Domain Registration Agreement
Domain Registration Agreement
This Registration Agreement ("Agreement")
sets forth the terms and conditions of your use of Active-Domain's
("active-domain.com") domain name registration
services to register an Internet domain name, your registration
of that domain name, as well as other Active-Domain's
domain name related services. In this Agreement "you"
and "your" refer to each customer and "we",
"us" and "our" refer to Active-Domain.
This Agreement explains our obligations to you, and
explains your obligations to us for various Active-Domain
services. By selecting our service(s) you have agreed
to establish an account with us for such services. When
you use your account or permit someone else to use it
to purchase or otherwise acquire access to additional
Active-Domain service(s) or to cancel your Active-Domain
service(s) (even if we were not notified of such authorization),
this Agreement covers such service or actions. By using
the service(s) provided by us under this Agreement,
you acknowledge that you have read and agree to be bound
by all terms and conditions of this Agreement, the Dispute
Policy and any pertinent rules or policies that are
or may be published by Active-Domain.
This Agreement will become effective when accepted
by Active-Domain. We may elect to accept or reject your
domain name registration application for any reason
at its sole discretion, such rejection including, but
not limited to, rejection due to a request for registration
of a prohibited domain name.
1. Our Services
Active-Domain is an authorized domain reseller of an
accredited registrar with the Internet Corporation for
Assigned Names and Numbers ("ICANN") for Top
Level Domain Names (TLDs), currently .com, .net and
.org. ICANN oversees registrations and other aspects
of the TLDs. As an authorized domain name reseller,
Active Domain is, upon accepting your domain name registration
application, your billing sponsor for that application.
All domain name registrations we register for TLDs are
not effective until we have delivered the domain name
registration information you provide us to the registry
administrator for the TLDs, as applicable, and the registry
administrator puts into effect your domain name registration.
You agree and acknowledge that Active-Domain is not
liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising
out of or related to your application and receipt of,
or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless
the registry administrator and its directors, officers,
employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including
any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising
out of, or related to, your domain name registration.
2. What We Do Not Do
We cannot and do not check to see whether the domain
name you select, or the use you make of the domain name,
infringes legal rights of others. We urge you to investigate
to see whether the domain name you select or its use
infringes legal rights of others, and in particular
we suggest you seek advice of competent counsel. You
may wish to consider seeking one or more trademark registrations
in connection with your domain name. You should be aware
that there is the possibility we might be ordered by
a court to cancel, modify, or transfer your domain name.
You should also be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we
may turn to you to hold us harmless and to indemnify
us.
3. Fees
As consideration for the domain name registration services
and/or other services provided by Active-Domain to you,
you agree to pay us, prior to the effectiveness of the
desired domain name registration, the applicable service(s)
fees for the initial registration of the domain name
and, should you choose to renew the registration, subsequent
renewals of the registration. All fees are non-refundable,
for any reason after your domain name is registered
with Internic's central registry, even if you are forced
to relinquish the domain name as a result of copyright
or trademark violation. However, we will refund the
registration fees to you, in the event that your registration
is unsuccessful for any reason. As long as the domain
name is not registered, you will get your money back.
The domain registration fees is only applied for the
registration, transfer, or renewal of your domain name.
All the current domain services are provided as complimentary
services except when explicit charges are stated. We
reserve the rights to cancel, withdraw and/or amend
these services at any time.
Your requested domain name will not be registered unless
we receive actual payment of the registration fee. As
further consideration for the Active-Domain service(s),
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").
In the event of a charge back by a credit card company
(or similar action by another payment provider allowed
by us) in connection with the payments of the registration
fee for your domain name registration, you agree and
acknowledge that the domain name registration shall
be transferred to Active-Domain as the paying entity
for that registration to the registry. We will reinstate
your domain name registration solely at our discretion,
and subject to our receipt of the initial registration
or renewal fee and our reinstatement fee, currently
set at US$50. For more information, please click here.
We will attempt to notify you via an email message
or via your account information when renewal fees are
due. Should these fees go unpaid after the expiration
date of your domain name, your registration will be
cancelled. It is your responsibility as the domain owner
to ensure that your domain name is renewed promptly.
Subsequent request to reactivate your domain name will
be charged at US$5 for each domain to be reactivated,
on top of the applicable renewal fees. Payment must
be made by credit card or such other method as we may
indicate in the registration application or renewal
form. We will renew your name for you provided your
credit card or other billing information is available
and up to date, unless you instruct us otherwise within
the time specified. If your billing information is not
accurate and you wish to renew your domain name registration,
we will contact you to update this information and charge
you accordingly.
4. Disclaimer and Domain Name
Dispute Policy
If you request, reserved or registered a domain name
through us, or transferred a domain name to us from
another registrar, you agree to be bound by Active-Domain's
current Disclaimer published on our site ("Disclaimer")
and our current Domain Name Dispute Policy ("Dispute
Policy"). The Disclaimer can be found at http://www.active-domain.com/disclaimer.htm
and the Dispute Policy can be found at http://www.active-domain.com/dispute.htm.
