the domain name
database. We own the following information for those registrations for
which we are the registrar: (a) the original creation date of the
registration, (b) the expiration date of the registration, (c) the name,
postal address, e-mail address, voice telephone number, and where
available fax number of the registrant and all contacts for the domain
name registration, (d) any remarks concerning the registered domain name
that appear or should appear in the WHOIS or similar database, and (e) any
other information we generate or obtain in connection with the provision
of Services, other than the domain name being registered, the IP addresses
of the primary nameserver and any secondary nameservers for the domain
name, and the corresponding names of those nameservers. We do not have any
ownership interest in your specific personal registration information
outside of our rights in our domain name database.
- AGENTS
AND LICENSES: If you are registering a domain name for or on behalf of someone
else, you represent that you have the authority to bind that person as a
principal to all terms and conditions provided herein. If you license the
use of a domain name you register to us or a to third party, you remain
the domain name holder of record, and remain responsible for all
obligations at law and under this Agreement, including but not limited to
payment obligations, and providing (and updating, as necessary) both your
own full contact information, and accurate technical, administrative, billing
and zone contact information adequate to facilitate timely resolution of
any problems that arise in connection with the domain name and domain name
registration and for ensuring non-infringement of any third party
intellectual property rights. You further agree to accept liability for
harm caused by wrongful use of the Registered Name, unless you disclose
the current contact information provided by the licensee and the identity
of the licensee within seven (7) days to a party providing the Registered Name
Holder reasonable evidence of actionable harm.
You authorize us to serve as your "Designated
Agent" permitting us to approve any "Change of Registrant". The
terms "Designated Agent" and "Change of Registrant" used in
this Section are defined in the ICANN transfer policy seen here. Due to your authorization for us
to serve as your "Designated Agent", Registrants will not need to
receive an email concerning the change, and will also
not need to confirm the change via email. We will instead auto-approve any
"Changes of Registrant". You further explicity
opt-out of an inter-registrar transfer lock as would otherwise have been
required per the ICANN transfer policy linked to above.
- LIMITATION
OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE
SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR
INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU
EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR
LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h)
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY.
WE WILL NOT BE LIABLE FOR 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 AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY
BE GREATER THAN $200.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE
EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
- INDEMNITY:
You hereby release, indemnify, and hold us, ICANN, the registry operators
(including, but not limited to VeriSign, Inc), as well as the contractors,
agents, employees, officers, directors, shareholders, and affiliates of
such parties harmless from and against any and all liabilities, claims,
damages, costs and expenses, including reasonable attorneys' fees and court
costs, for third party claims relating to or arising under this Agreement,
including any breach of any of your representations, warranties, covenants
or obligations set forth in this Agreement, the Services provided
hereunder (including, but not limited to WHOIS privacy), or your use of
the Services, including, without limitation, infringement by you, or by
anyone else using the Services, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any of
our or ICANN's operating rules or policies relating to the Services
provided. We may seek written assurances from you in which you promise to
indemnify and hold us harmless from the costs and liabilities described in
this paragraph. Such written assurances may include, in our sole
discretion, the posting of a performance bond(s) or other guarantees
reasonably calculated to guarantee payment. Your failure to provide such
assurances may be considered by us to be a breach of this Agreement by you
and may, in our sole discretion, result in loss of your right to control
the disposition of domain name Services for which you are the registrant
and in relation to which we are the registrar of record. This
indemnification is in addition to any indemnification (a) required under
the UDRP or any other ICANN policy or any policy of any relevant registry;
or (b) set forth elsewhere in this Agreement.
- REPRESENTATIONS
AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF
A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED
NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD
PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE
INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE
SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND
ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE
SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS"
AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION
AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY
LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN
NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE
FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM
THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR
ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW
THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
- DISPUTE
RESOLUTION POLICY: You are bound by all ICANN consensus policies and all
policies of any relevant registry, including but not limited to the
Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is
available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and
http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and
all Supplemental Rules of any UDRP provider. The UDRP may be changed by
ICANN (or ICANN's successor) at any time. If the registration or
reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified in the UDRP in effect at the time
your domain name registration is disputed by the third party. In the event
a domain name dispute arises with any third party, you will indemnify and
hold us harmless pursuant to the terms and conditions of the UDRP. If you
or your domain name are the subject of litigation, we may deposit control
of your domain name record into the registry of the judicial body by
providing a party with a registrar certificate.
