Introduction

This is an Agreement between “You” and Domgate. In this Agreement (“Agreement”), “You” and “Your” shall refer to yourself as the customer and your agents, including each person associated with your account. “We”, “us” and “our” refer collectively to Domgate. This Agreement explains the obligations between you and us, based on your purchase of services from us. By purchasing a service through us, you agree to establish an account with us and be bound by this agreement terms. You also agree to be bound by the terms of this Agreement for transactions entered into by anyone who uses your account, whether or not the transactions were on your behalf and whether or not the transactions were with your permission. You agree that our acceptance of any registration and/or transaction request made by you for services or products provided by us will occur in Grasse, France.

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Fees and Payment

As consideration for the services and products (“Services”) you purchase from us, you agree to pay us the applicable fees set forth on our web site at the time of your purchase, or if applicable, upon receipt of your invoice from us. You agree to pay us at the time service is provided. You agree that all payments of fees shall be made in Euros. You agree to pay all fees by providing a valid credit card for immediate charge by us. You agree that all fees are due immediately and are non-refundable, except as otherwise expressly stated in this Agreement. If for any reason we are unable to charge your credit card for the full amount you owe to us, you agree that we may pursue any and all available remedies in order to enforce payment, including, but not limited to, immediate cancellation without notice to you of any service provided by us to you. You agree that we reserve the right to charge you, by charging to the credit card or web-based payment service account you have on file with us, or by sending you an invoice, additional service fees for administrative services above and beyond the scope of customer service issues ordinarily and reasonably handled by email, or for handling disputes that require legal services. You understand and agree that we have no obligation to commence services to you until we receive and successfully process your payment.

Term and Renewal

Unless otherwise specified on our web site or herein, each of our domain name registration services is for a one-year initial term, and is renewable thereafter for successive one to ten-year terms, as set forth during the renewal process or on our web site. You will be notified of upcoming renewal dates via email, a minimum of 30 days before a domain registration reaches its expiration date. Any renewal of your services with us is subject to our then-prevailing terms and conditions. You acknowledge and agree that the renewal price may be higher or lower than the price you paid for the then-current term of service. You acknowledge that it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your services are set to expire. As a convenience to you, and not as a binding commitment, we may notify you via an email message or via your account when renewal fees are due. If for any reason you do not complete timely payment of fees in connection with your renewal transaction, your services will expire or be cancelled. If you select automatic renewal of your services, we may attempt to renew the services a reasonable time before expiration, for a term equivalent to your original registration, at our then-current prices, provided your payment information is available and up to date. If for any reason whatsoever, we are unable to successfully process any automatic renewal transaction, and you fail to remedy the problem, your services will expire. You agree that you are solely responsible for the payment information you provide to us and must promptly notify us of any changes or updates to your payment information (e.g., change of expiration date or account number). You acknowledge that we are not required to, but that we may, contact you to update your payment information in the event that an attempted transaction is not processed successfully. You understand and agree that we accept no responsibility and shall have no liability to you or any third party in connection with the renewal of services, including, but not limited to, any failure or errors in renewing such services, or losses or damages related to any cancellation, discontinuation, expiration, or termination of services as a result of such failures or errors in renewing such services. You understand and agree that you bear the sole responsibility of renewing your services with us by logging into your account and completing the renewal process, or by taking whatever actions are required or requested by us in order to complete the renewal process. In all cases, domain name renewal transactions are final, irreversible, non-refundable, and ineligible for account credit.

Information Accuracy

You agree to provide true, accurate, current, and complete information about your account as required by the registration and/or application process (“Account Information”). You agree to maintain and update your account information when purchasing services, in order to keep the information accurate, current, and complete. You agree to notify us within five (5) business days when there is a change to any of your account information. You agree to respond within five (5) business days to any inquiries we may make to determine the validity of any information provided by you. You understand that we rely on the account information to send you important information and notices regarding your account and our services. Failure by you for any reason to provide us with accurate and reliable information at any time, or to timely respond to any inquiries to verify the information you provide, shall be considered a material breach of this Agreement.

Time of Entry Disputes

In the event of any dispute concerning the time of the entry of a Registered Name into a Registry Operator’s System (e.g. the date and time when a domain name is registered), the timestamp shown in the Registry System shall be authoritative.

