Domain Name Registration and ICANN

Transcription

1 DOMAIN NAME SERVICE AGREEMENT 1. Purpose, Acceptance of Terms. Domainia s is an ICANN Accredited Domain Name Registrar and provides domain name registration service ( Service ) to its customers. This Domain Name Service Agreement, together with all other applicable documents, agreements and policies referenced herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below, and represent the Service and your obligations for using this Service. IF YOU DO NOT AGREE TO THE TERMS OF THIS DOMAIN NAME SERVICE AGREEMENT, YOUR SOLE AND EXCLUSIVE REMEDY IS TO NOT SUBSCRIBE TO THIS SERVICE OR CANCEL AND DISCONTINUE USE OF YOUR CURRENT SERVICE. The Service is offered to you conditioned upon your acceptance without modification of this Agreement. Domainia reserves the right to modify this Agreement or the Service at any time and without notice to you. By signing up for the Service, and accepting this Agreement, you agree to be bound terms set forth herein. 2. Service Domainia will submit the domain name(s) selected by you to the Registry Operator, for recording into the Registry database for top-level domains. You represent and warrant that neither the domain name registration nor the use of your domain name registration will directly or indirectly infringe upon the rights of any third parties. You will be allowed to select the nameservers for your domain name. Default name servers will be available for you if you do not have name servers available. Domainia will collect, record and keep data about your identity. Domainia will allow you to access and update your records. Domainia will generate, record and keep additional information pertaining to the domain registration such as the activation date, transfers, modifications, etc. Domainia will provide some or all of this data to the public as a public service at its sole discretion and as required by ICANN and applicable laws. You agree that domain name registrations are not guaranteed and they are offered on a first-come, first-served availability basis. You further agree that it is your responsibility to confirm that the domain you registered and recorded in the Whois database under your ownership. 2.1 Privacy/Proxy Service Obligations of Registrar. For any Proxy Service or Privacy Service offered by the Registrar or its Affiliates, including any of Registrar's or its Affiliates' P/P services 1

2 distributed through Resellers, and used in connection with Registered Names Sponsored by the Registrar, the Registrar and its Affiliates must require all P/P Providers to follow the requirements described in this Specification and to abide by the terms and procedures published pursuant to this Specification. Disclosure of Service Terms. P/P Provider shall publish the terms and conditions of its service (including pricing), on its website and/or Registrar's website. Abuse/Infringement Point of Contact. P/P Provider shall publish a point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights). Disclosure of Identity of P/P Provider. P/P Provider shall publish its business contact information on its website and/or Registrar's website. Terms of service and description of procedures. The P/P Provider shall publish on its website and/or Registrar's website a copy of the P/P Provider service agreement and description of P/P Provider's procedures for handling the following: The process or facilities to report abuse of a domain name registration managed by the P/P Provider; The process or facilities to report infringement of trademarks or other rights of third parties; The circumstances under which the P/P Provider will relay communications from third parties to the P/P Customer; The circumstances under which the P/P Provider will terminate service to the P/P Customer; The circumstances under which the P/P Provider will reveal and/or publish in the Registration Data Service (Whois) or equivalent service the P/P Customer's identity and/or contact data; and A description of the support services offered by P/P Providers to P/P Customers, and how to access these services. Escrow of P/P Customer Information. Registrar shall include P/P Customer contact information in its Registration Data Escrow deposits required by Section 3.6 of the Agreement. P/P Customer Information escrowed pursuant to this Section 2.5 of this Specification may only be accessed by ICANN in the event of the termination of the Agreement or in the event Registrar ceases business operations. Exemptions. Registrar is under no obligation to comply with the requirements of this specification if it can be shown that: Registered Name Holder employed the services of a P/P Provider that is not provided by Registrar, or any of its Affiliates; Registered Name Holder licensed a Registered Name to another party (i.e., is acting as a Proxy Service) without Registrar's knowledge; or 2

