This Terms
Of Registration (as it may be amended by us from
time to time) between you ("you", "your" or "Customer")
and Domain Registry Sen/ices ("Provider")
sets forth the terms and conditions of
your use of the services set forth herein (collectively,
the "Services"), This Agreement explains our obligations to
you, and your obligations to us in relation to the Service(s).
When you or someone else on your behalf uses, modifies or cancels the
Service(s) on your behalf (even if we were not notified of
such authorization), or requests or
purchases additional services under your account, this Agreement covers
any such service or actions. You acknowledge that you have read, understood,
and agree to be bound by
all terms and conditions of this Agreement, as well as any additional
rules or policies that are or may be established by Provider from time
to time. This Agreement as well as any
additional Provider rules and policies, together with all modifications
thereto, constitute the complete and exclusive agreement between you
and Provider concerning your use of the Services, and supersede
and govern all prior proposals, agreements, or other communications.
Customer agrees that the registration system and
business structure formed by Provider is entirely at the discretion
of Provider. Customer acknowledges that all guarantees of registration
are at the liability of Provider
to provide a refund or credit as stated subsequently in this agreement.
You acknowledge that payment for She order, registration or reservation
of domain names is required immediately
upon receipt of an order in a payment method and currency acceptable
to Provider. Customer undertakes the obligation to provide proof to Provider
and/or its agent or agents
of ownership of all domain names submitted for renewal with the
appropriate registry. This may be in the form of showing receipt of an
email sent to a domain contact, faxed or
mailed form provided by Provider; or through an authorization
code provided by the prevbus registrar or registry. The method of proof
is at the sole discretion of Provider. Failure of
Customer to provide such authorization in adequate time before
the domain expiration will result in forfeit of all fees paid and no
refund will be made. Customer agrees
to enabie the modification of the registrar of record at the appropriate
registry for each domain name renewed, to reflect the registrar chosen
by Provider. You agree Provider
may auto-renew domain names and charge the appropriate fees (set
at time of renewal) without further authorization from Customer. As a
domain name registrar, Provider is,
upon accepting your application to register or renew a domain
name, your sponsor for that application. No domain name registrations
shall be deemed effective unless and until we deliver
the domain name registration or renewal application you provide
us to the appropriate registry administrator, as applicable, and that
registry administrator accepts your application
and activates your domain name registration or renewal. Customer
bears full responsibility for the provision of appropriate methods of
showing proof of ownership and ensuring this
is received by provider and/or Provider's agent. You acknowledge
and agree that Provider does not guarantee that you will be able to register
or renew a desired domain name, even
if our systems indicate that that domain name is available. You
also understand that Provider cannot know with certainty whether or not
the domain name which you are seeking
to register is simultaneously being sought by a third party, or
whether there are any inaccuracies or errors in the domain name registration
or renewal process or related
databases, including the various WHOIS or other registry databases.
You also acknowledge and agree that Provider is not responsible for any
inaccuracies or errors in the domain name
registration or renewal process- You are solely responsible for
making sure that your registration or renewal has been properly processed.
You further acknowledge and agree that Provider may elect So accept or
reject your application for registration or renewal for any reason
at its sole discretion, such rejection including, but not limited to,
rejection due
to a request for registration or renewal of a prohibited domain
name. You also acknowledge and agree that Provider is not liable or responsible
in any way for any errors, omissions or
any other actions by any third party including any registry administrator
arising out of or related to your application for and registration of,
renewal of, or failure to register
or renew a particular domain name. By applying to register a domain
name, or by asking us to maintain or renew a domain name registration,
you hereby represent and warrant to us that the statements
that you made ih connection with such registration, maintenance,
or renewal are complete and accurate. By applying to register a domain
name, or by asking us
to maintain or renew a domain name registration, you hereby represent
and warrant to us that (a) the statements that you made in connection
wish such registration, maintenance, or renewal
are complete and accurate; (b) the registration of the domain
name will not infringe upon or otherwise violate the rights of any third
party: (c) you are not registering the
domain name for an unlawful purpose; and fd) you w/ill not use
the domain name in violation of any applicable taws or regulations or
Provider's rules or policies. You agree and acknowledge
that it is your responsibility to determine whether your domain
name registration or use infringes or violates a third party's rights,
including, but not limited to, whether any foreign
language translations of your domain name. either between roman-alphabet
languages, between non-roman alphabet languages, or between roman-alphabet
and non-roman alphabet
languages, infringe or violate third party rights. Notwithstanding
clause 1f, below. Provider considers the entity represented by the contact
details submitted to
Provider during the order process to be the registrant and owner
of any corresponding domain name(s) subsequently registered, unless and
until new contact details are communicated to
Provider ih writing for the domain name(s) in question. This entity
will be deemed to have full authority to act with respect to the domain
name registration or any other services
obtained from Provider, including (but not limited to) the authority
to terminate, transfer (v/here permitted by the Agreement), or modify
such services, or obtain additional services.
You agree that you may not transfer a domain name registration
to another domain name registrar during the first sixty (60) days from
the effective date of she initial domain name
registration wish us. After that time, you may transfer your domain
name registration to a third party domain name registrar of your choice,
subject to our then-current policies and procedures
incorporated herein by reference. You agree that, if you are using
the Services for someone else. you represent that you have the authority
to nonetheless bind that
person as a principal to all terms and conditions provided herein,
including the Dispute Policy. You accept liability for harm caused by
wrongful use of the Services. You agree
that if you license the use of a domain name registered in your
name to a third party, you nonetheless remain the domain name holder
of record, and remain responsible for all obligations
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.
As further required by ICANN, you shall accept liability for harm
caused by wrongful use of the domain name, unless you promptly disclose
the identity of the licensee to a
party providing you with reasonable evidence of actionable harm.
In addition to representations In other Sections of this Agreement, you
represent that, to She best of your knowledge
and belief, neither the registration of the domain name you have
applied for nor the manner in which rt is intended to be or is directly
or indirectly used infringes the legal rights of
a third party. You further represent and warrant that all information
provided by you in connection with your use of the Services is accurate
and current. THE SERVICES ARE PROVIDED
TO YOU "AS IS." Except for our statement regarding our
accreditation as or affiliation with an ICANN-approved domain name registrar.
Provider MAKES 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, provider MAKES .NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER
THIS AGREEMENT WILL llv'MUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN
NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU. You acknowledge and agree that
Provider may suspend, cancel, transfer or modify your
use of the Services at any time, for any reason, in Provider's
sole discretion. Without limiting (he foregoing, Provider may, in its
sole discretion,
suspend, cancel, transfer or modify a domain name registration
(a) to correct mistakes made by Provider, another registrar, or the applicable
registry administrator, (b) to resolve a dispute related
to that domain name, (c) within thirty (30) calendar days of the
creation date of that domain name registration, (d) 'if you materially
breach this Agreement (including any applicable
additional rule or policy) and do not cure such breach within
five (5) calendar days of notice by Provider, (e) if you use the domain
name registered to you to send unsolicited
commercial advertisements In contradiction to either applicable
iaws or customary acceptable usage policies of the Internet, or (f) if
you use a domain name in connection
with unlawful activity.
|