Domain Agrement

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Registration Agreement

This Registration Agreement outlines the terms and conditions governing your use of domain name registration and related services (referred to as “Services”). In this Agreement, the terms “you” and “your” pertain to you, the registrant specified in the WHOIS contact information for the domain name. “We,” “us,” and “our” refer to the registrars identified at the end of this document. These registrars are under common ownership, share common terms and conditions, and utilize a shared Services infrastructure. To ascertain which registrar your domain name is registered with, you can perform a WHOIS lookup at http://www.uwhois.com. You initially acquire the Services through a Primary Service Provider, PDR LTD, with whom we maintain a wholesale relationship. Your interaction with your Primary Service Provider may be subject to additional terms that you and your Primary Service Provider agree upon. The term “We,” “us,” and “our” does not encompass your Primary Service Provider, except when explicitly mentioned or unless your Primary Service Provider is one of the registrars listed at the end of this document.

You agree to this Agreement

When you utilize the Service(s), you are acknowledging and agreeing to abide by all the terms and conditions presented in this Agreement, as well as the UDRP (Uniform Domain Name Dispute Resolution Policy), and any rules, policies, or agreements associated with specific Service(s). These terms and conditions may be established by ICANN (Internet Corporation for Assigned Names and Numbers), the domain registries, and government authorities

Passage of time

This Agreement is subject to change over time. In the event that a change in this Agreement leads to your disagreement with its terms, your sole recourse is to either transfer your domain name registration services to another registrar or request the cancellation of your domain name registration services from us. If you continue to use the Services following a modification in this Agreement and/or the Services, your ongoing usage signifies your acceptance of the changes. Any such amendment or alteration will become binding and effective within 30 days of when the revised Agreement or Service(s) changes are posted on the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days following notification sent to the email address associated with your domain name registration. It is your responsibility to periodically review this Agreement to stay informed about any revisions.

Your account

To utilize the Services, you are required to create an account. Generally, your account will be administered and/or supplied by your Primary Service Provider. You bear the responsibility for the upkeep and regular updating of all login IDs and passwords. Moreover, you are accountable for all access to and use of your account, whether it’s initiated by you or any third party.

Service provided at will and termination of service

We and your Primary Service Provider hold the right to reject your domain name registration application or choose to discontinue providing Service(s) to you within 30 days of a Service initiation or renewal. Beyond this timeframe, we and your Primary Service Provider may terminate or suspend the Service(s) at any time for various reasons. This includes, but is not limited to, the registration of prohibited domain names, misuse of the Services, irregularities in payment, serious allegations of unlawful conduct, or if your use of the Services results in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies. This includes actions such as the transmission of unsolicited bulk email.

In the event that we terminate or suspend the Services provided to you under this Agreement, we may, at our discretion, assign either ourselves or a third party as the beneficiary of Services that are substantially similar to those previously provided to you. Any reference in this Agreement to the termination or suspension of Services to you includes this option. If we have grounds to terminate or suspend Service(s) in relation to one domain name or other Service(s) offered through your account, we may choose to terminate or suspend all Service(s) provided through your account, including Service(s) for other domain names. No fee refund will be issued when there is a suspension or termination of Service(s) for cause.

At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, as preferred by us, to the WHOIS contact information associated with your domain name registration. Following notice of termination, except for cause, you must either transfer your domain name or risk that we may delete your domain name or suspend or modify Services associated with it. In cases where we terminate Services for reasons other than cause, we will attempt to refund your fees. You also acknowledge and agree that your registration of a domain name is subject to suspension, cancellation, or transfer through any ICANN procedure, registrar or registry administrator procedures sanctioned by an ICANN-adopted policy. This may occur to rectify errors made by us, another registrar, or the registry administrator in managing the domain name, or to resolve disputes related to the domain name.

Our services

We resell domain names from accredited registrars under the authority of the Internet Corporation for Assigned Names and Numbers (ICANN) for various Top-Level Domain Names (TLDs), such as .com, .net, .org, .de, .co.uk, and more. ICANN is the governing body that oversees registrations and other aspects of TLDs. It’s important to note that domain name registrations only become effective once the registry administrator processes them. You can find a list of registry administrators and further information about TLDs on the ICANN website at http://www.icann.org/tlds/.

