Service Agreement
DOMAINNAMESYSTEMS DOMAIN REGISTRATION and SERVICE AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of DomainNameSystems 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 DomainNameSystems. This Agreement will become effective when accepted by DomainNameSystems. You acknowledge that DomainNameSystems may modify this Agreement if necessary to comply with its ICANN Agreement requirements, or for any other business purpose.
1. Fees
As consideration for the domain name registration services provided by DomainNameSystems, you shall pay all non-refundable applicable initial registration fees and renewal fees. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that DomainNameSystems shall have no liability whatsoever with respect to any such cancellation, and that DomainNameSystems may cancel or reassign the domain name in the event of delinquency..
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 DomainNameSystems Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.DomainNameSystems.com/info.html#dispute. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. DomainNameSystems 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 DomainNameSystems 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 DomainNameSystems 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 DomainNameSystems may or must make available to the public or to private entities. DomainNameSystems 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 DomainNameSystems's possession to review, modify or update such information.
4. Use Policies
DomainNameSystems 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 DOMAINNAMESYSTEMS WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DOMAINNAMESYSTEMS REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DOMAINNAMESYSTEMS; (e) EVENTS BEYOND DOMAINNAMESYSTEMS 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, DOMAINNAMESYSTEMS 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 DOMAINNAMESYSTEMS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOMAINNAMESYSTEMS MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DOMAINNAMESYSTEMS FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS. TO THE EXTENT APPLICABLE STATE DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE MINIMUM EXTENT PERMITTED BY LAW.
7. Indemnity
You agree to defend, indemnify and hold harmless DomainNameSystems 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. DomainNameSystems makes no representation or warranties of any kind in connection with this Agreement. DomainNameSystems 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 DomainNameSystems. If you fail to cure the breach, DomainNameSystems may revoke your registration of the domain name.
You also agree that DomainNameSystems 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 DomainNameSystems 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 and all rights hereunder shall be governed by the laws of the State of Maryland. Any action relating to this Agreement or to your use of the DomainNameSystems site shall be brought exclusively in the courts of Maryland in the USA.
11. General
This Agreement, the DomainNameSystems 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 DomainNameSystems, 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 DomainNameSystems to require your performance of any provision hereof shall not affect the right to require such performance thereafter; nor shall the waiver by DomainNameSystems 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. DomainNameSystems 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 DomainNameSystems as reflected in the original provision.
No provision of this Agreement, including the DomainNameSystems fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by DomainNameSystems.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999 and implemented by DomainNameSystems.com, a wholly owned subsidiary of Jsoft Software Services Inc.
on January 15, 2000)
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the
Internet Corporation for Assigned Names and Numbers ("ICANN"), is incorporated by reference into your
Registration Agreement, and sets forth the terms and conditions in connection with a dispute between you
and any party other than us (the registrar) over the registration and use of an Internet domain name
registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution
service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking us to maintain or renew a
domain name registration, you hereby represent and warrant to us that (a) the statements that you made
in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the
domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not
registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name
in violation of any applicable laws or regulations. It is your responsibility to determine whether your
domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to
domain name registrations under the following circumstances:
a. subject to the provisions of Paragraph 8, our receipt of written or appropriate electronic instructions
from you or your authorized agent to take such action;
b. our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring
such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under this Policy or a later version of this
Policy adopted by ICANN. (See Paragraph 4(i) and (k) below.) We may also cancel, transfer or otherwise
make changes to a domain name registration in accordance with the terms of your Registration Agreement
or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you
are required to submit to a mandatory administrative proceeding. These proceedings will be conducted
before one of the administrative-dispute-resolution service providers listed at
http://www.icann.org/udrp/approved-providers.htm (each, a "Provider").
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in the
event that a third party (a "complaintant") asserts to the applicable Provider, in compliance with the Rules
of Procedure, that (i) your domain name is identical or confusingly similar to a trademark or service mark in
which the complainant has rights; and (ii) you have no rights or legitimate interests in respect of the
domain name; and (iii) your domain name has been registered and is being used in bad faith. In the
administrative proceeding, the complainant must prove that each of these three elements are present.
b. Evidence of Registration and Use in Bad Faith. For the purposes of Paragraph 4(a)(iii), the following
circumstances, in particular but without limitation, if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad faith: (i) circumstances indicating that you have
registered or you have acquired the domain name primarily for the purpose of selling, renting, or otherwise
transferring the domain name registration to the complainant who is the owner of the trademark or service
mark or to a competitor of that complaintant, for valuable consideration in excess of your documented
out-of-pocket costs directly related to the domain name; or (ii) you have registered the domain name in
order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding
domain name, provided that you have engaged in a pattern of such conduct; or (iii) you have registered
the domain name primarily for the purpose of disrupting the business of a competitor; or (iv) by using the
domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your
web site or other online location, by creating a likelihood of confusion with the complainant's mark as to
the source, sponsorship, affiliation, or endorsement of your web site or location or of a product or service
on your web site or location.