- GOVERNING
LAW AND JURISDICTION FOR DISPUTES:
- Except
as otherwise set forth in the UDRP or any similar ccTLD policy, with
respect to any dispute over a domain name registration, this Agreement,
your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of America
and the State of Arizona, as if the Agreement was a contract wholly
entered into and wholly performed within the State of Arizona.
- Any
dispute, claim or controversy arising out of or relating to this
Agreement or the breach, termination, enforcement, interpretation or
validity thereof, including the determination of the scope or
applicability of the agreement to arbitrate, shall be determined by
arbitration in Maricopa County, Arizona, before one arbitrator. The
arbitration shall be administered by JAMS pursuant to its Comprehensive
Arbitration Rules and Procedures. Judgment on the Award may be entered in
any court having jurisdiction. This clause shall not preclude us from
seeking provisional remedies in aid of arbitration from a court of
appropriate jurisdiction. Service of process on you by us in relation to
any dispute arising under this Agreement may be served upon you by first
class mail to the address listed by you in your Account and/or domain
name WHOIS information or by electronically transmitting a true copy of
the papers to the email address listed by you in your Account and/or
domain name WHOIS information.
- Notwithstanding
the foregoing, for the adjudication of third party disputes (i.e.,
disputes between you and another party, not us) concerning or arising
from use of domain names registered hereunder, you shall submit without
objection, without prejudice to other potentially applicable
jurisdictions, to the subject matter and personal jurisdiction of the
courts (i) of the domicile of the registrant as it appears in the public
WHOIS record for the domain name(s) in controversy, and (ii) where we are
located.
- When
contacting us, please refer to our abuse reporting procedures as listed
on our web site if you are contacting us concerning abuse of our services.
As such, and for any and all other legal notifications to our company,
please use email or the form on our contact us page to contact us. Postal
mail correspondence should be expected to incur delays.
- NOTICES:
Any notices required to be given under this Agreement by us to you will be
deemed to have been given if sent in accordance with the Account and/or
domain name WHOIS information you have provided.
- PRIVACY:
Details about how we process and share your information, options available
to you regarding its use, as well as how to contact us, can be found in
our privacy
policy. By accepting this Agreement,
you also accept the use of your information as described in our privacy
policy. Furthermore, you hereby agree
not to submit anybody else's personal information to us in conjunction
with your use of Services without first communicating your intended use of
their personal information along with our privacy
policy and then obtaining their
consent to said use.
- GENERAL:
This Agreement and all applicable ICANN policies and the policies of any
relevant registry, including but not limited to the UDRP, together with
all modifications, constitute the complete and exclusive agreement between
you and us, and supersede and govern all prior proposals, agreements, or
other communications. Nothing contained in this Agreement shall be
construed as creating any agency, partnership, or other form of joint
enterprise between the parties. The failure of us to require your
performance of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver by
us of a breach of any provision hereof be taken or held to be a waiver of
the provision itself. In the event that any provision of this Agreement
shall be unenforceable or invalid under any applicable law or be so held
by applicable court decision, such unenforceability or invalidity shall
not render this Agreement unenforceable or invalid as a whole. We will
amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible,
our original objectives and intent as reflected in the original provision.
This Agreement may not be amended or modified by you except by means of a
written document signed by both you and an authorized representative of
us.
- DATES/TIMES:
All dates/times shown in our system for information including, but not
limited to, expiration dates, auction end times and transfer completion
dates are based upon Arizona time unless otherwise noted.
Terms and conditions specific to
.BIZ domain registrations
Registrations
in the .BIZ TLD must be used or intended to be used primarily for bona fide
business or commercial purposes. For purposes of the .BIZ Registration
Restrictions ("Restrictions"), "bona fide business or commercial
use" shall mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other information
thereon, to permit Internet users to access one (1) or more host computers
through the DNS:
- To
exchange goods, services, or property of any kind;
- In the
ordinary course of trade or business; or
- To
facilitate (i) the exchange of goods, services, information, or property
of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of (1) selling, trading
or leasing the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for compensation shall
not constitute a "bona fide business or commercial use" of that
domain name.
As a .BIZ domain name registrant, You
hereby certify to the best of Your knowledge that:
- The
registered domain name will be used primarily for bona fide business or
commercial purposes and not (i) exclusively for personal use; or (ii)
solely for the purposes of (1) selling, trading or leasing the domain name
for compensation, or (2) the unsolicited offering to sell, trade or lease
the domain name for compensation. More information on the .BIZ restrictions,
which are incorporated herein by reference, are available online.
