This Domain Registration Agreement (“Registration Agreement”) is entered into between you, the person or entity registering a domain(s), and the Company (as defined below), either as the sponsoring registrar or acting as a reseller for the sponsoring registrar identified in the WHOIS record, which can be retrieved here. For all customers outside of India, “Company,” “we,” “us,” or “our” shall refer to PDR Solutions (US) LLC, and for all customers in India, the same shall refer to Endurance International Group (India) Private Limited. By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.
We may modify, add, or remove portions of this Registration Agreement at any time. In such event, we will post a notice that we have made material changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 days after the notice of modification, addition, or deletion is posted or (ii) the first time you access or use the Services following such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.
You acknowledge and agree that the Company may modify this Registration Agreement with or without notice to you in order to comply with the terms and conditions established by the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or the applicable registry administrators ("Registry Administrators") for top-level domains ("TLDs") or country code top-level domains ("ccTLDs").
1. Our services
Your domain registration will be effective when all of the following occur:
a. You agree to all the terms and conditions of this Registration Agreement and the Company's Terms of Service and any supporting documents;
b. The Company accepts (in its sole discretion) your domain registration application;
c. The Company receives payment of the registration, renewal, and reinstatement fees, as applicable; and
d. The Company delivers the domain registration information you provide to the Registry Administrator for the applicable TLDs, and the Registry Administrator executes your domain registration request.
2. Limitation of liability
You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company sends the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not responsible for any inaccuracies regarding registration information related to (i) your entry of the information; and (ii) the Registry Administrator's entry of the information. The Company will not be responsible for, nor will it refund, a domain name registration due to spelling or typographical errors.
3. Multiple domain registrations
The Company, in accordance with ICANN policies, reserves the right to refuse to register multiple domain registrations.
4. Fees
a. Payment of fees as a condition of domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees, as indicated by the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, canceled, or transferred before the end of the then-current registration period. It is the responsibility of the registrant of the included domain name to maintain appropriate records to document and prove the initial registration date of the domain name.
b. Reservation of the right to modify rates. The Company reserves the right to modify rates, surcharges, and renewal rates, or to institute new rates at any time with 30 days' notice, for any reason, at its sole discretion.
c. Credit Card Chargebacks for Domain Registrations. In the event of a chargeback to the Company by your credit card company (or a similar action by another payment provider used by us) for the credit card used in connection with payment of the registration or other fee, you agree and acknowledge that the domain registration will be transferred to the Company, as the paying entity for that registration in the records, and that we reserve all rights with respect to such domain, including, without limitation, the right to make the domain available for purchase by other parties. The Company also reserves the right to lock your account and the rest of your domains until we receive your payment of any administrative fees and/or chargeback fees. At the Company's sole discretion, we may reinstate your domain registration, subject to the Company receiving the registration fee and any administrative and/or chargeback fees described above.
d. Credit Card Chargebacks for Services Other than Domain Registration. In the event of a chargeback by your credit card company (or similar action by another payment provider) on the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that the service will not start or will be suspended, if previously in use, and any information maintained by the service may be deleted along with your account and the rest of your blocked services until we receive your payment of any administrative fees and/or chargeback fees. At the Company's sole discretion, we may reinstate your services, subject to the Company receiving the non-domain registration fee and any administrative and/or chargeback fees described above.
5. Required domain registration information
a. Registration Information. As part of the domain registration process and in accordance with ICANN policies, the holder of a registered name must submit and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
The name and postal address of the domain registrant; the domain being applied for; administrative contact information, including the name, postal address, email address, telephone number, and, where available, fax number of the domain's administrative contact; and technical contact information, including the name, postal address, email address, telephone number, and, where available, fax number of the domain's technical contact; and billing contact information, including the name, postal address, email address, voice telephone number, and, where available, fax number of the domain's billing contact.
b. Additional Registration Information. In addition, in accordance with ICANN policies, the Company is required to submit and maintain additional current, complete, and accurate information related to a domain registration, which may include the following (collectively, "Additional Registration Information"):
The original creation date of the domain registration; The date and time of submission of the registration to us and by us to the applicable registry; Communications (in electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us; Account records for your domain registration, including dates and amounts of all payments and refunds; The IP addresses of the primary and any secondary nameservers for the domain; The corresponding names of those nameservers; The name, mailing address, email address, voice telephone number, and, where available, fax number of the technical contact for the domain; The name, mailing address, email address, voice telephone number, and, where available, fax number of the administrative contact for the domain; The expiration date of the registration; and Information regarding all other activities between you and us related to your domain registration and related services.
c. Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make the Registration Information and Additional Registration Information available to ICANN; to other third-party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as may be required or permitted by applicable law. You further acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits, and/or requirements relating to the amount and type of information that the Company may or must make available to the public or private parties, and the manner in which such information is made available. In addition, you hereby consent to any and all disclosures and uses of, and guidelines, limits, and restrictions on the disclosure or use of, the information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your domain registration. Furthermore, you hereby irrevocably waive any and all claims and causes of action that may arise or have arisen from such disclosure or use of your Registration Information and the Additional Registration Information.
d. Information Update and Accuracy Obligations. As a condition of continuing to register your domain, you must provide us with updated registration information within seven (7) days of any changes to such information. You may review, modify, or update your registration information by accessing the Company's Domain Manager Service, Domain Management Console, or similar service, available on our website. In accordance with ICANN policies, you acknowledge and agree that if you intentionally provide inaccurate information or fail to update your Registration Information within seven (7) days of any such changes, you will be in material breach of this Registration Agreement, and we may, at our sole discretion, cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiries from the Company regarding the accuracy of the Registration Information or to contact the Company promptly upon discovery of any intentional inaccuracy (including, for example, a phone number listed as 000-0000) associated with your domain registration will constitute a material breach of this Registration Agreement and will be grounds for cancellation of your domain registration. You further represent that you have obtained the consent of any third party whose personal data you have provided as Registration Information.
e. Information Requirements for Renewals. When renewing your domain registration, the type of information you must provide may have changed. If you do not provide the new required information, your domain registration may not be renewed.
f. Data Ownership. You agree and acknowledge that the Company owns all databases, compilations, collective and similar rights, titles and interests throughout the world in our domain database (“Domain Database”), and all information and derivative works generated from such domain database, containing registration information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain 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, mailing address, email address, voice telephone number, and, where available, fax number of the technical contact, authorized contact, zone contact, and billing contact for the domain registration; (d) any remarks about the registered domain that appear or are required to appear in the WHOIS or similar database; and (e) any other information that the Company generates or obtains in connection with providing domain registration services, other than the domain being registered, the Internet Protocol (IP) addresses of the primary and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company has no ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
g. Registrant Verification. You understand and agree that the Registrar must verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change in the Registered Name Holder's contact information. The Domain Name Holder's failure to verify contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain names and associated services.
