Domain Name Registration Agreement
This Registration Agreement ("Agreement") is between you, any agent or person authorized to act on your behalf, the registrant listed in the WHOIS contact information for the domain name ("You", "Registrant"), and the following companies, which work in association with Smart Host Kenya - LiquidNet Ltd., an ICANN accredited domain registrar, headquartered in London, UK (No. 4654498) and LiquidNet US LLC, a US company headquartered in Fort Lauderdale, Florida. Smart Host Kenya, LiquidNet US LLC and LiquidNet Ltd. will be referred to in this document as 'We', 'Us', 'Our' and 'Service Provider', for the sake of brevity.
The Agreement sets forth the terms and conditions of your use of domain name registration and related services ("Services"). It explains the obligations of the Service Provider to you, and explains your obligations to the Service Provider for various services offered by the Service Provider.
By using the service(s) provided by the Service Provider under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any pertinent rules or policies that are or may be published by the Service Provider, the Uniform Dispute Resolution Policy ("UDRP"), and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by Internet Corporation of Assigned Names and Numbers ("ICANN"), the registries, and governments.
DOMAIN NAME REGISTRATION/TRANSFER
The Service Provider provides domain registrations for both generic Top Level Domains (gTLDs) and country-code Top Level Domains (ccTLDs).
- All domain registrations and renewals are non-refundable. When a domain is registered/renewed, all registrar companies (including ours) pay a service fee to the top-level Registry organization ("Registry Operator") that manages the particular extension. As the Registries do not reverse dates and do not refund service fees, it is not possible for us to do this either.
- Domain name registrations/transfers are non-refundable. As changes are no longer allowed after a registration request is submitted, you should always check for correct spelling before purchasing a domain name.
- Domain name registrations are not operative before the registry оperator activates the domain name(s). The domain name registration(s) are only active during the registration period chosen by the registrant (you). The registration period of newly registered domain names starts from the date on which the registration is approved by the registry.
- The Service Provider and the top registry оperator, also known as Primary Service Provider, will not be held accountable for any inadvertences, mistakes or otherwise deviations on the side of the registry оperator in regards to requests for registration, renewal, or any modifications of already registered domain name(s).
- You, as the registrant, agree that the domain name registration is a service, which cannot be interpreted autonomously from the services described in this Agreement or a similar Agreement from the registrar. You, as a Registrant, accede that domain name registration services do not develop a proprietary significance and you will not be entitled to any such proprietary significance claims for domain name(s) registered through our company.
- The Registered Name Holder shall "indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration." At its simplest, this means that if the Registry Operator (or its employees, etc.) for the registered name is sued because of the Registered Name Holder's domain name registration, the Registered Name Holder will pay the Registry Operator for all fees and expenses in defending against the suit as well as pay for any judgments or liabilities awarded. This "indemnification" is not solely limited to court cases.
You can view the full list of Registrant Benefits, Rights and Responsibilities, approved by ICANN, on their website:
If you register a .INFO domain name, you also enter into a contract of registration with Afilias Limited, which is represented by the following Terms & Conditions:
If you register a .UK, .CO.UK, .ORG.UK or .ME.UK domain name, you also enter into a contract of registration with Nominet UK, which is represented by the following Terms & Conditions:
SERVICE PAYMENTS, RECURRING CONTRACTS AND CHARGEBACKS
- When signing up for an account with the Service Provider, you agree to pay for the period of one year (365 days) and abide by our Order Verification Policy. Our Sales Department will strictly scrutinize each account order and carefully processes each payment in order to ensure that no fraudulent user can take advantage of our web hosting system.
- The Service Provider will charge customers with fees based on the fee structure of our system at the time of the sign-up process. The Service Provider expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online on the Service Provider-owned websites and effective immediately without need for further notice to you. If you have purchased the service(s) for a period of months or years, changes or modifications in prices and fees shall be effective when the service(s) in question come up for renewal. For our current fee structure, you may access the schedule of fees available on the Service Provider-owned website.
