Cloud, VPS, Domain Registration, Transfer and Renewals Services Agreements:
All dedicated cloud servers, domain name registration / transfer / renewal free ssl with unlimited hosting or web and
email services terms.
Domain Registration, Transfer Information
Please read the following important information about registering/transferring your domain name:
- You must agree to enter into a new Registration
Agreement with us.
- Once you have entered into the Agreement, the
registration/transfer will take place within five (5) calendar days unless the
current registrar of record denies the request.
- Once a registration/transfer takes place, you will not be able to
transfer to another registrar for 60 days, apart from a transfer back
to the original registrar, in cases where both registrars so agree or
where a decision in the dispute resolution process so directs.
If you WISH TO PROCEED with the registration/transfer, you must respond,
and confirm your acceptance by the confirmation email that will be sent to the administrative email connected with your services being created. (If you do not respond your domain will not be registered/transferred by us).
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If you have any questions about this process, please access your control
panel and submit a help desk ticket or Contact us.
Dedicated Public Cloud VPS Server, internal Private NAT Cloud Servers, Domain Registration, Transfer and Hosting Services 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 Enother, LLC.
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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, Enother LLC or governments.
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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(if after initial 60 day grace period), or
(b) to cancel your services with us by typig in direct email.
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.
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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. By registering for any service, though we do keep backups of all data on a regular basis, you agree that it is your total responsibility
to ensure you backup your own data to a different source other than Enother LLC Internet Services Servers and we(Enother LLC),
will not be held responsible in any way, for any data loss nor down time for any reason.
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ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
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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: name, postal
address, e-mail address, voice telephone number, and
where available, company name and fax number.
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 or being terminated without warning.
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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 or point directly to your domain, however, you have the
ability to provide new name-server information by logging
into your account and submitting a ticket.
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OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
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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.
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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, 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.
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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.
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ACCESSING YOUR ACCOUNT:
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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.
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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.
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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.
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SHARING OF WHOIS INFORMATION:
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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. It is recommended to
not deactivate the free Whois Privacy Guard we have activated for all domains by default.
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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/.
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OUR SERVICES:
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DOMAIN NAME REGISTRATION.
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We are partnered with 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.
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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
through us.
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NOT INCLUDED IN THE DOMAIN NAME REGISTRATION SERVICES:
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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.
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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.
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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:
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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 free WHOIS Privacy service.
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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.
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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.
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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, nor storing email nor web content. 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.
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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, child pornography or any other harmful routine or data.
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WHOIS privacy is not available for .us domains.
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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 you agree you ae liable for any legal finances incurred to us or to our partners.
- If we believe you have not completely abided by your representations and warranties listed in this Agreement your services may be cancelled without notice nor refund of services time remaining.
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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.
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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.
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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.
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:
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You will not add any profanity, copyrighted content,
or anything else, which in our sole discretion, is harmful,
profane or illegal.
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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.
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If you select to receive text message notifications,
you understand that all messaging rates imposed by your carrier will
apply.
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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.
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Even with this serviceautomatically enabled, we still highly recommend not unlocking all of your domains.
SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
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We may reject your services registration application
or elect to discontinue providing Services to you for any reason if we decide any violation of these terms. 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) Any abuse of the Services not limited to though an example of being, all outgoing email from all domains and guest
virtual machines is screened through proxy filters and other not mentioned methods of spam screening and if it is
determined or suspected that you are sending any unsolicited email(SPAM), or to many per minute, you agree and understand that your account, including other
accounts and or domains we provide services for shall be immediately and without warning, suspended or permanately terminated without any
for notice, nor refund as you forfeit any futher rights to access to services including domain names and will be charged a fee for each and per To: email
spam sent, whether it made it past our spam checks/delivered or not and you agree that we may automatically bill you for Any Offenses without notice. (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 tortuous 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 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.
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You may cancel any domain registration with us within
three (2) days of purchase for a full refund (minus any applicable
transaction fees incurrred by us). You may cancel
at any time after the two-day period, but no refund
will be issued. To cancel a domain name, please log in to your account
and complete the form on our Contact Us page.
