THIS AGREEMENT INCLUDES A CLAUSE FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
This Registration Agreement (“Agreement”) outlines the terms and conditions governing your use of domain name registration and associated services (“Services”). In this Agreement, the terms “you” and “your” refer to you and the registrant identified in the whois contact details for the domain name. The terms “we,” “us,” and “our” denote the registrars listed at the end of this document, any of which will serve as the registrar for your domain name, all of which operate under common ownership, shared terms and conditions, and a unified Services infrastructure. To identify the registrar for your domain name, please conduct a whois lookup at https://lookup.icann.org/en. You access the Services through your primary service provider, with whom we maintain a wholesale relationship (referred to as your “Primary Service Provider”). Your engagement with your Primary Service Provider may be subject to additional terms, as mutually agreed upon. The terms “we,” “us,” and “our” do not encompass your Primary Service Provider, unless explicitly stated or if your Primary Service Provider is also one of the registrars mentioned at the end of this document.
1. Your Agreement: By utilizing the Services, you consent to all terms and conditions outlined in this Agreement, as well as the ICANN Policies, which are periodically updated at icann.org; any regulations, agreements, or policies from the relevant top-level domain name registry; the UDRP (as defined below); the URS (as defined below); and any applicable rules, policies, or agreements from relevant governmental authorities. You acknowledge that any breach of or failure to adhere to any ICANN policy constitutes a violation of this Agreement and may lead to the immediate termination of this Agreement.
2. Modifications to this Agreement: This Agreement may evolve over time due to amendments made by us; alterations in ICANN policy or applicable laws, which may not be explicitly reflected in this Agreement; or other factors. We or your Primary Service Provider may inform you of significant changes to this Agreement, for instance, by sending an email to your registered email address. Your ongoing use of the Services signifies your acceptance of these changes; should you disagree with the revised terms, your sole options are (a) to transfer your domain name registration services to a different registrar or (b) to terminate your Services, including domain name registration services, with us. Modifications to this Agreement take effect upon publication.
3. Registrant Rights and Responsibilities: In collaboration with registrars, ICANN has created a webpage that outlines key rights and responsibilities for registrants. This document offers a straightforward summary of the terms related to Registrant Rights and Responsibilities as defined in the Registrar Accreditation Agreement (RAA), intended for display on registrar websites. Although some terms may not directly mention registrants, they are included due to their relevance in understanding the dynamics between registrars and registrants. Additionally, the document encapsulates the rights and responsibilities of registrants that emerge from ICANN Consensus Policies and specifications, which are integrated into the RAA. It is important to note that the summaries provided do not supersede or replace the terms established in the RAA or within those specifications or policies. We encourage you to review these essential Registrant Rights and Responsibilities.
4. Your Account: To utilize the Services, it is necessary to establish an account (“Account”). Generally, your Account is administered and/or supplied by your Primary Service Provider. You bear full responsibility for the maintenance, security, updating, and confidentiality of all login IDs and passwords. Additionally, you are entirely accountable for any access to and usage of your Account, whether by yourself or by any third party.
4.1. Account Contact Information and Domain Name Whois Information:
4.1.1. You are required to furnish specific, up-to-date, and accurate information regarding your Account and the whois details for your domain name(s). Any changes to this information must be updated within seven (7) days to ensure it remains current, complete, and precise. The information you need to provide may differ based on the registration but typically includes the administrative, technical, and billing contacts associated with your domain name registration(s) and other Services, such as name, postal address, email address, telephone number, and fax number. Not all data elements will be necessary for every domain registration; however, the required information will be specified at the time of registration or renewal. The type of information you must provide may change, and it is essential to keep your Account information updated. Failure to provide the requested information may hinder your ability to access all Services.
4.1.2. You may also submit details regarding the nameservers linked to your domain name(s). If we are offering nameserver services to you, you will need to provide the DNS settings for your domain name. Should you fail to provide complete nameserver information, or if you opt for “Name Only” Services, we may supply this information and direct your domain name to a website of our choice until you decide to provide the nameserver details or choose to upgrade from “Name Only” Services.
