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Dynadot Service Agreement Version
3.1 Effective
December 1, 2007 INTRODUCTION This is an Agreement between "You" and
Dynadot, LLC ("Dynadot") (formerly INamePro, LLC), a California
limited liability corporation. In this Service Agreement
("Agreement"), "You" and "Your" shall refer to
Yourself as the customer and Your agents, including each person listed in Your
account information as being associated with Your account, while
"we", "us" and "our" refer collectively to
Dynadot. This Agreement explains the mutual obligations between You and Dynadot
based upon Your purchase of services through Dynadot. By purchasing a service
through Dynadot, You agree to establish an account with us and to be bound by
the terms of this Agreement for transactions entered into by You or on Your
behalf by anyone acting as Your agent. You also agree to be bound by the terms
of this Agreement for transactions entered into by anyone who uses Your account
with Dynadot, whether or not the transactions were on Your behalf and whether
or not the transactions were with Your permission. You agree that Dynadot's
acceptance of any registration, application and/or transaction request made by
You for services or products provided by Dynadot will occur in San Mateo,
California, USA. PART
1: GENERAL PROVISIONS 1.
FEES
& PAYMENT. As consideration for the services and products
("services") You purchase from Dynadot, You agree to pay Dynadot the
applicable fees set forth on our web site at the time of Your purchase, or, if
applicable, upon receipt of Your invoice from Dynadot. You agree to pay Dynadot
at the time service is provided. You agree that all payments of fees for
Dynadot services shall be made in United States dollars. You agree to pay all fees by providing
a valid credit card or PayPal account information for immediate charge by
Dynadot, or by immediately mailing a valid check to the address stated on our
web site. You agree that all fees are due immediately and are non-refundable,
except as otherwise expressly stated in this Agreement. You acknowledge that
You have the option to "pre-pay" for Dynadot services, by depositing
funds using one of the above-described payment methods, for use as account
credit in the purchase of Dynadot services. You agree that any and all account credits and/or
"pre-payments" shall be non-refundable and shall not be redeemed for
cash, except as otherwise expressly stated in this Agreement. If for any reason Dynadot is unable to
charge Your credit card, debit Your PayPal account, cash Your check, or draw
from Your account credit, for the full amount You owe to Dynadot for the
services provided by Dynadot, You agree that Dynadot may pursue any and all
available remedies in order to enforce payment, including, but not limited to,
immediate cancellation without notice to You of any service provided by Dynadot
to You. You understand and agree
that Dynadot will charge You a fee for any bounced check. The fee for a bounced check is
currently $20 and is subject to change under this Agreement, as specified on
our website, or as specified in our notices to You at the time of handling Your
bounced check. You agree that
Dynadot reserves the right to charge You, by charging to the credit card or
PayPal account You have on file with Dynadot or by sending You an invoice, additional
service fees for administrative services above and beyond the scope of customer
service issues ordinarily and reasonably handled by email, or for handling
disputes that require legal services. 2.
TERM
OF AGREEMENT. The term of this Agreement shall continue in
full force and effect as long as You have any customer account with Dynadot. 3.
TERM
OF SERVICE; RENEWAL OF SERVICES. Unless otherwise specified on our web site or
herein, each Dynadot service is for a one-year initial term, and is renewable
thereafter for successive one to ten-year terms, as set forth during the
renewal process or on our web site.
Any renewal of Your services with Dynadot is subject to our
then-prevailing terms and conditions.
You acknowledge and agree that the renewal price may be higher or lower
than the price You paid for the then-current term of service. You acknowledge that it is Your sole
responsibility to keep Your own records and to maintain Your own reminders
regarding when Your services are set to expire. As a convenience to you, and not as a binding commitment,
Dynadot may notify You via an email message or via Your account when renewal
fees are due. If for any reason
You do not complete timely payment of fees in connection with Your renewal
transaction, Your services will expire or be cancelled. If You select automatic renewal of Your
services, Dynadot may attempt to renew the services a reasonable time before
expiration, for a term equivalent to Your original registration, at our
then-current prices, provided Your payment information is available and up to
date. If, for any reason
whatsoever, Dynadot is unable to successfully process any automatic renewal
transaction, and You fail to remedy the problem, Your services will
expire. You agree that You are
solely responsible for the payment information You provide to Dynadot and must
promptly notify Dynadot of any changes or updates to Your payment information
(e.g., change of expiration date or account number). You acknowledge that Dynadot is not required to, but that we
may, contact You to update Your payment information in the event that an
attempted transaction is not processed successfully. You understand and agree that Dynadot accepts no
responsibility and shall have no liability to You or any third party in connection
with the renewal of services, including, but not limited to, any failure or
errors in renewing such services, or losses or damages related to any
cancellation, discontinuation, expiration, or termination of services as a
result of such failures or errors in renewing such services. You understand and agree that You bear
the sole responsibility of renewing Your services with Dynadot by logging on to
Your Dynadot account and completing the renewal process, or by taking whatever
actions are required or requested by Dynadot in order to complete the renewal
process. In all cases, domain name
renewal transactions are final, irreversible, non-refundable, and ineligible
for account credit. 4.
ACCURACY
OF INFORMATION; UPDATING INFORMATION. You agree to provide true, accurate, current,
and complete information about You as required by the registration and/or
application process ("Account
Information"). You agree to maintain and update Your Account Information
when purchasing services, in order to keep the information accurate, current,
and complete. You agree to notify Dynadot within five (5) business days when
there is a change to any of Your Account Information. You agree to respond
within five (5) business days to any inquiries Dynadot may make to determine the
validity of any information provided by You. You understand that Dynadot relies
on the Account Information to send You important information and notices
regarding Your account and our services. Failure by You for any reason to
provide Dynadot with accurate and reliable information at any time, or to
timely respond to any inquiries to verify the information You provide, shall be
considered a material breach of this Agreement. 5.
PRIVACY;
USE OF INFORMATION. You agree to be bound by Dynadot's privacy
policy that is incorporated herein by reference, and that is located on our web
site at http://www.dynadot.com/privacy_policy.html. You agree that Dynadot, in its sole
discretion and at no liability to You for any resulting loss or damage, may
modify our privacy policy. Revised privacy policies will be posted on our web
site thirty (30) days prior to becoming effective. You agree that, by using our
services or maintaining any domain name registered through Dynadot, after
modifications to our privacy policy have become effective, You have agreed to
these modifications. You agree to periodically review our web sites to make
Yourself aware of any such revisions or changes. You agree that, if You do not
agree to any modification, You may terminate this Agreement without refund or
credit to You of any fees paid by You to Dynadot. You agree that for each domain name You register
with Dynadot, the following information will be made publicly available in
ICANN's WHOIS directory, may be shared with third parties, and may otherwise be
made publicly available by Dynadot: (1) the domain name registered; (2) Your
name and postal address; (3) email address, postal address, telephone and
facsimile numbers for Your designated technical and administrative contacts;
(4) internet protocol ("IP") numbers for the primary and secondary
name servers, and corresponding names of such name servers; and, (5) the date
of registration and expected expiration date. You further agree that for each domain name You register
with Dynadot, Your personal data associated with Your domain registration will
be shared with the applicable central registries. If You resell any domain name that You obtained
through Dynadot, You agree to provide information about the use of personal
information, as set forth herein and in Dynadot's privacy policy, to any person
or entity from whom You collect personal information. You agree to obtain
consent and evidence of consent to the use of such personal information from
any person or entity from whom You collect personal information. 6.
