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This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of Cheap Domain Name
Registrar's ("cheap-domain-name-registrar.com") domain name registration services to
register an Internet domain name, your registration of that domain name, as well as
other Cheap Domain Name Registrar's domain name related services. In this Agreement
"you" and "your" refer to each customer and "we", "us" and "our" refer to Cheap Domain
Name Registrar. This Agreement explains our obligations to you, and explains your
obligations to us for various Cheap Domain Name Registrar services. By selecting our
service(s) you have agreed to establish an account with us for such services. When you
use your account or permit someone else to use it to purchase or otherwise acquire
access to additional Cheap Domain Name Registrar service(s) or to cancel your Cheap
Domain Name Registrar service(s) (even if we were not notified of such authorization),
this Agreement covers such service or actions. By using the service(s) provided by us
under this Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement, the Dispute Policy
and any pertinent rules or policies that are or may be published by us.
This Agreement will become
effective when accepted by Cheap Domain Name Registrar. We may elect to accept or reject
your domain name registration application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a request for registration of
a prohibited domain name.
1. Our Services
Cheap Domain Name Registrar is a
business partner of Active Domain Co., of which Active Domain is an authorized domain
reseller of an accredited registrar with the Internet Corporation for Assigned Names and
Numbers ("ICANN") for Top Level Domain Names (TLDs). ICANN oversees registrations and
other aspects of the TLDs. As an authorized domain name reseller, Active Domain is, upon
accepting your domain name registration application, your billing sponsor for that
application. All domain name registrations we register for TLDs are not effective until
we have delivered the domain name registration information you provide us to the
registry administrator for the TLDs, as applicable, and the registry administrator puts
into effect your domain name registration. Currently, the registry administrator for the
.com, .net and .org TLDs is Verisign, Inc.
You agree and acknowledge that
Cheap Domain Name Registrar is not liable or responsible in any way for any errors,
omissions or any other actions by the registry administrator arising out of or related
to your application and receipt of, or failure to receive, a domain name registration.
You further agree to indemnify,
defend and hold harmless the registry administrator and its directors, officers,
employees, and agents from and against any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related to, your
domain name registration.
2. What We Do
Not Do
We cannot and do not check to see
whether the domain name you select, or the use you make of the domain name, infringes
legal rights of others. We urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware that there is the
possibility we might be ordered by a court to cancel, modify, or transfer your domain
name. You should also be aware that if we are sued or threatened with lawsuit in
connection with your domain name, we may turn to you to hold us harmless and to
indemnify us.
3. Fees
As consideration for the domain name registration services and/or
other services provided by Active-Domain to you, you agree to pay
us, prior to the effectiveness of the desired domain name
registration, the applicable service(s) fees for the initial
registration of the domain name and, should you choose to renew the
registration, subsequent renewals of the registration. All fees are
non-refundable, for any reason after your domain name is registered
with Internic's central registry, even if you are forced to
relinquish the domain name as a result of copyright or trademark
violation. However, we will refund the registration fees to you, in
the event that your registration is unsuccessful for any reason. As
long as the domain name is not registered, you will get your money
back.
The domain registration fees is
only applied for the registration, transfer, or renewal of your domain name. All the
current domain services are provided as complimentary services except when explicit
charges are stated. We reserve the rights to cancel, withdraw and/or amend these
services at any time.
Your requested domain name will
not be registered unless we receive actual payment of the registration fee. As further
consideration for our service(s), you agree to: (1) provide certain current, complete
and accurate information about you as required by the registration process and (2)
maintain and update this information as needed to keep it current, complete and
accurate. All such information shall be referred to as account information ("Account
Information").
In the event of a charge back by a
credit card company (or similar action by another payment provider allowed by us) in
connection with the payments of the registration fee for your domain name registration,
you agree and acknowledge that the domain name registration shall be transferred to our
parent company (Active Domain Co.) as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at our discretion, and
subject to our receipt of the initial registration or renewal fee and our reinstatement
fee, currently set at US$50.
We will attempt to notify you via
an email message or via your account information when renewal fees are due. Should these
fees go unpaid after the expiration date of your domain name, your registration will be
cancelled. It is your responsibility as the domain owner to ensure that your domain name
is renewed promptly. Subsequent request to reactivate your domain name will be charged
at US$5 for each domain to be reactivated, on top of the applicable renewal fees.
Payment must be made by credit card or such other method as we may indicate in the
registration application or renewal form. We will renew your name for you provided your
credit card or other billing information is available and up to date, unless you
instruct us otherwise within the time specified. If your billing information is not
accurate and you wish to renew your domain name registration, we will contact you to
update this information and charge you accordingly.