4.2. Data Sharing:
4.2.1. he information necessary for registering a domain name differs depending on the top-level domain (TLD). At the time of registration or renewal, the required information, referred to as "Minimum Data," will be provided. This Minimum Data will be disclosed to Cyber Edge Hosting and may also be shared with the appropriate authoritative registry services provider for your TLD. You can identify the authoritative registry services provider by visiting iana.org/whois. The Minimum Data for any registered domains under your TLD can be accessed on your Data Use Information Page. The Minimum Data may encompass the following details:
- The name, postal address, email address, phone number, and fax number (if applicable) of the Registered Name Holder;
- The registered domain name;
- The names of the primary and secondary nameservers associated with the registered domain name;
- The name, postal address, email address, phone number, and fax number (if applicable) of the administrative contact for the domain name;
- The name, postal address, email address, phone number, and fax number (if applicable) of the billing contact for the domain name; and
- The name, postal address, email address, phone number, and fax number (if applicable) of the technical contact for the domain name.
4.3. Account Review, Data Modification, or Deletion: To access, view, modify, delete, or download data related to your domain name registration, you must be logged into your account. If you submit a request to delete your personal data, please note that such data may be essential for the products or services you have acquired. Your request will be fulfilled only to the extent that the data is no longer required for any purchased services, for our legitimate business operations, or for compliance with legal or contractual record-keeping obligations. In certain situations, if the data is necessary for the provision of services, deleting it may result in the cancellation or suspension of the services you have obtained. Should you encounter any issues accessing, modifying, or deleting your data, you can seek assistance by emailing privacy@cyberedgehosting.com or by using the contact details provided at https://cyberedgehosting.com/legal/privacy-policy.
4.4. Obligations Relating to the Account and Whois Contact Information:
4.4.1. In the process of acquiring Services, if you share information regarding a third party or on their behalf, you affirm and guarantee that you have (a) informed that third party about the disclosure and utilization of their information as outlined in this Agreement, and (b) secured the third party’s explicit written consent for the disclosure and use of their information as specified in this Agreement. You also agree to furnish this explicit written consent if requested.
4.4.2. You affirm and guarantee that the information provided in your application is accurate and that no Services are being obtained for any illegal or abusive purposes. This includes, but is not limited to, violations of intellectual property rights or other rights; the distribution of malware; the malicious operation of botnets; phishing; fraudulent or misleading practices; unauthorized transfer of any domain name or Services to yourself or any other entity; counterfeiting; or any other actions that contravene applicable laws, rules, or regulations (collectively referred to as "Illegal Uses"). Submitting false or unreliable information, failing to update your information within seven (7) days of any changes, engaging in any Illegal Uses, or not responding to our inquiries regarding the accuracy of your Account and whois contact information for more than fifteen (15) days will be considered a significant and irreparable breach of this Agreement, which may result in the suspension and/or termination of the Services.
4.4.3. You are required to consistently check the email associated with your Account. Failure to respond appropriately and promptly to any emails related to this matter may result in the loss of your rights to the domain name(s) or your entitlement to receive the Services.
4.5. Accessing Your Account:
4.5.1. To modify any of your Account or domain name WHOIS information, you must log into your Account with your Primary Service Provider or with us. It is your responsibility to protect your Account login credentials, including your identifier and password, from unauthorized access. Anyone who has access to your login credentials will have the capability and your consent to: alter your Account and domain name information; initiate transfers of your domain name(s) to different registrars; make changes to your domain name information that could jeopardize your rights to use those domain name(s); update the DNS settings of your domain name(s), potentially leading to changes in the content linked to your domain name(s); and perform other actions that may impact or revoke your rights and access to your domain name(s) and/or the Services.
4.5.2. We will implement appropriate measures to safeguard the information we collect from you against loss, misuse, alteration, destruction, or unauthorized access and disclosure. These measures include protocols for providing Account access information to individuals who assert that they have lost their access details. However, if we have taken such appropriate measures, WE SHALL NOT BE HELD LIABLE IF THESE MEASURES FAIL TO PREVENT UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD. Furthermore, even in the event that we do not take appropriate measures, our liability in any situation will be confined to the limitations outlined in the Limitation of Liability section in Paragraph 14 of this Agreement.
