Domain Name Registration Agreement
- name.com domain name registration, renewal, and management services
The registration and/or renewal of a domain name grants you a personal license to use the domain name for a period equal to the registration period.
We register domain names on a first come, first serve, basis, except when otherwise required by ICANN or a domain name Registry. We do not guarantee availability of any domain name you wish to register or renew. Domain names registered or renewed for you will not be effective unless and until the designated Registry updates its domain name registry database in accord with the WHOIS and/or nameserver information you have provided to us.
Name.com, the applicable Registry, or ICANN may decide that registration of a particular domain name is prohibited. Name.com may, in our sole discretion, refuse to process your application for the registration or renewal of a particular domain name. Further, you understand and acknowledge that we may also delete the registration of any domain name which we have registered, at any time for any reason.
Account management and security
You must use the Name.com Control Panel to manage your Name.com registered domain names, your account profile and any other ancillary services. You may also manage your Name.com registered domain names, your account profile and any other compatible ancillary services via the API if and only if you have completed the API application process and agreed to any and all additional Terms of Service.
You must maintain your account login details as confidential information, in order to preserve account security. You are solely responsible for maintaining the security of the login details of your account, including but not limited to your username, password and security questions and answers. You agree to immediately notify us in the event of any breach of security. We are not liable for unauthorized use or misuse of your usernames or passwords including but not limited to the transfer, redirection, suspension or deletion of any domain name or service.
In the event that you contact Name.com and claim that a third party has accessed your account or domains without your authorization, you agree that Name.com may charge you an administrative fee of $50 to begin an investigation of this claim, regardless of whether or not we modify the controlling party of the account and/or domain names. Please note that Name.com reserves the right to charge additional fees in our sole discretion. In the event that you fail to submit funds for these claims, Name.com reserves the right to not address your claim and/or disable your account and/or domain names.
You are responsible for any and all actions taken in connection with the domain names in your account. This includes actions of your agents, assignees and others to whom you have provided an email account or other services originating with us.
Expiration and renewal:
Keep good record of the expiration dates of all your registered domain names. It is your sole responsibility to ensure that all of your registered domain names are renewed prior to their expiration dates.
You agree that we are not liable for any claims of damage or loss arising from any failure to renew a domain name.
You understand and acknowledge that the renewal of a domain name is subject to payment of applicable fees prior to the domain's expiration date and that it is your responsibility to ensure that these fees are paid.
If you do not renew a domain name on or before its expiration date, the domain name will no longer resolve to the previously assigned name server(s). The domain name will be held in your account at Name.com for twenty-five (25) days following the expiration date ("Expiration Period") and you may renew the domain name at any time during this period by paying the applicable registration fees and any past-due renewal fees. Once you have paid all the applicable fees, we will reinstate the domain name to resolve to the previously assigned name server(s).
You acknowledge and agree that your right and interest in a domain name ceases at the end of the Expiration Period. At the end of this period, we will remove the domain name from your account and place it into a holding account for ten (10) days ("Hold Period"). We reserve the right to make any domain name that has entered the Hold Period available for registration to a third party. During the Hold Period, if the domain has not been registered by a third party, you may request that the domain be restored to your account at no additional cost. The applicable renewal fee and any other past due fees will be required to renew the domain and prevent the domain from being deleted.
Deletion, transfer or recovery during redemption grace period
At the end of the Hold Period we may, in our sole discretion, delete the domain name or transfer it to a third party.
If we delete the domain name, it may become subject to its Registry's 'Redemption Grace Period' during which the domain name may be recovered by Name.com and returned to you. If you decide to recover a domain name during this period, you agree to pay a charge of $120.00 USD ("Redemption Fee"), to cover the fee incurred from the Registry as well as administrative costs associated with recovery. The Redemption Fee is in addition to the applicable registration renewal fee and any other past-due fees.
At the end of many Registry Redemption Grace Periods, there may be a period during which expiring domain names are in "Pending Delete" status at the Registry. We cannot recover domain names in Pending Delete status. At the end of the Pending Delete status period, a domain name is made available for registration by the general public on a first-come, first-serve, basis. Some Registries do not offer Redemption Grace Periods, and so deleted domain names promptly become available for registration by anyone, on a first-come, first-serve, basis.