Please indicate the domain name to be canceled and also
provide the answer to your main account security question. Your refund
will be issued back to the method of
payment used to make the registration purchase in no
more than five business days following your request, but
refunds are typically issued within 1-3 business days. 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 have provided false information during registration, or be
engaged in "domain tasting". 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 and also
terminate your account and any services with us per the
terms of this Agreement. 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
terminating your account and services per this Agreement, but
we are not obligated to do so.
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You may cancel any domain renewal with us within two
(3) days of purchase for a full refund (minus any applicable transaction
fees). If you transfer your
domain within 35 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.
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Sorry, but refunds are not available for restorations,
completed transfers, Sedo premium domains, domain auctions or Bitcoin
purchases.
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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 and domains provided through your Account.
No fee refund will be made when there is a suspension or
termination of Services for cause.
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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.
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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 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.
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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.
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After the reactivation period, we may:
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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
http://www.icann.org/en/transfers/dispute-policy-12jul04.htm 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 39 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 30 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.
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.
-
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 outside of ours.
-
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 systems.
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
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.
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 Namesilo or 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 Georgia.
-
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 Dekalb County,
Georgia, 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: Our log files store details such as your IP address,
your browser type and the referring page and time of your visit.
The information gathered is used only to enhance your experience
when using our website. We may use Cookies to remember your
preferences when interacting with our website. Your personal
information will never be shared or disclosed to third-parties unless
we are compelled by court order (or other entity with adequate
jurisdiction), or to fulfill contractual obligations in support of
our required accreditations as a domain registrar (including,
but not limited to, ICANN and the various domain registries with whom
we offer services).
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.
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, Enother and Namesilo, 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 .US domain registrations
Indemnification. You agree to indemnify, defend, and hold harmless NeuStar or Namesilo,
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.
VPS/Cloud Agreements
Cloud/VPS Information and agreements
are
HERE.
2AlienEyes.com Enother Internet Services
Hosting/Registration/VOIP
Terms Of Services Continued
VOIP Terms Of Service
The use of services provided by 2AlienEyes.com Enother Services LLC [hereafter
referred to as "2AlienEyes.com Enother Services"] constitutes
agreement to these terms. BY ACTIVATING OR USING THE SERVICE, YOU REPRESENT
THAT YOU ARE OF LEGAL AGE TO ENTER INTO THIS AGREEMENT AND THAT YOU
HAVE READ AND UNDERSTAND FULLY THE TERMS AND CONDITIONS OF THIS AGREEMENT.
E911 Service
2AlienEyes.com Enother Services provides you with phone services over your
broadband connection. There is an important difference between the 2AlienEyes.com
Enother Services service and the phone service provided over a traditional
phone line -- this difference is that the 9-1-1 dialing feature with
2AlienEyes.com Enother Services has important limitations that you should
be aware of and that you advise others that may use the 2AlienEyes.com
Enother Services service in your residence or business.
YOU ARE RESPONSIBLE FOR ACTIVATING THE 9-1-1 DIALING FEATURE BY TAKING
AFFIRMATIVE STEPS TO REGISTER THE ADDRESS WHERE YOU WILL USE THE 2AlienEyes.com
Enother Services SERVICE BY LOGGING INTO YOUR CONTROL PANEL AND PROVIDING
A VALID PHYSICAL ADDRESS AND VALID PHONE NUMBER.
IF YOU MOVE THE LOCATION OF WHERE YOU USE THE 2AlienEyes.com Enother Services
SERVICE, YOU MUST AFFIRMATIVELY ACTIVATE THE 9-1-1 DIALING FEATURE AT
THAT LOCATION BY REGISTERING THE ADDRESS. IF YOU FAIL TO REGISTER YOUR
LOCATION OR CHANGE THE ADDRESS TO A NEW LOCATION, THE 9-1-1 DIALING
FEATURE WILL NOT FUNCTION PROPERLY AND POTENTIALLY NO EMERGENCY SERVICE
WILL BE SENT TO YOUR LOCATION AND ENOTHER LLC WILL NOT BE HELD RESPONSIBLE FOR ANY DAMAGES.
Additional limitations are as follows:
If you lose power or there is a disruption to power at the location
where 2AlienEyes.com Enother Services is used, neither 2AlienEyes.com Enother
Services nor the 9-1-1 dial feature will function until power is restored.