4.5.3. If you reach out to us claiming that a third party has gained unauthorized access to your Account or domain names, we reserve the right to impose administrative fees, currently established at fifty dollars ($50) per hour, for the time we dedicate to addressing the issue, irrespective of whether we restore control of the Account and/or domain name(s) to you. You agree to indemnify us for any reasonable legal fees and expenses we may incur in connection with this matter, even if such fees and expenses arise from defending against an action or responding to a potential action initiated by you or a third party.
4.6. Sharing of Whois Information:
4.6.1. We will disclose the domain name registration information you provide, as well as any information we maintain, to the following entities: ICANN, any escrow service authorized by ICANN, the registry administrators, and other third parties as mandated or allowed by ICANN and relevant laws. This may include access through web-based and other online WHOIS lookup systems, both during and after the duration of your domain name registration services. You hereby irrevocably relinquish any and all claims or legal actions that may arise from such disclosure or use of this information. Additionally, we may make some or all of the information you provide publicly accessible or available to third parties for purposes such as inspection (including through our WHOIS service) or targeted marketing, as permitted by applicable laws. This may also involve providing bulk WHOIS data access to third parties that enter into a bulk WHOIS data access agreement with us.
4.6.2. ICANN has the authority to create or amend the guidelines, restrictions, and/or obligations concerning the quantity and nature of information that we are permitted or required to disclose to the public or private organizations, as well as the methods of dissemination for such information. Details about ICANN's guidelines and requirements pertaining to WHOIS can be accessed at icann.org/registrars/wmrp.htm, icann.org/registrars/wdrp.htm, and other sections of the ICANN website at icann.org.
5. Our Services:
5.1. Domain Name Registration:
5.1.1. We are accredited registrars with ICANN for generic top-level domain names (gTLDs), including extensions such as .com, .net, and .org. ICANN is responsible for overseeing the registration process and other related functions of gTLDs. Additionally, we serve as registrars for various country code top-level domain names (ccTLDs), such as .co.uk and .de. For a comprehensive list of registry administrators and further details regarding gTLDs, please visit icann.org/tlds. It is important to note that domain name registrations become effective only when activated by the registry administrator. These registrations are valid for a limited duration, concluding on the specified expiration date. For newly registered domain names from the pool of available options, the registration term commences upon acknowledgment by the relevant registry. In cases where domain names were not returned to the pool, the term begins when the previous registrant's registration is acknowledged by the applicable registry.
5.1.2. Neither we nor your Primary Service Provider shall be held liable for any errors, omissions, or actions taken by the registry administrator, including those associated with requests to register, renew, modify settings for, or transfer a domain name registration. You recognize that domain name registration is a service, and that such registrations are not independent of the services provided under this or a comparable registration agreement with a registrar. Furthermore, domain name registration services do not establish a property interest, and you do not possess any property interest in any domain name(s) you may register with us.
5.1.3. When you submit a pre-registration application for a domain name, we cannot assure you that the domain name will be reserved for you or that you will gain immediate access to it if it is secured. Should we receive two (2) or more pre-registration applications for the same domain name and it is successfully secured, all applicants will be invited to participate in a private auction to determine the rightful owner of the domain name. If you are one of the applicants and wish to take part in the auction, you must first acknowledge any trademark claims notice presented to you and agree to any additional terms and conditions that may apply. We retain the right to cancel any pre-registration request at our discretion and for any reason.