You further understand and agree that the Registrar must verify any changes to any WHOIS contact information within 15 days of any such change. The Domain Name Registrant's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated services.
6. Domain Privacy Service
a. If you have purchased Domain Privacy Services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS lookup with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
b. Although private WHOIS contact information will appear in any public WHOIS lookup result, you are solely responsible for resolving any and all monetary, creditor, or other claims arising in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way relieves you of your obligation to provide valid and accurate Registration Information and to update and correct such information in accordance with the terms of this Registration Agreement.
c. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide your private WHOIS contact information to any third party for the purpose of such third party transmitting communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole discretion, disclose the Registration Information if you breach this Agreement.
d. Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications related to your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy all mail sent to our address in our sole discretion. You specifically acknowledge that the Company is not obligated, but may send you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first-class U.S. mail; however, the Company will NOT forward "junk" mail or other unsolicited communications (whether delivered by fax, mail, or telephone), and you further authorize the Company to discard all such communications or return them to the sender. You agree that: (i) postal mail may be forwarded by regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be instructed to use the postal or email address listed in the WHOIS Private Contact Information, and we will forward such mail or email in accordance with the terms of this section; we will not transmit telephone messages to you. You agree to waive any and all claims arising from not receiving communications addressed to your domain name but not forwarded or referred to you by the Company.
e. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
f. If you do not renew your Domain Privacy service while your domain name registration is still valid, Domain Privacy will be suspended, canceled, or terminated, and your Registration Information will be displayed in any public WHOIS lookup. Domain Privacy renewals after the initial purchase will be at the standard list price, which is available by logging into your account.
g. The Company expressly reserves the right, in its sole discretion and without any liability to you, to suspend or terminate your use of the Service and/or disclose Registration Information in any public WHOIS search or to any third party at any time without prior notice. You:
To comply with any applicable laws, rules, regulations, or requirements, or with any subpoena, court order, official government investigation, or law enforcement request; To comply with ICANN's Uniform Domain Name Dispute Resolution Policy ; To resolve any and all third-party claims, whether threatened or actual, arising from your use of the Domain Privacy service, including, but not limited to, avoiding a dispute of any claim that the registered domain name violates or infringes on a third party's trademark, trade name, or other legal rights; In the event that you breach any provision of this Registration Agreement or any other agreement you have entered into with the Company, including, but not limited to, the Terms of Service; To comply with the rules, procedures, or practices of the registry governing the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry; To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parents, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; To prevent inappropriate activities from coming to the Company's attention, including, but not limited to, if you use Domain Privacy to conceal your engagement in illegal or morally objectionable activities, including, but not limited to, activities that are intended to or otherwise: (i) appeal exclusively to the prurient interests of others; (ii) defame, embarrass, harm, abuse, threaten, or harass others; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate any third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan horses, access codes, back doors, worms, time bombs or any other code, routines, mechanisms, devices or items that corrupt, damage, impair, interfere with, intercept or misappropriate any software, hardware, firmware, network, system, data or personally identifiable information.
h. Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA") , you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you remain the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing complete contact information and for providing and updating accurate and appropriate technical and administrative contact information to facilitate the timely resolution of any issues arising in connection with the Registered Name. A Registered Name Holder that licenses use of a Registered Name in accordance with this provision will accept liability for any harm caused by the misuse of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder with reasonable evidence of actionable harm.
7. Domain parking
a. Upon registration, the domain will be automatically placed on the nameservers provided by the Company, and Internet users who type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge to park a domain. You hereby agree and authorize the Company's placement of a "coming soon" page and its associated contents on your parked domain. You may change the nameserver settings (or "unpark" the domain) after registration is complete. If you need to register nameservers using the domains you are currently registering, the names will initially be held by the Company until you modify the nameservers after domain registration is complete, using your account manager.
b. If your domain registration expires, your registration will no longer be valid. If you are eligible to renew the domain name, you may update the domain to its original settings. After expiration, but before renewal, the domain may point to an "expired" page (collectively, "domain parking" or "parked domain"). There is no charge for the parked domain. By not renewing the domain, the Company may place an "expired" page and its associated content on the parked domain. You may change the name server settings (or "unpark" the domain) after the renewal is complete. If you need to register name servers using the domains you are currently renewing, the names will initially be held by the Company until you modify the name servers after the domain renewal is complete, using your Account Manager.
c. "Coming soon" and/or "expired" pages may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or internet search engines. The Company reserves the right to collect and retain all revenue earned from such advertising and other materials.
d. Wildcard DNS. If you use the Company's DNS management services and do not set up a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would otherwise not resolve. The Company may direct those subdomains to a web page that may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
8. Registration Renewal
a. Renewal Obligations. You are solely responsible for ensuring that each and every domain and additional service is renewed before its expiration, if you so choose. You may renew your domain at any time before the expiration date. The Company will have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or error in renewing the services.
b. You may be notified, at the Company's sole discretion, when renewal fees are due. If these fees are not paid within the time specified in a renewal notice or reminder, your registration will be canceled. Payment must be made by another method indicated on the renewal form. If your billing information is inaccurate, you are solely responsible for not renewing.
c. Auto-Renewal. You agree that if you paid for any of the services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize, but do not obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before your renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company's automatic renewal process. The Company must receive notice of your intent not to renew (opt out) no later than sixteen (16) days prior to your renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is due for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company's then-current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (for example, change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for not renewing it, and the Company will not be liable for your failure to do so.
d. Expired Domain Names. You agree that we may include our contact information in the WHOIS for any expired domain name, as failure to renew results in immediate cancellation of the registration and the loss of all rights to the domain name. If you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
e. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered and not yet deleted by the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately preceding your purchase, as the registration is the result of an ED Transfer (defined above). You will not receive compensation for your inability to use the domain from the time it expires until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any prior transfer.
