1. No Illegal or Harmful Use – You may not use the Services to publish content or engage in activity that is harmful to others or illegal under applicable law, including without limitation in connection with any of the following illegal, harmful or fraudulent activities:
   1. Disclosing private sensitive personal information about others;
   2. Distributing malware or other malicious code;
   3. Engaging in the unlawful distribution of controlled substances and drug contraband;
   4. Engaging in the unlawful distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription;
   5. Gambling;
   6. Hosting child pornography or content that is potentially harmful to minors (Any website found to be hosting child pornography or linking to child pornography will be suspended immediately without notice and reported to law enforcement or the National Center for Missing and Exploited Children (NMEC);
   7. Hosting FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or related sites;
   8. Hosting or linking to a website intended to deceive the public including, but not limited to sites listed at aa419.org & escrow-fraud.com;
   9. Hosting or linking to an anonymous proxy server;
   10. Infringing upon the Intellectual Property Rights of Others. This includes, but is not limited to, the unauthorized copying or distribution of movies, music, books, photographs, software/warez, or any other copyrighted work. If you believe that your intellectual property rights are being infringed upon, please notify us by completing the Report Abuse form, or emailing us at [email protected];
   11. Money laundering;
   12. Phishing or engaging in identity theft; and
   13. Selling weapons or ammunition.
2. No Unauthorized System Access or Network Abuse – You may not use the Services to gain access into any network or system without permission. Prohibited activities include:
   1. Accessing another network without permission, to probe or scan for vulnerabilities or breach security or authentication measures;
   2. Attacking other networks (i.e. Denial of Service (DoS) attacks);
   3. Intercepting or monitoring data without permission;
   4. Running a file sharing site;
   5. Running any software that interfaces with an IRC (Internet Relay Chat) network;
   6. Using any deep-link, page-scrape, robot, crawl, index, spider, offline reader, click spam, macro programs, internet agent, or other automatic device, program, algorithm or methodology which does the same things, to use, access, copy, index, acquire information, generate impressions or clicks, input information, store information, search, generate searches, or monitor any portion of our website or servers for any unauthorized purpose;
3. Don’t Hamper System Performance – Consuming excessive amount of server resources is prohibited. This leads to server performance issues and may cause a disruption to our systems or other customers. Use of any scripts or processes that may adversely impact our systems is prohibited.
4. No Adult Content – You may not use the Services to distribute pornography or other adult-related content or offer any escort services.
5. No Storage of Backups – Backing up personal data to a hosting account is prohibited. Our Services are designed to host your website, not serve as a data repository. We reserve the right to remove backups from your hosting account.

1. You may not use the Services to send spam or bulk unsolicited messages. We maintain a zero tolerance policy for use of its network or services in any manner associated with the transmission, distribution or delivery of any bulk e-mail, including unsolicited bulk or unsolicited commercial e-mail, or the sending, assisting, or commissioning the transmission of commercial e-mail that does not comply with the U.S. CAN-SPAM Act of 2003 (“SPAM”).
2. “Safe lists,” purchased lists, and selling of lists will be treated as SPAM. We may terminate the account of any User who sends out SPAM with or without notice.
3. Websites advertised via SPAM (i.e. Spamvertised) may not be hosted on our servers. This provision includes, but is not limited to, SPAM sent via fax, phone, postal mail, email, instant messaging, or usenet/newsgroups. No organization or entity listed in the ROKSO may use our Services. Any User account which results in our IP space being blacklisted will be immediately suspended and/or terminated.
4. Please familiarize yourself with the CAN-SPAM Act. Information about the CAN-SPAM Act may be found by accessing the following link: https://www.ftc.gov/tips-advice/business-center/guidance/can-spam-act-compliance-guide-business

1. 1. We value the freedom of expression and encourages Users to be respectful with the content they post. As a webhost, we are not a publisher of User content and generally not in a position to investigate the veracity of individual defamation claims or to determine whether certain material, which we may find objectionable, should be censored. Accordingly, we generally require a court order from a court of competent jurisdiction, as determined by the Company in its sole discretion, to take down alleged defamatory or objectionable content. However, we reserve the right to disable or remove any content to prevent harm to others or to the Company, as determined in our sole discretion.

1. Resellers.
   1. If there is a violation of this AUP by a User of a Reseller, we will suspend the account in question and notify the Reseller so that the Reseller can address the matter with the User. The occurrence of additional violations on a User account may result in the immediate suspensions or termination of your Reseller account.
2. Direct customers.
   1. Your Services may be terminated with or without notice upon any violation of this AUP.
3. If applicable, violations will be reported to the appropriate law enforcement agency.
4. A failure to respond to an email from our compliance team within forty-eight (48) hours, or as otherwise specified in the email, may result in the suspension or termination of your Services.
5. We reserve the right to enforce, or not enforce, this AUP in our sole discretion.

1. Name, address, phone number, email address (if available) and physical or electronic signature of the copyright owner or a person authorized to act on the copyright owner’s behalf;
2. Identification of the copyrighted work(s);
3. Identification of the infringing material you are asking us to remove or disable, and the Internet location of the infringing material;
4. Any additional information required to be included in a copyright infringement complaint under applicable law (as we may request from you as necessary)
5. A statement that you have a good faith belief that use of the disputed material is not authorized by the copyright owner, its agent or the law;
6. A statement that the information in the complaint is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed; AND
7. Your signature.

• Email the signed notification to : [email protected]
• Mail the signed notification to: publicdomainregistry, ATTN: DMCA Compliance, Unit No.401, 4th floor, IT Bldg 3, Nesco IT Park, Nesco Complex, Western Express Highway, Goregaon (East), Mumbai-400063. Maharashtra.

• A physical or electronic signature;
• Identification of the material that has been removed or to which access has been disabled and the location at which the material appeared before it was removed or access to it was disabled;
• A statement under penalty of perjury that you have a good faith belief that the material was removed or disabled as a result of mistake or misidentification of the material to be removed or disabled; and
• Your name, address, and telephone number, and a statement that the customer consents to the jurisdiction of Federal District Court for the judicial district in which you are located, or if your address is outside of the United States, the jurisdiction of the U.S. District Court for the District of Massachusetts, and that you will accept service of process from the complainant or the complainant’s agent.

1. Privacy Notice. Please see PublicDomainRegistry’s Privacy Notice for further information on what information PublicDomainRegistry collects, how it is used and when it may be disclosed. Subject to PublicDomainRegistry’s Privacy Notice, this Data Request Policy describes the types of data requests that PublicDomainRegistry may receive and how PublicDomainRegistry may respond to such requests.
2. Types of Requests. PublicDomainRegistry may receive the following types of requests concerning its Subscribers:
   1. Data Requests. A data request is a request for information or documents relating to Subscriber accounts in connection with official criminal investigations or other legal proceedings. Except in limited emergency situations (see below), PublicDomainRegistry requires data requests to be made through formal U.S. legal process and procedures, and such requests will be handled in accordance with applicable law. Examples of acceptable data requests include:
      1. Subpoenas
      2. Court Orders
      3. Search Warrants
      4. Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
      5. Other forms of legal process such as Civil Investigative Demands
   2. Preservation Requests. A preservation request asks PublicDomainRegistry to preserve Subscriber account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
      1. Identification of the account(s) at issue (as further described in Section 6 below);
      2. Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead);
      3. Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that PublicDomainRegistry is being asked to preserve; and
      4. A valid return email address and phone number.
3. Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
4. Disclosure of Non-Public Domain Registrant Information. As the sponsoring registrar or reseller of certain domain names governed by the Internet Corporation for Assigned Names and Numbers (“ICANN”), PublicDomainRegistry must permit third parties with a legitimate interest to access masked (non-public) registrant information subject to the data subject’s rights under the General Data Protection Regulation (“GDPR”) or other similar privacy laws as applicable.
5. Notice to PublicDomainRegistry Subscribers. PublicDomainRegistry’s policy is to notify its Subscribers of requests for their data unless PublicDomainRegistry is prohibited from doing so by applicable law or court order.
6. Information to Include in a Request. The following information must be included in a request for Subscriber data:
   1. First and last name of the Subscriber and email address associated with the account; and
   2. Domain name, username and/or IP address associated with the account.
7. NOTE. A Request that only includes an IP address may be overly broad and insufficient for PublicDomainRegistry to locate a Subscriber account. Please include additional identifiers such domain name or username whenever possible. PublicDomainRegistry may not be able to respond to a request without this information.

