\\n
\\n Azure
+ - DOMAIN NAME REGISTRATION AGREEMENT\\n
\\n
\\n Last Revised: 12/4/2023\\n
+ \
\\n
PLEASE READ THIS AGREEMENT CAREFULLY,
+ AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.\\n\\n
+ \
\\n
1. OVERVIEW\\n\\n
This
+ Domain Name Registration Agreement (this "Agreement") is
+ entered into by and between Microsoft Azure ("Azure") and you, and
+ is made effective as of the date of electronic acceptance. This Agreement
+ sets forth the terms and conditions of your use of Azure's Domain Name Registration
+ services (the "Domain Name Registration Services" or the
+ "Services"). The terms "we", "us" or
+ "our" shall refer to Azure. The terms "you", "your",
+ "User" or "customer" shall refer to any individual or
+ entity who accepts this Agreement. Unless otherwise specified, nothing in
+ this Agreement shall be deemed to confer any third-party rights or benefits.
\\n
+ \
Your electronic acceptance of this Agreement signifies that you have
+ read, understand, acknowledge and agree to be bound by this Agreement, which
+ incorporates by reference each of (i) Azure\u2019s Universal
+ Terms of Service Agreement ("UTOS"), (ii) all agreements,
+ guidelines, policies, practices, procedures, registration requirements or
+ operational standards of the top-level domain ("TLD") in
+ which you register any domain (\u201CRegistry Policies\u201D), and
+ (iii) any plan limits, product disclaimers or other restrictions presented
+ to you on the Domain Name Registration Services landing page of the Azure
+ website (this \u201CSite\u201D).
\\n
TO LINK TO
+ AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER
+ A DOMAIN NAME, PLEASE CLICK HERE.
\\n
+ \
You acknowledge and agree that (i) Azure, in its sole and absolute
+ discretion, may change or modify this Agreement, and any policies or agreements
+ which are incorporated herein, at any time, and such changes or modifications
+ shall be effective immediately upon posting to this Site, and (ii) your use
+ of this Site or the Services found at this Site after such changes or modifications
+ have been made shall constitute your acceptance of this Agreement as last
+ revised. If you do not agree to be bound by this Agreement as last revised,
+ do not use (or continue to use) this Site or the Services found at this Site.
+ \ In addition, Azure may occasionally notify you of changes or modifications
+ to this Agreement by email. It is therefore very important that you keep
+ your shopper account (\u201CShopper Account\u201D) information, including
+ your email address, current. Azure assumes no liability or responsibility
+ for your failure to receive an email notification if such failure results
+ from an inaccurate or out-of-date email address. Azure is an Internet Corporation
+ for Assigned Names and Numbers ("ICANN") accredited registrar.
+ \ \\r
\\n
You acknowledge and agree that Azure may modify this Agreement
+ in order to comply with any terms and conditions set forth by (i) ICANN and/or
+ (ii) the registry applicable to the TLD or country code top level domain ("ccTLD")
+ in question. The term \u201CRegistry Service Provider\u201D shall refer to
+ the service provider responsible for operating and managing the registry services
+ on behalf of the Registry Operator for its applicable TLD or ccTLD. To identify
+ the sponsoring registrar, click here.
\\n\\n
+ \
2. PROVISIONS SPECIFIC TO ALL REGISTRATIONS
+ \ \\n\\n
Unless otherwise noted, the provisions below
+ in this Section 2 are generally applicable to all TLDs that we offer. Special
+ provisions specific to any TLD or ccTLD (those in addition to posted Registry
+ Policies) are identified elsewhere below in this Agreement. \\r
\\n
- Registry
+ Policies. You agree to be bound by all Registry Policies (defined
+ above in this Agreement) applicable to your domain name registration (at any
+ level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ
+ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN
+ THE TLD. REGISTRY POLICIES FOR EACH TLD CAN BE FOUND BY VISITING THE CORRESPONDING
+ TLD LINK LISTEDHERE.