- The
domain name registrant has the authority to enter into the registration
agreement; and
- The
registered domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
Domain Name Dispute Policy
If
You reserved or registered a .BIZ domain name through us, You
agree to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference. Please take
the time to familiarize Yourself with that policy. In addition, You hereby
acknowledge that You have read and understood and agree to be bound by the
terms and conditions of the following documents, as they may be amended from
time to time, which are hereby incorporated and made an integral part of this
Agreement:
- The
Uniform Domain Name Dispute Policy;
- The
Start-up Trademark Opposition Policy ("STOP"); and
- The
Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .BIZ domain name
("Registrant") with any third party (other than Registry Operator or
Registrar) over the registration or use of a .BIZ domain name registered by
Registrant that is subject to the Intellectual Property Claim Service. The
Intellectual Property Claim Service is a service introduced by Registry
Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain name has been registered in which that Claimant
claims intellectual property rights. In accordance with the STOP and its
associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers.
The
UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by Registrant.
The
RDRP sets forth the terms under which any allegation that a domain name is not
used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used primarily for
business or commercial purposes or that a domain name is being used in
compliance with the SUDRP or UDRP processes. Domain Name Dispute Policy
Modifications
You
agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of Your domain name after modifications to the dispute policy
become effective, You have agreed to these
modifications. You acknowledge that if You do not agree to any such
modification, You may terminate this Agreement. We
will not refund any fees paid by You if You terminate Your Agreement with us.
Domain
Name Disputes
You
agree that, if Your use of our domain name registration services is challenged
by a third party, You will be subject to the
provisions specified in our dispute policy in effect at the time of the
dispute. You agree that in the event a domain name dispute arises with any
third party, You will indemnify and hold us harmless pursuant
to the terms and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or administrative body
regarding Your use of our domain name registration services, You
agree not to make any changes to Your domain name record without our prior
approval. We may not allow You to make changes to such domain name record until
(i) we are directed to do so by the judicial or administrative body, or (ii) we
receive notification by You and the other party contesting Your registration
and use of our domain name registration services that the dispute has been
settled. Furthermore, You agree that if You are
subject to litigation regarding Your registration and use of our domain name
registration services, we may deposit control of Your domain name record into
the registry of the judicial body by supplying a party with a registrar
certificate from us.
Reservation
of Rights
We
and the .BIZ Registry Operator, NeuLevel, Inc.
expressly reserve the right to deny, cancel or transfer any registration that
it deems necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on the part
of us and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees. We and NeuLevel, Inc. also reserve the right to freeze a domain name
during resolution of a dispute.
Indemnification
You
agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses arising out of
or relating to the Registered Name holder's domain name registration. This
indemnification requirement shall survive the termination or expiration of the
registration agreement.
Terms and conditions specific to
.COM and .NET domain registrations
You
agree to indemnify, defend and hold harmless the .COM .and NET Registry
Operator, VeriSign, Inc., and its directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to the Registered Name holder's domain name registration.
Terms and conditions specific to Afilias domain registrations
You
agree to the Afilias policies as found at http://afilias.info/policies.
Terms and conditions specific to
.INFO domain registrations
You
agree to indemnify, defend and hold harmless the .INFO Registry Operator, Afilias Limited, and its subcontractors, shareholders,
directors, officers, employees, agents, and affiliates from and against any and
all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered Name
holder's domain name registration. This indemnification requirement shall
survive the termination or expiration of this Agreement.
If
You are registering a .INFO domain name You also agree to:
- consent
to the use, copying, distribution, publication, modification and other
processing of Registered Name Holder's Personal Data by the .info Registry
Operator and its designees and agents;
- submit
to proceedings commenced under ICANN's Uniform Domain Name Dispute
Resolution Policy ("UDRP") and the Sunrise Dispute Resolution
Policy ("SDRP");
- immediately
correct and update the registration information for the Registered Name
during the registration term for the Registered Name; and
- acknowledge
that the Registry Operator will have no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to the
Sunrise Period or the Land Rush Period, including, without limitation: (a)
the ability or inability of a registrant to obtain a Registered Name
during these periods, and (b) the results of any dispute over a Sunrise
Registration.
Terms and conditions specific to
.MOBI domain registrations
You
acknowledge and agree that You shall comply with the requirements, standards,
policies, procedures and practices set forth in the dotmobi
Style Guide, found here. You consent to the monitoring of
Your website for compliance with the Style Guide.
Further,
You acknowledge and agree the Style Guide is subject
to modification by the dotmobi registry, and You
acknowledge and agree that You will comply with any such changes in the time
allotted.
