DOMAIN NAME SERVICE AGREEMENT
1. Introduction. This Domain Name Registration Agreement ("Registration Agreement") is submitted by DomainIt, Inc., an Ohio Corporation ("DomainIt"). This Registration Agreement shall become legally binding between Registrant and DomainIt upon acceptance by DomainIt, all according to the terms set forth below. Except as otherwise specified herein, this Registration Agreement applies to the registration of all domain names through the services provided by DomainIt. The acceptance of this Registration Agreement and the performance of the services hereunder shall occur at DomainIt with offices in Cincinnati, Ohio. By submitting your order for service or authorizing submission on the DomainIt website (www.domainit.com), checking the box "I have read and agree to the DomainIt terms and conditions", by clicking the button "Purchase", or by using any DomainIt service, you agree to accept these terms and intend to be contractually bound by the terms and conditions set forth herein. Registrant may obtain a paper copy of this Registration Agreement by printing it via their own printer or by specific e-mail request to firstname.lastname@example.org or by sending a written request to:
9891 Montgomery Road, #225,
Cincinnati, Ohio 45242,
2. Definitions. As used in this Registration Agreement, the following terms shall have the following meanings:
2.1 "ICANN" refers to the Internet Corporation for Assigned Names and Numbers.
2.2 "Registrant" when appearing with an initial capital letter refers to the person(s), entity(ies) or association(s) applying to register, renew or transfer a domain name, also sometimes referred to herein as "you".
2.3 "Registrant Data" when appearing with initial capital letters refers to all relevant information about any Registrant.
2.4 "Registrar" when appearing with an initial capital letter, refers to the accredited Registrar, DomainIt who registers the Registrant's domain name with the Registry.
2.5 "Registry" when appearing with an initial capital letter, refers to the person(s) or entity(ies) responsible for providing Registry Services, in accordance with an agreement with ICANN (or its successor) or, in the case of registration of domain names other than for those managed by ICANN, the person(s) or entity(ies) responsible for providing Registry services in accordance with an agreement with (or authorization from) such Registry or its governing body.
2.6 "Registry Services" means operation of the Registry for the registration of generic (gTLD) and country code (ccTLD) Top-Level domain names (including receipt of data concerning registrations and name servers from Registrars, provision of status information to Registrars, operation of the Registry TLD zone servers and dissemination of TLD zone files).
2.7 "TLD" refers to the generic (gTLD) and country code (ccTLD) Top-Level domains in the internet domain name system and future TLD's adopted by ICANN (or its successor) or entity (ies) responsible for providing Registry services in accordance with an agreement with (or authorization from) such Registry or it's governing body.
3. No Guarantee of Registration, Transfer or Renewal. As a domain name Registrar, DomainIt is, upon accepting your application to register, transfer or renew a domain name, your sponsor for that application. No domain name registrations, Transfer or Renewal shall be deemed effective unless and until we deliver the domain name Registration, Transfer or Renewal application you provide us to the appropriate Registry, as applicable, and that Registry accepts your application and activates your domain name Registration, Transfer or Renewal. You will be entitled to a refund only if your Registration, Transfer or Renewal is unsuccessful. You acknowledge and agree that DomainIt does not guarantee that you will be able to Register, Transfer or Renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that DomainIt cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name Registration, Transfer or Renewal process or related databases, including the various WHOIS or other Registry databases. You also acknowledge and agree that DomainIt is not responsible for any inaccuracies or errors in the domain name Registration, Transfer or Renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION, TRANSFER OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that DomainIt may elect to accept or reject your application for Registration, Transfer or Renewal for any reason at its sole discretion. You also acknowledge and agree that DomainIt is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registry arising out of or related to your application for and Registration/Transfer/Renewal of, or failure to Register, Transfer or Renew a particular domain name.
4. Registration, Transfer and Renewal Fees and Payments / Period of Service. The Registrar's Registration, Transfer or Renewal fee shall be payable by credit card acceptable to the Registrar in consideration for the Registration, Transfer or Renewal of each domain name. Registrations, Transfers or Renewals are not effective until the applicable Service fee has been paid and cleared into the account of the Registrar and the requested Service has been completed by the Registrar and Registry. The amount of Registration, Transfer and Renewal fees and maintenance fees vary based upon (a) the type of domain being Registered, Transferred or Renewed and (b) the period of Registration, Transfer or Renewal. DomainIt reserves the right to modify its pricing without prior notice and at its sole discretion. Prevailing fees are set forth on the website at: www.domainit.com. All fees are non-refundable and are subject to change. Discounts and coupons may be modified or discontinued by DomainIt at any time.