Privacy and Information Use

You agree to be bound by our privacy policy that is incorporated herein by reference. You agree that we, in our sole discretion and at no liability to you for any resulting loss or damage, may modify our privacy policy. Revised privacy policies will be posted on our web site at the above link. You agree that, by using our services or maintaining any domain name registered through us, after modifications to our privacy policy have become effective, You have agreed to these modifications. You agree to periodically review our web sites to make yourself aware of any such revisions or changes. You agree that, if you do not agree to any modification, you may terminate this Agreement without refund or credit to you of any fees paid by you to us.

You agree that for each domain name you register with us, the following information will be made publicly available in ICANN’s WHOIS directory, may be shared with third parties, and may otherwise be made publicly available by us: (1) the domain name registered; (2) your name and postal address; (3) email address, postal address, telephone and facsimile numbers for your designated technical and administrative contacts; (4) internet protocol (“IP”) numbers for the primary and secondary name servers, and corresponding names of such name servers; and, (5) the date of registration and expected expiration date.

You understand and agree that we shall take reasonable precautions to protect your personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction. By using our services or maintaining any domain name registered through us, you understand and agree that we shall not be liable in any event for any direct, indirect, incidental, special or consequential damages resulting from, related to, or arising out of (1) a technical malfunction and/or, (2) your decision to post your personal data on our public webpages of our website.

Account Security

To access or use our services or to modify your account, you may be required to establish an account and obtain a user name, account ID and/or number, and/or password. You authorize us to process any and all account transactions initiated through the use of your password or other account information. You agree that you are solely responsible for maintaining the confidentiality of your password and account information. You agree to immediately notify us of any unauthorized use of your password and/or your account, or any other breach of security. You agree to participate in any and all security features made available to you by us, including but not limited to Secret Questions, locking features, or other security mechanisms, by providing complete, accurate, and truthful information. You agree that, if you participate in a security mechanism that results in a charge, fee, and/or liability imposed by a third party (e.g., text messaging charges from a mobile telephone provider resulting from the use of our Account Lock Feature), You are solely responsible for such charges, fees, and/or liabilities. You also agree that you are solely responsible for any and all charges, liabilities, and/or activities that occur on your account, whether initiated by you, by others on your behalf, or unauthorized, or by any other means. You agree that in no event shall we be liable for any loss whatsoever that you may incur as a result of someone else using your password, account, and/or account information, either with or without your knowledge or consent. You further agree that you could be held liable for any losses incurred by us or another party due to someone else using your password, account, or account information. We specifically disclaim any liability for any activity occurring on your account, whether authorized by you or not.

Right of Refusal, Service Cancellation, Acceptable Use Policy

You agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may refuse to accept or may delete the registration, application and/or transaction request of any service you may purchase through us. In the event we refuse or delete your registration, application and/or transaction request for a service through us within the times specified in the applicable sections of this Agreement, we may issue an account credit of any applicable fee(s) you have paid to us in connection with the registration being refused or canceled.

You further agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may delete, suspend, cancel, terminate, or otherwise interrupt any and all services you may purchase through us, or your customer account with us, at any time during the term of this Agreement, if such service or account is used in association with morally objectionable activities.

Morally objectionable activities include, but are not limited to, the transmission of unsolicited mail or “spam”; activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; activities that promote unlawful behavior, such as hate crimes, terrorism, or child pornography; activities that are designed to or that effectively defame, slander, harass, embarrass, threaten, abuse, or harm third parties; activities that impersonate the identity of any third parties; activities that are harmful to minors in any way; activities that constitute fraud or that have a fraudulent purpose; activities that are designed to or that effectively infringe upon the copyright, trademark, trade secret, or other intellectual property rights of a third party; and activities that constitute or promote obscenity, profanity, indecency, tortuous behavior, racism, bigotry, hatred, vulgarity, harassment, invasion of privacy or publicity rights of a third party, or physical harm of any kind against any group or individual; activities that distribute malware, operate abusive botnets, engage in phishing, piracy, trademark infringement, copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable Law; or any other objectionable material or activity of any kind or nature as we in our sole discretion may determine.

You agree that any use of your account with us, whether or not on your behalf and whether or not with your permission, in association with any morally objectionable activities shall constitute a material breach of this Agreement. In the event that we delete, suspend, cancel, terminate, or otherwise interrupt any service to you or your customer account for use in association with morally objectionable activities, any and all fees paid to us shall be non-refundable and ineligible for account credit.

