Terms and Conditions of Use and Registration Agreement

 Last Updated : May 25, 2018

RegistrarSEC, LLC / RegistrarSafe, LLC

These Terms and Conditions of Use and Registration Agreement (“Terms”) apply to your (“You”, “Registrant”, or “Customer”)  use of the RegistrarSEC LLC and RegistrarSafe LLC (collectively and hereinafter “RegistrarSEC,” “we”, “us” or “our”) website, www.registrarsec.com (the “Site”). By using our Site, you agree to be bound by these Terms, and if you do not agree, do not use our Site.  RegistrarSEC reserves the right to modify these Terms, and the modifications shall be effective when posted upon our Site.  By continuing to use the Site you agree to be bound by these Terms.

1. Registrant Responsibilities 

1.1. As a RegistrarSEC Customer, You agree to be bound by the following: the Registrant’s Benefits and Responsibilities and the ICANN Consensus Policies, including but not limited to the Transfer Dispute Resolution Policy (“TDRP”), the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) and the Uniform Rapid Suspension (“URS”).

1.1.1. The UDRP provides the terms and conditions concerning a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of a domain name registered by Registrant. The Registry Operator is not responsible for ensuring compliance with the UDRP.

1.1.2. The URS is a Rights Protection Mechanism available through the new ICANN gTLD Program. URS is an alternative dispute resolution mechanism potentially offering a lower-cost, faster method for obtaining relief for rights holders experiencing clear-cut cases of infringement. The URS Procedure sets forth the URS claims process, assisting service providers in implementing URS in a consistent manner.

1.1.3. The TDRP provides the terms under which a dispute relating to Inter-Registrar domain name transfers are handled. When registrars are unable to informally resolve a dispute and one or more of the registrars elects to file a dispute, the TDRP procedures apply.  The Registry Operator is not required to ensure that a domain name is being used in compliance with the TDRP processes.

1.2. Pursuant to the ICANN 2013 RAA, the following provisions are hereby incorporated by reference into this Agreement: ICANN Mandated Registration Provisions.

1.3. Registrant agrees to provide the following: (a) accurate and reliable domain name holder contact details and/or for the authorized contact if different from the domain name holder; (b) full name of Administrative, Technical, and Billing Contacts; (c) Organization/Corporation: name of authorized contact person; (d) postal address; (e) e-mail address; (f) voice phone and fax (if available) number/s; and (g) you agree to make the following affirmation: “To the best of my knowledge and belief, neither the registration of the registered name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.”

1.4. You agree that all material changes must be updated via the RegistrarSEC domain registration and management system within seven (7) days. Failure to do so is considered a material breach of this Agreement.

1.5. You agree that intentionally providing inaccurate or unreliable information or intentionally failing to promptly update the information, constitutes a material breach of this Agreement and the registration may be canceled.

1.6. You agree that failure to respond to inquiries by RegistrarSEC concerning accuracy of contact details within 15 days constitutes a material breach of this Agreement and the registration may be canceled.

1.7. You agree that registration may be suspended, canceled, or transferred pursuant to: (1) any ICANN adopted Specification or Policy; (2) any registrar or registry procedure that is inconsistent with an ICANN adopted Specification or Policy; (3) to correct mistakes by Registrar or Registry Operator in registering the name; or (4) for resolution of disputes concerning Registered Name.

2. Privacy Policy/Data

2.1. Our Privacy Policy describes our information practices, including the types of information we receive and collect and how we use and share this information. You agree to the terms of our Privacy Policy and our data practices, including but not limited to the collection, use, processing, sharing and international transfer of your information as described in our Privacy Policy.

2.2. WHOIS Data: RegistrarSEC will take reasonable precautions to protect any contact information or personal data submitted by You from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

2.3. To the extent permitted by ICANN and applicable law, RegistrarSEC may use the publicly available information that You provide to the RegistrarSEC domain registration and management system. RegistrarSEC will retain Your Information as directed by ICANN Data Retention Specification.

