Legal
Registration Agreement
Introduction
This is an Agreement between “You” and Domain Research, LLC. In this Agreement (“Agreement”), “You” and “Your” shall refer to yourself as the customer and your agents, including each person associated with your account. “We”, “us” and “our” refer collectively to Domain Research, LLC. This Agreement explains the obligations between you and us, based on your purchase of services from us. By purchasing a service through us, you agree to establish an account with us and be bound by this agreement’s terms. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses your account, whether or not the transactions were on your behalf and whether or not the transactions were with your permission. You agree that our acceptance of any registration and/or transaction request made by you for services or products provided by us will occur in San Francisco, California, USA.
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Fees and Payment
As consideration for the services and products (“Services”) you purchase from us, you agree to pay us the applicable fees set forth on our web site at the time of your purchase, or if applicable, upon receipt of your invoice from us. You agree to pay us at the time service is provided. You agree that all payments of fees shall be made in United States dollars. You agree to pay all fees by providing a valid credit card for immediate charge by us. You agree that all fees are due immediately and are non-refundable, except as otherwise expressly stated in this Agreement. If for any reason we are unable to charge Your credit card for the full amount you owe to us, you agree that we may pursue any and all available remedies in order to enforce payment, including, but not limited to, immediate cancellation without notice to you of any service provided by us to you. You agree that we reserve the right to charge you, by charging to the credit card or web-based payment service account you have on file with us, or by sending you an invoice, additional service fees for administrative services above and beyond the scope of customer service issues ordinarily and reasonably handled by email, or for handling disputes that require legal services. You understand and agree that we have no obligation to commence services to you until we receive and successfully process your payment.
Term and Renewal
Unless otherwise specified on our web site or herein, each of our domain name registration services is for a one-year initial term, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process or on our web site. You will be notified of upcoming renewal dates via email, a minimum of 30 days before a domain registration reaches its expiration date. Any renewal of your services with us is subject to our then-prevailing terms and conditions. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of service. You acknowledge that it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your services are set to expire. 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. If for any reason you do not complete timely payment of fees in connection with your renewal transaction, your services will expire or be cancelled. If you select automatic renewal of your services, we may attempt to renew the services a reasonable time before expiration, for a term equivalent to your original registration, at our then-current prices, provided your payment information is available and up to date. If for any reason whatsoever, we are unable to successfully process any automatic renewal transaction, and you fail to remedy the problem, your services will expire. You agree that you are solely responsible for the payment information you provide to us and must promptly notify us of any changes or updates to your payment information (e.g., change of expiration date or account number). You acknowledge that we are not required to, but that we may, contact you to update your payment information in the event that an attempted transaction is not processed successfully. You understand and agree that we accept no responsibility and shall have no liability to you or any third party in connection with the renewal of services, including, but not limited to, any failure or errors in renewing such services, or losses or damages related to any cancellation, discontinuation, expiration, or termination of services as a result of such failures or errors in renewing such services. You understand and agree that you bear the sole responsibility of renewing your services with us by logging into your account and completing the renewal process, or by taking whatever actions are required or requested by us in order to complete the renewal process. In all cases, domain name renewal transactions are final, irreversible, non-refundable, and ineligible for account credit.
Information Accuracy
You agree to provide true, accurate, current, and complete information about your account as required by the registration and/or application process (“Account Information”). You agree to maintain and update your account information when purchasing services, in order to keep the information accurate, current, and complete. You agree to notify us within five (5) business days when there is a change to any of your account information. You agree to respond within five (5) business days to any inquiries we may make to determine the validity of any information provided by you. You understand that we rely on the account information to send you important information and notices regarding your account and our services. Failure by you for any reason to provide us with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information you provide, shall be considered a material breach of this Agreement.
Time of Entry Disputes
In the event of any dispute concerning the time of the entry of a Registered Name into a Registry Operator’s System (e.g. the date and time when a domain name is registered), the timestamp shown in the Registry System shall be authoritative.
Privacy and Information Use
You agree to be bound by our privacy policy that is incorporated herein by reference, and that is located on our web site at https://domainr.com/about. You agree that we, in our sole discretion and at no liability to you for any resulting loss or damage, may modify our privacy policy. Revised privacy policies will be posted on our web site at the above link. You agree that, by using our services or maintaining any domain name registered through us, after modifications to our privacy policy have become effective, You have agreed to these modifications. You agree to periodically review our web sites to make yourself aware of any such revisions or changes. You agree that, if you do not agree to any modification, you may terminate this Agreement without refund or credit to you of any fees paid by you to us.
You agree that for each domain name you register with us, the following information will be made publicly available in ICANN’s WHOIS directory, may be shared with third parties, and may otherwise be made publicly available by us: (1) the domain name registered; (2) your name and postal address; (3) email address, postal address, telephone and facsimile numbers for your designated technical and administrative contacts; (4) internet protocol (“IP”) numbers for the primary and secondary name servers, and corresponding names of such name servers; and, (5) the date of registration and expected expiration date. In addition, you agree that for each domain name you register with us, your personal data associated with your domain registration will be shared with a third party data escrow service, in compliance with ICANN regulations, such as Iron Mountain Digital or another data escrow service provider. You further agree that for each domain name you register with us, your personal data associated with your domain registration will be shared with the applicable central registries.
You understand and agree that we shall take reasonable precautions to protect your personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. By using our services or maintaining any domain name registered through us, you understand and agree that we shall not be liable in any event for any direct, indirect, incidental, special or consequential damages resulting from, related to, or arising out of (1) a technical malfunction and/or, (2) your decision to post your personal data on our public webpages of our website.