ACCOUNT
SECURITY. To access or use Dynadot's services or to modify
Your account, You may be required to establish an account and obtain a user
name, account ID and/or number, and/or password. You authorize Dynadot to
process any and all account transactions initiated through the use of Your
password or other account information. You agree that You are solely
responsible for maintaining the confidentiality of Your password and account
information. You agree to immediately notify Dynadot of any unauthorized use of
Your password and/or Your account, or any other breach of security. You also agree that You are solely
responsible for any and all charges, liabilities, and/or activities that occur
on Your account, whether initiated by You, by others on Your behalf, or
unauthorized, or by any other means. You agree that in no event shall Dynadot
be liable for any loss whatsoever that You may incur as a result of someone
else using Your password, account, and/or account information, either with or
without Your knowledge or consent.
Your further agree that You could be held liable for any losses incurred
by Dynadot or another party due to someone else using Your password, account,
or account information. Dynadot
specifically disclaims any liability for any activity occurring on Your
account, whether authorized by Your or not. You agree that Dynadot may log off, delete, disable, or
deactivate any account that is inactive for an extended period of time. 7.
RIGHT
OF REFUSAL; CANCELLATION OF SERVICES; ACCEPTABLE USE POLICY. You agree that Dynadot, in its sole discretion
and without liability to You for any resulting loss or damages, may refuse to
accept or may delete the registration, application and/or transaction request
of any service You may purchase through Dynadot. In the event Dynadot refuses or deletes Your registration,
application and/or transaction request for a service through Dynadot within the
times specified in the applicable sections of this Agreement, Dynadot may issue
an account credit of any applicable fee(s) You have paid to Dynadot in
connection with the registration being refused or canceled. You further agree that Dynadot, in its sole
discretion and without liability to You for any resulting loss or damages, may
delete, suspend, cancel, terminate, or otherwise interrupt any and all services
You may purchase through Dynadot, or Your customer account with Dynadot, at any
time during the term of this Agreement, if such service or account is used in
association with morally objectionable activities. Morally objectionable activities include, but
are not limited to, the transmission of unsolicited mail or "spam";
activities prohibited by the laws of the United States and/or foreign territories
in which You conduct business; activities that promote unlawful behavior, such
as hate crimes, terrorism, or child pornography; activities that are designed
to or that effectively defame, slander, harass, embarrass, threaten, abuse, or
harm third parties; activities that impersonate the identity of any third
parties; activities that are harmful to minors in any way; activities that
constitute fraud or that have a fraudulent purpose; activities that are
designed to or that effectively infringe upon the copyright, trademark, trade
secret, or other intellectual property rights of a third party; and activities
that constitute or promote obscenity, profanity, indecency, tortuous behavior,
racism, bigotry, hatred, vulgarity, harassment, invasion of privacy or publicity
rights of a third party, or physical harm of any kind against any group or
individual; or any other objectionable material or activity of any kind or
nature as Dynadot in its sole discretion may determine. You agree that any use of Your account with
Dynadot, whether or not on Your behalf and whether or not with Your permission,
in association with any morally objectionable activities shall constitute a
material breach of this Agreement.
In the event that Dynadot deletes, suspends, cancels, terminates, or
otherwise interrupts any service to You or Your customer account for use in
association with morally objectionable activities, any and all fees paid to
Dynadot shall be non-refundable and ineligible for account credit. 8.
INTELLECTUAL
PROPERTY. Except as otherwise set forth herein, You agree
that all rights, title and interest in and to all, (i) registered and
unregistered trademarks, service marks and logos; (ii) patents, patent
applications, and patentable ideas, inventions, and/or improvements; (iii)
trade secrets, proprietary information, and know-how; (iv) all divisions,
continuations, reissues, renewals, and extensions thereof now existing or
hereafter filed, issued, or acquired; (v) registered and unregistered
copyrights including, without limitation, any forms, images, audiovisual
displays, text, and software; and (vi) all other intellectual property,
proprietary rights or other rights related to intangible property which are
used, developed, comprising, embodied in, or practiced in connection with any
of the Dynadot services identified herein ("Dynadot Intellectual Property
Rights") are owned by Dynadot or its licensors, and you agree to make no
claim of interest in or ownership of any such Dynadot Intellectual Property
Rights. You acknowledge that no
title to the Dynadot Intellectual Property Rights is transferred to you, and
that you do not obtain any rights, express or implied, in Dynadot's or its
licensors' services, other than the rights expressly granted in this Agreement. To the extent that you create any
Derivative Work (any work that is based upon one or more preexisting versions
of a work provided to you, such as an enhancement or modification, revision,
translation, abridgement, condensation, expansion, collection, compilation or
any other form in which such preexisting works may be recast, transformed or
adapted) such Derivative Work shall be owned by Dynadot and all right, title
and interest in and to each such Derivative Work shall automatically vest in
Dynadot. Dynadot shall have no
obligation to grant you any right in any such Derivative Work. 9.
REPRESENTATIONS
& WARRANTIES. You agree and warrant that: (i) You have all requisite power and
authority to execute this Agreement and to perform Your obligations hereunder;
(ii) You are of legal age to enter into this Agreement, or You are at least thirteen
(13) years of age and have Your parents' permission to apply for services
hereunder; (iii) neither Your registration, application, and/or transaction
request, nor use of any of DynadotÕs services, nor the manner in which You
intend to use DynadotÕs services will directly or indirectly infringe the legal
rights of a third party; and, (iv) You agree to comply with all applicable laws
and regulations. You further agree
that Dynadot shall not be bound by any representations made by any third party
who You may use to obtain services from Dynadot. You understand and agree that
any statements of a general nature which appear in Dynadot's promotional
materials, including but not limited to its web site, emails, account notices,
or advertisements, shall not bind Dynadot. 10.
DISCLAIMER
OF WARRANTIES. You agree that the use of our services is solely
at Your own risk, and that our services are provided on an "as is"
and "as available" basis. WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND
NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICES WILL MEET YOUR REQUIREMENTS,
OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR
THAT DEFECTS WILL BE CORRECTED. WE MAKE NO WARRANTY REGARDING THE RESULTS THAT
MAY BE OBTAINED FROM THE USE OF OUR SERVICES OR AS TO THE CORRECTNESS, ACCURACY
OR RELIABILTY OF ANY INFORMATION OBTAINED THROUGH THE SERVICES WE PROVIDE. WE
MAKE NO WARRANTY REGARDING ANY GOODS, SERVICES, OR PRODUCTS OBTAINED THROUGH
THE USE OF OUR SERVICES OR THROUGH ANY TRANSACTION ENTERED THROUGH THE USE OF
OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL OR DATA DOWNLOADED,
ACCESSED, OR OBTAINED THROUGH THE USE OF OUR SERVICES IS DONE AT YOUR OWN RISK
AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE OR LOSS TO YOUR COMPUTER
SYSTEM OR DATA THAT RESULTS FROM THE DOWNLOAD OF ANY SUCH MATERIAL OR DATA. YOU
UNDERSTAND AND AGREE THAT ANY INFORMATION OR ADVICE YOU OBTAIN FROM US OR
THROUGH THE USE OF OUR SERVICES DOES NOT CREATE ANY WARRANTY AND THAT YOU MAY
NOT RELY ON SUCH INFORMATION AND ADVICE. 11.
TERMINATION
OF AGREEMENT. You agree that, should You cancel or terminate
this Agreement with Dynadot, You will not receive any refund or credit of any
fees You may have paid to Dynadot, except as otherwise expressly stated herein.