9. Domain Dispute Resolution Policy
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registry Administrators and is incorporated by reference into this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event of such a dispute, you agree that you will be bound by the provisions specified in the applicable Dispute Policy in effect at the time a third party disputes the registration of your domain. You further agree that, in the event of a domain dispute with a third party, you will indemnify and hold harmless the Company pursuant to the terms and conditions contained in the applicable Dispute Policy. ICANN or the applicable Registry Administrator may modify the Dispute Policy at any time, and your continued use of the domain registered to you after such modification to the Dispute Policy will constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree with any such changes, you may request that your domain registration be canceled or transferred to a different domain registrar. For the resolution of disputes related to or arising from the use of the second-level domain name ("SLD"), the SLD holder shall, without prejudice to other potentially applicable jurisdictions, submit to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where the registrar is located. In addition, you agree to ICANN's Uniform Rapid Suspension ("URS") rules and to submit to any proceedings initiated pursuant to the URS, if applicable.
10. Change of domain registrant
a. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material change to a domain name's name, company, registrant email address, or administrative contact email address (if there is no registrant email address) is subject to the ICANN Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en ).
b. We are required to deny a change of registrant for any of the following reasons:
The domain name registration agreement has expired, and the registrant no longer has the right to renew the domain name or transfer it to another registrar; the change of registrant was not properly authorized by the previous registrant and the new registrant; or the domain name is subject to a domain name dispute procedure, including, but not limited to, the following:
Uniform Domain Name Dispute Resolution Policy (UDRP) ( https://www.icann.org/resources/pages/help/dndr/udrp-en ); Uniform Rapid Suspension (URS) ( https://www.icann.org/resources/pages/urs-2014-01-09-en ); Registrar Transfer Dispute Resolution Policy ( https://www.icann.org/resources/pages/tdrp-2012-02-25-en ); or a court order.
Unless a change of registrant is otherwise prohibited, the prior registrant and the new registrant, or their designated agents, must confirm the change of registrant within 60 days of the request. Unless you opt out of the transfer lock when requesting a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
c. Designated Agent. You hereby explicitly authorize us to act as the "Designated Agent" to approve a change of registrant on behalf of the Previous Registrant and the New Registrant, in accordance with and in compliance with the requirements of the ICANN Transfer Policy .
d. Transfer of Registration to Another Registrant. The entity or person designated as the "registrant" at the time the controlling username and password are secured will be the domain registrant. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount posted for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of domain ownership, the party to whom you wish to transfer your domain will agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurances as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the published amount for the transfer of ownership of a domain, or if the entity to which you wish to transfer your domain does not agree in writing to be bound by all of the terms and conditions of this Registration Agreement, such transfer will be null and void, and will result in the revocation of your domain registration without a refund of any fees you have incurred in attempting to register or transfer that domain.
e. By changing the name of the registrant within the Company, you agree that, at the Company's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written request (email acceptable) within five (5) days (or (a reasonable time as determined by the Company in its sole discretion) by the registrant listed immediately prior to the change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.
f. Transfer of Registration to or from Another Registrar. By transferring a domain name to the Company as the new registrar of record and simultaneously changing the name of the registrant or subsequently changing the name of the registrant, you agree that the domain name may be transferred back to the losing registrar upon written request (email is acceptable) from the registrant immediately prior to the transfer or at the request of the losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. Upon transfer to the Company, you must complete all required information requested through the online transfer application, i.e., contact information, name server information, etc. The Company may choose to accept or reject your domain name transfer request for any reason at its sole discretion. You are not entitled to any refund in connection with the domain name transferred to another registrar.
g. REGISTRAR TRANSFER RESTRICTIONS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar for the first sixty (60) days from the effective date of your: (1) initial domain registration, or (2) completion of a domain transfer to the Company. If you elect to use our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that the Company may charge to effectuate the transfer. You agree that your request to transfer your domain to another registrar may be denied in accordance with the Transfer Policy ( available here ).
h. For country-code top-level domains, as set by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of initial registration or after the domain expires. You agree that your request to transfer your domain to another registrar may be denied in accordance with the Transfer Policy (available here).
11. Agents and licenses
You agree that if you register a domain and list someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as the registrant as the primary to this Registration Agreement, including the applicable Dispute Policy. The name listed as the domain's registrant or the appropriate officer of a listed organization (at the Company's discretion) may individually choose to move the domain to another account for full access to the domain, regardless of the wishes of the account agent/owner/other listed person's contacts at that particular domain (e.g., administrator, billing). You further agree that if you license the use of the registered domain to a third party in your name, you will remain the registered owner of the domain and will remain responsible for strict compliance with this Registration Agreement, including, but not limited to, payment obligations, and providing (and updating, as necessary) accurate registration information and additional registration information. In addition, you agree to be responsible for any actions of Licensee using the domain unless you promptly disclose the current contact information provided to you by Licensee and Licensee's identity to any party who provides reasonable evidence of actual harm.
12. Representations and Warranties
In the event that, when registering the domain, you provide information related to a third party, you hereby represent and warrant that you have (a) notified that third party of the disclosure and use of that third party's information as set forth in this Registration Agreement, and (b) obtained that third party's express consent to the disclosure and use of that third party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is used directly or indirectly infringes the legal rights of any third party. You further represent and warrant that all information provided by you in connection with the registration of your domain is accurate.