+ Notwithstanding anything in this Agreement to the contrary, the Registry Operator
+ of the TLD in which the domain name registration is made is and shall be an
+ intended third party beneficiary of this Agreement. As such the parties to
+ this agreement acknowledge and agree that the third party beneficiary rights
+ of the Registry Operator have vested and that the Registry Operator has relied
+ on its third party beneficiary rights under this Agreement in agreeing to
+ Azure being a registrar for the respective TLD. The third party beneficiary
+ rights of the Registry Operator will survive any termination of this Agreement.
+ \ \\n\\n - Registration Requirements. To
+ the extent any TLD or ccTLD requires you meet eligibility (e.g., residency
+ for .JP, .EU, etc.), validation (e.g., DNS validation) or other authentication
+ requirements as a condition to registering a domain name in the TLD, you agree
+ that by submitting an application or registering or renewing your domain name,
+ you represent and warrant that: (a) all information provided to register or
+ renew the domain name (including all supporting documents, if any) is true,
+ complete and correct, and is not misleading in any way, and the application
+ is made in good faith; (b) you meet, and will continue to meet, the eligibility
+ criteria prescribed in the Registry Policies for the applicable TLD for the
+ duration of the domain name registration; (c) you have not previously submitted
+ an application for the domain name with another registrar using the same eligibility
+ criteria, and the other registrar has rejected the application (if applicable);
+ (d) you acknowledge and agree that even if the domain name is accepted for
+ registration, your entitlement to register the domain name may be challenged
+ by others who claim to have an entitlement to the domain name; and (e) you
+ acknowledge and agree that the Registry or the registrar can cancel the registration
+ of the domain name if any of the warranties required are found to be untrue,
+ incomplete, incorrect or misleading.
\\n - Ownership.
+ You acknowledge and agree that registration of a domain name does not create
+ any proprietary right for you, the registrar, or any other person in the name
+ used as a domain name or the domain name registration and that the entry of
+ a domain name in the Registry shall not be construed as evidence or ownership
+ of the domain name registered as a domain name. You shall not in any way transfer
+ or purport to transfer a proprietary right in any domain name registration
+ or grant or purport to grant as security or in any other manner encumber or
+ purport to encumber a domain name registration.
\\r\\n - ICANN
+ Requirements. You agree to comply with the ICANN requirements, standards,
+ policies, procedures, and practices for which each applicable Registry Operator
+ has monitoring responsibility in accordance with the Registry Agreement between
+ ICANN and itself or any other arrangement with ICANN. For additional ICANN-related
+ helpful information, please see ICANN
+ Education Materials and ICANN
+ Benefits and Responsibilities.
\\r\\n - Indemnification
+ of Registry. You agree to indemnify, defend and hold harmless (within
+ 30 days of demand) the Registry Operator and Registry Service Provider and
+ their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors,
+ officers, employees, accountants, attorneys, insurers, agents, predecessors,
+ successors and assigns, from and against any and all claims, demands, damages,
+ losses, costs, expenses, causes of action or other liabilities of any kind,
+ whether known or unknown, including reasonable legal and attorney\u2019s fees
+ and expenses, in any way arising out of, relating to, or otherwise in connection
+ with the your domain name registration, including, without limitation, the
+ use, registration, extension, renewal, deletion, and/or transfer thereof and/or
+ the violation of any applicable terms or conditions governing the registration.
+ You shall not enter into any settlement or compromise of any such indemnifiable
+ claim without Registrar\u2019s or Registry Operator\u2019s prior written consent,
+ which consent shall not be unreasonably withheld, and you agree that these
+ indemnification obligations shall survive the termination or expiration of
+ the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE
+ LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL,
+ SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL,
+ FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT,
+ TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED,
+ ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR
+ INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE,
+ EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH
+ DAMAGES.