Account Security
To access or use our services or to modify your account, you may be required to establish an account and obtain a user name, account ID and/or number, and/or password. You authorize us to process any and all account transactions initiated through the use of your password or other account information. You agree that you are solely responsible for maintaining the confidentiality of your password and account information. You agree to immediately notify us of any unauthorized use of your password and/or your account, or any other breach of security. You agree to participate in any and all security features made available to you by us, including but not limited to Secret Questions, locking features, or other security mechanisms, by providing complete, accurate, and truthful information. You agree that, if you participate in a security mechanism that results in a charge, fee, and/or liability imposed by a third party (e.g., text messaging charges from a mobile telephone provider resulting from the use of our Account Lock Feature), You are solely responsible for such charges, fees, and/or liabilities. You also agree that you are solely responsible for any and all charges, liabilities, and/or activities that occur on your account, whether initiated by you, by others on your behalf, or unauthorized, or by any other means. You agree that in no event shall we be liable for any loss whatsoever that you may incur as a result of someone else using your password, account, and/or account information, either with or without your knowledge or consent. You further agree that you could be held liable for any losses incurred by us or another party due to someone else using your password, account, or account information. We specifically disclaim any liability for any activity occurring on your account, whether authorized by you or not.
Right of Refusal, Service Cancellation, Acceptable Use Policy
You agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may refuse to accept or may delete the registration, application and/or transaction request of any service you may purchase through us. In the event we refuse or delete your registration, application and/or transaction request for a service through us within the times specified in the applicable sections of this Agreement, we may issue an account credit of any applicable fee(s) you have paid to us in connection with the registration being refused or canceled.
You further agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may delete, suspend, cancel, terminate, or otherwise interrupt any and all services you may purchase through us, or your customer account with us, at any time during the term of this Agreement, if such service or account is used in association with morally objectionable activities.
Morally objectionable activities include, but are not limited to, the transmission of unsolicited mail or “spam”; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities that promote unlawful behavior, such as hate crimes, terrorism, or child pornography; activities that are designed to or that effectively defame, slander, harass, embarrass, threaten, abuse, or harm third parties; activities that impersonate the identity of any third parties; activities that are harmful to minors in any way; activities that constitute fraud or that have a fraudulent purpose; activities that are designed to or that effectively infringe upon the copyright, trademark, trade secret, or other intellectual property rights of a third party; and activities that constitute or promote obscenity, profanity, indecency, tortuous behavior, racism, bigotry, hatred, vulgarity, harassment, invasion of privacy or publicity rights of a third party, or physical harm of any kind against any group or individual; activities that distribute malware, operate abusive botnets, engage in phishing, piracy, trademark infringement, copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable Law; or any other objectionable material or activity of any kind or nature as we in our sole discretion may determine.
You agree that any use of your account with us, whether or not on your behalf and whether or not with your permission, in association with any morally objectionable activities shall constitute a material breach of this Agreement. In the event that we delete, suspend, cancel, terminate, or otherwise interrupt any service to you or your customer account for use in association with morally objectionable activities, any and all fees paid to us shall be non-refundable and ineligible for account credit.
Intellectual Property
Except as otherwise set forth herein, you agree that all rights, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, and software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of our services identified herein (“Domain Research Intellectual Property Rights”) are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such Domain Research Intellectual Property Rights. You acknowledge that no title to the Domain Research Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in our or our licensors’ services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by us and all right, title and interest in and to each such Derivative Work shall automatically vest in Domain Research. We shall have no obligation to grant you any right in any such Derivative Work.
Representations and Warranties
You agree and warrant that: (i) You have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (ii) You are of legal age to enter into this Agreement, (iii) neither your registration, application, and/or transaction request, nor use of any of our services, nor the manner in which you intend to use our services will directly or indirectly infringe the legal rights of a third party; and, (iv) You agree to comply with all applicable laws and regulations. You further agree that we shall not be bound by any representations made by any third party who you may use to obtain services from us. You understand and agree that any statements of a general nature which appear in our promotional materials, including but not limited to its web site, emails, account notices, or advertisements, shall not bind us.
Warranty Disclaimer
You agree that the use of our services is solely at your own risk, and that our services are provided on an “as is” and “as available” basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE CORRECTNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE USE OF OUR SERVICES OR THROUGH ANY TRANSACTION ENTERED THROUGH THE USE OF OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED, ACCESSED, OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR ADVICE YOU OBTAIN FROM US OR THROUGH THE USE OF OUR SERVICES DOES NOT CREATE ANY WARRANTY AND THAT YOU MAY NOT RELY ON SUCH INFORMATION AND ADVICE.
Agreement Termination
You agree that, should you cancel or terminate this Agreement with us, you will not receive any refund or credit of any fees you may have paid to us, except as otherwise expressly stated herein. Should you elect to cancel or terminate this Agreement with us, You agree to provide at least thirty (30) days written notice to us in the manner prescribed in this Agreement.
You agree that we may terminate this Agreement or any part of its services at any time, and without notice to you, in the event of a breach of this Agreement or if termination is or becomes required by any policy of ICANN. You agree that your failure to completely comply with the provisions of this Agreement or any rule or policy of ours may constitute a material breach of this Agreement. Should er cancel, discontinue, or terminate your account, this Agreement, or any services it provides to you as a result of any breach of this Agreement, no fees will be refunded or credited to you. Our failure to notify you or act upon any possible breach by you, shall not excuse you from the breach and shall not constitute a waiver of our right to notify you or act upon such breach at a later time.
Modification
You agree that, during the term of this Agreement, we may (1) revise the terms and conditions of this Agreement from time to time; and/or, (2) change the services it provides under this Agreement at any time. You agree to be bound by any such changes and revisions when such changes become effective. Any such changes or revisions shall become binding and effective thirty (30) days after posting of the revised Agreement on our web site or change to the services on our web site, or upon notification to you by email. You agree to periodically review our web site to make yourself aware of any such revisions or changes. If you do not agree with any revision or change to this Agreement, you may terminate this Agreement at any time by providing us with written notice, and you agree that any fees paid by you to us are non-refundable and ineligible for credit.
You understand and acknowledge that are are an approved domain name registrar bound by an agreement between itself and the Internet Corporation for Assigned Names and Numbers (“ICANN”), and bound by various agreements between itself and various central registries for top-level domain names. You agree that we may modify this Agreement in order to comply with applicable law and the terms and conditions required by ICANN or any such central registry.