7. Sending a Request to PublicDomainRegistry. All data requests should be sent to:

Attn: PublicDomainRegistry Unit 401, 4th floor, IT Bldg 3, Nesco IT Park, Nesco Complex, Western Express Highway, Goregaon (East), Mumbai-400063. Maharashtra.

Email : [email protected]

IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND VIA EMAIL AND DO NOT RECEIVE A RESPONSE FROM PublicDomainRegistry, PLEASE SUBMIT A DUPLICATE COPY VIA MAIL. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY PublicDomainRegistry AND ACTED ON IN A TIMELY MANNER.

8. Fees. PublicDomainRegistry may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
9. Available Information. Subject to receiving a valid request, PublicDomainRegistry may provide data as follows:
   1. Non-Content. We will produce non-content information such as basic subscriber information which may include the following subject to a valid request:
      1. Name
      2. Email addresses
      3. Date and time of account creation
      4. Billing information
      5. IP Logs

   2. Content. PublicDomainRegistry will only produce Subscriber content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

1. Our Services

1. 1. You accept all terms and conditions of this Registration Agreement and the the Company’s Terms of Service and its ancillary documents;
   2. The Company accepts (in its sole discretion) your domain registration application;
   3. The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and
   4. The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
2. Limitation of Liability

3. Multiple Domain Registrations

4. Fees
   1. Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by the Company, you agree to pay the Company, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
   2. Reservation of right to modify fees. The Company reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days’ notice, for any reason, at its sole discretion.
   3. Credit card charge-backs for domain registrations. In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. the Company also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your domain registration, subject to the Company’s receipt of the registration fee and any administrative and/or chargeback fees described above.
   4. Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate your services, subject to the Company’s receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.
5. Required Domain Registration Information
   1. Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the “Registration Information”):
      • The domain registrant’s name and postal address;
      • The domain being requested;
      • Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
      • Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
      • Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
   2. Additional registration information. In addition, in accordance with ICANN policies, the Company is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, “Additional Registration Information”):
      • The original creation date of the domain registration;
      • The submission date and time of the registration to us and by us to the proper registry;
      • Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
      • Account records for your domain registration, including dates and amounts of all payments and refunds;
      • The IP addresses of the primary nameserver and any secondary nameservers for the domain;
      • The corresponding names of those nameservers;
      • The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
      • The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
      • The expiration date of the registration; and
      • Information regarding all other activity between you and us regarding your domain registration and related services.
   3. Use of Registration Information and Additional Registration Information. You agree and acknowledge that the Company will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Company may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
   4. Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing the Company’s domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by the Company concerning the accuracy of the Registration Information or to contact the Company immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
   5. Information requirements for renewals. Upon renewal of your domain registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, your domain registration may not be renewed.
   6. Ownership of data. You agree and acknowledge that the Company owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that the Company may use the following information for those domain 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, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. The Company does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. The Company agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
   7. Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder’s email address within 15 days of any registration, transfer, or change to the Registered Name Holder’s contact information. The Domain Name Holder’s failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder’s failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

6. Domain Privacy Service
   1. If you purchased domain privacy services (“Domain Privacy”), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Company as determined in its sole discretion (the “Private WHOIS Contact Information”). Pricing is available here.
   2. Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
   3. The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. The Company may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
   4. Notwithstanding anything to the contrary, you agree that the Company may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize the Company to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that the Company is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, the Company will NOT forward “junk” mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize the Company to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by the Company.
   5. If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
   6. Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.
   7. The Company expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
      • To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
      • To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
      • To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party’s trademark, trade name, or other legal rights;
      • In the event you breach any provision of this Registration Agreement or any other agreement you’ve entered into with the Company, including, but not limited to, the Terms of Service;
      • To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
      • To avoid any financial loss or legal liability (civil or criminal) on the part of the Company, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
      • To prevent inappropriate activity that comes to the Company’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
   8. Pursuant to paragraph 3.7.7.3 of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.
7. Domain Parking
   1. Upon registration, the domain will be automatically placed on name servers provided by the Company, and Internet users that type in the domain will be redirected to a “coming soon” page (collectively, “parking a domain” or a “parked domain”). There is no charge for parking a domain. You hereby consent to and authorize the Company’s placement of a “coming soon” page, and its associated contents, on your parked domain. You may change the name server configuration (or “un-park” the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with the Company until you modify the name servers after the domain registration is complete, using your account manager.
   2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.
   3. The “coming soon” and/or “expired” pages may contain advertisements and other materials selected by the Company, in the Company’s sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. The Company reserves the right to collect and retain all revenue obtained from such advertising and other materials.
   4. DNS Wildcard. In the event you utilize the Company’s DNS management services and fail to configure a wildcard DNS for your domain, the Company may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. The Company may point those subdomains to a web page that may contain advertisements and other materials selected by the Company in the Company’s sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.
8. Registration Renewal
   1. Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. the Company shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
   2. You may be notified at the Company’s sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew. Additional information about domain renewals and domain deletions are available here and here respectively. Current renewal and redemption fees are available here.
   3. Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in the Company’s automatic renewal process. The Company must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, the Company will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with the Company, at the Company’s then current rates. You are solely responsible for the credit card or other payment information you provide to the Company and must promptly inform the Company of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and the Company shall not be liable for your failure.
   4. Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer (“ED Transfer”).
   5. New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, the Company at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.
9. Domain Dispute Resolution Policy

You agree to be bound by the appropriate domain dispute resolution policy (“Dispute Policy”) applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold the Company harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain (“SLD”) name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder’s domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”) and to submit to any proceedings commenced pursuant to the URS, if applicable.

10. Change of Registrant Of Domains
    1. Change of Registrant. Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
    2. We are required to deny a change of registrant for any of the following reasons:
       • the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
       • the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
       • the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
         • Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
         • Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
         • Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
         • a court order.
       • Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
       • Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
    3. Designated Agent. You hereby explicitly authorize us to act as “Designated Agent” to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with and pursuant to the requirements of ICANN’s Transfer Policy.
    4. Transfer of registration to another registrant. The entity or person named as the “registrant” at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, the Company reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by the Company in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying the Company the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
    5. When changing the name of registrant within the Company, you agree that at the Company’s discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at the Company’s discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by the Company in its sole discretion.
    6. Transfer of registration to or from another registrar. When transferring a domain name into the Company as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. At the time of transfer into the Company, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. the Company may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
    7. RESTRICTIONS ON REGISTRAR TRANSFERS. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into the Company. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by the Company to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
    8. For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Transfer Policy (available here).
11. Agents and Licensing

You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company’s discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

12. Representations and Warranties

In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this Registration Agreement, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain registration is accurate.

