DOMAIN NAME REGISTRATION AGREEMENT
OUR GOAL IS TO PROVIDE YOU WITH THE BEST POSSIBLE DOMAIN REGISTRATION SERVICES. TO FULLY UNDERSTAND THE TERMS THAT APPLY TO THE SERVICES WE OFFER, WE SUGGEST YOU PLEASE CAREFULLY READ THE FOLLOWING. BY USING THE SERVICES OF Domainregservices.com, YOU AGREE TO BE BOUND BY THE TERMS OF THIS AGREEMENT.
2. Domainregservices.com Domain Name Registration, Renewal, and Management Services
We are an accredited Registrar of the Internet Corporation For Assigned Names and Numbers ("ICANN") for the generic top level domains ("gTLDs”) including but not limited to .com, .net and .org. We are also an authorized Registrar for country code top level domains (“ccTLDs”) including .de, .co.uk, .nl and many others.
3. Web Hosting Services
Domainregservices.com provides web hosting services in a variety of combinations, which include disk space, bandwidth, email and FTP services.
4. Domainregservices.com’s Right to Modify, Change or Cancel Products or Services
We reserve the right to modify this Agreement and/or related agreements at any time. Changes to this Agreement will be posted to our website and become effective immediately upon posting. Your continued use of any of the registered domain names in your Domainregservices.com account constitutes your acceptance of any modifications to this Agreement.
We may, in our sole discretion, suspend, cancel, or modify our services or your use of our services at any time without notice to you.
You acknowledge and agree that all services are provided on an “as is” and “as available” basis.
5. Our Relationship to You and Agency
This Agreement shall not create any agency, partnership, or other form of joint enterprise between you and us.
In the case of services which are used or accessed by your agent(s), you understand and agree that you will be bound as principal by all terms and conditions in this Agreement. You agree to accept all liability for harm caused by wrongful use of any domain name registered to you. You agree to secure agreement of any third party agent to the terms and conditions of this Agreement.
i. You agree to pay in full all applicable fees for all services we provide. Domainregservices.com offers a 30-Day Money Back Guarantee for all of our web hosting plans. If you are not satisfied with your service you may cancel within the first thirty days and receive a full refund, minus any domain registration fees. If your hosting plan included a free domain registration and you exercised said registration the refund will be less the cost of the registration.
ii. If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
7. Your Warranties, Responsibilities and Obligations
You warrant that you are of legal age and have all requisite power and authority to execute this agreement and perform all obligations. You agree that use of our services is completely at your own risk.
As part of the registration process, you agree to provide the requested contact and other account information and to maintain and keep it promptly updated so that it is always current, complete, and accurate.
The following contact information is required for each domain name registered:
This information will be published in the publicly accessible WHOIS database. You represent and warrant that you have given notice to and obtained consent from any third parties whose personal data you provide to us. You agree that Domainregservices.com is not responsible for any consequences resulting from your failure to give notice or get consent from these third parties, if any.
The following constitute a material breach of this Agreement and are sufficient reason for seizure, transfer, or cancellation of your domain names and/or other services:
If you license use of a domain name to a third party, you agree to remain the registered domain name holder and you will be responsible for providing and maintaining current, complete, and accurate information needed to quickly resolve any problems concerning the domain name. If you do license the use of a domain name, you agree to accept all liability for harm caused by its wrongful use.
You acknowledge and agree that it is your responsibility to determine whether the registration and use of your domain name infringes the rights of any third party or violates any applicable laws or regulations.
You warrant that neither the registration of your domain names, nor the manner in which they are or will be used, infringes the intellectual property rights or other legal rights of any third party.
8. Acceptable Use
You affirm and guarantee that you will not use our Services in connection with any illegal activities or in a manner that violates any applicable local, state, national, or international laws or regulations.
You also affirm and guarantee that neither the content you place on our network, nor the domain names you register through our services shall contain or resolve to websites hosted elsewhere which contain illegal activities or prohibited content or links to similar.
Illegal activities and prohibited content include but are not limited to:
If you are in violation of any of the above provisions or are engaged in any other misleading or illegal activities, you agree that we may suspend, cancel, transfer or modify your use of services or individual domain names without prior notice to you.
No fees will be refunded if any of the activities mentioned above, or any other inappropriate or illegal activities, result in the suspension, transfer or other such loss your domain name.