Should You elect to cancel or terminate this Agreement with Dynadot, You agree
to provide at least thirty (30) days written notice to Dynadot in the manner
prescribed in this Agreement. You agree that Dynadot may terminate this
Agreement or any part of its services at any time, and without notice to You,
in the event of a breach of this Agreement or if termination is or becomes
required by any policy of ICANN. You agree that Your failure to completely
comply with the provisions of this Agreement or any rule or policy of Dynadot
may constitute a material breach of this Agreement. Should Dynadot cancel,
discontinue, or terminate Your account, this Agreement, or any services it
provides to You as a result of any breach of this Agreement, no fees will be
refunded or credited to You. Dynadot's failure to notify You or act upon any
possible breach by You, shall not excuse You from the breach and shall not
constitute a waiver of Dynadot's right to notify You or act upon such breach at
a later time. 12.
MODIFICATION. You agree that, during the term of this
Agreement, Dynadot may (1) revise the terms and conditions of this Agreement
from time to time; and/or, (2) discontinue services it provides under this
Agreement at any time. You agree to be bound by any such changes and revisions
when such changes become effective. Any changes or revisions to this Agreement
shall become binding and effective thirty (30) days after posting of the
revised Agreement on our web site, or upon notification to You by email or
regular postal mail. You agree to periodically review our web site to make Yourself
aware of any such revisions or changes. If You do not agree with any revision
or change to this Agreement, You may terminate this Agreement at any time by
providing us with written notice, and You agree that any fees paid by You to
Dynadot are non-refundable and ineligible for credit. You understand and acknowledge that Dynadot is
an approved domain name registrar bound by an agreement between itself and the
Internet Corporation for Assigned Names and Numbers ("ICANN"), and
bound by various agreements between itself and various central registries for
top-level domain names. You agree
that Dynadot may modify this Agreement in order to comply with applicable law
and the terms and conditions required by ICANN or any such central registry. 13.
ASSIGNMENT
& RESALE. Except as otherwise set forth herein, Your
rights under this Agreement are not assignable or transferable. Any attempt by
Your creditors to obtain an interest in Your rights under this Agreement,
whether by attachment, levy, or otherwise, renders this Agreement voidable at
Dynadot's discretion. If You resell any domain name registered with
Dynadot, You agree to inform any customer of Yours of the fact that they are
registering their domain name through Dynadot, an accredited registrar of
ICANN. You further agree not to represent, whether orally, in writing, or by
symbols, that You are an accredited registrar of ICANN or that You are an
authorized reseller of Dynadot's services. You agree to obtain from any customer of Yours acceptance
of, and evidence of acceptance of, Dynadot's then-prevailing Service Agreement.
You agree to obtain from any customer of Yours, and provide to Dynadot within
five (5) days, such customer's updated, complete, and accurate personal
information in accordance with ICANN requirements and this Agreement. Any
Agreement You enter with any customer of Yours shall not conflict with
Dynadot's Service Agreement or any policies of ICANN. You understand and agree
that if You resell any service obtained through Dynadot, You are not a registrar
or hosting provider, and You shall not attempt to access Dynadot's registrar
connections, registry access, or hosting servers. You understand and agree that if you resell any service
obtained through Dynadot and any customer of Yours violates any provision of
Dynadot's Service Agreement or any policy of ICANN, Dynadot reserves the right
to cancel, terminate, or otherwise interrupt Your customer account or any and
all services. You understand and agree that if you resell any service obtained
through Dynadot, You hereby assume full and complete responsibility for, and
agree that Dynadot shall have no responsibility or liability for, any and all
activities, complaints, or cancellations by the party to whom You resell
Dynadot's services. You further
agree to indemnify, defend, and hold harmless Dynadot against any claims,
losses, and liabilities relating to or arising out of Your resale of Dynadot's
services, and as more fully described in the Indemnification to Dynadot section
of this Agreement. 14.
THIRD
PARTY TRANSACTIONS. Dynadot shall not be responsible for and shall
have no liability with respect to any services or products purchased or
obtained by You from a third party. 15.
LIMITATION
OF LIABILITY. You agree that Dynadot's entire liability, and
Your exclusive remedy in law, in equity, or otherwise, in connection with any
service provided to You by Dynadot under this Agreement and/or for any breach
of this Agreement by Dynadot shall be limited to the amount of the fees You
paid to Dynadot for the particular service during the term of this
Agreement. DYNADOT PROVIDES ITS
SERVICES "AS IS" AND WITHOUT WARRANTY OF ANY KIND EITHER EXPRESS OR
IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OR CONDITIONS OF
MERCHANTABILITY, MERCHANTABLE QUALITY, TITLE, OR FITNESS FOR A PARTICULAR
PURPOSE. DYNADOT SHALL NOT BE
LIABLE IN ANY EVENT FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL OR
CONSEQUENTIAL DAMAGES RESULTING FROM, RELATED TO, OR ARISING OUT OF THE USE OR
INABILITY TO USE ANY OF DYNADOT'S SERVICES OR FOR THE EXPENSE OF OBTAINING
ALTERNATE SERVICES. To the extent that the laws of certain states do not permit
the limitation or elimination of liability for certain types of damages,
Dynadot's liability shall be limited to the smallest amount permitted by law in
such states. You understand and agree that Dynadot disclaims
any loss or liability resulting from: (1) access delays or access interruptions
to our web site or domain name registration system; (2) data non-delivery or
data mis-delivery; (3) acts of God; (4) the unauthorized use or misuse of Your
account or any of the services provided to You by Dynadot; (5) the inadvertent
disclosure or theft of Your personal information; (6) errors, omissions, or
misstatements in any and all information by Dynadot; (7) the deletion of,
failure to store, or failure to process or act upon email messages or other
mail; (8) the development or interruption of Your web site or Your Dynadot web
site; (9) errors in connection with the processing of Your application; (10)
the processing of updated information to Your account; (11) the application of
Dynadot's or any Registry Operator's dispute resolution policy; (12) the loss
of registration, processing of, or use of any domain name; (13) the failure to
renew the right to use a domain name, for any reason; (14) the failure or
processing of any transfer request, for any reason; (15) any corrective action
Dynadot may take on Your customer account or services provided by Dynadot to
You as a result of Your violation of any term of this Agreement; (16) any act
or omission, whether authorized by You or not, that is caused by You or Your
agent; (17) any rejection, cancellation, suspension, interruption, or
termination of services provided by Registry Operators or third party vendors
for any reason whatsoever; or, (18) submission of proposed registration
requests to Registry Operators, including without limitation, Your ability or
inability to obtain a particular domain name. 16.
INDEMNIFICATION
TO DYNADOT. You agree to release, indemnify, defend, and
hold harmless Dynadot, and any of its contractors, agents, employees, officers,
directors, shareholders, members, affiliates, and assigns from and against any
losses, liabilities, claims, damages or costs, including reasonable attorneys'
fees and expenses, relating to or arising out of Your registration,
application, transaction request, resale, or use of services provided by
Dynadot and Your account with Dynadot, whether by You, Your agent, or anyone
else, whether or not on Your behalf, and whether or not with Your permission.
Should Dynadot be threatened with a lawsuit or receive notice of a filed or
pending lawsuit by a third party, Dynadot may seek written assurances from You
concerning Your promise to indemnify Dynadot. Your failure to provide such
written assurances may be considered a material breach of this Agreement. You agree that such indemnification
obligation shall survive the termination or expiration of this Agreement. 17.
SEVERABILITY. If any provision of this Agreement is determined
to be invalid or unenforceable, the remaining provisions of this Agreement
shall remain in full force and effect. 18.
NOTICES. You agree that all notices concerning breach of
this Agreement may be sent to the email address You provide to Dynadot or
mailed by first class postage to the postal address You provide to Dynadot.