13. Indemnification
    1. Indemnification of the Company. You will indemnify, hold harmless, and defend the Company and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of the Company’s policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. the Company may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. The Company will provide you with reasonably prompt notice of any Claim.
    2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys’ fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
    3. These indemnification obligations shall survive the termination or expiration of this Registration Agreement.
14. Warranty Disclaimer; Limitation of Liability
    1. Disclaimer of warranty. THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
    2. Limitation of liability. YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO 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 THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
15. Term and Termination
    1. Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, “Termination”). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
    2. Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, “Cancellation”) (a) to correct mistakes by the Company, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else’s rights, prior to registration. If the domain name you have registered is found to be infringing on another person’s rights, determined in the Company’s discretion, the Company has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that the Company shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as the Company receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
    3. Termination. The Company reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by the Company; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by the Company in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
    4. Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.
16. Additional Terms
    1. Personal Data. The Company incorporates its Privacy Notice by reference. Please read our Privacy Notice by clicking here. In addition, you hereby represent that you have provided the Company’s Privacy Notice to any person whose personal data you disclose to the Company and that you have obtained their consent to the foregoing.
    2. Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by as follows. Unless you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India.

Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.

1. 3. Arbitration. Your use of the Services is also governed by the following:

Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here.

Alternatively, if you are in India, the following provision applies to you:

All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

1. 4. Notices. You agree that any notices required to be given under this Registration Agreement by the Company to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
   5. Relationship. The Company and you are independent contractors and nothing contained in this Registration Agreement places the Company and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
   6. Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
   7. Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
   8. Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of the Company and/or without using the Company’s domain transfer process in compliance with ICANN’s policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. The Company may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that the Company may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
   9. Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, “Company Content”), are the proprietary property of the Company. No Company Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any Company Content. Any use of the Company Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the Company Content granted herein. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
   10. Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

APPENDIX 1.

For current Registrant Educational Information and Registrants’ Benefits and Responsibilities please visit: https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en

ADDITIONAL REGISTRY REQUIREMENTS

Index

1. Who We Are
2. Information Collected
3. Information Use
4. Disclosing Information
5. Your Options
6. Data Security
7. Children
8. Reseller Relationships
9. Changes to this Policy
10. Contacting Us

1. Who We Are

2. Information Collected

3. Information Use

4. Disclosing Information

5. Your Options

6. Data Security

7. Children

8. Reseller Relationships

9. Changes to this Policy

10. Contacting Us

1. DEFINITIONS
   1. “Advance Account” refers to the balance of funds maintained by Reseller with Registrar as required in the Reseller Program.
   2. “Business Day” refers to a weekday, Monday through Friday, excluding all India public holidays.
   3. “Confidential Information,” as used in this Agreement, shall mean all data, information and materials including, without limitation, computer software, data, information, databases, protocols, reference implementation, documentation, functional and interface specifications, provided by Registrar to Reseller under this Agreement, whether written, transmitted, oral, through Registrar Website or otherwise, that is marked as “Confidential” or that by its nature and content, it is reasonable to believe is confidential and proprietary.
   4. “Customer” refers to the customer of Reseller and/or any and all of its ultimate customers.
   5. “Fees” refers to the payment due to Registrar pursuant to any Order.
   6. “gTLD” refers to the top-level domain(s) of the DNS delegated by ICANN pursuant to a registry agreement that is in full force and effect, and does not include any country code TLD (“ccTLD”) or internationalized domain name (“IDN”) country code TLD.
   7. “ICANN” is the Internet Corporation for Assigned Names and Numbers.
   8. “Order” refers to a Registrar Service purchased directly or indirectly by a Reseller, pursuant to this Agreement.
   9. “Personal Data” is data about any identified or identifiable natural person.
   10. “RAA” is the Registrar Accreditation Agreement entered into by ICANN and Registrar, or one of its affiliated companies.
   11. “Registered Name” is a domain name within the domain of a gTLD or ccTLD, consisting of two or more levels (e.g., john.smith.name), for which a TLD Registry Operator (or an Affiliate or subcontractor thereof engaged in providing registry services) maintains data in a database operated by the Registry Operator, arranges for such maintenance, or derives revenue from such maintenance.
   12. “Registered Name Holder” is the owner of a Registered Name as listed in the Whois record.
   13. “Registrar Services” refers to all products and services of Registrar which it has provided, rendered, or sold or is providing, rendering, or selling through Reseller pursuant to this Agreement, including, but not limited to, domain registration, renewal, and transfer.
   14. “Registrar Servers” refers to Web servers, mailing list servers, database servers, and any other machines or servers that Registrar or its Service Providers operate for the Registrar Website, Registrar Services and any other operations required to fulfill services and operations of Registrar.
   15. “Registrar Website” refers to [www.manage.publicdomainregistry.com].
   16. “Registry Operator” is the person or entity responsible for providing registry services for a specific gTLD or ccTLD.
   17. “Reseller Contact Details” refers to the name, address, phone number, fax number, email address, and website(s) of Reseller that Reseller provides to Registrar.
   18. “Reseller Program” refers to any of Registrar’s current reseller programs which provide Resellers and its Customers with direct or indirect use of the Company’s servers, software, interfaces, products and API and third party products, as currently described or later modified, and any reseller programs to be offered by Registrar in the future.
   19. “Service Providers” refers individually and collectively to any third party that Registrar may, directly or indirectly, engage, employ, outsource, or contract with for the fulfillment, provision, or purchase of Registrar Services and any other services and operations of Registrar, and shall have the same rights as Registrar to the extent required to perform services pursuant to the terms of this Agreement and as authorized by Registrar.