3 Registered Name Holder has used P/P Provider contact data without subscribing to the service or accepting the P/P Provider terms and conditions. 2.2 DNSSEC. Domainia will allow its customers to use DNSSEC upon request by relaying orders to add, remove or change public key material (e.g., DNSKEY or DS resource records) on behalf of customers to the Registries that support DNSSEC. Such requests shall be accepted and processed in a secure manner and according to industry best practices. Registrars shall accept any public key algorithm and digest type that is supported by the TLD of interest and appears in the registries posted at: < and < All such requests shall be transmitted to registries using the EPP extensions. 2.3 IPv6. To the extent that Domainia offers Registered Name Holders the ability to register nameserver addresses, Domainia must allow both IPv4 addresses and IPv6 addresses to be specified. 2.4 IDN. Domainia may offers Internationalized Domain Name ("IDN") registrations, in which case all new registrations must comply with ICANN requirements related to IDNs. If Domainia offers IDNs, Domainia will also comply with the IDN Guidelines at which may be amended, modified, or superseded from time to time. Domainia will use the IDN tables published by the relevant registry. 3. Fees You agree to pay a fee for the Service in accordance with Domainia s fee schedule published at You agree to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration or renewal date. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled, terminated or transferred prior to the end of the registration term. The requested domain name will not be registered unless Domainia receives actual payment of the registration fee. Domainia will not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee. For this purpose, a charge to a credit card, general commercial terms extended to creditworthy customers, or other mechanism providing a similar level of assurance of payment shall be sufficient, provided that the obligation to pay becomes final and non-revocable by the Registered Name Holder upon activation of the registration. 3.1 Charge-Backs. You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reversed payment. 3

4 Domainia will decide, at its sole discretion, whether to hold the name in its own portfolio, delete the domain, or to release the domain for use by others. Domainia will reinstate such names at its sole discretion and subject to a reinstatement fee of $200, in addition to all other fees. 4. Term. The effective Start Date of this Agreement commences once you complete the sign-up registration process for the Service. You may terminate the Service with advance notice in writing only to Domainia s Customer Support by mail to our corporate address or by to support@domainia.com. You understand that there will be no reimbursement and no pro-rated refunds if you decide to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Domainia reserves the right to suspend, cancel, transfer or modify your domain name in the following cases: (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within five (5) business days after notice by us; (b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement and any other Domainia document, agreement or policy; and/or (c) you use your domain name in violation of our Terms of Service, Acceptable Use and Anti-Abuse Policy, Intellectual Property Infringement Policy, or in connection with any unlawful activity, at our sole and complete discretion. 4.1 Revocation. You acknowledge and agree that your registration of a domain name is subject to denial, suspension, cancellation or transfer by Domainia, Registry Operator, Registry Administrator, and/or ICANN and is subject to their respective agreements, policies, specifications or procedures, as the case may be, and you further agree that Domainia, Registry Operator, Registry Administrator and/or ICANN may place a registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion, to: (a) to correct mistakes by Domainia or the Registry Operator in registering the name or (b) for the resolution of disputes concerning the registered name. Domainia requires Registered Name Holders to comply with the Registry Operator s Acceptable Use policies and Terms of Service, if any, as they may be instituted or updated from time to time and published on the Registry website specific to the Registry TLD for the Registered Name. You also agree that Dominia shall have the right in its sole and absolute discretion to suspend, cancel, transfer or otherwise modify a domain name registration at any time, or at such time as Domaina receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 4

5 4.2 Renewals, Redemptions, Transfers. The renewal and redemption of the domain name provided to you as part of the Service is governed by Domainia s Domain Name Renewal Policy. You agree that it is your sole responsibility to monitor the expiration terms and pay your renewal fees on time. Failure to pay the renewal fee will result in domain name suspension, termination and release of the domain name for use by others. Credit card accounts will be automatically renewed unless notified prior to expiration date of service. You understand and agree that you will be prohibited from changing Registrars during the first 60 days after initial registration and during the first 60 days after a Registrar transfer of the domain name. At the conclusion of the registration period, failure by or on behalf of the Registered Name Holder to consent that the registration be renewed within the time specified in a second notice or reminder shall, in the absence of extenuating circumstances, result in cancellation of the registration by the end of the auto-renew grace period (although Domainia may choose to cancel the name earlier). Extenuating circumstances are defined as: UDRP action, URS action, valid court order, failure of a Domainia's renewal process (which does not include failure of a Registered Name Holder to respond), the domain name is used by a nameserver that provides DNS service to third-parties (additional time may be required to migrate the records managed by the nameserver), the Registered Name Holder is subject to bankruptcy proceedings, payment dispute (where a registrant claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a registrant disputes the amount on a bill), domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN. Where Domainia chooses, under extenuating circumstances, to renew a domain name without the explicit consent of the Registered Name Holder, Domainia maintain a record of the extenuating circumstances associated with renewing that specific domain name for inspection by ICANN. In the absence of extenuating circumstances, a domain name will be deleted within 45 days of either the Domainia or the Registered Name Holder terminating this Agreement. In the event that a domain which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the Registered Name Holder. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the registrant will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the 5