5.2. Aftermarket Domain Names:
5.2.1. We provide for sale domain names that are currently registered to third parties, referred to as "Aftermarket Domain Name(s)," across various top-level domains. All registrations for Aftermarket Domain Names are processed on a first-come, first-served basis. If you are the first to submit an application for a specific Aftermarket Domain Name, along with the required payment, we will begin the transfer of that domain name to your account. Should the Aftermarket Domain Name be registered with another domain registrar at the time of your purchase, we will facilitate the transfer to our platform at no additional cost to you and extend the existing registration by one year. Conversely, if the Aftermarket Domain Name is already registered with us and has ninety (90) days or less remaining before expiration at the time of your purchase, we will renew it for you at no charge. However, if it has ninety-one (91) days or more until expiration, you will be responsible for all renewal fees. Future renewals of the Aftermarket Domain Name will incur charges based on the prevailing renewal fee. By placing an order for an Aftermarket Domain Name, you enter into a legally binding agreement to pay the specified purchase price. As we are dealing with Aftermarket Domain Names initially registered to third parties, we cannot guarantee or make any claims regarding the accuracy or legality of the advertised domain names, the validity of any domain name listings, or the ability of the third-party seller to transfer the Aftermarket Domain Name or finalize the transaction. We do not have control over whether third-party sellers will complete a transaction. We reserve the right to refuse or cancel your registration of an Aftermarket Domain Name for any reason.
5.2.2. After the Aftermarket Domain Name is successfully transferred to your Account, it cannot be transferred to another registrar for a period of sixty (60) days. During this time, the Aftermarket Domain Name may be subject to a transfer lock. All responsibilities outlined in this Agreement regarding the registration or renewal of domain names you create also apply to any Aftermarket Domain Names you acquire, including, but not limited to, the prohibition of any illegal activities.
5.3. Not Included in the Services:
5.3.1. We do not hold responsibility for assessing whether the domain name(s) you choose, or the manner in which you or others utilize the domain name(s) or any other Services, infringes upon the legal rights of third parties. It is your obligation to ascertain whether the domain name(s) you select or permit others to use violate any legal rights.
5.3.2. A court or arbitrator may direct us to cancel, modify, or transfer your domain name. Therefore, it is essential that you provide accurate contact information linked to your Account and maintain communication with litigants, potential litigants, and governmental entities. We are not responsible for relaying court orders or other communications to you. Our policy is to adhere to court orders issued by courts of competent jurisdiction, as well as decisions made by UDRP and URS panels. Should you inform us of your intention to contest a court order from a competent jurisdiction, we may, at our discretion, impose a transfer lock on the domain name while the dispute is resolved. If you notify us of your intention to challenge an unfavorable UDRP or URS panel decision, please be aware that your time limits and procedures are governed by the stipulations outlined in the UDRP or URS. We will not postpone the execution of a UDRP or URS panel decision solely based on your notification of intent to contest the ruling.
5.4. Use of Free Services:
5.4.1. In exchange for offering additional optional services at no extra cost, which may include free trials, URL forwarding, email forwarding, complimentary parking pages, free website hosting, free email services, or any other free services we may introduce periodically (collectively referred to as "Free Services"), we reserve the right to display advertisements in connection with these services. This may involve the use of pop-up or pop-under browser windows, banner ads, audio or video streams, email appendices, or other advertising methods. Additionally, we may collect related usage data for our own purposes through cookies and similar technologies. You will not receive any share of the revenue generated from such advertising. We also retain the right to terminate any Free Services at our discretion, with or without prior notice to you.
5.4.2. Occasionally, we may offer you complimentary or low-cost domain name registration services ("Promotional Names"). In such cases, these Promotional Names will be associated with the same account as your other domain names, and you will be recognized as the registrant. However, we reserve the right to direct the Promotional Names to IP addresses of our selection. Should you wish to take full control over the services associated with the Promotional Names, including the ability to transfer or push the service to different registrars or accounts, as well as manage the DNS settings, you will need to pay the applicable promotional registration or renewal fee. The terms of this Agreement will then apply to these Promotional Names. If you prefer not to utilize the Promotional Name services, you may request to be removed as the registrant, in which case we may either be listed as the registrant or delete the domain names, making them available to others. For any domain name services, including these Promotional Names, where you are listed as the registrant but have not paid the registration or renewal fee, we may assign nameservers to the domain and direct it to IP addresses of our choosing until the necessary fees are settled.
