Domain Name Registration Service Agreement

 

Last Modified: May 17, 2016

REGISTRARSEC, LLC

 

This Domain Name Registration Agreement (“Agreement”) is between RegistrarSEC LLC (“RegistrarSEC,” “us” or “our”) and you (“You,” “Your,” “Customer,” “Registrant,” or “Registered Name Holder”). This Agreement applies to the provision of domain name registration services, including but not limited to registering a domain name through RegistrarSEC (a “Registered Name”) and any related technical and administrative services, including those provided through our website (“www.registrarsec.com” and the “Site”).

You agree to be bound by this Agreement and all exhibits, documents and policies either attached to, or incorporated into, this Agreement by reference. This includes certain Consensus Policies, Policy Specifications and rules from the Internet Corporation for Assigned Names and Numbers (“ICANN”) and ICANN’s Registrar Accreditation Agreement (“RAA”). You also, by entering into this Agreement, agree to additional terms specified in contracts with applicable Registry Operators.

This Agreement is subject to change, either by RegistrarSEC or ICANN. These changes will be effective upon their release. It is your responsibility to periodically review this Agreement and all Policies and other agreements or terms incorporated by reference.

  1. DEFINITIONS.

For purposes of this Agreement, the following definitions shall apply:

1.1 “Account Holder” means the person or entity that is paying for the Registered Name or otherwise controls the management of the registered name, when that person or entity is not the Registered Name Holder but is the person designated within the RegistrarSEC system as having control over the username/ID and password for Customer.

1.2 “Consensus Policy” has the meaning set forth in the Consensus Policies and Temporary Policies Specification incorporated by reference.

1.3 “DNS” refers to the Internet domain-name system.

1.4 The “Effective Date” is ________________.

1.6 “gTLD” or “gTLDs” refers to the top-level domain(s) of the DNS delegated by ICANN pursuant to a registry agreement that is in full force and effect, other than any country code TLD (ccTLD) or internationalized domain name (IDN) country code TLD.

1.7 “ccTLD” or “ccTLDs” refers to country-code top-level domain(s) of the DNS.

1.8 “gTLD Zone-File Data” means all data contained in a DNS zone file for the registry, or for any subdomain for which Registry Services are provided and that contains Registered Names, as provided to nameservers on the Internet.

1.9 “Illegal Activity” means conduct involving use of a Registered Name sponsored by Registrar that is prohibited by applicable law and/or exploitation of Registrar’s domain name resolution or registration services in furtherance of conduct involving the use of a Registered Name sponsored by Registrar that is prohibited by applicable law.

1.10 “Registered Name Holder refers to personally identifying information submitted by and regarding the Registered Name Holder, such as information required pursuant to Section 3.3.1.

1.11 “Registered Name” refers to a domain name within the domain of a gTLD, whether consisting of two (2) or more (e.g., john.smith.name) levels, about which a gTLD Registry Operator (or an Affiliate or subcontractor thereof engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).

1.12 “Registered Name Holder” means the holder of a Registered Name.

1.13 The word “registrar,” when appearing without an initial capital letter, refers to a person or entity that contracts with Registered Name Holders and with a Registry Operator and collects registration data about the Registered Name Holders and submits registration information for entry in the Registry Database.

1.14 “Registrar Services” means the services subject to this Agreement provided by a registrar in connection with a gTLD, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database.

1.15 “Registry Data” means all Registry Database data maintained in electronic form, and shall include gTLD Zone-File Data, all data used to provide Registry Services and submitted by registrars in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.

1.16 “Registry Database” means a database comprised of data about one or more DNS domain names within the domain of a registry that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.

1.17 A “Registry Operator” is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific gTLD.

1.18 “Registry Services,” with respect to a particular gTLD, shall have the meaning defined in the agreement between ICANN and the Registry Operator for that gTLD.

1.19 A Registered Name is “sponsored” by the registrar that placed the record associated with that registration into the registry. Sponsorship of a registration may be changed at the express direction of the Registered Name Holder or, in the event a registrar loses Accreditation, in accordance with then-current ICANN Specifications and Policies.

1.20 “Specifications and/or Policies” include Consensus Policies, Specifications (such as the Whois Accuracy Program Specification) referenced in this Agreement, and any amendments, policies, procedures, or programs specifically referenced in this Agreement or authorized by ICANN’s Bylaws.

1.21 “Term of this Agreement” begins on the Effective Date and continues to the Expiration Date of this Agreement.

1.22 “Whois Accuracy Program Specification” means the Whois Accuracy Program Specification incorporated herein, as updated from time to time in accordance with ICANN Specifications and Policies.

1.23 “Whois Specification” means the Registration Data Directory Service (Whois) Specification incorporated herein, as updated from time to time in accordance with ICANN Specifications and Policies.

