Registration Agreement
- IN THIS REGISTRATION AGREEMENT ("Agreement"),
"Registrant", "you" and "your" refers to the Registrant of each domain name
registration, "we", "us" and "our" refers to eNom Domains Inc., and "Services"
refers to the domain name registration services provided by us as offered
through Dynamic Net Inc., the Registration Service Provider ("Reseller"). Any
reference to a "registry," "Registry" or "Registry Operator" shall refer to
the registry administrator of the applicable top-level domain ("TLD"). This
Agreement explains our obligations to you, and explains your obligations to us
for the Services. By agreeing to the terms and conditions set forth in this
Agreement, you are also agreeing to be bound by the rules and regulations set
forth by a registry for that particular registry only.
- SELECTION OF A DOMAIN NAME. You acknowledge and agree
that we cannot guarantee that you will obtain a desired domain name, even if
an inquiry indicates that a domain name is available at the time of your
application. You represent that, to the best of the your knowledge and belief,
neither the registration of the domain name nor the manner in which you intend
to use it, infringes upon the legal rights of a third party and further, that
the domain name is not being registered for, nor shall it at any time
whatsoever be used for, any unlawful purpose. During the period following
registration of a domain name and the appointment of active name servers, we
may post a stagnant web page and any revenues generated from same shall be for
our own account.
- FEES. As consideration for the Services, you agree to pay
Reseller the applicable service(s) fees prior to the effectiveness of a
desired domain name registration or any renewal thereof. All fees payable
hereunder are non-refundable even if your domain name registration is
suspended, cancelled or transferred prior to the end of your current
registration term. As further consideration for the Services, you agree to:
(1) provide certain current, complete and accurate information about you as
required by the registration process, and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). You represent that the Account Information and all other
statements put forth in your application are true, complete and accurate. Both
eNom and each registry reserves the right to terminate your domain name
registration if: (i) information provided by you or your agent is false,
inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii)
you have failed to maintain, update and keep your Account Information true,
current, complete, accurate and reliable. You acknowledge that a breach of
this Section 3 will constitute a material breach of our Agreement, which will
entitle either us or a registry to terminate this Agreement immediately upon
such breach without any refund and without notice to you.
- TERM. This Agreement will remain in effect during the
term of your domain name registration as selected, recorded and paid for at
the time of registration or any renewal thereof. Should the domain name be
transferred to another registrar, the terms and conditions of this Agreement
shall cease.
- MODIFICATIONS TO AGREEMENT. You acknowledge that the
practice of registering and administering domain names is constantly evolving;
therefore, you agree that eNom may modify this Agreement, or any other related
and/or applicable agreement, as is necessary to comply with its agreements
with ICANN, a registry or any other entity or individual, as well as to adjust
to changing circumstances. All amendments to this Agreement will be posted on
our website. Your continued use of the domain name registered to you will
constitute your acceptance of this Agreement with any revisions. If you do not
agree to any change, you may request that your domain name registration be
cancelled or transferred to a different accredited registrar. You agree that
such cancellation or request for transfer will be your exclusive remedy if you
do not wish to abide by any change to this Agreement, or any other related
and/or applicable agreement.
- MODIFICATIONS TO YOUR ACCOUNT. In order to change any of
your account information with us, you must use the Account Identifier and
Password that you selected when you opened your account with us. You agree to
safeguard your Account Identifier and Password from any unauthorized use. In
no event shall we be liable for the unauthorized use or misuse of your Account
Identifier or Password.
- NO GUARANTEE. You acknowledge that registration or
reservation of your chosen domain name does not confer immunity from objection
to the registration, reservation or use of the domain name.
- DOMAIN NAME DISPUTES. 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 dispute policy adopted by the
applicable registry. You 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 contained in the applicable policy. If eNom is notified
that a complaint has been filed with a judicial or administrative body
regarding your domain name, eNom may, at its sole discretion, suspend your
ability to use your domain name or to make modifications to your registration
records until (i) eNom is directed to do so by the judicial or administrative
body, or (ii) eNom receives notification by you and the other party contesting
your domain that the dispute has been settled. Furthermore, you agree that if
you are subject to litigation regarding your registration or use of your
domain name, eNom may deposit control of your registration record into the
registry of the judicial body by supplying a party with a registrar
certificate from us.
- POLICY. You agree that your registration of the domain
name shall be subject to suspension, cancellation, or transfer pursuant to a
eNom, registry, ICANN or government-adopted policy, or pursuant to any
registrar or registry procedure not inconsistent with a eNom, registry, ICANN
or government-adopted policy, (1) to correct mistakes by us or a registry in
registering the name or (2) for the resolution of disputes concerning the
domain name.