4.1 Registrar offers Domain Auto Renew service as a courtesy, to avoid deletion of your domain(s) at expiration. Auto Renew is an opt-in setting - it is Your responsibility to login to your account and manually implement this setting prior to the domain(s) expiration date(s). When you opt-in to Auto Renew your domain(s), our system will automatically charge the specified credit card the prevailing fee 31 days prior to expiration, then renew Your domain(s) for the minimum term as allowed by the Registry. If Your domain(s) is within 31 days of expiration when You activate Auto Renew, the fee and renewal will be processed within 24 hours. If for any reason Registrar is unable to process the Auto Renew fee to the specified credit card, you agree that Registrar may charge the Auto Renew fee to an alternate credit card listed in your User Account. Auto Renew(s) will not be processed and Your domain(s) will not be renewed until valid credit card information has been provided and You have contacted Registrar via the website contact form to resume Auto Renew. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR AUTO RENEW HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that Registrar may elect to accept or reject your application for Auto Renew for any reason at its sole discretion. You also acknowledge and agree that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registry arising out of or related to Your Auto Renew service.
4.2 DomainIt reserves the right to charge a reasonable administrative fee for tasks requiring DomainIt's involvement that are outside the scope of its regular services. Including, but not limited to: payment disputes; domain registration disputes; investigating and updating expired or invalid contact information the Registrant has failed to keep current; and disputes that require legal services. DomainIt also reserves the right to charge for any fees incurred by third parties that the Registrant chooses to use for payment methods due to but not limited to fees for chargebacks or disputed payments.
4.3 Expiration reminder notices. DomainIt will transmit notices regarding the pending expiration of a domain name via electronic mail, to the email address listed in the user account.
5. Representations and, Warranties and Covenants. By applying to register, renew or transfer a domain name, Registrant hereby represents, warrants and covenants to the Registrar and to the applicable Registry that (a) the information submitted by Registrant is complete and accurate; (b) to Registrant's knowledge neither the registration of the domain name nor the manner in which it is directly or indirectly used or intended to be used infringes or otherwise violates or will violate the rights of any third party; (c) Registrant is not registering the domain name for any unlawful purpose; (d) Registrant will not knowingly use the domain name in violation of any applicable laws or regulations; (e) Registrant has all requisite power and authority to execute this Registration Agreement and to perform Registrant's obligations hereunder; (f) Registrant is of legal age to enter into this Registration Agreement; (g) Registrant will timely pay all applicable taxes, however designated or imposed, pursuant to the registration and renewal and any property or services provided hereunder; and (h) Registrant will not send unsolicited bulk Email messages ("junk mail" or "spam"). Registrant acknowledges that it is Registrant's responsibility to determine whether the domain name being registered infringes or violates someone else's rights. Registrant further acknowledges that the Registrar will not, and has no obligation to, determine whether the domain name being registered infringes or violates someone else's rights.
6. Covenants Regarding Registrant's Information. Registrant agrees to provide to the Registrar accurate and reliable information. Registrant agrees to promptly correct and update such information during the term of the domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the Registrant and of the technical contact and of the administrative contact for the domain name; and all other data required to be provided by the Registrar, the Registry, ICANN or the governing body of the applicable TLD. Registrant must provide the information set forth in the compulsory fields of the registration application, and Registrant may provide the information set forth in the discretionary fields of the registration application. Registrant's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to the Registrar, or its failure to respond for over three (3) calendar days to inquiries by the Registrar concerning the accuracy of contact details associated with the Registrant's registration shall constitute a material breach of this Registration Agreement and shall be a basis for cancellation of the domain name registration.
7. Use of Information / Consents. Registrant acknowledges and consents to use of Registrant's information for the following purposes: (i) transmission to the applicable Registrar and Registry and others who will receive the information from the Registry; (ii) free public query-based access to Registrant Data concerning all active domain registrations (unless you elect the Private Registration Service governed pursuant to Section 12 of this Agreement); (iii) use by the Registrar for inclusion in registers and database(s) produced by the Registrar or its licensees (unless you elect the Private Registration Service governed pursuant to Section 12 of this Agreement). Registrant may access Registrant Data provided to the Registrar by accessing their client account on the secured website at: https://www.domainit.com. Registrant warrants that it has provided notice to, and has obtained consent from, any third party individuals whose data is supplied to the Registrar regarding the uses of such information as set forth in clauses (i), (ii) and (iii) of this Section. The Registrar agrees that it will not process the data collected from the Registrant in a way that is incompatible with the purposes and limitations set out in this Section. The Registrar further agrees that it will take reasonable precautions to protect data obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.