You
agree to indemnify to the maximum extent permitted by law, defend and hold
harmless Registry Operator, and its directors, officers, employees and agents
from and against any and all claims, damages, liabilities, costs and expenses,
including reasonable legal fees and expenses, arising out of or relating to
Your domain name registration and or use, and this indemnification obligation
survives the termination or expiration of this Agreement;
You
agree to indemnify, defend and hold harmless Registry Services Provider, its
subsidiaries and affiliates, and the directors, officers, employees and agents
or each of them, from and against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses, arising out of
or relating to Your domain name registration and or use, and this
indemnification obligation survives the termination or expiration of this
Agreement;
Acknowledge
and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"),
the Registry Operator of the .MOBI TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the
parties to this Agreement acknowledge and agree that the third
party beneficiary rights of dotmobi have vested
and that dotmobi has relied on its third party
beneficiary rights under this Agreement in agreeing to us being a registrar for
the .MOBI top-level domain. Additionally, the third party
beneficiary rights of dotmobi shall survive any
termination or expiration of this Agreement.
You
agree to comply with ICANN requirements, standards, policies, procedures, and
practices for which dotmobi has responsibility in
accordance with the Registry Agreement between ICANN and dotmobi
or other arrangement with ICANN.
You
consent to the use, copying, distribution, publication, modification and other
processing of Your personal data by dotmobi and its
designees and agents in a manner consistent with the purposes for which Your
personal data is collected by us and submitted to dotmobi
and with relevant mandatory local data protection, law and privacy.
You
shall immediately correct and update Your registration information for Your
registered domain name(s) during the registration term for each registered
name.
You
further agree to comply with operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner as Registry Policies, applicable to all
registrars and/or Registered Name Holders, and consistent with the Registry
Agreement shall be effective upon thirty (30) days notice
by Registry Operator to Registrar;
You
acknowledge and agree that dotmobi and Affilias Limited, acting in consent with dotmobi, reserves the right to deny, cancel or transfer any
registration that it deems necessary, in its discretion (i) to protect the
integrity and stability of the registry; (ii) to comply with all applicable
laws, government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process; (iii) to avoid any liability,
civil or criminal, on the part of dotmobi as well as
its affiliates, subsidiaries, officers, directors, representatives, employees,
and stockholders; (iv) for violations of the terms and conditions herein; (v)
or to correct mistakes made by dotmobi or any
registrar in connection with a domain name registration, and dotmobi also reserves the right to freeze a domain name
during resolution of a dispute.
You
acknowledge and agree to be bound by the terms and conditions of the initial
launch and general operations of the Registry TLD, including without limitation
the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the
Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the
General Registration Period, and further to acknowledge that Registry Operator
and the Registry Service Provider has no liability of any kind for any loss or
liability resulting from the proceedings and processes relating to the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute
Resolution Policy, the Premium Name Allocation Process, and the General
Registration Period including, without limitation: (a) the ability or inability
of a registrant to obtain a Registered Name during these periods, and (b) the
results of any dispute made during the limited industry launch or over a Sunrise
Registration.
You
acknowledge and agree if the domain name being registered is a dotMobi Premium Name, and as such is listed at
http://mtld.mobi/domain/premium, then use of the domain is also subject to the
terms and conditions of the dotMobi Premium Name
Agreement (formerly known as the dotMobi Auction
Agreement) posted here, which is incorporated by reference herein.
You
acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms
thereof: (i) any and all rights of Company to the Registration of the Domain
Name, the Registration Code, and/or to create, launch, and/or operate the web
site shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant
Registration rights to the Domain Name and/or rights to the Registration Code
to any entity or person in its sole discretion, and Company shall have no
rights or recourse against mTLD and/or Registrar
relating to the registration or use of the Domain Name and/or Registration Code
by any other such entity or person.
You
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed
during the Sunrise Period, the Limited Industry Launch and the Premium Name
Allocation and Auction Period, and in such an instance will constitute a
material breach to this Agreement.
Terms and conditions specific to
.ORG domain registrations
You
agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public
Interest Registry, and its subcontractors, shareholders, directors, officers,
employees, agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses
arising out of or relating to the Registered Name holder's domain name registration.
This indemnification requirement shall survive the termination or expiration of
this Agreement.
Terms and conditions specific to .TICKETS domain registrations
WHOIS
privacy is not permitted for .tickets registrations.
There are further WHOIS verification steps that are required as noted at http://nic.tickets/pdfs/3.-Whois-Verification-and-Domain-Name-Allocation-Rules-During-General-Availability.pdf.
