Domain Terms of Service

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and the Company (as defined below), as the sponsoring registrar, or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here. For all customers, “Company”, ”we”, “us” or “our” shall refer to Barketing Solutions.  By using the Company’s domain registration services (the “Services”), you agree to be bound by this Registration Agreement. Please read this agreement carefully.

We may modify, add, or delete portions of this Registration Agreement at any time. In such event, we will post a notice that we have made significant changes to this Registration Agreement on our website for at least 30 days after the changes are posted and will indicate at the bottom of this Registration Agreement the date these terms were last revised. Any revisions to this Registration Agreement will become effective (i) 30 -days after the notice of modification, addition or deletion has been posted or (ii) the first time you access or use the Services after such changes. If you do not agree to abide by this Registration Agreement, you are not authorized to use or access the Services.

You acknowledge and agree that the Company may modify this Registration Agreement with or without notice in order to comply with any terms and conditions set forth by Internet Corporation for Assigned Names and Numbers (“ICANN”) and/or the applicable registry administrators (“Registry Administrators”) for the top level domains (“TLD”) or country code top-level domains (“ccTLD”).

  1. OUR SERVICES. Your domain registration will be effective upon the occurrence of all of the following:
    1. You accept all terms and conditions of this Registration Agreement and the Company’s Terms of Service and its ancillary documents;
    2. The Company accepts (in its sole discretion) your domain registration application
    3. The Company receives payment of the registration, renewal and reinstatement fees, as applicable; and
    4. The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.
  2. COMPANY ABSTRACT, REGISTRATION, AND DISPUTE
    1. Accreditation. We are a reseller for an officially accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for the “.COM”, “.NET”, “.ORG”, “.BIZ”, “.INFO”, “.CA”, “.CO.UK”, “.PET”, “.DOG and “.US” Top-Level Domains (“TLDs”), and other future TLDs. As such, we have been granted full rights to provide the Services for Second-Level Domains within these TLDs. ICANN oversees the Domain system management for such present and future TLDs. Upon accepting your Application, we become your sponsor for that Application.
    2. Time Registration Effective. All Registrations that we register for the applicable TLDs are not effective until we have delivered (when applicable) the required Registration information that you provide us to the registry administrator (the “Registry”) for the applicable TLDs and such Registry puts your Registration into effect.
    3. No Responsibility for Registry’s Actions. While we always take extreme care in processing your orders, you agree that we are not liable or responsible in any way for any errors, omissions, or any actions by the Registry arising out of or related to your Application and receipt of, or failure to receive, a Registration.
    4. Domain Disputes. You agree that, if your use of our Services is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy.
    5. Judicial and Administration Proceedings. If we are notified that a proceeding has been commenced with a judicial or administrative body regarding your Domain and/or your use of our Services, you agree not to make any changes to your Domain record without our prior written approval. We may, at our sole discretion, not allow you to make changes to such Domain record until: (i) we are directed to do so by the judicial or administrative body; or (ii) we receive 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 and use of our Services, we may deposit control of your Domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.
    6. Indemnification. You agree to indemnify, defend, and hold harmless our company, the Registry, their respective parent companies and subsidiaries, and all of their respective executives, directors, officers, attorneys, managers, employees, consultants, contractors, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including, without limitation, legal costs) arising out of or related to your Registration. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.