2.4. To the extent that You disclose any third party individual’s personal information to RegistrarSEC, You represent to RegistrarSEC that You have provided its privacy policy to that individual and obtained that individual’s consent to disclosing this personal information to RegistrarSEC, all in compliance with the requirements of applicable law and the ICANN Registrar Accreditation Agreement.

2.5. ICANN Required Disclosures:

2.5.1. Domain name registration requires sharing the Registrant Information, in whole or in part, with the applicable Registry Operator and with ICANN. As required by ICANN, this information must also be made publicly available by means of the WHOIS, and that the Registry Operator may also be required to make this information publicly available by WHOIS. Both RegistrarSEC and the Registry Operator may be required to archive this information with a third-party escrow service. You consent to and give permission for all such required disclosures. Further, You represent and warrant that, if You provide information regarding a third party, You have notified the third party of the required disclosures and the purpose for the disclosures and You have obtained the third party’s consent to such disclosure.

2.5.2 ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that RegistrarSEC may or must make available to the public or to private entities, as well as the manner in which such information is made available. ICANN’s current guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/

3. SERVICES

3.1. gTLDs/ccTLDs: You acknowledge and agree to the following terms and conditions for any gTLD and/or ccTLD (“gTLD” generic Top Level Domain — .com, .org, .christmas, .bike, etc. / “ccTLD” country code Top Level Domain — e.g., .fr, .it, .hk, .ar, etc.) registrations: (a) RegistrarSEC is, your sponsor for your gTLD and/or ccTLD registration submissions; (b) registrations or renewals of gTLD and/or ccTLD domain name registrations are not effective until we deliver them to the Registry Operator or registrar for the respective gTLD and/or ccTLD and the Registry Operator or registrar puts it into effect; (c) all terms, rules and regulations of each gTLD and/or ccTLD Registry Operator or registrar utilized, at any time, for any gTLDs and/or ccTLDs available through RegistrarSEC; (d) any dispute resolution policies adopted by or utilized by any such Registry Operator’s or registrar’s; (e) promptly gathering any information required by each gTLD and/or ccTLD Registry Operator and for providing such information to RegistrarSEC in the manner required; (f) providing certain gTLD and/or ccTLD Registry Operator’s or registrar’s with certain items such as letters, corporate Identification numbers, or other documents to be submitted either by RegistrarSEC or submitted directly from Customer; (g) all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy and Rules (the “UDRP”), as currently amended and in effect, are hereby incorporated herein and apply to any submission for registrations; (h) any other policies adopted by or to be adopted by ICANN apply to any submission for registrations and to this Agreement; (i) Customer is responsible for all third party costs, which are not included in the registration or transfer fee and will be quoted separately for each domain name; and (j) all relevant gTLD and/or ccTLD Policies.

3.2. Limitations on Registration and Renewal: Customer acknowledges and agrees to the following: RegistrarSEC (and our independent contractors and service providers, our affiliates, and each of our respective officers, directors, employees and agents) is not liable or responsible in any way for any errors, omissions or any other actions, or the consequences or results of any actions, by any Registry Operator or registrar arising out of or related to Customer’s application for and registration of, renewal of, or failure to register or renew a particular domain name or other registration services.

3.3. Domain Name Registration Services:

3.3.1. Domain Name Registrant: Customer acknowledges and agrees that the entity that controls the domain name will be the entity named as the Registrant for the domain name at the time of initial registration with RegistrarSEC.

3.3.2. Representations: Customer agrees to the following representations and warranties: (i) any statements that Customer makes in connection with such registration, transfer, maintenance, or renewal are true, complete and accurate; (ii) to Customer’s knowledge, the registration of the domain name will not infringe upon or otherwise violate any intellectual property rights of any third party; (iii) Customer is not registering the domain name for any immoral or unlawful purpose; and (iv) Customer will not knowingly use the domain name in violation of any applicable laws, policies or regulations.

