.biz, .org, .info Domain Registrant Agreement
1. AGREEMENT. In this registration agreement (Agreement) you and your refer to the registrant of each domain name registration, and we, us and our refer to the Registrar (as defined in clause 28 below). This Agreement explains our obligations to you, and explains your obligations to us for your .biz, .org or .info domain name registration (Services).
2. SELECTION OF A DOMAIN NAME. You represent and warrant that:
(i) the data provided in the domain name registration application is true, correct, up to date and complete,
(ii) to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
(iii) that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever
(iv) the registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use, or (b) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
(v) you have the authority to enter into this Agreement; and
(vi) the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
3. FEES. As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to: (1) provide certain current, complete and accurate information about you as required by the registration process and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (Account Information). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
4. TERM. This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 3, 11, 12 and 15 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
5. MODIFICATIONS TO AGREEMENT. You agree that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by e-mail or your country's postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (Dispute Policy) as presently written and posted on http://www.icann.org/urdp/udrp.htm and as shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at http://www.icann.org/udrp/udrp.htm; and
(ii) The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.icann.org/resources/pages/rdrp-2012-02-25-en; (collectively, Dispute Policies).
The UDRP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz, .org or .info domain name with any third party (other than registry administrator or registrar) over the registration or the use of a .biz, .org or .info domain name registered by that registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the restrictions will be enforced directly by or through the Registry (or its administrator). The Registry will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
9. POLICY. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registrar, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with any ICANN or government-adopted policy), (1) to correct mistakes by us or the applicable Registry in registering the name and/or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party / parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 16 (Information) and 17 (Disclosure and Use Of Registration Information) below).
11. LIMITATION OF LIABILITY. You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, regardless of the form of action whether in contract, tort (including negligence) or otherwise, even if we have been advised of the possibility of such damages or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss or liability suffered by any party resulting from, but not limited to: (1) access delays or access interruptions to the Services or our systems; (2) data non-delivery or data miss-delivery; (3) acts of God (or force majeure); (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) the interruption of your Services or your business; and/or (7) loss of registration and/or use of your domain name. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.
Where legislation implies into this Agreement any term or warranty that cannot lawfully be excluded, that term or warranty is included but our liability in respect of a breach of that term or warranty is, where permitted by such legislation, limited at our option to any one or more of the following:
(a) if the breach relates to goods:
(i) the replacement of the goods or the supply of equivalent goods;
(ii) the repair of such goods;
(iii) the payment of the cost of replacing the goods or of acquiring equivalent goods; or
(iv) the payment of the cost of having the goods repaired; and
(b) if the breach relates to services:
(i) the supplying of the services again; or
(ii) the payment of the cost of having the services supplied again.
12. INDEMNITY. You agree to release, indemnify, and hold each of us, the Registry and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect), costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
13. BREACH. You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
14. NO GUARANTEE. You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
15. DISCLAIMER OF WARRANTIES. You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is," "as available" basis. To the maximum extent permitted by law, we expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the 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 that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that 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 the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
16. INFORMATION. As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
(iv) The name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.
17. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
18. REVOCATION. Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
19. RIGHT OF REFUSAL. We, and/or Registry, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
20. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
21. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
22. NON-WAIVER. Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
23. NOTICES. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via postal service. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail, notifications must be sent to us at email@example.com, or in the case of notification to you, to the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us shall be sent to:
Netregistry Pty Ltd
PO Box 270 Broadway
NSW 2007 Australia
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.
24. ENTIRETY. You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
25. GOVERNING LAW. This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Governing Jurisdiction (as defined below). Any action relating to this Agreement must be brought in the courts of the Governing Jurisdiction and you irrevocably consent to the jurisdiction of such courts. Where the Governing Jurisdiction is Ontario, Canada, the rules governing choice of laws shall not be referred to.
26. INFANCY. You attest that you are of legal age to enter into this Agreement.
27. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
Governing Jurisdiction means: (a) Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or (b) New South Wales, Australia, where your Registrar is either (i) Netregistry Pty Ltd; (ii) PlanetDomain Pty Ltd; (iii) TPP Domains Pty Ltd; or (iv) TPP Wholesale Pty Ltd.
Registrar means the Registry accredited entity your domain name is registered with, being either: (a) Tucows Domains, Inc.; (b) Netregistry Pty Ltd; (c) PlanetDomain Pty Ltd; (d) TPP Domains Pty Ltd (trading as TPP Internet); or (e) TPP Wholesale Pty Ltd, as can be determined by performing a WHOIS record search on your domain name at https://www.netregistry.com.au/domain-names/whois/ and reviewing the entity specified as the "Registrar ID" and/or "Registrar Name" (or "Sponsoring Registrar"). Where the Registry accredited entity your domain name is registered with is not Netregistry Pty Ltd, any reference to "Registrar" (including "we", "us" and "our") in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to Netregistry Pty Ltd.
Registry means (i) Afilias Limited for .info domain names, (ii) Public Interest Registry for .org domain names, and (iii) Neustar, Inc. for .biz domain names.