Domain Name Registry
REGISTRATION AGREEMENT - Terms of Service


This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Domain Name Registry to register a domain name on the Internet. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement, the accompanying fee schedule and dispute policy, and any rules or policies that are or may be published by Domain Name Registry. This Agreement will become effective when accepted by Domain Name Registry. You acknowledge that Domain Name Registry may modify this Agreement over time. If you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name to another registrar or request of us that we cancel your domain name registration. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted, or immediately after viewing the revised Agreement. You agree to review this Agreement periodically to make yourself aware of any such revisions.

AUTHORITY

Person registering or renewing domain name ("Registrant") hereby authorizes and instructs Domain Name Registry ("domainnameregistry.com") to act as agent and on Registrants behalf to manage any domain name registrant orders through (domainnameregistry.com). All domain name registrations and/or renewals are processed through an ICANN accredited registrar that (domainnameregistry.com) is a reseller for, currently bulkregister.com or enom.com. However, we at our discretion may choose to use any other ICANN accredited registrar. This authority extends to domainnameregistry.com accessing Registrants domain name file to modify incorrect data and to manage all other aspects of this domain name, including the transfer of the domain name to another ICANN accredited registrar. Domain Name Registry makes no representations as to whether or not these names infringe or violate any trademark or intellectual property rights. This is the sole responsibility of the Registrant

1. Fees


A. As consideration for the domain name registration services provided by Domain Name Registry, you shall pay all applicable initial registration fees and renewal fees. Current fees are based on the length of registration chosen and can be found on our website by using the Pricing link. Each extention ordered is considered a separate domain name. For example, if you order mydomain.com and mydomain.net this is considered two(2) domain names

B. All fees are non-refundable.

C. You agree that by submitting a domain name registration through domainnameregistry.com you are creating work order, which is a legally binding contract. In the event of a charge back by a credit card company in connection with the payments of the registration or renewal fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to domainnameregistry.com as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. Your account will be sent to collections and will be reported to the major credit reporting agencies as a non-payment. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.



2. Dispute Policy


In applying for a domain name, you warrant that the registration is not made in bad faith and that the name does not conflict with another domain name. You agree to be bound by the current ICANN Uniform Domain Name Dispute Resolution Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Domain Name Registry may modify the Dispute Policy in its sole discretion at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.

You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold Domain Name Registry harmless.

3. Use of Your Information


As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.

You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you remain responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information.

You acknowledge that Domain Name Registry will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that Domain Name Registry may or must make available to the public or to private entities. Domain Name Registry will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in Domain Name Registry's possession to review, modify or update such information.

4. Use Policies


Domain Name Registry reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity.

5. Agents and Licenses


You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.

You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.

6. Limitation of Liability


YOU AGREE THAT DOMAIN NAME REGISTRY WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OR RENEWAL OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DOMAIN NAME REGISTRY'S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DOMAIN NAME REGISTRY; (e) EVENTS BEYOND DOMAIN NAME REGISTRY's CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DOMAIN NAME REGISTRY WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DOMAIN NAME REGISTRY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOMAIN NAME REGISTRY'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOMAIN NAME REGISTRY FOR REGISTRATION OF YOUR DOMAIN NAME. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

7. Indemnity


You agree to defend, indemnify and hold harmless Domain Name Registry and any applicable domain name registry, including Network Solutions, Inc., and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.

8. Representations and Warranties


You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Domain Name Registry makes no representation or warranties of any kind in connection with this Agreement. Domain Name Registry does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.

9. Breach and Revocation


Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Domain Name Registry. If you fail to cure the breach, Domain Name Registry may revoke your registration of the domain name.

You also agree that Domain Name Registry shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Domain Name Registry receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, re-querying the revocation, suspension, transfer or modification of the domain name registration.

10. Governing Law


This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California. You agree that any action to enforce this Agreement or any matter relating to your use of the Services shall be brought exclusively in the courts of California in the USA.

11. SLD Name Transfers Between Sponsoring Registrars.

You agree that you may change sponsoring registrars for any existing SLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any SLD name for a period of sixty (60) calendar days after registration of such SLD name with us. You agree to provide written, signed authorization to Domain Name Registry upon request for the transfer of the domain name to another registrar. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees. In connection with any transfer by you of SLD name(s) from one registrar (the "Losing Registrar") to us:

11.1. You represent and warrant that (i) you are either the SLD Holder, the administrative contact or the technical contact with respect to the SLD name(s) being transferred; and (ii) if transferring an SLD name on behalf of a Customer, you have been gran ted the authority by such Customer to effect each such transfer.