Terms and conditions specific to .US
domain registrations
Indemnification.
You agree to indemnify, defend, and hold harmless NeuStar,
Inc., and its directors, officers, employees, representatives, agents,
affiliates, and stockholders from and against any and all claims, suits,
actions, other proceedings, damages, liabilities, costs and expenses of any
kind, including without limitation reasonable legal fees and expenses, arising
out of or relating to your (i) .us domain name registration, and (ii) use of
any .us registered domain name.
.US
Certification of U.S. Nexus. You certify that you have and shall continue to
have a lawful bona fide U.S. Nexus in order to qualify to register and maintain
use of a .us registered domain name. You must be, and you certify that you are,
either:
- (a) A
natural person (i) who is a United States citizen, (ii) a permanent
resident of the United States of American or any of its possessions or
territories, or (iii) whose primary place of domicile is in the United
States of America or any of its possessions ("Nexus Category
1"); or,
- (b) An
entity or organization that is (i) incorporated within one of the fifty
(50) U.S. states, the District of Columbia, or any of the United States
possessions or territories or (ii) organized or otherwise constituted
under the laws of a state of the United States of America, the District of
Columbia, or any of its possessions or territories ("Nexus Category
2"); or,
- (c) An
entity or organization (including federal, state, or local government of
the United States, or a political subdivision thereof) that has a bona
fide presence in the United States of America or any of its possessions or
territories ("Nexus Category 3"). If you are claiming Nexus
Category 3, you certify that you have a "bona fide presence in the
United States" on the basis of real and substantial lawful contacts
with, or lawful activities in, the United States of America, including,
but not limited to, the sale of goods or services or other business,
commercial or non-commercial including not-for-profit activities, or
maintaining an office or other facility within the United States.
.US
Certification of Name Servers Located in the U.S. you certify that the name
servers listed by you for any .us domain name registration are located within
the United States of America.
.US
Certification of Accuracy of Registration Information. You acknowledge and
agree that we have requested certain information from you during the .us domain
name registration process in order to meet the above Nexus requirement, and
that you have willingly volunteered such information. You acknowledge and agree
that such information will be verified for accuracy and for compliance with the
Nexus requirement and will be shared with NeuStar,
Inc. You acknowledge and agree that, in order to implement the above Nexus
requirement, NeuStar, Inc., will conduct "spot
checks" on registrant information.
You
understand and agree that your willful or grossly negligent provision of
inaccurate or unreliable information, or your willful or grossly negligent
failure to promptly update information, provided to us shall constitute a
material breach of this Agreement and shall be a basis for cancellation of the
domain name registration, without refund or credit to you. You further
understand and agree that if such information cannot be verified for any
reason, or if you fail to continue to abide by the Nexus requirements, the
domain name registration may be subject to immediate "hold",
rejection, or deletion by either us or NeuStar, Inc.,
without refund or credit to you. Neither we nor NeuStar,
Inc., shall be liable to you for any actions or inactions resulting from your
failure to satisfy all Nexus requirements or to provide all required Nexus
requirement information in connection with the domain name registration.
Neither we nor NeuStar, Inc., shall have any
obligation to you to request or attempt to obtain from you
additional information in order to establish your compliance with the Nexus
requirements.
.US
Dispute Policy. You agree to be bound by the Nexus Dispute Policy
("NDP") (located at http://www.neustar.us/policies/index.html),
which will be administered solely by NeuStar, Inc.,
or its designated representative.
.US
Restrictions. You acknowledge and agree that you are not permitted to purchase
or use Domain Privacy service in connection with any .us domain name
registration.
.US
Reservation of Rights. NeuStar, Inc., reserves the
right to "hold", deny, cancel, or transfer any registration that it
deems necessary, in its sole discretion. You acknowledge and agree that we
shall not be liable to you or any other party in connection with claims,
damages, losses, expenses or costs incurred or suffered by you as a result of
actions taken or not taken by NeuStar, Inc., or other
third parties.
Terms and conditions specific to Rightside Registry domain registrations
Click here to review the Rightside
Registry Terms and Conditions.
Terms and conditions specific to
Donuts Inc. TLD domain registrations
Indemnification.
You agree to indemnify (within 30 days of demand), defend, and hold harmless
Donuts Inc., Donuts' service providers, Registrar and their respective
affiliates and subsidiaries, as well as each of their respective owners,
directors, managers, officers, employees, contractors, service providers and
agents from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses (including on appeal),
arising out of or relating in any way to the Registrant's domain name
registration, including, without limitation, the use, registration, extension,
renewal, deletion, and/or transfer thereof and/or the violation of any
applicable terms or conditions governing the registration.