You should also be aware that after a power failure or disruption, you
may need to reset or reconfigure the 2AlienEyes.com Enother Services device
prior to utilizing the service, including the 9-1-1 dialing feature.
If your Internet connection or Broadband Service is lost, suspended,
terminated or disrupted, neither 2AlienEyes.com Enother Services nor the
9-1-1 dial feature will function until the Internet connection or Broadband
Service is restored.
If your 2AlienEyes.com Enother Services account is suspended or terminated,
the 2AlienEyes.com Enother Services service outage will prevent the 9-1-1
dialing feature from functioning. There may be a greater possibility
of network congestion and/or reduced speed in the routing of a 9-1-1
dialed calls utilizing 2AlienEyes.com Enother Services as compared to traditional
911 dialing over traditional public telephone networks.
You are responsible for the accuracy and the completeness of the address
that you submit to 2AlienEyes.com Enother Services for the location at
which 2AlienEyes.com Enother Services will be used and to which emergency
service will be sent in the event that you use the 2AlienEyes.com Enother
Services 9-1-1 dialing service. You are responsible for updating and
of the advising us of any and all changes to the address or location
at which 2AlienEyes.com Enother Services will be used. 2AlienEyes.com Enother
Services uses a third party to route the 9-1-1 dialed calls to the applicable
local emergency response center or to the national emergency calling
centers. We make no warranties or guarantees as to whether, or the manner
in which, 9-1-1 dialed calls that you make are answered or responded
to by the local emergency response center or by the national emergency
calling centers. We disclaim any and all liability or responsibility
in the event that the third party data used to route 9-1-1 dialed calls
is incorrect or yields an erroneous result. Neither 2AlienEyes.com Enother
Services, its officers, directors, stockholders, parent corporation,
its affiliated or subsidiary corporations, employees, representatives
or agents may be held liable for any claim, damage or loss, and you
hereby waive any and all such claims or causes of action, arising from
or relating to 2AlienEyes.com Enother Services 9-1-1 dialing service unless
such claims or causes of action arise from 2AlienEyes.com Enother Services's
gross negligence, recklessness or willful misconduct. You agree to release,
indemnify, defend and hold harmless 2AlienEyes.com Enother Services, its
officers, directors, stockholders, parent corporation, its affiliated
or subsidiary corporations, employees, representatives or agents and
any other service provider who furnishes services to you from any and
all claims, damages, losses, suits or actions, fines, penalties, cost
and expenses (including, but not limited to, attorney fees) or any liability
whatsoever, whether suffered, made, instituted or asserted by you or
by any other party or person, for any personal injury to or death of
any person or persons, or for any loss, damage or destruction of any
property, whether owned by you or others, or for any infringement or
invasion or the right of privacy of any person or persons, caused or
claimed to have been caused, directly or indirectly, by the operation,
failure or outage of services, incorrect routing, or use of, or inability
of a person to use, 2AlienEyes.com Enother Services 911 dialing feature
or service or access emergency service personnel.
Equipment
In the case You as the user may not desire to use your own IPhone, Android, Computer, Tablet or other device, 2AlienEyes.com Enother Services may provide customers with
a telephone adapter and/or a softphone solution to use to connect to our
service. In the case of a device. this device remains the property of 2AlienEyes.com Enother Services
and must be returned to cancel service or if a replacement device is
issued. Users are not authorized to update the firmware, load third-party
firmware, or otherwise tamper with 2AlienEyes.com Enother Services-owned
devices. If a user attempts any of these things and damages the device,
they will be responsible for the purchase of the device for $49.95, plus proccessing and handling fees..
Users must not attempt to reset the device to a factory default setting
by using the "reset button" on the back of the device. If
a user resets the device using this reset button, the user may be responsible
for the purchase of the device and for all shipping costs related to
reprogramming/replacement. Service credits will NOT be issued for the
time the service is down due to the user-initiated device reset.
The use of any other third party PBX systems or PBX software (such as
Asterisk) is strictly prohibited. Users who attempt to circumvent this
restriction face immediate termination of their service. 2AlienEyes.com
Enother Services reserves the right to remotely access and manage any
devices connected to our network.