6. Services Provided At-Will; Termination or Suspension of Services:
6.1. Your application for domain name registration may be rejected by us or your Primary Service Provider, or we may choose to cease providing Services to you for any reason within thirty (30) days following the initiation or renewal of the Service. After this period, both we and your Primary Service Provider reserve the right to terminate or suspend the Services at any time for valid reasons. These reasons include, but are not limited to: (i) the registration of prohibited domain names; (ii) misuse of the Services; (iii) irregularities in payment; (iv) claims of illegal activity or infringement of third-party intellectual property rights or other rights; (v) failure to maintain accurate and current Account or whois information; (vi) not responding to our inquiries within fifteen (15) calendar days; (vii) non-compliance with ICANN or registry policies; or (viii) if your use of the Services leads to a violation or alleged violation of any third party’s rights or acceptable use policies, including but not limited to the sending of unsolicited emails or infringement of intellectual property rights. Please note that no refunds will be issued in the event of a suspension or termination of Services for valid reasons.
6.2. We reserve the right to terminate the Services at any time and for any reason, with a thirty (30) day notice period following our communication of termination via mail or email to the whois contact information associated with your domain name registration. After receiving a notice of termination that is not for cause, you are required to transfer your domain name within the thirty (30) day period. Failure to do so may result in the deletion of your domain name, the transfer of registration services to us or a third party, or the suspension or modification of Services related to your domain name. In cases where we terminate Services for reasons other than cause, a pro rata refund of your fees will be issued.
6.3. In the event that we terminate or suspend the Services under this Agreement, we may choose to provide Services that are substantially similar to those previously offered, either through ourselves or a third party. If we have valid reasons to terminate or suspend Services for one domain name or for other Services linked to your Account, we reserve the right to terminate or suspend all Services associated with your Account.
6.4. We, along with any registry, retain the authority to deny, cancel, or transfer any domain name registration or transaction, or to place any domain name(s) under lock, hold, or a similar status, as deemed necessary at our or the registry's sole discretion. This may occur for the following reasons: (i) to maintain the integrity and stability of the registry; (ii) to ensure the integrity and stability of our systems; (iii) to adhere to applicable registry policies and procedures or ICANN rules and regulations, including but not limited to the registry agreement; (iv) to comply with relevant laws, governmental regulations, law enforcement requests, or any dispute resolution processes; (v) to mitigate any potential civil or criminal liability for us or the registry, as well as for our affiliates, subsidiaries, officers, directors, and employees; (vi) to rectify errors made by us, another registrar, or the registry regarding the domain name; (vii) following any occurrence of the prohibited activities outlined in Section 4.2 above; (viii) in accordance with the terms of this Agreement; or (ix) to resolve disputes related to the domain name.
7. Payment Issues: In the case of a chargeback initiated by a credit card company or a similar action taken by another payment provider authorized by us, related to your payment of fees for any Services, we and/or your Primary Service Provider reserve the right to suspend access to all Accounts you hold with us and/or your Primary Service Provider. This suspension may also extend to any interests in and usage of domain name registration services, website hosting, and/or email services, including all data stored on our systems or those of your Primary Service Provider, which may be assumed by us or your Primary Service Provider, as applicable, or may be terminated. The reinstatement of your rights and control over these Services will be at our sole discretion and contingent upon our receipt of the outstanding fees along with any current reinstatement fee outlined on the Pricing Page or otherwise communicated to you. The terms for reinstatement by your Primary Service Provider will be governed by the agreement between you and your Primary Service Provider. Should you encounter issues with credit card or other payment charges, it is advisable to first reach out to your Primary Service Provider, followed by us, before contacting your credit card or payment processing company to request a chargeback or reversal of the charges.
8. Expiration and Renewal of Services: You are responsible for maintaining your own records and reminders regarding the expiration of your domain name registration and other services. For domain name registration services, we and/or your Primary Service Provider will send a renewal notification via email approximately one (1) month and again about one (1) week before the expiration of each domain name. Furthermore, if a domain name is not renewed, we and/or your Primary Service Provider will issue an additional renewal notification within five (5) days following the expiration of the domain name registration. All renewal notifications will be directed to the primary contact associated with the domain name. It is essential for you to keep your credit card information current and accurate if any services are set to "auto-renew." We and/or your Primary Service Provider will inform you when renewal fees are due. If these fees remain unpaid, your services may expire or be canceled. Payments must be made using a credit card or any other method that we may permit or require from time to time. If you opt for automatic renewal of the services, we may attempt to renew them a reasonable time before their expiration, provided that your credit card or other billing information is accurate and up to date. It is your duty to ensure that your billing information is current, and while we are not obligated to do so, we may reach out to you to update this information if a transaction attempt fails. Please be aware that for certain top-level domain names, the automatic renewal option may not be available.
