PHEENIX TERMS OF SERVICE AGREEMENT

This Terms of Service Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related services ("Services") accessible through this website ("Site"). In this Agreement "you" and "your" refer to you and the registrant listed in the WHOIS contact information for the domain name. "We", "us" and "our" refer to Pheenix, Inc. and any associated registrars (collectively, the "Company"), any of which will be the registrar for your domain name and all of which share common ownership, common terms and conditions, and a shared Services infrastructure. This Agreement explains the mutual obligations between you and the Company based upon your purchase and/or use of Services through and from the Company.

YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the Uniform Domain-Name Dispute-Resolution Policy ("UDRP") (defined below) and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.

  1. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. We may, in our sole and absolute discretion, change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site.  Your continued use of the Site or Services following the posting of any changes to this Agreement constitutes your binding acceptance of those changes.

 

  1. REGISTRANT RIGHTS AND RESPONSIBILITIES
    1. ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities, accessible at http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.

 

  1. YOUR ACCOUNT: You must create an account to use the Services ("Account"). You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your Account by you or any third party.

 

    1. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
      1. You, the Registrant, agree to provide and maintain current, complete and accurate information of the Whois Record and all the data elements relating to your domain name(s), and update them within seven (7) days of any change during the term of the Services, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation. You agree that provision of inaccurate or unreliable information, and/or your failure to promptly update information provided to Company within seven (7) days of any change, or its failure to respond for over seven (7) days to inquiries by Company to the email address your provided Company, or any other contact listed for the Company's database concerning the accuracy of contact information associated with the Services shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting the Services.
      2. If you intends to license use of a domain name to a third party or a privacy/proxy service, you are nonetheless the Registered Name holder of record and are responsible for
        1. providing the domain name's own complete contact information and for;
        2. .providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name
      3. If you license use of the registered domain name according to this provision, you shall accept liability for harm caused by wrongful use of the registered domain name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the registrant reasonable evidence of actionable harm.

 

 

      1. You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

 

    1. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
      1. If, in obtaining Services, you provide information about or on behalf of a third party, you 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) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
      2. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful purpose, including but not limited to the infringement of any intellectual property right, the unauthorized transfer to yourself or any other party of any domain name or Services, or the violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate information, failing to immediately update information or engaging in any Illegal Uses will constitute an incurable material breach of this Agreement. Your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of Account and WHOIS contact information shall constitute an incurable material breach of this Agreement.
      3. You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.

 

    1. ACCESSING YOUR ACCOUNT:
      1. In order to change any of your Account or domain name WHOIS information, you must access your Account with us. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
      2. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 15 BELOW IN THIS AGREEMENT.
      3. If you contact us alleging that a third party has unauthorized access to your Account or domain names, we may charge you administrative fees for our time spent in relation to the matter, regardless of whether or not we return control over the Account and/or domain name(s) to you. You will indemnify us for any reasonable attorneys fees and costs we may incur in relation to the matter, even if those fees and costs accrue as a result of defending an action, or responding to a threat of an action, initiated by You or a third party.

 

    1. SHARING OF WHOIS INFORMATION:
      1. We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us.
      2. ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.

 

    1. VERIFIED ACCOUNTS:
      1. You may become a Verified Account Holder by providing us authentication materials. Pheenix may require that you provide a true and correct copy of your driver's license, government photo identification, passport, social security number, utility bill with current residential address, and/or a notarized affidavit verifying your identity. In addition, Pheenix may require video authentication. Based upon a review of the requested materials, Pheenix, at its sole discretion, will determine your eligibility as a Verified Account Holder.

 

  1. OUR SERVICES:

 

    1. DOMAIN NAME REGISTRATION.
      1. We are accredited registrars with ICANN for generic Top Level Domain Names ("gTLDs") (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. We also are registrars for a variety of country code Top Level Domains ("ccTLDs") (such as .co.uk, .de, etc.). For a partial list of registry administrators and for more information on gTLDs, see http://www.icann.org/tlds/. Domain name registrations are not effective until the registry administrator puts them into effect. Domain name registrations are only for limited terms that end on the expiration date. For domain names that are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations that were not returned to the pool of available domain names, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry.
      2. We are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You acknowledge that domain name registration is a service, domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, domain name registration services do not create a property interest and you have no such property interest in any domain name(s) which you may register with us.