You will direct any disputes relating to the use of domain
names to ICANN's Uniform Rapid Suspension System
(http://newgtlds.icann.org/en/applicants/urs) or Uniform Domain Name Dispute
Resolution Policy (http://www.icann.org/en/help/dndr/udrp).
You consent to (A)the use, copying, distribution,
publication, modification and other processing of Registrant Personal Data by
Donuts in a manner consistent with Donuts Inc. posted privacy policy
(http://www.donuts.co/policies/privacy-policy/), and (B) Donuts reserves the
right to deny, cancel or transfer any registration or transaction, or place any
domain name(s) or other transactions on registry lock, hold or similar status,
that it deems necessary, in its discretion; (a) to protect the integrity and
stability of the Donuts TLD registries or the Registry System; (b) to comply
with any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process; (c) to avoid any liability,
civil or criminal, on the part of Donuts, as well as its affiliates, subsidiaries,
officers, directors, and employees; (d) for violations of the
Registrar-Registry Agreement; or (e) to correct mistakes made by Donuts or any
Registrar in connection with a domain name registration. Donuts also reserves
the right to place a domain name on registry hold, registry lock, or similar
status during resolution of a dispute.
You acknowledge and agree that Donuts TLDs will have
non-uniform renewal registration pricing such that the Fee for a domain name
registration renewal may differ from other domain names in the same or other
Donuts TLDs (e.g., renewal registration Fee is $7 for one domain name and $13
for a different domain name).
You acknowledge and agree that domains names are variably
priced in the Donuts TLDs (i.e., some are Standard Names and others Premium
Names), as described in the Registry Terms & Conditions.
Additional Provisions. You acknowledge and agree that You
have reviewed and satisfied Yourself as to the obligations and conditions
contained in the Registry Operator's policies, rules, guidelines, terms and
conditions, and service agreement, including any subsequent amendments or
modifications thereto ("Registry Operator's Policies"). You hereby
agree to be bound by the Registry Operator's Policies. You further agree that
You have a continuing obligation to periodically monitor such policies for any
changes. Such Registry Operator's Policies may be found at the web site of the
Registry Operator (located at http://www.donuts.co/policies/),
and are incorporated herein.
Terms and conditions specific to Rightside Registry TLD domain registrations
- By
applying to register or reserve a domain name in a Registry TLD, you
represent and warrant that neither your registration nor your use of the
name will infringe the intellectual property or other rights of any third
party or violate the Registry's Acceptable Use (Anti-Abuse) Policy.
- You
acknowledge and agree to abide by all Registry Policies set forth on the
Registry's website at http://rightside.co/registry/for- registrars/#c290
(the "Registry Website"). You specifically acknowledge and agree
that the Registry Policies may be modified by the Registry,
and agree to comply with any such changes in the time period
specified for compliance.
- You
agree to comply with all applicable ICANN requirements and policies found
at www.icann.org/en/general/consensus-policies.htm.
- You
agree to comply with all applicable laws, including those that relate to
privacy, data collection, consumer protection, fair lending, debt
collection, organic farming, disclosure of date and financial disclosures.
- You
agree that should you use a Registry TLD to collect and or maintain
sensitive health and financial data, you implement reasonable appropriate
security measures commensurate with the offering of those services as
defined by applicable law.
- You
represent and warrant that you have provided to your Registrar current,
complete, and accurate information in connection with your application for
a registration, and that you will correct and update this information to
ensure that it remains current, complete, and accurate throughout the term
of any resulting registration or reservation. Your obligation to provide
current, accurate, and complete information is a material element of these
terms, and the Registry reserves the right to deny, cancel, terminate,
suspend, lock, or transfer any registration or reservation if it
determines, in its sole discretion, that the information is materially
inaccurate.
- You
consent to the collection, use, processing, and/or disclosure of personal
information in the United States and in accordance with the Registry's
Privacy Policy , and incorporated by reference
here. If you are submitting information from a country other than the
country in which the Registry servers are located, your communications
with the Registry may result in the transfer of information (including
your membership account information) across international boundaries; you
consent to such transfer.
- Should
You choose to register one or more of these new generic top-level domain
names, you must comply with the registration requirements as described
below: Regulated TLDs: .ENGINEER, .MARKET, MORTGAGE, .DEGREE, .SOFTWARE,
.VET, .GIVES, and .REHAB Highly-regulated TLDs: .DENTIST, .ATTORNEY, and
.LAWYER Military TLDs: .ARMY, .NAVY, and .AIRFORCE.