\\r\\n - Regulated TLDs. For
+ domain name registration in any \u201CRegulated\u201D TLD, you acknowledge
+ and agree your registration is subject to the following additional requirements:
+ (a) comply with all applicable laws, including those that relate to privacy,
+ data collection, consumer protection (including in relation to misleading
+ and deceptive conduct), fair lending, debt collection, organic farming, disclosure
+ of data, and financial disclosures; (b) if you collect and maintain sensitive
+ health and financial data you must implement reasonable and appropriate security
+ measures commensurate with the offering of those services, as defined by applicable
+ law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys,
+ .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital,
+ .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments,
+ .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage,
+ .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion,
+ .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis,
+ .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater,
+ .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet,
+ .engineering, .law, .limited, .show; .theater; .town, .city, .reise,
+ and .reisen
\\r\\n - Highly Regulated
+ TLDs. In addition to the requirements for Regulated TLDs, domain
+ name registration in any Highly-Regulated TLD is subject to the following
+ requirements: (a) you will provide administrative contact information, which
+ must be kept up\u2010to\u2010date, for the notification of complaints or reports
+ of registration abuse, as well as the contact details of the relevant regulatory,
+ or Industry self\u2010regulatory, bodies in their main place of business;
+ (b) you represent that you possess any necessary authorizations, charters,
+ licenses and/or other related credentials for participation in the sector
+ associated with such Highly\u2010regulated TLD; and (c) you will report any
+ material changes to the validity of you authorizations, charters, licenses
+ and/or other related credentials for participation in the sector associated
+ with the Highly\u2010regulated TLD to ensure you continue to conform to the
+ appropriate regulations and licensing requirements and generally conduct your
+ activities in the interests of the consumers they serve. Highly Regulated
+ TLDs include: _.abogado, .attorney, .bank, .bet, .bingo, .casino .charity
+ (and IDN equivalent), .cpa, .corp, creditcard, .creditunion .dds, .dentist,
+ .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance,
+ .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl,
+ .spreadbetting, .srl, .sucks, .surgery .university, .vermogensberater, .vesicherung,
+ and .wtf.\\r\\n
\\r\\nFor .doctor, registrants who
+ hold themselves out to be licensed medical practitioners must be able to demonstrate
+ to the Registrar and Registry, upon request, that they hold the applicable
+ license. \\n\\n - Special Safeguard TLDs.
+ In addition to the requirements for Regulated and Highly-Regulated TLDs, by
+ registering a domain name in any \u201CSpecial-Safeguard\u201D TLD, you agree
+ to take reasonable steps to avoid misrepresenting or falsely implying that
+ you or your business is affiliated with, sponsored or endorsed by one or more
+ country's or government's military forces if such affiliation, sponsorship
+ or endorsement does not exist. Special Safeguard TLDs include: .army,
+ .navy, .airforce
\\n - Third Party Beneficiary.
+ Notwithstanding anything in this Agreement to the contrary, the Registry Operator
+ for any TLD in which your register a domain name is and shall be an intended
+ third party beneficiary of this Agreement. As such the parties to this agreement
+ acknowledge and agree that the third party beneficiary rights of the Registry
+ Operator have vested and that the Registry Operator has relied on its third
+ party beneficiary rights under this Agreement in agreeing to Azure being a
+ registrar for the TLD. Third party beneficiary rights of the Registry Operator
+ shall survive any termination of this Agreement.
\\r\\n - Variable
+ and Non-Uniform Pricing. You acknowledge, understand and agree that
+ certain domain names in certain TLDs are established by Registry Policies
+ to be variably priced (i.e., standard v. premium names) and/or may have non-uniform
+ renewal registration pricing (such that the Fee for a domain name registration
+ renewal may differ from other domain names in the same TLD, e.g., renewal
+ registration for one domain may be $100.00 and $33.00 for a different domain
+ name).
\\r\\n
3. FEES AND PAYMENTS\\n\\n
+ \
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
\\n
You
+ agree to pay any and all prices and fees due for Services purchased or obtained
+ at this Site at the time you order the Services. Azure expressly reserves
+ the right to change or modify its prices and fees at any time, and such changes
+ or modifications shall be posted online at this Site and effective immediately
+ without need for further notice to you. If you have purchased or obtained
+ Services for a period of months or years, changes or modifications in prices
+ and fees shall be effective when the Services in question come up for renewal
+ as further described below. \\r
\\n
Unless otherwise specifically noted
+ (for reasons such as those highlighted in Section 2(x) above), the renewal
+ price for any domain name in any TLD will be the same as the list (non-sale)
+ price shown when you search for and select a domain, and again in the cart
+ prior to purchase. For example, if the list price is $9.99, and a different
+ renewal price is not specifically identified, then the renewal price is also
+ $9.99. Likewise, if a domain name has a sale price of $8.99, with the list
+ (non-sale) price shown (as a strike-through) at $9.99, the renewal price will
+ be $9.99*. \\r
\\n
* Renewal price subject to change prior to
+ actual date of renewal. \\r
\\n
For all other terms and conditions
+ relating to fees, payment, refund and billing, etc. applicable to the Services
+ offered under the scope of this Agreement, please refer to the \u201CFees
+ and Payments\u201D section of our Universal
+ Terms of Service. \\r
\\n\\n
(B) DOMAIN NAME
+ RENEWAL TERMS
\\n
When you register a domain name, you will
+ have the following renewal options:
\\n
- Automatic Renewal.