- AGENCY. Should you intend to license use of a domain name
to a third party you shall nonetheless be the domain name holder of record and
are therefore responsible for providing your own full contact information and
for providing and updating accurate technical and administrative contact
information adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept liability for harm
caused by wrongful use of the domain name, unless you promptly disclose the
current contact information provided by the licensee and the identity of the
licensee to a party providing the Registered Name Holder reasonable evidence
of actionable harm. You represent that you will secure the agreement of any
third party to the terms and conditions in this Agreement.
- ANNOUNCEMENTS. We reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to
enhance your identity on the Internet.
- LIMITATION OF LIABILITY. You agree that our entire
liability, and your exclusive remedy, with respect to any Services(s) provided
under this Agreement and any breach of this Agreement is solely limited to the
amount you paid for the initial registration of your domain name. eNom and its
directors, employees, affiliates, subsidiaries, agents and third party
providers, ICANN and the applicable registries shall not be liable for any
direct, indirect, incidental, special or consequential damages resulting from
the use or inability to use any of the Services or for the cost of procurement
of substitute services. Because some states do not allow the exclusion or
limitation of liability for consequential or incidental damages, in such
states, our liability is limited to the extent permitted by law. We disclaim
any and all loss or liability resulting from, but not limited to: (1) loss or
liability resulting from access delays or access interruptions; (2) loss or
liability resulting from data non-delivery or data mis-delivery; (3) loss or
liability resulting from acts of God; (4) loss or liability resulting from the
unauthorized use or misuse of your account identifier or password; (5) loss or
liability resulting from errors, omissions, or misstatements in any and all
information or services(s) provided under this Agreement; (6) loss or
liability resulting from the interruption of your Service. You agree that we
will not be liable for any loss of registration and use of your domain name,
or for interruption of business, or 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.
- INDEMNITY. You agree to release, indemnify, and hold
eNom, its contractors, agents, employees, officers, directors and affiliates,
ICANN, the applicable registries and their respective directors, officers,
employees, agents and affiliates harmless from all liabilities, claims and
expenses, including attorney's fees, of third parties arising out of or
relating to the registration or use of the domain name registered in your
name, whether used by yourself, licensed to a third party or pursuant to the
Whois Privacy Service, including without limitation infringement by you or a
third party with access to your Account Identifier and Password. You also
agree to release, indemnify and hold us harmless pursuant to the terms and
conditions contained in the applicable Dispute Policy. When we are threatened
with suit by a third party, we may seek written assurances from you concerning
your promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in the
suspension or cancellation of your domain name. This indemnification
obligation will survive the termination or expiration of this Agreement.
- TRANSFER OF OWNERSHIP. The person named as Registrant on
the Whois shall be the registered name holder. The person named as
administrative contact at the time the controlling account identifier and
password are secured shall be deemed the designate of the Registrant with the
authority to manage the domain name. You agree that prior to transferring
ownership of your domain name to another person (the "Transferee") you shall
require the Transferee to agree, in writing to be bound by all the terms and
conditions of this Agreement. If the Transferee fails to be bound in a
reasonable fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null and void.
- RENEWALS AND FORFEITURE. Domain names are registered for
a finite period of time. You will receive reminders immediately prior to the
expiration of your registration inviting you to renew your domain name and
specifying the amount of time you have to renew your domain name. In the event
that you fail to renew your domain name in a timely fashion, your registration
will expire and we may, at our discretion, elect to assume the registration
and may hold it for our own account, delete it or we may sell it to a third
party. You acknowledge and agree that your right and interest in a domain name
ceases upon its expiration and that any expired domain name may be made
available for registration by a third party.
If you fail to renew your registration, your domain name may cease to resolve
and visitors to your site may be redirected to a default page informing them
that the site is no longer in service. This parked or default page may feature
advertisements posted by us for our own account.
If we, in our sole discretion, have elected to renew the registration, you
will be entitled to a grace period of forty (40) days during which you may
re-register the domain name from us. Additional costs for the redemption and
re-registration will apply. During this grace period, we may post a parked
page and/or may revise the "Whois" registration records to include either our
information or that of your Reseller. The domain name also may be listed for
auction and promoted as being available for auction. If the name is sold
during any such auction, it will be acquired by a third party and will not
remain available for re-registration by you after our stated grace period. If
you do not re-register the domain name during the grace period, the auction
sale will be concluded and ownership of the domain transferred to a third
party.
If you fail to renew your domain name registration during the grace period,
you acknowledge that you have abandoned the domain name and that it is
available for sale and registration by any third party.
- BREACH. You agree that failure to abide by any provision
of this Agreement, any operating rule or policy or the Dispute Policy provided
by us, may be considered by us to be a material breach and that we may provide
a written notice, describing the breach, to you. If within fifteen (15)
calendar days of the date of such notice, you fail to provide evidence, which
is reasonably satisfactory to us, that you have not breached your obligations
under the Agreement, then we may delete the registration or reservation of
your domain name. Any such breach by you shall not be deemed to be excused
simply because we did not act earlier in response to that, or any other breach
by you.