13. Compensation
a. Company Indemnification. You will indemnify, hold harmless, and defend the Company and its subsidiaries and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective officers, directors, members, shareholders, agents, and former, current, and former employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, settlements, penalties, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs)), arising out of: (a) your breach of this Registration Agreement or any of the Company policies applicable to the registration of this domain or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any claim, action, or demand of a third party relating to the registration or use of the domain registered to you (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 include, but are not limited to, fees and costs incurred in interpreting or enforcing this Section 13. The Company may, at its expense, employ separate attorneys to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
b. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operators (including, but not limited to, VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.), and their respective subcontractors, shareholders, directors, officers, employees, affiliates, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, and any other expenses, arising out of or related to your domain registration and any disputes related thereto. Some Registry Operators may not allow this indemnification provision to be enforced as set forth herein; in such cases, this provision is in effect to the fullest extent permitted by law as applicable to such Registry Operator.
c. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
14. Disclaimer of Warranty; Limitation of Liability
a. Disclaimer of Warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL AVOID TAXES ON YOUR DOMAIN REGISTRATION, OR SUSPENSION, CANCELLATION, OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
b. Limitation of Liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT YOU ARE AUTHORIZED TO HAVE SUCH USE; (C) BUSINESS INTERRUPTION; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS, OR INTERRUPTIONS OF ACCESS TO THIS SITE OR THE WEBSITES YOU ACCESS THROUGH THE DOMAIN REGISTERED IN YOUR NAME; (E) NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION OF DATA; (F) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURE OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE REGISTRATION OF THE DOMAIN IN QUESTION FOR THE THEN-CURRENT REGISTRATION TERM.
15. Duration and Termination
a. Term. The term of this Registration Agreement begins on the day you accept this Registration Agreement until the day any of the following occurs: (a) your domain registration is canceled; (b) your domain is transferred to a third party; or (c) your domain expires or is canceled (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement that arose prior to the expiration or other termination of this Registration Agreement will survive such expiration or termination.
b. Domain Suspension, Cancellation, or Transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation, or transfer (cancellation or transfer collectively referred to as "Cancellation") (a) to correct errors by the Company, another registrar, or a Registry Administrator in the management of the domain name, or (b) for the resolution of disputes relating to the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify whether any domain name infringes the rights of another person before registering it. If the domain name you have registered is found to infringe the rights of another person, determined in the Company's sole discretion, the Company has the right to immediately cancel your registration. If you intentionally violate our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right, in its sole discretion, to suspend, cancel, transfer, or otherwise modify a domain registration up to seven (7) calendar days prior to or after the time the Company receives a duly authenticated request from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain registration.
c. Termination. The Company reserves the right to suspend, cancel, transfer, or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice from the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with illegal activities; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
d. Survival. The following provisions shall survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15, and 16.
16. Additional Terms
a. Personal Information. The Company incorporates its Privacy Notice by reference. Please read our Privacy Notice by clicking here. In addition, you hereby represent that you have provided the Company's Privacy Notice to any individual whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
b. Governing Law; Jurisdiction. Except as otherwise set forth in the Dispute Policy regarding disputes, this Registration Agreement, your rights and obligations, and all actions contemplated by this Registration Agreement shall be governed by the following. Unless you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
c. Arbitration. Your use of the Services is also governed by the following:
Unless you are located in India, you hereby also agree to the Company's Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here .
Alternatively, if you are located in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement ("Dispute") shall be referred to and settled by arbitration in Mumbai, India, under the provisions of the Arbitration Agreement and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the breach or threatened breach by the other party of any obligation hereunder, such party may seek equitable relief, including injunctive relief, from a court of competent jurisdiction, which shall not be bound by this Section. The arbitral tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of the first written recommendation of an arbitrator by one party to the other. If the parties fail to agree on the appointment of such an arbitrator, then the arbitrator will be appointed in accordance with the provisions of the Arbitration and Conciliation Act 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrators, the arbitrators shall be required to submit a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). The parties shall use their best efforts to assist the arbitrator(s) in achieving this goal, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, to be determined by the arbitrator(s) in their sole discretion. The arbitral award rendered by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state the reasons for his or her findings in writing. The parties agree to be bound by it and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
d. Notices. You agree that any notice the Company is required to provide to you under this Registration Agreement will be deemed delivered if delivered in accordance with the contact information you have provided.
e. Relationship. The Company and you are independent contractors, and nothing in this Registration Agreement places the Company and you in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or impliedly, or may be held to have, any authority to enter into contracts or agreements on behalf of the other party, or to obligate or bind the other party in any manner.
f. Waiver. No failure or delay on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by either party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or consent by either party hereto to any breach or default of any term or condition of this Registration Agreement shall constitute a waiver or consent to any subsequent breach or default of the same or any other term or condition hereof.
g. Severability. If any provision or portion of any provision of this Registration Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
h. Assignment. You may not assign or transfer this Registration Agreement, or any of your rights or obligations hereunder, without the Company's prior written consent and/or without utilizing the Company's domain transfer process in accordance with ICANN policies. Any attempted assignment in violation of the foregoing provision will be null and void. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents to perform its functions and exercise its rights hereunder, without your consent. This Registration Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or applicable law.
i. Intellectual Property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, videos, information, software, audio, and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”) is the exclusive property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or otherwise exploited for any purpose, in any form, or by any means, in whole or in part, except as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to the use of the Services and Company Content granted herein. All rights of the Company or its licensors not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
j. Entire Agreement. This Registration Agreement and any attachments and documents referenced herein, including, but not limited to, the applicable Dispute Policy (as amended from time to time), constitute the entire and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.
APPENDIX 1. This Domain Registration Agreement (“Registration Agreement”) is entered into by and between you, the person or entity registering a domain(s), and the Company (as defined below), either as the sponsoring registrar or acting as a reseller for the sponsoring registrar identified in the WHOIS record which can be retrieved here. For all customers outside of India, “Company,” “we,” “us,” or “our” shall refer to PDR Solutions (US) LLC, and for all customers in India, the same shall refer to Endurance International Group (India) Private Limited. By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.
We may modify, add, or remove portions of this Registration Agreement at any time. In such event, we will post a notice that we have made material changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 days after the notice of modification, addition, or deletion is posted or (ii) the first time you access or use the Services following such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.