9. Our Disclosures and How We Use Your Contact Information
10. Premium and Aftermarket Domain Name Services
Any Domain Names obtained through our Aftermarket Services are subject to additional temporary limitations including, but not limited to, transferability.
Premium and.or Aftermarket domain names may not be transferred from Domainregservices.com to another registrar for a period of six months following the date that registration transfers from the domain seller to you. Furthermore, such domain names are subject to all terms and conditions of this Agreement for as long as the domain name(s) are registered through us.
11. Domain Name Dispute Resolution Policy
We have fully adopted the ICANN Uniform Domain Name Dispute Resolution Policy (“UDRP”) as our own trademark dispute resolution policy. You acknowledge that you have read and understood, and agree to be bound by the terms and conditions of the UDRP, found here: http://www.icann.org/udrp/udrp-policy-24oct99.htm.
In addition, if we are notified that your regisration of any domain names is challenged by any third party, or is the subject of a complaint that has been filed with a governmental, administrative, or judicial body, then we may take responsive actions, including without limitation:
As further set forth below, you agree to indemnify, defend and hold Domainregservices.com and affiliated parties harmless in any and all proceedings regarding a domain name that becomes subject to a UDRP or any other domain name dispute.
12. DISCLAIMER OF WARRANTIES
WE DO NOT WARRANT GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH ANY OF OUR SERVICES, NOR ANY TRANSACTIONS ENTERED THROUGH SUCH SERVICES. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT.
WE DO NOT WARRANT THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE OR ERROR FREE; NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES.
YOU DOWNLOAD OR OTHERWISE OBTAIN ANY MATERIAL AND/OR DATA THROUGH THE USE OF OUR SERVICES AT YOUR OWN DISCRETION AND RISK. YOU ARE 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 ARE NOT RESPONSIBLE OR LIABLE IN ANY WAY FOR ANY ERRORS, OMISSIONS OR ANY OTHER ACTIONS BY THE REGISTRY ARISING OUT OF OR IN CONNECTION WITH YOUR APPLICATION FOR REGISTRATION OR RENEWAL OF A PARTICULAR DOMAIN NAME, OR A FAILURE TO REGISTER OR RENEW A PARTICULAR DOMAIN NAME.
TO THE EXTENT SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
13. Limitation of Liability
You agree that Domainregservices.com’s entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid to us for that service. Sun Mountain (including its agents, affiliates, officers, principals, owners, directors, employees, and contractors) shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the services, or for the cost of obtaining of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Domainregservices.com’s liability is limited to the minimum permitted by law.
Domainregservices.com will not accept any liability, except as set forth in the preceding paragraph, for any loss resulting from any cause, including but not limited to: negligence; conversion or trespass to chattels; willful acts or omissions; strict liability; the unauthorized or illegal activity of a third party; an error or omission in the WHOIS database maintained by either Domainregservices.com or a third party registrar; access delays or access interruptions; data non-delivery or data mis-delivery; events beyond our control or acts of God; the unauthorized use or misuse of your account, login or password; errors, omissions, or misstatements in any and all information or services provided under this Agreement; the deletion of or failure to store e-mail messages; the development or interruption of your website; your inability to use our services; the loss of registration or processing of a domain name or the loss of use of a domain name; the failure for whatever reason to register a domain name and/or to renew a domain name registration; or any act or omission by you.
You acknowledges and agree that we are not responsible or liable in any way for any errors, omissions or any other actions by the Registry arising out of or in connection with the your application for registration or renewal of a particular domain name. Neither are we liable for the Registry’s failure to register or renew a particular domain name.
You agree to release, indemnify, and forever hold harmless, Sun Mountain and our directors, officers, employees, agents, contractors, shareholders, affiliates and assigns, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys’ fees and expenses) arising out of or related to your use of our goods or services. This includes, without limitation, any claim, action, proceeding, suit, or demand arising out of or related to: infringement, dilution, or any other illegal activity by you, or a third party’s use of our services from your computer and/or account with us; infringement or violation of any intellectual property or other proprietary right of any person or entity; violation of any of our operating rules or policies or terms and conditions of this Agreement or any other agreement relating to the services provided; your application for, registration or renewal of a domain name; or any failure to register or renew a domain name.
