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This Registration Agreement, ("Agreement"), sets forth the terms and conditions agreed to
between you (whether directly or through your agent, or as an agent for another person
or entity), and SiteName.net, relating to the registration, renewal, transfer,
or modification of one or more .com. .net, or .org Top Level Domain Name ("TLD's")
in roman-alphabet languages. In this Agreement, "Registrar Reseller", "we", "us", and
"our" shall refer to SiteName.net and "Registrant", "you", "your", or "Customer"
shall refer to the person or entity that is using SiteName.net registration
services.
You (whether directly or through your agent, or as an agent for another person or entity)
acknowledge that you have read, understood and agree to be bound by all the terms and
conditions of this Agreement.
- FEES
You agree that upon submission of your domain name registration application, domain name
renewal application, or Registrar transfer application, to pay us our then current service
fees as set forth in our price schedule. We reserve the right to prospectively change our
fees or to institute new fees at any time, for any reason, at our sole discretion and you
agree to be bound by any fee increase.
- Fees are Non-Refundable. All fees are due at the time of registration and are
non-refundable, in whole or in part, even if the domain name registration is suspended,
cancelled or transferred prior to the end of the registration term.
- Renewal Fees. You will be notified that renewal fees are due at least thirty (30)
days prior to the expiration date of a domain name registration. Unless you specify
otherwise, once the initial domain name registration period has expired each domain name
shall be renewed for successive one-year terms as set forth in the then current price
schedule. Should you fail to renew or cancel your domain name registration by the
expiration date, we will automatically renew your registration for a one year term,
provided your credit card or other billing information is available and up to date.
Any renewal of our services is subject to our then current terms and conditions, the
payment of all applicable service fees at the time of renewal, and the domain name
registry's acceptance of the renewal of your domain name registration.
- Credit Card Charge Backs. In the event of a charge back by a credit card company
or other non-payment by you in connection with your registration, renewal, or Registrar
transfer fee, you acknowledge and agree that the domain name registration shall be
transferred to SiteName.net, that SiteName.net shall be deemed the entity
that paid the registration, renewal, or transfer fee, and that SiteName.net shall
have all rights regarding such domain name including, but not limited to, the right to
sell the domain name to a third party. SiteName.net may, in its sole discretion,
reinstate your domain name registration upon its receipt of the registration or renewal
fee and a US $200 reinstatement fee.
- REGISTRATION INFORMATION
You acknowledge and agree that in order for us to provide you domain name registration
and related services, you must provide us with certain information and that we will
maintain certain information about you and your registration.
- Required Information
During the domain name registration process, you must provide us the following ICANN
required information:
- The domain name being registered;
- The IP addresses and the names of the primary nameserver and the secondary nameserver
for the domain name;
- Your full name (or the name of the authorized person for contact purposes if the
domain holder is an organization, association, or corporation), postal address, email
address, voice telephone number, and fax number (if available) of the administrative
contact for the domain name;
- The full name, postal address, email address, voice telephone number, and where
available, fax number for the administrative contact, technical contact and billing
contact for the domain name.
You acknowledge and agree to promptly update this information and to keep it current,
complete, and accurate.
You also acknowledge and agree that when you renew a domain name registration, the type
of information you are required to provide may have changed. If you do not wish to
provide the new required information, we, in our discretion, may not renew your
registration.
- Additional Registration Information
In addition to the information you are required to provide in clause 2.1 of this
Agreement, we maintain additional information relating to your domain name registration,
including:
- the original creation date of a domain name registration, renewal or request for
service;
- the submission date and time of a registration or renewal application to us and by us
to the appropriate registry;
- communications constituting registration orders, renewals, modifications, or
terminations and related correspondence;
- records of account, including dates and amounts of all payments;
- the expiration date of the registration; and
- other information regarding all other activity between you and us regarding your
domain name registration and related services.
- Disclosure of Third Party Information
If, in applying for the registration of a domain name you are providing information about
a third party, or if you license a domain name registered in your name to a third party,
you hereby represent and warrant that you have (a) provided notice to that third party of
the disclosure and use of that party's information as set forth in this Agreement,
and (b) that you have obtained that third party's express consent to the disclosure
and use of that party's information as set forth in this Agreement.
- Obligation To Provide Accurate Information
You acknowledge and agree that any of the following actions or in-actions shall
constitute a material breach of this Agreement and shall be a sufficient basis for
cancellation of your domain name registration:
- your willful provision of inaccurate or unreliable information;
- your willful failure to promptly update information you provided to us, or
- your failure to respond for over fifteen (15) calendar days to our inquires
concerning the accuracy of contact details associated with your domain name registration.
- Security
Our system utilizes 128 bit encryption technology to send and receive information
pertaining to the registration, renewal, and transfer of a domain name.