 

    1. DOMAIN NAME MARKETPLACE.
      1. We provide a venue for notifying third parties of the availability of currently-registered, recently-expired, or recently-released domain names for sale.  While some processes may occur in an auction style format or operate with the label "Auction" or "Online Auction", we are not an auctioneer, auction house, or an escrow agent.
      2. You must have an Account in order to participate in any Domain Name Marketplace transaction.  You agree to thoroughly, accurately, and honestly complete all forms and requests for information to us. You understand and agree that we will not be responsible for any false or misleading information you provide, whether intentionally or unintentionally.
      3. We allow you to place a listing in our Domain Name Marketplace area as a means of advertising on your behalf that your domain name is available for sale to third parties ("Listing Transaction"). 
      4. You understand and agree that you are participating in a Listing Transaction by either (1) placing a listing in the Domain Name Marketplace as a seller on behalf of Yourself or a third party ("Seller"); (2) purchasing a domain name vis-a-vis the Marketplace on behalf of yourself or a third party ("Buyer"); or (3) participating in communications and/or negotiations for the sale or purchase of a domain name in the Domain Name Marketplace, whether or not such activities result in a completed sale or purchase ("Interested Party" or "Bidder").  By participating in a Listing Transaction, you agree to abide by the terms and conditions set forth in this Agreement.  You further agree to pay any and all required fees to us.
      5. You have the ability to place, edit, and remove listings in the Domain Name Marketplace via your Account. We will not place listings on your behalf.  You understand and agree that you are solely responsible and liable for any domains placed into the Domain Name Marketplace from your Account, whether such placement is intentional or unintentional.  By placing a listing, you represent and warrant that: (i) You have all rights, titles, and interests in the domain name as necessary to complete the Listing Transaction; (ii) the domain name does not infringe upon the intellectual property rights of any third party; (iii) you are able to transfer the domain name in accordance with your obligations under this Agreement; and, (iv) the domain name is not currently, and will not in the reasonably foreseeable future be, the subject of a UDRP dispute, administrative proceeding, or any criminal or civil litigation of any kind.
      6. You understand and agree that transfer of the domain name to the Buyer's account may be completed before we have received timely and valid payment. You further understand and agree that the transfer by us of any such domain name is done without warranty, and we expressly disclaim any and all warranties or representations that the transferred domain name does not infringe upon the intellectual property rights of any third party, or that the transferred domain name has any particular amount of time remaining on its term of registration. 
      7. You understand and agree that, if you buy a domain name by participating in a Listing Transaction ("Domain Sale"), a "buy" lock will be placed on the domain name for sixty (60) days, which prohibits transfer of the domain name to another account or another registrar.  You understand and agree that, if you sell a domain name by participating in a Domain Sale, you will receive payment for the domain name in the form of account credit, minus any transaction fees charged by us. By participating in a Domain Sale, you understand and agree that we, without liability to you or any third party, may suspend, delete, cancel, interrupt, reverse or otherwise undo a Domain Sale by reversing payment, deleting account credit, moving a domain name back into a Seller's account or into a separate holding account, or by taking any other action it deems necessary in its sole discretion in the event of dispute, fraud, abuse, mistake, error, or any other circumstances that we determine in our sole discretion to necessitate the interruption or reversal of a Domain Sale transaction.
      8. You understand and agree that although some listings may state that the Seller is selling the website in addition to the domain name, and although the amount of money we and you receive as payment in a Domain Sale may have the effect of constituting payment for both the domain name and the website, we have no control over, will not and cannot transfer possession of, any service, product, property, intellectual property or anything else other than a domain name.
      9. Sellers may withdraw listings at any time for any reason by changing the domain settings within their Account unless the domain name is in auction.  In addition, listings may terminate if a domain name is disabled, suspended, or removed from the Seller's customer account for any reason, including but not limited to pushing the domain to another account, transferring the domain to another registrar, or expiration of the domain.
      10. Once the Domain Sale is complete, normal terms and conditions of domain name registrations as set forth elsewhere in this Agreement apply.  You acknowledge and agree that the term of registration is whatever period remains on the Seller's initial registration term at the time of the Listing Transaction.  You understand and agree that you may extend the domain name registration term by renewing the domain pursuant to the terms set forth in this Agreement.
      11. In the event of a dispute concerning, relating to, or arising out of a Listing Transaction or Domain Sale, you understand and agree that we shall not participate in any such dispute, and you agree not to name us as a party to any lawsuit, administrative proceeding or criminal investigation.
      12. Pheenix and its partners, subsidiaries, and affiliate companies may place bids on domain name listings in the Domain Name Marketplace and/or Auctions.

