psyhosting 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, psyhosting, 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. |