  1. REGISTRAR SERVICES

 

2.1. gTLDs: Customer acknowledges and agrees to the following terms and conditions for any gTLD registrations: (1) RegistrarSEC is your sponsoring Registrar for your gTLD registration submissions; (2) registrations or renewals of gTLD domain name registrations are not effective until RegistrarSEC delivers them to the Registry Operator for the respective gTLD and the Registry Operator puts it into effect; (3) all rules and regulations of any applicable Registry Operator for any gTLDs available through RegistrarSEC apply to any submission for registrations;(4) all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy and Rules (the “UDRP”) or, as applicable, the Uniform Rapid Suspension System (URS), as currently amended and in effect, are hereby incorporated herein and apply to any submission for registrations; (5) any other policies adopted by ICANN apply to any submission for registrations and to this Agreement; and (6) all relevant gTLD Policies.

 

2.2. ccTLDs: Any Services requested by You related to any ccTLDs (e.g., .uk, .de, .au, .ar, etc.) are subject to the following terms and conditions: (1) all  terms, rules and regulations of each ccTLD Registry Operator or registrar utilized, at any time; (2) any dispute resolution policies adopted by utilized Registry Operators; (3) Customer is responsible for promptly gathering any information required by each ccTLD Registry Operator and for providing such information to RegistrarSEC in the manner required; (4) providing certain ccTLD Registry Operators with certain items such as letters, corporate Identification numbers, or other documents to be submitted either by RegistrarSEC or submitted directly from Customer; (5) Customer may request administrative and technical contacts including name servers to be changed at time of initial transfer for no additional fee; (6) 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,(7) all relevant ccTLD Policies.

2.3. Limitations on Registration and Renewal: Customer acknowledges and agrees to the following: (1) RegistrarSEC cannot guarantee that Customer will be able to register, transfer or renew a desired domain name, even if a query indicates that domain name is available (given that the requested domain name may simultaneously be sought by a third party) or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases; (2) RegistrarSEC is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator or registrar arising out of or related to Customer’s application for and registration of, renewal of, transfer of or failure to register, transfer or renew a particular domain name; (3) RegistrarSEC may elect to accept or reject any of Customer’s submissions for registration or renewal for any reason in its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name or rejection due to a potential infringement of someone else’s rights or otherwise; and, (4) RegistrarSEC 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.

 

2.4. Domain Name Registration Services:

 

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

 

2.4.2. Representations: Upon a request for RegistrarSEC to register a domain name or maintain, transfer or renew a domain name registration, Customer agrees to the following representations and warranties: (1) any statements that Customer makes in connection with such registration, transfer, maintenance, or renewal are true, complete and accurate; (2) 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; (3) Customer is not registering the domain name for any immoral or unlawful purpose; and (4) Customer will not knowingly use the domain name in violation of any applicable laws, policies or regulations, (5) as the Registered Name Holder, Customer accepts liability for harm caused by wrongful use of the Registered Name.

 

2.4.3. User Name and Password: Customer agrees as follows:  (1) Customer is assigned a username and password when it first applies to use RegistrarSEC’s system; (2) Customer’s username and password are the sole means for accessing RegistrarSEC’s Services; (3) RegistrarSEC is not liable for the unauthorized use or misuse of Your Username or password; (4) Customer is solely responsible for maintaining the confidentiality of its username and password; and (5) Customer is solely responsible for any unauthorized activities, charges and/or liabilities made on or through a login name until we receive written notification from You of any unauthorized use of Your username or passwords.

 

2.4.4. Renewals: The RegistrarSEC system is designed to notify the Account Holder at least thirty (30) days before a Registered Name 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 Registered Names expiring within that calendar month. RegistrarSEC will assume You desire to have expiring Registered Name renewed, unless You instruct RegistrarSEC otherwise. RegistrarSEC will charge the credit card You used to secure the initial term of registration with RegistrarSEC, or bill Your account, as applicable, the following month in accordance with the payment terms described below. 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.

 

2.4.5. Transfers: Transfers are governed by the ICANN Transfer Policy, (https://www.icann.org/resources/pages/registrars/transfers-en) including the Registrar Transfer Dispute Resolution Policy, (https://www.icann.org/resources/pages/tdrp-2012-02-25-en) and Uniform Domain Name Dispute Resolution Policy, (https://www.icann.org/resources/pages/registrars/consensus-policies-en) these policies 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.