Domain name registrations have limited terms and expire on their respective expiration dates. For domain names newly created from the available namespace, the term starts on the date when the domain name registration is acknowledged by the relevant registry. For domain names that were not returned to the available namespace, the term begins on the date when the previous registrant’s domain name registration was acknowledged by the applicable registry.

You agree that neither we nor your Primary Service Provider are liable or responsible in any way for any errors, omissions, or any other actions taken by the registry administrator in connection with a request to register, renew, modify settings for, or transfer a domain name registration. Further details regarding our limitation of liability are provided below.

You also agree that domain name registration is a service, and domain name registrations are not separate from the services provided under this or a similar registration agreement with a registrar. These services do not create a property interest in the domain name.

Not subject us to any claim

You also agree to indemnify, defend, and hold harmless us, your Primary Service Provider, and the relevant registry administrator(s), which may include Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at ICANN’s registry listing, along with all directors, officers, employees, and agents of these parties. This indemnification covers any and all claims, damages, liabilities, costs, and expenses (including direct, indirect, incidental, special, or consequential damages, as well as reasonable legal fees and expenses) arising from or related to the domain name registration services you obtain from us.

Not included in the services

We do not have the capacity to verify whether the domain name(s) you choose or the use you make of the domain name(s) and other Services infringe on the legal rights of others. It is your obligation to ensure that your selection and use of domain name(s) do not infringe on the legal rights of third parties. In cases where a court orders us to cancel, modify, or transfer your domain name, it is your responsibility to provide accurate contact information in your account and to engage with litigants, potential litigants, and governmental authorities. We are not accountable for forwarding court orders or other communications to you. We will comply with court orders unless you contact us to contest the order.

If lawsuit are threatened

If we face legal action or threats of legal action related to the Services we provide to you, we may ask you to indemnify us and protect us from any claims and expenses, including attorney’s fees and court costs. In such cases, you agree to obtain a performance bond from a reputable bonding company upon request. If you are unable to obtain a performance bond, you agree to deposit money with us to cover our reasonably anticipated expenses related to the matter for the upcoming year. This deposit will be used to cover expenses as they are incurred, with all account notices sent to the WHOIS contact information associated with your domain names and account. We are not obligated to offer you any credit for these expenses, and we may terminate the Services if you fail to make or renew such a deposit. Any unused deposit will be returned to you after one year from the date of deposit or upon the conclusion of the matter, whichever is later.

Dispute resolution policy

You agree to adhere to the Uniform Domain Name Dispute Resolution Policy (UDRP), which can be found at the URLs provided. You acknowledge that the UDRP may be modified by ICANN or its successor at any time. If a third party challenges the registration or reservation of your domain name, you agree to abide by the provisions outlined in the Dispute Policy that is in effect at the time of the dispute. In the event of a domain name dispute with a third party, you also agree to indemnify and hold us harmless in accordance with the terms and conditions of the UDRP. It’s important to regularly check the email sent to the address associated with your account and domain names. Failing to respond promptly to emails related to any dispute may result in the loss of your rights to receive the Services.

Fees

In exchange for the Service(s), renewal of the Service(s), and any automatic renewal of the Service(s) you decide to keep, you agree to pay the relevant Service(s) fees before the Service(s) become effective. Please note that all fees are non-refundable, regardless of whether your domain name registration is suspended, canceled, or transferred before the end of your current registration term, unless explicitly provided otherwise in this Agreement. We reserve the right to request that you make payments through a specific payment method (e.g., credit card or wire transfer) or that you switch from one payment provider to another, at our discretion.

Expiration and renewal of service

Domain registrations are subject to automatic renewal, although you have the option to opt out of this feature in your client control panel. It is your responsibility to maintain records and reminders for the expiration dates of your domain name registration and other Services. We, and your Primary Service Provider, may send notifications via email or through your account as a convenience to remind you when renewal fees are due, but these notifications are not binding commitments. If you fail to pay these fees, your Services will expire or be canceled.

Payment for renewal must be made via credit card or any other method that we may accept or require at the time. If you opt for automatic renewal of the Service(s), we may attempt to renew them a reasonable time before their expiration, provided your billing information is available and up to date. You are responsible for ensuring your billing information is accurate, and we may contact you to update it if a transaction fails to process successfully. Please note that automatic renewal may not be available for certain TLDs (Top-Level Domains).