A domain name may be transferred from a current Name.com registrant to a third party and remain serviced by us. The new registrant must create a Name.com account first, then the prior registrant can transfer or "push" the domain name into the new registrant's account.
A domain name may also be transferred from Name.com to another registrar in accordance with the ICANN approved Inter-Registrar Transfer Policy, which can be viewed here: http://www.icann.org/transfers/. You acknowledge and agree that a domain name is ineligible for transfer to another registrar for sixty (60) days following registration or renewal at Name.com, transfer into Name.com, or transfer between Name.com registrants.
If you choose to resell domain names via Name.com, you understand, acknowledge and agree to the following:
You are prohibited from displaying the ICANN or ICANN-Accredited Registrar logo, or from otherwise representing yourself as accredited by ICANN unless you have written permission from ICANN to do so.
Any registration agreement used by you shall include all registration agreement provisions and notices required by the ICANN Registrar Accreditation Agreement and any ICANN Consensus Policies, and shall identify Name.com or provide a means for identifying Name.com, such as a link to the InterNIC Whois lookup service.
You shall identify Name.com upon inquiry from the customer.
You shall ensure that the identity and contact information provided by the customer of any privacy or proxy registration service offered or made available by you in connection with each registration will be deposited with Name.com or held in escrow or, alternatively, display a conspicuous notice to such customers at the time an election is made to utilize such privacy or proxy service that their data is not being escrowed. Where escrow is used, the escrow agreement will provide, at a minimum, that data will be released to registrar in the event you breach this agreement, and such breach is harmful to consumers or the public interest. In the event that ICANN makes available a program granting recognition to resellers that escrow privacy or proxy registration data as detailed above, and you meet any other criteria established by ICANN in accordance with its Bylaws, you shall be permitted to apply to ICANN for such recognition.
To the extent that Name.com is obligated to provide a link to an ICANN webpage, as detailed in subsection 3.15 of the 2009 Registrar Accreditation Agreement (http://www.icann.org/en/resources/registrars/raa/ra-agreement-21may09-en.htm ), you also shall be under an obligation to provide such linkage.
If Name.com becomes aware that you are in breach of any of the provisions of Section 3.12 of the 2009 Registrar Accreditation Agreement (http://www.icann.org/en/resources/registrars/raa/ra-agreement-21may09-en.htm ) or any other provision herein, we shall take reasonable steps to notify the you that you are in breach. Name.com reserves the right to terminate this agreement in its entirety, if the breach is not cured immediately.
- Web hosting services
Your rights and responsibilities
- The use of Name.com's web hosting service requires a certain level of knowledge in the use of Internet languages, protocols, and software. This level of knowledge varies depending on the anticipated use and desired content of your web site.
- You agree that you have the necessary knowledge to create a website or will contract with a third party to provide such services. You agree that it is not the responsibility of Name.com to provide this knowledge or customer support outside of the defined service of Name.com.
- You are solely responsible for the quality, performance and all other aspects of the content of any and all websites located on our servers.
- You agree to make use of Name.com servers primarily for the purpose of hosting a website, and associated email functions. Data uploaded must be primarily for this purpose. Name.com servers are not intended as a data backup or archiving service. Name.com reserves the right to negotiate additional charges with you and/or the discontinuation of the backups/archives at their discretion. If you exceed your allocated transfer bandwidth for a month, your hosting service may be immediately suspended.
- NO SPAM Name.com has a zero tolerance policy regarding the use of our services to distribute Unsolicited Commercial Email. Name.com reserves the right to immediately terminate, without refund if, in our sole discretion, determine you are in breach of this policy.
- Hosting space is intended for normal use only, and is limited to web files, e-mail and content of the hosted web sites, not for storage of media or other data. Hosting space may not be used as offsite storage for electronic files or for third party electronic mail or FTP hosts.
- You agree and warrant that you are the copyright holder or have obtained permission to use any content, images or associated content on your web site. Name.com is subject to the Digital Millennium Copyright Act (DMCA) and reserves the right to suspend or terminate any hosting account which is non-responsive to notifications regarding contested content.