Such notices shall be deemed delivered within five (5) days after the date
sent. You agree that all other notices may be posted on our web site and shall
be deemed delivered within thirty (30) calendar days of posting. You agree that all notices from You to Dynadot
shall be sent by email or by first class postal mail to the address provided on
our web site, which shall be deemed delivered five (5) days after the date
sent. In no event may notices be made by telephone. You authorize Dynadot to notify You as our
customer of information that we deem is of potential interest to You, including
commercial emails, telephone calls, notices of changes, upgrades, new products
and services, or other information pertaining to Your account. 19.
GOVERNING
LAW; VENUE; WAIVER OF RIGHT TO JURY TRIAL. This Agreement shall be deemed entered into in
the State of California. This Agreement shall be governed by the laws and
judicial decisions of the State of California. You agree to submit to the
exclusive subject matter jurisdiction, personal jurisdiction, and venue of the
United States District Court for the Northern District of California for any
and all disputes concerning, relating to, or arising out of this Agreement, or
between You and Dynadot, whether or not such disputes also involve other
parties. If there is no jurisdiction in the United States District Court for
the Northern District of California, then You agree that jurisdiction shall be
in the courts of San Mateo County, California. You agree to waive the right to trial by jury in
any proceeding that arises out of or relates to this Agreement. 20.
WAIVER. No waiver of any provision of this Agreement
shall be effective unless it is in writing and signed by an authorized
representative of Dynadot. Waiver of any one provision of this Agreement by
Dynadot shall not constitute a waiver of any other provision of this Agreement,
and shall not affect our right to require performance, enforce, or seek all
legally available remedies for breach of any other provision of this Agreement. 21.
MERGER;
ENTIRE AGREEMENT. This Agreement, and any rules, policies, or
documents incorporated by reference in this Agreement, including, but not
limited to, the dispute resolution policy and the privacy policy, constitutes
the complete, entire, and exclusive Agreement between You and Dynadot regarding
our services. No other Agreements or understandings, whether written, oral, or
by custom, habit, practice or policy, affect the scope or applicability of this
Agreement. 22.
HEADINGS. The section headings in this Agreement are for
the purpose of convenience only, and are not intended to and in no way define,
describe, limit, expand, or construe the scope of any provision or its
applicability. 23.
FORCE
MAJEURE. Neither party shall be deemed in default or
shall hold the other party responsible for any failure or delay in the
performance of its obligations under this Agreement in the event of an Act of
God, earthquake, flood, fire, storm, natural disaster, war, terrorism, armed
conflict, labor strike, lockout, or boycott, provided that the party relying
upon this section shall have given prompt written notice to the other party of
such event within five (5) days within the occurrence of such event, and shall
have taken all reasonably necessary steps to mitigate the effects of the event.
Should the force majeure event persist for a period of more than thirty (30)
days, Dynadot may at its option terminate this Agreement. 24.
AGREEMENT
TO BE BOUND. By registering, applying, and/or requesting a
service with Dynadot, or by using services provided by Dynadot, You acknowledge
that You have read and agree to be bound by all terms and conditions of this
Agreement and any rules, policies, or documents incorporated by reference. PART
2: DOMAIN NAME REGISTRATIONS The
following additional terms and conditions contained in this Part of the
Agreement may apply if You purchase domain name registration services from
Dynadot. 1.
TERM
OF REGISTRATION. Unless otherwise specified on our web site, each
domain name registration with Dynadot is for a one-year initial term. However, some domain names may be
registered for a term of up to ten years, as set forth on our web site. 2.
DISPUTE
RESOLUTION. You agree to be bound by Dynadot's dispute
resolution policy that is incorporated herein by reference, and that is located
on our web site at http://www.dynadot.com/icann_dispute.html. You agree that Dynadot, in its sole
discretion and at no liability to You for any resulting loss or damage, may
modify our dispute resolution policy at any time, without notice. Revised
dispute resolution policies will be posted on our web site and are effective
immediately. You agree that, by maintaining any service through Dynadot, after
modifications to our dispute resolution policy have become effective, You have
agreed to these modifications. You agree to periodically review our web site to
make Yourself aware of any such revisions or changes. You agree that, if You do
not agree to any modification, You may terminate this Agreement without refund
or credit to You of any fees paid by You to Dynadot. For the adjudication of any disputes brought by
a third party against You concerning or arising from Your use of a domain name
registered with Dynadot or Your use of our services, You (but not Dynadot)
agree to submit to subject matter jurisdiction, personal jurisdiction, and
venue of the United States District Court for the Northern District of
California and the courts of Your domicile. You agree that in the
event a dispute arises with any third party, You will indemnify, defend, and
hold Dynadot harmless pursuant to the terms and conditions set forth in this
Agreement. You agree that, if Dynadot
is notified that a complaint has been filed with a judicial or administrative
body regarding Your use of our services, You will not make any changes to Your
account or services without our prior approval, and that Dynadot may take
whatever action it deems necessary, in its sole discretion, regarding
modification, assignment and/or control of the service or account as necessary
to comply with the actions or requirements of the judicial or administrative
body. You understand and agree
that Dynadot will comply, if so obligated, with all court orders, domestic or
international, directed against You and/or the domain name registration. 3.
RESTORATION
OF AN EXPIRED DOMAIN. Unless otherwise specified herein or on our web
site, the following terms and conditions apply to expiring domain name
registrations. Post-Expiration Period. If You fail to renew Your domain name
before the designated expiration date, You understand and agree that the domain
name registration will enter a "Post-Expiration period". During the Post-Expiration period,
Dynadot will place the domain on Hold and You will lose access to and use of
the domain, and any web site operating at the expired domain will have its name
servers suspended. In addition, You will not be able to transfer the domain to
another registrar or to change the registrant information. Further, You will lose any and all
rights in, or claim to, any revenue generated from domain parking services, if
any, beginning from the date of expiration of the domain name
registration. You understand and
agree that, at the start of the Post-Expiration period, Dynadot will
provisionally renew the domain on Your behalf in order to preserve Your ability
to renew the domain name registration during the Post-Expiration period. To this end, even though the expiration
date may appear to be extended for an additional term in ICANN's WHOIS
directory, You understand and agree that You in fact have not renewed the
domain name, and therefore have no rights in, or claim to, the domain name, or
use thereof, until You pay the renewal fee to Dynadot in the amount specified
on our web site. Unless otherwise
specified in this Agreement, the Post-Expiration period will last for forty
(40) days or until You pay the renewal fee to Dynadot in the amount specified
on our web site. You understand
and agree that, if You have not renewed the domain by the thirtieth (30th) day
of the Post-Expiration period, Dynadot may put the domain name up for auction
in its Marketplace pursuant to the terms set forth in this Agreement. During a Marketplace auction, You may
still renew the domain until the end of the Post-Expiration period. If You fail to renew the domain during
the Post-Expiration period, regardless of reason or fault, You understand and agree
that Dynadot may, in its sole discretion and without any responsibility or
liability to You, make a final and irreversible transfer of the domain to
another party. In such cases,
there is no Deletion period. Deletion Period. After the Post-Expiration period has elapsed, and if the
domain has not been sold at auction in the Marketplace, the domain name may be
flagged for Deletion with the central registry for a period of thirty (30) days
("Deletion period").