Intellectual Property

Except as otherwise set forth herein, you agree that all rights, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, and software; and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of our services identified herein (“Domain Research Intellectual Property Rights”) are owned by us or our licensors, and you agree to make no claim of interest in or ownership of any such Domain Research Intellectual Property Rights. You acknowledge that no title to the Domain Research Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in our or our licensors’ services, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by us and all right, title and interest in and to each such Derivative Work shall automatically vest in Domain Research. We shall have no obligation to grant you any right in any such Derivative Work.

Representations and Warranties

You agree and warrant that: (i) You have all requisite power and authority to execute this Agreement and to perform your obligations hereunder; (ii) You are of legal age to enter into this Agreement, (iii) neither your registration, application, and/or transaction request, nor use of any of our services, nor the manner in which you intend to use our services will directly or indirectly infringe the legal rights of a third party; and, (iv) You agree to comply with all applicable laws and regulations. You further agree that we shall not be bound by any representations made by any third party who you may use to obtain services from us. You understand and agree that any statements of a general nature which appear in our promotional materials, including but not limited to its web site, emails, account notices, or advertisements, shall not bind us.

Warranty Disclaimer

You agree that the use of our services is solely at your own risk, and that our services are provided on an “as is” and “as available” basis. 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 OUR SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE CORRECTNESS, ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, OR PRODUCTS OBTAINED THROUGH THE USE OF OUR SERVICES OR THROUGH ANY TRANSACTION ENTERED THROUGH THE USE OF OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED, ACCESSED, OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR COMPUTER SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. YOU UNDERSTAND AND AGREE THAT ANY INFORMATION OR ADVICE YOU OBTAIN FROM US OR THROUGH THE USE OF OUR SERVICES DOES NOT CREATE ANY WARRANTY AND THAT YOU MAY NOT RELY ON SUCH INFORMATION AND ADVICE.

Agreement Termination

You agree that, should you cancel or terminate this Agreement with us, you will not receive any refund or credit of any fees you may have paid to us, except as otherwise expressly stated herein. Should you elect to cancel or terminate this Agreement with us, You agree to provide at least thirty (30) days written notice to us in the manner prescribed in this Agreement.

You agree that we may terminate this Agreement or any part of its services at any time, and without notice to you, in the event of a breach of this Agreement or if termination is or becomes required by any policy of ICANN. You agree that your failure to completely comply with the provisions of this Agreement or any rule or policy of ours may constitute a material breach of this Agreement. Should er cancel, discontinue, or terminate your account, this Agreement, or any services it provides to you as a result of any breach of this Agreement, no fees will be refunded or credited to you. Our failure to notify you or act upon any possible breach by you, shall not excuse you from the breach and shall not constitute a waiver of our right to notify you or act upon such breach at a later time.

Modification

You agree that, during the term of this Agreement, we may (1) revise the terms and conditions of this Agreement from time to time; and/or, (2) change the services it provides under this Agreement at any time. You agree to be bound by any such changes and revisions when such changes become effective. Any such changes or revisions shall become binding and effective thirty (30) days after posting of the revised Agreement on our web site or change to the services on our web site, or upon notification to you by email. You agree to periodically review our web site to make yourself aware of any such revisions or changes. If you do not agree with any revision or change to this Agreement, you may terminate this Agreement at any time by providing us with written notice, and you agree that any fees paid by you to us are non-refundable and ineligible for credit.

Assignment

Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, or otherwise, renders this Agreement voidable at our discretion.

Limitation of Liability

You agree that our entire liability, and your exclusive remedy in law, in equity, or otherwise, in connection with any service provided to you by us under this Agreement and/or for any breach of this Agreement by us shall be limited to the amount of the fees you paid to us for the particular service during the term of this Agreement. WE PROVIDE OUR SERVICES “AS IS” AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, OR FITNESS FOR A PARTICULAR PURPOSE. WE SHALL NOT BE LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES RESULTING FROM, RELATED TO, OR ARISING OUT OF THE USE OR INABILITY TO USE ANY OF OUR SERVICES OR FOR THE EXPENSE OF OBTAINING ALTERNATE SERVICES. To the extent that the laws of certain states do not permit the limitation or elimination of liability for certain types of damages, our liability shall be limited to the smallest amount permitted by law in such states.