Vivihosting.com will make an effort to renew domains on behalf of the Client. However, it is important to note that there is no guarantee of successful renewals, even when attempting to renew expired domains. It remains the Client’s responsibility to verify the status of their domain name renewal by checking the WHOIS database and other relevant sources to ensure that the domain name has been successfully renewed.

Account contact and domain name WHOIS information

To maintain your domain name registration and other Services, you must provide accurate and up-to-date information. This includes details about your account and WHOIS information for your domain name(s). You are responsible for ensuring that your information remains current, complete, and accurate. The required information may include your name, postal address, email address, voice telephone number, and, if available, a fax number.

Please note that the specific information required may change, and you are responsible for updating it accordingly. Failure to provide the necessary information may lead to the suspension, termination, or non-renewal of your domain name registration and other Services. Incomplete information may also prevent you from obtaining certain Services.

You may also provide information related to the name-servers assigned to your domain name(s). If we are providing name-server services, you agree that we may supply this information and point your domain name to a website of our choosing until you provide the name-server information or upgrade from “Name Only” Services.

Your obligations and representations relating to the account WHOIS contact information

The section outlines your responsibilities and representations regarding the provision of information on behalf of third parties and ensuring the accuracy of domain name registration and Service information:

  1. Third-Party Information: If you provide information on behalf of a third party while registering a domain name or acquiring other Services, you must have obtained explicit consent from that third party and informed them about the disclosure and use of their information as described in this Agreement.
  2. Truthful Statements: You represent that the information provided in your application is accurate, and you confirm that the domain name you are registering and the Services you are obtaining are not for unlawful purposes.
  3. Obligation to Update Information: You acknowledge that failure to provide accurate information or update it promptly is a material breach of this Agreement, which may lead to the suspension or termination of Services.
  4. Timely Responses: You agree to respond within ten (10) calendar days to any inquiries by us regarding the accuracy of your account and WHOIS contact information. Failure to do so may result in a material breach of the Agreement and subsequent suspension or termination of Services.
  5. Monitoring of Email: You should regularly monitor email sent to the address associated with your account and WHOIS contact information. Failure to respond appropriately to emails regarding disputes related to domain names or Services may result in the loss of domain name rights or the right to receive the Services.
  6. Reporting Discrepancies: You are responsible for reporting any discrepancies concerning domain names, such as incorrect expiration dates, inaccurate contact information, and billing errors, to us.

These obligations and representations are critical to maintaining accurate domain name registration and Service information, and compliance is necessary to prevent the suspension or termination of your Services.

Account limitation of our liability

This section outlines the procedure for changing your account or domain name WHOIS information and the importance of safeguarding your account login identifier and password:

  1. Changing Information: To modify any of your account or domain name WHOIS information, you need to access your account with your Primary Service Provider or with us.
  2. Protection of Login Information: It is your responsibility to protect your account login identifier and password from unauthorized use.
  3. Authorization of Account Access: You agree that anyone with access to your account login identifier and password will have the ability and your authorization to make changes to your account and domain name information.
  4. Reasonable Precautions: We will take reasonable precautions to safeguard the information you provide. This includes procedures for assisting parties who claim to have lost their account access information.
  5. Limitation of Liability: You acknowledge that even if we take reasonable precautions, we are not liable if these precautions fail to prevent unauthorized use or misuse of your account identifier or password. Our liability, under any circumstances, is subject to the limitation of liability provision found elsewhere in this Agreement.

It’s crucial to keep your login information secure to prevent unauthorized access and potential misuse of your account and domain name information. The Agreement limits our liability regarding the security of your account access.

