Domains Service Agreement
Last updated: October 1, 2014
In this Domains Service Agreement ("Agreement"), "Registrant", "you" and "your" refers to the Registrant of each domain name registration, "we", "us" and "our" refers to MH Sub I, LLC and "Services" refers to the domain name registration services provided by us. Any reference to a "Registrar," "Registry" or "Registry Operator" refers to the registry administrator of the applicable top-level domain ("TLD"). This Agreement explains our obligations to you, and explains your obligations to us for the Services.
By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound to the Registrar’s current terms and conditions listed on the Registrar’s website, respectively (the "Registrar Terms"). For those domain registered through OpenSRS, you agree to their Exhibit A in addition to this Agreement. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry will prevail. This Agreement is a supplement to the Service Terms and Conditions. Any conflict between this Agreement and the Service Terms and Conditions, the Service Terms and Conditions will control. Any undefined terms herein will have the meaning ascribed to them in the Service Terms and Conditions.
By using our domain services, you consent to the terms of this Agreement. Our services under this Agreement and subject to this Agreement include: upon your request and on your behalf, the registration of a second level domain name or the renewal of an existing domain name (the “Domain Name”) with a registrar we select, if such domain name is available. Examples of potential Registrars for the Services may be eNom, GoDaddy, OpenSRS, SRS Plus, Network Solutions or a Registrar we own. . You acknowledge and agree that we cannot guarantee that you will obtain your desired domain name, even if at the time we submit your application, the inquiry indicates that the desired domain name is available. We act only as an intermediary between you and the Registrar and have no influence over the assignment of domain names. All domain Registrants, regardless of their domain Registrar are entitled to certain rights and benefits, as specified by ICANN.
2. Your Information
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information: your name, postal address, email address, and telephone numbers.
Your willful failure to provide inaccurate or unreliable information, or your willful failure to promptly update information provided to us, or any failure to respond to our inquiries concerning the accuracy of contact details associated with the domain name registration, addressed to the email address of the registrant appearing in the Whois directory, will constitute a material breach of this Agreement and will be a basis for cancellation of the domain name registration. , Any information collected by us concerning an identified or identifiable natural person, ("Personal Data,") will be used in connection with the registration of your domain name, and for the purposes of this Agreement, and as required or permitted by ICANN or an applicable Registry policy.
3. Verifying Your Domain
Due to ICANN’s 2013 Registrar Accreditation Agreement, any domains registered or transferred through us must be verified through email. The listed Registrant of a domain name will be sent an email asking them to confirm or transfer the registration within 15 days. This email confirmation will ensure that your name and email have been set as a way to verify that you own the domain. You must click on the verification link within this email; failure to do so may result in suspension of the domain name. Please contact your customer service representative if you need assistance.
As consideration for the Services, you agree to pay us the applicable service fees prior to the registration or renewal of the desired domain name. All fees payable hereunder are non-refundable, even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Services, you agree to:
Provide certain current, complete and accurate information, as required by the registration process, and
Maintain and update this information as needed to keep it current, complete and accurate.
All such information will be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate.
We and each Registrar reserve the right to terminate your domain name registration if:
Information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or
You have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable.
You acknowledge that a breach of this Section 4 will constitute a material breach of our Agreement, which will entitle either us or a Registrar to terminate this Agreement immediately upon such breach without any refund and without notice to you.
5. Term and Renewals
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Domain names are registered for a finite period of time. You will receive reminders from us immediately prior to the expiration of your registration inquiring whether you want to renew your domain name and specifying the amount of time you have to respond to our inquiry in order for us to renew your domain name. In the event that you fail to respond to our inquiries regarding the renewal of the domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If your registration expires, your domain name may cease to resolve and visitors to your site may be redirected to a default page informing them that the site is no longer in service.
If your registration expires and we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of thirty (30) days during which you may re-register the domain name from us. Additional costs for the redemption and re-registration will apply ($100 per domain). During our stated grace period, we may post a parked page and/or may revise the Whois registration records to include our information. The domain name also may be listed for auction and promoted as being available for auction. If the name is sold during any such auction, it will be acquired by a third party and will not remain available for re-registration by you after our stated grace period. If you do not re-register the domain name during our stated grace period, the auction sale will be concluded and ownership of the domain will be transferred to a third party.
If you fail to renew your domain name registration during our stated grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy, or the Dispute Policy provided by us, may be considered to be a material breach and that we may provide a written notice, describing the breach, to you. If within fifteen (15) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because you did not receive a written notice from us regarding that breach, or any other breach by you.
6. Domain Transfer
We will accept the transfer of domain names from other Registrars, provided however, that you will be required to pay for an initial year of registration fees upon transfer. Domain names which have been prepaid for a period of more than one year, but with fewer than nine years remaining may also be transferred, subject to the payment of an initial year of registration fees.
If you wish to transfer your domain name registration to another domain name Registrar the fees are based on the type of domain:
General Domain Transfer Fee (.com, .net, .org, .biz, .info, .mobi, .us, .eu, .me)
Special Domain Transfer Fee (.co, .uk, .tv)
It is not possible to transfer a domain to a different Registrar for at least 60 days after purchase.
7. Transfer of Ownership
The person named as Registrant on the Whois directory is the registered name holder. The person named as administrative contact at the time the controlling account identifier and password are secured will be deemed the designate of the Registrant, with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the "Transferee") you must require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by us in our sole discretion) to the terms and conditions of this Agreement, any such transfer will be null and void.
8. Domain Name Disputes
You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor will it at any time whatsoever be used for, any unlawful purpose.
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the dispute policy adopted by the applicable Registry (“Dispute Policy”). You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable policy. If we are notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion, suspend your ability to use your domain name or make modifications to your registration records until:
We are directed to do so by the judicial or administrative body, or
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 or use of your domain name, we may deposit control of your registration record into the Registry of the judicial body by supplying the judicial party with a registrar certificate from us.
9. Domain Name Policy and Disclosure
You agree that your registration of the domain name is subject to suspension, cancellation, or transfer pursuant to us, a Registry, ICANN or government-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a Registry, ICANN or government-adopted policy to correct mistakes by us or a Registry in registering the name, or for the resolution of disputes concerning the domain name.
You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some or all, of the domain name registration information you provide, for purposes of inspection (such as through our Whois service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process or maintain data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized disclosure, alteration or destruction of that information.
10. Modification and Revocation
You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with ICANN, a Registry or any other entity or individual, as well as to adjust to changing circumstances. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with any applicable laws, government rules, or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
11. Limitation of Liability
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. We and our directors, shareholders, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
12. Disclaimer of Warranties
You agree that your use of the Services is solely at your own risk. You agree that such Services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the services will meet your requirements, or that the services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the service or as to the accuracy or reliability of any information obtained through the Service or that defects in the service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk, and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data.
We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the service. No advice or information, whether oral or written, obtained by you from us or through the service will create any warranty not expressly made herein.
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, shareholders, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration or use of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your account. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us. Your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.