7.1 The data in DomainIt's WHOIS database is provided to you by DomainIt for information purposes only, namely to assist you in obtaining information about or related to a domain name registration record. DomainIt makes this information available "as is," and does not guarantee its accuracy. By submitting a WHOIS query, you agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: (1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via direct mail, electronic mail, or by telephone; or (2) enable high volume, automated, electronic processes that apply to DomainIt (or its systems). The compilation, repackaging, dissemination or other use of this data is expressly prohibited without the prior written consent of DomainIt. DomainIt reserves the right to modify these terms at any time. By submitting this query, you agree to abide by these terms.
7.2 Registrant acknowledges and consents to the use, copying, distribution, publication, modification and other processing of Registrant Data by Registry and its designees and agents in a manner consistent with the purposes specified pursuant to ICANN's individual registry-registrar agreements, subject to the terms contained in Section 12 of this Agreement if Registrant has elected the Private Registration Services.
8. Agency. Any Registrant that intends to license use of a domain name to a third party is nonetheless the domain 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 domain name. A Registrant licensing use of a domain name according to this provision shall accept liability for harm caused by wrongful use of the domain name, and the indemnification provisions provided below shall apply as if Registrant were the both the holder and the licensee of the domain name.
9. Chargeback of Fees. In the event that Registrant registers, renews or transfers domain(s) through the Registrar and the registration, renewal or transfer fee is not, for any reason, immediately received by the Registrar or is charged back to the Registrar for any reason, Registrant agrees to promptly send a certified check drawn on a US bank in USD (United States Dollars) payable to the Registrar for the full amount due, including charge back and/or processing fees, and allow the Registrar to change the domain status for the domain(s) to "Registrar Hold" status until such payment is honored.
10. Compliance With Melbourne IT's Terms and Conditions. For domains not registered by DomainIt as the Registrar and instead registered by DomainIt as an authorized reseller for the Registrar Melbourne IT (aka INWW), the Registrant agrees to comply with all of the terms and conditions of Melbourne IT's registration agreement. http://www.melbourneit.com.au/policies/gtldtermcond.php3 Registrant accepts these conditions of Melbourne IT as the Registrar of the Registrant's domain name. DomainIt adopts the policies of Melbourne IT for these domain names.
10.1 Domains registered by DomainIt as an authorized reseller for the Registrar Melbourne IT will be transferred to DomainIt the registrar at the time of domain renewal, whenever possible. Registrar transfers take 2-3 days to complete. During this period, the administrative contact for the domain will temporarily be, "DomainIt Administrator 9891 Montgomery Road, #225, Cincinnati, OH 45242-6176 US, 513-351-4222, 513-351-8222" Upon completion of the transfer/renewal, the administrative contact record will revert back to the record at the time of renewal. By renewing a domain name registered by DomainIt as an authorized reseller for the Registrar Melbourne IT via the DomainIt website, you agree and authorize this transfer to be made. Modifications to the domain record may not be made while the registrar transfer is in process. Upon completion, Registrant agrees that it may not change its Registrar for a period of sixty (60) days subsequent to the transfer of the domain name.
11. Acceptable Use Policy
11.1 Illegal Activities. DomainIt reserves the right to deactivate or suspend use of Services if found or reasonably suspected to involve or facilitate illegal, abusive or unethical activities as defined by DomainIt in its sole discretion or pursuant to its applicable acceptable use policy. Such activities include pornography, obscenity, nudity, violations of law or privacy, hacking, computer viruses, gambling, or any harassing or harmful materials or uses.
11.2 Unsolicited Electronic Mail. You are expressly prohibited from sending unsolicited bulk mail messages ("junk mail" or "spam"). This includes bulk-mailing of commercial advertising, information announcements, and political tracts. Such material may only be sent to those who have specifically requested it. Malicious or threatening e-mail is also prohibited. DomainIt has no obligation to review, and should not be expected to review, the contents of any e-mail or other stored electronic communications except as required by applicable law.
11.3 Authorization. DomainIt's services and/or network resources may not be used to impersonate another person or misrepresent authorization to act on behalf of others or us. All messages transmitted via the service should correctly identify the sender; You may not alter the attribution of origin in electronic mail messages or posting.
12. Private Registration Service. When you subscribe to DomainIt Private Registration Service, you authorize and direct DomainIt to display alternate contact information in the public WHOIS database for the Registrant, Administrative, Billing and Technical Contacts for the applicable domain name, subject to the rules and polices outlined below. Private Registrations that are cancelled for any of the reasons below will not be refunded or credited back to the clients account. Domains transferred away from Registrar automatically forfeit any remaining time on their Private Registration Service, and are not eligible for a refund of any service time remaining.