You understand and agree that we disclaim any loss or liability resulting from:

  • access delays or access interruptions to our web site or domain name registration system;
  • data non-delivery or data mis-delivery;
  • acts of God;
  • the unauthorized use or misuse of your account or any of the services provided to you by us;
  • the inadvertent disclosure or theft of your personal information;
  • errors, omissions, or misstatements in any and all information by us;
  • the deletion of, failure to store, or failure to process or act upon email messages or other mail;
  • the development or interruption of your web site or your our web site;
  • errors in connection with the processing of your application;
  • the processing of updated information to your account;
  • the application of our or any Registry Operator’s dispute resolution policy;
  • the loss of registration, processing of, or use of any domain name;
  • the failure to renew the right to use a domain name, for any reason;
  • the failure or processing of any transfer request, for any reason;
  • any corrective action we may take on your customer account or services provided by us to you as a result of your violation of any term of this Agreement;
  • any act or omission, whether authorized by you or not, that is caused by you or your agent;
  • any rejection, cancellation, suspension, interruption, or termination of services provided by Registry Operators or third party vendors for any reason whatsoever; or
  • submission of proposed registration requests to Registry Operators, including without limitation, your ability or inability to obtain a particular domain name.

Indemnification

You agree to release, indemnify, defend, and hold us harmless, and any of our contractors, agents, employees, officers, directors, shareholders, members, affiliates, and assigns from and against any losses, liabilities, claims, damages or costs, including reasonable attorneys’ fees and expenses, relating to or arising out of your registration, application, transaction request, resale, or use of services provided by us and your account with us, whether by you, your agent, or anyone else, whether or not on your behalf, and whether or not with your permission. Should we be threatened with a lawsuit or receive notice of a filed or pending lawsuit by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide such written assurances may be considered a material breach of this Agreement. You agree that such indemnification obligation shall survive the termination or expiration of this Agreement.

Severability

If any provision of this Agreement is determined to be invalid or unenforceable, the remaining provisions of this Agreement shall remain in full force and effect.

Notices

You agree that all notices concerning breach of this Agreement may be sent to the email address you provide to us or mailed by first class postage to the postal address you provide to us. Such notices shall be deemed delivered within five (5) days after the date sent. You agree that all other notices may be posted on our web site and shall be deemed delivered within thirty (30) calendar days of posting.

You agree that all notices from you to us shall be sent by email or by first class postal mail to the address provided on our web site, which shall be deemed delivered five (5) days after the date sent. In no event may notices be made by telephone. You authorize us to notify you as our customer of information that we deem is of potential interest to you, including commercial emails, telephone calls, notices of changes, upgrades, new products and services, or other information pertaining to Your account.

Governing Jurisdiction

You agree to submit to the jurisdiction of the courts of 1) the Registered Name Holder’s domicile and 2) the domicile where we are located.

Waiver

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of ours. Waiver of any one provision of this Agreement by us shall not constitute a waiver of any other provision of this Agreement, and shall not affect our right to require performance, enforce, or seek all legally available remedies for breach of any other provision of this Agreement.

Entire Agreement

This Agreement, and any rules, policies, or documents incorporated by reference in this Agreement, including, but not limited to, the dispute resolution policy and the privacy policy, constitutes the complete, entire, and exclusive Agreement between you and us regarding our services. No other Agreements or understandings, whether written, oral, or by custom, habit, practice or policy, affect the scope or applicability of this Agreement.

By registering, applying, and/or requesting a service with us, or by using services provided by us, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any rules, policies, or documents incorporated by reference.

Force Majeure

Neither party shall be deemed in default or shall hold the other party responsible for any failure or delay in the performance of its obligations under this Agreement in the event of an Act of God, earthquake, flood, fire, storm, natural disaster, war, terrorism, armed conflict, labor strike, lockout, or boycott, provided that the party relying upon this section shall have given prompt written notice to the other party of such event within five (5) days within the occurrence of such event, and shall have taken all reasonably necessary steps to mitigate the effects of the event. Should the force majeure event persist for a period of more than thirty (30) days, we may at its option terminate this Agreement.

Term of Domain Registration

Unless otherwise specified on our web site, each domain name registration with us is for a one-year initial term. However, some domain names may be registered for a term of up to ten years, as set forth on our web site. Renewal notices for domain name registrations will be sent out by email.