Assignment
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, or otherwise, renders this Agreement voidable at our discretion.
Limitation of Liability
You agree that our entire liability, and your exclusive remedy in law, in equity, or otherwise, in connection with any service provided to you by us under this Agreement and/or for any breach of this Agreement by us shall be limited to the amount of the fees you paid to us for the particular service during the term of this Agreement. WE PROVIDE OUR SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM, RELATED TO, OR ARISING OUT OF THE USE OR INABILITY TO USE ANY OF OUR SERVICES OR FOR THE EXPENSE OF OBTAINING ALTERNATE SERVICES. To the extent that the laws of certain states do not permit the limitation or elimination of liability for certain types of damages, our liability shall be limited to the smallest amount permitted by law in such states.
You understand and agree that we disclaim any loss or liability resulting from:
- access delays or access interruptions to our web site or domain name registration system;
- data non-delivery or data mis-delivery;
- acts of God;
- the unauthorized use or misuse of your account or any of the services provided to you by us;
- the inadvertent disclosure or theft of your personal information;
- errors, omissions, or misstatements in any and all information by us;
- the deletion of, failure to store, or failure to process or act upon email messages or other mail;
- the development or interruption of your web site or your our web site;
- errors in connection with the processing of your application;
- the processing of updated information to your account;
- the application of our or any Registry Operator’s dispute resolution policy;
- the loss of registration, processing of, or use of any domain name;
- the failure to renew the right to use a domain name, for any reason;
- the failure or processing of any transfer request, for any reason;
- any corrective action we may take on your customer account or services provided by us to you as a result of your violation of any term of this Agreement;
- any act or omission, whether authorized by you or not, that is caused by you or your agent;
- any rejection, cancellation, suspension, interruption, or termination of services provided by Registry Operators or third party vendors for any reason whatsoever; or
- submission of proposed registration requests to Registry Operators, including without limitation, your ability or inability to obtain a particular domain name.
Indemnification
You agree to release, indemnify, defend, and hold us harmless, and any of our contractors, agents, employees, officers, directors, shareholders, members, affiliates, and assigns from and against any losses, liabilities, claims, damages or costs, including reasonable attorneys’ fees and expenses, relating to or arising out of your registration, application, transaction request, resale, or use of services provided by us and your account with us, whether by you, your agent, or anyone else, whether or not on your behalf, and whether or not with your permission. Should we be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide such written assurances may be considered a material breach of this Agreement. You agree that such indemnification obligation shall survive the termination or expiration of this Agreement.
Severability
If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.
Notices
You agree that all notices concerning breach of this Agreement may be sent to the email address you provide to us or mailed by first class postage to the postal address you provide to us. Such notices shall be deemed delivered within five (5) days after the date sent. You agree that all other notices may be posted on our web site and shall be deemed delivered within thirty (30) calendar days of posting.
You agree that all notices from you to us shall be sent by email or by first class postal mail to the address provided on our web site, which shall be deemed delivered five (5) days after the date sent. In no event may notices be made by telephone. You authorize us to notify you as our customer of information that we deem is of potential interest to you, including commercial emails, telephone calls, notices of changes, upgrades, new products and services, or other information pertaining to Your account.
Governing Jurisdiction
You agree to submit to the jurisdiction of the courts of 1) the Registered Name Holder’s domicile and 2) the domicile where we are located.
Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of ours. Waiver of any one provision of this Agreement by us shall not constitute a waiver of any other provision of this Agreement, and shall not affect our right to require performance, enforce, or seek all legally available remedies for breach of any other provision of this Agreement.
Entire Agreement
This Agreement, and any rules, policies, or documents incorporated by reference in this Agreement, including, but not limited to, the dispute resolution policy and the privacy policy, constitutes the complete, entire, and exclusive Agreement between you and us regarding our services. No other Agreements or understandings, whether written, oral, or by custom, habit, practice or policy, affect the scope or applicability of this Agreement.
By registering, applying, and/or requesting a service with us, or by using services provided by us, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any rules, policies, or documents incorporated by reference.
Force Majeure
Neither party shall be deemed in default or shall hold the other party responsible for any failure or delay in the performance of its obligations under this Agreement in the event of an Act of God, earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall have given prompt written notice to the other party of such event within five (5) days within the occurrence of such event, and shall have taken all reasonably necessary steps to mitigate the effects of the event. Should the force majeure event persist for a period of more than thirty (30) days, we may at its option terminate this Agreement.
Term of Domain Registration
Unless otherwise specified on our web site, each domain name registration with us is for a one-year initial term. However, some domain names may be registered for a term of up to ten years, as set forth on our web site. Renewal notices for domain name registrations will be sent out by email.
Dispute Resolution
You agree to be bound by ICANN’s dispute resolution policy. You agree that we, in its sole discretion and at no liability to you for any resulting loss or damage, may modify our dispute resolution policy at any time, without notice. Revised dispute resolution policies will be posted on our web site and are effective immediately. You agree that, by maintaining any service through us, after modifications to our dispute resolution policy have become effective, you have agreed to these modifications. You agree to periodically review our web site to make yourself aware of any such revisions or changes. You agree that, if you do not agree to any modification, you may terminate this Agreement without refund or credit to you of any fees paid by you to us.
For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a domain name registered with us or your use of our services, you (but not us) agree to submit to subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the Northern District of California and the courts of Your domicile. You agree that in the event a dispute arises with any third party, you will indemnify, defend, and hold us harmless pursuant to the terms and conditions set forth in this Agreement. You agree that, if we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our services, you will not make any changes to your account or services without our prior approval, and that we may take whatever action we deems necessary, in our sole discretion, regarding modification, assignment and/or control of the service or account. You understand and agree that, if we are notified of a complaint or dispute concerning or arising from your use of a domain name registered with us or your use of our services, we may submit a Registrar Certificate or relinquish custodianship and/or control over a domain name, service, or account to a judicial or administrative body, as it deems necessary, in our sole discretion. You understand and agree that we will comply, if so obligated, with all court orders, domestic or international, directed against you and/or the domain name registration.