2. RIGHTS AND OBLIGATIONS OF REGISTRAR
   1. Pursuant to the Whois Accuracy Specification Program published by ICANN, Registrar shall verify the email address of the Registered Name Holder by sending an email to the Registered Name Holder requiring an affirmative response from the Registered Name Holder which must be returned in a manner designated by the Registrar. Such verification must occur within fifteen (15) days of registration, transfer, or modification of the Registered Name Holder’s Whois contact information. If the Registered Name Holder fails to verify the email address, Registrar shall suspend the Registered Name. In addition, within fifteen (15) calendar days after receiving any changes to the Whois contact information related to any Registered Name sponsored by Registrar, Registrar shall attempt to validate such change. If the Registered Name Holder fails to verify the contact changes, Registrar shall suspend the Registered Name.
   2. Pursuant to the Expired Registration Recovery Policy (the “ERRP”), Reseller shall send expiration renewal reminders to the Registered Name Holder via email and may also be required to interrupt services to the domain upon expiration as applicable pursuant to the ERRP.
   3. Registrar expressly reserves the right to deny any Order or cancel any Order within thirty (30) days of processing. In such case, Registrar may refund the fees charged for the Order, after deducting any processing charges for the Order.
   4. Notwithstanding anything to the contrary, Registrar, expressly reserves the right to, without notice or refund: (i) access, delete, suspend, deny, cancel, modify, intercept, analyze, copy, backup, redirect, log usage of, monitor, limit access to or of, take ownership of, or transfer any Order; (ii) delete, suspend, freeze, or modify Reseller’s access to Registrar Services; (iii) publish, transmit, share data from any Order with any person or entity, or contact any entity associated with an Order, to recover any payment from Reseller for any service rendered by Registrar including services related to this Agreement for which Reseller has been notified and requested to remit payment; (iv) publish, transmit, share data from any Order with any person or entity, or contact any entity associated with any Order, or (v) correct any mistakes associated with any Order, including with processing or executing any Order, with retroactive effect.
   5. Registrar may terminate this Agreement at any time, with or without notice, in its sole discretion: (i) in the case of any actual or potential breach or violation of this Agreement by Reseller or its Customers; (ii) to protect the integrity and stability of Registrar Services, or (iii) to comply with any applicable laws, government rules or requirements, or any applicable dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of Registrar and/or its Service Providers, or their affiliates, subsidiaries, officers, directors and employees.
   6. In case an Order has expired, is suspended, or if a Registered Name does not contain valid information to direct it to any destination, Registrar may redirect any Registered Name to any Internet Protocol (“IP”) address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for monetization purposes. Reseller acknowledges that Registrar does not control and is not able to monitor the content on any redirected web page, including whether the content infringes any legal rights, including but not limited to, intellectual property rights or violates any other rights or any applicable rule, regulation or law. Accordingly, Registrar expressly disclaims any liability or damages caused directly or indirectly by such redirection.
   7. Registrar may terminate any Reseller or Customer account that Registrar determines, in its sole discretion, is in violation of any U.S. sanctions, export or import laws, any executive orders, or any rules, regulations or orders issued by the U.S. Department of the Treasury’s Office of Foreign Asset Control (“OFAC”).
   8. Registrar may utilize all information necessary from any and all Orders to comply with the data escrow deposit requirements established by paragraph 3.6 of the RAA and any other policies and procedures established by ICANN relating to data escrow deposits.

3. RIGHTS AND OBLIGATIONS OF RESELLER
   1. Reseller must enter into a paper or electronic registration agreement with each of its Customers substantially similar to the Domain Registration Agreement between you and the Company. The registration agreement shall contain all provisions and notices required by the RAA and any applicable ICANN Consensus Policies, including, but not limited to the following:
      1. Reseller shall require its Customers to submit accurate and reliable contact details and to correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: full name, postal address, e-mail address, telephone number, and fax number, if available, of the Registered Name Holder; name of authorized person for contact purposes if the Registered Name Holder is an organization, association, or corporation; and the data elements listed in RAA Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
      2. A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar via Reseller within seven (7) days of any change, or its failure to respond for more than fifteen (15) days to inquiries by Reseller or Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration, shall constitute a material breach of the registration agreement between Customer and Reseller and will be a basis for suspension and/or cancellation of the Registered Name registration.
      3. Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information sufficient to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
      4. Reseller shall notify each new or renewed Registered Name Holder of, and shall obtain consent for, each of the following:
         1. The purposes for which any Personal Data collected from the Customer are intended;
         2. The intended recipients or categories of recipients of the data ,including Registrar and the Registry Operator and others who will receive the data from Registry Operator;
         3. Which data are obligatory and which data, if any, are voluntary; and
         4. How the Registered Name Holder or data subject can access and, if necessary, correct the data held about them.
      5. Registered Name Holder shall represent that notice has been provided equivalent to that described in RAA Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in RAA Subsection 3.7.7.5 of any such third-party individuals.
      6. Reseller agrees that it will not process Personal Data collected from the Registered Name Holder in any way incompatible with the purposes or limitations stated in its notice to the Registered Name Holder provided in accordance with RAA Subsection 3.7.7.4.
      7. Reseller agrees that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
      8. Registered Name Holder shall represent that, to the best of the Registered Name Holder’s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
      9. For the adjudication of disputes concerning or arising from use of a Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.
      10. Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN specification or policy, or pursuant to any registrar or registry procedure not inconsistent with any ICANN specification or policy: (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
      11. Customer shall indemnify and hold harmless both Registrar and Registry Operator and each of 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 Registered Name Holder’s domain name registration.
      12. Reseller shall identify the registrar of record when requested.
      13. Reseller shall require its Customers to consent to ICANN’s Uniform Domain-Name Dispute-Resolution Policy and Uniform Rapid Suspension (URS).
      14. Reseller shall require its Customers to agree to explicitly authorize us to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy.
   2. Reseller agrees that Registrar Services under this agreement may be made available to a Customer only after the Customer enters into a legally binding agreement which is no less protective of Registrar than this Agreement and which contains the requirements contained herein as applicable to Reseller. Reseller acknowledges and agrees that Reseller will be responsible for ensuring Customer compliance with applicable terms and conditions and shall be responsible for any liability resulting from Customer’s noncompliance with such terms and conditions.
   3. Reseller shall identify the sponsoring registrar upon inquiry from Customer.
   4. Reseller shall comply with any ICANN-adopted Specification or Policy that establishes a program for accreditation of providers of proxy and privacy registration services (a “Proxy Accreditation Program”). Among other features, the Proxy Accreditation Program may require that: (i) proxy and privacy registration services may only be provided by individuals or entities accredited by ICANN pursuant to such Proxy Accreditation Program; and (ii) Registrar prohibit Resellers from knowingly accepting registrations from any provider of proxy and privacy registration services that is not Accredited by ICANN pursuant to the Proxy Accreditation Program. Until such time as the Proxy Accreditation Program is established, Reseller shall comply with the Specification on Privacy and Proxy Registrations.
   5. Reseller shall clearly display on any website it operates for domain registration or renewal a link to ICANN’s Registrants’ Benefits and Responsibilities (currently available at http://www.icann.org/en/resources/registrars/registrant-rights/benefits) and shall not take any action inconsistent with the corresponding provisions of the RAA or applicable law.
   6. Reseller shall clearly display on any website it operates for domain registration or renewal a link to the appropriate ICANN webpage detailing Registrant Educational Information (currently available at http://www.icann.org/en/resources/registrars/registrant-rights/educational).
   7. Reseller shall not display the ICANN or ICANN-Accredited Registrar logo, or otherwise represent themselves as accredited by ICANN, unless they have written permission from ICANN to do so.
   8. Reseller shall be responsible for providing customer service, billing support, and technical support to Customers unless otherwise provided in the terms on the applicable Reseller Program webpage on our website.
   9. Reseller acknowledges that in the event of any dispute and/or discrepancy concerning any data element of any transaction, the data element in Registrar’s records shall prevail.
   10. Reseller acknowledges that all information about Customer that Reseller transmits to Registrar is accessible by Registrar.
   11. Reseller shall not make any changes to any information or configuration of an Order without explicit authorization from Customer of that Order.
   12. Reseller acknowledges that Registrar Services may be obtained through Service Providers, and as such, changes in structure or contracts may occur, and as a result services may be adversely affected. Reseller acknowledges and agrees that Registrar shall not have any liability associated with any such occasion.
   13. Reseller agrees to provide to Registrar complete and accurate Reseller Contact Details and to update any Reseller Contact Details within seven (7) calendar days of any change.
   14. During the Term of this Agreement and for two (2) years thereafter, Reseller shall maintain the following records relating to its dealings with us, Customers, prospective Customers and/or their agents or authorized representatives, in electronic, paper or microfilm form:
       1. All current and past Orders with Reseller, including dates and amounts of all payments, discount, credits and refunds;
       2. Customer’s acceptance of Reseller’s registration agreement, including date, time, and Registered Name;
       3. All information relating to the request for a transfer of a Registered Name to or from Registrar, in accordance with ICANN’s Transfer Policy; and
       4. All written communications with respect to Registrar Services.
   15. Reseller shall provide these records to us within seven (7) calendar days of our request.
   16. Reseller shall provide notice to each new or renewed Registered Name Holder stating: (i) the purposes for which any Personal Data collected from Customer are intended; (ii) the intended recipients or categories of recipients of the data (including Registrar, Registry Operator and others who will receive the data from Registry Operator); (iii) which data are obligatory and which data, if any, are voluntary; and (iv) how the Registered Name Holder or data subject can access and, if necessary, correct the data held about them. The Registered Name Holder shall consent to the data processing referred to here.
   17. Reseller shall ensure that the identity and contact information provided by Customer of any privacy or proxy registration service offered or made available by Reseller in connection with each registration will be deposited with Registrar or, alternatively, display a conspicuous notice to such Customers, at the time an election is made to utilize such privacy or proxy service, that their data is not being escrowed by Registrar. In addition, Reseller shall comply with any ICANN-adopted Specification or Policy that establishes a program for accreditation of individuals or entities who provide proxy registration services.
   18. Reseller shall comply with the Data Retention Specification established by ICANN. In the event Registrar must request disclosure of any information covered by the Data Retention Specification in order to perform required self-audits or as otherwise required to comply with a request from ICANN, Reseller is required to disclose information identified in the Data Retention Specification within seven (7) calendar days of Reseller’s request. Any privacy policy established by Reseller shall disclose the potential use of this information in this manner.
   19. Reseller shall comply with the validation requirements contained in Section 1(a)-(d) of the Whois Accuracy Program Specification. Reseller will have ninety (90) days from the date of notification by Reseller to comply with the requirements of Section 1(e) of the Whois Accuracy Program Specification.
   20. Reseller shall comply with ICANN’s Expired Registration Recovery Policy.
   21. When requested by Registrar, Reseller shall comply with all requests for production of information to confirm compliance within the date specified in the request. Failure to comply with such a request shall constitute a material breach of this Agreement and may result in termination and/or temporary suspension of services pursuant to Section 5 below.
   22. Reseller shall comply with all other terms or conditions established from time to time by Registrar, Registrar’s Service Providers, ICANN, and/or Registry Operators.