- Disclosure and Use of Information
SiteName.net will take reasonable precautions to protect personal information
obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration
or destruction.
ICANN requires all accredited domain name Registrars to make domain name registration
information available in bulk form to third parties who agree not to use it to
(i) allow, enable or otherwise support the transmission of mass unsolicited, commercial
advertising or solicitations via e-mail (spam) or (ii) enable high volume, automated,
electronic processes that apply to our systems to register domain names.
You acknowledge, consent and agree that the information you provided SiteName.net
in the domain name registration application will be: (i) transmitted to the registry or
registry administrator for registry use; (ii) made publicly available as required by
ICANN; and (iii) used by SiteName.net for inclusion in databases produced and
used by SiteName.net.
We agree that we will not process any Personal Data collected from you, if any, in a way
that is incompatible with the purposes and other limitations set forth in this Agreement.
Except for the ICANN required third-party bulk access, SiteName.net does not
sell or intend to sell access to the information it collects and maintains during the
domain name registration process.
- DOMAIN NAME DISPUTE POLICY
You agree to be bound by our Domain Name Dispute Policy (the "Dispute Policy"), as
amended from time to time, which is hereby incorporated and made a part of this Agreement
by reference. The current Dispute Policy can be found at
http://www.SiteName.net/domainnamedispute.htm
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion,
may modify our dispute policy. We will post any such revised policy on our Web site at
least thirty (30) calendar days before it becomes effective. Your continued use of
SiteName.net as your domain name registrar or the use of any of
SiteName.net's other domain name services after modification to the Dispute
Policy becomes effective, shall constitute your acceptance of those modifications. If you
do not agree to such a modification, you may request that your domain name be cancelled
or transferred to another Registrar. No refunds, in whole or in part, will be provided
for domain names that are cancelled or transferred to another Registrar.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a
third party, you will be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree not to make
any changes to your domain name record without our prior approval. We may not allow you
to make changes to such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you are subject to
litigation regarding your registration and use of our domain name registration services,
we may deposit control of your domain name record into the registry of the judicial body
by supplying a party with a Registrar certificate from us.
- AGENTS
You agree that, if you are registering, renewing, transferring, or modifying a domain name
for someone else, you represent that you have the authority to nonetheless bind that
person as a principal to all terms and conditions provided herein, including the Dispute
Policy. You accept liability for harm caused by wrongful registration, renewal, transfer
or modification of a domain name.
You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.)
purchased our service(s) on your behalf, you are nonetheless bound as a principal by all
terms and conditions herein, including the Dispute Policy. Your continued use of our
services shall ratify any unauthorized actions of your agent. By acting on your behalf,
your agent certifies that he or she is authorized to apply for our services on your behalf,
that he or she is authorized to bind you to the terms and conditions of this Agreement and
that he or she has apprised you of the terms and conditions of this Agreement. In addition,
you are responsible for any errors made by your agent. We will not refund any fees paid,
in whole or in part, by you or your agent on your behalf for any reason, including, but
not limited to, in the event that your agent fails to comply with the terms and conditions
of this Agreement, your agent incorrectly provides information in the domain name
registration process or if your agent changes or otherwise modifies your domain name
record incorrectly.
- LICENSE OF DOMAIN NAMES
You agree that if you license the use of a domain name registered in your name to a third
party, you nonetheless remain the domain name holder of record, and you remain responsible
for (i) providing your own full contact information; (ii) providing and updating accurate
technical and administrative contact information adequate to facilitate timely resolution
of any problems that arise in connection with your domain name and domain name registration;
and (iii) all other obligations under this Agreement, including but not limited to
payment obligations.
As further required by ICANN, you shall accept liability for harm caused by wrongful use
of the domain name, unless you promptly disclose the identity of the licensee to a party
providing you with reasonable evidence of actionable harm.
- REGISTRAR TRANSFER
Registrant agrees that it can transfer one or more domain name registration, in accordance
with ICANN or registry policy, from or to SiteName.net. Registrant also acknowledges
and agrees that express authorization from someone with apparent authority to legally
bind the domain name holder is required before such a transfer can occur. You can
authorize the transfer of a registration to SiteName.net by completing the
Registrar Transfer Application.
You agree that you shall not transfer your domain name registration until sixty days have
elapsed from the time of initial domain name registration. You agree that the transfer of
domain name registrations may be refused if there is a dispute concerning the domain name
or the domain name holder's identity.
- OWNERSHIP CHANGE
You agree that in the event you request the transfer of your domain name ownership, you
shall relinquish the domain name registration being transferred, release
SiteName.net from all of its obligations under this Agreement, and release
SiteName.net from any and all liabilities, demands, and claims related to such a
transfer of domain name ownership.