6 complainant, the name will be deleted within 45 days. The Registered Name Holder retains the right under the existing redemption grace period provisions to recover the name at any time during the Redemption Grace Period, and retains the right to renew the name before it is deleted. 5. Registry Operator, Registry Administrator, and ICANN s Role and Indemnification You understand and agree that Domainia does not have control over the Registry Operator, Registry Administrator or ICANN. You agree and acknowledge that Domainia is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Operator, Registry Administrator or ICANN arising out of or related to your application and receipt of, or failure to receive, a domain name registration. 6. Data Submission and Updates. You agree to provide to Domainia all of the data necessary for the domain name registration in accordance with the rules and procedures set forth by the Registry Operator, Registry Administrator or ICANN. You agree to update all such data promptly through your Domainia Control Panel and to submit additional information, if needed, to correct any information. If you need additional help, you may contact Domainia s Customer Support by ing at support@domainia.com or by calling between the business hours of 9am to 5pm, Monday Friday. You acknowledge and agree that you may be asked to submit a third party's personal data. In such event you agree to secure the consent of such third party to have his/her (the third party's) personal data submitted and used, as allowed by this agreement. You acknowledge that willfully failing to provide or update information within seven (7) days of any change will constitute a material breach of this agreement and will be a sufficient basis for suspension and/or cancellation of the domain name registration. You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Domainia concerning the accuracy of the contact details associated with the domain name registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of your domain 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. 6

7 In the event of any dispute concerning the time of the entry of a domain name registration into the Registry System, the timestamp shown in the Registry System records shall prevail. 7. Collection and Ownership of Data. Domainia will own all data collected during the registration process. Domainia reserves the right to use this data at its sole discretion in accordance with the Registry Operator, Registry Administrator and/or ICANN requirements as well as applicable law. You are hereby advised that some or all of such data may be made available to the public. You agree and acknowledge that Domainia owns all database, compilation, collective and similar rights, title and interests worldwide in Domainia s domain name database, and all information and derivative works generated from the domain name database. Domainia will take reasonable precautions to protect your domain name registration data from loss, misuse or disclosure. 8. Notices, Customer Support. Domainia will contact you by the address provided in the Domainia control panel. You agree to monitor such contact and to forward it to appropriate personnel and/or departments within your organization, as applicable. You agree to maintain all contact information current. Domainia can be contacted at: Domainia Inc. 208 W. 19 th Street Kansas City, MO U.S.A. Phone: Fax: Business Hours: Customer Service: Customer Support: Privacy: Abuse: Compliance: Infringement: Other: 9am - 5pm, Central Time (Monday - Friday) support@domainia.com privacy@domainia.com abuse@domainia.com compliance@domainia.com copyrightagent@domainia.com contact@domainia.com Lack of communication is not an excuse for non-payment of fees or for non-compliance with this agreement. 9. Domain Disputes 7

8 9.1 Transfer Disputes. You agree to be bound by ICANN s Transfer Dispute Resolution Policy ( TDRP ), which is hereby incorporated into and made a part of this Agreement. The TDRP can be found at Certain disputes, as specified in the TDRP, are subject to that policy. You agree that you will be subject to the provisions specified in the TDRP in effect at the time the domain name registration is disputed by a third party. You also agree that, in the event that a domain name dispute arises with any third party, you will indemnify and hold Domainia, Registry Operator, Registry Administrator, and ICANN harmless pursuant to the terms and conditions contained in this Agreement. 9.2 Other Domain Name Disputes. Other domain name disputes concerning a dispute between you and any party other than Domainia over the registration and use of an Internet domain name registered by you are governed by ICANN s Uniform Domain Name Dispute Resolution Policy found at and Uniform Rapid Suspension ( URS ) Policy. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile and (2) where Domainia is located. 10. Indemnification. You explicitly consent and agree to indemnify, defend and hold harmless Domainia, Registry Operator, Registry Administrator, and ICANN and their employees, directors, officers, representatives, agents, affiliates, against any of the foregoing based on or arising from any claim or alleged claim: (i) relating to any product or services of Domainia; (ii) relating to any agreement, including Domainia s dispute policy, with any Registered Name Holder; or (iii) relating to Domainia s domain name registration business, including, but not limited to, Domainia s advertising, domain name application process, systems and other processes, fees charged, billing practices and customer service; provided that in any such case: (i) Domainia, Registry Operator, Registry Administrator or ICANN provides you with prompt notice of any such claim, and (ii) upon your written request, Domainia, Registry Operator, Registry Administrator and/or ICANN will provide to you all available information and assistance as reasonably necessary for you to defend such claim, provided that you reimburse Domainia, Registry Operator, Registry Administrator and/or ICANN for their actual and reasonable attorneys fees and costs incurred against or otherwise incurred by Domainia, Registry Operator, Registry Administrator and/or ICANN in connection with or arising from any such indemnifiable claim, suit, action or proceeding. You will not enter into any settlement or compromise of any such indemnifiable claim without Domainia, Registry 8