4. REPRESENTATIONS AND WARRANTIES
   1. 1. Reseller represents and warrants that: (i) it is a sole proprietor, partnership, or corporation duly incorporated, validly existing and in good standing under the laws of the state/country of its domicile; (ii) it has all requisite legal power and authority to execute, deliver and perform its obligations under this Agreement; (iii) the execution, performance and delivery of this Agreement by its officers, employees and agents has been duly authorized by Reseller; (iv) no further approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by Reseller in order for it to enter into and perform its obligations under this Agreement; (v) Reseller is not located in a prohibited country subject to the sanctions or export or import laws of the U.S. government, including without limitation, any executive orders, rules, regulations or orders issued by OFAC; and (vi) there is no pending or, to the best of Reseller’s knowledge, threatened claim, action, or proceeding against Reseller, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Reseller’s trademarks, and, to the best of Reseller’s knowledge, there is no basis for any such claim, action or proceeding.
      2. Registrar represents and warrants that: (a) it is a limited liability company duly incorporated, validly existing and in good standing; (b) it has all requisite corporate power and authority to execute, deliver and perform its obligations under this Agreement; (c) the execution, performance and delivery of this Agreement by its officers, employees and agents has been duly authorized by Registrar; (d) no further approval, authorization or consent of any governmental or regulatory authority is required to be obtained or made by Registrar in order for it to enter into and perform its obligations under this Agreement; and (e) there is no pending or, to the best of Registrar’s knowledge, threatened claim, action, or proceeding against Registrar, with respect to the execution, delivery, or consummation of this Agreement, or with respect to Registrar’s trademarks, and, to the best of Registrar’s knowledge, there is no basis for any such claim, action or proceeding.
5. TERM AND TERMINATION
1. Term. The term of this Agreement commences on the date Reseller electronically accepts the Agreement and continues until terminated pursuant to the terms herein (the “Term”).
2. Termination.
   1. Termination Rights. Unless otherwise provided in this Agreement, either Party may terminate this Agreement at any time by giving the other Party thirty (30) days’ advance written notice of termination. Any domain registrations made by Reseller with Registrar during the Term of this Agreement shall remain with Registrar unless the Registered Name Holder initiates a change of registrar as outlined in Section 5(c) below. Registrar reserves the right in its sole discretion to refuse to renew domains and related services as of the effective date of termination of this Agreement.
   2. Termination for Cause. In the event that Reseller materially breaches any term of this Agreement, including any of its representations and warranties hereunder, and such breach is not substantially cured, as determined in Registrar’s sole discretion, within ten (10) calendar days after written notice of such breach is given, then Registrar may immediately terminate the Agreement by written notice to Reseller.
   3. Termination for Inactivity. In the event Reseller has no transactions for a period of one hundred and eighty (180) consecutive days and no other currently active Registrar Services purchased by Customers, Registrar may immediately terminate this Agreement by written notice to Reseller.
3. Effect of Termination.
   1. Upon termination of this Agreement, Registrar will complete the domain registrations or renewals of domain names processed by Reseller prior to the date of termination.
   2. Immediately upon any termination of this Agreement, Reseller shall transfer to Registrar all information deemed necessary by Registrar regarding the Registered Name Holders.
   3. Any and all domain name registrations made through Registrar during the Term of this Agreement shall remain with Registrar as registrar unless Registered Name Holder initiates a registrar transfer in compliance with ICANN’s Transfer Policy and any other applicable transfer policies established by ICANN and/or Registrar Operator. Registrar reserves the right in its sole discretion to refuse to renew domains and related services upon termination of this Agreement.