During this Deletion period, You may restore Your domain by paying a
Restoration fee to Dynadot, in the amount specified on our web site at http://www.dynadot.com/company/prices.html,
and is subject to change under this Agreement or as specified on our web site
at the time of restoration. Domain
restoration transactions are final, irreversible, non-refundable, and
ineligible for account credit. If
You successfully restore an expired domain before the end of the Deletion
period, You cannot transfer the domain for a period of sixty (60) days. If You fail to restore the domain by
the end of the Deletion period, the domain name registration will be deleted
from the central registry and released to the public. You understand and agree that there is no Deletion period
where: (a) a domain has been sold at auction and transferred to the winning
bidder; or, (b) the central registry restricts the ability to restore certain
domain extensions. Transfers After Renewals During Post-Expiration
Period. You understand and agree
that if You transfer a domain name that has been recently renewed there is the
potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed
within forty-five (45) days following the domain expiration date and
transferred within that same forty-five day period. You understand and agree that Dynadot is not responsible or
liable for this lost year, and that Dynadot will not refund or credit that lost
year to You. No .WS Restoration. The Post-Expiration period for .ws domain name registrations
will last for twenty-five (25) days or until You pay the renewal fee to Dynadot
in the amount specified on our web site.
After the Post-Expiration period has elapsed, the domain name will be
immediately deleted from the central registry, and the domain name will be
released to the public. There is
no Deletion period for .ws domain names. No .UK Restoration. If You fail to renew a .uk domain name before the designated
expiration date, there is a thirty-seven (37) day grace period in which You may
renew the domain name. If You fail
to renew a .uk domain name before the end of the grace period, the domain name
registration will enter the Post-Expiration period. This Post-Expiration period
will last for sixty (60) days or until You pay the renewal fee to Dynadot in
the amount specified on our web site.
After the Post-Expiration period has elapsed, the domain name will be
immediately deleted from the central registry, and the domain name will be
released to the public. There is
no Deletion period for .uk domain names. No .EU Post-Expiration Period. If You fail to renew a .eu domain name
before the designated expiration date, the domain name registration will enter
the Deletion period. The Deletion
period will last for forty (40) days or until You pay the Restoration fee
specified on our web site. After
the Deletion period has elapsed, the domain name will be immediately deleted
from the central registry, and the domain name will be released to the public. There is no Post-Expiration period for .eu
domain names. No .CN Post-Expiration Period or
Restoration. If You fail to renew
a .cn domain name before the designated expiration date, the domain name will
be immediately deleted from the central registry, and the domain name will be
released to the public. There is
no Post-Expiration period for .cn domain names. There is no Deletion period for .cn domain names. No .NAME Restoration. The Post-Expiration period
for .name domain name registrations will last for forty (40) days or until You
pay the renewal fee to Dynadot in the amount specified on our web site. After the Post-Expiration period has
elapsed, the domain name will be immediately deleted from the central registry,
and the domain name will be released to the public. There is no Deletion period for .name domain names. 4.
DOMAIN
PARKING SERVICES. By default, newly registered domains are parked
at Dynadot. Domain parking is one way for users to know that the domain
registration was successful. You understand and agree that this is the default
setting and that Dynadot is authorized to implement a parked page for Your
newly registered domain name until such time as You specify name servers in
Your account settings. You further
understand and agree that the parked page may contain third party commercial
advertising and links back to Dynadot's web site. You understand and agree that
You have the option of changing this default behavior in Your account settings
to use Your own name servers for subsequent domain name registrations. If You leave the parked page in its
default condition, You understand and agree that You have the option of having
Your parked page display one of two options: (1) a regular parking page with
links back to Dynadot's web site but with no third party advertising; or, (2) a
revenue-generating parking page with links back to Dynadot's web site along
with third party links and commercial advertising ("Revenue
Parking"). You agree that
domain parking services are offered free of charge. Revenue Parking. In order to use Dynadot's Revenue Parking service, You must
have an unexpired domain name registered with Dynadot. If You use Revenue Parking, You agree
that Dynadot may point the domain name or DNS to one of Dynadot's or Dynadot's
affiliate's web pages, and that they may place advertising on your web page and
that Dynadot specifically reserves this right. Under the Revenue Parking service, Dynadot or its affiliates
will (i) place advertising links on Your parked page; (ii) generate revenue
from the advertising links on a per click basis; and, (iii) share a portion of
the revenue generated with You in the form of Dynadot account credit. Dynadot shall use commercially
reasonable efforts to provide You with accurate weekly estimates of the revenue
Your Revenue Parking parked page generates. You acknowledge and agree that any such estimates are not an
exact determination, do not represent an exact determination, and that the
actual amount(s) determined at the end of any revenue generating period may be
different. Additionally, in calculating
the distribution of revenue generated under this program, amounts may include
fractions of a cent. Dynadot shall
use commercially reasonable efforts to round these amounts up or down to the
nearest cent. However, You
acknowledge and agree that in calculating the distribution of revenue generated
by any Revenue Parking parked page, Dynadot's determination, in its sole
discretion, of any amount owed to You shall be the final and binding
determination. In addition, You
acknowledge and agree that Dynadot, in its sole discretion, may rescind,
reverse, cancel, or modify any amounts of revenue shared, such as by deducting
account credits placed into Your account or terminating Your services or any
other manner it deems appropriate, in the event of notice of possible abuse of
the Revenue Parking service, mathematical, technical, or human error, violation
of this Agreement, or for any reason whatsoever as determined in Dynadot's sole
discretion. You understand and
agree that Dynadot will not share with You any revenue generated during the
Post-Expiration period, or during any period where Your domain is expired, is
flagged for deletion, has not been renewed, or is past the term of registration
that You paid for. Revenue Parking Restrictions. You understand and agree that You may
not generate revenue through Your Revenue Parking parked page by clicking on
Your own Revenue Parking parked page advertising links. You further understand and agree that
You may not generate traffic to Your Revenue Parking parked page by listing on
newsgroups, bulk e-mailing, ICQ posting, chatroom posting, iframes, zero pixel
frames, hitbots, clickbots, spiders, cig-scripts, JavaScript, click farms, or
any other similar method. In addition,
You understand and agree that You may not beg, ask, entice, or incentivize
users into clicking on Your Revenue Parking parked page advertising links. You further understand and agree that
You may not mislead visitors into believing they might receive anything other
than an internet search page and/or results by clicking on a textlink or search
box. You also understand and agree
that You may not alter, modify, interrupt, or interfere with the normal and
intended operation of the Revenue Parking service as operated by Dynadot, or
with the advertising links and search results contained therein. Dynadot's Rights. Dynadot provides its domain parking services exclusively and
makes no effort to edit, control, monitor, or restrict the content of data
other than as necessary to provide such services. The services provided, including but not limited to the
advertisements, shall be based upon the content of Your web site and may
include, but are not limited to, advertisements of Your competitors. Dynadot explicitly reserves the right
to review and monitor every parked page, and to take corrective action as it
deems fit in its sole discretion. 5.
INTERRUPTION
OF DOMAIN SERVICES. You agree that Dynadot may suspend, cancel, or
transfer Your registration of a domain name in order (i) to correct mistakes
made by us, another registrar, or the registry in registering Your chosen
domain name, or (ii) to resolve a dispute under our dispute resolution policy. In the event that Dynadot refuses the
registration of Your chosen domain name or deletes a pending registration of
Your domain name within the first five (5) days of registration of such domain
name, You may receive, at Dynadot's sole discretion, an account credit or
refund for any applicable fee(s) You have paid to Dynadot in connection with
the registration being refused or canceled. Account credit or refunds are not available where a domain
is Restored or renewed. In the event that Dynadot refuses Your request
for Domain Privacy Service or cancels a pending or existing order for Domain
Privacy Service within the first fifteen (15) days of purchase of such service,
You may receive, at Dynadot's sole discretion, an account credit or refund for
any applicable fee(s) You have paid to Dynadot in connection with the service
being refused or canceled. You further agree that Dynadot, in its sole
discretion and without liability to You for any resulting loss or damages, may
take immediate corrective action, including, but not limited to, removal of all
or a portion of Your domain services and/or deletion, suspension, cancellation,
termination, or other interruption of domain services or Your customer account
with Dynadot, at any time during the term of this Agreement, in the event of
notice of any possible violation of this Agreement by You or Your end users, or
if such service or account is used in association with morally objectionable
activities, or for any reason whatsoever.