Dispute Resolution

You agree to be bound by ICANN’s dispute resolution policy You agree that we, in its sole discretion and at no liability to you for any resulting loss or damage, may modify our dispute resolution policy at any time, without notice. Revised dispute resolution policies will be posted on our web site and are effective immediately. You agree that, by maintaining any service through us, after modifications to our dispute resolution policy have become effective, you have agreed to these modifications. You agree to periodically review our web site to make yourself aware of any such revisions or changes. You agree that, if you do not agree to any modification, you may terminate this Agreement without refund or credit to you of any fees paid by you to us.

For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a domain name registered with us or your use of our services, you (but not us) agree to submit to subject matter jurisdiction, personal jurisdiction, and venue of the United States District Court for the Northern District of California and the courts of Your domicile. You agree that in the event a dispute arises with any third party, you will indemnify, defend, and hold us harmless pursuant to the terms and conditions set forth in this Agreement. You agree that, if we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our services, you will not make any changes to your account or services without our prior approval, and that we may take whatever action we deems necessary, in our sole discretion, regarding modification, assignment and/or control of the service or account. You understand and agree that, if we are notified of a complaint or dispute concerning or arising from your use of a domain name registered with us or your use of our services, we may submit a Registrar Certificate or relinquish custodianship and/or control over a domain name, service, or account to a judicial or administrative body, as it deems necessary, in our sole discretion. You understand and agree that we will comply, if so obligated, with all court orders, domestic or international, directed against you and/or the domain name registration.

Expiring Domains

Post-Expiration Period

If you fail to renew your domain name before the designated expiration date, you understand and agree that the domain name registration will enter a “Post-Expiration period”. During the Post-Expiration period, we will place the domain on Hold and you will lose access to and use of the domain, and any web site operating at the expired domain will have its name servers suspended. In addition, you will not be able to transfer the domain to another registrar or to change the registrant information. Further, you will lose any and all rights in, or claim to, any revenue generated from domain parking services, if any, beginning from the date of expiration of the domain name registration. You understand and agree that, at the start of the Post-Expiration period, we will provisionally renew the domain on your behalf in order to preserve your ability to renew the domain name registration during the Post-Expiration period. To this end, even though the expiration date may appear to be extended for an additional term in ICANN’s WHOIS directory, you understand and agree that you in fact have not renewed the domain name, and therefore have no rights in, or claim to, the domain name, or use thereof, until you pay the renewal fee to us in the amount specified on our web site. Unless otherwise specified in this Agreement, the Post-Expiration period will last for forty (40) days or until you pay the renewal fee to us in the amount specified on our web site. You understand and agree that, if you have not renewed the domain by the thirtieth (30th) day of the Post-Expiration period, we may put the domain name up for auction in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, you may still renew the domain until the end of the Post-Expiration period. If you fail to renew the domain during the Post-Expiration period, regardless of reason or fault, you understand and agree that we may, in our sole discretion and without any responsibility or liability to you, make a final and irreversible transfer of the domain to another party. In such cases, there is no Deletion period.

Deletion Period

After the Post-Expiration period has elapsed, and if the domain has not been sold at auction in the Marketplace, the domain name may be flagged for Deletion with the central registry for a period of thirty (30) days (“Deletion period”). During this Deletion period, you may restore your domain by paying a Restoration fee to us, in the amount specified on our web site, and is subject to change under this Agreement or as specified on our web site at the time of restoration. Domain restoration transactions are final, irreversible, non-refundable, and ineligible for account credit. If you successfully restore an expired domain before the end of the Deletion period, you cannot transfer the domain for a period of sixty (60) days. If you fail to restore the domain by the end of the Deletion period, the domain name registration will be deleted from the central registry and released to the public. You understand and agree that there is no Deletion period where: (a) a domain has been sold at auction and transferred to the winning bidder; or, (b) the central registry restricts the ability to restore certain domain extensions.

Transfers After Renewals During Post-Expiration Period

You understand and agree that if you transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed within forty-five (45) days following the domain expiration date and transferred within that same forty-five day period. You understand and agree that we are not responsible or liable for this lost year, and that we will not refund or credit that lost year to you.

Service Interruption

You agree that we may suspend, cancel, or transfer your registration of a domain name in order (i) to correct mistakes made by us, another registrar, or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our dispute resolution policy.

In the event that we refuse the registration of your chosen domain name or delete a pending registration of your domain name within the first five (5) days of registration of such domain name, you may receive, at our sole discretion, an account credit or refund for any applicable fee(s) you have paid to us in connection with the registration being refused or canceled, less the applicable deletion fee. Account credit or refunds are not available in all circumstances, including but not limited to, where a domain is Restored or renewed.