6. FEES, PAYMENTS & TAXES

1. Reseller Deposit. Resellers are required to maintain an Advance Account. Payment to the Advance Account may be made by credit card. Payment is expected to appear as available credit in the Advance Account within approximately forty-eight (48) hours.
2. Fees. As per the applicable Reseller Program terms, the Fees will either be deducted from the Advance Account or charged directly to the Customer when the Order is processed. Registrar reserves the right to hold or otherwise cancel any Order for which there are insufficient funds in the Advance Account to cover the fees associated with the Order. Registrar may also deduct appropriate bank charges, processing charges, or other service fees it may levy against Reseller directly from the Advance Account. Registrar reserves the right to hold or otherwise cancel any Order if Reseller does not maintain a valid credit card on file, if required by Registrar.
3. Reseller Participation Fee. Some Reseller programs require a participation fee. If required, such participation fee will be invoiced, monthly or annually, as disclosed during the registration process. The failure to pay such fee will result in the termination of Reseller’s ability to resell Registrar Services.
4. Chargebacks. In the event that Reseller issues a chargeback for any payment to Registrar, Registrar may immediately debit the Advance Account, if applicable, or charge Reseller for the amount of the chargeback as well as any fees levied against Registrar by its payment processor for such chargeback. Any negative balance on the Advance Account will be immediately due and payable via guaranteed funds. Registrar reserves the right to temporarily or permanently suspend Reseller’s access to Registrar Services or terminate this Agreement if Reseller issues a chargeback to Registrar.
5. Refunds.
   1. Reseller may be eligible for a refund of an Order in the following circumstances:
      1. Registration of a Registered Name that is deleted within the add-grace period established by the appropriate Registry Operator and for which the Registrar is eligible to receive a refund from the Registry Operator. In most circumstances, the Registry Operator requires that such deletion be requested within five (5) days of the date of the registration;
      2. Non-explicit renewals of a Registered Name for which the Registrar is eligible to receive a refund from the Registry Operator. In most circumstances, the Registry Operator requires that such refund must be requested within thirty (30) days of the date of the non-explicit renewal; or
      3. Whois privacy services that are canceled in association with Registered Names eligible for refunds pursuant to Section 6(e)(i)(i) or (ii). Such refund must be requested within thirty (30) days of the date of the Whois privacy purchase or renewal.
   2. Registrar reserves the right to issue refunds in its sole discretion at any time in connection with the events set forth in Section 6(e)(i)(i) and (ii) (each, a “Refund Event”), solely where Registrar is able to obtain a full refund from the Registry Operator for amounts paid by the Registrar for the transaction applicable to that Refund Event. If a refund is issued by Registry Operator to Registrar for a Refund Event, the amount paid by Reseller to Registrar for the transaction reversed by the Refund Event will be credited to Reseller’s credit card on file, or if Reseller has an Advance Account in place at the time of such refund, to such Advance Account, in either case within fourteen (14) Business Days of the date that Registrar actually receives the relevant refund from the Registry Operator for the Refund Event. Refunds will not accrue, and shall not be paid under any circumstances, if (A) Reseller does not submit a request for a refund to Registrar within the timeframe required by the Registry Operator in Sections 6(e)(i)(i) and (ii), (B) Reseller does not include current Reseller Contact Details with its request for such refund, or (C) Reseller’s credit card information is not on file with Registrar at the time the refund is first due to be paid or Reseller does not then have an Advance Account with Registrar. Registrar is not responsible for refunds that cannot be issued because Reseller has not provided Registrar with up to date Reseller Contact Details or does not have an appropriate credit card on file.
6. Pricing. Registrar will display the current price for each Registrar Service within Reseller’s account. Registrar has the right to modify its pricing at any time, and any such modification will be binding and effective immediately upon notification by email to Reseller or upon posting within Reseller’s account.
7. Expiration of Registered Names.
   1. Reseller acknowledges that it is Reseller’s responsibility to keep records and maintain reminders regarding the expiry of any Registrar Service purchased by or for a Customer. As a convenience to Reseller, and not as a binding commitment, we may notify Reseller of any such expiring Registrar Services via an email message sent to the email address listed in the Reseller Contact Details.
   2. Reseller acknowledges that after expiration of a Registered Name, Reseller has no rights to such Registered Name, or any information associated with it, and that control of such Registered Name shall belong to Registrar. Following expiration of a Registered Name, Registrar may choose, in its sole discretion, to delete a Registered Name or to transfer the ownership of the Registered Name to any third party. Reseller acknowledges that Registrar shall not be liable to Reseller or any third party for any action performed under this clause.
8. Taxes. Reseller shall be responsible for any and all applicable taxes in connection with this Agreement and the Registrar Services.

7. WARRANTY DISCLAIMER; LIMITATION OF LIABILITY

1. Disclaimer of warranty. REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, REGISTRAR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A REGISTERED NAME UNDER THIS AGREEMENT WILL PREVENT CHALLENGES TO THE REGISTERED NAME, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY REGISTERED NAME REGISTERED PURSUANT TO THIS AGREEMENT.
2. Limitation of liability. YOU AGREE THAT REGISTRAR AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 8 OF THIS AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (i) SUSPENSION OR LOSS OF THE REGISTERED NAME ACQUIRED PURSUANT TO THIS AGREEMENT FOR ANY REASON; (ii) USE OF THE REGISTERED NAME BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (iii) INTERRUPTION OF BUSINESS; (iv) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS TO OBTAIN THE REGISTRAR SERVICES; (v) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (vi) EVENTS BEYOND REGISTRAR’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (vii) THE PROCESSING OF ANY REGISTERED NAME; (viii) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; (ix) APPLICATION OF THE DISPUTE POLICY; OR (x) ANY LOSS OR DAMAGES THAT MAY RESULT FROM TERMINATION OF THIS AGREEMENT PURSUANT TO SECTION 2(e). REGISTRAR AND THE INDEMNIFIED PARTIES ALSO 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 REGISTRAR OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID FOR THE REGISTRATION OF THE REGISTERED NAME THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

8. INDEMNIFICATION

1. Indemnification of Registrar. Reseller shall indemnify, hold harmless, and defend Registrar and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Operators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) from any and all Claims. A “Claim” means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys’ fees and costs)), which arise out of: (i) your breach of this Agreement or any of Registrar’s policies applicable to this domain registration or related services, (ii) the operation of your domain, (iii) any negligent act or omission by you, or (iv) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this Section 8, includes without limitation, fees and costs incurred to interpret or enforce this Section 8. Registrar may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim.
2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all Claims arising out of or related to your domain registration and any disputes regarding the same. Some Registry Operators may not allow this indemnification provision to apply as contained herein, in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.

9. INTELLECTUAL PROPERTY & NON-SOLICITATION

1. Intellectual Property. Subject to the provisions of this Agreement, each Party will continue to independently own 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 owning the existing intellectual property. 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 Reseller, or by any disclosure of any Confidential Information to Reseller under this Agreement. Reseller shall further ensure Reseller does 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 Registrar Services under this Agreement. Reseller acknowledges that Registrar cannot and does not monitor whether any services or the use of the services by Reseller under this Agreement, infringes the legal rights of others.
2. Non-Solicitation. During the Term of this Agreement and for a period of one (1) year after the termination of this Agreement, Reseller agrees that it will not, and shall cause its respective affiliates to not, for any reason, directly or indirectly, solicit for employment, attempt to employ, or affirmatively assist any other person or entity in employing or soliciting for employment any person employed or hired as an employee by Registrar. Notwithstanding the foregoing, Reseller shall have the right to solicit or hire employees of Registrar when the applicable employee answers a general advertisement, responds to the posting of positions on the Internet, or responds to any other general solicitation, when the applicable employee is referred by an employment agency that does not specifically target the employees of the other, or such employee approaches Reseller without being solicited by Reseller.

10. OWNERSHIP AND USE OF DATA

1. Reseller agrees and acknowledges that Registrar owns all rights, title and interests worldwide in Registrar’s domain database (“Domain Database”), and all information and derivative works generated from such Domain Database, including without limitation information relating to Registered Names, Registered Name Holders, and the Registrar Services provided to you. You further agree and acknowledge that Registrar may use the following information in connection with providing Registrar Services and as required for domain registrations for which Registrar is the registrar of record: (i) the original creation date of the registration; (ii) the expiration date of the registration; (iii) the name, postal address, email address, telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (iv) any remarks concerning the registered domain that appear or should appear in the Whois or similar database; and (v) any other information Registrar generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. Registrar does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. Registrar agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
2. Registrar and Service Providers and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as may be required for compliance with any agreements executed by Registrar to provide the Registrar Services pursuant to the terms of this Agreement.