9. Expiration of a Domain Name Registration: Upon the conclusion of the domain name registration period and prior to the removal of the domain name from the relevant registry's database, we reserve the right to redirect the domain name to nameservers and IP address(es) specified by us. This may include, but is not limited to, directing it to no IP address or to IP address(es) that host a parking page or a commercial search engine displaying advertisements. Additionally, we may choose to retain your whois information as is, or we may modify the contact details in the whois record for the expired domain name, resulting in your name no longer appearing as the registrant of that domain.
9.1. Reactivation Period Process: For a duration of approximately thirty (30) days following the expiration of domain name registration services, we may implement a procedure that allows for the renewal of expired domain name registration services. While we may offer this process, referred to as the "reactivation period," we are not obligated to do so. You accept all risks and consequences associated with waiting until the end of, or after, the original term of domain name registration services to seek renewal. We reserve the right, at our sole discretion, to decline to provide a reactivation period, and we will not be held liable for such a decision. Should a reactivation period renewal process be available, it may incur additional fees as determined by us and your Primary Service Provider. Furthermore, we may make expired domain name services available to third parties, auction the rights to these services (with the auction commencing near or after the conclusion of the reactivation period), and/or allow the re-registration of expired domain name registration services to any interested party at any time.
9.2. After the reactivation period, if any, we may:
9.2.1. We reserve the right to terminate domain name registration services at any time without prior notice. In such instances, certain registry administrators may offer procedures that allow for the renewal of discontinued domain name registration services. We will engage in this process, commonly referred to as the “Redemption Grace Period” (“RGP”), for each gTLD registry administrator that offers it. However, we may, at our discretion, opt not to participate in the RGP process for any or all of your ccTLD domain name registration services, and we will not be held responsible for this decision. When available, the RGP typically concludes between thirty (30) and forty-two (42) days following the end of the domain name services' reactivation period. The current RGP fee is detailed on the Pricing Page and does not encompass any additional registration fees that may apply. We are not required to notify you regarding the discontinuation of domain name registration services.
9.2.2. To ensure the continuation of registration services, you must either pay the registration fee to the registry or make alternative arrangements. If you do so, we will configure the nameservers and DNS settings for the domain name services. This may involve directing the DNS to either no IP address or to IP address(es) that host parking pages or commercial search engines displaying paid advertisements. Additionally, we reserve the right to modify the contact information in the whois records for the expired domain name, resulting in you no longer being recognized as the registrant. We are not obligated to share any proceeds generated from this arrangement with you, nor are we required to notify you about the continuation of domain name registration services. The domain name will be classified as being in the extended redemption grace period (ERGP), during which you may assume full management of the domain name services, including control over the DNS settings, within the first 120 days of the current registration term, provided you pay the ERGP fee (equivalent to the RGP fee) along with any applicable registration fees. If you do not exercise your rights under this provision by the end of the 120-day period, you will be considered to have abandoned the domain name services, thereby forfeiting all interests and rights to use the domain name services.
9.2.3. If we decide to auction the domain name services to an external party, we may transfer the domain name registration services to that party. In this scenario, the winning bidder of the auction will have authority over the domain name services, which includes management of the whois information and DNS settings. You have the option to reclaim the domain name registration services before the conclusion of the reactivation period applicable to you. We are not required to notify you that the domain name registration services have been or will be auctioned. Additionally, we are not obligated to share any proceeds generated from such an auction with you.