Transfers

This section outlines the process for transferring your domain name services, including the use of a “Registrar Lock” and the associated requirements:

  1. Transfer Policy: You agree that the transfer of your domain name services will be governed by ICANN’s transfer policy, which may be modified from time to time. You acknowledge that this policy sets the rules for domain name transfers.
  2. Registrar Lock: We may place a “Registrar Lock” on your domain name services. This lock prevents unauthorized transfers of your domain name services. By allowing your domain name services to remain locked, you object to any transfer requests until the lock is removed.
  3. Initiating Transfers: To initiate a transfer, you should log in to your account to lock or unlock your domain name services and obtain the EPP “AuthCode” if required for the transfer. Alternatively, you can contact your Primary Service Provider for assistance with locking or unlocking and obtaining the EPP “AuthCode.”
  4. Transfer Approval: Only the registrant and the administrative contacts listed in the WHOIS information are authorized to approve or deny a transfer request.
  5. Transfer Restrictions: Domain name services cannot be transferred under certain conditions, including within 60 days of initial registration, within 60 days of a prior transfer, during a dispute regarding the registrant’s identity, if the registrant is bankrupt, or if there are unpaid fees.
  6. Transfer Process: We follow ICANN’s procedures for both gaining and losing registrars as outlined in the transfer policies. Typically, transfer requests take about five business days to process. However, a transfer will not be completed if your domain name registration services expire during this period. In such a case, you may need to resubmit the transfer request.
  7. Transfer Timing: If a transfer is initiated near the end of a registration term, you assume the risk that the transfer may not be completed due to time constraints.

It’s important to follow the outlined procedures when transferring your domain name services and to consider potential timing issues, especially when initiating a transfer close to the end of a registration term.

Privacy policy

This section discusses the disclosure of domain name registration information and your agreement regarding this disclosure:

  1. Information Disclosure: You agree and consent that we will make the domain name registration information you provide available to the following parties:
    • ICANN (Internet Corporation for Assigned Names and Numbers)
    • The registry administrator(s) responsible for the specific top-level domain (TLD)
    • Other third parties as required or permitted by ICANN and applicable laws
  2. Disclosure Methods: This information may be disclosed through various means, including web-based and other online WHOIS lookup systems. Such disclosure may occur during or after the term of your domain name registration.
  3. Waiver of Claims: You irrevocably waive any claims or causes of action you may have arising from such disclosure or use of your registration information. This means that you give up any rights to challenge or seek redress regarding the disclosure of your registration details.
  4. ICANN Guidelines: You acknowledge that ICANN may establish or modify guidelines, limits, and requirements related to the information we must make available to the public or private entities, as well as the manner in which this information is disclosed.
  5. Access to WHOIS Information: ICANN’s guidelines and requirements regarding WHOIS information can be found on their website. ICANN may also provide guidelines related to the WHOIS service.
  6. Public Availability: You agree that we may make some or all of the information you provide publicly available or directly accessible to third parties for various purposes, including inspection through our WHOIS service, targeted marketing, and other uses permitted by applicable laws.
  7. Bulk WHOIS Data Access: We may provide bulk WHOIS data access to third parties who enter into a bulk WHOIS data access agreement with us. This allows third parties to access domain registration information in bulk. You have the option to choose whether your WHOIS information is made available for bulk access.
  8. Discontinuation of Bulk WHOIS Data Access: We reserve the right to discontinue providing bulk WHOIS data access to third parties.

Please note that your domain registration information may be disclosed to comply with ICANN and legal requirements, and you have agreed to these provisions regarding information disclosure as part of your registration agreement.

Ownership of information and data

In this section, you acknowledge and agree to the ownership and rights associated with domain name registration information and related data:

  1. Ownership of Domain Name Database: You agree and acknowledge that we own all the worldwide rights, titles, and interests in our domain name database, as well as all information and derivative works generated from this database. This ownership includes data from registrations for which we are the registrar.
  2. Information Owned by Us: For registrations where we are the registrar, we own the following information:
    • The original creation date of the registration
    • The expiration date of the registration
    • Contact information for all parties involved in the domain name registration, including name, postal address, email address, voice telephone number, and, where available, fax number
    • Any remarks or comments concerning the registered domain name that appear or should appear in the WHOIS or a similar database
    • Any other information generated or obtained during the provision of domain name registration services, except for specific registration details (e.g., the domain name itself, IP addresses of the primary and secondary nameservers, and the corresponding names of those nameservers).
  3. Ownership of Personal Registration Information: It’s important to note that we do not have any ownership interest in your specific personal registration information beyond our rights in the domain name database. Your personal registration information is separate and distinct from our ownership of the domain name database.

This section clarifies the ownership rights associated with domain name registration data and related information.