 

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

 

2.4.7 Suspension, Cancellation, Transfer or Modification: Customer acknowledges and agrees that RegistrarSEC may suspend, cancel, transfer or modify your use of the Services at any time, and for any reason, in its sole discretion. Without limiting the foregoing, RegistrarSEC may suspend, cancel, transfer or modify Customer’s Registered Name 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 Registered Name to send unsolicited commercial advertisements in contradiction to or Terms or applicable laws or policies, or otherwise violate any ICANN policies or procedures; or (3) You use the Registered Name in connection with unlawful or immoral activity. You further acknowledge and agree that the registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

 

2.5. 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 the Account Holder using the RegistrarSEC system available at registrarsec.com.

 

2.6. 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. RegistrarSEC shall submit invoices to Customer at the beginning of each calendar month, which shall reference the Fees associated with all Orders and recurring Services accepted by RegistrarSEC during the prior month.

 

Customer shall not, under any circumstances, receive any credits or refunds in connection with any Services which have been paid in full, including, without limitation, any: (1) fraudulent registration; (2) registration in bad faith; (3) loss of a domain dispute via the Uniform Domain Name Dispute Resolution Policy or Uniform Rapid Suspension System; (3) reversal decision by the Registry; (4) cancellation by RegistrarSEC due to Customer spamming, or other violations of this Agreement by Customer; (5) closed Services; (6) cancellation for any reason by Customer; or (7) inability on the part of any Registry Operator or registrar to deliver or otherwise complete the Services requested.

 

2.7. 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:

 

2.8. Changes to Service:

 

2.8.1. 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.

 

2.8.2. Notice of any material change to these terms and conditions will be made publicly on the RegistrarSEC website, and sent to Customers’ primary contact email.

 

2.8.3. Continued use of RegistrarSEC services constitutes your Agreement to any and all changes as they appear on the RegistrarSEC website.

 

2.8.3.1. Changes made by RegistrarSEC shall become binding immediately.

 

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

 

2.8.4. If You no longer agree with the terms of this Agreement because of a change in the terms, your sole remedies are either

 

2.8.4.1. to transfer all your domain registrations to another registrar, or

 

2.8.4.2. to cancel all domain names registered with RegistrarSEC.

 

  1. REGISTRANT RESPONSIBILITIES

 

3.1. As a RegistrarSEC Customer, Registered Name Holder, and Registrant You agree to be bound by following Registrant’ Benefits and Responsibilities (https://www.icann.org/resources/pages/benefits-2013-09-16-en), ICANN Consensus Policies (https://www.icann.org/resources/pages/registrars/consensus-policies-en), Including but not limited to Uniform Domain-Name Dispute-Resolution Policy

(UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en) and Uniform Rapid Suspension (URS) (http://newgtlds.icann.org/en/applicants/urs) and, for the adjudication of disputes concerning or arising from use of the Registered Name, shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder’s domicile and (2) where Registrar is located.

 

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

 

3.3. Registrant agrees to provide the following:

 

3.3.1. Accurate and reliable contact details, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the following data elements:

 

  • names of the primary nameserver and secondary nameserver(s) for the Registered Name;

 

  • name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and

 

  • name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

 

3.3.1.2. You represent that, to the best of Your 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.

 

3.3.1.3. You agree to correct and update contact details within seven (7) days of any change during the term of the Registered Name registration via email to legalnotices@registrarsec.com. Your willful provision of inaccurate or unreliable information, willful failure to update information provided to RegistrarSEC within seven (7) days of any change, or failure to respond for over fifteen (15) days to inquiries by RegistrarSEC concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of this Agreement and be a basis for suspension and/or cancellation of the Registered Name registration.

 

3.4. WHOIS Data: RegistrarSEC will take reasonable precautions to protect Registered Name Holder Personal Data submitted by You from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

 

3.4.1. RegistrarSEC will retain the Your Information as directed by ICANN Data Retention Specification (https://www.icann.org/en/system/files/files/proposed-data-retention-07mar13-en.pdf).

 

3.4.2. ICANN Required Disclosures:

 

3.4.2.1. Domain name registration requires sharing the Registered Name Holder Personal Data, 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 of Registered Name Holder Personal Data. Further, You represent and warrant that, if You provide Personal Data of a third party, You have provided that third party notice equivalent to that described in this Subsection 2.4.3.1 and that the You have obtained consent equivalent to that referred to in this Subsection 2.4.3.1 of any such third-party individual(s).

 

3.4.2.2 ICANN may establish or modify the guidelines, limits or requirements that relate to the amount, manner, and type of information that RegistrarSEC may or must collect and 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/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/Registrar agrees that it will not process Registered Name Holder Personal Data in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder. That said, Registered Name Holder understands that Registrar cannot impose terms and conditions on use of Registered Name Holder Personal Data provided, except as permitted by any Specification or Policy established by ICANN. Unless and until ICANN establishes a different Consensus Policy, Registrar shall permit use of Personal Data it provides in response to WHOIS queries for any lawful purposes except to: (a) allow, enable, or otherwise support the transmission by e-mail, telephone, postal mail, facsimile or other means of mass unsolicited, commercial advertising or solicitations to entities other than the data recipient’s own existing customers; or (b) enable high volume, automated, electronic processes that send queries or data to the systems of any Registry Operator or ICANN-Accredited registrar, except as reasonably necessary to register domain names or modify existing registrations.