Expiring Domains
Post-Expiration Period
If you fail to renew your domain name before the designated expiration date, you understand and agree that the domain name registration will enter a “Post-Expiration period”. During the Post-Expiration period, we will place the domain on Hold and you will lose access to and use of the domain, and any web site operating at the expired domain will have its name servers suspended. In addition, you will not be able to transfer the domain to another registrar or to change the registrant information. Further, you will lose any and all rights in, or claim to, any revenue generated from domain parking services, if any, beginning from the date of expiration of the domain name registration. You understand and agree that, at the start of the Post-Expiration period, we will provisionally renew the domain on your behalf in order to preserve your ability to renew the domain name registration during the Post-Expiration period. To this end, even though the expiration date may appear to be extended for an additional term in ICANN’s WHOIS directory, you understand and agree that you in fact have not renewed the domain name, and therefore have no rights in, or claim to, the domain name, or use thereof, until you pay the renewal fee to us in the amount specified on our web site. Unless otherwise specified in this Agreement, the Post-Expiration period will last for forty (40) days or until you pay the renewal fee to us in the amount specified on our web site. You understand and agree that, if you have not renewed the domain by the thirtieth (30th) day of the Post-Expiration period, we may put the domain name up for auction in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, you may still renew the domain until the end of the Post-Expiration period. If you fail to renew the domain during the Post-Expiration period, regardless of reason or fault, you understand and agree that we may, in our sole discretion and without any responsibility or liability to you, make a final and irreversible transfer of the domain to another party. In such cases, there is no Deletion period.
Deletion Period
After the Post-Expiration period has elapsed, and if the domain has not been sold at auction in the Marketplace, the domain name may be flagged for Deletion with the central registry for a period of thirty (30) days (“Deletion period”). During this Deletion period, you may restore your domain by paying a Restoration fee to us, in the amount specified on our web site, and is subject to change under this Agreement or as specified on our web site at the time of restoration. Domain restoration transactions are final, irreversible, non-refundable, and ineligible for account credit. If you successfully restore an expired domain before the end of the Deletion period, you cannot transfer the domain for a period of sixty (60) days. If you fail to restore the domain by the end of the Deletion period, the domain name registration will be deleted from the central registry and released to the public. You understand and agree that there is no Deletion period where: (a) a domain has been sold at auction and transferred to the winning bidder; or, (b) the central registry restricts the ability to restore certain domain extensions.
Transfers After Renewals During Post-Expiration Period
You understand and agree that if you transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed within forty-five (45) days following the domain expiration date and transferred within that same forty-five day period. You understand and agree that we are not responsible or liable for this lost year, and that we will not refund or credit that lost year to you.
Service Interruption
You agree that we may suspend, cancel, or transfer your registration of a domain name in order (i) to correct mistakes made by us, another registrar, or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute resolution policy.
In the event that we refuse the registration of your chosen domain name or delete a pending registration of your domain name within the first five (5) days of registration of such domain name, you may receive, at our sole discretion, an account credit or refund for any applicable fee(s) you have paid to us in connection with the registration being refused or canceled, less the applicable deletion fee. Account credit or refunds are not available in all circumstances, including but not limited to, where a domain is Restored or renewed.
You further agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of your domain services and/or deletion, suspension, cancellation, termination, or other interruption of domain services or your customer account with us, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by you or your end users, or if such service or account is used in association with morally objectionable activities, or for any reason whatsoever. In such cases, any and all fees paid to us will be non-refundable and ineligible for account credit.
Domain Transfers
The following additional terms and conditions contained in this section apply where a Registered Name Holder requests to change its registrar of record for an existing domain name registration. You agree to pay any and all fees to us as set forth on our web site.
Procedure for Transfers
For each instance where a Registered Name Holder wants to change its registrar for an existing domain name, we require the following:
- Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name Holder, as reflected in the database of the registrar that is losing the domain name registration.
- In instances where the registrar of record is being changed simultaneously with the transfer of a domain name from one party to another, the registrar gaining the domain name registration will require submission of appropriate authorization for the transfer. Such authorization includes, but is not limited to, one of the following:
- A bilateral agreement between the parties.
- The final determination of a binding dispute resolution body.
- A court order.
Denial of Transfers
You agree that we may, in our sole discretion, deny any request for transfer of any domain name from another domain name registrar to us. You understand and agree that, if you attempt to transfer a domain name from another domain name registrar to us, and that transfer attempt fails for any reason, you may receive, at our sole discretion, an account credit with us or a refund in the amount of the registration fee. You agree to assume full and complete responsibility for, and agree that we shall have no responsibility or liability for, any instance where the other domain name registrar involved in the transfer denies your transfer request. You understand and agree that, if you attempt to transfer a domain name from us to another domain name registrar, and that transfer attempt fails for any reason, we shall have no responsibility or liability to you for refunding or crediting any fees or funds you may have paid to any party for attempting the transfer.
Instances when a transfer request may be denied include, but are not limited to:
- Situations described in our dispute resolution policy;
- Court order by a court of competent jurisdiction;
- Dispute over the identity of the Registered Name Holder or Administrative Contact;
- Evidence of fraud;
- Request to transfer the domain name occurs within the first 60 days after (i) the initial registration of the domain name, (ii) the completion of a transfer (change of registrar) of the domain name, or (iii) the Restoration of an expired domain name;
- Request to transfer the domain name occurs after the Post-Expiration period;
- The domain name registration is locked or on “hold” status with the current registrar;
- Objection to the transfer from either the Registered Name Holder or the Administrative Contact for the domain name;
- Failure to make payment (including any payment reversals and charge backs) to the current registrar for the domain name’s previous registration period if the domain name is past its expiration date, or for the previous or current registration period if the domain name has not yet expired.
Transfers After Renewals During Post-Expiration Period
You understand and agree that if you transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed within the forty-five (45) days following the domain expiration date and transferred within that same forty-five day period. You understand and agree that we are not responsible or liable for this lost year, and that we will not refund or credit that lost year to you.