- Each customer of ours will be able to take advantage of the domain service he/she has purchased at the introductory price levels, and with one and the same set of features in the course of the whole contract period. The Service Provider reserves the right to introduce certain changes to the Services (in the form of complementary services) to the benefit of the customer.
- When you pay for a domain name via credit card or PayPal, a 12-month recurring billing subscription will be created automatically for your convenience, for which you will get a notification from the payment processor.
- All automatic payments go through exactly 7 days before the due date so as to avoid any downtime to your websites if there is a problem with the credit card/PayPal account.
- We'll send you a reminder of the due payment at least 24 hours before the automatic charge takes place.
- You can cancel the subscription at any time from the Control Panel -> My Account -> Recurring, or directly through PayPal - if it's a PayPal account subscription.
- If a chargeback request is initiated through your bank, our payment processor will impose a penalty fee of $30 on us for handling the chargeback procedure. Thus, if you decides to reactivate the given domain/hosting service, you will have to cover the respective service fee and the penalty fee that resulted from your chargeback.
EXPIRATION AND RENEWAL OF SERVICES; EXPIRATION NOTIFICATIONS
- After a domain name's expiration date, there is a period of 30 days, in which the domain name can be renewed. Certain domain name extensions do not have such a period, so leaving a domain name to expire before attempting a renewal is at your own discretion.
- After the 30-day renewal period has passed, some domain names (as per TLD Registry Operator Policies) enter a so-called Redemption Grace Period. A domain name, which has entered a Redemption Grace Period can still be renewed. However, additional fees will be added to the domain's renewal price.
- The RGP fee depends on the given TLD and on the registrar through which it is registered as follows:
Registrar TLD RGP fee LiquidNet Ltd .com, .net, .org, .info, .biz $90.00 LogicBoxes .us, .in, .cc, .tv $90.00 EURid .eu $20.00 eNom .com, .net, .org, .info, .biz,.co, .asia, .ca, .name, .mobi, .tw, .com.tw, .org.tw, .idv.tw, .pro, .me $270.00
- You can find the official information regarding the Redemption Grace Period on ICANN's page: http://www.icann.org/registrars/redemption-proposal-14feb02.htm
- If a Redemption Grace Period is applicable for a specific domain name, it will last between 30-42 days.
- Extended Redemption Grace Period - the extended redemption period may add another 7 - 30 days to the domain name's redemption period. During this period the domain name owner is allowed to retrieve the domain name from deletion by contacting the domain's registrar.
- If you do not redeem your domain name prior to the end of the Redemption Grace Period/Extended Redemption Grace Period (or the renewal period - if RGP is not applicable), the Service Provider reserves the right to delete the domain name, as per ICANN's Domain Deletion & Auto-renewal Policy (EDDP).
- After the redemption period of an expired domain name is over, follows the Pending Delete Period - a registry level period of up to 5 days during which no one is allowed to renew the domain name and it cannot be newly registered because it's still not returned to the public pool of domain names.
- Released by Registry Period - after the domain name's 'Pending Delete Period' is over, it is released back into the public pool of domain names and is newly available for registration.
BACKORDERING EXPIRING DOMAINS
DOMAIN NAME WHOIS INFORMATION
REGISTRANT INFORMATION AND DATA SHARING
- Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration will be presented at the time of registration or renewal and may include up to:
- registered name;
- names of the primary nameserver and secondary nameserver(s) for the Registered Name;
- name, postal address, email address, and voice and fax (if available) telephone numbers of the registrant contact for the domain name;
- name, postal address, email address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
- name, postal address, email address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
- name, postal address, email address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.
- You acknowledge and agree that the contact details of your domain, as well as its registration and expiration dates and the name server associated with it, may be shared with the relevant authoritative Registry Operator for your top-level domain.
The identity of the Registry Operator can be found at https://www.iana.org/whois. The registration data for domains in any TLD you have registered can be found in the Data Use Information Page.