    7. Lawsuit. If we are sued or threatened with lawsuit in connection with Services provided to you, you agree to indemnify us and to hold us harmless from all claims and expenses (including attorney’s fees and court costs) pertaining to such lawsuit. Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter. Such deposit will be drawn down as expenses are incurred. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate your Services for a failure to make or renew such a deposit. We will return any unused deposit upon the conclusion of the matter.
  3. FEES
    1. Your Obligation. You, or the reseller (“Reseller”) on your behalf, will be responsible for paying all fees associated with the Services provided by us. When renewal fees are due, it will be your sole responsibility to ensure that such fees are paid to us on time.
    2. Payment & Deadline. You must make payments by credit card or such other method as we may authorize or indicate in the Registration renewal form (“Renewal Form”). Should you fail to pay the fees by the due date specified, we have the right to terminate your Registration at our sole discretion. You agree that we will have no liability whatsoever with respect to any such termination.
    3. Fees Non-Refundable. All fees, including, without limitation, Pre-Registration fees, are non-refundable, in whole or in part, even if your Registration is suspended, terminated, or transferred prior to the end of your then current Registration term. All Pre-Registration fees are non-refundable.
    4. Fee Changes. We reserve the right to change fees, surcharges, and renewal fees, and to institute new fees at any time, for any reason, at our sole discretion.
    5. Actual Payment Required. Your requested Domain will not be registered, or pre-registered, unless we receive actual payment for the Registration or Pre-Registration fee, or at least reasonable assurance of payment of the Registration or Pre-Registration fee from some other entity (such reasonable assurance will be determined at our sole discretion). For Pre-Registration Services, Registration will not be granted to you if payment is not received by us.
    6. Credit Card Charge Back. In the event of a charge back by a credit card company (or similar action by another payment provider approved by us), in connection with the payment of your Registration fee, you agree that the Registration will be transferred to us as the paying entity for that Registration to the Registry. You also agree that we reserve all rights regarding such Domains including, without limitation, the right to make the Domains available to other parties for purchase. We may reinstate your Registration at our sole discretion and, subject to receipt of the initial Registration or renewal fee and then current reinstatement fee.
    7. Outstanding Fees/Charges. You are responsible for the full and prompt payment of any outstanding fees and/or charges, notwithstanding the termination or expiry of this Agreement for any reason. If your domain reaches redemption status and you wish to renew it during this period, a fee ranging from $150 to $1000 (depending on the TLD involved) will be charged in order to do so.
  4. DOMAIN OWNERSHIP
    1. Ownership of Domain. You understand and acknowledge that the Registrant also referred as Registered Name Holder, whose name is on record, will have sole legal ownership of the Domain. It is your sole responsibility and not that of Barketing Solutions or our upstream providers in any way, to ensure that the proper Registrant name is recorded.
    2. Domain Privacy. Barketing Solutions offers no domain privacy services whatsoever.  You may select from our control panel to transfer a domain name to the Registered Name HolderFundacion Private Whoisin order to mitigate spam and protect your privacy when the corresponding Registry allows it.  Fundacion Private Whois is an independent third party not affiliated in any way with Barketing Solutions or our upstream providers. Please read the “Terms and Conditions” of Fundacion Private Whois HERE, before transferring a domain name to the Registered Name Holder Fundacion Private Whois.
  5. CHANGES TO THE AGREEMENT

You agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with our agreement with ICANN, or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the Domain registered to you will constitute your acceptance of this Agreement with any new change. If you do not agree to any such change, you may request that your Registration be cancelled or transferred to a different Domain 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

6. REGISTRATION INFORMATION, USE, & LIMITATIONS

  1.  Information. As part of the Registration process, you must provide certain information and promptly update the information to keep it true, correct, accurate, current, and complete. You must provide the following information when registering your Domain:(i) The legal name and postal address of the Registrant (the Domain owner/holder), even if you use Private Whois (Domain Privacy) service;(ii) The Domain being registered;

    (iii) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative contact for the Domain;

    (iv) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the technical contact for the Domain;

    (v) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the billing contact for the Domain;

    (vi) The IP addresses of the primary nameserver and any secondary nameserver for the Domain, if required;

    (vii) The corresponding names of those nameservers, if required;

    (viii) Any remarks concerning the Domain that should appear in the Whois directory;

    (ix) Any other data that any Registry may require to be submitted to it, including, specific information regarding the primary purpose for which a Domain is registerer

  2. Information About Third Parties. If you provide information about a third party, you hereby represent that you will have: (i) provided prior written notice to the third party of the disclosure and use of that party’s information; and (ii) obtained the third party’s express prior written consent to the disclosure and use of that party’s information
  3. Failure to Provide Proper Information. You acknowledge that if you provide any inaccurate information, or fail to update information promptly, you will be in material breach of this Agreement, which will be sufficient cause for termination of your Registration. You further agree that your failure to respond to inquiries made by us to the e-mail address of your administrative, billing, or technical contact then appearing in the Whois directory concerning the accuracy of any information related to your Registration will constitute a material breach of this Agreement, which will be sufficient cause for immediate termination of your Registration.
  4. Enforcement of Accurate Whois Data. We reserve the right to accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants and follow any other procedures set forth in any agreement we have with a particular Registry.
  5. Disclosure & Use of Registration Information. You agree that we will make your Registration information available to ICANN and the Registry, and their respective designees and agents, and to any other third party as ICANN and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all of your Registration information for the purposes of inspection (such as through our WHOIS Service) or for other purposes as required or permitted by ICANN and applicable laws.
  6. Government Use of Information. You understand and agree that the Government of Canada shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit others to do so, all Data provided by the Registrant. “Data” means any recorded information, and includes, without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
  7. ICANN Guidelines & Requirements. You agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. You also agree and consent to any and all such disclosures, uses, guidelines, limits, and restrictions related to your Registration information (including, without limitation, any and all updates to such information), whether during or after the term of your Registration. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration information by us.
  8. Access to Registration Information. You may access your Registration information, which is in our possession to review, modify, or update such information. You can access your Registration information by accessing our Account Management On-Line Forms, or similar Service, made available at our web site. We are not responsible to determine whether the domain name(s) you select, or the use you or others make of the domain name(s), or other use of the Services, infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others.

 

7. DOMAIN REGISTRAR TRANSFERS

  1. Fees. Before any registrar transfer Service (incoming transfer) provided to you by us becomes effective, you or the reseller on your behalf, must pay us the then current registrar transfer fee for the registrar transfer Service for your Domain.
  2. Request to Transfer Registration. Only the Registrant of the Registration and Domain, may initiate a request to transfer the Registration from a particular registrar to us (incoming transfer) or from us to another registrar (outgoing transfer). Therefore, you hereby represent that you have the full and complete authority as the holder of the Registration and Domain to initiate any transfer, or as a contact listed on the current Registration, that you have been given full and complete authority by the Registrant to initiate the transfer. We at our sole discretion may require you to provide documentation that proves that you are the valid Registrant and you have the authority to issue the transfer request.
  3. Right to Refuse Transfer. We reserve the right to deny any request to transfer a Registration during the first sixty (60) days after the initial Registration with the original registrar if: (i) denial is in in accordance with the circumstances described in this Agreement under the Dispute Policy; (ii) there is a pending bankruptcy of the Registrant; (iii)  there is a dispute over the identity of the Registrant; (iv) by operation of law; or (v) at the discretion of the then current registrar. It is the sole responsibility of the Registrant to ensure that the request to transfer will not be denied for any of the above reasons prior to initiating and paying for the registrar transfer Services. Fees are not refundable, however after a failed transfer funds will be made immediately available to your pre-paid account and they can be applied to subsequent transfer requests.
  4. Successful Completion of Registrar Transfer Request. Upon successful completion of a registrar transfer request, we will immediately become the registrar of record. As such, you will be bound by this Agreement.

8. OWNERSHIP OF DATA

We own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. We own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the registrant and 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 Services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

9. AGENTS AND LICENSES

  1. Warranty of Authority. If you are registering a Domain for someone else, you warrant and agree that you have the authority to bind that person as a principal to all the terms and conditions provided herein.
  2. License to Third Party. If you license the use of the Domain registered to you to a third party, you warrant and agree that you nonetheless remain the Registrant (the Domain holder of record), and remain responsible for any and all obligations under this Agreement, including, without limitation, payment and providing (and updating, as necessary) your full, current, accurate, and complete contact information and administrative, technical, and billing contact information, adequate to facilitate timely resolution of any problem that may arise in connection with the Domain and Registration.
  3. REFUND POLICY

All sales are final and non-refundable. Fees will not be refunded if we choose to cancel, terminate or suspend your registration for any reason. We will evaluate special requests on a per case basis but only if submitted within 4 days from the date of purchase.