Miscellaneous
2AlienEyes.com Enother Services reserves the right to refuse to provide
service to anyone at its sole discretion with or without reason. 2AlienEyes.com
Enother Services also reserves the right to terminate accounts with
or without reason at its sole discretion. If 2AlienEyes.com Enother Services
terminates service for any reason other than a Terms of Service violation,
the customer may or may not receive a full prorated refund for any prepaid service depending upon circumstanes.
If 2AlienEyes.com Enother Services terminates service for Terms of Service
violation, the user is not entitled to any refund.
Calls to Alaska, Hawaii, and other offshore destinations are not included
in 2AlienEyes.com Enother Services's calling plans and are billable at
the rates published on the international rates page.
Support
2AlienEyes.com Enother Services provides support for using our service
and provided hardware only. We do not provide troubleshooting or support
for routers, computers or internet connections. The provided phone adapter
has a built in router is designed to be connected directly to a modem
and then your existing router or computer connected to the built in
router. If you connect the 2AlienEyes.com Enother Services adapter to an
existing router, we cannot provide troubleshooting for your router if
service does not work properly.
Service Limitations
Due to the nature of all VoIP services, 2AlienEyes.com Enother Services
service is not designed to be used for data connections with modems,
home security systems, fax machines and related devices. It is optimized
for voice only and you may experience issues and inconsistencies when
using 2AlienEyes.com Enother Services service in non-voice scenarios.
Services Average Use Only
2AlienEyes.com Enother Services unmetered residential and small business
VoIP plans are intended for average residential or light small business
use only. Any other use is strictly prohibited and abuse may result in account interruption or termination. 2AlienEyes.com Enother
Services uses automated systems to monitor usage to detect patterns
which are typical of non-residential use such as telemarketing, call
center, autodialing, continuous call forwarding, frequent, excessively
long calls to single numbers, etc.
All residential and small business VoIP plans are designed for customers
with average usage of under 5,000 minutes per month. Accounts exceeding
5,000 minutes per month on a regular basis are not eligible for these
plans. If an account exceeds 5,000 minutes in a calendar month, 2AlienEyes.com
Enother Services may bill for the excess minutes above 5,000 at 2.9
cents per minute. 2AlienEyes.com Enother Services shall have sole discretion
to determine whether usage is consistent with average usage or not.
Cancellations
All cancellations must be made online at www.2AlienEyes.com Enother Services.com/contact.html
For more information regarding cancellation procedure, please email
support@2AlienEyes.com Enother Services.com
Before a cancellation can be processed, users must return the provided
2AlienEyes.com Enother Services phone adapter. If a user wishes to cancel
service without returning the 2AlienEyes.com Enother Services phone adapter
or service is disconnected for non-payment, a $49.95 fee for the purchase
of the adapter will be charged with an additional handling and proccessing fee . Users are responsible for paying service
fees until the adapter is returned to 2AlienEyes.com Enother Services or
purchased. Any prorated refunds due in accordance with our refund policies
will be calculated based on the monthly rate being charged for service
used and partial months will be rounded up to the nearest full month.
Refunds will be calculated only based on funds paid to 2AlienEyes.com Enother
Services as 2AlienEyes.com Enother Services-issued credits and coupons
have no cash value for refund purposes.
Billing
Accounts renew automatically unless canceled. Accounts will renew on
or around the anniversary of your initial order based on your selected
term. All 2AlienEyes.com Enother Services services are prepaid at least
one month in advance. If you have a credit card on file, 2AlienEyes.com
Enother Services will bill you automatically when charges are due. Customers
are responsible for all international calling usage charges and premium
calls (such as 411) billed to their accounts. 2AlienEyes.com Enother Services
will bill your credit card periodically for these charges automatically.