 

    1. DOMAIN NAME BACKORDERING.

                                                        i.            We provide a venue for third-parties to request a backorder for currently registered domain names.  While some processes may occur in an auction style format or operate with the label "Auction" or "Online Auction", we are not an auctioneer, auction house, or an escrow agent.

      1. We can acquire a registered domain name that subsequently becomes or is made available for public registration. There is no initial fee for placing a backorder request, and you will only be charged if the Company is successful in securing an ordered domain name on your behalf. If a backordered domain name that is sought via the Services becomes available for public registration due to any circumstance, we will make commercially reasonable efforts to acquire the domain name and register it through its own registrar, or one of its registrar partners on your behalf.
      2. We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be registered upon its deletion by the applicable registry operator. To maximize your chances of getting the domain name you want, we use a network of many registrars, in addition to our registrars, to attempt to acquire domain names. The domain name you backorder may therefore be registered through a registrar other than one of our registrars.
      3. If we register a domain name in response to your backorder request, you acknowledge that the duration of the initial domain name registration term may vary slightly depending on the method used fulfill your order. If the domain was registered to you after deletion from a domain registry, the registration term will be for 365 days from the date of acquisition. If the domain did not go through deletion but rather was registered to you via a registrar transfer, the registration term will be for 365 days from the date of expiration listed in the WHOIS for that domain.
      4. In order to assist you in identifying and determining the status of domain names you may wish to order, we may offer on our website WHOIS look-up services, in addition to services that provide information on names that are about to or have already expired, are about to be deleted, or have just been made available to the public for registration via our site. Information about the status of a domain name is offered on a commercially reasonable basis, and to our knowledge, no entity is able to reliably offer complete and real-time information on the status of a domain name during the time just before or soon after its deletion by the registry. You should always attempt to obtain independent confirmation of a domain name's status by performing a WHOIS look-up, found on the website of any ICANN-accredited registrar, including our website, prior to placing an order.
      5. Unless you specify nameservers that should be assigned to the ordered domain name upon its registration, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements.
      6. In the event that we successfully obtains registration rights for the selected domain name, and if there are no other backorder request for the selected domain name, you agree to pay any and all required fees to us immediately after the selected domain name has been registered.  Valid payment must be received within forty-eight (48) hours from the date of the selected domain name's registration ("Payment Deadline").  You understand and agree that you bear the sole responsibility for making timely and valid payment, and that we disclaim any responsibility for failed or un-received payment, regardless of reason or fault.  In the event that we do not receive your timely and valid payment by the Payment Deadline, you will immediately lose the right to purchase the domain.  
      7. In the event that we obtain registration rights for a requested domain name, and if there are two or more backorder requests by multiple parties for the same domain name (hereinafter, "Backordering Bidders"), you understand and agree that an auction will commence immediately after we have obtained the registration rights for the domain name.  You understand and agree that the auction will be Public ("Public Auction").  You also understand and agree that participation for these Public Auctions is open to third-parties ("Third-Party Bidders"), and participation is not limited to those parties who have submitted backorder requests for the selected domain name ahead of time. You acknowledge and agree that we shall have no liability to you for failing to submit a backorder request prior to the release of the selected domain name.
      8. You understand and agree that you may specify a maximum amount that you are willing to bid on a domain, and that our system will automatically increase your bid amount by the minimum bid increment each time another bidder places a bid, so that you remain the high bidder, up to your maximum amount ("Proxy Bidding").  You acknowledge and agree that all Proxy Bids are final and irreversible, and that you may not lower your maximum bid amount, or cancel the Proxy Bid, except under extenuating circumstances as determined in our sole discretion.  However, you may increase your maximum bid amount by placing a new Proxy Bid.  If more than one bidder specifies identical maximum bid amounts, the bid processed earlier in time, as determined by our system, prevails. We may set a reserve price for the domain name. If the parties do not place an offer that meets the reserve price, the domain name may be retained by us, deleted or otherwise disposed of by us as we see fit in our sole discretion.
      9. In the event that we successfully obtain registration rights for the selected domain name, and if there are two or more backorder requests for the selected domain name, a Public Auction will commence.  For all completed Public Auctions, and if you are the winning bidder as determined by us our its sole discretion ("First Place Winner"), valid payment must be received within the Payment Deadline. You understand and agree that you bear the sole responsibility for making timely and valid payment, and that we disclaim any responsibility for failed or un-received payment, regardless of reason or fault.  In the event that we do not receive your timely and valid payment by the Payment Deadline, You will immediately lose the right to purchase the domain.  The party who placed the next highest auction bid as determined by us in our sole discretion ("Second Place Winner"), then has the right to purchase the domain.  If you are the Second Place Winner, valid payment must be received within twenty-four (24) hours from the end of the First Place Winner's Payment Deadline.   You understand and agree that you bear the sole responsibility for making timely and valid payment, and that we disclaim any responsibility for failed or un-received payment, regardless of reason or fault.  In the event that we do not receive your timely and valid payment, you will immediately lose the right to purchase the domain.
      10. Backordering Bidders placing a winning bid will make payment pursuant to Section 4(c)(x) above. Third-Party Bidders placing a winning bid will make payment pursuant to Section 4(c)(x) above, plus an additional public auction fee, which shall be determined by Pheenix and may be subject to change without notice.
      11. You understand and agree that transfer of ownership will not be completed until (i) we have received your timely and valid payment, and (ii) upon the termination of the Public Auction, should any Public Auction be held for the selected domain name.  You further understand and agree that the transfer by us of any backordered domain name to a winning bidder is done without warranty, and we expressly disclaims any and all warranties or representations that the backordered domain name does not infringe upon the intellectual property rights of any third party.
      12. Once you have received use, possession, and/or control over the domain you have purchased through our domain name backordering system, normal terms and conditions of domain name registrations as set forth elsewhere in this Agreement apply.   You acknowledge and agree that the term of the registration is whatever period is so stated in Section 4(c)(iv), or as stated in your Account.
      13. All Domain Sales are final, irreversible, non-refundable, and ineligible for account credit.
      14. Not all domain extensions are available for backordering.
      15. Pheenix and its partners, subsidiaries, and affiliate companies may place a backorder on a domain name (hereinafter, a "Corporate Backorder").
      16. The provisions of this section are subject to Section 4(d) below.