  1. EXPIRATION OF DOMAIN NAME REGISTRATION

After 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 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 and your Service Provider or Reseller 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.
You agree that after expiration of the term of a domain name registration we may, for a period of thirty (30) days (the “Expiry Period”), either: i) remove the domain name from the zone of the top-level-domain; or ii) direct the Domain to name-servers and IP address(es) of website(s) designated by us, including, without limitation, to IP address(es) which host a parking page or a commercial search engine that may display advertisements. If we exercise our rights under this provision, and if you do not contact us to pay for and renew the Domain prior to the end of the Expiry Period, you agree that you have abandoned the Domain and you relinquish any and all rights that you may have had to the Domain to us other than the rights that we provide to you in this Agreement.
After the Expiry Period, you agree that we may either: (i) delete the Domain at any time thereafter; (ii) pay the Registry’s registration fee or otherwise allow it to continue to be registered and that we may list ourselves or a third party as the registrant of the Domain in the WHOIS information and pointing the Domain to the name-server(s) and IP address(es) designated by us; or (iii) put the Domain up for auction or otherwise sell the Domain, in which case you relinquish all rights and control over the Domain and Domain Services. If we are named as the Registrant for the Domain after the Expiry Period, the ability to redeem the Domain will be available to you for a period of thirty (30) days (the “Registrar Redemption Period”) for a redemption fee equaling that charged for Domains that have been deleted and available for redemption at the Registry. You agree that this service is functionally equivalent to ICANN’s or a registry’s redemption grace period, which may normally occur after deletion. After the Expiry Period you agree that you have abandoned the Domain and you relinquish any and all rights that you may have had to the Domain to us.

  1. LIMITATION OF LIABILITY

YOU AGREE THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF THE COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

  1. DISCLAIMER

ALL THE SERVICES ARE PROVIDED TO YOU “AS IS,” AND WE WILL HAVE NO LIABILITY FOR FAILURE OF ANY OF THE SERVICES WE PROVIDE, WHETHER UNDER THE LAW OF STRICT LIABILITY, PRODUCTS LIABILITY, NEGLIGENCE, OR OTHERWISE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR OUR SERVICES, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT THE REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR REGISTRATION OR FROM SUSPENSION, CANCELLATION, TERMINATION, TRANSFER, OR ANY OTHER LOSS OF THE DOMAIN REGISTERED TO YOU. FOR THE PURPOSES OF THIS SECTION, “WE” INCLUDES, WITHOUT LIMITATION, OUR EXECUTIVES, DIRECTORS, OFFICERS, ATTORNEYS, MANAGERS, EMPLOYEES, CONSULTANTS, CONTRACTORS, AGENTS, PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, REGISTRIES, THIRD-PARTY PROVIDERS, MERCHANTS, LICENSORS, OR THE LIKE, OR ANYONE ELSE INVOLVED IN CREATING, REGULATING, PRODUCING, OR DISTRIBUTING OUR SERVICES.

  1. REPRESENTATIONS & WARRANTIES
    1. Against Infringement. You represent and warrant to us that you hold the necessary rights to use, or permit to use, any item used through our Services, and that such use will not in any way:(i) The legal name and postal address of the Registrant (the Domain owner/holder), even if you use Private Whois (Domain Privacy) service;(ii) The Domain being registered;

      (iii) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the administrative contact for the Domain;

      (iv) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the technical contact for the Domain;

      (v) The full legal name, postal address, e-mail address, voice telephone number, and, when available, fax number of the billing contact for the Domain;

      (vi) The IP addresses of the primary nameserver and any secondary nameserver for the Domain, if required;

      (vii) The corresponding names of those nameservers, if required;

      (viii) Any remarks concerning the Domain that should appear in the Whois directory;

      (ix) Any other data that any Registry may require to be submitted to it, including, specific information regarding the primary purpose for which a Domain is registerer

    2. Registration Information. You represent and warrant that all information provided by you in connection with your Registration, including information related to Online Pharmacy Certification, is, and will be, true, current, accurate, and complete at all times. Breach of this section will constitute material breach of this Agreement and cause for immediate cancellation of your Registration, Domain and our Services.
      1. Infancy: You attest that you are of legal age to enter into this Agreement.
      2. Registry supplemental policies and rules: You agree to be bound by the rules, policies, and agreements of each Registry from which you purchase directly or indirectly a domain registration using our Services. Refer to the incorporated ADDITIONAL REGISTRY REQUIREMENTS section for specific details for each registry if any.

Breach of any of these sections will constitute a material breach of this Agreement and cause for immediate termination of our Service(s), your Registration(s) and your Domain(s). You further agree to protect, defend, hold harmless, and indemnify our company, any third party entity related to us (including, without limitation, any Registry), and our executives, directors, officers, attorneys, managers, employees, consultants, contractors, agents, parent companies, and subsidiaries from and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions, including, without limitation, any and all legal fees and expenses arising out of or resulting from the Registration, use of the Domain, or from any breach of this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy. This indemnification obligation will survive the termination or expiration of this Agreement for whatever reason.