9 Operator, Registry Administrator and/or ICANN, if applicable, without prior written consent, which consent shall not be unreasonably withheld. 11. Limitation of Liability IN NO EVENT WILL EITHER PARTY BE LIABLE TO THE OTHER FOR ANY SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM, ARISING OUT OF, OR IN ANY WAY CONNECTED WITH THIS AGREEMENT OR THE DOMAIN NAME REGISTRATION, INCLUDING BUT NOT LIMITED TO, FROM LOSS OF PROFITS, LOSS OF USE, LOSS OF DATA, LOSS OF PRIVACY, DAMAGES TO THIRD PARTY(IES), EVEN IF THE PARTY(IES) HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE FOLLOWING LIMITATIONS OF LIABILITY WILL APPLY WHETHER ANY CLAIMS ARE BASED UPON PRICIPLES OF CONTRACT, WARRANTY, NEGLIGENCE OR OTHER TORT, BREACH, OF ANY STATUTORY DUTY, PRINCIPLES OF INDEMNITY OR CONTRIBUTION, THE FAILURE OF ANY LIMITED OR EXCLUSIVE REMEDY TO ACHIEVE SUCH PURPOSE OTHERWISE. IN NO EVENT SHALL THE MAXIMUM AGGREGATE LIABILITY OF THE PARTIES EXCEED THE LESSER OF (I) THE TOTAL AMOUNT PAID TO DOMAINIA UNDER THE TERMS OF THIS AGREEMENT FOR THE IMMEDIATELY PRECEDING TWELVE (12) MONTH PERIOD, OR (ii) $500 USD, WHICHEVER IS LESS. IN JURISDICTIONS WHERE THE LIMITATION OR EXCLUSION OF LIABILITY OF INCIDENTAL OR CONSEQUENTIAL DAMAGES IS LIMITED OR DISALLOWED, THE ABOVE LIMITATIONS OR EXCLUSIONS MAY NOT APPLY TO YOU. IN SUCH CASES, DOMAINIA S LIABILITY WILL BE LIMITED TO THE FULEST EXTENT PERMITTED BY APPLICABLE LAW. 12. Miscellaneous. This Agreement constitutes the entire understanding and contract between you and Domainia and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein. This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Domainia has with the Registry Operator, Registry Administrator and/or ICANN. You will be notified of such modifications if they are material to this Agreement or the Service. Your continued use of the Service will constitute your acceptance of these modifications. If you do not agree to any of such 9

10 changes, your sole and exclusive remedy is to cancel your subscription to the Service and to have your domain name registration transferred to a different domain name registrar. This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Kansas without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Service shall be brought in the state or federal courts located in Kansas. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding. 13. Definitions. Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Domainia Inc. is an ICANN accredited Registrar and signed the 2013 Registrar Accreditation Agreement ( RAA ) on September 12, Data Escrow refers to services that required by ICANN and cctld Registries. Domainia uses Iron Mountain for its WhoIs data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored. DNS refers to the Internet domain-name system governed by ICANN. ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a California non-profit, non-government organization under contract with the U.S. Department of Commerce to manage the security and stability of Internet, including the Domain Name System. P/P Customer means, regardless of the terminology used by the P/P Provider, the licensee, customer, beneficial user, beneficiary, or other recipient of Privacy Services and Proxy Services. Privacy Service is a service by which a Registered Name is registered to its beneficial user as the Registered Name Holder, but for which alternative, reliable contact information is provided by the P/P Provider for display of the Registered Name Holder's contact information in the Registration Data Service (Whois) or equivalent services. Proxy Service is a service through which a Registered Name Holder licenses use of a Registered Name to the P/P Customer in order to provide the P/P Customer use of the domain name, and the Registered Name Holder's contact information is displayed in the Registration Data Service (Whois) or equivalent services rather than the P/P Customer's contact information. 10

11 P/P Provider or Service Provider is the provider of Privacy/Proxy Services, including Registrar and its Affiliates, as applicable. Registered Domain Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name). Registered Name Holder or Registrant means the holder of a Registered Domain Name. Registrar refers to Domainia Inc. who is an ICANN accredited Registrar. Registrar Services means services provided by Domainia in connection with a TLD which it has an agreement with the TLD's or cctld s Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database. Registry means the electronic directory where all TLDs are held. Registry Administrator (RA) maintains the Registry database at the direction of the Registry Operator. Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by Domainia in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database. Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the U.S. Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD or that country or providing Registry Services for a specific cctld. Registry Services shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD or that Country or their Registry Operator for that cctld. TLD is a Top-Level Domain of the Domain Name System. 11

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