11. MODIFICATIONS TO REGISTRAR SERVICES AND AGREEMENT

1. Registrar reserves the right to modify or discontinue, temporarily or permanently, Registrar Services with or without notice at any time. Registrar shall not be liable to Reseller or to any third party for any modification, suspension or discontinuance of Reseller Services.
2. Except as otherwise provided in this Agreement, Reseller agrees that, during the Term of this Agreement, Registrar may revise the terms and conditions of this Agreement. Registrar will notify Reseller of any material changes to the Agreement, and, if Reseller objects, Reseller agrees that its only recourse is termination of this Agreement with ten (10) days’ prior written notice to Registrar pursuant to Section 15(f) below. In the event that revisions to the RAA or any applicable registry or other governmental or non-governmental authority contract are made, Registrar may publish an amendment substituting the revised agreement in place of this Agreement, or otherwise amending, modifying or replacing this Agreement, without prior notice to Reseller if required to do so by ICANN, applicable Registry Operator, or other governmental or non-governmental authority. Reseller agrees to periodically review the Registrar Website, including the current version of this Agreement, to be aware of any such revisions. Registrar is not bound by nor should Reseller rely on any representation by (i) any agent, representative or employee of any third party that Reseller may use to apply for the Registrar Services; or (ii) on information posted on the Registrar Website of a general informational nature. Moreover, no employee, contractor, agent or representative of Registrar is authorized to alter or amend the terms and conditions of this Agreement. Only Registrar may amend this Agreement through its authorized amendment procedures.

12. CONFIDENTIALITY

1. Use of Confidential Information. Reseller’s use and disclosure of Confidential Information disclosed hereunder are subject to the term and conditions of this Section 13. With respect to the Confidential Information, Reseller agrees that: (i) Reseller shall treat as strictly confidential, and use all reasonable efforts to preserve the secrecy and confidentiality of all Confidential Information received from Registrar, including implementing reasonable physical security measures and operating procedures designed to protect the same, which in any case, shall not be less stringent than the measures Reseller takes to protect its own confidential information; and (ii) Reseller shall make no disclosures whatsoever of any Confidential Information to others, provided however, that if Reseller is a corporation, partnership, or similar entity, disclosure is permitted to Reseller’s officers and employees who have a demonstrable need to know such Confidential Information, provided Reseller shall advise such personnel of the confidential nature of the Confidential Information and of the procedures required to maintain the confidentiality thereof. The obligations set forth in this section shall be continuing; provided, however, that this section imposes no obligation upon Reseller with respect to information that: (x) is disclosed after Registrar’s prior written approval; (y) is independently developed by Reseller without the use of the Confidential Information; or (z) is made generally available by Registrar without restriction on disclosure.
2. In the event of any termination of this Agreement: (i) all Confidential Information in Reseller’s possession shall be immediately returned to Registrar or, at Registrar’s sole option, Reseller shall certify as to the destruction of such Confidential Information; (ii) Reseller shall provide full voluntary disclosure to Registrar of any and all unauthorized disclosures and/or unauthorized uses of any Confidential Information; and (iii) the obligations of this section shall survive such termination and remain in full force and effect for a period of five (5) years.
3. Reseller agrees that Registrar shall be entitled to seek all available legal and equitable remedies for the breach of this Section 13 by Reseller.

13. ARBITRATION

Your use of the Services is also governed by the following: Unless you are in India, you also hereby agree to the Company’s Arbitration Agreement, which is incorporated into this Agreement by reference and can be found here. Alternatively, if you are in India, the following provision applies to you: All disputes, controversies and differences arising out of or relating to this Agreement, including a dispute relating to the validity or existence of this Agreement (“Dispute”) shall be referred to and resolved by arbitration in Mumbai, India under the provisions of the Arbitration and Conciliation Act, 1996; provided that, to the extent a party may suffer immediate and irreparable harm for which monetary damages would not be an adequate remedy as a result of the other party’s breach or threatened breach of any obligation hereunder, such party may seek equitable relief, including an injunction, from a court of competent jurisdiction, which shall not be subject to this Section. The arbitration tribunal shall consist of one (1) arbitrator jointly appointed by the parties within fifteen (15) days from the date of first recommendation for an arbitrator in written form for a party to the other. If the parties fail to agree on appointment of such arbitrator, then the arbitrator shall be appointed as per the provisions of Arbitration and Conciliation Act, 1996. The language of the arbitration shall be English. As part of the terms of the appointment of the arbitrator(s), the arbitrator(s) shall be required to produce a final and binding award or awards within six (6) months of the appointment of the sole arbitrator (jointly appointed by the parties). Parties shall use their best efforts to assist the arbitrator(s) to achieve this objective, and the parties agree that this six (6) month period shall only be extended in exceptional circumstances, which are to be determined by the arbitrator(s) in its absolute discretion. The arbitral award passed by the arbitrator shall be final and binding on the parties and shall be enforceable in accordance with its terms. The arbitrator shall state reasons for its findings in writing. The parties agree to be bound thereby and to act accordingly. All costs of the arbitration shall be borne equally by the parties.

14. MISCELLANEOUS

1. Personal Data. Registrar incorporates its Privacy Notice by reference. Please read our Privacy Notice by clicking here. In addition, you hereby represent that you have provided Registrar’s Privacy Notice to any person whose personal data you disclose to Registrar and that you have obtained their consent to the foregoing.
2. Force Majeure. Neither Party shall be deemed in default of this Agreement to the extent that performance of its obligations or attempts to cure any breach are delayed or prevented by reason of any act of God, fire, natural disaster, accident, riots, acts of government, or any other cause beyond the reasonable control of such Party; provided, that the Party whose performance is affected by any such event gives the other Party written notice thereof within ten (10) Business Days of such event or occurrence.
3. Governing Law. Unless you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts. If you are in India, any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based upon an alleged tort, shall be governed by the substantive laws of the Republic of India. Notwithstanding the foregoing, the United Nations Convention on Contracts for the International Sale of Goods does not apply to this Agreement.
4. Assignment. Reseller may not assign or transfer this Agreement or any of Reseller’s rights or obligations hereunder, without the prior written consent of Registrar. In addition, Reseller must comply with any applicable ICANN inter-registrar transfer process. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. Registrar may assign its rights and obligations under this Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Agreement shall be binding upon and shall inure to the benefit of the Parties hereto and their respective successors and permitted assigns. You agree that Registrar may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
5. Publicity. Reseller shall not create, publish, distribute, or permit any written, oral, or electronic material that makes reference to Registrar or its Service Providers or uses any trademarks or service marks of Registrar or its Service Providers without prior written consent. Reseller gives Registrar the right to recommend and/or refer Reseller’s name and details to Customers, and use Reseller’s name in marketing and promotional material with regard to its use of the Registrar Services.
6. Notice. Notice to Reseller shall be sufficiently given if provided in writing and transmitted by email to the current email address included in the Reseller Contact Details. Notice to Registrar shall be sufficiently given only if in writing and transmitted by email to Registrar’s email address below, delivered personally or by a nationally recognized courier service, or mailed by prepaid registered mail addressed to the Registrar at:

Attn: Endurance International Group (India) Private Limited Unit 401, 4th floor, IT Bldg 3, Nesco IT Park, Nesco Complex, Western Express Highway, Goregaon (East) Mumbai 400 063 India [email protected]