You acknowledge and agree that the Company may modify this Registration Agreement with or without notice to you in order to comply with the terms and conditions established by the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or the applicable registry administrators ("Registry Administrators") for top-level domains ("TLDs") or country code top-level domains ("ccTLDs").
1. Our services
Your domain registration will be effective when all of the following occur:
a. You agree to all the terms and conditions of this Registration Agreement and the Company's Terms of Service and any supporting documents;
b. The Company accepts (in its sole discretion) your domain registration application;
c. The Company receives payment of the registration, renewal, and reinstatement fees, as applicable; and
d. The Company delivers the domain registration information you provide to the Registry Administrator for the applicable TLDs, and the Registry Administrator executes your domain registration request.
2. Limitation of liability
You understand that the Company does not control all aspects of the domain registration process. For example, once you submit a domain registration, the Company sends the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. The Company disclaims, and you agree, that the Company is not responsible for any inaccuracies regarding registration information related to (i) your entry of the information; and (ii) the Registry Administrator's entry of the information. The Company will not be responsible for, nor will it refund, a domain name registration due to spelling or typographical errors.
3. Multiple domain registrations
The Company, in accordance with ICANN policies, reserves the right to refuse to register multiple domain registrations.
4. Fees
a. Payment of fees as a condition of domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees, as indicated by the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, canceled, or transferred before the end of the then-current registration period. It is the responsibility of the registrant of the included domain name to maintain appropriate records to document and prove the initial registration date of the domain name.
b. Reservation of the right to modify rates. The Company reserves the right to modify rates, surcharges, and renewal rates, or to institute new rates at any time with 30 days' notice, for any reason, at its sole discretion.
c. Credit Card Chargebacks for Domain Registrations. In the event of a chargeback to the Company by your credit card company (or a similar action by another payment provider used by us) for the credit card used in connection with payment of the registration or other fee, you agree and acknowledge that the domain registration will be transferred to the Company, as the paying entity for that registration in the records, and that we reserve all rights with respect to such domain, including, without limitation, the right to make the domain available for purchase by other parties. The Company also reserves the right to lock your account and the rest of your domains until we receive your payment of any administrative fees and/or chargeback fees. At the Company's sole discretion, we may reinstate your domain registration, subject to the Company receiving the registration fee and any administrative and/or chargeback fees described above.
d. Credit Card Chargebacks for Services Other than Domain Registration. In the event of a chargeback by your credit card company (or similar action by another payment provider) on the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that the service will not start or will be suspended, if previously in use, and any information maintained by the service may be deleted along with your account and the rest of your blocked services until we receive your payment of any administrative fees and/or chargeback fees. At the Company's sole discretion, we may reinstate your services, subject to the Company receiving the non-domain registration fee and any administrative and/or chargeback fees described above.
5. Required domain registration information
a. Registration Information. As part of the domain registration process and in accordance with ICANN policies, the holder of a registered name must submit and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
The name and postal address of the domain registrant; the domain being applied for; administrative contact information, including the name, postal address, email address, telephone number, and, where available, fax number of the domain's administrative contact; and technical contact information, including the name, postal address, email address, telephone number, and, where available, fax number of the domain's technical contact; and billing contact information, including the name, postal address, email address, voice telephone number, and, where available, fax number of the domain's billing contact.
b. Additional Registration Information. In addition, in accordance with ICANN policies, the Company is required to submit and maintain additional current, complete, and accurate information related to a domain registration, which may include the following (collectively, "Additional Registration Information"):
The original creation date of the domain registration; The date and time of submission of the registration to us and by us to the applicable registry; Communications (in electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us; Account records for your domain registration, including dates and amounts of all payments and refunds; The IP addresses of the primary and any secondary nameservers for the domain; The corresponding names of those nameservers; The name, mailing address, email address, voice telephone number, and, where available, fax number of the technical contact for the domain; The name, mailing address, email address, voice telephone number, and, where available, fax number of the administrative contact for the domain; The expiration date of the registration; and Information regarding all other activities between you and us related to your domain registration and related services.
c. Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make the Registration Information and Additional Registration Information available to ICANN; to other third-party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as may be required or permitted by applicable law. You further acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits, and/or requirements relating to the amount and type of information that the Company may or must make available to the public or private parties, and the manner in which such information is made available. In addition, you hereby consent to any and all disclosures and uses of, and guidelines, limits, and restrictions on the disclosure or use of, the information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your domain registration. Furthermore, you hereby irrevocably waive any and all claims and causes of action that may arise or have arisen from such disclosure or use of your Registration Information and the Additional Registration Information.
d. Information Update and Accuracy Obligations. As a condition of continuing to register your domain, you must provide us with updated registration information within seven (7) days of any changes to such information. You may review, modify, or update your registration information by accessing the Company's Domain Manager Service, Domain Management Console, or similar service, available on our website. In accordance with ICANN policies, you acknowledge and agree that if you intentionally provide inaccurate information or fail to update your Registration Information within seven (7) days of any such changes, you will be in material breach of this Registration Agreement, and we may, at our sole discretion, cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiries from the Company regarding the accuracy of the Registration Information or to contact the Company promptly upon discovery of any intentional inaccuracy (including, for example, a phone number listed as 000-0000) associated with your domain registration will constitute a material breach of this Registration Agreement and will be grounds for cancellation of your domain registration. You further represent that you have obtained the consent of any third party whose personal data you have provided as Registration Information.
e. Information Requirements for Renewals. When renewing your domain registration, the type of information you must provide may have changed. If you do not provide the new required information, your domain registration may not be renewed.
f. Data Ownership. You agree and acknowledge that the Company owns all databases, compilations, collective and similar rights, titles and interests throughout the world in our domain database (“Domain Database”), and all information and derivative works generated from such domain database, containing registration information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain 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, mailing address, email address, voice telephone number, and, where available, fax number of the technical contact, authorized contact, zone contact, and billing contact for the domain registration; (d) any remarks about the registered domain that appear or are required to appear in the WHOIS or similar database; and (e) any other information that the Company generates or obtains in connection with providing domain registration services, other than the domain being registered, the Internet Protocol (IP) addresses of the primary and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company has no ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
g. Registrant Verification. You understand and agree that the Registrar must verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change in the Registered Name Holder's contact information. The Domain Name Holder's failure to verify contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain names and associated services.