In such cases, any and all fees paid to Dynadot will be non-refundable
and ineligible for account credit. 6.
NEW
REGISTRATION DELETION SERVICE. The additional terms and conditions contained in
this section apply where Dynadot provides You with the capability to delete a
new registration of a domain name within the first several days of registration
of such domain name ("Deletion Service"). A new registration of a domain name is one where the
registration request processed successfully, and the registration is not more
than five (5) days old. You
acknowledge and agree that these terms and conditions apply regardless of
whether You utilize the self-service deletion function within Your Dynadot
customer account area, or You request, authorize, and/or direct Dynadot to
complete the delete function on Your behalf ("Deletion Request"). You understand and agree that Dynadot must
receive Your Deletion Request within the time frame specified on its
website. You acknowledge and agree
that, although Dynadot will attempt to make a good faith effort to process Your
Deletion Request, any late or last-minute Deletion Requests, or those submitted
for processing in the 24 hours preceding the stated deadline, may fail to
process successfully. You
understand and agree that, if the Deletion Request is successfully processed,
You may receive an account credit only; no refunds are available. In addition, Dynadot may assess a
processing fee or other charge against any account credit You may receive, as
specified on our website, for any and all Deletion Requests processed. You further understand and agree that,
if the Deletion Request is not successfully processed for any reason
whatsoever, regardless of fault or cause, and regardless of the timeliness of
Your Deletion Request, Dynadot shall not be liable to You or any third party
for any resulting loss or damages.
In all such cases, any and all fees paid to Dynadot will be
non-refundable and ineligible for account credit. Abuse.
Any abuse of the Deletion Service, including, but not limited to,
successive or "chain" registration periods in order to avoid paying
for domain names, or any other activity that Dynadot deems in its sole
discretion to constitute abuse or inappropriate use of the service, is strictly
prohibited. You acknowledge and
agree that Dynadot, in its sole discretion and without liability to You for any
resulting loss or damages, may take immediate corrective action, including, but
not limited to, deletion, suspension, cancellation, termination, or other
interruption of any or all of Your domain services or Your customer account
with Dynadot. In all such cases, any
and all fees paid to Dynadot shall be non-refundable and ineligible for account
credit. Restrictions. You acknowledge and agree that the new registration Deletion
Service is not available in connection with any .eu domain name registration. You acknowledge and agree that Dynadot, at any
time and in our sole discretion, may suspend, terminate, or disable the
Deletion Service without notice, for any reason, and with no obligation to
refund or credit any fees or funds previously paid to Dynadot. 7.
DOMAIN
FORWARDING SERVICE. The following additional terms and conditions
contained in this section apply where Dynadot provides You with the capability
to forward, point, alias, redirect, or resolve a domain name registration to
another domain name designated by You ("Forwarding"). You represent and warrant that You have
the right, power, legal capacity and authority to Forward your domain name to
the other domain name. You
acknowledge and agree that Dynadot, at any time and in our sole discretion, may
suspend, terminate, or disable Your Forwarding service without notice, for any
reason, and with no obligation to refund or credit any fees or funds previously
paid to Dynadot. You acknowledge that the Forwarding service
includes an optional Stealth feature which provides You with the capacity to
forward, point, alias, redirect, or resolve a domain name to another domain's
web site content and all linking web sites during the window browsing session,
while still displaying Your domain name in the URL address location
("Stealth Forwarding").
You acknowledge that Stealth Forwarding may not work properly on all web
sites, depending on their configuration and ability to work with frames. 8.
CHANGE
OF REGISTRAR: TRANSFER TO/FROM
DYNADOT. The following additional terms and conditions
contained in this section apply where a Registered Name Holder requests to
change its registrar of record for an existing domain name registration. You agree to pay any and all fees to
Dynadot as set forth on our web site. Procedure for Transfers. For each instance where a Registered
Name Holder wants to change its registrar for an existing domain name, Dynadot
requires the following: (a)
Express
authorization to initiate the transfer process from an individual who has the
apparent authority to legally bind the Registered Name Holder, as reflected in
the database of the registrar that is losing the domain name registration. (b)
In
instances where the registrar of record is being changed simultaneously with
the transfer of a domain name from one party to another, the registrar gaining
the domain name registration will require submission of appropriate
authorization for the transfer.
Such authorization includes, but is not limited to, one of the
following: (i)
A
bilateral agreement between the parties. (ii)
The
final determination of a binding dispute resolution body. (iii)
A
court order. Denial of Transfers. You agree that Dynadot may, in its sole discretion, deny any
request for transfer of any domain name from another domain name registrar to
Dynadot. You understand and agree that, if You attempt to transfer a domain
name from another domain name registrar to Dynadot, and that transfer attempt
fails for any reason, You may receive an account credit with Dynadot in the
amount of the registration fee, but You will not receive a refund of any
fees. You agree to assume full and
complete responsibility for, and agree that Dynadot shall have no
responsibility or liability for, any instance where the other domain name
registrar involved in the transfer denies your transfer request. You understand and agree that, if You
attempt to transfer a domain name from Dynadot to another domain name
registrar, and that transfer attempt fails for any reason, Dynadot shall have
no responsibility or liability to You for refunding or crediting any fees or
funds You may have paid to any party for attempting the transfer. Instances when a transfer request may be denied
include, but are not limited to: (a)
Situations
described in our dispute resolution policy; (b)
A
pending bankruptcy of the Registered Name Holder; (c)
Dispute
over the identity of the Registered Name Holder; (d)
Request
to transfer the domain name occurs within the first 60 days after (i) the
initial registration of the domain name, (ii) a previously completed transfer
(change of registrar) of the domain name, or (iii) the Restoration of an expired
domain name; (e)
Request
to transfer the domain name occurs after the domain name registration has
expired; (f)
The
domain name registration expires while the transfer is being processed; (g)
The
domain name registration is locked or on "hold" status with the current
registrar. Transfers After Renewals During Post-Expiration
Period. You understand and agree
that if You transfer a domain name that has been recently renewed there is the
potential that the renewal year will be lost. The renewal year will be lost if the domain name is renewed
within the forty-five (45) days following the domain expiration date and
transferred within that same forty-five day period. You understand and agree that Dynadot is not responsible or
liable for this lost year, and that Dynadot will not refund or credit that lost
year to You. Authorization Emails. You understand that
Dynadot will seek transfer authorization from the domain name's Administrative
Contact via the email address listed in the public WHOIS database. You agree that You are solely
responsible for maintaining and updating the Administrative Contact's email
address. Additional Provisions for Transfers To
Dynadot. You agree that Dynadot
will have no responsibilities as registrar of the domain name unless and until
we send You or the updated registrant, as appropriate, notice of acceptance of
the transfer request. You
authorize Dynadot to take all actions necessary to become the registrar for the
domain name, including transmitting to the central registry a request to change
the registry database to reflect Dynadot as the registrar of record. You agree that Dynadot shall not be
responsible for any legal obligations You may owe to any third party, including
the other registrar involved in the transfer. You agree that You shall not be entitled to any refund or
credit from Dynadot for any fees or funds You may have paid to the other
registrar involved in the transfer.