- MANAGE YOUR DOMAIN NAME REGISTRATION INFORMATION
If you have registered a domain name with SiteName.net or transferred a domain
name to SiteName.net, you may change any of the domain name registration
information at any time (Click here to change domain name registration information). You
must use the Username and the Password that you selected when you registered or
transferred your domain name with us. Please safeguard your Username and Password from
any unauthorized use. In no event will SiteName.net be liable for the
unauthorized use or misuse of your Username or Password.
- NO GUARANTY OF REGISTRATION OR RENEWAL
You acknowledge and agree that SiteName.net cannot guarantee that you will be able
to register or renew a desired domain name, even if an inquiry indicates that the desired
domain name is available, because SiteName.net cannot know with certainty whether
or not the domain name which you are seeking to register is simultaneously being registered
by a third party, or whether there are any inaccuracies or errors in the domain name
registration or renewal process or related databases, including the various WHOIS
databases.
You agree that, by registration of your chosen domain name, such registration does not
confer immunity from objection to either the registration or use of your domain name.
You further acknowledge and agree that SiteName.net may elect to accept or reject
your application for registration or renewal for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a request for registration or
renewal of a prohibited domain name.
- OWNERSHIP OF INFORMATION
You acknowledge and agree that SiteName.net owns all database, compilation,
collective and similar rights, title and interests worldwide in our domain name and other
proprietary information databases, and all information and derivative works generated
from those databases.
- REPRESENTATIONS and WARRANTIES
You represent and warranty to us that (i) the statements that you made in connection with
the registration, renewal, management, or transfer of a domain name are complete and
accurate, and that any future changes to this information will be provided to us in a
timely manner; (ii) to the best of your knowledge and belief, neither the registration
of the domain name for which you have applied for, renewed, managed, or transferred nor
the manner in which you intend to use the domain name you applied for, renewed, managed,
or transferred, directly or indirectly infringes upon or otherwise violate the legal or
equitable rights of any third party; (iii) it is your responsibility to determine whether
your domain name registration infringes or violates someone else's rights; (iv) you
are not registering, renewing, managing, or transferring the domain name for an unlawful
purpose and you will not knowingly use the domain name in violation of any applicable
laws or regulations; (v) you agree that your use of our service(s) is solely at your own
risk and that all of our services are provided on an "as is," and "as available" basis;
- LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any
SiteName.net services provided under this Agreement and/or for any breach
of this Agreement is solely limited to the amount you paid for such service(s).
YOU FURTHER AGREE THAT, REGARDLESS OF CIRCUMSTANCES, SiteName.net SHALL NOT BE
LIABLE FOR ANY DIRECT, INDIRECT, PUNITIVE, EXEMPLARY, 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
SiteName.net HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES RESULTING FROM
THE USE OR INABILITY TO USE ANY OF SiteName.net'S SERVICES OR FOR THE COST
OF PROCURING SUBSTITUTE SERVICES. If a jurisdiction does not allow the exclusion or
limitation of liability for consequential or incidental damages, then
SiteName.net's liability for consequential or incidental damages in such
jurisdiction is excluded or limited to the extent permitted by law.
We disclaim any and all loss or liability to you, or any other person or entity,
resulting from, but not limited to: (a) Suspension, loss, or modification of your domain
name registration; (b) Use of your domain name registration; (c) Interruption of your
business; (d) Access delays or access interruptions to any web sites accessed by your
registered domain name; (e) Non-delivery, mis-delivery, corruption, destruction or other
modification of data; (f) Processing your domain name application or other service
application; (g) Application of our Dispute Policy or any other ICANN (or similar
governmental or successor organization) adopted policies; (h) Any errors, omissions or
other actions by the registry administrator arising out of or related to your domain name
application, registration, renewal, transfer, or failure to register, renew, or transfer
a domain name; (i) Unauthorized use or misuse of your Account Name or Password; (j) Our
processing of your application for our services, our processing of any authorized
modification to your domain name record or your agents failure to pay any fees, including
the initial registration, renewal, or transfer fee; (k) Deletion of or failure to store
e-mail messages; or (l) Acts of God and events beyond SiteName.net's reasonable
control.