12.1 Communications Forwarding.
(i) By subscribing to the Private Registration Service, you authorize and direct DomainIt to process communications directed to you in care of the address and other contact information provided by DomainIt and displayed in the public WHOIS database as follows:
(a) E-mail Address. A private e-mail address that will automatically change in the public WHOIS database every twenty-four (24) hours is created for the applicable domain name and will be displayed in the public WHOIS database. Messages received at the e-mail address posted in the public WHOIS database may be filtered for SPAM and forwarded to the e-mail address associated with your contact for the applicable domain name. Once an e-mail address is removed from the public WHOIS database it will no longer be a valid e-mail address for the receipt of messages. You acknowledge that you may not receive messages sent to an expired e-mail address.
(b) Postal Address. An address in care of DomainIt will be the postal address displayed in the public WHOIS database for the applicable domain name. You hereby authorize DomainIt to receive, sort, open, forward, read and destroy any and all mail sent to such address in its sole discretion. Mail received via Certified Mail® or Express MailTM will be opened and all such mail that can be scanned will be scanned and sent to you via the e-mail address associated with the account for the applicable domain name. You acknowledge that you will have five (5) days from the date such Certified Mail® or Express MailTM is sent to you via e-mail to request in writing that a copy of such scanned mail be forwarded to you via postal mail at your expense. You acknowledge that unless you direct us otherwise in writing within such five (5) day period, all such mail will be destroyed five (5) days after a scanned copy is sent to you via e-mail. All applicable mail that is unable to be scanned will be forwarded to you via postal mail at Your expense at the postal address associated with the account for the applicable domain name. You specifically acknowledge that DomainIt will destroy all third class and "junk" mail upon receipt and will either discard all such other communications received or return the same to the sender unopened. You hereby waive any and all claims arising from your failure to receive communications directed to your domain name contact information displayed in the public WHOIS database but not forwarded to you by DomainIt.
(c) Telephone Number. A telephone number that is answered by DomainIt or a DomainIt answering service will be displayed in the public WHOIS database for the applicable domain name. Callers will be informed of how to contact you using the e-mail address displayed in the public WHOIS database.
(ii) You acknowledge and agree that by subscribing to our Private Registration Service that you will not receive all communications sent to you at the contact information listed in the public WHOIS database. You acknowledge and agree that DomainIt disclaims any and all loss or liability that may result from your use of our Private Registration Service and/or your failure to receive important correspondence sent to you at the contact information displayed in the public WHOIS database, including, but not limited to, legal notices or UDRP complaints.
(iii) You agree that if you opt to have postal mail forwarded to you in accordance with Section 12.1(i)(b) above, that you are responsible for paying all fees and costs associated with DomainIt providing such forwarding services. DomainIt will inform you via e-mail of the applicable shipping costs, and the credit card associated with your account for the applicable domain name will be charged. The credit card transaction must be successful prior to us forwarding the correspondence to You. You are solely responsible for maintaining current and accurate credit card information on file with DomainIt.
12.2 DomainIt Right To Disclose Your Contact Information and Terminate the Private Registration Service. You acknowledge and agree that DomainIt has the absolute right and power, as it deems necessary in its sole discretion, without providing notice and without any liability of DomainIt to Registrant whatsoever, to (a) reveal to third parties the contact information provided by Registrant to DomainIt in connection with the account for the applicable domain name, (b) populate the public WHOIS database with the registrant's name, primary postal address, e-mail address, fax number and telephone number as provided by Registrant to DomainIt, or (c) terminate Registrant's subscription to our Private Registration Service including but not limited to the following reasons:
(i) for any violation of our Acceptable Use Policy;
(ii) if DomainIt, in its sole discretion, determines that the administrative burden required to maintain the Private Registration Service on Registrant's behalf is unduly excessive;
(iii) if any third party claims that Registrant's domain name violates or infringes a third party's trademark, trade name or other legal rights, whether or not such claim is valid;
(iv) to comply with any applicable laws, government rules or requirements, UDRP, ICANN and/or Registry policies or requirements, subpoenas, court orders, requests of law enforcement or government agencies; or
(v) if any third party threatens legal action against DomainIt that is related in any way, directly or indirectly, to the domain name, or claims that Registrant is using the domain name registration in a manner that violates any law, rule or regulation, or is otherwise illegal or violative of a third party's legal rights.