10. Transfers:
10.1. The transfer of your domain name(s) will be subject to ICANN's transfer policy, which includes the Registrar Transfer Dispute Resolution Policy, as well as the UDRP and URS outlined in Section 17 of this Agreement. These policies may be updated periodically. To initiate the transfer of your domain name(s), you must first log into your Account to either lock or unlock your domain name(s) and/or to acquire the EPP "authcode" necessary for transferring domain services within an EPP registry (such as .org). Alternatively, you may reach out to your Primary Service Provider to lock or unlock your domain name(s) or to obtain the EPP "authcode." If your Primary Service Provider does not respond, you can contact us to assist with locking or unlocking your domain name(s) or obtaining the EPP authcode; however, we may first attempt to contact your Primary Service Provider to resolve the issue. Only the registrant listed in the WHOIS information has the authority to approve or deny a transfer request. Please note that domain name services cannot be transferred within sixty (60) days of initial registration, within sixty (60) days of a previous transfer, if there is a dispute regarding the registrant's identity, if you are declared bankrupt, or if you fail to pay any due fees. We will adhere to the procedures established for both gaining and losing registrars as specified in ICANN's transfer policies. Typically, transfer requests are processed within five (5) business days. If the domain name registration services expire during this period, the transfer will not be processed, and you may need to resubmit the transfer request after redeeming the domain name, if applicable. In the event of a communication failure or other issues on either our side or the registry's, you may be required to resubmit your transfer request. You assume all risks associated with the failure of a transfer, regardless of whether the transfer process is initiated close to the end of a registration term.
10.2. Upon your initial registration, we may implement a "Registrar Lock" (designated as "ClientTransferProhibited" status) on your domain name services. This action will prevent any transfer of your domain name services without your explicit consent, although it is not mandatory for us to do so. By keeping your domain name services locked, you clearly indicate your opposition to any transfer requests until the lock is lifted, which can be accomplished through your Account.
10.3. You grant us and/or your Primary Service Provider the authority to serve as your "Designated Agent" (as outlined in ICANN’s transfer policy) to authorize each "Change of Registrant" (as defined in ICANN’s transfer policy) on your behalf.
11. Ownership of Information and Data: We possess all rights, titles, and interests globally related to our domain name database, including database, compilation, collective, and similar rights, as well as all information and derivative works produced from it. For the registrations where we act as the registrar, we hold the following information: (a) the original creation date of the registration, (b) the registration's expiration date, (c) the registrant's name, postal address, email address, telephone number, and, if available, fax number, along with all contacts associated with the domain name registration, (d) any comments regarding the registered domain name that are or should be included in the whois or similar database, and (e) any additional information we generate or acquire in relation to the provision of our Services, excluding the registered domain name, the IP addresses of the primary and any secondary nameservers, and the corresponding names of those nameservers. We do not claim any ownership of your specific personal registration information beyond our rights in our domain name database.
12. Agents and Licenses: When registering a domain name for yourself or on behalf of another individual, you affirm that you possess the necessary authority to bind that individual as a principal to all terms and conditions outlined herein. Should you grant a license for the use of a domain name you have registered to us or to a third party, you will continue to be recognized as the official domain name holder and will retain responsibility for all legal obligations and commitments under this Agreement. This includes, but is not limited to: fulfilling payment obligations; providing and updating, as needed, complete registrant contact information; supplying and updating, as necessary, accurate technical, administrative, billing, and zone contact details to ensure prompt resolution of any issues related to the domain name and its registration; and safeguarding against any infringement of third-party intellectual property rights or other rights.