- Name.com offers shared web hosting. As such, server resources are shared with other customers. If your website and/or associated scripts use processes which are adversely affecting server performance disproportionately Name.com reserves the right to negotiate additional charges with you and/or the discontinuation of the offending processes.
- Name.com makes no warranties or representations of any kind, whether expressed or implied for the service it is providing. Name.com also disclaims any warranty of merchant-ability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by you, including loss of data resulting from delays, non-deliveries or service interruptions by any cause or errors or omissions of the Customer. Use of any information obtained by way of Name.com is at the your own risk, and Name.com specifically denies any responsibility for the accuracy or quality of information obtained through its services. Connection speed represents the speed of a connection to and do not represent guarantees of available end to end bandwidth. Name.com expressly limits its damages to the Customer for any non-accessibility time or other down time to the pro-rata monthly charge during the system unavailability.
- Name.com specifically denies any responsibilities for any damages arising as a consequence of such unavailability. In the event that this material is not "Server-ready", Name.com may, at its option and at any time, reject this material, including but not limited to after it has been put on Name.com's Server. Name.com agrees to notify Customer immediately of its refusal of the material and afford Customer the opportunity to amend or modify the material to satisfy the needs and/or requirements of Name.com. If the Customer fails to modify the material, as directed by Name.com, within a reasonable period of time, which shall be determined between the parties themselves, the contract shall be deemed to be terminated.
- All domain names registered through Name.com that are 'parked' or are otherwise not immediately associated with a Name.com hosting plan will be automatically pointed to a "Coming Soon" web page OR a "Parked Page". The web page may be modified at any time by Name.com without prior notice to you and may include such things as, without limitation, links to advertising or links to additional products and services offered by Name.com.
- The "UNBELIEVABLE" Plan provides non-limited disk space and bandwidth if used in accordance with all Acceptable Use Policies. Name.com reserve the right to suspend account which, in our sole discretion, we determine are abusing shared server resources or whose disk space or bandwidth utilization is inconsistent with normal usge patterns.
- Domain nabber backorder service
No refunds will be issued for domains that are secured for the customer through a backorder.
Name.com will hold funds used to place a backorder until a) the customer manually requests a credit from inside their account for a backorder that has not attempted to secure the domain or b) an attempt was made to secure a domain that became available for public registration but was unsuccessful in acquiring the domain.
If an attempt is made to acquire a domain through the Domain Nabber service and which is unsuccessful, a refund will be issued in the form of account credit by default or to the payment method used to pay for the order if the customer selects this option from inside their control panel.
Anytime before 72 hours prior to when the domain name is scheduled to to become publicly available, you may request to cancel your backorder and receive a refund for the order amount.
Requests to cancel a backorder before an attempt is made to acquire the domain will result in the refund being issued to account credit by default or to the payment method used to pay for the order if the customer selects this option from inside their control panel.
If the price for a secured domain is higher than the price paid to place the initial backorder the customer will be immediately responsible for paying the difference in price. Failure to make payment will result in the customer forfeiting any rights or claims on the secured name as well as the initial backorder funds paid to secure the backorder.
If a customer fails to make payment for a secured domain, Name.com may delete and make available the domain for public registration or make the domain available to third parties for purchase at it's sole discretion.
Using our backorder service may result in your domain having a different registrar of record than Name.com LLC. By using our backorder service you acknowledge, understand and agree that you are bound by the materially similar Registration Agreement of the registrar of record, whoever that registrar may be.
Name.com cannot and does not in any way guarantee that it can acquire any domain name.
- goMobi mobile website tool
- The End User shall be granted a personal, revocable, non-exclusive, non-transferable, non-assignable, non-sublicensable license to:
- Use the Service; and
- Install and use a single copy of the Software solely for the purpose of redirecting mobile web traffic to the goMobi web site that is the subject of the goMobi subscription through searches of the Database (the "Additional Service").
- The End User shall during the term of the End User Agreement, to the extent reasonably possible, effect and maintain adequate security measures to safeguard the Service, Software and Additional Service from use by any unauthorized person.