- DISCLAIMER OF WARRANTIES. You agree that your use of our
Services is solely at your own risk. You agree that such Service(s) is
provided on an "as is," "as available" basis. We expressly disclaim all
warranties of any kind, whether express or implied, including but not limited
to the implied warranties of merchantability, fitness for a particular purpose
and non-infringement. We make no warranty that the Services will meet your
requirements, or that the Service(s) will be uninterrupted, timely, secure, or
error free; nor do we make any warranty as to the results that may be obtained
from the use of the Service(s) or as to the accuracy or reliability of any
information obtained through the Service or that defects in the Service will
be corrected. You understand and agree that any material and/or data
downloaded or otherwise obtained through the use of Service is done at your
own discretion and risk and that 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 the Service or any transactions entered into
through the Service. No advice or information, whether oral or written,
obtained by you from us or through the Service shall create any warranty not
expressly made herein.
- INFORMATION. As part of the registration process, you are
required to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and accurate.
You are obliged to provide us the following information: (a) your name, postal
address, e-mail address, and voice and fax (if available) telephone numbers;
(b) the domain name being registered; (c) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the
administrative contact for the domain name; (d) the name, postal address,
e-mail address, and voice and fax (if available) telephone numbers of the
billing contact for the domain name; and (e) the name, postal address, e-mail
address, and voice and fax (if available) telephone numbers of the technical
contact for the domain name. Any voluntary information we request is collected
in order that we can continue to improve the products and services offered to
you through your Reseller.
- DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree
and acknowledge that we will make domain name registration information you
provide available to ICANN, to the registry administrators, law enforcement
agencies and to other third parties as applicable. You further agree and
acknowledge that we may make publicly available, or directly available to
third party vendors, some or all, of the domain name registration information
you provide, for purposes of inspection (such as through our Whois service) or
other purposes as required or permitted by ICANN and applicable laws. (a) 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 name (including any updates to
such information), whether during or after the term of your registration 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 your domain name
registration information by us. (b) You may access your domain name
registration information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar service, made
available by us through your Reseller. (c) We will not process or maintain
data about any identified or identifiable natural person that we obtain from
you in a way incompatible with the purposes and other limitations which we
describe in this Agreement. (d) We will take reasonable precautions to protect
the information we obtain from you from our loss, misuse, unauthorized
disclosure, alteration or destruction of that information.
- OBLIGATION TO MAINTAIN WHOIS. Your wilful provision of
inaccurate or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond to inquiries by us
addressed to the email address of the registrant, the administrative, billing
or technical contact appearing in the Whois directory with respect to a domain
name concerning the accuracy of contact details associated with the
registration shall constitute a material breach of this Agreement and be a
basis for cancellation of the domain name registration. Any information
collected by us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as required or
permitted by ICANN or an applicable registry policy.
- REVOCATION. We, in our sole discretion, reserve the right
to deny, cancel, suspend, transfer or modify any domain name registration to
correct a mistake, protect the integrity and stability of the company and any
applicable registry, to comply with any applicable laws, government rules, or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal. You agree
that we shall not be liable to you for loss or damages that may result from
our refusal to register or cancel, suspend, transfer or modify your domain
name registration.
- INCONSISTENCIES WITH REGISTRY POLICIES. In the event that
this Agreement may be inconsistent with any term, condition, policy or
procedure of an applicable registry, the term, condition, policy or procedure
of the applicable registry shall prevail.
- NON-WAIVER. Our failure to require performance by you of
any provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a breach of
any provision hereof be taken or held to be a waiver of the provision itself.
- NOTICES. Any notice, direction or other communication
given under this Agreement shall be in writing and given by sending it via
e-mail or via regular mail. In the case of e-mail, valid notice shall only
have been deemed to be given when an electronic confirmation of delivery has
been obtained by the sender. E-mail notification to eNom must be sent to
legal@enom.com. Any notice to you will be sent to the e-mail address provided
by you in your Whois record. Any e-mail communication shall be deemed to have
been validly and effectively given on the date of such communication, if such
date is a business day and such delivery was made prior to 4:00 p.m. EST,
otherwise it will be deemed to have been delivered on the next business day.
In the case of regular mail notice, valid notice shall be deemed to have been
validly and effectively given five (5) business days after the date of mailing
Postal notices to eNom shall be sent to:
eNom
5808 Lake Washington Blvd. NE
Ste. 300
Kirkland, WA 98033
Attention: Legal Affairs
and in the case of notification to you shall be sent to the address specified
in the "Administrative Contact" in your Whois record.