Authorization Emails
You understand that we will seek transfer authorization from the domain name’s Administrative Contact via the email address listed in the public WHOIS database. You agree that you are solely responsible for maintaining and updating the Administrative Contact’s email address.
Additional Provisions for Transfers To Domain Research
You agree that we will have no responsibilities as registrar of the domain name unless and until we send you or the updated registrant, as appropriate, notice of acceptance of the transfer request. You authorize us to take all actions necessary to become the registrar for the domain name, including transmitting to the central registry a request to change the registry database to reflect us as the registrar of record. You agree that we shall not be responsible for any legal obligations you may owe to any third party, including the other registrar involved in the transfer. You agree that you shall not be entitled to any refund or credit from us for any fees or funds you may have paid to the other registrar involved in the transfer. You represent and warrant that:
- The information provided to us in connection with your transfer request is accurate and complete;
- You are the rightful holder of the domain name registration;
- The registrar of record for the domain name at the time of the request is the current registrar; and,
- You are not in default on any obligations you may owe to the current registrar or to us.
Additional Provisions for Transfers Away From Domain Research
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us. Your request to transfer to another registrar may be denied in situations described in this Agreement. In the event you transfer a domain name registration away from us, you agree that you will not receive any refund or credit for any fees or funds previously paid to us, whether or not there is time remaining on the domain registration period at the time of the transfer.
Other Terms and Conditions
You agree to be bound by any and all other terms, conditions, exclusions, and/or restrictions in this Agreement concerning the transfer of domain name registrations. This transfer policy is subject to ICANN’s transfer policies, and we will follow those procedures where applicable.
Ownership Transfers
General
The following additional terms and conditions contained in this section apply to any change in the registrant or account holder’s name for a domain name registered with Domain Research, including but not limited to transfer of ownership of a registered domain name from one party to another party. These terms and conditions apply to you, whether you are the registrant before the name change (“Current Registrant”) or after the name change (“New Registrant”), or an agent acting on behalf of either registrant. By participating in this name change transaction, you acknowledge that you have read, understand, and agree to be bound by these terms and conditions in addition to other terms and conditions set forth in this Agreement. In addition, by participating in this name change transaction, you acknowledge and agree that our sole responsibility under this section is to electronically process a change in the name of the registrant of record for a particular domain name. Furthermore, by participating in this name change transaction, you represent and warrant that you are the Current Registrant or New Registrant, as appropriate, or its agent, who possesses the right, power, legal capacity and authority to legally bind the Current Registrant or New Registrant of the domain name being transferred.
Obligations of Current Registrant
Current Registrant acknowledges that it and Domain Research are currently parties to the Agreement for the registration of the domain name being transferred. Current Registrant relinquishes its registration of the domain name being transferred, and hereby releases and discharges Domain Research from any and all obligations and liabilities under this Agreement with respect to the domain name being transferred. Current Registrant acknowledges and agrees that it is not entitled to any refund or credit of any fees or funds previously paid to us. Current Registrant authorizes us to take any and all steps necessary to register the domain name being transferred to the New Registrant, including, without limitation, disassociating the domain name from the host servers designated by the Current Registrant without further notice. Current Registrant agrees to not initiate any name change transaction, as described in this section, for any domain name registered with us without the express written consent of New Registrant.
Obligations of New Registrant
By participating in this name change transaction, New Registrant acknowledges that it has reviewed, understands, and agrees to be bound by and to perform in accordance with the terms and conditions of this Agreement in effect at the time of this name change transaction, including our domain name dispute policy and other policies and procedures as posted on our web site. New Registrant hereby agrees that all rights and liabilities of Current Registrant under this Agreement are hereby transferred and assigned to New Registrant. New Registrant represents and warrants the accuracy and completeness of all information submitted for this name change transaction. New Registrant acknowledges and agrees that the term of the domain name registration will be equal to the remaining term of the Current Registrant at the time of the name change transaction. New Registrant may extend the domain name registration term by renewing the domain name as specified in other sections of this Agreement.
Liability for Validity of Ownership Change
You, as either Current Registrant or New Registrant, agree to assume full and complete responsibility for, and agree that we shall have no responsibility or liability for, the legal validity of the ownership change of the domain name.
Privacy and Communications Concerning Ownership Changes
You, as either Current Registrant or New Registrant, agree and give consent to us to transmit emails, relay communications, and place logs and status updates in your account information, or that of the other party or parties involved in a name change transaction (“Other Party”), concerning any name change transaction to which you may be a party. You or the Other Party may receive information or communications concerning the Current Registrant or New Registrant, as the case may be, including but not limited to account holder’s username, registrant name, address, telephone number, email address, domain name being transferred between owners, initiation of a name change transaction, successful completion of a name change transaction, failure to authorize a name change transaction, dates of activity, and other information or communications relating to the name change transaction. You agree that we shall not be responsible for any incorrect or inaccurate information supplied by you or the Other Party in connection with a name change transaction.
Account Lock
The following additional terms and conditions contained in this section apply where you enable enhanced security features to help prevent the theft or hijacking of domain names from your customer account, and to help protect certain account information from unintended modification to aid against account theft (“Account Lock Feature”). By using the Account Lock Feature, you understand and agree to the restrictions and rules of use stated herein and on our web site, as well as any future modifications thereto.
Requirements
You understand and agree that, in order to utilize the Account Lock Feature, you must have or provide at your own expense: (1) a mobile telephone device with text messaging capability, and (2) a mobile telephone service package with text messaging service enabled, as provided by a third party. You acknowledge and agree that we do not provide any services or devices for mobile telephone use or text messaging.
Mobile Telephone Number Verification & Enabling the Feature
You understand and agree that, in order to utilize the Account Lock Feature, you must first verify your mobile telephone number by logging on to your Domain Research account and following the instructions therein. You understand and agree that, in order to verify your mobile telephone number as a precondition of enabling the Account Lock Feature, you must direct our system to send a text message to your mobile telephone device. You understand and agree that the text message will contain a code, which you must enter into our system when prompted in order to complete the verification process. You understand and agree that you must repeat the above-described procedure each time you wish to enable or disable the Account Lock Feature. You understand and agree that each code, which is generated from our system, is valid for a limited time period (approximately one hour, or as otherwise stated on our web site). You understand and agree that we bear no liability or responsibility for your inability or failure to successfully utilize the code within the time period of validity, regardless of fault or reason.