 

    1. BACKORDER PRIORITY.
      1. Customers may place a Gold Backorder and a Super Saver Backorder at http://www.pheenix.com and http://www.pheenix.cn.
      2. The cost to place a Super Saver Backorder may be lower than the cost to place a Gold Backorder, however, the costs may be changed at anytime by us without notice, and the costs are subject to the provisions of Section 6 below.
      3. If there is a Gold Backorder and a Super Saver Backorder on the same domain name, the Gold Backorder will be given priority to register the domain name.
      4. If there are multiple Super Saver Backorders, and no Gold Backorders, on the same domain name, the provisions of Section 4(c) above will apply to determine which Super Saver Backorder receives registration priority.
      5. A Corporate Backorder will be given the same backorder priority as a Gold Backorder pursuant to Sections 4(d)(i)-(iv) above.

 

    1. BACKORDER CREDITS.
      1. We may offer the ability for customers to pre-purchase backorder credits for a discounted price (hereinafter, a "Backorder Credit"). In the event that you place a backorder, the Backorder Credit will automatically be applied to your registrant account if the backorder request is successful.
      2. Backorder Credits are non-refundable, and must be fully paid for at the time of purchase.
      3. Backorder Credits are non-transferrable, and may be used only by the user account associated with the purchase of the Backorder Credit. Users having multiple registrar accounts with us cannot use a Backorder Credit for an account not associated with the purchase of that Backorder Credit.
      4. Only one Backorder Credit may be used for each domain name backorder that is subsequently purchased.
      5. Backorder Credits can only be applied to future backorder purchases, and cannot be applied toward backorder purchases made prior to the purchase of the Backorder Credit.
      6. We reserve the right to modify the Backorder Credit pricing and terms, at our sole discretion, and we reserve the right to discontinue offering Backorder Credits without any notice.

