Domain Registration Agreement
This Domain Registration Agreement ("Registration Agreement") is between HostYourSite, LLC ("we," "us," or "HostYourSite"), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here, and you, the person or entity registering a domain or domains through HostYourSite. By using HostYourSite's domain registration services (the "Services"), you agree to be bound by this Registration Agreement. Please read this agreement carefully.
We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on the HostYourSite website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective the earlier of (i) the end of such 30-day period or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.
You acknowledge and agree that HostYourSite may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by ICANN ("Internet Corporation for Assigned Names and Numbers") and/or the applicable registry administrators ("Registry Administrators") for the top level domains ("TLD") or country code top level domains ("ccTLD").
Your domain registration will be effective upon occurrence of all of the following:
You understand that HostYourSite does not control all aspects of the domain registration process. For example, once you submit a domain registration, HostYourSite forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. HostYourSite disclaims, and you agree, that HostYourSite is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. HostYourSite will not be held liable, nor refund a domain name registration due to spelling errors/typos.
HostYourSite, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.
You may be notified at HostYourSite's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew. Additional information about domain renewal and expiration are available here. Current renewal and redemption fees are available here.
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold HostYourSite harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain ("SLD") name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension ("URS") and to submit to any proceedings commenced pursuant to the URS, if applicable.
For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).
You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at HostYourSite's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.
In the event that, in registering the domain, you are providing information related 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 Registration 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 Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.
ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain in these registries.
Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.
The Registrar acts as agent for the Registry Operator and the Sponsor for the sole purpose, and only to the extent necessary, to enable the Registry Operator and the Sponsor to receive the benefit of rights and covenants conferred on each of them under this agreement.
Registrant warrants that:
As part of the registration process, Registrant is required to provide certain information and agrees to update this information to keep it current, complete and accurate. This information includes:
Registrar represents and warrants that the data provided in the domain name registration application is true, correct, up to date and complete and that Registrant will continue to keep all the information provided up to date. Registrant's willful failure promptly to update information provided, or any failure to respond for over 15 calendar days to inquiries by the Registrar, the Registry Operator and the Sponsor addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through the Registrant, shall constitute a breach of this agreement and be a basis for cancellation of the domain name.
Registrant acknowledges that information provided by the Registrant will be:
Registrant may access data provided and rectify any incorrect data relating to Registrant through a login and password provided by Registrar (if available) or by making requests to Registrar's customer support group.
Registrant consents to the use of the information provided by it for the purposes set out in clause 6. If Registrant does not consent to the use of the information for the purposes set out in clause 6(c), then the Registrant must provide non consent verification stating the name and address of the Registrant and signed by an appropriate authorized individual. This must be sent to HostYourSite, 10 Corporate Drive, Suite 300, Burlington, MA 01803, Attn: Legal Department.
The Registrar, the Registry Operator and the Sponsor will not process information in a manner incompatible with the purposes and limitations set out in clauses 6 and 7 of the Registrar Registration Agreement.
The Registrar, the Registry Operator and the Sponsor will take reasonable precautions to protect personal information obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.
To the extent permitted by law, Registrant agrees that neither the Registrar, the Registry Operator and the Sponsor have any liability to the Registrant or the Registrant's agent for any loss Registrant may incur in connection with the processing of this agreement, the processing of any pre-registration application or application for a domain name, the processing of any authorized modification to the domain name's record during the covered registration period, or the failure by the Registrant's agent to pay a pre-registration or registration fee or renewal fee, or as a result of the application of the provisions of the relevant domain name dispute policy.
Registrant agrees that registration of its domain name shall be subject to suspension, cancellation or transfer by the Registrar or the Sponsor pursuant to any Sponsor or ICANN adopted specification or policy, or pursuant to any Registrar or registry procedure not inconsistent with an ICANN adopted specification or policy:
The Registrant agrees to indemnify, keep indemnified and hold the Registrar, the Registry Operator, the Sponsor and their directors, officers, employees and agents harmless from and against all and any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or relating to Registrant's domain name registration or pre-registration, or to the Registrant's use of the domain name.
For the adjudication of disputes concerning or arising from the use of the domain name, the Registrant submits, without prejudice to other potentially applicable jurisdictions, to the jurisdictions of the courts of:
Domain Names will be registered to Registrants only for fixed periods. At the conclusion of the registration period, failure by or on behalf of the Registrant to pay a renewal fee within the time specified shall, in the absence of extenuating circumstances, result in cancellation of the registration. The domain name is personal to the Registrant, and the Registrant may not transfer or license the domain name to any other person.
The Registrant acknowledges that the Policy is expected to evolve. Changes in the Policy may result in cancellation or non-renewal of the registration or a change of terms under which the registration may be maintained.
Registrant acknowledges that it has read and understood, and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are incorporated and made an integral part of this agreement:
Registrant agrees that failure to abide by any provision of this agreement or any relevant domain name dispute policy may be considered by Registrar or the Sponsor as a material breach and that Registrar or the Sponsor may provide a notice describing the breach to the Registrant. If ,within 30 days of the date of the notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar or the Sponsor (as the case may be) that it has not breached its obligations, then Registrar or the Sponsor may delete Registrant's registration of the domain name. Any such breach by a Registrant shall not be taken to be excused simply because the Registrar or the Sponsor did not act earlier in response to that, or any other, breach by the Registrant. Notice may be given by mail, facsimile, email or other electronic means.
Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates."
This file was last modified on December 11, 2018.
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