Customer Responsible for Service and Text Messaging Fees
You understand and agree that all mobile telephone service and text messaging fees and charges are your sole responsibility. You agree that we will not reimburse or pay any such fees or charges to you or to any third party under any circumstances. You agree that, if we are made to pay any such fees or charges, as the result of any court or administrative proceeding, or by any other reason, you will reimburse us for any fees or charges paid by us, plus all of our associated attorney’s fees and costs. You further agree that we may recoup these monies by charging the credit card or other payment method we have on file for your account, or pursue any and all available remedies in order to enforce payment, including, but not limited to, immediate cancellation without notice to you of any service provided by us to you.
Abuse
You understand and agree that you shall not use the Account Lock Feature to send text message spam or to conduct any other activities that we deem in our sole discretion to constitute abuse of its services, whether such activities are done intentionally or negligently. You acknowledge and agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may take immediate corrective action, including, but not limited to, deletion, suspension, cancellation, termination, or other interruption of any or all of services to you or your customer account(s) with us. In all such cases, any and all fees paid to us shall be non-refundable and ineligible for account credit.
No Guarantees; Limitation of Liability
You understand and agree that our system will make a reasonable effort to send a text message to the mobile telephone number you provide, but does not guarantee that you will successfully receive it. You understand and agree that your mobile telephone service provider is solely responsible for the proper operation of mobile telephone and text messaging services to you. You understand and agree that use of the Account Lock Feature does not guarantee that theft or hijacking cannot or will not occur to your customer account. You understand and agree that we make no guarantees, or representations thereof, that the Account Lock Feature provides ironclad protection from domain theft, account theft, or other misuse of your domains or account. In no event shall we be liable for any damages arising from or relating to your use of the Account Lock Feature, without limitation. In no event shall we be liable for any unauthorized use of the Account Lock Feature, or of your mobile telephone device or text messaging service. You understand and agree that we bear no responsibility for the security of your mobile telephone device or text message content thereon. You understand and agree that we provides the Account Lock Feature as an additional security feature that, when utilized correctly by you, merely assists in deterring and preventing domain or account theft, but does not assure it. You understand and agree that you remain at all times solely responsible for the security of your customer account, and any domain names or other services within the account, as well as the security of your mobile telephone device and any text message content received thereon.
General Requirements
You shall provide to us accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.
Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to Registrar within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration
Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
Indemnification
You agree to indemnify, defend, and hold harmless Registry Operators, its subcontractors, and the members, shareholders, directors, officers, employees, affiliates and agents of 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. You also agree that such indemnification obligation shall survive the termination or expiration of this Agreement.
You acknowledge and agree that Registry operator reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
You agree that Registered Name Holder assumes all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.
Registry Provisions
fTLD, Registry Operator for .bank & .insurance
Registered name holders:
- are required to comply with Registry Operator’s Security Requirements.
- acknowledge and agree that Registry Operator reserves the right to deny, cancel or transfer any Registered Name registration.
- shall agree and comply with Registry Operator’s policies and procedures, as they may be instituted or updated from time-to-time and published on the Registry Operator’s website.
- shall indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action, or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder’s domain name registration. The Registration Agreement shall further require that this indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
- acknowledge and agree to comply with Registry Operator’s Operational Requirements, including its Resources page, Registrar FAQ, .bank FAQ, and .insurance FAQ.
- shall abide by all applicable national, state or local laws, regulations or court orders in relation to the operations and registrations of fTLD.
- acknowledge that Domain Research has no access to any of the Registry Operator’s Registry System that is superior to that of any other registrar accredited with fTLD.
- acknowledge that Domain Research adheres to all Public Interest Commitments (as set forth in Specification 11 to the ICANN Registry Agreement, as amended from time-to-time) and community registration policies (as set forth in Specification 12 to the ICANN Registry Agreement, as amended from time-to-time).
- are prohibited from using privacy or proxy registration services in registering or maintaining domain name registrations with fTLD, as provided in Registry Operator’s Security Requirements and Operations Pledge.
- shall take all necessary action(s) as directed by Domain Research or fTLD in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by fTLD in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
- acknowledge that fTLD’s non-standard domains have non-uniform registration and renewal pricing.
- are required to use a multi-factor authentication method to sign into Domain Research user accounts: username, password, and an additional factor such as a single-use TOTP code generated via a mobile app or a security key.
.career
Registered name holders:
- agree to the .career Registry-Registrant Agreement, as posted at Registry Operator’s website and as amended from time to time at the sole discretion of Registry Operator;
- acknowledge and agree that Registry Operator reserves the right, in its unlimited and sole discretion, to revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, including placing any domain name(s) on registry lock, hold or similar status, without any notice thereto: (1) in the event of non-compliance by the Registered Name Holder with any provision of the Registrar-Registrant Agreement, the .career Registry-Registrant Agreement, specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; (2) to correct any mistakes made by Registry Operator, Registrar or any third party in connection with a domain name registration, or (3) for the non-payment of any fees due to Registry Operator;
- consent to the collection and use of Personal Data; and
- indemnify, defend and hold harmless RSP, Registry Operator and its subcontractors, shareholders, directors, officers, employees, affiliates and agents of 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 the Registered Name Holder’s domain name registration. The Registrar-Registrant Agreement shall further require that this indemnification obligation survive the termination or expiration of the Registrar-Registrant Agreement.
.co
All disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .CO TLD between Registrant and Domain Research shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Colombia.
You agree that neither Registrar’s acceptance of the Applicant’s registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.