- The End User shall not use the Service and/or the Additional Service in any way not expressly permitted under this Agreement. This includes a prohibition on:
- Use of the results of searches performed using the Service and/or the Additional Service for the purposes of publication or distribution to any other persons and/or the transfer of any information or data obtained from such into the public domain;
- Removing or modifying any markings on the Service or the Additional Service including reports or any notice of IP Rights;
- Modifying, selling, renting, leasing, transferring, assigning, disposing of, novating, sub-licensing, transferring any of its rights to, reselling for profit or distributing the Service and/or the Additional Service or creating derivative works based on the Service and/or the Additional Service or any part of them;
- Any distribution of data retrieved from the Database (or otherwise through the Service or Additional Service) in any form (whether printed, electronically relayed, posted to public list services or bulletin boards, magnetically stored or otherwise) to, or for the benefit of, any other person;
- Causing or permitting any alteration, adaptation, translation, decompilation, disassembly, or reverse engineering of the Service and/or the Additional Service (other than as permitted by applicable law);
- Copying the Software (provided however that End Users may take such copies or other reproductions of the Software as are strictly necessary for backup or archival purposes) and/or the Database or creating subsets or derivative databases from the Database in a manner not expressly permitted by this Agreement;
- The End User shall be solely responsible for ensuring compliance with all local laws and regulations in relation to its website and the website content.
- The End User shall be solely responsible for observing any applicable export and import laws that govern its use of the Service and/or the Additional Service. In particular, End Users shall not export the Software and/or the Database, or any part thereof, directly, or indirectly, in violation of these laws, or use them for any purpose prohibited by these laws including, without limitation, nuclear, chemical, or biological weapons proliferation.
- The End User shall agree that dotMobi may make commercial use of data arising from End User's use of the Service and/or the Additional Service.
- Other products and services
- Name.com's right to modify, change or cancel products or services
- Our relationship to you and agency
- All payment of fees for our services must be made in U.S. dollars.
- Incomplete, incorrect or questionable signup information can result in an account being suspended or termination or NOT being activated. Name.com reserves the right to place accounts on hold pending review of this information.
- Any losses or expenses incurred by you due to actions taken by Name.com in response to non-payment are not the responsibility of Name.com
- All fees for web hosting and domain renewal are due on or before the expiration of the current term.
- Domain name registration
- You agree to pay in full all applicable fees for all services we provide. All fees are non-refundable. We reserve the right to refuse or otherwise not process a domain name registration or renewal, and/or to suspend any other services, until all applicable fees have been paid, the funds have cleared, and any requested supplemental identification or authorization has been received.
- If you fail to pay any applicable fees to us when they are due and payable, or if any requested identification or authorization documents are not provided, we may take any or all of the following actions:
Our goal is to provide you with the best possible domain web related services. To fully understand the terms that apply to the services we offer, we suggest you please carefully read the following. By using the services of name.com, you agree to be bound by the terms of this agreement.
We are an accredited Registrar of the Internet Corporation For Assigned Names and Numbers ("ICANN") for the generic top level domains ("gTLDs") including but not limited to .com, .net and .org. We are also an authorized Registrar for country code top level domains ("ccTLDs") including .de, .co.uk, .nl and many others.
Name.com provides web hosting services in a variety of combinations, which include disk space, bandwidth, email and FTP services.
Name.com will make all reasonable attempts to acquire a domain on the customer's behalf that is being released by the registry and is being made publicly available for registration. By using the Domain Nabber Backorder service you agree to the following terms:
Name.com strives to constantly provide additional products and services to improve your web experience and expand the products and services available to you at Name.com. At Name.com's sole discretion any and all sections in this Agreement may or may not apply to any product or service provided by Name.com, regardless of whether the product or service is specifically listed in this Agreement.
We reserve the right to modify this Agreement and/or related agreements at any time. Changes to this Agreement will be posted to our website and become effective immediately upon posting. Your continued use of any of the services or products in your Name.com account constitutes your acceptance of any modifications to this Agreement.
We may, in our sole discretion, suspend, cancel, or modify our services or products or your use of our services or products at any time without notice to you.
You are subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
You acknowledge and agree that all services and products are provided on an "as is" and "as available" basis.