Certain disputes, as specified in the Dispute Policy,
are subject to that Policy. 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 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 Active-Domain harmless pursuant to the terms
and conditions contained in the Dispute Policy.
5. Modifications to Active
Domain's Registration Agreement and Dispute Policy
You agree, during the period of this Agreement, that
we may: (1) revise the terms and conditions of this
Agreement; and (2) change the services provided under
this Agreement. Any such revision or change will be
binding and effective immediately on posting of the
revised Agreement or change to the service(s) on Active-Domain's
web site, or on notification to you by e-mail. You agree
to review Active-Domain's web site, including the Agreement,
periodically to be aware of any such revisions. If you
do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing
us with notice by e-mail at admin@active-domain.com.
Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing
to use the Active-Domain services following notice of
any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further
agree that we, in our sole discretion, may modify our
Dispute Policy at any time. Your continued use of the
domain name registered to you shall constitute your
acceptance of this Agreement and the Dispute Policy
with the new modifications. You acknowledge that if
you do not agree to any of such changes, you may request
that your domain name registration be cancelled or transferred
to a different domain name registrar. You agree that
such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any
changes to this Agreement or the Dispute Policy.
6. Account Information and Its Use
a. Information You Are Required to Submit. As part
of the registration process, you are required to provide
certain information and to update this information promptly
as needed to keep it current, complete and accurate.
The information you are obligated to provide in connection
with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal
address, e-mail address, voice telephone number, and
where available, fax number; and
iii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of
the billing contact for the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your
domain name 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
registration may not be renewed.
All other information which we may request from you
at registration is voluntary. However, not providing
the requested information may prevent you from obtaining
all products and services made available to domain name
registrants by us, other than registration of the domain
name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain
records relating to your domain name registration. These
records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration
application to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations
and related correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any
secondary nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of
the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice
telephone number, and where available, fax number of
the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form
regarding all other activity between you and us and
third parties relating to your domain name registration
and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you
are providing information about or on behalf of a third
party, you hereby represent 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) 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 Agreement. By registering a name
or applying for services you also represent that the
statements in its application are true and you also
represent that the Domain Name is not being registered
for any unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information
promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your
domain name registration. You further agree that your
failure to respond for over ten (10) calendar days to
inquiries by Active-Domain concerning the accuracy of
contact details associated with your registration shall
constitute a material breach of this Agreement and will
be sufficient basis for cancellation of your domain
name registration.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that Active-Domain
will make available domain name registration information
you provide or that we otherwise maintain to ICANN,
to the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or
permit. You further agree and acknowledge that Active-Domain
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 for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to
the amount and type of information that Active-Domain
may or must make available to the public or to private
entities, and the manner in which such information is
made available.
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
and other information by Active-Domain.
You may access your domain name registration information
in our possession to review, modify or update such information,
by accessing your account at our web site (https://domainpanel.com),
or via a similar service. In order to change any of
your account information with us, you must use your
Account Identifier and Password that were sent to you
when you establish your account with us. Please safeguard
your Account Identifier and Password from any unauthorized
use. You agree that any person in possession of you
Account Identifier and Password will have the ability
and your authorization to modify your account information.
In no event will we be liable for the unauthorized use
or misuse of your Account Identifier or Password. Active-Domain
will take reasonable precautions to protect the information
it obtains from you from our loss, misuse, unauthorized
access or disclosure, alteration or destruction of that
information.
7. Ownership of Information
and Data
You agree and acknowledge that Active-Domain owns the
following information for those registrations for which
we have accepted: (a) the original creation date of
the registration, (b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice
telephone number, and where available fax number of
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. Active-Domain does not have
any ownership interest in your specific personal registration
information outside of its rights in our domain name
database.
8. Agents and Licenses
You agree that, if you are registering a domain name
for or on behalf of someone else, you represent that
you have the authority to nonetheless bind that person
as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless
remain the domain name holder of record, and remain
responsible for all obligations under this Agreement,
including but not limited to payment obligations, and
providing (and updating, as necessary) both your own
full contact information, and accurate technical, administrative,
billing and zone contact information adequate to facilitate
timely resolution of any problems that arise in connection
with the domain name and domain name registration.
9. Use Of Free Services
In consideration for providing optional domain services
for which we do not charge an additional fee, including,
but not limited to, URL forwarding, email forwarding,
free parking page, or other services which we may introduce
from time to time but for which there is not a separate
fee, you agree that, if you use such services, we may
display advertising in conjunction therewith through
the use of text or/and banner advertisements, and that
we may aggregate related usage data by means of cookies
and other similar means.
10. Expiration and Renewal of Service
You acknowledge that it is your responsibility to keep
your own records and to maintain your own reminders
regarding when your domain name registration or other
services are set to expire. As a convenience to you,
and not as a binding commitment, we may notify you via
an email message when renewal fees are due. Should these
fees go unpaid, your services will expire or be cancelled.