3.3.3. Renewals: The Registrant is notified at least thirty (30) days before a domain renewal fee is due. RegistrarSEC will update the system to automatically renew gTLDs and ccTLDs under management on the first day of each month for any domains expiring within that calendar month. RegistrarSEC charges a recovery fee of $150, in addition to any other applicable payment terms, for any domain names recovered after deletion during the ICANN mandated Redemption Grace Period.

3.3.4. Transfers: Transfers are governed by the ICANN Transfer Policy, including the Registrar Transfer Dispute Resolution Policy (TDRP), and the Uniform Domain Name Dispute Resolution Policy (UDRP), and the Uniform Rapid Suspension Procedure & Rules (URS),  which are subject to modification from time to time. Customer agrees to the terms and conditions set forth in the above URLs and acknowledges and agrees that any such terms, modifications or changes are not within RegistrarSEC’s control.

3.3.5. In-System Domain Modifications: Customer may perform all Domain Modifications affecting Automated Domains at no charge. Customer agrees that all domain modifications performed by RegistrarSEC are subject to its standard domain modification fees.

3.3.6. Suspension, Cancellation, Transfer or Modification: RegistrarSEC may suspend, cancel, transfer or modify Customer’s domain name registration if: (1) You materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by RegistrarSEC; (2) 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, or otherwise violate any ICANN policies or procedures; or (3) You use your domain name in connection with unlawful or immoral activity. You further acknowledge and agree that your domain name registration may be subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to: (a) the UDRP; (b) the URS; (c) the TDRP; (d) any ICANN adopted specification or policy; (e) any Registrar (including RegistrarSEC) or Registry Operator procedures; (f) any applicable policy adopted by any Registry Operator or sponsor.

3.3.7. Orders: Customer agrees that any Orders submitted to RegistrarSEC, are subject to all of the terms of this Agreement. Orders for Services may be placed by Primary User or any Sub-User (“Sub-User” as used herein means any person(s) designated within the system by Primary User as having special permissions) by e-mail, or telecopy.

3.3.8. Payment: Customer’s domain name application, renewal application, or registrar transfer request will not be submitted to the applicable Registry Operator unless RegistrarSEC receives actual payment of the registration, renewal, or transfer fee. Customer agrees to pay RegistrarSEC for all fees charged in connection with any accepted Orders hereunder set forth in the RegistrarSEC portal.

3.3.9. Trademark Clearinghouse (TMCH): The Trademark Clearinghouse (TMCH) is the rights protection mechanism built into ICANN’s new gTLD program. As a brand owner, You can submit your trademark data into the TMCH centralized database, both prior to and during the launch of new gTLDs. Please review the following:

TMCH General FAQs: Search the Frequently Asked Questions for common TMCH issues and solutions. http://www.trademark-clearinghouse.com/help/faq.

TMCH Support: This page lists the different resources available to resolve any issues You might encounter: http://www.trademark-clearinghouse.com/content/support.

TMCH How To Manuals: The How To manuals walk You through the TMCH processes. These dedicated videos highlight important steps to follow: http://www.trademark-clearinghouse.com/content/quick-reference.

3.3.10. Changes to Service:

3.3.10.1. RegistrarSEC may change these terms and conditions either through amendments by RegistrarSEC, changes in ICANN’s policies and procedures, changes to applicable laws, or the additional terms imposed by registry operators with whom your domain names may be registered.

3.3.10.2. Changes made by ICANN as a result of a consensus Agreement or policy change shall become effective and binding immediately.

4. Acceptable use

You must use our Site in accordance with our Terms and Conditions of Use and Registration Agreement, our Privacy Policy and any other posted policies or terms. RegistrarSEC reserves the right to modify, suspend or discontinue all or a part of the Site at our discretion.  Information provided through our Site is not intended to and does not constitute legal advice, and the accuracy, completeness, or adequacy of the content is not warranted or guaranteed.