This Agreement shall not create any agency, partnership, or other form of joint enterprise between you and us.
In the case of services which are used or accessed by your agent(s), you understand and agree that you will be bound as principal by all terms and conditions in this Agreement. You agree to accept all liability for harm caused by wrongful use of any domain name registered to you. You agree to secure agreement of any third party agent to the terms and conditions of this Agreement.
- Immediately suspend or cancel access to your Name.com account;
- Assume full control of all domain names in your Name.com account; and
Web hosting services
- You agree to pay in full all applicable fees for all services we provide. Name.com offers a 30-Day Money Back Guarantee for all of our web hosting plans. If you are not satisfied with your service you may cancel within the first thirty days and receive a full refund, minus any domain registration fees. If your hosting plan included a free domain registration and you exercised said registration the refund will be less the cost of the registration.
- If we are unable to process a payment for your hosting plan by its due date, your account will be cancelled for non-payment and you will not be able to access your Web site or e-mail. When an account is cancelled, all copies of the Web site and e-mail files are permanently and irretrievably removed from our servers.
- All account credit issued by Name.com will expire after exactly five years of inactivity. Inactivity in this specific section is defined as the the time between (1) the date the account credit was issued or the date of any transaction that uses account credit and (2) the present. The five year inactivity window will always be extended to the most recent transaction. Account credit that expires will be removed from your account will no longer be valid or redeemable.
- Name.com will never charge a service fee, dormancy fee, inactivity fee, maintenance fee or any other type of fee on your Name.com account credit. Account credit is non-refundable.
To avoid the unintentional expiration and loss of your domain names and Services, you may choose to use our Automatic Billing Engine (ABE). You can change your ABE settings from the account or product level setting in the account Control Panel. ABE will automatically renew the registration of any of your domain names or other services up to 60 days prior to the expiration date to avoid interruption in services. Notices will be sent to account contacts to advise of upcoming expiration and pending renewals. All products or services renewed by ABE will be renewed for a registration period equal to the original registration period for which it was registered. For example, if you register a domain name for a one year period, it will renew for another one year period. ABE will continue to successively renew your domain names as long as you do not change your account setting and your credit card on file remains valid.
ABE will first attempt to charge the credit card on file designated as the default payment profile. It is your responsibility to ensure that your credit card number is on file, is valid, current, not expired and active, and has adequate credit to fund the renewal transaction. In the event that this transaction cannot be processed with the default payment profile for any reason, we will attempt to deduct account credit to use ABE. If the default payment profile fails, and there is insufficient account credit, your domain(s), product(s) or service(s) may expire and you may lose your rights to use the domain(s) or any services for which you have registered.
It your sole responsibility to ensure that the ABE is enabled or disabled per your preferences managed in your Name.com account. If ABE is enabled on any product or service within your account, you acknowledge, agree and authorize Name.com to automatically bill or charge to your credit card, or other applicable payment type, renewal fees for successive terms of equal length. Name.com reserves the right to, in our sole discretion, disable ABE at any time without prior notice to you.
You warrant that you are of legal age and have all requisite power and authority to execute this agreement and perform all obligations. You agree that use of our services is completely at your own risk.
As part of the registration process, you agree to provide the requested contact and other account information and to maintain and keep it promptly updated so that it is always current, complete, and accurate.
The following contact information is required for each domain name registered:
- Registrant's full name, postal address, e-mail address, voice telephone number, and fax number (if available); and
- If different from the Registrant's, contact information for Administrative, Billing and Technical contacts.
This information will be published in the publicly accessible WHOIS database per the specific Registry's operating procedure. You represent and warrant that you have given notice to and obtained consent from any third parties whose personal data you provide to us. You agree that Name.com is not responsible for any consequences resulting from your failure to give notice or get consent from these third parties, if any.
The following constitute a material breach of this Agreement and are sufficient reason for seizure, transfer, or cancellation of your domain names and/or other services:
- Failure to provide Name.com with accurate and reliable contact or account information;
- Failure to promptly update contact or account information; or
- Failure to respond to our inquiries concerning the accuracy of contact or account information provided.