COMPLETE AND ACCURATE DOMAIN NAME WHOIS INFORMATION
THIRD-PARTY USE OF DOMAIN NAME REGISTRATIONS
OBLIGATIONS RELATED TO WHOIS DATA PROCESSING
Even though the Service Provider will provide regular reminders about the expiration of the domain name(s) registered through the company, it is your obligation to keep track of when the registration service(s) will expire. Should you fail to renew a domain name before its expiration date, the domain name will be suspended or canceled.
NOTE: As per EURid's domain expiration policy, all .EU domain names will be suspended one day BEFORE their official expiration date and will enter a 40-day Redemption Grace Period during which they can still be renewed. However, an additional fee will be added atop the renewal price.
Pursuant to ICANN's Expired Registration Recovery Policy (ERRP), the Service Provider will notify the Registrant of an expiring domain name before and after its expiration date. The Service Provider's renewal reminder will consist of an email message sent to the Registrant's email address as it is listed in the expiring domain's Whois record. The pre-expiration emails are sent 30, 14 and 7 days before the expiration date itself. The post-expiration notices are sent on the very expiration date, as well as 7 and 14 days after it. Where appropriate, the Service Provider sends such notices to the given domain name's administrative contact, and/or any other email address that the Service Provider determines, in its sole discretion, to be sufficiently related to the domain name in question. You therefore acknowledge and agree that it is your responsibility to provide and maintain accurate contact information so that the Service Provider can send you important notices regarding your account.
Backordering a domain allows you to attempt to acquire an attractive domain that expires within the upcoming few days, the moment it becomes available for registration. The service is currently available only for .COM and .NET TLDs.
Placing a backorder does not guarantee that you will acquire the domain name you have requested. We cannot guarantee a successful registration and will not be held liable if we are unable to register the requested domain name, because this registration process is on a first-come-first-served basis where we might be unsuccessful in our attempt to register it for you.
In order to be eligible for the backorder domain service, you will need to deposit or have enough funds in your wallet balance. The amount placed in the wallet is non-refundable, so if we do not succeed in registering the domain for you, the funds will be returned in your overall wallet balance and you can use them for another service or attempt to backorder another domain.
You agree to provide current, complete and accurate contact details with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate.
What you are required to submit will vary by registration but may include the administrative, technical, and billing contacts for your domain name registration(s) and other services: name, postal address, email address, voice telephone number, and where available, fax number, as well as the name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation.
Not all data elements will be required for every domain registration, but the required elements will be detailed at time of registration or renewal. The type of information you are required to provide may change and you must provide such information and keep your Account information current.
You may provide information regarding the name servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information.
You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing; fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or services; counterfeiting; or any other activity in violation of any laws, rules, or regulations.
Registrant's willful provision of inaccurate or unreliable information, its willful failure to update information within seven (7) days of any change, will constitute a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.
If the information provided by the Registrant is deemed inaccurate by the Service Provider, and the Registrant fails to respond within 15 calendar days of the date the Service Provider sends a notice to the Registrant, this will be treated by the Service Provider as a material breach of the present Agreement and be a basis for suspension and/or cancellation of the domain name registration.
You are solely responsible for keeping track of the emails that will be sent by the Service Provider to the email address associated with the registered domain name. Inability to respond to such inquiries and emails may result in losing ownership over the domain name(s).
If, in obtaining the Service Provider's Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
You will represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.
A Registrant licensing use of a registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain 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 reasonable evidence of actionable harm.
Тhe Service Provider shall provide notice to each new or renewed Registrant stating:
- the purposes for which any personal data collected from the applicant are intended;
- the intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
- which data are obligatory and which data, if any, are voluntary; and
- how the Registrant or data subject can access and, if necessary, rectify the data held about them.
The Registrant, in turn, shall consent to the data collecting procedure stated in subsection 7-a.
The Registrant shall represent that a notice equivalent to that described in subsection 7-a has been provided to any third-party individuals whose personal data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that described in subsection 7-b of any such third-party individuals.
Тhe Service Provider will agree that it will not process the personal data collected from the Registrant in a way incompatible with the purposes and other limitations about which it has provided notice to the Registrant in accordance with subsection 7-a above.