5. Legal and Acceptable Use.

You must access and use our Site only for legal, authorized, and acceptable purposes. You will not access or use (or assist others to access or use) the Site in ways that: (a) violate, misappropriate, or infringe the rights of RegistrarSEC, our users, or others, including privacy, publicity, intellectual property, or other proprietary rights; (b) are illegal, obscene, defamatory, threatening, intimidating, harassing, hateful, racially or ethnically offensive, or instigate or encourage conduct that would be illegal, or otherwise inappropriate, including promoting violent crimes; (c) involve publishing falsehoods, misrepresentations, or misleading statements; (d) impersonate someone; (e) involve sending illegal or impermissible communications such as spam, bulk messaging, auto-messaging, auto-dialing, other unsolicited advertising or messages, and the like; or (f) involve any non-personal use of our Site not otherwise authorized by us.

You may provide links to our Website, provided that (i) you do not remove or obscure, by framing or otherwise, any portion of this website, including any advertisements, terms of use, copyright notice, and other notices on this website; (ii) you immediately deactivate and discontinue providing links to this website if requested by RegistrarSEC; and (iii) you understand that RegistrarSEC may deactivate any link(s) at its discretion.

6. Harm to RegistrarSEC or Others.

You must not (or assist others to) access, use, copy, adapt, modify, prepare derivative works based upon, distribute, license, sublicense, transfer, display, perform, or otherwise exploit our Site in impermissible or unauthorized manners, or in ways that burden, impair, or harm us, our Site, systems, our users, or others, including that you must not directly or through automated means: (a) reverse engineer, alter, modify, create derivative works from, decompile, or extract code from our Site; (b) send, store, or transmit viruses or other harmful computer code through or onto our Site; (c) gain or attempt to gain unauthorized access to our Site or systems; (d) interfere with or disrupt the integrity or performance of our Site; (e) create accounts for our Site through unauthorized or automated means; (f) collect the information of or about our users in any impermissible or unauthorized manner; or (g) intimidate, harass, interfere with, negatively affect or inhibit another user’s use and enjoyment of the Site.

7. Third-party services

Our Site may provide links to third party applications, products, or services. Please note that when you access third-party services through our Site, we are not responsible for those services, and the third-party’s terms and privacy policies will apply.

8. Licenses

RegistrarSEC’s Rights. We own all copyrights, trademarks, domains, logos, trade dress, trade secrets, patents, and other intellectual property rights associated with our Site, including but not limited to the content, design, structure, selection, coordination, expression, “look and feel” and arrangement of our Site.

9. RegistrarSEC’s License to You

We grant you a personal, limited, revocable, non-exclusive, non-sub licensable, and non-transferable license to use our Site, subject to and in accordance with our Terms. Except as expressly set forth above, no licenses or rights are granted to you by implication or otherwise, and RegistrarSEC may terminate this license at its discretion.

10. DISCLAIMERS

YOUR USE OF THE SITE IS AT YOUR OWN RISK. REGISTRARSEC DOES NOT PROMISE THAT THE SITE, OR ANY CONTENT OR FEATURE OF THE SITE WILL BE ERROR-FREE OR UNINTERRUPTED, OR THAT ANY DEFECTS WILL BE CORRECTED, OR THAT YOUR USE OF THE SITE WILL PROVIDE SPECIFIC RESULTS. THE SITE IS PROVIDED ON AN “AS IS, AS AVAILABLE” BASIS, WITHOUT ANY EXPRESS OR IMPLIED WARRANTIES, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE, NON-INFRINGEMENT, AND FREEDOM FROM COMPUTER VIRUS OR OTHER HARMFUL CODE. WE DO NOT WARRANT THAT ANY INFORMATION PROVIDED BY US IS ACCURATE, COMPLETE, OR USEFUL, THAT OUR SERVICES WILL BE OPERATIONAL, ERROR-FREE, SECURE, OR SAFE, OR THAT OUR SERVICES WILL FUNCTION WITHOUT DISRUPTIONS, DELAYS, OR IMPERFECTIONS. WE DO NOT CONTROL, AND ARE NOT RESPONSIBLE FOR CONTROLLING, HOW OR WHEN OUR USERS USE OUR SITE. WE ARE NOT RESPONSIBLE FOR AND ARE NOT OBLIGATED TO CONTROL THE ACTIONS OR INFORMATION (INCLUDING CONTENT) OF OUR USERS OR ANY OTHER THIRD PARTIES.