Your request to restore or reactivate your domain name
will incur a reactivation fee of US$5 per domain name,
on top of the regular domain renewal fees. Furthermore,
such request can only be accepted if your domain name
has not been deleted from our registration database.
11. After Expiration of the Term of a Domain Name Registration
After expiration of the term of a domain name registration
services and before deletion of the domain name in the
applicable registry's database, you acknowledge that
we may direct the domain name to name-servers and IP
address(es) designated by us, including, without limitation,
to no IP address or to IP address(es) which host a parking
page or a commercial search engine that may display
advertisements, and you acknowledge that we may either
leave your WHOIS information intact or that we may change
the contact information in the WHOIS output for the
expired domain name so that you are no longer the listed
registrant of the expired domain name.
After the expiration of the term of domain name registration
services, you acknowledge that certain registry administrators
may provide procedures or grace periods during which
expired domain name registrations may be renewed. You
acknowledge that you assume all risks and all consequences
if you wait until close to or after the end of a domain
name registration term to attempt to renew the registration.
You acknowledge that we, for any reason and in our sole
discretion, may choose not to participate in a post-expiration
renewal of a domain name and that we shall not be liable
therefore. You acknowledge that post-expiration renewal
or redemption processes, if any, involve additional
fees which we may determine. You acknowledge and agree
that expired domain name(s) may be made available to
be registered or re-registered to any party at any time.
12. 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.
13. Limitation of Liability
YOU AGREE THAT ACTIVE-DOMAIN WILL NOT BE LIABLE FOR
ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION
IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION,
(3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES
YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME;
(5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL;
(8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR
LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION
OF THE DISPUTE POLICY. ACTIVE-DOMAIN 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 WE HAVE BEEN ADVISED
OF THE POSSIBILITY OF SUCH DAMAGES.
14. Indemnity
You agree to release, indemnify, and hold Active-Domain,
its contractors, agents, employees, and affiliates harmless
from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising
under this Agreement, the Active-Domain services provided
hereunder or your use of our services, including without
limitation infringement by you, or someone else using
any of our service with your computer, of any intellectual
property or other proprietary right of any person or
entity, or from the violation of any Active-Domain operating
rule or policy relating to the service(s) provided.
When Active-Domain is 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 deactivation of
your domain name. This indemnification is in addition
to any indemnification required under the Dispute Policy.
15. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF 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 A THIRD PARTY. YOU
FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED
BY YOU IN CONNECTION WITH YOUR DOMAIN NAME REGISTRATION
IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE
PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. 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. YOU UNDERSTAND AND AGREE
THAT 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 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.
ACTIVE-DOMAIN MAKES NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL
SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE
E-MAIL SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL
OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE E-MAIL
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN.
16. Breach and Revocation
Active-Domain reserves the right to suspend, cancel,
transfer or modify your domain name registration or
suspend, cancel or modify other services we provide
in the event (a) you materially breach this Agreement
(including the Dispute Policy) and do not cure such
breach within thirty (15) days of notice by us, (b)
you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies
of the Internet, (c) you use your domain name in connection
with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification
as provided for in this Agreement. You further acknowledge
and agree that your registration of a domain name is
subject to suspension, cancellation or transfer by any
ICANN procedure, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy, (1)
to correct mistakes by us, another registrar or the
registry administrator in administering the name or
(2) for the resolution of disputes concerning the domain
name.
You also agree that we shall have the right in its
sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as we receive
a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension,
cancellation transfer or modification of the domain
name registration.
17. Right Of Refusal
We, in our sole discretion, reserve the right to refuse
to register or reserve your chosen domain name or register
you for other service(s), or to delete your domain name
within five (5) calendar days from receipt of your payment
for such services. In the event we do not register or
reserve your domain name, or we delete your domain name
within such five (5) calendar day period, we agree to
refund your applicable fee(s). You agree that we shall
not be liable to you for loss or damages that may result
from our refusal to register or reserve, or delete your
domain name or register you for other Active-Domain
service(s).
18. Notices
You agree that any notices required to be given under
this Agreement by Active-Domain to you will be deemed
to have been given if delivered in accordance with the
contact information you have provided.
19. Infancy
You attest that you are of legal age to enter into
this Agreement.
20. General
This Agreement, our Disclaimer and the Dispute Policy,
together with all modifications, constitute the complete
and exclusive agreement between you and Active-Domain,
and supersede and govern all prior proposals, agreements,
or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties.
The failure of Active-Domain to require your performance
of any provision hereof shall not affect the full right
to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Policy
shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this
Policy unenforceable or invalid as a whole. Active-Domain
will amend or replace such provision with one that is
valid and enforceable and which achieves, to the extent
possible, the original objectives and our intent as
reflected in the original provision. This Agreement,
our Disclaimer and the Dispute Policy may not be amended
or modified by you except by means of a written document
signed by both you and an authorized representative
of Active-Domain.
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