- Safeguards
for Regulated TLDs. Registrants must comply with all applicable laws,
including those that relate to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct),
fair lending, debt collection, organic farming, disclosure of data, and
financial disclosures. Additionally, if a Registrant collects and
maintains sensitive health and financial data, Registrants must implement
reasonable and appropriate security measures commensurate with the
offering of those services, as defined by applicable law.
- Safeguards
for Highly-Regulated TLDs. Registrants must
provide to their Registrar administrative contact information, which must
be kept up-to-date, for the notification of
complaints or reports of registration abuse, as well as the contact
details of the relevant regulatory, or industry self-regulatory, bodies
in their main place of business. Additionally, Registrants must possess
any necessary authorizations, charters, licenses and/or other related
credentials for participation in the sector associated with such
Highly-regulated TLD and report any material changes to the Registrant's
authorizations, charters, licenses and/or other related credentials for
participation in the sector associated with the Highly-regulated TLD.
- Safeguards
for Military TLDs. Registrant must take steps to ensure against
misrepresenting or falsely implying that the Registrant or its business
is affiliated with, sponsored or endorsed by one or more country's or government's
military forces if such affiliation, sponsorship or endorsement does not
exist.
- You
should be aware that Australian Defence
Regulation 1957, No. 16, individuals and businesses, who are subject to
Australian law, are prohibited from using the words "Navy" and
"Air Force" in connection with a trade or business.
Consequently, Australian based Registrars are advised that it may be
illegal to sell or distribute domain names under this law and selling or
distributing domain names to consumers based in Australia may also be
prohibited. Australian Registrars are advised to consult with their legal
counsel prior to selling or distributing any .NAVY
or .AIRFORCE domain name.
- You
agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP"), and the Uniform Rapid
Suspension System ("URS"), each as described on the ICANN
Website. You further agree to abide by the final outcome of any of those
processes, subject to any appeal rights provided in those processes or the
law, and you hereby release the Registry, its affiliates and service
providers from any and all directly or indirect liability associated with
such dispute resolution processes.
- You
acknowledge and agree that the Registry reserves the right, in its sole
discretion, to disqualify you or your agents from making or maintaining
any registrations or reservations in the Registry TLD if you are found to
have repeatedly engaged in abusive registrations.
- You
acknowledge and agree that the Registry reserves the right to deny,
cancel, terminate, suspend, lock, or transfer any registration that it
deems necessary, in its discretion, in furtherance of the following:
- to
enforce all Registry Policies, these Registration Terms, and ICANN
requirements, as amended from time to time;
- to
protect the integrity and stability of the Registry, its operations, and
the Registry TLDs;
- to
comply with any applicable law, regulation, holding, order, or decision
issued by a court, administrative authority, or dispute resolution service
provider with jurisdiction over the Registry or you;
- to
establish, assert, or defend the legal rights of the Registry or a third
party, or to avoid any liability, civil or criminal, on the part of the
Registry as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, contractors, and stockholders;
- to
correct mistakes made by the Registry or any Registrar in connection with
a registration or reservation;
- as
otherwise provided herein.
- The
Registration Terms, its interpretation, and all disputes between the
parties arising in any manner hereunder, shall be governed by and
construed in accordance with the internal laws of the State of Washington,
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Washington or any other jurisdiction). You agree
and submit to the exercise of personal jurisdiction of courts in the State
of Washington for the purpose of litigating any such claim or action.
- BY
AGREEING TO THESE REGISTRATION TERMS AND CONDITIONS, YOU ARE: (1) WAIVING
CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS EMPLOYEES,
AFFILIATES AND SUBSIDIARIES, AND SERVICE PROVIDERS, BASED ON THE LAWS OF
OTHER JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE
EXCLUSIVE JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE
STATE OF WASHINGTON OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE
REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS; AND (3) SUBMITTING
YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF
STATE OF WASHINGTON FOR THE PURPOSE OF RESOLVING ANY SUCH DISPUTES OR
CLAIMS.
- You
acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you
undertake under your registration agreement with the Registrar and these
Registration Terms. You acknowledge and agree that the Registry's third party beneficiary rights have vested, and shall
survive any termination or expiration of your registration or reservation.
- You
acknowledge and agree that domain names in the Registry TLD are provided
"as is", "with all faults" and "as
available." The Registry, its affiliates and service providers, make
no express warranties or guarantees about such domain names.
