CertifiedHosting Registration Agreement
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 listed in the WHOIS contact
information for the domain name. "We", "us" and "our" refer to
the registrars listed at the bottom of this
document, any one of which will be the registrar for your
domain name and all of which share common ownership, common terms
and conditions, and a shared Services infrastructure. To determine
which registrar your domain name is registered with, perform a
WHOIS lookup at http://www.uwhois.com.
You obtain the Services first through a Primary Service Provider,
CertifiedHosting, Inc., with whom we have a wholesale relationship.
Your relationship with your Primary Service Provider may be governed
by additional terms, as you and your Primary Service Provider
may agree. "We," "us" and "our" does not include your Primary
Service Provider, except when specifically mentioned or unless
your Primary Service Provider is one of us (i.e. if your Primary
Service Provider is also one of the registrars listed at the
bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s),
you agree to all terms and conditions of this Agreement, the UDRP
(defined below) and the rules, policies, or agreements published
in association with specific of the Service(s) and/or which may
be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will change over
time. If, as a result of such a change, you no longer agree with
the terms of this Agreement, you agree that your exclusive remedy
is to transfer your domain name registration services to another
registrar or request of us that we cancel your domain name registration
services. If you continue to use the Services following a change
in this Agreement and/or the Services, your continued use of the
Services indicates your consent to the changes. Any such revision
or change will be binding and effective within 30 days of when
the revised Agreement or change to the Service(s) is posted to
the website of either the Primary or Backend Service Providers,
or 15 days after you view the revised Agreement or 15 days after
notification is sent to the e-mail address provided in association
with your domain name registration. You agree to review this Agreement
periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to use
the Services. Your account is typically going to be managed and/or
provided by your Primary Service Provider. You are responsible
for maintaining and updating all login IDs, passwords, and for
all access to and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF
SERVICE(S): We and your Primary Service Provider may reject your
domain name registration application or elect to discontinue providing
Service(s) to you for any reason within 30 days of a Service initiation
or a Service renewal. Outside of this period, we and your Primary
Service Provider may terminate or suspend the Service(s) at any
time for cause, which, without limitation, includes registration
of prohibited domain name(s), abuse of the Services, payment irregularities,
serious allegations of illegal conduct, or if your use of the
Services involves us in a violation of any Internet Service Provider's
("ISP's") acceptable use policies, including the transmission
of unsolicited bulk email. You agree that if we terminate or suspend
the Services provided to you under this Agreement, that 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 providing to you and that any reference
in this Agreement to termination or suspension of the Services
to you includes this option. If we have grounds to terminate or
suspend Service(s) with respect to one domain name or in relation
to other Service(s) provided through your account, we may terminate
or suspend all Service(s) provided through your account, including
Service(s) to other domain names. No fee refund will be made when
there is a suspension or termination of Service(s) for cause.
At any time and for any reason, we may terminate the Services
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 or risk
that we may delete your domain name or suspend or modify Services
to it. If we terminate Services for a reason other than cause,
we will attempt to refund your fees. You further acknowledge and
agree that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any registrar
or registry administrator procedures approved by an ICANN-adopted
policy, 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.
OUR SERVICES: We are accredited registrars
with the Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names ("TLDs") (such as .com, .net, .org,
.de, co.uk, etc.). ICANN oversees registrations and other aspects
of the TLDs. Domain name registrations are not effective until
the registry administrator puts them into effect. For a list of
registry administrators and for more information on TLDs, see
HYPERLINK http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms which
end on the expiration date. For domain names which are created
as a new registration out of the available namespace, the term
begins on the date the domain name registration is acknowledged
by the applicable registry; for domain names registrations which
were not returned to the available namespace, the term begins
on the date the previous registrant's domain name registration
was acknowledged by the applicable registry. You agree that we
and your Primary Service Provider 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 (our limitation of liability is explained
further, below). You further agree that domain name registration
is a service, that domain name registrations do not exist independently
from services provided pursuant to this or a similar registration
agreement with a registrar, and that domain name registration
services do not create a property interest.
YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT
US TO ANY CLAIM(S). You further agree to indemnify, defend and
hold harmless us, your Primary Service Provider, and applicable
registry administrator(s) (including Verisign Inc., Neulevel,
Inc., Public Interest Registry, Afilias Limited, and other registry
operators listed at http://www.icann.org/registries/listing.html)
and all such parties' directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect, incidental, special
or consequential damages and reasonable legal fees and expenses)
arising out of, or related to, the domain name registration services
you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the following
are not included in the Services: We cannot and do not check to
see whether the domain name(s) you select, or the use you make
of the domain name(s), or other of the Service(s), infringes legal
rights of others. It is your responsibility to know whether or
not the domain name(s) you select or use infringes legal rights
of others. We might be ordered by a court 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. We will comply with court orders unless
you contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with
lawsuit in connection with Service(s) provided to you, we may
turn to you to indemnify us and to hold us harmless from the claims
and expenses (including attorney's fees and court costs). Under
such circumstances, you agree that you will, upon demand, obtain
a performance bond with a reputable bonding company or, if you
are unable to obtain a performance bond, that you will deposit
money with us to pay for our reasonably anticipated expenses in
relation to the matter for the coming year. Such deposit will
be drawn down as expenses are incurred, with all account notices
sent to the WHOIS contact information provided in association
with your domain names and/or account. We shall not be obliged
to extend you any credit in relation to such expenses and we may
terminate the Services for a failure to make or renew such a deposit.
We will return any unused deposit upon the later of one year from
deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY: You agree 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
. You agree that the UDRP may be changed by ICANN (or ICANN's
successor) at any time. You agree that, 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 Dispute
Policy in effect at the time your domain name registration is
disputed by the third party. You also 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 of the
UDRP. You also understand that it is important for you to regularly
monitor email sent to the email address associated with your account
and domain names because, among other reasons, if a dispute arises
regarding Services provided to you, you may lose your rights to
receive the Services if you do not respond expeditiously to an
email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s),
and, if you select it, automatic renewal of the Service(s), you
agree to pay, prior to the effectiveness of the desired Service(s),
the applicable Service(s) fees. 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.
CREDIT CARD AND OTHER CHARGES: If you have an issue with credit
card charges, you should contact your Primary Service Provider
(if any), first, and us, secondarily, regarding the issue before
you contact your credit card company to request a charge back
or reversal of the charges. In the event of a charge back by a
credit card company (or similar action by another payment provider
allowed by us) in connection with your payment of fees for any
Service(s), you agree that we and/or your Primary Service Provider
may suspend access to any and all accounts you have with us and/or
your Primary Service Provider and that all rights to and interest
in and use of any domain name registration(s) services, website
hosting, and/or email services, including all data hosted on our
systems and/or on the systems of your Primary Service Provider
shall be assumed by us or your Primary Service Provider, as the
case may be. We will reinstate your rights to and control over
these Services solely at our discretion, and subject to our receipt
of the unpaid fee(s) and our then-current reinstatement fee, currently
set at $200(US Dollars). Reinstatement of Service(s) by your Primary
Service Provider may be according to the terms, if any, between
you and your Primary Service Provider relating to reinstatement.
Charges for the Service(s) which use our credit card payment processor
will be identified on your credit card statement as "Domain Name
Registration." We are not responsible for how charges appear on
your credit card statement when the transaction is processed by
your Primary Service Provider's or another third party's credit
card payment processor.
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge
that 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. As a convenience to you,
and not as a binding commitment, we and/or your Primary Service
Provider 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
or such other method as we may allow or require from time to time.
If you select automatic renewal of the Service(s), we may attempt
to renew the Service(s) a reasonable time before expiration, provided
your credit card or other billing information is available and
up to date. You acknowledge that it is your responsibility to
keep your billing information up to date and that we are not required
to, but that we may, contact you to update this information in
the event that an attempted transaction is not processed successfully.