+ Automatic Renewal is the default setting. Domain names will automatically
+ renew, for a period equivalent to the length of your original domain name
+ registration, and payment will be taken from the Payment Method you have on
+ file with Azure, at Azure's then current rates. Thus, if you have chosen to
+ register your domain name for one (1) year, Azure will automatically renew
+ it for one (1) year. If you have chosen to register your domain name for two
+ (2) years, Azure will automatically renew it for two (2) years, and so on.
+ If you wish to change your automatic renewal term to a different period from
+ your original term, as of 16 July 2020, you may manually renew the domain
+ registration to establish a new default automatic renewal term for the domain.
\\n\\n
+ \ - Manual Renewal. If you have elected to turn off automatic
+ renewal and cancel the product (i.e., cancel the domain name registration)
+ effective at expiration of the then current term, you may nonetheless elect
+ to manually renew the domain name at anytime prior to its expiration date
+ by logging into your Account
+ Manager and manually implementing the renewal or by calling customer service
+ (should you in fact want the domain name to be renewed). If you fail to manually
+ implement the renewal before the expiration date, the domain name will be
+ cancelled and you will no longer have use of that name.
\\n
+ \
All renewals will be subject to the terms of this Agreement, as it
+ may be amended from time to time, and you acknowledge and agree to be bound
+ by the terms of this Agreement (as amended) for all renewed domains. Domain
+ name renewals will be non-refundable. In the event that we are unable to automatically
+ renew your domain name for the renewal option selected for any reason, we
+ may automatically renew your domain name for a period less than your original
+ registration period to the extent necessary for the transaction to succeed.
+ If for any reason Azure is not able to take the payment from the Payment Method
+ you have on file, and you fail to respond to our notices, your domain name
+ registration will expire. It is your responsibility to keep your Payment Method
+ information current, which includes the expiration date if you are using a
+ credit card. \\r
\\n
For certain ccTLDs (.am, .at, .be, .br,
+ .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms,
+ .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw,
+ .uk, and .vg), renewal billing will occur on the first day of the month prior
+ to the month of expiration.
\\n
For certain ccTLDs (.am, .at, .be, .ca,
+ .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .fr, .gs, .it, .jp, .ms, .nu,
+ .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk,
+ and .vg), renewal will occur, or must occur manually if the product was previously
+ cancelled, no later than the 20th of the month prior to the expiration date,
+ or your domain name will be placed in non-renewal status. For some ccTLDs
+ (.es) renewal must be processed no later than seven days before the expiration
+ date, or your domain name will be placed in non-renewal status. When the
+ domain name is in non-renewal status, you can renew the domain name only by
+ calling Azure and requesting that the domain name be renewed. You cannot renew
+ the domain name through your Account
+ Manager. If you fail to manually implement the renewal of any cancelled
+ product before the expiration date, the domain name will be cancelled and
+ you will no longer have use of that name. \\r
\\n\\n
You agree
+ that Azure will not be responsible for cancelled domain names that you fail
+ to renew in the timeframes indicated in this Agreement. In any case, if you
+ fail to renew your domain name in a timely fashion, additional charges may
+ apply. If you signed up for privacy services, protected registration, or any
+ other similar service, with your domain name registration, these services
+ will automatically be renewed when your domain name registration is up for
+ renewal, and you will incur the applicable additional renewal fee unless you
+ cancel in advance.