11.2. To initiate a transfer of sponsoring registrars from a Losing Registrar to us, you shall notify us of the SLD name(s) you wish to transfer to us and we will, upon receipt of such transfer request, forward to you a Confirmation of Transfer. You agre e to confirm the accuracy of the Confirmation of Transfer and assent to the Confirmation of Transfer before being permitted to continue.

11.3. We will effect the proposed transfer of sponsoring registrars from the Losing Registrar only after the following conditions have been met:

(i) We have received evidence of your assent to the Confirmation of Transfer and all transfer fees associated with the transfer(s) have been paid in full; and
(ii) If the transfer involves an SLD name held by an SLD Holder other than you and we have notified such SLD Holder via the Administrative Contact of the proposed transfer and provided such Administrative Contact with a period of time to confirm or obj ect to such transfer, not to exceed 10 business days, such waiting period shall have expired or the express consent of such Administrative Contact shall have been obtained.

11.4. You agree and understand that we will effect the registration using the registration data on file with the Losing Registrar immediately prior to transfer, and understand that we may, at our discretion, limit your ability to make post-transfer change s to registration data for a reasonable period of time following transfer, not to exceed 15 business days.

11.5. When we make a request to the Losing Registrar (via the Registry) to transfer an SLD name registration to us from the Losing Registrar, you agree to pay us the applicable fee(s) as then in effect with respect to such transfer and agree to comply wit h the NSI Change in Registrar Policy.

12. Domain Name Renewals


Registrant understands and agrees that they are solely responsible for the renewal of their domain name. Knowing the expiration date of said domain name and ensuring that payment of renewal fees is completed prior to said expiration date is solely the responsibility of the Registrant. In the event that renewal fees are not paid in time, the domain name registration will be cancelled. You agree that Domain Name Registry shall have no liability whatsoever with respect to any such cancellation.

You understand and agree that in order to combat fraud, the only contact we will make regarding renewal of any domain name is to the contact information listed in you WHOIS information. As per section 3 of this agreement, you have agreed to keep this information current at all times.

13. Domain Name Record Modifications & Renewals


Registrant understands and agrees that they are solely responsible for ensuring that any modifications and/or renewals submitted to Domain Name Registry are updated at the main registry. This can be accomplished by checking Registrant's domain name record with a WHOIS service such as that at http://www.networksolutions.com/whois/index.jsp to ensure that Registrant's modifications or renewal were correctly processedd. Updates normally reflect in the WHOIS database within 72 hours. In the event that Registrant finds that said WHOIS record does not reflect the modifications or renewals submitted to Domain Name Registry, Registrant is responsible for contacting Domain Name Registry within 5 business days.

14. No Guarantee of registration or renewal


You acknowledge and agree that Domain Name Registry cannot guarantee that you will be able to register or renew a desired domain name, even if an inquiry indicates that domain name is available, since Domain Name Registry cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases. You further acknowledge and agree that Domain Name Registry may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Domain Name Registry is not liable or responsible in any way for any errors, omissions or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You additionally agree to indemnify, defend and hold harmless the applicable registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your application for and registration of, renewal of, or failure to register or renew, a particular domain name.

15. Included Services


As of 04-15-02, Domain Name Registry will provide all NEW domain name Registrants with certain included services. The Terms for all provided Free services can be found here and must be read and agreed to in addition to this agreement. The submission of your domain name application will constitute your agreement to that page as well. Cancelation of any of these services shall have no effect whatsoever on your domain name or the fees paid or due on your domain name.

16. General


This Agreement, the Domain Name Registry fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Domain Name Registry, and supersede and govern all prior proposals, agreements, or other communications.

Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Domain Name Registry to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by Domain Name Registry of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement. Domain Name Registry may amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Domain Name Registry as reflected in the original provision.

No provision of this Agreement, including the Domain Name Registry fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by Domain Name Registry.

All questions regarding this agreement should be directed to our legal department at legal@domainnameregistry.com.