*please note: for certain TLDs, the automatic renewal option is
not available
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME
WHOIS INFORMATION: As further consideration for the Service(s),
you agree to provide certain current, complete and accurate information
about you, both with respect to your account information and with
respect to the WHOIS information for your domain name(s). You
agree to maintain and update this information as needed to keep
it current, complete and accurate. With respect to you, the administrative,
technical, and billing contacts for your domain name registration(s)
and other Service(s), you must submit the following: name, postal
address, e-mail address, voice telephone number, and where available,
fax number. You agree that the type of information you are required
to provide may change and you understand that, if you do not provide
the newly required information, your registration or and/or other
Service(s) may be suspended or terminated or may not be renewed.
Not providing requested information may prevent you from obtaining
all Service(s). You may provide information regarding the name-servers
assigned to your domain name(s) and, if we are providing name-server
services to you, the DNS settings for the domain name. If you
do not provide complete name-server information, or if you purchase
"Name Only" Services, you agree that we may 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 or
until such time as you elect to upgrade from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND
WHOIS CONTACT INFORMATION: In the event that, in registering a
domain name or obtaining other Service(s), you provide information
about or on behalf of a third party, you represent 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) that you have obtained the third party's express consent
to the disclosure and use of that party's information as set forth
in this Agreement. By registering a domain name or applying for
other Service(s) you also represent that the statements in your
application are true and you also represent that the domain name
is not being registered or the Services being procured for any
unlawful purpose. You acknowledge that providing inaccurate information
or failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for suspension
or termination of Services to you. You further agree that your
failure to respond for over ten (10) calendar days to inquiries
by us concerning the accuracy of account and WHOIS contact information
shall constitute a material breach of this Agreement and will
be sufficient basis for suspension or termination of Service(s)
to you. As indicated elsewhere in this Agreement, you understand
that it is important for you to regularly monitor email sent to
the email address associated with your account and WHOIS contact
information because, among other reasons, if a dispute arises
regarding a domain name(s) or other Service(s), you may loose
your rights to the domain name(s) or your right to receive the
Service(s) if you do not respond appropriately to an email sent
in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY:
In order to change any of your account or domain name WHOIS information,
you must access your account with your Primary Service Provider
(if any), or your account with us. Please safeguard your account
login identifier and password from any unauthorized use. You agree
that any person in possession of you account login identifier
and password will have the ability and your authorization to modify
your account and domain name information. 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 that such reasonable precautions
include procedures for releasing account access information to
parties who claim to have lost account access information. You
agree that, if we take reasonable precautions in relation thereto,
that 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 THAT, EVEN IF WE FAIL TO TAKE REASONABLE
PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL
BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW
IN THIS AGREEMENT. If you contact us alleging that a third party
has unauthorized access to your account or domain names, you agree
that we may charge you administrative fees of $50 (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
names to you.
TRANSFERS: You agree that transfer of your domain name(s) services
shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that
we may place a "Registrar Lock" on your domain name services and
that 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. 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). Alternatively, you
should contact your Primary Service Provider to have your domain
name(s) services locked or unlocked or to obtain the EPP "AuthCode."
If your Primary Service Provider is unresponsive, you may contact
us to have your domain name(s) locked or unlocked or to obtain
the EPP "AuthCode" though we may first contact your Primary Service
Provider to request that the Primary Service Provider address
the request. 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 loosing
registrars as outlined in ICANN's transfer policies. Transfer
requests typically take five business days to be processed. 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. 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. AS A CONSEQUENCE,
YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER
IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION
TERM.
PRIVACY POLICY: You agree and consent that we will make available
the domain name registration information you provide or that we
otherwise maintain to the following parties: ICANN, the registry
administrator(s), and to other third parties as ICANN 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 hereby irrevocably waive any and all claims and causes of
action you may have arising from such disclosure or use of such
information. Additionally, you acknowledge that 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/index.html.
