Difference between revisions of "Register4Less, Inc. '''Registrar'''"

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Register4Less, Inc. Registration Agreement

Last Updated: June 13th, 2012

1. IN THIS REGISTRATION AGREEMENT

   "Registrant", "you" and "your" refers to the Registrant of each Second Level Domain ("SLD") name registration, "we", "us" and "our" refers to Register4Less, Inc., and "Services" refers to the domain name registration services provided by us. Any reference to a "registry," "Registry" or "Registry Operator" shall refer 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 by the rules and regulations set forth by a registry for that particular registry only.

2. SELECTION OF A DOMAIN NAME.

   You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. 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 shall it at any time whatsoever be used for, any unlawful purpose. During the period following registration of a domain name and the appointment of active name servers, we may post a stagnant web page and any revenues generated from same shall be for our own account.

3. FEES.

   As consideration for the Services, you agree to pay us the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. 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 about you as required by the registration process, and

   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"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Register4Less and each registry reserves 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 of this Agreement will constitute a material breach of our Agreement, which will entitle either us or a registry to terminate this #:Agreement immediately upon such breach without any refund and without notice to you.

4. RENEWALS, DELETIONS AND FORFEITURE.

   Domain names are registered for a finite period of time. You will receive reminders prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. Renewal reminders are sent by email to the billing (and admin if different) contact you maintain with us. In the event that you fail to renew your 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.

   Register4Less does not auto-renew customer domain names. In order to renew your domain name, you will need to log into your account using your Account Username and Password. You may follow the instructions in the renewal reminder email.

   If you fail to renew your registration, your domain name's services will 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. This parked may feature advertisements posted by us for our own account. On expiry, your domain name may enter a Renewal Grace Period during which time you may still renew your domain name at the normal renewal cost. The Renewal Grace Period will not exceed 40 days, and certain ccTLDs (.at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .it, .uk, .co.uk, .me.uk, .org.uk) do not have a Renewal Grace Period.

   If you fail to renew your domain registration during before expiry or during the Renewal Grace Period, your domain will be deleted by us. If your domain is deleted, most Registries also provide a 30-day Redemption Grace Period during which you may pay us a redemption fee to redeem your domain name. The redemption fee is currently $80 US (plus the normal renewal fee) and is subject to change under the terms of this Agreement. If You do not redeem your domain name prior to the end of the Registry's Redemption Grace Period, the Registry will release your domain name to the general public. Once your domain is in "Pending Delete" status, it is no longer possible to redeem or renew your domain.

   Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control.

   For certain ccTLDs (.at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .it, .uk, .co.uk, .me.uk, .org.uk), you must renew no later than the 20th of the month prior to the expiration date, or your domain name will be placed on non-renewal status. When the domain name is in non-renewal status, you can renew the domain name only by calling Register4Less and requesting that the domain name be renewed. You cannot renew the domain name through your control panel.

5. TERM.

   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. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

6. MODIFICATIONS TO AGREEMENT.

   You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that Register4Less may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website. 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.

7. MODIFICATIONS TO YOUR ACCOUNT.

   In order to change any of your account information with us, you must use the Account Username and Password that you selected when you opened your account with us. You agree to safeguard your Account Username and Password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your Account Username or Password.

8. NO GUARANTEE.

   You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

9. DOMAIN NAME DISPUTES.

   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. 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 Register4Less is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, Register4Less may, at its sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) Register4Less is directed to do so by the judicial or administrative body, or (ii) Register4Less receives 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, Register4Less may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us. You may review the ICANN's Uniform Domain Name Dispute Resolution Policy (often referred to as the "UDRP") at http://www.icann.org/en/help/dndr/udrp.

10. POLICY.

    You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Register4Less, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Register4Less, registry, ICANN or government-adopted policy, (1) to correct mistakes by us or a registry in registering the name or (2) for the resolution of disputes concerning the domain name.

11. AGENCY.

    Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore 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 domain name. You shall accept liability for harm caused by wrongful use of the domain name. You represent that you will secure the agreement of any third party to the terms and conditions in this Agreement.

12. 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.

13. LIMITATION OF LIABILITY.

    You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) 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. Register4Less and its directors, 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 resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account username or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. 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.

14. INDEMNITY.

    You agree to release, indemnify, and hold Register4Less, its contractors, agents, employees, officers, 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 username and password. 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.

15. TRANSFER OF OWNERSHIP.

    The person named as Registrant on the Whois shall be the registered name holder. The person named as administrative contact at the time the controlling account username and password are secured shall 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 shall 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 determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.

16. BREACH.

    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 by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) 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, then 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 we did not act earlier in response to that, or any other breach by you.

17. DISCLAIMER OF WARRANTIES.

    You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is 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 Service(s) 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(s) 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 shall create any warranty not expressly made herein.

18. 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:

    1. your name and postal address (or, if different, that of the domain name holder);
    2. the domain name being registered;
    3. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
    4. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
    5. the name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

    Any voluntary information we request is collected in order that we can continue to improve the products and services offered to you.