You further agree that we, in our sole discretion and without liability to you for any resulting loss or damages, may take immediate corrective action, including, but not limited to, removal of all or a portion of your domain services and/or deletion, suspension, cancellation, termination, or other interruption of domain services or your customer account with us, at any time during the term of this Agreement, in the event of notice of any possible violation of this Agreement by you or your end users, or if such service or account is used in association with morally objectionable activities, or for any reason whatsoever. In such cases, any and all fees paid to us will be non-refundable and ineligible for account credit.

Domain Transfers

The following additional terms and conditions contained in this section apply where a Registered Name Holder requests to change its registrar of record for an existing domain name registration. You agree to pay any and all fees to us as set forth on our web site.

Procedure for Transfers

For each instance where a Registered Name Holder wants to change its registrar for an existing domain name, we require the following:

  • Express authorization to initiate the transfer process from an individual who has the apparent authority to legally bind the Registered Name Holder, as reflected in the database of the registrar that is losing the domain name registration.
  • In instances where the registrar of record is being changed simultaneously with the transfer of a domain name from one party to another, the registrar gaining the domain name registration will require submission of appropriate authorization for the transfer. Such authorization includes, but is not limited to, one of the following:
    • A bilateral agreement between the parties.
    • The final determination of a binding dispute resolution body.
    • A court order.

Denial of Transfers

You agree that we may, in our sole discretion, deny any request for transfer of any domain name from another domain name registrar to us. You understand and agree that, if you attempt to transfer a domain name from another domain name registrar to us, and that transfer attempt fails for any reason, you may receive, at our sole discretion, an account credit with us or a refund in the amount of the registration fee. You agree to assume full and complete responsibility for, and agree that we shall have no responsibility or liability for, any instance where the other domain name registrar involved in the transfer denies your transfer request. You understand and agree that, if you attempt to transfer a domain name from us to another domain name registrar, and that transfer attempt fails for any reason, we shall have no responsibility or liability to you for refunding or crediting any fees or funds you may have paid to any party for attempting the transfer.

Instances when a transfer request may be denied include, but are not limited to:

  • Situations described in our dispute resolution policy;
  • Court order by a court of competent jurisdiction;
  • Dispute over the identity of the Registered Name Holder or Administrative Contact;
  • Evidence of fraud;
  • Request to transfer the domain name occurs within the first 60 days after (i) the initial registration of the domain name, (ii) the completion of a transfer (change of registrar) of the domain name, or (iii) the Restoration of an expired domain name;
  • Request to transfer the domain name occurs after the Post-Expiration period;
  • he domain name registration is locked or on “hold” status with the current registrar;;
  • Objection to the transfer from either the Registered Name Holder or the Administrative Contact for the domain name;
  • Failure to make payment (including any payment reversals and charge backs) to the current registrar for the domain name’s previous registration period if the domain name is past its expiration date, or for the previous or current registration period if the domain name has not yet expired.

Transfers After Renewals During Post-Expiration Period

You understand and agree that if you transfer a domain name that has been recently renewed there is the potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed within the forty-five (45) days following the domain expiration date and transferred within that same forty-five day period. You understand and agree that we are not responsible or liable for this lost year, and that we will not refund or credit that lost year to you.

Authorization Emails

You understand that we will seek transfer authorization from the domain name’s Administrative Contact via the email address listed in the public WHOIS database. You agree that you are solely responsible for maintaining and updating the Administrative Contact’s email address.

Additional Provisions for Transfers To Domain Research

You agree that we will have no responsibilities as registrar of the domain name unless and until we send you or the updated registrant, as appropriate, notice of acceptance of the transfer request. You authorize us to take all actions necessary to become the registrar for the domain name, including transmitting to the central registry a request to change the registry database to reflect us as the registrar of record. You agree that we shall not be responsible for any legal obligations you may owe to any third party, including the other registrar involved in the transfer. You agree that you shall not be entitled to any refund or credit from us for any fees or funds you may have paid to the other registrar involved in the transfer. You represent and warrant that:

  • The information provided to us in connection with your transfer request is accurate and complete;
  • You are the rightful holder of the domain name registration;
  • The registrar of record for the domain name at the time of the request is the current registrar; and,
  • You are not in default on any obligations you may owe to the current registrar or to us.