- ENTIRETY. You agree that this Agreement, the applicable
dispute policy and the rules and policies published by eNom and any applicable
registry or other governing authority, are the complete and exclusive
agreement between you and us regarding our Services.
- NO THIRD PARTY BENEFICIARIES. This Agreement shall not be
construed to create any obligation by either eNom or Registrant to any
non-party to this Agreement. Enforcement of this Agreement, included any
provisions incorporated by reference, is a matter solely for the parties to
this Agreement.
- GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND
INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF WA
AND THE FEDERAL LAWS OF USA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES
GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE
BROUGHT IN WA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH
COURTS.
- INFANCY. You attest that you are of legal age to enter
into this Agreement.
- FORCE MAJEURE. You acknowledge and agree that neither we
nor the applicable registry shall be responsible for any failures or delays in
performing our respective obligations hereunder arising from any cause beyond
our reasonable control, including but not limited to, acts of God, acts of
civil or military authority, fires, wars, riots, earthquakes, storms, typhoons
and floods.
- PRIVACY. Information collected about you is subject to
the terms of eNom' privacy policy, the terms of which are hereby incorporated
by reference. eNom' privacy policy can be found at: http://www.enom.com/terms/privacy.aspx
- CONTROLLING LANGUAGE. In the event that you are reading
this Agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
- TLD'S. The following additional provisions apply to any
domain names that you register through eNom with the various registries:
- WHOIS PRIVACY SERVICE. The following terms and conditions
will apply if you subscribe to the Whois Privacy Service:
- Subscribers to the Whois Privacy Service have elected to include the
following information in the publicly available Whois Registry:
- Contact Privacy Inc. Customer ####, where #### is an individual customer
identification number which is unique per domain name, shall appear as the
Registrant and Contacts name(s); (ii) eNom' postal address and a eNom
assigned email address and telephone number shall appear on behalf of the
Registrant and the Contact(s); (iii) The primary and secondary nameservers
shall be those designated by the Registrant; (iv) The original date of
registration and the expiration of each domain name; (v) eNom will be
identified as the registrar of record.
- You understand and agree that the Registrant and Contact Information that
you have provided will be kept on file. You further agree and warrant that you
will ensure that the Whois Information is true, accurate and up to date.
- You will will retain complete control over the domain name and its
registration records and may suspend and reinstate the Whois Privacy Service
at your discretion.
- The Whois Privacy Service may be used with both new and existing domain
name registrations. You may use the Whois Privacy Service with respect to a
domain name that has been transferred but it will only commence after the
transfer has been completed. If you wish to transfer the domain name to a
different registrar, the Whois Privacy Service must be disabled in order to
initiate the transfer.
- We will send all obligatory renewal and transfer related messages to the
Contacts you have designated.
- Communications Forwarding. Communications received with respect to a
particular domain name registration will be handled as follows: (i) We will
forward to you or a Contact all correspondence received by registered mail or
traceable courier. This information may be opened, scanned and emailed to you
or your Contact.. Regular postal mail will be discarded or returned to sender
at our discretion. (ii) Email correspondence will be forwarded, only if
submitted via the contactprivacy.com website, to the address as it appears in
eNom records. (iii) A voice mail message will advise all callers that inbound
messages will not be accepted; calls will be directed to the
contactprivacy.com web site where written messages will be forwarded according
to your instructions. (iv) We will only be responsible for forwarding
communications where our details have appeared in the whois and when your
Whois Information is accurate, complete and up to date.
- Right to Suspend and Disable. We shall have the right, at our sole
discretion and without liability to you or any of your Contacts, suspend or
cancel your domain name and to reveal Registrant and Contact Whois Information
in certain circumstances, including but not limited to the following: (i) when
required by law; (ii) in the good faith belief that disclosure is necessary to
further determination of an alleged breach of a law; (iii) to comply with a
legal process served upon eNom; (iv) to resolve any and all third party claims
including but not limited to ICANN's or a Registry's dispute resolution
policy; (v) to avoid financial loss or legal liability (v) to avoid financial
loss or legal liability; (vi) if we believe that you or one of your Contacts
is using the Whois Privacy Service to conceal involvement with illegal,
illicit, objectionable or harmful activities; or (vii) to transmit SPAM,
viruses, worms or other harmful computer programs.
- You understand and agree that, in the event that we receive a formal
complaint, notice of claim or UDRP, that we will have the right to disable the
Whois Privacy Service pending final disposition of the matter.
- Expired Registration Recovery Policy
- Domain expiration notices for gTLDs will be sent via email 30 days and 5
days prior to your domain expiration date and 3 days after your domain
expires.
- The renewal, post-expiration renewal fees and redemption fees
apply to each gTLDs *Registration service provider fees may differ.
- Trademark Clearinghouse (TMCH)
ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT
AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE
DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT,
GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.