12.3 Contacts using our whois privacy service are not escrowed with the ICANN approved whois data backup service.
13. Limitation of liability. Registrant agrees that neither the Registrar nor the Registry shall have liability to the Registrant for any loss Registrant or any third party may incur in connection with the Registrar's processing of this registration agreement (or processing by the Registrar or applicable Registry) or the use of the domain name by Registrant or its agents or licensees or the processing of any authorized modification to the domain name record during the covered period, or the failure by the Registrant's agent (including the Registrant's internet service provider) to pay either the registration fee or renewal fee, or as a result of the application of the provisions of the dispute policy (as defined below) or any losses suffered by Registrant as a result of e-mail services, website forwarding, postal forwarding, telephone forwarding, website hosting, private registration services or internet protocol pointing by the Registrar. Registrant further agrees that the Registrar shall have no liability for malfunction or defect of any hardware, equipment or component or loss incurred by any person due to electrical failure (including electrical power interruption, surge, brownout or blackout). In addition, the Registrar shall have no liability for losses incurred by Registrant or any third party resulting from unauthorized access to, use of, tampering with or introduction of malicious code into the registration data or the Registrar's systems or the systems of any contractor of the Registrar. In no event shall the Registrar be liable for any consequential, incidental, special or exemplary damages (even if the Registrar has been advised of the possibility of such damages), and in no event shall the Registrar be liable for loss of goodwill, data, revenue or anticipated profits or lost business. Registrant agrees that in no event shall the maximum liability of the Registrar under this agreement for any cause of action exceed the fee paid to the Registrar for the provision of its services. Limitation on liability provided herein shall survive termination of this agreement indefinitely.
14. Indemnification. Registrant agrees to indemnify and hold harmless the Registrar and the Registry and their respective shareholders, directors, officers, employees, subcontractors, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or relating to Registrant's domain name registration or renewal or to the Registrant's (or Registrant's licensee's) use of the domain name, and actual or alleged infringement by Registrant or its agents of intellectual property rights, privacy rights or any other rights of third parties. This Section shall survive termination or expiration of this Agreement indefinitely.
15. Breach. Registrant agrees that failure to abide by any provisions of this Registration Agreement or the Dispute Policy (as defined below) may be considered by the Registrar to be a material breach and that the Registrar may provide a written notice, describing the breach to the Registrant. If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar that it has not breached its obligations, then the Registrar may delete, or may cause to be deleted, Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because the Registrar or the Registry did not act earlier in response to that, or any other, breach by the Registrant. Notice may be provided by mail, facsimile or any form of electronic means.
16. Legal Rights in Domain Name and IP Addresses. Registrant acknowledges and agrees that registration of a domain name does not grant ownership rights in the name and does not confer immunity from objection to either the registration or the use of the domain name. The Registrar maintains control and any ownership of any and all Internet Protocol ("IP") network numbers and addresses that may be assigned to the Registrant and reserves the right in its sole discretion to change, move or remove any and all IP network numbers and addresses.
17. Holding Page. Registrant acknowledges and agrees that domain names registered with the Registrar, or using the Registrar name servers or point to DomainIt web servers, and do not otherwise resolve to an active Web Site/Page, may resolve to a Holding Page, also known as parked page. Registrant agrees that the content and location of the Holding Page is at the Registrar's sole discretion and that the Registrar may change the content, location, and/or appearance of, or disable any Holding Page at any time and without prior notice. The Holding page may include such things as, without limitation (i) links to additional products and services offered by DomainIt, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine interface. To see a sample Holding page, please visit http://jackpot.org. If for any reason Registrant does not wish to have the domain name pointed to a Holding page, please notify our Support team by visiting http://support.domainit.com
18. Revocation. Registrant agrees that the Registrar may delete, or cause to be deleted, a Registrant's domain name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information the Registrar would likely consider material to its decision to approve this Registration Agreement.
19. Right to Refuse Registration. The Registrar, in its sole discretion, reserves the right to refuse to approve this Registration Agreement for any Registrant. Registrant acknowledges that the applicable Registry, ICANN policy or policy of a specific country or governing body regarding domain name registrations may provide that registration of certain domain names is prohibited. Registrant agrees that the submission of the Registration Agreement does not obligate the Registrar to accept this Registration Agreement. Registrant agrees that neither the Registrar nor the Registry shall be liable for loss or damage that may result from the Registrar's refusal to accept this Registration Agreement.