If you license use of a domain name to a third party, you agree to remain the registered domain name holder and you will be responsible for providing and maintaining current, complete, and accurate information needed to quickly resolve any problems concerning the domain name. If you do license the use of a domain name, you agree to accept all liability for harm caused by its wrongful use.
You acknowledge and agree that it is your responsibility to determine whether the registration and use of your domain name infringes the rights of any third party or violates any applicable laws or regulations.
You warrant that neither the registration of your domain names, nor the manner in which they are or will be used, infringes the intellectual property rights or other legal rights of any third party.
You affirm and guarantee that you will not use our Services in connection with any illegal activities or in a manner that violates any applicable local, state, national, or international laws or regulations.
You also affirm and guarantee that neither the content you place on our network, nor the domain names you register through our services shall contain or resolve to websites hosted elsewhere which contain illegal activities or prohibited content or links to similar.
Illegal activities and prohibited content include but are not limited to:
- Content that depicts minors engaged in any activity of a sexual nature or which may otherwise harm minors;
- Activities that mislead or deceive minors into viewing sexually explicit material;
- Content or actions that attempt to defraud members of the public in any way (for example, "phishing" sites);
- Content or actions that are used to send unsolicited commercial email (SPAM) or email which is in violation of applicable laws or customary acceptable use of Internet connections, including but not limited to the transmission of child pornography;
- Content that is hateful, defamatory, derogatory or bigoted based on racial, ethnic, political grounds or which otherwise may cause or incite injury, damage or harm of any kind to any person or entity;
- Content that is threatening or invades another person's privacy or property rights or is otherwise in breach of any duty owed to a third party;
- Content or actions that infringe the trademark, copyright, patent rights, trade secret or other intellectual property rights, or any other legal rights of Name.com or any third party;
- Content or actions that violate any applicable local, state, national or international law or regulation;
- Content or actions that promote, are involved in or assist in, the conduct of illegal activity of any kind or promote business opportunities or investments that are not permitted under applicable law;
- Content that advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;
- Content that advertises or offers for sale any goods or services the Advertiser does not have the legal right to sell; or
- Content that links to or is associated with the sale, promotion or distribution of prescription medication that violates any applicable law or regulation.
If you are in violation of any of the above provisions or are engaged in any other misleading or illegal activities, you agree that we may suspend, cancel, transfer or modify your use of services or individual domain names without prior notice to you.
No fees will be refunded if any of the activities mentioned above, or any other inappropriate or illegal activities, result in the suspension, transfer or other such loss your domain name.
- Information will be transmitted to the designated Registry for your domain for use in the Registry's database for each of the gTLDs and ccTLDs;
- For inclusion in registries and databases maintained by us or our licensees, including the publicly available WHOIS database;
- For verification and/or clarification of orders;
- For management of your services;
- To let you know about the promotion of products and services that might be of interest to you as made available directly from Name.com and from trusted third parties.
- For inspection by law enforcement officials;
- In response to criminal or civil subpoenas and court orders;
- In connection with the sale of all or a portion of our assets, including without limitation any domain names you have registered;
- For archive with a third party escrow service as required by ICANN;
- For compliance with any rule, regulation or policy of ICANN or any governmental entity; or
- For purposes of inspection and any other purposes as may be required or permitted by applicable laws.
You are solely responsible for the ensuring that any information you provide to us complies with any and all existing contractual obligations between you and any third party, and/or any and all applicable laws and/or regulations. Name.com is not responsible for the actions of any third parties resulting from the use of any information provided by you in connection with any of our products or services.
In the event you utilize any whois privacy or proxy service offered by Name.com the whois privacy or proxy service providers contact details will be provided to a reputable escrow agent mutually approved by Name.com and ICANN in place of your contact details.
Any Domain Names obtained through our Aftermarket Services are subject to additional temporary limitations including, but not limited to, transferability.
Premium and/or Aftermarket domain names may not be transferred from Name.com to another registrar for a period of six months following the date that registration transfers from the domain seller to you. Furthermore, such domain names are subject to all terms and conditions of this Agreement for as long as the domain name(s) are registered through us.