.health
The data provided in the domain name registration application is true, correct, current and complete and Applicant will ensure that all such information is kept up to date;
Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person or entity;
The domain name is not being registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable Law, including, without limitation for the submission of unsolicited bulk e-mail, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and
The Applicant has the full power and authority to enter into the Registration Agreement on behalf of the person or entity that will be the Registrant and will be responsible for any errors, falsifications or omissions of information.
This agreement expressly prohibits the distribution of malware, abusive operation of botnets, phishing, piracy, trademark infringement, copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable Law, and include consequences for such activities consistent herewith and applicable Law, including suspension of the registration;
This agreement expressly requires that Applicants and Registrants comply with all applicable Laws at all times, including, without limitation, Laws relating 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;
This agreement expressly requires Registrants that collect and maintain sensitive health and financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable Law;
This agreement expressly states that a Registrant’s registration of any Registered Name or an Applicant’s application for a registration may be cancelled if Registry Operator or Registrar determines that Registrant or Applicant has provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event Registrant or Applicant violates any of the terms of the Registration Agreement;
This agreement expressly requires Applicants and Registrants to be bound by and comply with all Registry Operator Policies (including, without limitation, the Registry Operator Privacy Policy), as the same may be modified, supplemented, amended, or replaced from time to time, and to subject themselves to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Registry Operator, as the same may be modified, supplemented, amended, or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders;
This agreement expressly state that Applicants and Registrants consent to Registry Operator’s collection and use of their Personal Data consistent with the Registry Operator Privacy Policy and other applicable terms of this Agreement.
This agreement expressly states that Registrant’s registration of any Registered Name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Registry Operator’s security or registration policies or as a result of a dispute resolution;
This agreement expressly states that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Registry Operator, ICANN, or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database for the Registered Name and require Registrant to represent and warrant that the designated administrative contact is authorized to receive all such communication and information;
This agreement includes an express authorization from Registrants for Registrar and Registry Operator to publish the following information in the WHOIS database and elsewhere:
- Names, addresses, telephone numbers and email addresses of the Registrant and Registrant’s designated administrative contact;
- Name, address, telephone number and email address of the Registrant’s technical contact;
- Name, address, telephone number and email address of the Registrant’s billing contact; and
- Dates related to the creation, last update and expiration of the Registered Name;
This agreement expressly provides that all disputes, claims and controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Health TLD between Applicant and/or Registrant on the one hand and Registry Operator on the other be governed exclusively by the Laws of the State of Florida and, if applicable, the Laws of the United States of America, and that any such disputes, claims or controversies will be brought and heard exclusively in the state or federal (if a basis for federal jurisdiction exists) courts located in Miami, Florida;
This agreement expressly specifies the jurisdiction whose Laws will govern all disputes, claims and controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Health TLD between Applicant or Registrant on the one hand and Registrar and/or any Reseller on the other, which jurisdiction must be either (A) the State of Florida, or (B) the jurisdiction in which the principal office (or residence for individual Registrants) or place of organization/incorporation of either Registrar or Registrant is located;
This agreement expressly requires Registrant to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any website associated with the Registered Name.
This agreement expressly states that neither Registrar’s acceptance of the Applicant’s registration request nor the actual registration of any Registered Domain will be deemed an indication that Registry Operator, Registrar or ICANN has made any determination regarding the legality of the registration, the extent to which Registrant’s registration and exclusive right of use and enjoyment of the Registered Name may violate any applicable Laws or infringe on the rights of any other person or entity, and that neither Registry Operator, Registrar, nor ICANN will have any liability or responsibility arising therefrom;
This agreement states that Registrant will be the only person authorized to: (A) transfer the registration for any Registered Name; (B) update or change any information related to the registration (though the designated technical contact will be authorized and able to change the date related to DNS servers); or (c) request the permanent cancelation of the registration of a Registered Name; and
Registrant represents and warrants that Registrant has read, understands and agrees to be bound by the following ICANN policies, as they may be modified, supplemented, amended, or replaced from time to time, all of which are hereby incorporated into and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy
- The Uniform Rapid Suspension Procedure and Rules; and
- The Transfer Dispute Resolution Policy; and
This agreement expressly requires Registrants of any letter/letter two-character ASCII label domain name to represent and warrant that such Registrant will take steps to ensure against misrepresenting or falsely implying that Registrant or its business is affiliated with any government or country-code manager if such affiliation, sponsorship or endorsement does not exist.
.in
All registrants of .in domain names will be bound by the following terms and conditions, which may be amended by .IN Registry from time to time.
Contact Details
The Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name, including: the full name, postal address, email address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes, in case of a Registrant that is an organization, association, or corporation. The email address submitted in the contact information will be that of the Registrant only. This correct information should be available in WHOIS of .IN Registry, and it is the duty of the Registrant to check this information from time to time and make sure that it is up-to-date.
Inaccurate Information
A Registrant’s willful or grossly negligent provision of inaccurate, false or unreliable information, and in the event the registrant willfully or grossly neglects to promptly update information provided to Registrar shall constitute a material breach of the Registrant’s Registration Agreement with the Registrar and be a basis for cancellation of the Registered Name, and any other action under the relevant laws of India.
Proxy/Privacy Services
Any kind of proxy services are not allowed, and if the data is wrong or masked out by any proxy/privilege protection services, the Registrant shall not be recognized as the owner of the domain name.
No Illegal, Obscene Content
The Registrant undertakes that it shall not register a domain name which is contrary to public policy and that the Content of the website shall not be violative of any Indian Laws.
Lawful Usage of Domain Name
The Registrant shall use the domain name in such a way that it does not violate any third-party rights, applicable laws or regulations, including discrimination on the basis of race, language, sex or religion and the Registrant further warrants that it shall not register or use the domain name in bad faith or for any unlawful purpose.
.IN Registry considers illegal or fraudulent actions, spamming, using email in denial-of-service attacks, Phishing, Pharming, Botnet command and control, Distribution of pornography, Illegal Access to other computer and networks etc. as abusive use of domain name. Registry can suspend the Registered name in such cases and initiate action accordingly. Further, Fast Flux hosting may be used only with prior permission of .IN Registry.