 

    1. PHEENIX POINTSTM
      1. You can accumulate Pheenix Points for every dollar ($) that you spend with us. Points are accrued on one-to-one basis, and spent dollars are rounded to the nearest dollar (i.e., $1.50 is rounded to 2 points, and $1.49 is rounded to 1 point).
      2. Pheenix Points do not necessarily equate to the same purchasing power as dollars, and the purchasing power of one Pheenix Point against may fluctuate. We reserve the right to modify the Pheenix Point-to-dollar ratio at our sole discretion. For example, purchasing a backorder may cost $18.95, or the backorder may be purchased by using 2,000 Pheenix Points.
      3. Pheenix Points have no monetary value, and cannot be redeemed for cash value.
      4. Pheenix Points are non-transferrable, and may be used only by the user account that accrued the Pheenix Points. Users having multiple registrar accounts with us cannot transfer Pheenix Points between different registrar accounts.
      5. Purchases made using Pheenix Points are not eligible to accrue Pheenix Points.

 

    1. WHOIS PRIVACY PROTECTION.
      1. We offer through WHOIS privacy protection services viaWHOISPrivacyShield.org. By using the WHOIS privacy protection services offered by us, you agree to all terms and conditions of this Agreement, as well as the terms and conditions of WHOISPrivacyShield.org located at http://whoisprivacyshield.org/terms-and-conditions/ .

 

    1. NOT INCLUDED IN THE SERVICES:
      1. We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.
      2. We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP. We will not delay implementation of a UDRP Panel decision based solely on your informing us that you intend to contest the decision.

 

  1. REGISTRATION REQUIREMENTS FOR CERTAIN ccTLDs and nGTLDs

a.      .CN Registration Requirements

      1. As .CN is a restricted top-level domain, you are required to undergo both a domain name check and a real name verification process as required by the People's Republic of China.
      2. If a .CN domain name is not permitted to be registered by the People's Republic of China, as determined by us, the .CN Registry Operator, or any authorized third-party responsible for making such determinations, you application for registration will be unsuccessful and the domain name will be deleted, and you will be entitled to a refund of registration fees.
      3. If a .CN domain name is permitted to be registered by the People's Republic of China, the domain name may not be activated for resolution on the Internet until you have submitted valid documents required by the .CN Registry Operator to perform a verification of your real name. The following documents may be acceptable forms of identification that you can submit:
      4.  

        1.      China: Resident ID, temporary resident ID, business license or organization code certificate

        2.      Hong Kong/Macau: Resident ID, driver's license, passport or business license

        3.      Singapore: Driver's license, passport or business license

        4.      Taiwan: Resident ID, driver's license or business license

        5.      Other Countries/Regions: Driver's license or passport

         

      5. Documents you provide to us may be shared with the .CN Registry Operator for the purpose of real name verification, and are otherwise subject to our Privacy Policy.

 

b.      .DE Registration Requirements

      1. .DE domain name registration is subject to a local presence requirement. The Registrant or Administrative Contact for a .DE domain must reside in Germany. Please note that a P.O. Box does not satisfy the local presence requirement.
      2. The .DE Registry Operator requires that the domain name has two active name servers, which must be active at the time of registration, and which must be on different subnets (i.e., different class-C networks). If you cannot provide two active name servers at the time of registration, your order may still process and complete, however there will be a 30-day window in which you must update your name servers. If you fail to do so within this time frame, the .DE Registry Operator will delete the domain name, and refunds will not be given. The name servers associated with the domain name at the time of the order cannot be changed during the 30-day window.

 

c.      .EU Registration Requirements

      1. .EU domain name registration is limited to individuals and companies with a connection to a European Union member state. Registration is subject to meeting the following eligibility criteria:
      2.  

        1.      Undertakings should have their registered office, central administration or principal place of business within the European Community.

        2.      Organizations established within the European Community without prejudice to the application of the national law.

        3.      Natural persons residing within the European Community.

         

      3. The following .EU domain names have been reserved for use by either the European Union institutions, one of the European Union member states, EEA countries, countries in the EU accession phase or EURid (the .EU registry):
      4.  

        1.      eurid.eu

        2.      registry.eu

        3.      nic.eu

        3.      dns.eu

        3.      internic.eu

        3.      whois.eu

        3.      das.eu

        3.      coc.eu

         

 

d.      .FR Registration Requirements

      1. .FR domain name registration requires that the registrant (both an individual or legal entity) either resides or has its headquarters or principal place of business in Europe or within the territories of Iceland, Liechtenstein, Norway, or Switzerland.
      2. Please note that the .FR Registry does not require documentary proof of the above information at the time of registration, but if requested you will need to provide documentary proof within two weeks of the domain being registered; failure to do so could result in your domain names(s) being cancelled.
      3. For companies, either a valid Trademark or SIREN/SIRET number is required.