You agree to indemnify, defend and hold harmless Registries and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.
You shall promptly provide us written assurances of your indemnification obligation, if we request it. Your failure to provide such assurances will be considered a material breach of this Agreement, and may lead to suspension, transfer and/or deletion of any domain name(s) registered by you.
Your indemnification obligation shall survive the termination or expiration of this Agreement.
15. Breach of this Agreement
Your failure to comply completely with the terms and conditions of this Agreement, or any of our other agreements, rules or policies, will be considered a material breach of this Agreement.
In such event, we may provide you with notice of the breach via email to the address you have provided us. After we have provided such notice, you will have two (2) business days to either cure the breach or offer evidence to show you are not in breach. In our sole discretion, our further actions may include, but are not limited to, suspension, transfer, or cancellation of your domain name(s) and/or any other of our services.
Our failure to act upon or notify you of any breach shall not excuse you from that breach or from any future breach.
16. Our Notices to You
You acknowledge and agree that all notices from us to you will be sent via email to the contact email address provided for your account at the time the notice is prepared. Any notice sent shall be deemed to have been received and effective at the time and date of transmission logged by the sender's email server.
We have no responsibility to attempt contact through any means or address you may provide, other than the email address listed on your account.
17. Parked Domain Service
All domain names registered via Domainregservices.com will automatically be provided a Parked Domain Service. All domains will default to our name servers unless and until you modify your default settings. At any time, you may disable the placeholder page by updating, modifying or otherwise changing the name servers for the relevant domain name.
Domain names using our Parked Domain Service may display a placeholder page for your future website. These placeholder pages may include contextual and/or other advertisements for products or services. Domainregservices.com will collect and retain any and all revenue acquired from these advertisements, and you will have no right to any information or funds generated via the Parked Domain Service.
You agree that we may display our logo and links to our website(s) on pages using the Parked Domain Service.
Domainregservices.com will make no effort to edit, control, monitor, or restrict the content displayed by the Parked Page Service. Any advertising displayed on your parked page may be based on the content of your domain name and may include advertisements of you and/or your competitors. It is your responsibility to ensure that all content placed on the parked page conforms to all local, state, federal, and international laws and regulations.
It is your obligation to ensure that no third party intellectual or proprietary rights are being violated or infringed due to the content placed on your parked page. Neither Domainregservices.com nor our advertising partners will be liable to you for any criminal or civil sanctions imposed as a direct or indirect result of the content or links (or the content of the websites to which the links resolve) displayed on your parked pages.
As further set forth above, you agree to indemnify and hold Domainregservices.com and its affiliated parties harmless for any harm or damages arising from your use of the Parked Domain Service.
18. Severability of the Terms of this Agreement
Terms of this Agreement are severable. If any term, provision or section of this Agreement is declared illegal, invalid or unenforceable, then it shall be severed and disregarded and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.
If we fail to require your performance of a provision of this Agreement, it will not be considered a waiver of our right to require such performance at any later time. Our waiver of a breach of any provision of this Agreement will not be considered a waiver of the provision itself, nor a waiver of that breach or any future breach.
20. Entire Agreement
This Agreement, all of our other published agreements, rules and policies, constitute the entire agreement between you and us, and supersedes all previous agreements and understandings between you and Domainregservices.com.
21. Law Governing this Agreement; Venue; Your Waiver of Jury Trial
This Agreement is entered into in the State of Colorado. Any disputes regarding the Agreement will be governed by and interpreted under the laws of the State of Colorado. You agree that any action relating to or arising out of this Agreement, from your use of our website, or otherwise relating to the provision of services to you, will be brought in an appropriate court located within the City and County of Denver, Colorado.
You agree to waive any right to trial by jury in any proceeding relating to or arising out of this Agreement.
22. Additional Registry Requirements
The following additional provisions apply to any domain names that you register through Domainregservices.com with the relevant registries:
To have your .XXX domain name become a live website, you must self-attest to being a member of the Sponsored Community and complete the Membership application. Registered .XXX domains will remain on hold until you complete the Membership Application, and apply your Membership Token to your .XXX domains from inside your Domainregservices.com account. No refunds will be issued for domains that remain on hold as a result of an incomplete Membership Application or lack of a Membership Token. Further details regarding the confirmation process are available at http://www.icmregistry.com/about/sponsored-community/