IF YOU PROVIDE ANY INFORMATION TO REGISTRARSEC THROUGH THE WEBSITE, OR OTHERWISE, YOU REPRESENT AND AFFIRM THAT YOU HAVE THE RIGHT AND AUTHORITY TO DO SO AND THAT YOU HAVE OBTAINED ANY NECESSARY CONSENTS OR AUTHORIZATIONS TO PROVIDE ANY SUCH INFORMATION, INCLUDING BUT NOT LIMITED TO ANY INFORMATION COVERED BY ANY DATA PROTECTION LEGISLATION OR REGULATION, INCLUDING BUT NOT LIMITED TO THE EUROPEAN UNION GENERAL DATA PROTECTION REGULATION, AND RELATED DATA PROTECTION LAWS.

REGISTRARSEC MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE CUSTOMER EITHER FROM CHALLENGES TO ITS DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER. YOU AGREE THAT REGISTERSEC, ICANN AND/OR ANY REGISTRY OPERATOR OR REGISTRAR SHALL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY OF THE FOLLOWING: (1) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION; (2) USE OF OR INABILITY TO USE YOUR DOMAIN NAME REGISTRATION; (3) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF OR ANY INTERRUPTION OF BUSINESS; (4) INABILITY TO ACCESS, ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND REGISTERSECS OR ANY REGISTRY OPERATORS OR REGISTRARS REASONABLE CONTROL; (7) THE PROCESSING OF OR THE INABILITY TO PROCESS YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION; (8) APPLICATION OF ANY RELEVANT DISPUTE POLICY, ADMINISTRATIVE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR ORGANIZATION) ADOPTED POLICIES; (9) ANY MISUSE OF YOUR USERNAME AND/OR PASSWORD; OR (10) LOSSES RESULTING FROM ANY ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT.

REGISTRARSEC DISCLAIMS ALL RESPONSIBILITY FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND RESULTING FROM, ARISING OUT OF OR ANY WAY RELATED TO: (A) ANY ERRORS IN OR OMISSIONS FROM THIS SITE INCLUDING, BUT NOT LIMITED TO, DATA AND TECHNICAL INACCURACIES AND TYPOGRAPHICAL ERRORS; (B) THIRD PARTY COMMUNICATIONS, (C) ANY THIRD PARTY WEBSITES OR CONTENT THEREIN DIRECTLY OR INDIRECTLY ACCESSED THROUGH LINKS IN THIS SITE, INCLUDING BUT NOT LIMITED, TO ANY ERRORS IN OR OMISSIONS THEREFROM; (D) THE UNAVAILABILITY OF THE SITE, (E) YOUR USE OF THE SITE; (F) YOUR USE OF ANY EQUIPMENT OR SOFTWARE IN CONNECTION WITH THE SITE; OR (G) ANY SEARCH RESULTS, OR SEARCH FUNCTIONS, WHETHER RESULTING FROM SEARCHES OF THIRD-PARTY DATABASES, WEBSITES OR OTHERWISE, AND THE CONTENT THEREIN OR DERIVED THEREFROM.