 

e.      .IT Registration Requirements

      1. .IT domain name registration requires that the administrative contact be a resident of a European Union member state.
      2. If the registrant is a legal entity, then a VAT (Value Added Tax) number is required.
      3. If the owner of the domain is an individual, then a birth date and place of birth is required, as well as a national identity document, passport, or driver's license copy.
      4. The DNS servers used must be configured in advance.

 

f.      .UK and .CO.UK Registration Requirements

      1. Note that registrants who own an existing co.uk, org.uk, me.uk, net.uk, plc.uk or ltd.uk registered prior to Oct. 29, 2013 will have their .UK domain name reserved for free up until June 10, 2019, as long as the existing domain name remains registered.
      2. .UK domain name registration required a postal address in the United Kingdom (i.e., within Great Britain, Guernsey, Jersey, or Isle of Man). Please note that a P.O. Box does not satisfy the local presence requirement, as it formerly allowed for .CO.UK domain name registration.
      3. .UK domain name registrations are subject to Nominet's Terms and Conditions which can be found at http://www.nominet.uk/go/terms.

 

g.      .US Registration Requirements

      1. .US domain name registration is subject to a nexus requirement, whereby registrants must be either:
      2.  

        1.      A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1],

        2.      A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States) [Nexus Category 2], or

        2.      3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3].

 

h.      .MOBI Registration Requirements

      1. There are no specific requirements to register a .MOBI domain name. Everyone can register .MOBI domain names. However, the .MOBI Registry regularly audits all .MOBI sites to ensure .MOBI compliance. Compliance ensures that the site has been optimized for display on mobile devices. Mandatory requirements for building a .MOBI website are as follows:
      2.  

        1.      Must use XHTML Mobile Profile 1.0 as the default for the landing page

        2.      Cannot use frames

        3.      Site must be present on second level

         

      3. Any non-compliant .MOBI domain names will have 60 days to become compliant. If a domain fails to comply within 60 days, the Registry will remove the domain from the zone file and the site will no longer resolve.
      4.  

 

i.      .BIZ Registration Requirements

      1. .BIZ domain names are subject to the following restrictions per ICANN:
      2.  

        1.      Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes;

        2.      Registrations in the .biz TLD must comply with the Uniform Dispute Resolution Policy ("UDRP"), as adopted and as may be amended by the Internet Corporation of Assigned Names and Numbers.

         

      3. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
      4.  

        1.      To exchange goods, services, or property of any kind;

        2.      In the ordinary course of trade or business; or

        2.      To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

         

      5. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name. For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
      6.  

        1.      Using or intending to use the domain name exclusively for personal, noncommercial purposes; or

        2.      Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering xxxsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);

        2.      Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

         

 

b.      .MN Registration Requirements

      1. .MN domain name registrations are subject to the Registry's Terms and Conditions which can be found at http://www.domain.mn.

 

b.      .BZ Registration Requirements

      1. .BZ domain name registrations are subject to the Registry's Terms and Conditions which can be found at http://www.belizenic.bz.

 

b.      .LC Registration Requirements

      1. .LC domain name registrations are subject to the Registry's Terms and Conditions which can be found at http://www.nic.lc/rules.htm.

 

b.      .SC Registration Requirements

      1. .SC domain name registrations are subject to the Registry's Terms and Conditions which can be found at http://www.nic.sc.

 

b.      .VC Registration Requirements

      1. .VC domain name registrations are subject to the Registry's Terms and Conditions which can be found at http://www.afilias-grs.info.

 