These charges may be delayed at our discretion or billed at any point
immediately following the completion of such calls. Promotional plans
will renew at standard pricing after the initial term. Promotional pricing
is only available for new customers unless explicitly stated as being
available for existing customers in an offer. Existing customers that
are up for renewal at standard pricing may not cancel an account and
re-establish it to obtain new customer pricing as they will not be considered
new customers. Standard pricing for residential VoIP and small business
VoIP accounts $149 annually for annual plans and $15 monthly for monthly
plans. If you do not have a credit card on file and use another accepted
payment method such as PayPal which may require manual payments to be
made, it is your responsibility to ensure that you have a positive account
balance at all times. 2AlienEyes.com Enother Services is a prepaid service
and does not provide a grace period for billing. If invoices are not
paid by the due date, your account may be subject to immediate disconnection
and a $5 late fee.
Right to Refuse Service
2AlienEyes.com Enother Services reserves the right to refuse to provide
service to anyone at its sole discretion with or without reason. 2AlienEyes.com
Enother Services also reserves the right to terminate accounts with
or without reason at its sole discretion. If 2AlienEyes.com Enother Services
terminates service for any reason other than a Terms of Service violation,
the customer will receive a full prorated refund for any prepaid service.
If 2AlienEyes.com Enother Services terminates service for Terms of Service
violation, the user is not entitled to any refund.
Privacy
2AlienEyes.com Enother Services utilizes, in whole or in part, the public
Internet and third party networks to transmit voice and other communications.
2AlienEyes.com Enother Services makes no claims with regards to the privacy
of voice packets transmitted over public networks.
Indemnification
Customer agrees that it shall defend, indemnify, save and hold 2AlienEyes.com
Enother Services harmless from any and all demands, liabilities, losses,
costs and claims, including reasonable attorney's fees asserted against
2AlienEyes.com Enother Services , its agents, its customers, officers and
employees, that may arise or result from any service provided or performed
or agreed to be performed or any product sold by customer, its agents,
employees or assigns. Customer agrees to defend, indemnify and hold
harmless 2AlienEyes.com Enother Services against liabilities arising out
of; (1) any injury to person or property caused by any products sold
or otherwise distributed in connection with 2AlienEyes.com Enother Services
; (2) any material supplied by customer infringing or allegedly infringing
on the proprietary rights of a third party;
Binding Arbitration
By using any 2AlienEyes.com Enother Services service, you agree to submit
to binding arbitration. If any disputes or claims arise against 2AlienEyes.com
Enother Services or its subsidiaries, its agents, its employees, its
officers, or its owners, such disputes will be handled by an arbitrator
of 2AlienEyes.com Enother Services 's choosing. An arbitrator from the
American Arbitration Association or the National Arbitration Forum will
be selected in the state of Texas. Arbitrators shall be attorneys or
retired judges and shall be selected pursuant to the applicable rules.
All decisions rendered by the arbitrator will be binding and final.
The arbitrator's award is final and binding on all parties. The Federal
Arbitration Act, and not any state arbitration law, governs all arbitration
under this Arbitration Clause.
Disclaimer
2AlienEyes.com Enother Services shall not be responsible for any damages
you or your business may suffer. 2AlienEyes.com Enother Services makes
no warranties of any kind, expressed or implied for services we provide.
2AlienEyes.com Enother Services disclaims any warranty or merchantability
or fitness for a particular purpose. Since we use the public internet
to deliver service, we cannot guarantee uptime or availability of service
and do not issue refunds or credits for outages.
Change of Terms
We may change the terms and conditions of this Agreement from time to
time. Notices will be considered given and effective on the date posted
on our website. These changes will become binding and effective the
date they are posted to our website. No further notice by us is required
upon your continued use of the Service. The Agreement as and when posted
supersedes all previously agreed to electronic and written terms of
service.
*These services are free with purchasing web or email services package only.
Current price varies and may change at any time. Services are good for length
of term of one year from transaction date. Hacking, running bad / illegal
software's or offering copy written materials is strictly prohibited and
is the complete responsibility of the person that has their VPS/Cloud server/web/email/domain/voip
or name services registered at this company. With any violations the services
will be cancelled or suspended, if bad enough or damages acquired against
Enother Services, your account information will be turned over to policing
authorities and as well legal action will be brought against the offender,
as for the offender agrees to completely reimburse 2AlienEyes.com Enother Services
for restitution of legal fees and damages arising from offenders misconduct
or abuse. Full Terms Of Service may be read
HERE..
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