20. Change in Registrar. Registrant agrees that it can change its Registrar for an existing domain name only in accordance with the terms and conditions regarding transfers set forth by the applicable Registry. Registrant agrees that it may not change its Registrar for a period of sixty (60) days subsequent to the initial registration of the domain name. Registrant agrees that it may not change its Registrar for a period of sixty (60) days after completing transfer to DomainIt. Registrant agrees that it may not change its Registrar for a period of sixty (60) days subsequent to Redemption of a domain name. Registrant agrees that it may not change its registrar for a period of sixty (60) days after completing a manual modification due to invalid domain registrant and/or administrative contact information. Registrar may reject/cancel the transfer of any domain renewed in the last 60 days, at it's discretion. Registrants who transfer domain name(s) to another registrar during the 45 day period following domain renewal may lose the renewal year(s) purchased. You agree that Registrar is not responsible for this lost year and you are not entitled to a refund of the renewal fees paid. Registrar does not provide service or authorization codes for expired domain names.
21. Suspension, Cancellation or Transfer. Registrant agrees that its registration of each domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or governing body of applicable Registry-adopted policy for TLDs and pursuant to any procedure adopted by the Registrar or Registry for non Registry TLDs (i) to correct mistakes by the Registrar or the Registry in registering the name, or (ii) for the resolution of disputes concerning the domain name. In the absence of a separate policy adopted by the Registrar regarding suspension, cancellation or transfer of a domain name, the Registrar hereby adopts the ICANN or governing body of applicable Registry-adopted policy and such policy shall apply to all domain names. The Registrar reserves the right to adopt any policy for Registry TLDs which is not inconsistent with the ICANN-adopted policy and to adopt any policy for all other domain names which is not inconsistent with any policy then existing for such domain names.
22. Deletion and Redemption. Registrant agrees that it's registration is subject to the auto-renewal, deletion and redemption policies of both the Registry and the Registrar set forth as follows:
22.1 Grace Period to Renew Domain Names. Registrant agrees that Registrar provides at its sole discretion, a grace period to renew domain names, approximately thirty (30) days after the domain name expires. If you do not renew the domain name prior to or during the grace period, you agree that unless you notify us to the contrary we may, at our sole discretion, renew and/or transfer the domain name to a different Registrant, rather than delete the domain. Your failure to renew the domain name prior to or during the grace period shall constitute your consent to such a transfer on your behalf. You agree that we shall have no obligation to pay you, and you shall have no right to receive any compensation as a result of this transfer.
22.2 Redemption Period. Registrant also agrees that certain Registry authorities have a redemption grace period whereby domain names that are not renewed within the initial thirty day grace period may be placed into a Registrar Hold and Redemption status during which time the Registrant has approximately thirty (30) additional days (as determined by the Registry) to redeem and renew the domain name for a fee of $150.00 USD as set forth on the Registrar's website: https://www.domainit.com/domains/renew-domains.html The Redemption fee includes a one (1) year renewal of the domain name being redeemed. After processing of the Redemption fee, the Redemption and Renewal may take up to 72 hours for the domain name to become active.
22.3 Re-delegation of Name Servers. Registrant agrees that upon expiration of domain name, the Registrar has the right, at the Registrar's discretion, to delegate (or re-delegate if applicable) or delete the existing name servers until domain registration has been renewed or redeemed if in the redemption period.
22.4 Deletion. Registrant agrees that expired domain names may be deleted from the appropriate Registry approximately thirty days after the Redemption period has begun or within approximately 60 days after domain name has expired.
23. Dispute Policy. Registrant agrees as a condition to submitting this Registration Agreement that if the Registration Agreement is accepted by the Registrar, the Registrant will be bound by ICANN's then current Dispute Policy ("Dispute Policy") and the Dispute Policy Rules and Procedures. The current version of the Dispute Policy may be found at "http://www.icann.org/udrp/#udrp". The Registrar hereby adopts the Dispute Policy. Registrant agrees that any dispute relating to registration or use of the domain name will be subject to the provision specified in the Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the Dispute Policy.
23.1 Afilias Limited Sunrise Dispute Resolution Policy ("SDRP"). Registrant agrees as a condition to submitting this Registration Agreement that if the Registration Agreement is accepted by the Registrar, the Registrant will be bound by Afilias Limited's then current Sunrise Dispute Resolution Policy ("SDRP") and the Dispute Policy Rules and Procedures. The current version of the SDRP may be found at "http://www.afilias.info/register/dispute_resolution/sunrise_challenge_policy_revised". The Registrar hereby adopts the SDRP. Registrant agrees that any dispute relating to registration or use of the domain name will be subject to the provision specified in the SDRP. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the SDRP.
23.2 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant 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 Registrar is located.