  1. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
    1. We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over ten (10) calendar days, or (vii) if your use of the Services involves us in a violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation of any copyright.
    2. You agree that your registration of domain names and use of the Services shall be subject to suspension, cancellation, or transfer pursuant to any terms and conditions, standards, policies, procedures, and practices adopted by Company, ICANN, and the Registry, (1) to correct mistakes by you or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name and/or the Services.
    3. If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services that are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. No fee refund will be made when there is a suspension or termination of Services for cause.
    4. At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
    5. Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure now in affect or which may come into affect at a later date, by any registrar or registry administrator procedures approved by an ICANN-adopted policy or any policy adopted by any ccTLD registry or governing body, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name or as a result of any government decree, rule, law or regulation.
    6. We do not tolerate the operation of phishing or spamming from our web servers. We actively track traffic on our systems, and we encourage any parties that suspect abuse to notify our complaint department via email at abuse@pheenix.com.
    7. If we determine that your Account is being used in association with phishing, spamming, or other fraudulent or malicious activities (collectively, "Fraudulent Activities") (as determined by us in our sole and absolute discretion), we expressly reserve the right to transfer to our control, deny, cancel, terminate, suspend, re-direct, or lock your Account (including the right to cancel, or transfer to our control, any domain name registration therein).
    8. If we transfer to our control, deny, cancel, terminate, suspend, re-direct, or lock your Account, we will charge you a non-refundable re-activation fee if you desire for us to restore your Account. You will be required to confirm in writing that you will cease the Fraudulent Activities before we restore your Account.

 

  1. FEES: You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees as determined by us. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

 

  1. PAYMENT ISSUES: In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or non-payment in connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with us and all interests in and use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems may be assumed by us, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fees and our then-current reinstatement fee.

 

  1. CRYPTOCURRENCY CHARGEBACKS: In the event that you make a payment of fees for any Services via any cryptocurrency (including, but not limited to, BitcoinTM), we, in our sole discretion, can issue a full or partial chargeback to you in the number of Bitcoins paid within thirty (30) days.

 

  1. EXPIRATION AND RENEWAL OF SERVICES:
    1. It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire and to maintain current and accurate credit card information should any Services be placed on "auto-renew." We will notify you when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note: for certain TLDs, the automatic renewal option is not available.
    2. If your domain name is registered with any Pheenix-affiliated or owned (in whole or in part) registrar, but not specifically with the Pheenix registrar, then the domain name will be transferred to the Pheenix registrar if you opt to renew the domain name registration with us. You consent to Pheenix transferring your domain name to the Pheenix registrar if you choose to renew your domain name registration services with us (hereinafter, the "Renewed Domain Name"). You also consent for Pheenix to temporarily be the registrant of the Renewed Domain Name in order to faciliate the transfer. You understand and acknowledge that per the ICANN Inter-Registrar Transfer Policy, you will not be able to transfer the Renewed Domain Name to another registrar within the first sixty (60) days after we transfer the Renewed Domain Name to the Pheenix registrar.

 

  1. EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
    1. Renewal Grace Period. If you fail to renew the expired domain name prior to its expiration date, Pheenix provides a Renewal Grace Period of thirty (30) days from the expiration date where the expired domain name registration may be renewed. During the Renewal Grace Period, you may renew the expired domain name for a renewal fee plus any registration fees that may also be due. Our current list of fees can be found at https://www.pheenix.com/fees.php. You assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. The Renewal Grace Period is subject to change under the terms of this Agreement.
    2. After the Renewal Grace Period, if you have not exercised your rights under the provisions of Paragraph 10(a), you have abandoned the domain name services, and relinquish all interests and use of the expired domain name. At this time, we may delete the expired domain name, transfer the expired domain name to any third-party, sell the expired domain name, auction the expired domain name, refuse to restore the expired domain name to you, and otherwise exercise complete authority, ownership, control, and use of the expired domain name.
    3. Redemption Grace Period. If we delete the expired domain name, the registry may provide a thirty (30) day Redemption Grace Period during which you may pay us a redemption fee and redeem the expired domain name. If you do not redeem your expired domain name prior to the end of the Redemption Grace Period the registry will release the expired domain name. It will then become available for registration on a first-come-first-served basis to the public.
    4. Any notices in accordance with ICANN's Expired Domain Deletion Policy located at https://www.icann.org/resources/pages/registars/accreditation/eddp-en given under this Agreement by us to you will be deemed to have been given if delivered via the email address you provided in accordance with the Account and/or domain name WHOIS information.

 

  1. TRANSFERS:
    1. Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP as described in Section 17 of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
    2. We may place a "Registrar Lock" on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.

 

  1. OWNERSHIP OF INFORMATION AND DATA:
    1. We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
    2. Company shall provide notice to each new or renewed Registered Name Holder stating:
      1. The purposes for which any Personal Data collected from you are intended;
      2. The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from the Registry Operator);
      3. Which data are obligatory and which data, if any, are voluntary and how you or data subject can access and, if necessary, rectify the data held about them.
    3. Company will not process the Personal Data collected from the Registered Name holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name holder.
    4. Company will take reasonable precautions to protect Personal Data provided by the Registered Name holder from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

 

  1. AGENTS AND LICENSES:
    1. If you are using the Services for or on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights.
    2. You acknowledge that all communication about the Services will be only done with the Customer or the Resellers of the Services. Company is not required to, and may not directly communicate with you during the entire term of the Services.