c. How to Demonstrate Your Rights to and Legitimate Interests in the Domain Name in Responding
to a Complaint. When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure
in determining how your response should be prepared. Any of the following circumstances, in particular but
without limitation, if found by the Panel to be proved based on its evaluation of all evidence presented,
shall demonstrate your rights or legitimate interests to the domain name for purposes of Paragraph
4(a)(ii): (i) before any notice to you of the dispute, your use of, or demonstrable preparations to use, the
domain name or a name corresponding to the domain name in connection with a bona fide offering of
goods or services; or (ii) you (as an individual, business, or other organization) have been commonly
known by the domain name, even if you have acquired no trademark or service mark rights; or (iii) you are
making a legitimate noncommercial or fair use of the domain name, without intent for commercial gain to
misleadingly divert consumers or to tarnish the trademark or service mark at issue.
d. Selection of Provider. The complainant shall select the Provider from among those approved by ICANN
by submitting the complaint to that Provider. The selected Provider will administer the proceeding, except
in cases of consolidation as described in Paragraph 4(f).
e. Initiation of Proceeding and Process and Appointment of Administrative Panel. The Rules of
Procedure state the process for initiating and conducting a proceeding and for appointing the panel that
will decide the dispute (the "Administrative Panel").
f. Consolidation. In the event of multiple disputes between you and a complainant, either you or the
complainant may petition to consolidate the disputes before a single Administrative Panel. This petition
shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties.
This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided
that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted
by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative Panel
pursuant to this Policy shall be paid by the complainant, except in cases where you elect to expand the
Administrative Panel from one to three panelists as provided in Paragraph 5(b)(iv) of the Rules of
Procedure, in which case all fees will be split evenly by you and the complainant.
h. Our Involvement in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be
liable as a result of any decisions rendered by the Administrative Panel.
i. Remedies. The remedies available to a complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of
your domain name registration to the complainant.
j. Notification and Publication. The Provider shall notify us of any decision made by an Administrative
Panel with respect to a domain name you have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative Panel determines in an exceptional case
to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in
Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of
competent jurisdiction for independent resolution before such mandatory administrative proceeding is
commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain
name registration should be canceled or transferred, we will wait ten (10) business days (as observed in
the location of our principal office) after we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then implement the decision unless we have
received from you during that ten (10) business day period official documentation (such as a copy of a
complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the
complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the
Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your
address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for
details.) If we receive such documentation within the ten (10) business day period, we will not implement
the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence
satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit
has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or
ordering that you do not have the right to continue to use your domain name.
5. All Other Disputes and Litigation. All other disputes between you and any party other than us
regarding your domain name registration that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any
court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will not participate in any way in any dispute between you and any
party other than us regarding the registration and use of your domain name. You shall not name us as a
party or otherwise include us in any such proceeding. In the event that we are named as a party in any
such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any
other action necessary to defend ourselves.
7. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change
the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration
to another holder (i) during a pending administrative proceeding brought pursuant to Paragraph 4 or for a
period of fifteen (15) business days (as observed in the location of our principal place of business) after
such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain name registration is being transferred
agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel
any transfer of a domain name registration to another holder that is made in violation of this
subparagraph.
b. Changing Registrars. You may not transfer your domain name registration to another registrar during
a pending administrative proceeding brought pursuant to Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our principal place of business) after such proceeding is
concluded. You may transfer administration of your domain name registration to another registrar during a
pending court action or arbitration, provided that the domain name you have registered with us shall
continue to be subject to the proceedings commenced against you in accordance with the terms of this
Policy. In the event that you transfer a domain name registration to us during the pendency of a court
action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar
from which the domain name registration was transferred.
9. Policy Modifications. We reserve the right to modify this Policy at any time with the permission of
ICANN. We will post our revised Policy at http://www.DomainNameSystems.com/new-dispute-policy at least thirty (30)
calendar days before it becomes effective. Unless this Policy has already been invoked by the submission
of a complaint to a Provider, in which event the version of the Policy in effect at the time it was invoked
will apply to you until the dispute is over, all such changes will be binding upon you with respect to any
domain name registration dispute, whether the dispute arose before, on or after the effective date of our
change. In the event that you object to a change in this Policy, your sole remedy is to cancel your
domain name registration with us, provided that you will not be entitled to a refund of any fees you paid
to us. The revised Policy will apply to you until you cancel your domain name registration.