13. LIMITATION OF LIABILITY: WE SHALL NOT BE HELD RESPONSIBLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF SERVICES; (B) USE OF THE SERVICES; (C) INTERRUPTION OF SERVICES OR DISRUPTION TO YOUR BUSINESS; (D) DELAYS OR INTERRUPTIONS IN ACCESSING OUR WEBSITE(S) OR SERVICES, OR ANY DELAYS OR INTERRUPTIONS RELATED TO A DOMAIN NAME REGISTERED WITH US; (E) LOSS OR LIABILITY ARISING FROM CIRCUMSTANCES OR EVENTS BEYOND OUR CONTROL; (F) FAILURE TO DELIVER DATA, INCORRECT DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER ALTERATIONS; (G) THE HANDLING OF AN APPLICATION FOR DOMAIN NAME REGISTRATION; (H) LOSS OR LIABILITY DUE TO UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (I) ENFORCEMENT OF ANY DISPUTE POLICY. NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER SHALL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS), REGARDLESS OF THE LEGAL THEORY INVOLVED, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN INFORMED OF THE POSSIBILITY OF SUCH DAMAGES. UNDER NO CIRCUMSTANCES SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S TOTAL LIABILITY EXCEED THE AMOUNT YOU HAVE PAID FOR SERVICES, WITH A MAXIMUM LIMIT OF FOUR HUNDRED DOLLARS (US$400.00). IN STATES WHERE THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES IS NOT ALLOWED, OUR AND YOUR PRIMARY SERVICE PROVIDER’S LIABILITY WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY LAW.
14. Indemnity: You hereby agree to release and indemnify us, ICANN, the registry operators, and your Primary Service Provider, along with their contractors, agents, employees, officers, directors, shareholders, and affiliates, from any and all liabilities, claims, damages, costs, and expenses, including reasonable attorneys' fees and court costs, arising from third-party claims related to this Agreement. This includes any breaches of your representations, warranties, covenants, or obligations outlined in this Agreement, the Services provided herein, or your use of the Services. This also encompasses any actual or alleged infringement of intellectual property or other rights by you or anyone utilizing the Services, as well as any violations or alleged violations of our or ICANN's operational rules or policies concerning the Services. We may request written assurances from you, in which you commit to indemnifying, defending, and holding us harmless from the costs and liabilities mentioned in this paragraph. Such assurances may, at our discretion, involve the posting of performance bonds or other guarantees deemed necessary to ensure payment. Your failure to provide these assurances may be interpreted as a breach of this Agreement, potentially resulting in the loss of your right to manage the disposition of any or all Services at our discretion. This indemnification is in addition to any indemnification required under the UDRP, URS, or any other ICANN policy, as well as any policies of relevant registries, or as specified elsewhere in this Agreement.
15. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES INCLUDING, BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR EMAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR EMAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR EMAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU; WHERE THESE EXCLUSIONS ARE NOT ALLOWED, THE EXCLUSIONS ABOVE SHALL APPLY TO THE FULLEST EXTENT ALOWABLE.
16. Dispute Resolution Policy: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy (“UDRP”), along with the UDRP Rules and all Supplemental Rules of any UDRP provider; and (ii) the Uniform Rapid Suspension System (“URS”), along with the URS Rules and all Supplemental Rules of any URS provider. The UDRP and URS may be changed by ICANN (or ICANN’s successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP and URS in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP and URS. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
17. Notices: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered to the Account and/or any domain name whois information you have provided.
18. Additional Registry Requirements: Certain registries impose extra contractual obligations that you accept when registering domain names with them. It is your responsibility to examine any terms and conditions that are relevant to or supplied by these registries.
19. General: This Agreement, along with all relevant ICANN policies and the regulations of any pertinent registry, including but not limited to the UDRP and URS, as well as any future amendments, represents the entire and exclusive understanding between you and us. It supersedes and governs all previous proposals, agreements, or communications. You affirm, guarantee, and acknowledge that by entering into this Agreement, you are not relying on any representations, promises, or statements made by any party that are not explicitly stated within this Agreement. This Agreement shall not be interpreted as establishing any agency, partnership, or joint venture between the parties. Our failure to enforce any provision of this Agreement does not diminish our right to demand such performance at any future time; similarly, our waiver of a breach of any provision does not imply a waiver of the provision itself. Should any provision of this Agreement be deemed unenforceable or invalid under applicable law or by a court ruling, such unenforceability or invalidity will not affect the overall enforceability or validity of the Agreement. We will revise or substitute the invalid provision with one that is valid and enforceable, aiming to fulfill our original goals and intentions as expressed in the original provision. You may not amend or modify this Agreement unless it is done through a written document signed by both you and an authorized representative of ours. The parties hereby incorporate the stipulations of 41 CFR 60-1.4(a), 300.5(a), and 741.5, if applicable.