  1. BREACH & REVOCATION
    1. Revocation by us. We reserve the right to immediately suspend, cancel, terminate, transfer or modify your Registration for any reason, including, without limitation, if: (i) your material breach of this Agreement; (ii) your use of any services, including, without limitation, the Domain registered to you, that is in contradiction of applicable laws or customarily acceptable usage policies of the Internet, including, without limitation, sending unsolicited commercial advertisements (including, without limitation, spamming) or sending threats, harassments, and obscenities;  referred to in section 6 of this Agreement; (III) our receipt of an order from a court of competent jurisdiction or an arbitration award; or (IV) any other grounds for suspension, cancellation, termination, transfer or modification that is determined by our sole discretion. You understand and agree that you will not receive any refund whatsoever for any such suspension, cancellation, termination, transfer or modification of your Registration for any reason.
    2. Revocation by ICANN, Registry, or Registrar. You further acknowledge and agree that your Registration is subject to suspension, cancellation, termination, transfer, or modification by any ICANN procedure, any Registry procedure approved by an ICANN-adopted policy, or our company.
    3. Civil/Legal Liability for Breach. ANY BREACH OF THIS AGREEMENT MAY RESULT IN CIVIL ACTION, LEGAL ACTION, AND/OR CRIMINAL PROSECUTION AGAINST YOU.
  1. GOVERNING LAW & SEVERABILITY
    1. Governing law.  Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by as follows. Any controversy or claim arising out of or relating to this Agreement, the formation of this Agreement or the breach of this Agreement, including any claim based on an alleged tort, shall be governed by the substantive laws of province of Ontario, Canada.

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE COMMONWEALTH OF THE BAHAMAS APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NASSAU AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

16. NOTICES

You agree that any notice required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the contact information you have provided.

17. GENERAL

1. Entire Agreement. This Agreement, in addition to any other specific agreement between you and us, constitutes the full and complete understanding and agreement between you and us relating to the subject matter hereof. Except whenexpressly agreed to the contrary in writing by us, this Agreement supersedes any other written (including, without limitation, digitized/computerized) agreement, any oral agreement, or any actual or alleged agreement by conduct.

2. Independent Contractor Relationship. Nothing in this Agreement will be construed as creating a partnership or relationship of employer and employee, principal and agent, partnership or joint venture between you and us. You and our company will each be deemed an independent contractor at all times and will have no right or authority to assume, create, or incur any obligation on behalf of the other, except as may be expressly provided herein. You must not, in any way, misrepresent your relationship with us, attempt to pass yourself off as us, or claim that you are us.

3. No Waiver. The failure of our company to require your performance for any provision of this Agreement will not affect our full right to require such performance at any time thereafter; nor will the waiver by us of a breach of any provision of this Agreement be taken or held to be a waiver of the provision itself.

4. Survival of Termination. Sections 2, 3, 5, 9, 11, 12, 13, 14, 15, 16, and 17, and the Dispute Policy, will survive the expiry or termination of this Agreement for any reason.

18. DOMAIN DISPUTE RESOLUTIONS POLICY

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

19. ADDITIONAL REGISTRY REQUIREMENTS

.BIZ

Should you seek to register a .BIZ domain name you and the registrant, must also agree to the following terms:

Indemnification:

You agree to indemnify, defend and hold harmless the .BIZ Registry Operator, NeuStar, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

  1. Registration Requirements

You certify:

  1. a)The data provided in the domain name registration application is true, correct, up to date and complete; and
  2. b)The registrant and you will keep the information provided above up to date.

You certify to the best of your knowledge:

  1. a)The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.
  2. b)The domain name registrant has the authority to enter into the registration agreement; and
  3. c)The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.

For purposes of the .biz Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:

  1. To exchange goods, services, or property of any kind;
  2. In the ordinary course of trade or business; or
  3. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii)the ordinary course of trade or business.

Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.
For illustration purposes, the following shall not constitute a “bona fide business or commercial use” of a domain name:

  1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
  2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering abcsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);
  3. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.
  4. .Biz Dispute Resolution Services

You and the Registrant acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:

(i) The Uniform Domain Name Dispute Resolution Policy, currently available at http://www.icann.org/udrp/udrp.htm; and

(ii) The Restrictions Dispute Resolution Criteria and Rules, currently available at

http://www.neustar-registry.biz/?q=node/51.

The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.

The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.

III. Reservation

Registry Operator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and stockholders; (4) for violations of this Agreement and its Exhibits; or (5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry Operator also reserves the right to lock or place on hold a domain name during resolution of a dispute.

.COM and .NET

Should you seek to register a .COM and/or a .NET domain name you and the registrant, must also agree to the following terms:

Indemnification:

You agree to indemnify, defend and hold harmless the .COM and .NET Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

.UK

Should you seek to register a .UK domain name, in addition to the above terms and condition you and the registrant must also agree to the following terms and conditions:

Indemnification:

You agree to indemnify, defend and hold harmless the .UK Registry Operator, Nominet UK (Company No. 3203859), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.
Additional terms and conditions:

http://www.nominet.org.uk/nominet-terms
http://www.nic.uk/registrants/aboutdomainnames/legal/terms/ 

.INFO

Should you seek to register a .INFO domain name you and the registrant, must also agree to the following terms:

The .info Registry is Afilias LTD

Indemnification: 

You agree to indemnify, defend and hold harmless the .info Registry, Afilias LTD and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration. This indemnification obligation survives the termination or expiration of the registration agreement.

Compliance:

You agree to comply with each of the following additional requirements:

  • ICANN standards, policies, procedures, and practices for which Afilias has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and
  • consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Afilias and its designees and agents; and
  • submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”); and
  • immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and
  • acknowledge and agree that Afilias reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Afilias, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement or (5) to correct mistakes made by Afilias or any Registrar in connection with a domain name registration. Afilias also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

 

.ORG

Should you seek to register a .ORG domain name you and the registrant, must also agree to the following terms:

Indemnification:

You agree to indemnify, defend and hold harmless the.ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. This indemnification requirement shall survive the termination or expiration of this Agreement.

.CA

Should you seek to register a .CA domain name you and the registrant, you agree to the following terms here: https://barketing.co/ca-registrant-agreement/

.PET

 

In addition to your registration agreement, the .pet Registry-Registrar Agreement (“RRA”) terms and conditions set out here shall apply. In the event of any inconsistency between the terms of your registration agreement and the terms set out here, the RRA terms shall prevail. 1. Registered Name Holder agrees to indemnify, defend and hold harmless registry and its subcontractors, and the directors, officers, employees, affiliates and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the registered name holder’s domain name registration. This indemnification obligation shall survive the termination or expiration of the registration agreement. 2. Each Registered Name Holder shall comply with each of the following requirements: a. ICANN standards, policies, procedures, and practices as may be adopted or amended from time to time; b. Operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and the Registry Agreement signed with ICANN. Additional or revised Registry operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days notice by Registry to Registrar. If there is a discrepancy between the terms required by this Agreement and the terms of the Registrar’s registration agreement, the terms of this Agreement shall supersede those of the Registrar’s registration agreement; and c. Eligibility and acceptable use policy (as set forth on the Registry website, as amended from time to time), public interest commitments (as set forth in the Registry Agreement, as amended from time to time), community registration policies and Government Advisory Committee („GAC“) safeguards. 3. Registered Name Holder shall: a) consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry and its designees and agents in a manner consistent with the purposes specified pursuant to this Agreement b) submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) and/or Uniform Rapid Suspension (“URS”); and c) immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; d) agree to be bound by the terms and conditions of the initial launch of the Registry TLD as published by Registry from time to time, including without limitation any sunrise period, limited registration period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or Registry for the TLD (including without limitation the Trademark Clearinghouse), and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, limited registration period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation: (i) the ability or inability of a registrant to obtain a Registered Name during these periods, and (ii) the results of any dispute resolution process regarding a registration; and e) acknowledge and agree that registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement; (5) for the non-payment of fees or (6) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.

20. ADDITIONAL REGISTRY REQUIREMENTS

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by, which incorporates by reference, all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the TLDs in which you register any domain.