You further understand and agree that the Registrar must verify any changes to any WHOIS contact information within 15 days of any such change. The Domain Name Registrant's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated services.
6. Domain Privacy Service
a. If you have purchased Domain Privacy Services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS lookup with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”).
b. Although private WHOIS contact information will appear in any public WHOIS lookup result, you are solely responsible for resolving any and all monetary, creditor, or other claims arising in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way relieves you of your obligation to provide valid and accurate Registration Information and to update and correct such information in accordance with the terms of this Registration Agreement.
c. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide your private WHOIS contact information to any third party for the purpose of such third party transmitting communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole discretion, disclose the Registration Information if you breach this Agreement.
d. Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications related to your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy all mail sent to our address in our sole discretion. You specifically acknowledge that the Company is not obligated, but may send you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first-class U.S. mail; however, the Company will NOT forward "junk" mail or other unsolicited communications (whether delivered by fax, mail, or telephone), and you further authorize the Company to discard all such communications or return them to the sender. You agree that: (i) postal mail may be forwarded by regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be instructed to use the postal or email address listed in the WHOIS Private Contact Information, and we will forward such mail or email in accordance with the terms of this section; we will not transmit telephone messages to you. You agree to waive any and all claims arising from not receiving communications addressed to your domain name but not forwarded or referred to you by the Company.
e. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
f. If you do not renew your Domain Privacy service while your domain name registration is still valid, Domain Privacy will be suspended, canceled, or terminated, and your Registration Information will be displayed in any public WHOIS lookup. Domain Privacy renewals after the initial purchase will be at the standard list price, which is available by logging into your account.
g. The Company expressly reserves the right, in its sole discretion and without any liability to you, to suspend or terminate your use of the Service and/or disclose Registration Information in any public WHOIS search or to any third party at any time without prior notice. You:
To comply with any applicable laws, rules, regulations, or requirements, or with any subpoena, court order, official government investigation, or law enforcement request; To comply with ICANN's Uniform Domain Name Dispute Resolution Policy ; To resolve any and all third-party claims, whether threatened or actual, arising from your use of the Domain Privacy service, including, but not limited to, avoiding a dispute of any claim that the registered domain name violates or infringes on a third party's trademark, trade name, or other legal rights; In the event that you breach any provision of this Registration Agreement or any other agreement you have entered into with the Company, including, but not limited to, the Terms of Service; To comply with the rules, procedures, or practices of the registry governing the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry; To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parents, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees; To prevent inappropriate activities from coming to the Company's attention, including, but not limited to, if you use Domain Privacy to conceal your engagement in illegal or morally objectionable activities, including, but not limited to, activities that are intended to or otherwise: (i) appeal exclusively to the prurient interests of others; (ii) defame, embarrass, harm, abuse, threaten, or harass others; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate any third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan horses, access codes, back doors, worms, time bombs or any other code, routines, mechanisms, devices or items that corrupt, damage, impair, interfere with, intercept or misappropriate any software, hardware, firmware, network, system, data or personally identifiable information.
h. Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA") , you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you remain the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing complete contact information and for providing and updating accurate and appropriate technical and administrative contact information to facilitate the timely resolution of any issues arising in connection with the Registered Name. A Registered Name Holder that licenses use of a Registered Name in accordance with this provision will accept liability for any harm caused by the misuse of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder with reasonable evidence of actionable harm.
7. Domain parking
a. Upon registration, the domain will be automatically placed on the nameservers provided by the Company, and Internet users who type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge to park a domain. You hereby agree and authorize the Company's placement of a "coming soon" page and its associated contents on your parked domain. You may change the nameserver settings (or "unpark" the domain) after registration is complete. If you need to register nameservers using the domains you are currently registering, the names will initially be held by the Company until you modify the nameservers after domain registration is complete, using your account manager.
b. If your domain registration expires, your registration will no longer be valid. If you are eligible to renew the domain name, you may update the domain to its original settings. After expiration, but before renewal, the domain may point to an "expired" page (collectively, "domain parking" or "parked domain"). There is no charge for the parked domain. By not renewing the domain, the Company may place an "expired" page and its associated content on the parked domain. You may change the name server settings (or "unpark" the domain) after the renewal is complete. If you need to register name servers using the domains you are currently renewing, the names will initially be held by the Company until you modify the name servers after the domain renewal is complete, using your Account Manager.
c. "Coming soon" and/or "expired" pages may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or internet search engines. The Company reserves the right to collect and retain all revenue earned from such advertising and other materials.
d. Wildcard DNS. If you use the Company's DNS management services and do not set up a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would otherwise not resolve. The Company may direct those subdomains to a web page that may contain advertisements and other materials selected by the Company in its sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
8. Registration Renewal
a. Renewal Obligations. You are solely responsible for ensuring that each and every domain and additional service is renewed before its expiration, if you so choose. You may renew your domain at any time before the expiration date. The Company will have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or error in renewing the services.
b. You may be notified, at the Company's sole discretion, when renewal fees are due. If these fees are not paid within the time specified in a renewal notice or reminder, your registration will be canceled. Payment must be made by another method indicated on the renewal form. If your billing information is inaccurate, you are solely responsible for not renewing.
c. Auto-Renewal. You agree that if you paid for any of the services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize, but do not obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before your renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company's automatic renewal process. The Company must receive notice of your intent not to renew (opt out) no later than sixteen (16) days prior to your renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is due for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company's then-current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (for example, change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for not renewing it, and the Company will not be liable for your failure to do so.
d. Expired Domain Names. You agree that we may include our contact information in the WHOIS for any expired domain name, as failure to renew results in immediate cancellation of the registration and the loss of all rights to the domain name. If you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
e. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered and not yet deleted by the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately preceding your purchase, as the registration is the result of an ED Transfer (defined above). You will not receive compensation for your inability to use the domain from the time it expires until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any prior transfer.