- DISCLAIMER OF WARRANTIES
THE SERVICES WE PROVIDE TO YOU ARE "AS IS." WE EXPRESSLY DISCLAIM ALL WARRANTIES, WHETHER
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT, INCLUDING BUT NOT LIMITED TO, THE
IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET
YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR
FREE. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF
OUR SERVICE(S). FURTHER, SiteName.net MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL
IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR USE, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. TO THE EXTENT
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
- INDEMNIFICATION
You agree to release, indemnify, defend and hold harmless SiteName.net and the
applicable registry administrator and their directors, officers, employees, agents, and
affiliates from and against any and all claims, loss, damages, liabilities, costs, and
expenses (including reasonable legal fees and expenses) arising out of any and all third
party claims, actions, suits, or demands that are related to or arise out of your
application for, registration of, renewal of, or transfer of a particular domain name, or
failure to register, renew, or transfer, a particular domain name. This indemnification
is in addition to any indemnification required under the Dispute Policy or any similar
policy. When we are threatened with suit or sued by a third party, we may seek written
assurances from you concerning your promise to indemnify us; your failure to provide those
assurances may be considered by us to be a material breach of this Agreement.
- CHANGES TO THIS AGREEMENT
You acknowledge and agree that the domain name system and the practice of registering and
administering domain names are evolving, and therefore you agree that SiteName.net,
in its sole discretion, may modify this Agreement, from time to time, to comply with any
additional rules or policies that may be required by ICANN or to adjust to changing
business circumstances.
We will post any modifications to this Agreement on our Web site at least thirty (30)
calendar days before it becomes effective. Your continued use of SiteName.net
as your domain name registrar or the use of any of SiteName.net's other domain
name services after modification(s) to this Agreement becomes effective, shall constitute
your acceptance of the modification(s). If you do not agree to such a modification, you
may request in writing that your domain name be cancelled or transferred to another
registrar. No refunds, in whole or in part, will be provided for domain names that are
cancelled or transferred to another registrar.
No provision of this Agreement or our Dispute Policy, may be amended or modified by you except by means of a written document signed by us.
- CANCELLATION, SUSPENSION, TRANSFER OR MODIFICATION
You agree that we may cancel, suspend, transfer or modify your domain name registration
services in order to: (i) correct mistakes made by us or the registry in registering your
chosen domain name; (ii) to resolve a dispute under our Dispute Policy; (iii) to abide
by any ICANN or registry adopted policy; or (iv) prevent high volume, automated,
electronic, repetitive queries except as reasonably necessary to register SLD names or
modify existing registrations. If your registration is cancelled as a result of
SiteName.net correcting a mistake made by us in registering your chosen domain
name, we will refund, in whole, any fees paid by you to SiteName.net.
You also agree that SiteName.net has the right to suspend, cancel, transfer, or
otherwise modify a domain name registration pursuant to 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.
- BREACH AND REVOCATION
You agree that we reserve the right to cancel, suspend, transfer or modify your domain
name registration if you (i) materially breach this Registration Agreement and do not
cure such breach within 30 calendar days of notice; (ii) provide false or misleading
information, or conceal or omit any information that we would likely consider material to
our decision to register or renew your domain name; (iii) use your registered domain name
to send unsolicited commercial advertisements in contravention of applicable laws; or
(iv) you use your domain name in connection with unlawful activity.
- ASSIGNMENT
You shall not assign this Agreement, by operation of law or otherwise, without our prior
written consent. Any attempt by your creditors to obtain an interest in your rights under
this Agreement, whether by attachment, levy, garnishment or otherwise, renders this
Agreement voidable at our option. Subject to that restriction, this Agreement will be
binding on, inure to the benefit of, and be enforceable against the parties and their
respective successors and assigns.
- GENERAL
Entire Agreement
Registrant agrees that this Registration Agreement and the Dispute Policy is the complete
and exclusive agreement between Registrant and SiteName.net regarding the
registration of Registrant's domain name. This Registration Agreement and the
Dispute Policy supersede all prior agreements and understandings, whether established by
custom, practice, policy, or precedent.
Relationship of the Parties
Nothing in this Agreement may be construed as creating the relationship of agency
partnership or joint venture between the parties.
Non-Waiver
The waiver by either party of a breach of or default in respect of any provision of this
Agreement shall not be construed as a waiver of any succeeding breach of the same or
other provisions, nor shall any delay or omission on the part of either party to exercise
or avail itself of any right, power or privilege that it has or may have hereunder,
operate as a waiver of any breach or default by the other party.
Notice
Except as otherwise specifically stated herein, any notices required to be given under
this Agreement will be deemed to have been given if delivered by email or fax, or sent
by certified mail, return receipt requested, or by Federal Express or other recognized
overnight delivery service to each of the parties in accordance with the most current
contact information you have provided to us, and the contact information for us that is
posted on the SiteName.net Web site. All notices shall be effective upon receipt,
except that email and fax notices shall be effective upon transmission.
Severability
Registrant agrees that the terms of this Registration Agreement are severable. If any
term or provision is declared invalid, it shall not affect the remaining terms or
provisions, which shall continue to be binding.
If you have any questions, please email support@SiteName.net.
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