Тhe Service Provider will agree that it will take reasonable precautions to protect personal data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
OBLIGATIONS RELATED TO DOMAIN REGISTRATION DISPUTES
You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), a copy of which is available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time and that such a change will be binding upon you. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the UDRP in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.
For the adjudication of disputes concerning or arising from use of the registered domain name the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where the Service Provider is located.
ACCOUNT REVIEW, DATA MODIFICATION OR DELETION
To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account with the Service Provider. If you make a request to delete your personal data and that data is necessary for the Services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the Services you have purchased.
It is your duty to safeguard your аccount login username and password from any unauthorized use. Any person in possession of your аccount login username and password will have both the ability and your authorization to modify your account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT.
SHARING OF WHOIS INFORMATION
You agree that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the Registry Operator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name.
You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information.
You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
OWNERSHIP OF INFORMATION AND DATA
You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, email address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.
TRANSFERS OF DOMAIN NAMES
You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at https://www.icann.org/resources/pages/tdrp-2016-06-01-en as well as the UDRP as described in Section 11 of this Agreement, as these policies may be modified from time to time.
You agree that, upon initial registration, we may place a "Registrar Lock" ("ClientTransferProhibited" status) on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed, which may be done within your Account. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .com).
Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 calendar days of initial registration, within 60 calendar days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due.
We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, or (vii) if your use of the Services involves us in a violation or alleged violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.
At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name.
If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account. We and any Registry Operator reserve the right to deny, cancel, or transfer any domain name registration or transaction, or place any domain name(s) on lock, hold, or similar status, as we or the Registry Operator deem necessary, in either our or the Registry Operator's unlimited and sole discretion: (i) to protect the integrity and stability of the Registry Operator; (ii) to comply with any applicable registry policies and/or procedures or ICANN rules and regulations, including without limitation, the registry agreement; (iii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iv) to avoid any liability, civil or criminal, on the part of us or the Registry Operator, as well as our or the registry's affiliates, subsidiaries, officers, directors, and employees; (v) to correct mistakes by us, another registrar, or the registry in connection with the domain name; (vi) following an occurrence of any of the prohibited activities; (vii) per the terms of this Agreement; or (viii) for the resolution of disputes concerning the domain name.
LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY AND DEFENSE
With respect to ICANN, the Registry Operators, and the Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to defend, release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney's fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to defend, indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. Moreover, should we be forced to defend ourselves in any action or legal proceeding in connection with any Service(s) provided to you, you shall have sole responsibility to defend us against any such claim by the legal counsel of our choosing. This indemnification is in addition to any indemnification required under the UDRP. The terms of this paragraph will survive any termination or cancellation of this Agreement.
REPRESENTATIONS AND WARRANTIES
YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW AND JURISDICTION FOR DISPUTES
Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United Kingdom, as if the Agreement was a contract wholly entered into and wholly performed within the United Kingdom. Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration. Judgment on the Award may be entered in any court having jurisdiction. YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located.
Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
CHANGES TO THIS AGREEMENT
This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this Agreement, your exclusive remedies are:
- to transfer your domain name registration services to another registrar, or
- to cancel your Services, including domain name registration services, with us. Your continued use of the Services following notification of a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you:
- thirty (30) days after we notify you of the change, or
- immediately if such change is a result of a new or amended ICANN policy or applicable law.
CUSTOMER SERVICE CONTACT DETAILS
Customers can get in touch with our Customer Service via any of the contact options listed below:
1. Open a trouble ticket from the customer Web Hosting Control Panel (section Help Center - > Open New Ticket)
US TOLL FREE PHONE: +1-855-211-0932
INTERNATIONAL PHONE: +1-727-546-4678
UK PHONE : +44-20-3695-1294
AU PHONE : +61-2-8417-2372
3. Send us a Letter to:
LiquidNet US LLC
6750 North Andrews Ave
Fort Lauderdale, FL 33309
United States of America
7 Kersfield Road
Putney, London SW15 3HN