Account Operation Service Agreement
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of DomainNameSystems web site , maintain an account with Domain Name Systems, and 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 ICANN or Registry requirements, or for any other business purpose.
Your use of this web site to register or transfer a domain name with Domain Name Systems, consitutues your acceptance of this agreement.
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 expiration date specified in the renewal notice, your registration will be cancelled, and the name can be resold or reassigned to another party. 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/udrp.html. 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 LAW 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 Province of Ontario. Any action relating to this Agreement or to your use of the DomainNameSystems site shall be brought exclusively in the courts of Province of Ontario CANADA.
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.
Your domain may be registered via DomainNameSystems.com directly as accredited registrar, or dependant upon the domain name registered with another accredited registrar, under DomainNameSystems.com care and control, the choice of registrar shall be at the sole option of DomainNameSystems.com. DomainNameSystems.com shall maintain your domain within your account at DomainNameSystems.com, and you agree to deal directly with DomainNameSystems.com only. If you do not agree to the choice of registrar, your sole option is to request a transfer to another registrar thereby removing it from the care and control of DomainNameSystems.com. DomainNameSystems.com may from time to time, in its sole discretion, transfer your domain name from one registrar to another, to which action you explicity agree and authorize us to do.
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.
See also our General Policies and Information and Privacy Policy