\\n
If you fail to renew your domain name
+ in the timeframes indicated in this Agreement, you agree that Azure may, in
+ its sole discretion, renew your expired domain name on your behalf. If Azure
+ decides to renew your expired domain name on your behalf, you will have a
+ Renewal Grace Period during which you must reimburse Azure for the renewal
+ and keep your domain name. The Renewal Grace Period is currently twelve (12)
+ days but subject to change under the terms of this Agreement.
\\n
For
+ certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm,
+ .fr, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw,
+ .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period
+ after the expiration date of the domain name. If you do not reimburse Azure
+ for the renewal during the Renewal Grace Period your domain name will be placed
+ on Hold and flagged for deletion after which you may have up to a 30-day redemption
+ period to redeem your domain name, provided that your domain name is not subject
+ to an expired domain name auction bid and you pay Azure a Redemption fee.
+
\\n
The Redemption fee is displayed at checkout 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 30-day redemption period Azure may, in its sole discretion,
+ delete your domain name or transfer it to another registrant on your behalf.
+ \ During the redemption period your domain name may be parked.
\\n\\n
+ \
If your domain name is deleted, the Registry also provides a 30-day
+ Redemption Grace Period during which you may pay Azure a redemption fee and
+ redeem your domain name. The redemption fee is displayed at checkout 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 name and it will become available for registration
+ on a first-come-first-served basis.
\\n
Renewal Grace Periods and Redemption
+ Grace Periods vary for different ccTLDs. Please refer to the specific terms
+ for the applicable TLD. In the event there is a conflict between the provisions
+ of this paragraph and the ccTLD terms, the ccTLD terms shall control.
\\n
Our
+ registration expiration notification policy and associated fees are described
+ here.
+ \
\\n\\n
(C) FREE PRODUCT TERMS
\\n
In
+ the event you are provided with free products with the registration of a domain
+ name, you acknowledge and agree that such free products will only be available
+ with a valid purchase and may be terminated in the event the domain name is
+ deleted or cancelled. For free domain names, you acknowledge and agree that
+ you may not change the account associated with such free domain for the first
+ five (5) days after registration. In the event a free domain name is offered
+ with the registration of another domain and if the paid domain name registered
+ fails, then we may, in our sole discretion, either delete the registration
+ of the free domain or refund the difference between the amount paid and the
+ value of the free domain. Failed registrations associated with promotional
+ offers may result in the deletion of the free or discounted item or an adjustment
+ between the registered domain price and the value of the discounted item,
+ in our sole discretion.
\\n\\n
4. TERM OF AGREEMENT;
+ TRANSFERS; DOMAIN TASTING \\n\\n
The term of this
+ Agreement shall continue in full force and effect as long as you have any
+ domain name registered through Azure. \\r
\\n
You agree that you
+ will not transfer any domain name registered through Azure to another domain
+ name registrar during the first sixty (60) days after its initial registration
+ date. You agree that you may not transfer any domain name for ten (10) days
+ after a Change of Account. \\r
\\n
You further agree that you
+ will not engage in "domain tasting" by using the five (5) day grace
+ period in which a registrant may choose to cancel a domain name and get a
+ full refund of the registration fee as a vehicle to test the marketability
+ or viability of a domain name. If Azure determines (which determination shall
+ be made by Azure in its sole and absolute discretion) that you have been engaging
+ in "domain tasting", then Azure reserves the right to (a) charge
+ you a small fee (which fee shall be deducted from any refund issued) or (b)
+ refuse your cancellation/refund request altogether. Azure will not charge
+ you a fee if Azure cancels your domain name during the five (5) day grace
+ period due to fraud or other activity outside of your control. The five (5)
+ day grace period does not apply to Premium Domains, which are non-refundable.
+ \ \\r
\\n
You agree that Azure shall not be bound by (i) any representations
+ made by third parties who you may use to purchase services from Azure, or
+ (ii) any statements of a general nature, which may be posted on Azure's website
+ or contained in Azure's promotional materials.
\\n
5.
+ UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION\\n\\n
+ \
You agree to notify Azure within five (5) business days when any
+ of the information you provided as part of the application and/or registration
+ process changes. It is your responsibility to keep this information in a current
+ and accurate status. Failure by you, for whatever reason, to provide Azure
+ with accurate and reliable information on an initial and continual basis,
+ shall be considered to be a material breach of this Agreement and a basis
+ for suspension and/or cancellation of the domain name. Failure by you, for
+ whatever reason, to respond within five (5) business days to any inquiries
+ made by Azure to determine the validity of information provided by you, shall
+ also be considered to be a material breach of this Agreement and a basis for
+ suspension and/or cancellation of the domain name. You agree to retain a copy
+ for your record of the receipt for purchase of your domain name.
\\n
You
+ agree that for each domain name registered by you, the following contact data
+ is required: postal address, email address, telephone number, and if available,
+ a facsimile number for the Registered Name Holder and, if different from the
+ Registered Name Holder, the same contact information for, a technical contact,
+ an administrative contact and a billing contact. \\r
\\n
You agree that
+ if you intend to license use of a domain name to a third party, you are nonetheless
+ the Registered Name Holder of record and are responsible for providing your
+ full contact information and updating accurate technical and administrative
+ contact information adequate to facilitate timely resolution of any problems
+ that arise in connection with the Registered Name. A Registered Name Holder
+ licensing use of a Registered Name according to this provision shall accept
+ liability for harm caused by wrongful use of the Registered Name, unless it
+ disclosers the current contact information provided by the licensee and the
+ identity of the licensee within seven (7) days to a party providing the Registered
+ Name Holder reasonable evidence of actionable harm.
\\n
You acknowledge
+ and agree that domain name registration requires that your contact information,
+ in whole or in part, be shared with the registry operator, for their use,
+ copying, distribution, publication, modification and other processing for
+ the purpose of administration of the domain name registration, which may require
+ such information be transferred back and forth across international borders,
+ to and from the U.S. to the EU, for example. As required by ICANN or for certain
+ ccTLDs (.am, .au, .com.au, .net.au, .org.au, .ca, .cz, .fr, .it, .jp, .co.jp,
+ .kr, .co.kr, .ne.kr, .re.kr, .no, .co.nz, .net.nz, .org.nz, .vg, .se, .so,
+ .sg, .com.sg, .tw, .com.tw, .net.tw, .org.tw, .uk, .co.uk, .me.uk, .org.uk,
+ .us), this information may be made publicly available by the registry operator
+ via Whois or its successor protocol (collectively referred to as the \u201CWhois"
+ Directory) that is beyond, and not subject to, Azure's control.
\\n
Both
+ Azure and the registry operator may be required to archive this information
+ with a third-party escrow service. You hereby consent and give permission
+ for all such requirements and disclosures. Further, you represent and warrant
+ that, if you are providing information about a third party, you have notified
+ the third party of the disclosure and the purpose for the disclosure and you
+ have obtained the third party's consent to such disclosure. Registrar will
+ not process data in a way that is incompatible with this Agreement. Registrar
+ will take reasonable precautions to protect data from loss or misuse, unauthorized
+ access or disclosure, alteration, or destruction.
\\n\\n
You
+ agree that for each domain name registered by you the following information
+ could be made publicly available in the Whois Directory as determined by ICANN
+ or registry policies and may be sold in bulk as set forth in the ICANN agreement:
\\n
\\n- The
+ domain name;
\\n- Your name and postal address;
\\n- The name,
+ email address, postal address, voice and fax numbers for technical and administrative
+ contacts;
\\n- The Internet protocol numbers for the primary and secondary
+ name servers;
\\n- The corresponding names of the name servers; and
\\n- The
+ original date of registration and expiration date,
\\n- Name of primary
+ name server and secondary name server,
\\n- Identity of the registrar.
\\n
\\n
You
+ agree that, to the extent permitted by ICANN, Azure may make use of the publicly
+ available information you provided during the registration process. If you
+ engage in the reselling of domain names you agree to provide any individuals
+ whose personal information you've obtained, information about the possible
+ uses of their personal information pursuant to ICANN policy. You also agree
+ to obtain consent, and evidence of consent, from those individuals for such
+ use of the personal information they provide.
