This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of DomainPeople, Inc.'s ("domainpeople.com") domain name registration services to register an Internet domain name, as well as your registration of that domain name.
To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by DomainPeople, Inc. from time to time. This Agreement will become effective when accepted by DomainPeople, Inc.
DomainPeople, Inc. 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. Company Abstract
DomainPeople, Inc. is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net and .org TLDs. and has been granted full rights to provide Internet domain registration services for second-level domain names within the .com, .org and .net top-level domains. ICANN oversees the domain name system management for .com, .net, and .org TLDs.
As an ICANN accredited domain name registrar, DomainPeople, Inc. is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for .com, .net and .org are not effective until we have delivered the required domain name registration information you provide us to the registry administrator for the .com, .net or .org TLDs, as applicable, and the registry administrator for the .com, .net, and .org TLDs (currently Network Solutions, Inc.) puts into effect your domain name registration.
You agree and acknowledge that DomainPeople, Inc. 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 reasonable legal fees and expenses) arising out of, or related to, your domain name registration.
2. Fees
You or the reseller on your behalf, will be responsible to pay for all fees associated with domain name services provided by DomainPeople, Inc. You will be notified directly by DomainPeople, Inc. when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Payment must be made by credit card or such other method as we may indicate in the registration renewal form. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that DomainPeople, Inc. shall have no liability whatsoever with respect to any such cancellation. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. DomainPeople, Inc. reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by DomainPeople, Inc. in its sole discretion).
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 DomainPeople, Inc. as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. 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 then-current reinstatement fee, currently a fee of US$200 is set as the reinstatement fee.
3. Dispute Policy
You agree to be bound by the current DomainPeople, Inc. Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.domainpeople.com/terms.html#policy Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. You agree to indemnify DomainPeople, Inc. against all claims, demands, and proceedings. DomainPeople, Inc. may modify the Dispute Policy in its sole discretion at any time with the permission of ICANN. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.
You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name is challenged by a third party. You also agree that in the event a domain name dispute arises with any third party, you will indemnify and hold DomainPeople, Inc. harmless pursuant to the terms and conditions contained in the Dispute Policy.
4. Transfer of Domain Name Ownership
Prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay DomainPeople, Inc. the then-current amount for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determine by DomainPeople, Inc. in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying DomainPeople, Inc. the then-current amount set by DomainPeople, Inc. for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.
5. Changes to Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that DomainPeople, Inc. may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other agreements that DomainPeople, Inc. is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement with the new modifications and the Dispute Policy with the new modifications. 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. Domain Name Registration Information and Its Use
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 fifteen (15) calendar days to inquiries by DomainPeople, Inc. 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.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that DomainPeople, Inc. 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 information by DomainPeople, Inc.
You may access your domain name registration information in DomainPeople, Inc.'s possession to review, modify or update such information, by accessing the DomainPeople Account Management online forms, or similar service, made available at our Web site (http://www.domainpeople.com).
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
DomainPeople, Inc. 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.
In the event of a charge back by a credit card company (or similar action by another payment provider permitted by DomainPeople) or other non-payment by you in connection with your payment of the Registrar transfer fee, you acknowledge and agree that the registration shall be transferred to DomainPeople as the entity that has paid the Registrar transfer fee for that registration to the applicable Registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. DomainPeople may reinstate any such registration solely at it's discretion, subject to it's receipt of the applicable Registrar transfer fee and DomainPeople's then-current reinstatement fee, currently set at US$200.
Upon successful completion of the Registrar transfer request, DomainPeople shall immediately become the Registrar of record. You agree to be bound by DomainPeople's Service Agreement, the domain name dispute policy (http://www.domainpeople.com/terms.html), and any rules or policies that are or may be published by DomainPeople from time to time. You will be required to extend your existing registration term for one (1) year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years.
8. Ownership of Data
You agree and acknowledge that DomainPeople, Inc. owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the administrative contact, technical contact, and billing contact 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. DomainPeople, Inc. does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
9. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to 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 administrative, technical, and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
10. Limitation of Liability
YOU AGREE THAT DomainPeople, Inc. WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DomainPeople, Inc.'s REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DomainPeople, Inc.; (e) EVENTS BEYOND DomainPeople, Inc.'s REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; (i) THE SUSPENSION OR CANCELLATION OF YOUR DOMAIN REGISTRATION BY DomainPeople, Inc. OR (j) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DomainPeople, Inc. 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 DomainPeople, Inc. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DomainPeople, Inc.'s MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU OR YOUR AGENT TO DomainPeople, Inc. FOR INITIAL REGISTRATION OF YOUR DOMAIN NAME.
11. Indemnity
You agree to defend, indemnify and hold harmless DomainPeople, Inc. for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your 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" Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, 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. WITHOUT ANY LIMITATION TO THE FOREGOING, DomainPeople, Inc MAKES 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.
13. Breach and Revocation
DomainPeople, Inc. reserves the right to suspend, cancel, transfer or modify your domain name registration for reasons including but not limited to (a) your material breach of this Agreement (including the Dispute Policy) and not curing such breach within thirty (30) days of notice by DomainPeople, Inc., (b) your use of 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) your use of 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 (including DomainPeople, Inc.) or registry administrator procedures approved by an ICANN-adopted policy, (X) to correct mistakes by DomainPeople, Inc., another registrar or the registry administrator in administering the name or (Y) for the resolution of disputes concerning the domain name.
You also agree that DomainPeople, Inc. 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 DomainPeople, Inc. receives 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. Governing Law/Severability
Any Agreement, arising from the business relationships between DomainPeople, Inc and the ACCOUNT HOLDER, will be governed by and construed in accordance with the laws of the Province of British Columbia (Canada), without reference to its conflicts of laws principles. ACCOUNT HOLDER agrees that any litigation or arbitration between the parties will take place in British Columbia (Canada), and consent to personal jurisdiction and venue in that Province. If any provision of that Agreement is found by a court of competent jurisdiction to be unenforceable for any reason, the remainder of that Agreement will continue in full force and effect.
15. Notices
You agree that any notices required to be given under this Agreement by DomainPeople, Inc. to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
16. General
This Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and DomainPeople, Inc., and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DomainPeople, Inc. 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 DomainPeople, Inc. 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 Agreement 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 Agreement unenforceable or invalid as a whole. DomainPeople, Inc. will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of DomainPeople, Inc. as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of DomainPeople, Inc.
DomainPeople Dispute Resolution Policy
1. Purpose.
This Uniform Domain Name Dispute Resolution Policy (the "Policy") has been adopted by the Internet Corporation for Assigned
Names and Numbers ("ICANN"), is incorporated by reference into your Registration Agreement, and sets forth the terms and conditions in
connection with a dispute between you and any party other than DomainPeople, Inc. (the registrar) over the registration and use of an Internet domain name registered by you. Proceedings under Paragraph 4 of this Policy will be conducted according to the Rules for Uniform Domain Name Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm, and the selected administrative-dispute-resolution service provider's supplemental rules.
2. Your Representations.
By applying to register a domain name, or by asking DomainPeople, Inc. to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in your Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name registrations under the
following circumstances:
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These
proceedings will be conducted before one of the administrative-dispute-resolution service providers listed at
www.icann.org/udrp/approved-providers.htm (each, a "Provider").
5. All Other Disputes and Litigation.
All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
6. Our Involvement in Disputes.
DomainPeople, Inc. will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
7. Maintaining the Status Quo.
DomainPeople, Inc. will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
8. Transfers During a Dispute.