You represent and warrant that:
(a) the information provided to Dynadot in connection with Your transfer
request is accurate and complete; (b) You are the rightful holder of the domain
name registration; (c) the registrar of record for the domain name at the time
of the request is the current registrar; and, (d) You are not in default on any
obligations You may owe to the current registrar or to Dynadot. Additional Provisions for Transfers Away From
Dynadot. You agree that You may
not transfer Your domain name registration to another domain name registrar
during the first sixty (60) days from the effective date of Your initial domain
name registration with Dynadot.
Your request to transfer to another registrar may be denied in
situations described in this Agreement.
In the event You transfer a domain name registration away from Dynadot,
You agree that You will not receive any refund or credit for any fees or funds
previously paid to Dynadot, whether or not there is time remaining on the
domain registration period at the time of the transfer. Additional Provisions for .COM, .NET, .ORG,
.BIZ, .INFO, .US, and .CN Transfers.
You acknowledge that the applicable central registries require that
.COM, .NET, .ORG, .BIZ, .INFO, .US, and .CN domain names be
"unlocked" with Your current registrar before a transfer request may
be processed. You further
acknowledge that such central registries require the use of an
"AuthCode", which the central registries issue to the Registered Name
Holder upon domain name registration, when submitting the transfer request in
order to process the request. You
agree to assume full and complete responsibility for, and agree that Dynadot
shall have no responsibility or liability for, ensuring that any such domain
names are "unlocked" or that any such transfer requests contain an
"AuthCode" in order to process the transfer request. Additional Provisions for .WS Transfers. You acknowledge that the applicable
central registry prohibits the transfer of .WS domain names under any
circumstances. You agree that
Dynadot shall have no responsibility or liability for the prohibition on
transfer of .WS domains. Additional provisions for .UK Transfers. You acknowledge that the applicable
central registry requires You to reset the Tag associated with Your domain name
to the gaining registrar's Tag.
You acknowledge that You must submit this Tag reset request through Your
current registrar's designated procedures. In addition, the gaining registrar may send You an
Authorization email. You
acknowledge that You must respond in a timely and appropriate manner to any
such Authorization email. You
agree to assume full and complete responsibility for, and agree that Dynadot
shall have no responsibility or liability for, ensuring that You submit a
timely and appropriate Tag reset request, or that You submit a timely and
appropriate response to the gaining registrar's Authorization email. Additional Provisions for .EU Transfers. You understand and agree that if You
transfer an .eu domain name, regardless of when You complete the transfer
during the term of registration, You will not receive an additional year of
domain registration in addition to Your current domain registration term. Instead, You understand and agree that
You will receive only one (1) calendar year of registration time starting from
the date that the transfer transaction completes. You understand and agree that
Dynadot is not responsible or liable for any lost time on the registration
term, and that Dynadot will not refund or credit that lost time to You. Other Terms and Conditions. You agree to be bound by any and all
other terms, conditions, exclusions, and/or restrictions in this Agreement
concerning the transfer of domain name registrations. This transfer policy is subject to ICANN's transfer
policies, and we will follow those procedures where applicable. 9.
CHANGE
OF REGISTRANT: TRANSFER OWNERSHIP. General.
The following additional terms and conditions contained in this section
apply to any change in the registrant or account holder's name for a domain
name registered with Dynadot, including but not limited to transfer of
ownership of a registered domain name from one party to another party. These terms and conditions apply to
You, whether You are the registrant before the name change ("Current
Registrant") or after the name change ("New Registrant"), or an
agent acting on behalf of either registrant. By participating in this name change transaction, You
acknowledge that You have read, understand, and agree to be bound by these
terms and conditions in addition to other terms and conditions set forth in
this Agreement. In addition, by
participating in this name change transaction, You acknowledge and agree that
Dynadot's sole responsibility under this section is to electronically process a
change in the name of the registrant of record for a particular domain name. Furthermore, by participating in this
name change transaction, You represent and warrant that You are the Current
Registrant or New Registrant, as appropriate, or its agent, who possesses the
right, power, legal capacity and authority to legally bind the Current
Registrant or New Registrant of the domain name being transferred. Obligations of Current Registrant. Current Registrant acknowledges that it
and Dynadot are currently parties to the Agreement for the registration of the
domain name being transferred.
Current Registrant relinquishes its registration of the domain name
being transferred, and hereby releases and discharges Dynadot from any and all
obligations and liabilities under this Agreement with respect to the domain
name being transferred. Current
Registrant acknowledges and agrees that it is not entitled to any refund or
credit of any fees or funds previously paid to Dynadot. Current Registrant authorizes Dynadot
to take any and all steps necessary to register the domain name being
transferred to the New Registrant, including, without limitation,
disassociating the domain name from the host servers designated by the Current
Registrant without further notice.
Current Registrant agrees to not initiate any name change transaction,
as described in this section, for any domain name registered with Dynadot
without the express written consent of New Registrant. Obligations of New Registrant. By participating in this name change
transaction, New Registrant acknowledges that it has reviewed, understands, and
agrees to be bound by and to perform in accordance with the terms and
conditions of this Agreement in effect at the time of this name change
transaction, including Dynadot's domain name dispute policy and other policies
and procedures as posted on our web site.
New Registrant hereby agrees that all rights and liabilities of Current
Registrant under this Agreement are hereby transferred and assigned to New
Registrant. New Registrant
represents and warrants the accuracy and completeness of all information
submitted for this name change transaction. New Registrant acknowledges and agrees that the term of the
domain name registration will be equal to the remaining term of the Current
Registrant at the time of the name change transaction. New Registrant may extend the domain
name registration term by renewing the domain name as specified in other
sections of this Agreement. Liability for Validity of Ownership Change. You, as either Current Registrant or
New Registrant, agree to assume full and complete responsibility for, and agree
that Dynadot shall have no responsibility or liability for, the legal validity
of the ownership change of the domain name. Privacy and Communications Concerning Ownership
Changes. You, as either Current
Registrant or New Registrant, agree and give consent to Dynadot to transmit
emails, relay communications, and place logs and status updates in Your account
information, or that of the other party or parties involved in a name change
transaction ("Other Party"), concerning any name change transaction
to which You may be a party. You
or the Other Party may receive information or communications concerning the
Current Registrant or New Registrant, as the case may be, including but not
limited to account holder's username, registrant name, address, telephone
number, email address, domain name being transferred between owners, initiation
of a name change transaction, successful completion of a name change
transaction, failure to authorize a name change transaction, dates of activity,
and other information or communications relating to the name change
transaction. You agree that
Dynadot shall not be responsible for any incorrect or inaccurate information
supplied by You or the Other Party in connection with a name change
transaction. Additional Provisions for .EU Ownership
Changes. You understand and agree
that ownership changes of .eu domain names will be treated by Dynadot and the
Registry Operator as a "Trade".
A Trade of a .eu domain is treated like a new domain registration in
that the New Registrant must pay the registration fee as specified on our web
site. You understand and agree that the New Registrant will receive only one
(1) calendar year of registration time starting from the date that the Trade
transaction completes, regardless of the date of initial registration by the
Current Registrant. You understand and agree that Dynadot is not responsible or
liable to either the Current Registrant or the New Registrant for any lost time
on the registration term, and that Dynadot will not refund or credit that lost
time to You. 10.
DOMAIN
PRIVACY SERVICE. The following additional terms and conditions
contained in this section apply where You authorize and direct Dynadot to
display alternate contact information in the public WHOIS database for a domain
name's Registrant, Administrative Contact, and Technical Contact ("Domain
Privacy"). By purchasing the
Domain Privacy Service for a particular domain name registration, You
understand and agree that Dynadot will display the Registrant's name, a Dynadot
email address, Dynadot post office box mailing address, and Dynadot telephone
number in the public WHOIS database.