Agents and licenses

This section covers your obligations and responsibilities when registering a domain name for someone else or when licensing the use of a domain name to a third party:

  1. Registering a Domain for Someone Else: If you register a domain name on behalf of another person, you represent that you have the authority to legally bind that person to all the terms and conditions outlined in this Agreement. In essence, you are acting as an agent for the domain name registrant, and you both are bound by this Agreement.
  2. Licensing the Use of a Domain Name: If you grant a third party the right to use the domain name registered in your name, you still maintain your status as the domain name holder of record. This means that you are responsible for all obligations under this Agreement. These obligations include, but are not limited to:
    • Payment obligations
    • Providing and updating your full contact information
    • Supplying accurate technical, administrative, billing, and zone contact information that is sufficient to facilitate the timely resolution of any issues or problems that may arise in connection with the domain name and domain name registration.

In summary, even if you allow another party to use the domain name, you are ultimately responsible for all aspects of the domain name registration and must ensure that the contact information is up to date for effective management.

After the expiration of the term of domain name registration

After the expiration of the term of domain name registration services, but before the domain name is deleted from the applicable registry’s database, the following actions may be taken by us:

  1. Directing the Domain to Designated Name-Servers and IP Addresses: We may direct the expired domain name to name-servers and IP address(es) designated by us. These designations may include various options, such as no IP address, IP address(es) hosting a parking page, or IP address(es) for a commercial search engine that could display advertisements.
  2. Modifying WHOIS Information: We may make changes to the WHOIS contact information for the expired domain name. This could involve leaving your WHOIS information intact, or it may involve changing the contact information in the WHOIS output so that you are no longer listed as the registrant of the expired domain name.

These actions are typically taken to manage domain names that have expired, and they may help facilitate the potential re-registration or release of the domain name in the future. It’s important to be aware of these possibilities in the context of expired domain name registration services.

Limitation of liability

You agree to the following terms and limitations regarding our liability:

  1. Suspension or Loss of Services: We will not be liable for any suspension or loss of the Services, including domain name registration services.
  2. Use of Services: We are not liable for any use of the Services, including domain name registration services.
  3. Interruption of Services: Our Services, including domain name registration services, may not be uninterrupted. We are not liable for interruptions to our services or interruptions to your business that may result.
  4. Access Delays and Interruptions: You acknowledge that access to our website(s) or services, as well as access to domain names registered with us, may be subject to delays or interruptions. We are not responsible for such delays or interruptions.
  5. Acts Beyond Our Control: We will not be liable for any loss or liability resulting from acts of or events beyond our control.
  6. Data Issues: We are not liable for issues related to data, including data non-delivery, mis-delivery, corruption, destruction, or other modifications.
  7. Application for Domain Name Registration: You agree that we are not liable for the processing of an application for domain name registration.
  8. Unauthorized Use: Loss or liability resulting from the unauthorized use or misuse of your account identifier or password is not our responsibility.
  9. Dispute Policy: We are not liable for the application of the dispute policy.

Additionally, you agree that neither we nor your Primary Service Provider will be liable for any indirect, special, incidental, or consequential damages of any kind, including lost profits, regardless of the form of action, whether in contract, tort (including negligence), or otherwise, even if we or your Primary Service Provider have been advised of the possibility of such damages. This includes damages resulting from any issues with the Services, domain name registration, or related matters.

Indemnity

You agree to release, indemnify, and hold ICANN, the registry operators, us, your Primary Service Provider, and their contractors, agents, employees, officers, directors, shareholders, and affiliates harmless from all liabilities, claims, and expenses, including attorney’s fees and court costs, related to third-party claims arising under this Agreement, the Service(s) provided, or your use of the Service(s). This includes claims related to infringement of intellectual property or other proprietary rights and violations of our operating rules or policies.

In cases where we are involved in a legal dispute with a third party related to the Service(s) provided to you under this Agreement, we may request written assurances from you to indemnify and hold us harmless from the costs and liabilities described in this paragraph. These assurances may include posting a performance bond or other guarantees to ensure payment. Failure to provide such assurances may be considered a breach of this Agreement and may result in the loss of your right to control domain name services for which you are the registrant and for which we are the registrar of record. This indemnification requirement is in addition to any indemnification obligations under the Uniform Domain Name Dispute Resolution Policy (UDRP).