• 7. Survival. In the event of termination of this Agreement for any reason, Sections 7 (Warranty Disclaimer; Limitation of Liability), 8 (Indemnification), 9 (Intellectual Property & Non-Solicitation), 13 (Confidentiality) and 14 (Arbitration), in addition to any section that by its nature should survive termination, shall survive.
  8. Language. All notices, designations, and specifications made under this Agreement shall be made in the English language only.
  9. Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in the city of the registered office of the Registrar.
  10. Construction. Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa
  11. Disclaimer. There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
  12. No Third-Party Beneficiaries. This Agreement does not provide and shall not be construed to provide third parties (i.e., non-parties to this Agreement), including any Customer or a prospective customer of Reseller with any remedy, claim, and cause of action or privilege against Registrar or its Service Providers.
  13. Independent Contractors. Reseller and Registrar are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the Parties. Reseller will have no authority to make or accept any offers or representations on Registrar’s behalf. Reseller will not make any statement, whether on its Website or otherwise, that reasonably would contradict anything in this Agreement.
  14. Entire Agreement; Severance. This Agreement, which includes the specific policies referenced herein, constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby.
This file was last modified on 13th April, 2023.
 
 

1. Informal Process First. You agree that in the event of any dispute between you and Public Domain Registry, you will first contact us and make a good faith sustained effort to resolve the dispute before resorting to arbitration under these Terms.
2. Binding Arbitration. Any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 except for disputes relating to the infringement of our intellectual property rights or the access or use of the Service in violation of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will be resolved by binding arbitration, rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Massachusetts if your Claims qualify
3. No Judge or Jury. There is no judge or jury in arbitration, and court review of an arbitration award is limited. However, an arbitrator can award on an individual basis the same damages and relief as a court (including injunctive and declaratory relief or statutory damages), and must follow these Terms as a court would
4. Arbitrator and Rules. The arbitration will be conducted before a neutral single arbitrator, whose decision will be final and binding, and the arbitral proceedings will be governed by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes. These rules can be found on the AAA website at www.adr.org. In the event of a conflict between the commercial arbitration rules and this Arbitration Agreement, this agreement shall control, and the parties shall designate another arbitrator.
5. Starting an Arbitration. A party who intends to seek arbitration must first send written notice to Public Domain Registry’s Legal Department of its intent to arbitrate (“Notice”). The Notice to Public Domain Registry should be sent by any of the following means: (i) electronic mail to [email protected]; or (ii) sending the Notice by U.S. Postal Service certified mail to:

6. Format of Proceedings. The arbitration will be conducted, at the option of the party seeking relief, by telephone, online, or based solely on written submissions.
7. Fees. If you initiate arbitration, your arbitration fees will be limited to the filing fee set forth in the AAA’s Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was frivolous or brought for an improper purpose, we will pay all other AAA and arbitrator’s fees and expenses. Any fees greater than the filing fees of the small claims court in your home jurisdiction will be paid by Public Domain Registry.
8. Individual Basis; Jury Trial Waiver. To the fullest extent permitted by applicable law, you and Public Domain Registry each agree that any proceeding to resolve a Claim will be conducted only in the respective party’s individual capacity and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff or representative action (“Class Action”). If for any reason a Claim proceeds in court rather than in arbitration, you and Public Domain Registry each waive any right to a jury trial. You and Public Domain Registry expressly waive any ability to maintain any Class Action in any forum. If the Claim is subject to arbitration, the arbitrator will not have authority to combine or aggregate similar claims or conduct any Class Action nor make an award to any person or entity not a party to the arbitration. Any claim that all or part of this Class Action Waiver is unenforceable, unconscionable, void, or voidable may be determined only by a court of competent jurisdiction and not by an arbitrator. Further, you agree that the arbitrator may not consolidate proceedings or more than one person’s claims, and may not otherwise preside over any form of a representative or class proceeding, and that if this specific proviso is found to be unenforceable, then the entirety of this arbitration clause shall be null and void. The arbitrator may award injunctive relief only in favor of the individual party seeking relief and only to the extent necessary to provide relief warranted by that party’s individual claim.
9. Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.
10. Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions invalid or inapplicable, you and Public Domain Registry each agree to the exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and you and Public Domain Registry each agree to submit to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
11. Opting Out. If you do not want to arbitrate disputes with us and you are an individual, you may opt out of this arbitration agreement by sending an email to [email protected] within thirty (30) days of the first of the date you access or use the Service.
12. Confidentiality. The parties shall maintain the confidential nature of the arbitration proceeding and any award, including the hearing, except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or except as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision.

Domain Backorder Service Addendum This addendum (“Domain Backorder Service Addendum”) applies to you if you purchased Public Domain Registry Domain Backorder Service (the “Domain Backorder Service”) and are incorporated by reference into Public Domain Registry Terms of Service. Unless otherwise stated, defined terms in this Domain Backorder Service Addendum have the meanings provided in the Terms of Service. Public Domain Registry may modify this Addendum at any time without notice. When you subscribe to and/or are otherwise enrolled in the Domain Backorder Service, you authorize and direct Public Domain Registry affiliated registrar (the “Registrar”) to attempt the acquisition of a domain name (designated by you) on your behalf in the event such domain name becomes available for registration. By placing a backorder on a domain name, Registrar will monitor and attempt to acquire the domain name for you should it become available.

1. There’s a nonrefundable annual subscription fee for the Domain Backorder Service. Until you cancel or the domain is successfully acquired by Registrar, the Domain Backorder Service shall automatically renew for successive periods at the then current rate. Subsequent renewals of the Domain Backorder Service are also nonrefundable.
2. The Domain Backorder Service is limited to the top-level domains that are available at the time of subscription through Registrar.
3. Public Domain Registry, in its sole discretion, shall determine the prices it will charge for the Domain Backorder Service and the terms and conditions applicable to the same, and Public Domain Registry may amend such pricing and/or terms and conditions in accordance with this Agreement. If you do not agree with any such change, you may terminate the Domain Backorder Service in accordance with this Addendum, otherwise all such changes shall thereafter be effective, and you agree that the Public Domain Registry is authorized to charge your credit card or other approved payment method for any new fees.
4. You agree that when your backordered domain name is acquired, Public Domain Registry will charge you the price of the one-year domain name registration at the then current rate.
5. The Domain Backorder Service will be terminated and deleted once the domain is acquired and awarded. Multiple orders for the same domain name will be on a first come, first served basis.
6. We do not guarantee the acquisition of any domain name and expressly reserve the right to refuse backorders or cancel existing backorders at any time and for any reason at our sole discretion. Should you successfully backorder any domain name, you will be subject to the terms and conditions of our Domain Registration Agreement and related agreements, which are incorporated herein by reference.
7. You acknowledge and agree that the Services may involve access to Third Party Functionality (“Third Party Functionality”). You expressly agree that this Third Party Functionality shall be used by you in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of the Domain Backorder Service by Public Domain Registry, Registrar or the third party provider. Public Domain Registry does not control such Third Party Functionality and is therefore not liable for any issues of any kind relating to the Third Party Functionality. Public Domain Registry reserves the right, at its sole discretion, to terminate, suspend, cancel or alter your access to Third Party Functionality at any time.
8. Customers may cancel their Domain Backorder Service at any time via the Customer/Reseller Control Panel. In the event that you cancel the Domain Backorder Service, the fees for the Domain Backorder Service are nonrefundable.