These terms and conditions apply to all circumstances where You utilize
Dynadot's contact information for display in the public WHOIS database for any
domain name You register. You
agree to pay any and all fees to Dynadot as set forth on our web site. Filtering and Forwarding Communications. You understand and agree that Dynadot
will receive all email, postal mail and telephone communications on Your
behalf. You further understand and
agree that Dynadot will open, listen to, and review all email, postal mail and
telephone communications and forward such communications to You at the email
address You provide to Dynadot during the domain name registration
process. You understand and agree
that any postal mail communications will be scanned into electronic form and
forwarded to You at the email address You provide to Dynadot during the domain
name registration process. You
understand that You may provide written request to Dynadot within five (5) days
of the date that Dynadot forwards postal mail communications to You via email
in order to request that a copy of the scanned mail be forwarded to You via
postal mail at Your expense. You
agree that You are responsible for paying all fees and costs associated with
Dynadot providing such forwarding service to You. You acknowledge and agree that if You do not direct us in
writing to forward to You a copy of the scanned postal mail within the five (5)
day period, Dynadot will destroy such postal mail. You further acknowledge and
agree that Dynadot will destroy all other communications within five (5) days
of the date that Dynadot forwards the communication to You. You specifically acknowledge and agree
that Dynadot will destroy all communications that appear to be third class,
"junk" mail, and spam mail (i.e., unsolicited and bulk
communications). Valid Email Address. You agree to provide Dynadot with a valid email address in
connection with Your domain name registration. You acknowledge that You may not receive messages sent to an
email address that is invalid, inactive, expired, or unable to receive messages
for any reason and at any time. Waiver and Limited Liability. 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 Dynadot. You acknowledge
and agree that Dynadot disclaims any and all loss or liability that may result
from Your use of the Domain Privacy 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
dispute resolution complaints. Additional Circumstances for Interruption of
Services. You hereby agree that
Dynadot has the absolute right and power, in its sole discretion and without
notice or liability to You whatsoever, to: (a) reveal to third parties the contact information You
provided to Dynadot during the domain name registration process; and, (b)
suspend, terminate, or otherwise interrupt Your Domain Privacy service, as
follows: (i)
if
any third party claims that the domain name violates a trademark, copyright, or
other intellectual property right, regardless of whether the claim is valid; (ii)
if
any third party claims that You are using the domain name in a manner that
violates any law, rule, regulation, or ordinance, or otherwise violates a third
party's legal rights, regardless of whether the claim is valid; (iii)
if
any third party threatens legal action against Dynadot that is related to or
arises out of Your domain name registration; (iv)
to
avoid any financial loss or legal liability (civil or criminal) on the part of
Dynadot, and any of its agents, employees, officers, directors, shareholders,
members, and affiliates; (v)
to
comply with Dynadot policies, this Agreement, ICANN policies, subpoenas, court
orders, or the laws, rules, and requirements of any governmental or law enforcement
agency, or as otherwise required by contract or law; or, (vi)
if
Dynadot determines, in our sole discretion, that You are abusing the Domain
Privacy service by using it as a general forwarding service of Your personal or
business communications. You agree that, at all times and in our sole
discretion, Dynadot retains the right to refuse or deny Domain Privacy
service. You acknowledge and agree
that You are not entitled to any refund or credit of any fees or funds
previously paid to Dynadot in the event that Your Domain Privacy service is
terminated or interrupted for any reason, except as specifically stated in the
Interruption of Domain Services section of this Agreement. Transfers.
You acknowledge and agree that You may be required to disable any Domain
Privacy service You may have purchased for a particular domain name in order to
initiate or complete a transfer of that domain name registration. Other Terms and Conditions. You agree to be bound by any and all
other terms, conditions, exclusions, and/or restrictions in this Agreement
concerning the purchase or use of Domain Privacy service. Restrictions. You acknowledge and agree that You are not permitted to
purchase or use Domain Privacy service in connection with any .us, .cn, or .eu
domain name registration. You
further acknowledge and agree that the .uk central registry may, in its sole
discretion, not allow the Domain Privacy service to be used by businesses who
register a .co.uk, .org.uk, and/or .me.uk country-specific domain name. You understand and agree that You will
not receive a refund or account credit for the purchase of Domain Privacy
service in the preceding circumstances. Abuse.
Any abuse of the Domain Privacy service, including, but not limited to,
utilizing Dynadot's contact information in a Whois record or in any other
manner not permitted by Dynadot in its sole discretion, without first
purchasing the Domain Privacy, or any other activity that Dynadot deems in its
sole discretion to constitute abuse or inappropriate use of the service, is
strictly prohibited. You
acknowledge and agree that Dynadot, in its sole discretion and without
liability to You for any resulting loss or damages, may take immediate
corrective action, including, but not limited to, deletion, suspension, cancellation,
termination, or other interruption of any or all of Your domain services or
Your customer account with Dynadot.
In all such cases, any and all fees paid to Dynadot shall be
non-refundable and ineligible for account credit. 11.
DOMAIN
PRE-ORDERS. The following additional terms and conditions
contained in this section apply where You authorize and direct Dynadot to
attempt to obtain registration rights for a domain name if and when the
applicable central registry launches its underlying back-order service or
sunrise period ("Pre-Order").
By Pre-Ordering a domain registration, You understand and agree that
Dynadot shall make a good faith effort to contact the applicable registry and
to register the selected domain name on Your behalf, as soon as practicable
after the launch of the back-order service or sunrise period, should that
domain name become available for registration. In order to place an order for a Pre-Ordered domain name,
You agree to pay any and all fees to Dynadot as set forth on our web site and
in accordance with the terms of this Agreement. You understand and agree that any such successful
registration of a Pre-Ordered domain name is subject to the terms and
conditions of this Agreement. No Guarantees. You understand and agree that the registration of domain
names is on a first-come first-served basis. You also acknowledge and agree that the domain name You
select for Pre-Order may not become available, for any number of reasons,
including but not limited to, the reserved-status of new top-level domain
names, blocked status, or the prior registration of the domain name by another
party. Dynadot makes no
guarantees, representations, or warranties that a particular domain name will
be available now or in the future, or at any time. You acknowledge and agree that Dynadot shall have no
liability to You for the inability to register, or non-completion of
registration of, a Pre-Ordered domain name, regardless of the reason, whether
it be technical, administrative, or human error or difficulties on the part of
Dynadot or any other party, or any other reason whatsoever. Payment; No Refunds. You agree to pay any and all fees to Dynadot as set forth on
our web site at the time You place Your order. You understand and agree that all payments for Pre-Ordered
domain names shall be non-refundable, without exception. In the event that Dynadot is not able
to register Your Pre-Ordered domain name, You shall receive an account credit
in the amount that You paid. Registry Restrictions. You acknowledge and agree that, from time to time, the
applicable central registry may impose limited and/or temporary restrictions on
use for domains available through newly launched back-order services or sunrise
periods, including, but not limited to, the ability to set Whois contact
information or domain "locked" status. You acknowledge and agree that Dynadot shall have no
liability to You for any such restrictions or limitations on use. 12.
ADDITIONAL
REQUIREMENTS FOR .COM, .NET, AND .CC REGISTRATIONS. You agree to indemnify, defend, and hold
harmless VeriSign, Inc., and its directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or relating
to Your domain name registration. 13.
ADDITIONAL
REQUIREMENTS FOR .ORG REGISTRATIONS. Indemnification. You agree to indemnify, defend, and hold harmless Public Interest Registry ("PIR") and its subcontractors, and the members, shareholders, directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out | |||||||||||||||||||||||||