Fees and Payment
Payment of any fees due, for which the Registrant is solely liable, must be made with the Registry via Registrar. The Registry is not responsible for any failure on the part of the Registrar in this respect, including where such failure results in non-registration or cancellation of the Domain Name.
Limitation of Liability
The Registrant shall be liable for any costs, expenses or damages incurred by the Registry for any breach of these Terms and Conditions. Furthermore, the Registrant shall hold the Registry harmless from claims filed or disputes initialed by third parties to this Agreement, and shall compensate the Registry for any costs or expenses incurred or damages it may suffer through third parties taking action against it on the grounds that the application for the registration or the use of the Domain Name by the Registrant infringes the rights of said third parties.
Term, Renewal of the Domain Name Registration
The Registry is under no obligation to inform the Registrant in advance, when the Term of a domain name registration is about to expire. Registrant is fully responsible for ensuring that renewal is done well in time.
Suspension / Cancellation of Domain Names
The .IN Registry shall be entitled to immediately suspend or cancel the Domain Name Registration, when the Registrant is in breach of the Terms and Conditions as enshrined here.
.IN Dispute Resolution Policy and Procedure (INDRP)
A Registrant is required to submit to mandatory arbitration proceedings in the event a complainant files a complaint with .IN Registry, against a registrant on the basis of unlawful registration of a domain name. The arbitration proceedings shall be conducted by one of .IN Registry Empanelled Arbitrators, in accordance with Dispute Resolution Policy and Procedure and Arbitration & Conciliation Act, 1996.
Reservation of Rights for the .IN Registry
The .IN Registry reserves the right to instruct its Registry Services Provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary or place any domain name(s) on registry lock and/or put a domain name on hold in its discretion: (1) to protect the integrity and stability of .IN Registry; (2) to comply with any applicable laws, Indian government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives and employees; (4) for violations of this Agreement; or (5) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration. The Registry also reserves the right to freeze a domain name during resolution of a dispute pending before arbitrator(s) appointed under Registrys Domain Name Dispute Resolution Policy and/or a court of competent jurisdiction.
.mobi
Registered Name Holder shall:
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 the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
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 the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, Afilias Technologies Ltd. (“dotmobi”), the Registry Operator of the dotmobi, 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 Domain Research, LLC being a registrar for the dotmobi.
Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
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 days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); (3.8.5)
Provide current, accurate and complete information in connection with its registration of the Domain Name and its creation, launch, and operation of the Website, including but not limited to information required for the purposes of the Whois records. Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
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. (3.8.7)
Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at dotmobi.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), which is incorporated by reference herein. 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 Website shall be terminated, and all such rights shall revert to Afilias Technologies Ltd and (ii) Afilias Technologies Ltd 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 Afilias Technologies Ltd and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person. Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, 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 the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
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 contract. (3.9.1)
.storage
Notwithstanding anything in the Registration Agreement to the contrary, Self Storage Company, LLC, the Registry Operator of the .STORAGE TLD, is and shall be an intended third party beneficiary of the Registration Agreement. As such the parties to the Registration Agreement acknowledge and agree that the third party beneficiary rights of Self Storage Company, LLC have vested and that Self Storage Company, LLC has relied on its third party beneficiary rights under the Registration Agreement in agreeing to Domain Research, LLC being a registrar for the .STORAGE TLD. Additionally, the third party beneficiary rights of Self Storage Company, LLC shall survive any termination of the Registration Agreement.
.uk (Nominet)
See Nominet’s Terms and Conditions for their full policies.
No .uk Restoration
If You fail to renew a .uk domain name before the designated expiration date, there is a thirty-seven (37) day grace period in which You may renew the domain name. If You fail to renew a .uk domain name before the end of the grace period, the domain name registration will enter the Post-Expiration period. This Post-Expiration period will last for sixty (60) days or until You pay the renewal fee to Domain Research in the amount specified on our web site. After the Post-Expiration period has elapsed, the domain name will be immediately deleted from the central registry, and the domain name will be released to the public. There is no Deletion period for .uk domain names.
Provision for .uk Transfers
You acknowledge that the Nominet central registry requires You to reset the Tag associated with Your domain name to the gaining registrar’s Tag. You acknowledge that You must submit this Tag reset request through Your current registrar’s designated procedures. In addition, the gaining registrar may send You an Authorization email. You acknowledge that You must respond in a timely and appropriate manner to any such Authorization email. You agree to assume full and complete responsibility for, and agree that Domain Research shall have no responsibility or liability for, ensuring that You submit a timely and appropriate Tag reset request, or that You submit a timely and appropriate response to the gaining registrar’s Authorization email.
Domain Privacy Restriction
You acknowledge and agree that the Nominet central registry may, at its sole discretion, not allow a Domain Privacy service to be used by businesses who register a .co.uk, .org.uk, and/or .me.uk country-specific domain name.
You represent and warrant that You meet the eligibility requirements of this country code top level domain. You also acknowledge and agree that You have reviewed and satisfied Yourself as to the obligations and conditions contained in Nominet’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 Nominet’s Policies. You further agree that You have a continuing obligation to periodically monitor such policies for any changes. Such Policies may be found at Nominet’s website, located here.
To the extent there is a conflict between Nominet’s Policies and the terms of this Agreement, the terms of this Agreement shall prevail. You agree that Nominet has the right to enforce Nominet’s Policies.
Restrictions on Transfers and Changes to Registration
You acknowledge and agree that domain transfers and changes to the registrant’s name on a .uk domain name registration may be prohibited or restricted by Nominet at its sole discretion, or may incur a supplemental charge in an amount specified on our then-current web site or as otherwise designated by Domain Research, depending on Nominet’s regulations.
Escalation
If you are unsatisfied with the outcome of your complaint to us regarding a .uk (or other Nominet TLD) issue, you may escalate your issue to Nominet directly here.
ZACR (South Africa)
You can find policies for the ZACR top-level domains (.co.za, .net.za, .org.za, .web.za, .africa) at ZACR, in the “Legal / Policies” section.