4. Disclaimer
and Domain Name Dispute Policy
If you request, reserved or
registered a domain name through us, or transferred a domain name to us from another
registrar, you agree to be bound by Cheap Domain Name Registrar's current Disclaimer
published on our site ("Disclaimer") and our current
Domain Name Dispute Policy ("Dispute Policy"). The
Disclaimer can be found at
http://cheap-domain-name-registrar.com/disclaimer.htm
and the Dispute Policy can be found at
http://cheap-domain-name-registrar.com/dispute.htm. Certain disputes, as
specified in the Dispute Policy, are subject to that Policy. You agree that, if the
registration or reservation of your domain name is challenged by a third party, you will
be subject to the provisions specified in the Dispute Policy in effect at the time your
domain name registration is disputed by the third party. You also agree that, in the
event a domain name dispute arises with any third party, you will indemnify and hold
Cheap Domain Name Registrar harmless pursuant to the terms and conditions contained in
the Dispute Policy.
5.
Modifications to Cheap Domain Name Registrar's Registration Agreement and Dispute Policy
You agree, during the period of
this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement. Any such revision or change will
be binding and effective immediately on posting of the revised Agreement or change to
the service(s) on Cheap Domain Name Registrar's web site, or on notification to you by
email. You agree to review our web site, including the Agreement, periodically to be
aware of any such revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice by email at
admin@cheap-domain-name-registrar.com. Notice of your termination will be
effective on receipt and processing by us. You agree that, by continuing to use our
services following notice of any revision to this Agreement or change in service(s), you
abide by any such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your continued use of the domain
name registered to you shall constitute your acceptance of this Agreement and the
Dispute Policy with the new modifications. You acknowledge that if you do not agree to
any of such changes, you may request that your domain name registration be cancelled or
transferred to a different domain name registrar. You agree that such cancellation or
request for transfer will be your exclusive remedy if you do not wish to abide by any
changes to this Agreement or the Dispute Policy.
6.
Account Information and Its Use
a. Information You Are Required
to Submit. As part of the registration process, you are required to provide certain
information and to update this information promptly as needed to keep it current,
complete and accurate. The information you are obligated to provide in connection with
the domain name you are registering is the following:
- i. The domain name being
registered;
- ii. Your (or The domain name
holder's) name, postal address, email address, voice telephone number, and where
available, fax number; and
- iii. The name, postal address,
email address, voice telephone number, and where available, fax number of the
billing contact for the domain name; and
- iv. Valid payment information
You agree and acknowledge that
when you renew your domain name registration, the type of information you are required
to provide may have changed. If you do not wish to provide the new required information,
your registration may not be renewed.
All other information which we may
request from you at registration is voluntary. However, not providing the requested
information may prevent you from obtaining all products and services made available to
domain name registrants by us, other than registration of the domain name.
b. Additional Information
Maintained About Your Registration. In addition to the information you provide, we
maintain records relating to your domain name registration. These records may include:
- i. The original creation date
of the registration;
- ii. The submission date and
time of the registration application to us and by us to the proper registry;
- iii. Communications (electronic
or paper form) constituting registration orders, modifications, or terminations and
related correspondence between you and us;
- iv. Records of account for your
domain name registration, including dates and amounts of all payments and refunds;
- v. The IP addresses of the
primary nameserver and any secondary nameservers for the domain name;
- vi. The corresponding names of
those nameservers;
- vii. The name, postal address,
email address, voice telephone number, and where available, fax number of the
technical contact for the domain name;
- viii. The name, postal address,
email address, voice telephone number, and where available, fax number of the zone
contact for the domain name;
- ix. The expiration and renewal
date of the registration;
- x. Information and copies in
electronic or paper form regarding all other activity between you and us and third
parties relating to your domain name registration and related services.
c. Your Obligations Relating to
the Account Information. In the event that, in registering the domain name, you are
providing information about or on behalf of a third party, you hereby represent that you
have (a) provided notice to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that you have obtained that third
party's express consent to the disclosure and use of that party's information as set
forth in this Agreement. By registering a name or applying for services you also
represent that the statements in its application are true and you also represent that
the Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully
providing inaccurate information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further agree that your failure to
respond for over ten (10) calendar days to inquiries by Cheap Domain Name Registrar
concerning the accuracy of contact details associated with your registration shall
constitute a material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration.
d. Privacy Policy: Disclosure
and Use of Registration Information. You agree and acknowledge that Cheap Domain
Name Registrar will make available domain name registration information you provide or
that we otherwise maintain to ICANN, to the registry administrator(s), and to other
third parties as ICANN and applicable laws may require or permit. You further agree and
acknowledge that 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 for targeted marketing
and other purposes as required or permitted by ICANN and applicable laws.
Additionally, you acknowledge that
ICANN may establish guidelines, limits and/or requirements that relate to the amount and
type of information that we may or must make available to the public or to private
entities, and the manner in which such information is made available.
You hereby consent to any and all
such disclosures and use of, and guidelines, limits and restrictions on disclosure or
use of, information provided by you in connection with the registration of a domain name
(including any updates to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all claims and
causes of action you may have arising from such disclosure or use of your domain name
registration and other information by us.