We have fully adopted the ICANN Uniform Domain Name Dispute Resolution Policy ("UDRP") as our own trademark dispute resolution policy. You acknowledge that you have read and understood, and agree to be bound by the terms and conditions of the UDRP, found here.
In addition, if we are notified that your registration of any domain names is challenged by any third party, or is the subject of a complaint that has been filed with a governmental, administrative, or judicial body, then we may take responsive actions, including without limitation:
- Compliance with the orders or requirements of the governmental, administrative, or judicial body;
- Disabling access to the domain name registration;
- Suspending resolution of the domain name; and/or,
- Prohibiting modifications to the domain name record, including any transfer of the registration, until receiving further direction from the governmental, administrative, or judicial body, or notification from both yourself and the disputing party that the dispute has been settled.
As further set forth below, you agree to indemnify, defend and hold Name.com and affiliated parties harmless in any and all proceedings regarding a domain name that becomes subject to a UDRP or any other domain name dispute.
We do not warrant goods or services purchased or obtained through any of our services, nor any transactions entered through such services. 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 do not warrant that our services will meet your requirements, or that the services will be uninterrupted, timely, secure or error free; nor do we make any warranty as to the results obtained from the use of the services or as to the accuracy or reliability of any information obtained through our services.
You download or otherwise obtain any material and/or data through the use of our services at your own discretion and risk. You are 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 are not responsible or liable in any way for any errors, omissions or any other actions by the registry arising out of or in connection with your application for registration or renewal of a particular domain name, or a failure to register or renew a particular domain name.
To the extent some jurisdictions do not allow the exclusion of certain warranties, some of the above exclusions may not apply to you
You agree that Name.com's entire liability, and your exclusive remedy, with respect to any of our services provided under this Agreement and/or for any breach of this Agreement, is solely limited to the amount you paid to us for that service. Name.com LLC (including its agents, affiliates, officers, principals, owners, directors, employees, and contractors) 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 obtaining of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, Name.com's liability is limited to the minimum permitted by law.
Name.com will not accept any liability, except as set forth in the preceding paragraph, for any loss resulting from any cause, including but not limited to: negligence; conversion or trespass to chattels; willful acts or omissions; strict liability; the unauthorized or illegal activity of a third party; an error or omission in the WHOIS database maintained by either Name.com or a third party registrar; access delays or access interruptions; data non-delivery or data mis-delivery; events beyond our control or acts of God; the unauthorized use or misuse of your account, login or password; errors, omissions, or misstatements in any and all information or services provided under this Agreement; the deletion of or failure to store e-mail messages; the development or interruption of your website; your inability to use our services; the loss of registration or processing of a domain name or the loss of use of a domain name; the failure for whatever reason to register a domain name and/or to renew a domain name registration; or any act or omission by you.
You acknowledge and agree that we are not responsible or liable in any way for any errors, omissions or any other actions by the Registry arising out of or in connection with the your application for registration or renewal of a particular domain name. Neither are we liable for the Registry's failure to register or renew a particular domain name.
You agree to release, indemnify, and forever hold harmless, Name.com LLC and our directors, officers, employees, agents, contractors, shareholders, affiliates and assigns, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or related to your use of our goods or services. This includes, without limitation, any claim, action, proceeding, suit, or demand arising out of or related to: infringement, dilution, or any other illegal activity by you, or a third party's use of our services from your computer and/or account with us; infringement or violation of any intellectual property or other proprietary right of any person or entity; violation of any of our operating rules or policies or terms and conditions of this Agreement or any other agreement relating to the services provided; your application for, registration or renewal of a domain name; or any failure to register or renew a domain name.
You agree to indemnify, defend and hold harmless Registries and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration.
You shall promptly provide us written assurances of your indemnification obligation, if we request it. Your failure to provide such assurances will be considered a material breach of this Agreement, and may lead to suspension, transfer and/or deletion of any domain name(s) registered by you.
Your indemnification obligation shall survive the termination or expiration of this Agreement.
Your failure to comply completely with the terms and conditions of this Agreement, or any of our other agreements, rules or policies, will be considered a material breach of this Agreement.