24. Dispute Policy Changes or Modifications. Registrant acknowledges and agrees that upon a change in the Dispute Policy by ICANN or the Registry, unless otherwise disclosed by the Registrar, such changes are also adopted by the Registrar. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that if Registrant considers any such changes or modifications to be unacceptable, Registrant may request that the domain name be deleted from the domain name database. The Registrar shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement.
25. Changes or Modifications to Registration Agreement. Registrant agrees that, during the term of this Registration Agreement, The Registrar may in its sole discretion revise the terms and conditions of this Registration Agreement at any time. The Registrar agrees to post any such revised Registration Agreement on the Registrar's website: www.domainit.com. The revised Registration Agreement shall be binding and effective upon the earlier of (i) posting on the Registrar's website or (ii) upon notification to Registrant by e-mail, United States mail to the then current address provided by Registrant, personal delivery or by any form of electronic means. Registrant agrees to review the Registrar's website and the current version of this Registration Agreement periodically to be aware of any such revisions. If Registrant does not agree with a revision to this Registration Agreement, Registrant may terminate this Registration Agreement by providing the Registrar with notice sent by e-mail to, email@example.com or by United States mail addressed to DomainIt, Inc., 9891 Montgomery Road, #225, Cincinnati, Ohio 45242, USA to the attention of the President. Termination shall be effective upon completion of processing of the termination by the Registrar. The Registrar shall have no obligation to refund fees paid by Registrant if Registrant terminates this Registration Agreement. Registrant agrees that Registrant's continued registration of a domain name through the Registrar or continued use of the Registrar's services after any revision to this Registration Agreement becomes effective constitutes Registrant's acceptance of such revisions, and Registrant agrees to abide by and be bound by any such revisions.
26. 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. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
27. Entirety. Subject to Section 20, Registrant agrees that this Registration Agreement and the Dispute Policy is the complete and exclusive agreement between Registrant and the Registrar regarding the registration and use 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.
28. Governing Law. Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Ohio, United States of America. By submitting this Registration Agreement except as required by the Dispute Policy, Registrant consents to the exclusive jurisdiction and venue of the Courts located in Hamilton County, Ohio, United States, and all courts hearing appeals from such Courts, if the Registrar, its employees, contractors or affiliates are named in the action, unless the dispute is covered by the provision in section 23.
29. Miscellaneous. Nothing in this Agreement may be construed as creating the relationship of agency, partnership or joint venture between the parties. Failure by the Registrar to require Registrant to comply with a provision of this agreement does not affect the right of the Registrar to require any provision to be performed at any time thereafter. By completing and submitting this Registration Agreement for consideration and acceptance by the Registrar, the Registrant agrees that he/she has read and agrees to be bound by all of the terms and conditions set forth herein.
ICANN and Registry Terms:
ICANN Registrants Rights and Responsibilities
WEB & EMAIL SERVICE AGREEMENT
1) The term "the Company" refers to DomainIt, Inc (TM) and its assigned operators and employees. The term "the Subscriber" refers to the person or entity who receives Internet Services from DomainIt, Inc whose offices are located in Cincinnati, OH, USA.
2) Virtual servers, Website hosting, E-mail, URL Forwarding/Redirection, DNS and all other services provided by the Company, may only be used for lawful purposes. Transmission or storage of any information, data or material in violation of any US Federal, State or local regulation or law is prohibited. This includes but is not limited to material protected by copyright, trademark, patent, or any other statute and threatening, harmful, obscene or illegal material. Hacking, cracking, phishing, password distribution, pornographic, and warez sites are not permitted. Use of distribution lists via unsolicited E-mail or other mass E-mail services are not permitted. The Company has the right to remove any such material from its servers and/or deactivate/cancel the Subscriber's account(s) upon indication of such activity. The Subscriber agrees to indemnify and hold harmless the Company from any claims or law suits resulting from the Subscriber's use of the service, which damages either the Subscriber or other party or parties.
3) The Subscriber is responsible for adhering to any local, national or international, laws, rules and regulations, present or future, for any service provided by the Company to the Subscriber.
4) Service fees are subject to change and due when the service is ordered. All service renewal fees are due on the expiration date established from the date that the service began and according to the term period established when the service was ordered and initiated by the Subscriber. All payments are to be made in US Dollars($) only. Services with monthly term periods will be processed automatically on the expiration date every month from the date service is initiated by Subscriber, with the credit card or other accepted form of payment which is established as the primary form of payment to be used for these fees. Subscriber agrees to allow these automatic monthly charges to be made with this form of payment. Subscriber agrees that Registrar may charge these fees to an alternate credit card listed in your User Account should the primary form of payment fail. It is the responsibility of the Subscriber to update the Company with new credit card and billing details as necessary.