You may access your domain name
registration information in our possession to review, modify or update such information,
by accessing your account at our web site (https://domainpanel.com),
or via a similar service. In order to change any of your account information with us,
you must use your Account Identifier and Password that were sent to you when you
establish your account with us. Please safeguard your Account Identifier and Password
from any unauthorized use. You agree that any person in possession of you Account
Identifier and Password will have the ability and your authorization to modify your
account information. In no event will we be liable for the unauthorized use or misuse of
your Account Identifier or Password. We will take reasonable precautions to protect the
information it obtains from you from our loss, misuse, unauthorized access or
disclosure, alteration or destruction of that information.
7.
Ownership of Information and Data
You agree and acknowledge that
Cheap Domain Name Registrar owns the following information for those registrations for
which we have accepted: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, email address, voice
telephone number, and where available fax number of all contacts for the domain name
registration, (d) any remarks concerning the registered domain name that appear or
should appear in the Whois or similar database, and (e) any other information we
generate or obtain in connection with the provision of domain name registration
services, other than the domain name being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the domain name, and the corresponding
names of those nameservers. We do not have any ownership interest in your specific
personal registration information outside of its rights in our domain name database.
8. Agents and
Licenses
You agree that, if you are
registering a domain name for or on behalf of someone else, you represent that you have
the authority to nonetheless bind that person as a principal to all terms and conditions
provided herein, including the Dispute Policy.
You agree that if you license the
use of the domain name registered to you to a third party, you nonetheless remain the
domain name holder of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name and domain name
registration.
9.
Announcements
We reserve the right to distribute
information to you that is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or other
information to add security or to enhance your identity on the Internet
10.
Limitation of Liability
YOU AGREE THAT CHEAP DOMAIN NAME
REGISTRAR WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE DOMAIN NAME
REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF
BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR
SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING OF THIS
APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. CHEAP DOMAIN
NAME REGISTRAR ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE
BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
11. Indemnity
You agree to release, indemnify,
and hold Cheap Domain Name Registrar, its contractors, agents, employees, and affiliates
harmless from all liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, our services provided hereunder or
your use of our services, including without limitation infringement by you, or someone
else using any of our service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any Cheap Domain
Name Registrar operating rule or policy relating to the service(s) provided. 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 deactivation of your
domain name. This indemnification is in addition to any indemnification required under
the Dispute Policy.
12.
Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF
YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN
WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU
FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH
YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES ARE
PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL
FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. CHEAP DOMAIN NAME REGISTRAR
MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
EMAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE EMAIL SERVICE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE E-MAIL
SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN.
13. Breach and
Revocation
Cheap Domain Name Registrar
reserves the right to suspend, cancel, transfer or modify your domain name registration
or suspend, cancel or modify other services we provide in the event (a) you materially
breach this Agreement (including the Dispute Policy) and do not cure such breach within
thirty (30) days of notice by us, (b) you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either applicable laws or
customary acceptable usage policies of the Internet, (c) you use your domain name in
connection with unlawful activity, or (d) grounds arise for such suspension,
cancellation, transfer or other modification as provided for in this Agreement. You
further acknowledge and agree that your registration of a domain name is subject to
suspension, cancellation or transfer by any ICANN procedure, by any registrar or
registry administrator procedures approved by an ICANN-adopted policy, (1) to correct
mistakes by us, another registrar or the registry administrator in administering the
name or (2) for the resolution of disputes concerning the domain name.
You also agree that we shall have
the right in its sole discretion to suspend, cancel, transfer or otherwise modify a
domain name registration upon seven (7) calendar days prior written notice, or at such
time as we receive a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or
modification of the domain name registration.
14. Right
Of Refusal
We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain name or register
you for other service(s), or to delete your domain name within five (5) calendar days
from receipt of your payment for such services. In the event we do not register or
reserve your domain name, or we delete your domain name within such five (5) calendar
day period, we agree to refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our refusal to register or
reserve, or delete your domain name or register you for other Cheap Domain Name
Registrar service(s)
15. Notices
You agree that any notices
required to be given under this Agreement by Cheap Domain Name Registrar to you will be
deemed to have been given if delivered in accordance with the contact information you
have provided.
16.
Infancy
You attest that you are of legal
age to enter into this Agreement.
17. General
This Agreement, our Disclaimer and
the Dispute Policy, together with all modifications, constitute the complete and
exclusive agreement between you and Cheap Domain Name Registrar, and supersede and
govern all prior proposals, agreements, or other communications. Nothing contained in
this Policy shall be construed as creating any agency, partnership, or other form of
joint enterprise between the parties. The failure of Cheap Domain Name Registrar to
require your performance of any provision hereof shall not affect the full right to
require such performance at any time thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a waiver of the provision itself. In the
event that any provision of this Policy shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such unenforceability or
invalidity shall not render this Policy unenforceable or invalid as a whole. We will
amend or replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and our intent as reflected in
the original provision. This Agreement, our Disclaimer and the Dispute Policy may not be
amended or modified by you except by means of a written document signed by both you and
an authorized representative of Cheap Domain Name Registrar.
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