You agree that 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. One of the ways that we may make some or all
of the information you provide available to the public or third
parties is by way of bulk WHOIS data access provided to third
parties who enter into a bulk WHOIS data access agreement with
us. Please click here
if you would like your WHOIS information made available for bulk
access. We reserve the right to discontinue providing bulk WHOIS
data access to third parties.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that
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. You further agree and acknowledge that 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 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 domain name registration 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: You agree that, if you are registering a
domain name for or on behalf of someone else, you represent that
you have the authority to nonetheless bind that person as a principal
to all terms and conditions provided herein. You agree that if
you license the use of the domain name registered to you to a
third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and
providing (and updating, as necessary) both your own full contact
information, and accurate technical, administrative, billing and
zone contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain name
and domain name registration.
USE OF FREE SERVICES: In consideration for providing additional
optional Services for which we do not charge an additional fee,
including, but not limited to, URL forwarding, email forwarding,
free parking page, free website hosting, free email services,
or other services which we may introduce from time to time but
for which there is not a separate fee ("Free Services"), you agree
that, if you use such Free Services, we may display advertising
in conjunction therewith through the use of pop-up or pop-under
browser windows, banner advertisements, audio or video streams,
appendices to emails, or other similar advertising means, and
that we may aggregate related usage data by means of cookies and
other similar means. You agree that from time to time we may provide
you with free or low-cost domain name(s) services ("Promotional
Name(s)"). If we do so, the services for the Promotional Name(s)
will be placed in the same account as your other domain name(s)
and you will be listed as the registrant, though we may point
the Promotional Name to IP address(es)of our choosing. If you
want to assume control over the services provided to the Promotional
Name, including the right to transfer or push the Promotional
Name service to other registrars or other accounts or the ability
to control the DNS settings for the Promotional Name, you must
pay the promotional registration fee or renewal fee, if any, and
agree to the terms of this Agreement with respect to such Promotional
Name(s). If you do not want the Promotional Name services, you
may request that you be removed as the registrant of such Promotional
Names and we will be listed as the domain name registrant. Alternatively,
you may contact us or your Primary Service Provider to request
that we delete the Promotional Name from the namespace. For any
domain name services, including these Promotional Names, for which
you are listed as registrant but for which you do not pay the
registration or renewal fee, you agree that we may assign name-servers
to the domain name and point the domain name to IP address(es)
designated by us until the registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM 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, you acknowledge that we may 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 you acknowledge that we may either leave your WHOIS information
intact or that we may change the contact information in the WHOIS
output for the expired domain name so that you are no longer the
listed registrant of the expired domain name.
Reactivation Period Process. For a period of
approximately 30 days after expiration of the term of domain name
registration services, you acknowledge that we may provide a procedure
by which expired domain name registration services may be renewed.
You acknowledge and agree that we may, but are not obligated to,
offer this process, called the "reactivation period." You acknowledge
that 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. You acknowledge that we, for any reason
and in our sole discretion, may choose not to offer a reactivation
period and that we shall not be liable therefore. You acknowledge
that reactivation period renewal processes, if any, may involve
additional fees which we and your Primary Service Provider may
determine. You acknowledge and agree that we may make expired
domain name services(s) available to third parties, that we may
auction off the rights to expired domain name services (the auction
beginning close to the end or after the end of the reactivation
period), and/or that expired domain name registration services
may be re-registered to any party at any time.
After the reactivation period, you agree that
we may either (i) discontinue the domain name registration services
at any time thereafter, (ii) that we may pay the registry's registration
fee or otherwise provide for the registration services to be continued,
or, (iii) if we auctioned the domain name services to a third
party, that we may transfer the domain name registration services
to such third party.
In the case of (i), above, you acknowledge that
certain registry administrators may provide procedures by which
discontinued domain name registration services may nonetheless
be renewed. You acknowledge and agree that we may, but are not
obligated to, participate in this process, typically called the
"Redemption Grace Period" ("RGP"). You acknowledge that we, for
any reason and in our sole discretion, may choose not to participate
in the RGP process with respect to any or all of your domain name
registration services and that 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,
as the reactivation period applied to you. The typical RGP fee
is $160 plus any registration fees. You agree that we are not
obliged to contact you to alert you that the domain name registration
services are being discontinued.