5) Payments more than 30 days late are considered delinquent, and may be subject to reasonable collection and legal fees as well as interest accrued at 1.5% per month, or the State legal limit, whichever is lower. Returned checks or charge back disputes are subject to a charge of $25.00. If paying by credit card, the Subscriber agrees to pay all billed amounts according to card issuer agreement, unless the Subscriber substitutes another method of payment as allowed by the company. The Company reserves the right, at its discretion, to deactivate/cancel the Subscriber's account(s) upon an indication of credit problems including but not limited to delinquent payments.
6) The Subscriber agrees to pay all applicable taxes, however designated or imposed, based on the sale of Internet services.
7) The Subscriber is prohibited from reselling, leasing or loaning web space, email services or any other DomainIt service from their account(s) to third parties, unless prior permission has been given in writing, by the Company.
8) Internet account(s) cannot be transferred or used by anyone other than the Subscriber. Account(s) which have been transferred to other parties, or if web space is knowingly being used by any party other than the Subscriber, the Subscriber will be liable for the monthly fees involved for each hosted client, and the account(s) will be deactivated/canceled.
9) Account(s) can be deactivated/cancelled at any time by either the Company or the Subscriber. Cancellation requests must be made via an email sent by the Subscriber (from the authorized billing email address of the Subscriber) to firstname.lastname@example.org, or can be made by written and signed notice to the Company at DomainIt, Inc, 9891 Montgomery Road, #225, Cincinnati, OH 45242 USA. Subscriber is responsible for payment of services until formal notice of cancellation has been made and received by the Company, or notice of cancellation is sent by the Company, to the Subscriber's last known billing email address. It is the responsibility of the Subscriber to keep the Company informed of the current email address and to contact the Company when services are no longer needed. Full, partial or pro-rated refunds will not be issued for any services.
10) The Company expressly reserves the right to review every Account for excessive space and bandwidth utilization, and to terminate or apply additional fees to those Accounts that exceed allowed levels or adversely impact use by other customers. The Company also expressly reserves the right to delete all data, files, or other information that is stored in the Subscriber's account(s) if the Subscriber's service with the Company is deactivated, cancelled or terminated for any reason, by either the Company or the Subscriber. The Company also expressly reserves the right to permanently delete any E-mail that is stored in the trash folders of the Subscriber's mailboxes. E-mail may also be deleted at the Company's discretion for any mail accounts that have exceeded the maximum disk space quota assigned to them.
11) The Company maintains control and any ownership of any and all Internet Protocol (IP) network numbers and addresses that may be assigned to the Subscriber and reserves the right at its sole discretion to change, move or remove any and all Internet Protocol (IP) network numbers and addresses.
12) While the Company shall make reasonable efforts to protect and backup data for the Subscriber on a regular basis, the Company is not responsible for loss of, or damaged files residing on the Company's systems. The Subscriber is solely responsible for independent backup of data stored on the Company's systems. A manual service fee of $25 USD will be charged to restore data from the Company's backup systems if available, and by Subscriber request.
13) The Company reserves the right to suspend service to the Subscriber at any time. If such a suspension is to last for more than 30 days, the Subscriber will be notified as to the reason.
14) The Company provides service on an "as is, as available" basis. The Company gives no warranty, expressed or implied for the Internet service provided, or for any information, services or products provided through, in connection with, or located on the computer systems of the Internet service or other services provided by the Company, and the Company hereby expressly disclaims any and all warranties, including without limitation, any warranties as to the availability, accuracy, or content of information, products, or services; and any warranties of merchant ability and of fitness for a particular purpose.
15) Limited liability: Any liability of the Company, including without limitation, any liabilities for damages caused or allegedly caused by any failure of performance, error, omission, interruption, privacy, deletion, defect, delay in operation or transmission, communications line failure, loss in income due to disruption of service, theft or destruction of or unauthorized access to, alteration of, or use of records, whether for breach of contract, negligence, or under any other cause of action, will be strictly limited to the amount paid by, or on behalf of the Subscriber to the Company for the current month.
16) These Terms and Conditions supersede any and all previous representations, agreements or understandings and shall prevail notwithstanding any variance with terms and conditions of any order submitted. Company reserves the right to modify the terms and conditions of the agreement.
17) By submitting an order for service or authorizing submission on the Company website (www.domainit.com), or by using service provided by the Company, the Subscriber agrees to accept these terms and intends to be contractually bound by the terms and conditions set forth herein.