- TO THE
GREATEST EXTENT PERMITTED BY LAW, THE REGISTRY, ITS AFFILIATES AND SERVICE
PROVIDERS, DISCLAIM IMPLIED WARRANTIES THAT THE REGISTRY AND ALL SOFTWARE,
CONTENT AND SERVICES DISTRIBUTED THROUGH THE REGISTRY, ITS AFFILIATES AND
SERVICE PROVIDERS ARE MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE,
TIMELY, FIT FOR A PARTICULAR PURPOSE OR NEED, OR NON-INFRINGING. THE
REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS DO NOT GUARANTEE THAT ANY
REGISTRY TLDS, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE
ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE
DO NOT GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE
UNITED TLD, INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE,
ACCURATE OR MEET YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD
PARTIES WILL BE ABLE TO ACCESS OR USE A DOMAIN NAME IN UNITED TLDS (EITHER
DIRECTLY OR THROUGH THIRD-PARTY NETWORKS) AT TIMES OR LOCATIONS OF YOUR
CHOOSING. NO ORAL OR WRITTEN INFORMATION OR ADVICE GIVEN BY A
REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS SHALL
CREATE A WARRANTY REGARDING OPERATIONS OF THE REGISTRY OR A DOMAIN NAME IN
A REGISTRY TLD.
- THE
REGISTRY, ITS'AFFILIATES AND SERVICE PROVIDERS SHALL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING
FROM YOUR USE OF, INABILITY TO USE, OR RELIANCE UPON A DOMAIN NAME IN A
UNITED TLD. THESE EXCLUSIONS APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST
DATA, LOSS OF GOODWILL, WORK STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR
ANY OTHER COMMERCIAL DAMAGES OR LOSSES, EVEN IF THE REGISTRY, ITS
AFFILIATES AND SERVICES PROVIDERS KNEW OR SHOULD HAVE KNOWN OF THE
POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME STATES OR JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OR THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY'S
LIABILITY, AND THE LIABILITY OF THE REGISTRY'S AFFILIATES AND SERVICE
PROVIDERS, SHALL BE LIMITED TO THE AMOUNT YOU PAID TO REGISTER A UNITED
TLD. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE REGISTRY'S, ITS
AFFILIATES AND SERVICE PROVIDERS, TOTAL AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR SERVICES THAT ARE THE SUBJECT
OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS STATED HEREIN SURVIVE
TERMINATION OF THE REGISTRAR'S AGREEMENT WITH YOU.
- The
Registry reserves the right to modify, change, or discontinue any aspect
of its Registry Services, these Registration Terms, including without
limitation its prices and fees. You acknowledge and agree that the Registry,
its affiliates and service providers may provide any and all required
notices, agreements, modifications and changes to these Registration
Terms, and other information concerning Registry TLDs electronically, by
posting such items on the Registry Website. Your continued use of a
Registry TLD shall constitute your acceptance of the most current versions
of those notices, agreements, modifications, and changes to these
Registration Terms. In the event of any conflict between these
Registration Terms and the notices, agreements, modifications and changes
to the Registration Terms as posted from time to time on the Registry
Website, the terms posted on the Registry Website shall prevail.
- You
represent and warrant that your use of the Registry and/or the Registry
TLDs will not be for any illegal purpose and that you will not undertake
any activities with your Registry TLD that will be in violation of the
Acceptable Use (Anti-Abuse) Policy.
- The
Registry TLDs are intended for and available to applicants and registrants
who are at least eighteen (18) years of age. By applying for, registering,
or reserving United TLD, you represent and warrant that you are at least
eighteen (18) years of age.
Terms and conditions specific .io, .ac and .sh domain
registrations
You
acknowledge and agree that You shall comply with the requirements, standards,
policies, procedures and practices set forth in the nic.io Terms and
Conditions, found here.
You further acknowledge that in utilizing our WHOIS privacy
service you are specifically requesting that we enter information from our
WHOIS privacy service in place of your information as the WHOIS contact details
for your domain. Further, you are specifically agreeing and requesting that our
privacy service will act as the offical Applicant
agent for your domain per the nic.io terms linked to above.
Terms and conditions specific .osaka domain
registrations
To register a domain name under the .OSAKA
Top-Level Domain the Registrant (person or entity) must meet the Nexus
Requirement. Eligible registrants include, but are not limited to:
- Osaka
municipalities and local governments
- Public
and private institutions in Osaka
- Organizations,
companies, and other businesses/entities in Osaka
- Residents
of Osaka
- Others
who have a legitimate purpose for registering and using a [.osaka] domain