11. LIMITATION OF LIABILITY

REGISTRARSEC AND OUR INDEPENDENT CONTRACTORS AND SERVICE PROVIDERS, OUR AFFILIATES, AND EACH OF OUR RESPECTIVE OFFICERS, DIRECTORS, EMPLOYEES AND AGENTS (THE “REGISTRARSEC PARTIES”) SHALL NOT BE LIABLE FOR ANY LOSS, INJURY, CLAIM, LIABILITY, OR DAMAGE OF ANY KIND (INCLUDING FROM OUR OWN NEGLIGENCE) RESULTING FROM YOUR USE OF THE SITE OR THE SEARCH RESULTS OR SEARCH FUNCTIONS PROVIDED THEREIN OR RESULTING THEREFROM. REGISTRARSEC EXCLUDES ALL LIABILITY, INCLUDING BUT NOT LIMITED TO ANY CLAIM FOR BREACH OF CONTRACT, TORT, NEGLIGENCE, MISREPRESENTATION, BREACH OF DUTY INCLUDING STATUTORY DUTY OR ANY OTHER CLAIM OR CAUSE OF ACTION WITH RESPECT TO THE SITE OR ANY WEBSITES WHICH LINK TO OUR SITE OR ANY PRODUCTS OR SERVICES AVAILABLE ON SUCH LINKED WEBSITES. THE REGISTRARSEC PARTIES SHALL NOT BE LIABLE FOR ANY SPECIAL, DIRECT, INDIRECT, INCIDENTAL, PUNITIVE OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER (INCLUDING, WITHOUT LIMITATION, ATTORNEYS’ FEES AND COSTS) IN ANY WAY DUE TO, RESULTING FROM, OR ARISING IN CONNECTION WITH THE USE OF, OR INABILITY TO USE, THE SITE INCLUDING ANY INFORMATION PROVIDED ON THE SITE, ANY RESULTING USE OF SUCH INFORMATION, OR ANY ACTIONS, OR INACTIONS, TAKEN BY ANY USERS OR CUSTOMERS OF THIS SITE OR CLIENTS OF REGISTRARSEC. IN NO EVENT SHALL OUR AGGREGATE LIABILITY RELATING TO, ARISING OUT OF, OR IN ANY WAY IN CONNECTION WITH OUR SITE WILL NOT EXCEED THE GREATER OF ONE HUNDRED DOLLARS ($100) OR THE AMOUNT YOU HAVE PAID US IN THE PAST TWELVE MONTHS. THE FOREGOING DISCLAIMER OF CERTAIN DAMAGES AND LIMITATION OF LIABILITY WILL APPLY TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW. THE LAWS OF SOME STATES OR JURISDICTIONS MAY NOT ALLOW THE EXCLUSION OR LIMITATION OF CERTAIN DAMAGES, SO SOME OR ALL OF THE EXCLUSIONS AND LIMITATIONS SET FORTH ABOVE MAY NOT APPLY TO YOU. NOTWITHSTANDING ANYTHING TO THE CONTRARY IN OUR TERMS, IN SUCH CASES, THE LIABILITY OF THE REGISTRARSEC PARTIES WILL BE LIMITED TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW.

12. Indemnification

You agree to indemnify, defend and hold harmless the RegistrarSEC Parties, ICANN and/or any Registry Operator or registrar, including any of the foregoing entities’ parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents or subcontractors, from and against all claims, losses, expenses, damages and costs, including reasonable attorneys’ fees and costs, that are caused by, arising out of or related to: (i) Your use or inability to use the Site; (ii) Your violation of these Terms or other applicable policies regarding the Site or this Agreement; (iii) Your use of the Services; (iv) Your application for or registration of, or failure to register or renew, a particular domain name; (v) Your use of any domain name registered in your name; (vi) any disputes involving the intellectual property rights of others; (vii) processing any registrant transfers; (vii) Your use of any domain name affected by any transfer or transfer request; and (viii) Your violation of any applicable law or any rights of any third party. This indemnification is in addition to and cumulative of any indemnification required under the UDRP or any similar rule, policy or procedure established by ICANN, any Registry Operator or registrar or other applicable party.