9. Domain Dispute Resolution Policy
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registry Administrators and is incorporated by reference into this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event of such a dispute, you agree that you will be bound by the provisions specified in the applicable Dispute Policy in effect at the time a third party disputes the registration of your domain. You further agree that, in the event of a domain dispute with a third party, you will indemnify and hold harmless the Company pursuant to the terms and conditions contained in the applicable Dispute Policy. ICANN or the applicable Registry Administrator may modify the Dispute Policy at any time, and your continued use of the domain registered to you after such modification to the Dispute Policy will constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree with any such changes, you may request that your domain registration be canceled or transferred to a different domain registrar. For the resolution of disputes related to or arising from the use of the second-level domain name ("SLD"), the SLD holder shall, without prejudice to other potentially applicable jurisdictions, submit to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where the registrar is located. In addition, you agree to ICANN's Uniform Rapid Suspension ("URS") rules and to submit to any proceedings initiated pursuant to the URS, if applicable.
10. Change of domain registrant
a. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material change to a domain name's name, company, registrant email address, or administrative contact email address (if there is no registrant email address) is subject to the ICANN Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en ).
b. We are required to deny a change of registrant for any of the following reasons:
The domain name registration agreement has expired, and the registrant no longer has the right to renew the domain name or transfer it to another registrar; the change of registrant was not properly authorized by the previous registrant and the new registrant; or the domain name is subject to a domain name dispute procedure, including, but not limited to, the following:
Uniform Domain Name Dispute Resolution Policy (UDRP) ( https://www.icann.org/resources/pages/help/dndr/udrp-en ); Uniform Rapid Suspension (URS) ( https://www.icann.org/resources/pages/urs-2014-01-09-en ); Registrar Transfer Dispute Resolution Policy ( https://www.icann.org/resources/pages/tdrp-2012-02-25-en ); or a court order.
Unless a change of registrant is otherwise prohibited, the prior registrant and the new registrant, or their designated agents, must confirm the change of registrant within 60 days of the request. Unless you opt out of the transfer lock when requesting a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
c. Designated Agent. You hereby explicitly authorize us to act as the "Designated Agent" to approve a change of registrant on behalf of the Previous Registrant and the New Registrant, in accordance with and in compliance with the requirements of the ICANN Transfer Policy .
d. Transfer of Registration to Another Registrant. The entity or person designated as the "registrant" at the time the controlling username and password are secured will be the domain registrant. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount posted for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of domain ownership, the party to whom you wish to transfer your domain will agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurances as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the published amount for the transfer of ownership of a domain, or if the entity to which you wish to transfer your domain does not agree in writing to be bound by all of the terms and conditions of this Registration Agreement, such transfer will be null and void, and will result in the revocation of your domain registration without a refund of any fees you have incurred in attempting to register or transfer that domain.
e. By changing the name of the registrant within the Company, you agree that, at the Company's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written request (email acceptable) within five (5) days (or (a reasonable time as determined by the Company in its sole discretion) by the registrant listed immediately prior to the change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.
f. Transfer of Registration to or from Another Registrar. By transferring a domain name to the Company as the new registrar of record and simultaneously changing the name of the registrant or subsequently changing the name of the registrant, you agree that the domain name may be transferred back to the losing registrar upon written request (email is acceptable) from the registrant immediately prior to the transfer or at the request of the losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. Upon transfer to the Company, you must complete all required information requested through the online transfer application, i.e., contact information, name server information, etc. The Company may choose to accept or reject your domain name transfer request for any reason at its sole discretion. You are not entitled to any refund in connection with the domain name transferred to another registrar.
g. REGISTRAR TRANSFER RESTRICTIONS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar for the first sixty (60) days from the effective date of your: (1) initial domain registration, or (2) completion of a domain transfer to the Company. If you elect to use our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that the Company may charge to effectuate the transfer. You agree that your request to transfer your domain to another registrar may be denied in accordance with the Transfer Policy ( available here ).
h. For country-code top-level domains, as set by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of initial registration or after the domain expires. You agree that your request to transfer your domain to another registrar may be denied in accordance with the Transfer Policy (available here).
11. Agents and licenses
You agree that if you register a domain and list someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as the registrant as the primary to this Registration Agreement, including the applicable Dispute Policy. The name listed as the domain's registrant or the appropriate officer of a listed organization (at the Company's discretion) may individually choose to move the domain to another account for full access to the domain, regardless of the wishes of the account agent/owner/other listed person's contacts at that particular domain (e.g., administrator, billing). You further agree that if you license the use of the registered domain to a third party in your name, you will remain the registered owner of the domain and will remain responsible for strict compliance with this Registration Agreement, including, but not limited to, payment obligations, and providing (and updating, as necessary) accurate registration information and additional registration information. In addition, you agree to be responsible for any actions of Licensee using the domain unless you promptly disclose the current contact information provided to you by Licensee and Licensee's identity to any party who provides reasonable evidence of actual harm.
12. Representations and Warranties
In the event that, when registering the domain, you provide information related to a third party, you hereby represent and warrant that you have (a) notified that third party of the disclosure and use of that third party's information as set forth in this Registration Agreement, and (b) obtained that third party's express consent to the disclosure and use of that third party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is used directly or indirectly infringes the legal rights of any third party. You further represent and warrant that all information provided by you in connection with the registration of your domain is accurate.