In such event, we may provide you with notice of the breach via email to the address you have provided us. After we have provided such notice, you will have two (2) business days to either cure the breach or offer evidence to show you are not in breach. In our sole discretion, our further actions may include, but are not limited to, suspension, transfer, or cancellation of your domain name(s) and/or any other of our services.
Our failure to act upon or notify you of any breach shall not excuse you from that breach or from any future breach.
You acknowledge and agree that all notices from us to you will be sent via email to the contact email address provided for your account at the time the notice is prepared. Any notice sent shall be deemed to have been received and effective at the time and date of transmission logged by the sender's email server.
We have no responsibility to attempt contact through any means or address you may provide, other than the email address listed on your account.
All domain names registered via Name.com will automatically be provided a Parked Domain Service. All domains will default to our name servers unless and until you modify your default settings. At any time, you may disable the placeholder page by updating, modifying or otherwise changing the name servers for the relevant domain name.
Domain names using our Parked Domain Service may display a placeholder page for your future website. These placeholder pages may include contextual and/or other advertisements for products or services. Name.com will collect and retain any and all revenue acquired from these advertisements, and you will have no right to any information or funds generated via the Parked Domain Service.
You agree that we may display our logo and links to our website(s) on pages using the Parked Domain Service.
Name.com will make no effort to edit, control, monitor, or restrict the content displayed by the Parked Page Service. Any advertising displayed on your parked page may be based on the content of your domain name and may include advertisements of you and/or your competitors. It is your responsibility to ensure that all content placed on the parked page conforms to all local, state, federal, and international laws and regulations.
It is your obligation to ensure that no third party intellectual or proprietary rights are being violated or infringed due to the content placed on your parked page. Neither Name.com nor our advertising partners will be liable to you for any criminal or civil sanctions imposed as a direct or indirect result of the content or links (or the content of the websites to which the links resolve) displayed on your parked pages.
As further set forth above, you agree to indemnify and hold Name.com and its affiliated parties harmless for any harm or damages arising from your use of the Parked Domain Service.
Terms of this Agreement are severable. If any term, provision or section of this Agreement is declared illegal, invalid or unenforceable, then it shall be severed and disregarded and shall not affect the interpretation or operation of the remaining terms or provisions, which shall remain in full force and effect.
If we fail to require your performance of a provision of this Agreement, it will not be considered a waiver of our right to require such performance at any later time. Our waiver of a breach of any provision of this Agreement will not be considered a waiver of the provision itself, nor a waiver of that breach or any future breach.
This Agreement, all of our other published agreements, rules and policies, constitute the entire agreement between you and us, and supersedes all previous agreements and understandings between you and Name.com.
Except as otherwise set forth in the UDRP or any similar ccTLD policy, with respect to any dispute over a domain name registration, this Agreement is entered into in the State of Colorado. Any disputes regarding the Agreement will be governed by and interpreted under the laws of the State of Colorado. You agree that any action relating to or arising out of this Agreement, from your use of our website, or otherwise relating to the provision of services to you, will be brought in an appropriate court located within the City and County of Denver, Colorado.
The following additional provisions apply to any domain names that you register through Name.com with the relevant registries:
The .AT registry has special rules regarding the expiration and deletion of .AT domains. Customers who choose not to renew .AT domains at their expiration should take note of these requirements, which are listed below:
If you do not intend to renew your .AT domain when it comes up for renewal, you will need to complete the official NIC.AT cancellation form at least 28 days before it's expiration date and return it directly to the .AT registry..
If an official cancellation form is not received by the .AT registry 28 days prior to the domain's expiration date, Name.com will be required to withdraw the registration, which will result in NIC.AT billing you directly for the subsequent registration period at the NIC.AT standard rate. Failing to make payment to NIC.AT may result in collections action.
To have your .XXX domain name become a live website, you must self-attest to being a member of the Sponsored Community and complete the Membership Application. Registered .XXX domains will remain on hold until you complete the Membership Application, and apply your Membership Token to your .XXX domains from inside your Name.com account. No refunds will be issued for domains that remain on hold as a result of an incomplete Membership Application or lack of a Membership Token. Further details regarding the confirmation process are available at ICM registry.