 

  1. AGENCY AND LICENSE

 

4.1. If You are a person other than individual or corporation listed as the Registered Name Holder, as the signer of this Agreement, You represent that You have authority to bind the Registered Name Holder to this Agreement, including the UDRP or URS, as applicable. If You license the use of a domain name to a third party You are nonetheless the Registered Name Holder of record and are responsible for providing Your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. When licensing use of a Registered Name, according to this provision, You shall accept liability for harm caused by wrongful use of the Registered Name, unless You disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing You with reasonable evidence of actionable harm.

 

4

 

  1. LIMITATION AND INDEMNIFICATION

 

5.1. ALL SERVICES ARE PROVIDED TO CUSTOMER “AS IS.” EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, REGISTRARSEC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, 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 REGISTRARSEC, ICANN AND/OR ANY REGISTRY OPERATOR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY OF THE FOLLOWING: (1) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION; (2) USE OF YOUR DOMAIN NAME REGISTRATION; (3) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF OR ANY INTERRUPTION OF BUSINESS; (4) 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 REGISTRARSEC’s OR ANY REGISTRY OPERATOR’S 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.

 

5.2. NEITHER REGISTRARSEC NOR ANY REGISTRY OPERATOR WILL 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 REGISTRARSEC AND/OR ANY REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRARSEC’S AND/OR ANY REGISTRY OPERATOR’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT PERMITTED BY LAW.

 

5.3. You agree to defend, indemnify and hold harmless RegistrarSEC, ICANN and/or any Registry Operator (including any parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors of RegistrarSEC and/or any Registry Operator) from any third party claim, action or demand, resulting in loss, damages or costs (including reasonable attorney’s fees and expenses) due to, arising out of or related to: (1) Your use of the Services; (2) Your application for and registration of, or failure to register or renew, a particular domain name; (3) Your use of any domain name registered in your name; (4) Your breach of this Agreement; (5) any disputes involving the intellectual property rights; (6) processing any registrant transfers in accordance with this Agreement; and (7) Your use of any domain name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the UDRP or any similar rule, policy or procedure.

 

  1. MISCELLANEOUS

 

6.1. Notices: All notices must be in English and in writing and addressed to the other party’s primary contact (or the other party’s legal department in case of notification of termination or breach). The address for notices to RegistrarSEC is registryadmin@registrarsec.com. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).

 

6.2. Conflicts of Terms: Where the terms of this Agreement conflict with our <Terms>, agreements incorporated into this document be reference, or the additional terms of a Registry Operator, those latter terms and agreements shall control. Where the Agreement conflicts with a rule or policy of ICANN, the ICANN rule shall control.

 

6.3. Agreement term: The term of this Agreement shall commence on the Effective Date and shall continue during the period in which You receive any services hereunder, unless set forth in any agreements executed between You and RegistrarSEC. RegistrarSEC may terminate this Agreement, with or without cause, upon thirty (30) days’ notice to You. You are responsible for any service fees and third party costs accrued prior to termination date of this Agreement. It is the Customer’s responsibility to update billing contacts of domain names in order to receive renewal notices directly.

 

6.4. Survival: The terms set forth in sections 1, 2 and 4 shall survive the cancellation, termination or expiration of this Agreement and Your payment obligations as set forth herein with respect to fees incurred during the term of this Agreement.

 

6.5. Assignment: Customer may not assign any part of this Agreement without RegistrarSEC’s prior written consent.

 

6.6. Severability: If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.

 

  1. INCORPORATED ICANN SPECIFICATIONS AND POLICIES

 

ICANN Mandated Registration Provisions (link to Page)

ccTLD Policies. (Link to ccTLD Policies Page)

Registrant Educational Information

https://www.icann.org/resources/pages/responsibilities-2014-03-14-en 

ICANN Registrant Rights

https://www.icann.org/resources/pages/registrant-rights-2013-09-16-en

Restored Name Accuracy Policy

https://www.icann.org/en/registrars/rnap.htm

Domain Name Dispute Resolution Policies  https://www.icann.org/resources/pages/dndr-2012-02-25-en#udrp

ICANN Transfer Policy

https://www.icann.org/en/transfers/policy-en.htm

ICANN Registrar Transfer Dispute Resolution Policy

https://www.icann.org/resources/pages/tdrp-2012-02-25-en

gTLD Domain Name Life Cycle

https://www.icann.org/resources/pages/gtld-lifecycle-2012-02-25-en