13. Termination and Survival

We may suspend, or terminate Your access to or use of our Site at any time and for any reason, such as if you violate the letter or spirit of our Terms or other policies, or create harm, risk, or possible legal exposure for us, our users, or others. The following provisions will survive any termination of Your relationship with RegistrarSEC: “Licenses,” “Disclaimers,” “Limitation of Liability,” “Indemnification,” “Dispute Resolution,” “Termination and Survival,” and “Other Terms.”

14. Assignability

You will not transfer any of Your rights or obligations under our Terms to anyone else without our prior written consent. All of our rights and obligations under our Terms are freely assignable by us to any of our affiliates or in connection with a merger, acquisition, restructuring, or sale of assets, or by operation of law or otherwise, and we may transfer your information to any of our affiliates, successor entities, or new owner.

15. Dispute resolution

15.1. Forum and Venue.  You agree that You will resolve any Claim You have with us relating to, arising out of, or in any way in connection with our Terms, us, or our Services (each, a “Dispute” and together, “Disputes”) exclusively in the United States District Court for the Northern District of California or a state court located in Santa Clara County in California, and you agree to submit to the personal jurisdiction of such courts for the purpose of litigating all such Disputes.

15.2. Governing Law.  The laws of the State of California govern our Terms, as well as any Disputes, whether in court or arbitration, which might arise between RegistrarSEC and you, without regard to conflict of law provisions.

15.3. Remedies for Violations. RegistrarSEC reserves the right to seek any and all remedies available at law and in equity for violations of these Terms, including but not limited to the right to block access from a particular internet address to this Web Site and any other Provider websites and their features.

16. Additional terms

16.1. Our Services are not intended for distribution to or use in any country where such distribution or use would violate local law or would subject us to any regulations in another country. We reserve the right to limit our Services in any country.

16.2. You will comply with all applicable U.S. and non-U.S. export control and trade sanctions laws (“Export Laws”). You will not, directly or indirectly, export, re-export, provide, or otherwise transfer our Services: (a) to any individual, entity, or country prohibited by Export Laws; (b) to anyone on U.S. or non-U.S. government restricted parties lists; or (c) for any purpose prohibited by Export Laws, including nuclear, chemical, or biological weapons, or missile technology applications without the required government authorizations. You will not use or download our Services if you are located in a restricted country, if you are currently listed on any U.S. or non-U.S. restricted parties list, or for any purpose prohibited by Export Laws, and you will not disguise your location through IP proxying or other methods.

16.3. Our Terms are written in English (U.S.). Any translated version is provided solely for your convenience. To the extent any translated version of our Terms conflicts with the English version, the English version controls.

16.4. Any amendment to or waiver of our Terms requires our express consent. If we fail to enforce any of our Terms, it will not be considered a waiver.

16.5. Nothing in our Terms will prevent us from complying with any applicable law, regulation or policy.

16.6. Except as contemplated herein, our Terms do not give any third-party beneficiary rights.

16.7. If any provision of these Terms is deemed invalid, unlawful, void, or for any reason unenforceable, then that provision shall be deemed severable from our Terms and shall not affect the validity and enforceability of the remaining provisions.

16.8. We specifically reserve all rights not expressly granted by us to You as set forth herein.

17. INCORPORATED ICANN POLICIES

ICANN Mandated Registration Provisions
ccTLD Policies
Registrant Educational Information
ICANN Registrant Rights
Restored Name Accuracy Policy
Domain Name Dispute Resolution Policies
     – UDRP Approved Providers
     – UDRP Administrative Proceedings Rules
ICANN Transfer Policy
ICANN Registrar Transfer Dispute Resolution Policy
gTLD Domain Name Life Cycle

Terms and Conditions Privacy Policy WHOIS Search

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