Additional Provisions for Transfers Away From Domain Research

You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us. Your request to transfer to another registrar may be denied in situations described in this Agreement. In the event you transfer a domain name registration away from us, you agree that you will not receive any refund or credit for any fees or funds previously paid to us, whether or not there is time remaining on the domain registration period at the time of the transfer.

Other Terms and Conditions

You agree to be bound by any and all other terms, conditions, exclusions, and/or restrictions in this Agreement concerning the transfer of domain name registrations. This transfer policy is subject to ICANN’s transfer policies, and we will follow those procedures where applicable.

Ownership Transfers

General

The following additional terms and conditions contained in this section apply to any change in the registrant or account holder’s name for a domain name registered with Domain Research, including but not limited to transfer of ownership of a registered domain name from one party to another party. These terms and conditions apply to you, whether you are the registrant before the name change (“Current Registrant”) or after the name change (“New Registrant”), or an agent acting on behalf of either registrant. By participating in this name change transaction, you acknowledge that you have read, understand, and agree to be bound by these terms and conditions in addition to other terms and conditions set forth in this Agreement. In addition, by participating in this name change transaction, you acknowledge and agree that our sole responsibility under this section is to electronically process a change in the name of the registrant of record for a particular domain name. Furthermore, by participating in this name change transaction, you represent and warrant that you are the Current Registrant or New Registrant, as appropriate, or its agent, who possesses the right, power, legal capacity and authority to legally bind the Current Registrant or New Registrant of the domain name being transferred.

Obligations of Current Registrant

Current Registrant acknowledges that it and Domain Research are currently parties to the Agreement for the registration of the domain name being transferred. Current Registrant relinquishes its registration of the domain name being transferred, and hereby releases and discharges Domain Research from any and all obligations and liabilities under this Agreement with respect to the domain name being transferred. Current Registrant acknowledges and agrees that it is not entitled to any refund or credit of any fees or funds previously paid to us. Current Registrant authorizes us to take any and all steps necessary to register the domain name being transferred to the New Registrant, including, without limitation, disassociating the domain name from the host servers designated by the Current Registrant without further notice. Current Registrant agrees to not initiate any name change transaction, as described in this section, for any domain name registered with us without the express written consent of New Registrant.

Obligations of New Registrant

By participating in this name change transaction, New Registrant acknowledges that it has reviewed, understands, and agrees to be bound by and to perform in accordance with the terms and conditions of this Agreement in effect at the time of this name change transaction, including our domain name dispute policy and other policies and procedures as posted on our web site. New Registrant hereby agrees that all rights and liabilities of Current Registrant under this Agreement are hereby transferred and assigned to New Registrant. New Registrant represents and warrants the accuracy and completeness of all information submitted for this name change transaction. New Registrant acknowledges and agrees that the term of the domain name registration will be equal to the remaining term of the Current Registrant at the time of the name change transaction. New Registrant may extend the domain name registration term by renewing the domain name as specified in other sections of this Agreement.

Liability for Validity of Ownership Change

You, as either Current Registrant or New Registrant, agree to assume full and complete responsibility for, and agree that we shall have no responsibility or liability for, the legal validity of the ownership change of the domain name.

Privacy and Communications Concerning Ownership Changes

You, as either Current Registrant or New Registrant, agree and give consent to us to transmit emails, relay communications, and place logs and status updates in your account information, or that of the other party or parties involved in a name change transaction (“Other Party”), concerning any name change transaction to which you may be a party. You or the Other Party may receive information or communications concerning the Current Registrant or New Registrant, as the case may be, including but not limited to account holder’s username, registrant name, address, telephone number, email address, domain name being transferred between owners, initiation of a name change transaction, successful completion of a name change transaction, failure to authorize a name change transaction, dates of activity, and other information or communications relating to the name change transaction. You agree that we shall not be responsible for any incorrect or inaccurate information supplied by you or the Other Party in connection with a name change transaction.

General Requirements

You shall provide to us accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation.

Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to Registrar within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

Indemnification

You agree to indemnify, defend, and hold harmless Registry Operators, its subcontractors, and the members, shareholders, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration. You also agree that such indemnification obligation shall survive the termination or expiration of this Agreement.

You acknowledge and agree that Registry operator reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

You agree that Registered Name Holder assumes all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.

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