In the case of (ii), above, you acknowledge that
we may then set the name-servers and the DNS settings for the
domain name services, that we 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 you acknowledge
that 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. You acknowledge that we
do not have to pay you any of the proceeds, if any, we may earn
as a result. You agree that we are not obliged to contact you
to alert you that the domain name registration services are being
continued. In this case, 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 a fee of $160 (US dollars) plus any registration
fees. After the end of the 120-day period, if you do not exercise
your rights under this provision, you agree that you have abandoned
the domain name services, and relinquish all rights and use of
the domain name services.
In the case of (iii), above, the third party
who won the auction for the domain name services will control
the domain name services, including control over the WHOIS information
and the DNS settings. You may recover the domain name registration
services for a period of up to 42 days after the end of the reactivation
period, as such reactivation period applied to you. You agree
that we are not obliged to contact you to alert you that the domain
name registration services are or were auctioned. You acknowledge
that we do not have to pay you any of the proceeds, if any, we
may earn as a result of such an auction. To exercise your rights
to recover auctioned domain name services, you must contact us
and provide us with a certified letter addressed to "Expiration
Recovery" and including documents setting forth your identity
and address, which identity and address must be the same as that
of the registrant as it was listed in the WHOIS information for
the domain name services prior to expiration, a copy of a commonly
accepted (in the United States) picture ID (such as a drivers
license or passport) which supports your identity and address
claim, a front and back photocopy of your credit card and you
must a statement authorizing payment of the reinstatement fee
to such credit card, which is $160 plus any registration fees.
In doing so, you must provide us with sufficient time to allow
us to receive and evaluate your documents and to contact the auction
winner prior to the end of 30 days after the end of the reactivation
period of the domain name services.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY
(1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION,
DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S),
INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES,
(3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN
RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7)
THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF
THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY
SERVICE PROVIDER WILL 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 OR YOUR PRIMARY SERVICE
PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'S MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION
OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED
DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE
PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED
BY LAW.
INDEMNITY: With respect to ICANN, the registry
operators, us, and your Primary Service Provider, as well as the
contractors, agents, employees, officers, directors, shareholders,
and affiliates of such parties, you agree to release, indemnify,
and hold such parties harmless from all liabilities, claims and
expenses, including attorney's fees and court costs, for third
party claims relating to or arising under this Agreement, the
Service(s) provided hereunder, or your use of the Service(s),
including, without limitation, infringement by you, or by anyone
else using the Service(s) we provide to you, of any intellectual
property or other proprietary right of any person or entity, or
from the violation of any of our operating rules or policies relating
to the Service(s) provided. When we may be involved in a suit
involving a third party and which is related to our Service(s)
to you under this Agreement, 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
required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT
THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, 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 SERVICE(S) INFRINGES THE LEGAL
RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT
ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT
OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) 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 SERVICE(S),
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. YOU UNDERSTAND
AND AGREE THAT 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 THAT 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 SERVICE(S) OR ANY TRANSACTIONS
ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). 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.
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 Washington, as if the Agreement
was a contract wholly entered into and wholly performed within
the State of Washington. You agree that any action brought by
you to enforce this Agreement or any matter brought by you and
which is against or involves us and which relates to your use
of the Services shall be brought exclusively in the United States
District Court for the Western District of Washington, or if there
is no jurisdiction in such court, then in a state court in King
County, Washington state. You consent to the personal and subject
matter jurisdiction of any state or Federal court in King County,
Washington state in relation to any dispute between you and us
under this Agreement. You agree that 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 acknowledge and agree that you shall
submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (a) of the domain name holder's
domicile, and (b) where we are located, currently Bellevue, W.A.
NOTICES: You agree that any notices required to be given under
this Agreement by us to you will be deemed to have been given
if delivered in accordance with the account and/or domain name
WHOIS information you have provided.
INFANCY: You attest that you are of legal age to enter into this
Agreement.
GENERAL: This Agreement and 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.
|