\\n\\n
You agree
+ that Azure has the right to make public and share with third parties certain
+ information in connection with the sale or purchase of domain names on the
+ website, including but not limited to (a) the name of the domain name sold
+ or purchased, (b) the sale or purchase price of the domain name sold or purchased,
+ and (c) information relating to the timing of the sale or purchase.
\\n
+ \
In order for us to comply with any current or future rules and
+ policies for domain name systems including any rules or policies established
+ by the CIRA or any provincial or federal government or by other organization
+ having control or authority to establish rules or policies, you hereby grant
+ to us the right to disclose to third parties through an interactive publicly
+ accessible registration database the following information that you are required
+ to provide when applying for a domain name:
\\n
\\n
\\r\\n- The
+ domain or sub-domain name(s) registered by you;
\\r\\n- Your organization
+ name, type and postal address;
\\r\\n- The name(s), position(s), postal
+ address(es), e-mail address(es), voice telephone number(s) and where available
+ the fax number(s) of the technical and administrative contacts for your domain
+ or sub-domain name(s);
\\r\\n- The full hostnames and Internet protocol
+ (IP) addresses of at least two (2) name server hosts (one primary and at least
+ one secondary) for your domain or sub-domain name. Up to six (6) name servers
+ may be specified. If a host has more than one (1) IP address, use a comma-separated
+ list;
\\r\\n- The corresponding names of those name servers;
+ \ \\r\\n- The original creation date of the registration; and
\\r\\n- The
+ expiration date of the registration.
\\r\\n
\\r\\n
We may be required
+ to make this information available in bulk form to third parties. We may also
+ transfer or assign this information to CIRA or such other third party as we
+ may decide, in our sole discretion.
\\n\\n
6.
+ DISPUTE RESOLUTION POLICY\\n\\n
You agree to be
+ bound by our current Dispute Resolution Policy. This policy is incorporated
+ herein and made a part of this Agreement. You can view the Uniform
+ Domain Name Dispute Resolution Policy online. You agree that Azure may
+ from time to time modify its Dispute Resolution Policy. Azure will post any
+ changes to its Dispute Resolution Policy at least thirty (30) days before
+ they become effective. You agree that by maintaining your domain name registrations
+ with Azure after the updated policy becomes effective that you agree to the
+ Dispute Resolution policy as amended. You agree to review Azure's website
+ periodically to determine if changes have been made to the Dispute Resolution
+ Policy. If you cancel or terminate your Services with Azure as a result of
+ the modified Dispute Resolution policy, no fees will be refunded to you. You
+ also agree to submit to proceedings commenced under ICANN's Uniform Rapid
+ Suspension System, if applicable.
\\n
You agree that if a dispute
+ arises as a result of one (1) or more domain names you have registered using
+ Azure, you will indemnify, defend and hold Azure harmless as provided for
+ in this Agreement. You also agree that if Azure is notified that a complaint
+ has been filed with a governmental, administrative or judicial body, regarding
+ a domain name registered by you using Azure, that Azure, in its sole discretion,
+ may take whatever action Azure deems necessary regarding further modification,
+ assignment of and/or control of the domain name deemed necessary to comply
+ with the actions or requirements of the governmental, administrative or judicial
+ body until such time as the dispute is settled. In this event you agree to
+ hold Azure harmless for any action taken by Azure.
\\n
You agree
+ to submit, without prejudice to other potentially applicable jurisdictions,
+ to the jurisdiction of the courts (1) of your domicile, (2) where registrar
+ is located or (3) where the registry operator is located (e.g., China for
+ .CN, Columbia for .CO, UK for .EU, etc.).
\\n
In the case of .ca
+ domain names, you agree that, if your use of the service or the registration
+ of a .ca domain name is challenged by a third party, you will be subject to
+ the provisions specified by CIRA in their dispute resolution policy, in effect
+ at the time of the dispute.
\\n
7. TRANSFER OF DOMAIN
+ NAMES\\n\\n
If you transfer any domain name, you
+ agree to provide the information required by, and to abide by, the procedures
+ and conditions set forth in our Domain
+ Name Transfer Agreement and Change
+ of Registrant Agreement. You may view the latest versions of our Domain
+ Name Transfer Agreement and Change of Registrant Agreement online. In order
+ to further protect your domain name, any domain name registered with Azure
+ or transferred to Azure shall be placed on lock status, unless an opted-out
+ has occurred as defined in our Change of Registrant Agreement or Domain Name
+ Proxy Agreement. The domain name must be placed on unlock status in order
+ to initiate a transfer of the domain name away from Azure to a new Registrar.