13. Compensation
a. Company Indemnification. You will indemnify, hold harmless, and defend the Company and its subsidiaries and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective officers, directors, members, shareholders, agents, and former, current, and former employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, settlements, penalties, damages, losses, liabilities, costs, and expenses (including, without limitation, reasonable attorneys’ fees and costs)), arising out of: (a) your breach of this Registration Agreement or any of the Company policies applicable to the registration of this domain or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any claim, action, or demand of a third party relating to the registration or use of the domain registered to you (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 include, but are not limited to, fees and costs incurred in interpreting or enforcing this Section 13. The Company may, at its expense, employ separate attorneys to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
b. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operators (including, but not limited to, VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.), and their respective subcontractors, shareholders, directors, officers, employees, affiliates, and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys' fees and costs, and any other expenses, arising out of or related to your domain registration and any disputes related thereto. Some Registry Operators may not allow this indemnification provision to be enforced as set forth herein; in such cases, this provision is in effect to the fullest extent permitted by law as applicable to such Registry Operator.
c. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
14. Disclaimer of Warranty; Limitation of Liability
a. Disclaimer of Warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. IN ADDITION, WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL AVOID TAXES ON YOUR DOMAIN REGISTRATION, OR SUSPENSION, CANCELLATION, OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
b. Limitation of Liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT YOU ARE AUTHORIZED TO HAVE SUCH USE; (C) BUSINESS INTERRUPTION; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS, OR INTERRUPTIONS OF ACCESS TO THIS SITE OR THE WEBSITES YOU ACCESS THROUGH THE DOMAIN REGISTERED IN YOUR NAME; (E) NON-DELIVERY, MISDELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION OF DATA; (F) EVENTS BEYOND THE REASONABLE CONTROL OF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURE OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES SHALL ALSO NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE MAXIMUM TOTAL LIABILITY OF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE REGISTRATION OF THE DOMAIN IN QUESTION FOR THE THEN-CURRENT REGISTRATION TERM.
15. Duration and Termination
a. Term. The term of this Registration Agreement begins on the day you accept this Registration Agreement until the day any of the following occurs: (a) your domain registration is canceled; (b) your domain is transferred to a third party; or (c) your domain expires or is canceled (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement that arose prior to the expiration or other termination of this Registration Agreement will survive such expiration or termination.
b. Domain Suspension, Cancellation, or Transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation, or transfer (cancellation or transfer collectively referred to as "Cancellation") (a) to correct errors by the Company, another registrar, or a Registry Administrator in the management of the domain name, or (b) for the resolution of disputes relating to the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify whether any domain name infringes the rights of another person before registering it. If the domain name you have registered is found to infringe the rights of another person, determined in the Company's sole discretion, the Company has the right to immediately cancel your registration. If you intentionally violate our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right, in its sole discretion, to suspend, cancel, transfer, or otherwise modify a domain registration up to seven (7) calendar days prior to or after the time the Company receives a duly authenticated request from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain registration.
c. Termination. The Company reserves the right to suspend, cancel, transfer, or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice from the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with illegal activities; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
d. Survival. The following provisions shall survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15, and 16.
16. Additional Terms
a. Personal Information. The Company incorporates its Privacy Notice by reference. Please read our Privacy Notice by clicking here. In addition, you hereby represent that you have provided the Company's Privacy Notice to any individual whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
b. Governing Law; Jurisdiction. Except as otherwise set forth in the Dispute Policy regarding disputes, this Registration Agreement, your rights and obligations, and all actions contemplated by this Registration Agreement shall be governed by the following. Unless you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are located in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement, or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of the Republic of India.
Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
c. Arbitration. Your use of the Services is also governed by the following:
Unless you are located in India, you hereby also agree to the Company's Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here .
Alternatively, if you are located in India, the following provision applies to you:
All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement ("Dispute") shall be referred to and settled by arbitration in Mumbai, India, under the provisions of the Arbitration Agreement and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the breach or threatened breach by the other party of any obligation hereunder, such party may seek equitable relief, including injunctive relief, from a court of competent jurisdiction, which shall not be bound by this Section. The arbitral tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of the first written recommendation of an arbitrator by one party to the other. If the parties fail to agree on the appointment of such an arbitrator, then the arbitrator will be appointed in accordance with the provisions of the Arbitration and Conciliation Act 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrators, the arbitrators shall be required to submit a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). The parties shall use their best efforts to assist the arbitrator(s) in achieving this goal, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, to be determined by the arbitrator(s) in their sole discretion. The arbitral award rendered by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state the reasons for his or her findings in writing. The parties agree to be bound by it and to act accordingly. All costs of the arbitration shall be borne equally by the parties.
d. Notices. You agree that any notice the Company is required to provide to you under this Registration Agreement will be deemed delivered if delivered in accordance with the contact information you have provided.
e. Relationship. The Company and you are independent contractors, and nothing in this Registration Agreement places the Company and you in the relationship of principal and agent, partners, or joint ventures. Neither party has, expressly or impliedly, or may be held to have, any authority to enter into contracts or agreements on behalf of the other party, or to obligate or bind the other party in any manner.
f. Waiver. No failure or delay on the part of either party in exercising any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by either party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or consent by either party hereto to any breach or default of any term or condition of this Registration Agreement shall constitute a waiver or consent to any subsequent breach or default of the same or any other term or condition hereof.
g. Severability. If any provision or portion of any provision of this Registration Agreement is held by a court of competent jurisdiction to be illegal, invalid, or unenforceable, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
h. Assignment. You may not assign or transfer this Registration Agreement, or any of your rights or obligations hereunder, without the Company's prior written consent and/or without utilizing the Company's domain transfer process in accordance with ICANN policies. Any attempted assignment in violation of the foregoing provision will be null and void. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents to perform its functions and exercise its rights hereunder, without your consent. This Registration Agreement will be binding upon and inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or applicable law.
i. Intellectual Property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, videos, information, software, audio, and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”) is the exclusive property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold, or otherwise exploited for any purpose, in any form, or by any means, in whole or in part, except as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble, or otherwise attempt to derive the source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to the use of the Services and Company Content granted herein. All rights of the Company or its licensors not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
j. Entire Agreement. This Registration Agreement and any attachments and documents referenced herein, including, but not limited to, the applicable Dispute Policy (as amended from time to time), constitute the entire and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.
APPENDIX 1.
ADDITIONAL REGISTRATION REQUIREMENTS
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by, which incorporates by reference, all agreements, guidelines, policies, practices, procedures, registration requirements, or operating standards of the TLDs in which you register any domain.
TO LINK TO AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, CLICK HERE .
ADDITIONAL REGISTRATION REQUIREMENTS
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge, and agree to be bound by, which incorporates by reference, all agreements, guidelines, policies, practices, procedures, registration requirements, or operating standards of the TLDs in which you register any domain.
TO LINK TO AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, CLICK HERE .