 

  1. INTELLECTUAL PROPERTY

a.      OWNERSHIP OF INTELLECTUAL PROPERTY

      1. Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
      2. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
      3. You shall further ensure that you do not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. You acknowledge that Company cannot and does not check to see whether any service or the use of the services by you under this Agreement, infringes legal rights of others.
    1. TRADEMARK COMPLAINTS
      1. We respect the intellectual property rights of others. If you are the owner of a registered trademark that you believe is being infringed upon in a website hosted by Company, you may submit a trademark infringement complaint to us via email at abuse@pheenix.com. These complaints may only be submitted by registered trademark owners or agents authorized to act on the owners' behalf.  Please include the following information, and include the term "Trademark Complaint" in the subject line of your email:

 

1.      Your name, address, telephone number, and email address.

2.      Your relationship to the trademark owner (owner of trademark, legal representative, agent, etc.).

3.      Your trademarked word or symbol.

4.      Registration number and jurisdiction of registration.

5.      Date of registration.

6.      A true and correct copy of the registration certificate.

7.      The domain name hosted/registered by Company that you believe is infringing your trademark.

8.      A description and screenshot of the infringing content and how you believe it is infringing.

9.      Signed and dated statement that you believe in good faith that the identified domain name/content is infringing your trademark.

 

                                                      ii.            Upon receipt of a valid complaint as described above, Company will initiate an internal investigation, and may provide written notice to the alleged infringing party. If Company concludes that the trademark complaint has merits, then Company, at its sole discretion, and in an effort to protect its legal interests, may temporarily remove the allegedly infringing content, instruct the domain owner to remove the allegedly infringing content, redirect the DNS of the domain name hosting the allegedly infringing content, or deny access to the domain name hosting the allegedly infringing content.

 

                                                    iii.            It is Company's policy to terminate, when deemed appropriate at the sole discretion of Company, Company's customers and account holders who repeatedly violate this policy or are repeat infringers of others' trademarks.

 

  1. SERVICE LEVEL AGREEMENT
    1. If you become aware of a service failure, outage, or connectivity issue ("Service Issue"), you may open a ticket with us by emailing Pheenix Support at support@pheenix.com. We will provide an acknowledgement within seventy-two (72) hours after receiving your ticket indicating (1) in our reasonable commercial judgment that a Service Issue event did or did not occur; and (2) a status on a resolution if a Service Issue did in fact occur.
    2. Although most Service Issues may be resolved by contacting Pheenix Support, should you wish to make an escalated ticket about our services, you may contact Escalated Pheenix Support by emailing super@pheenix.com. We will provide an acknowledgement within seventy-two hours (72) hours after receiving your escalated ticket.

 

  1. LIMITATION OF LIABILITY
    1. WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN THE AMOUNT YOU PAID US FOR ANY SERVICES, OR $400.00 USD, WHICHEVER IS LESSER. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

 

  1. INDEMNITY
    1. You hereby release, indemnify, and hold us, ICANN, and the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our or ICANN's operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
    2. You shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the your domain name registration and/or use of the Services.

 

 

  1. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE 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 FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

 

  1. DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all Supplemental Rules of any UDRP provider. The UDRP may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. 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 of the UDRP. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.

 

  1. GOVERNING LAW AND JURISDICTION FOR DISPUTES:
    1. Except as otherwise set forth in the UDRP or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of California, as if the Agreement was a contract wholly entered into and wholly performed within the State of California.
    2. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in Los Angeles, California, before one arbitrator. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
    3. In the event arbitration is unsuccessful for the adjudication of disputes concerning or arising from use of the Service and/or this Agreement, you submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the your domicile as listed on the WHOIS record and/or your account information, and (2) Los Angeles County, California, where Company is located.
    4. Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Los Angeles, California.

 

  1. NOTICES AND COMMUNICATION: Any notices required to be given under this Agreement by us to you will be provided in English, and deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided. Any communication by us to you will only be given in English, and we are not obligated to provide support, assistance, or any communication in any languages other than English.

 

  1. GENERAL:This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.