+ You may log into your account with Azure at any time after your domain name
+ has been successfully transferred to Azure, and change the status to unlock.
\\n
+ \
8. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH
+ OF AGREEMENT\\n\\n
You represent and warrant to
+ the best of your knowledge that, neither the registration of the domain nor
+ the manner it is directly or indirectly used, infringes the legal rights of
+ any third party. You will comply with all applicable laws, including, but
+ not limited to those relating to privacy, data collection, consumer protection,
+ fair lending, debt collection, organic farming, and disclosure of data and
+ financial disclosures. If you collect and maintain sensitive health and financial
+ data, you must implement reasonable and appropriate security measures commensurate
+ with the offering of those services, as defined by applicable law. You represent
+ that you possess any necessary authorization, charter, license, and/or other
+ related credential for participation in the sector associated with the associated
+ registry tld string. You will report any material changes to the validity
+ of your authorization, charter, license, and/or other related credential.
+ You will indemnify and hold harmless the registrar and registry operator,
+ and their 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 the domain name registration.
+ \ This obligation shall survive expiration or termination of this Agreement
+ or the domain name registration.
\\n
You agree that, in addition
+ to other events set forth in this Agreement: \\r
\\n
- Your ability
+ to use any of the services provided by Azure is subject to cancellation or
+ suspension in the event there is an unresolved breach of this Agreement and/or
+ suspension or cancellation is required by any policy now in effect or adopted
+ later by ICANN;
\\r\\n \\r\\n- Your registration of any domain names
+ shall be subject to suspension, cancellation or transfer pursuant to any ICANN
+ adopted specification or policy, or pursuant to any Azure procedure not inconsistent
+ with an ICANN adopted specification or policy (a) to correct mistakes by Azure
+ or the registry operator in registering any domain name; or (b) for the resolution
+ of disputes concerning any domain name.
\\r\\n
\\nYou acknowledge
+ and agree that Azure and registry reserve the right to deny, cancel or transfer
+ any registration or transaction, or place any domain name(s) on lock, hold
+ or similar status, as either deems necessary, in the unlimited and sole discretion
+ of either Azure or the registry: (i) to comply with specifications adopted
+ by any industry group generally recognized as authoritative with respect to
+ the Internet (e.g., RFCs), (ii) to protect the integrity and stability of,
+ and correct mistakes made by, any domain name registry or registrar, (iii)
+ for the non-payment of fees to registry, (iv) to protect the integrity and
+ stability of the registry, (v) to comply with any applicable court orders,
+ laws, government rules or requirements, requests of law enforcement, or any
+ dispute resolution process, (vi) to comply with any applicable ICANN rules
+ or regulations, including without limitation, the registry agreement, (vii)
+ to avoid any liability, civil or criminal, on the part of registry operator,
+ as well as its affiliates, subsidiaries, officers, directors, and employees,
+ (viii) per the terms of this Agreement, (ix) following an occurrence of any
+ of the prohibited activities described in Section 8 below, or (x) during the
+ resolution of a dispute.
\\n\\n
You agree that your failure
+ to comply completely with the terms and conditions of this Agreement and any
+ Azure rule or policy may be considered by Azure to be a material breach of
+ this Agreement and Azure may provide you with notice of such breach either
+ in writing or electronically (i.e. email). In the event you do not provide
+ Azure with material evidence that you have not breached your obligations to
+ Azure within ten (10) business days, Azure may terminate its relationship
+ with you and take any remedial action available to Azure under the applicable
+ laws. Such remedial action may be implemented without notice to you and may
+ include, but is not limited to, cancelling the registration of any of your
+ domain names and discontinuing any services provided by Azure to you. No fees
+ will be refunded to you should your Services be cancelled or terminated because
+ of a breach.
\\n
Azure's failure to act upon or notify you of any event,
+ which may constitute a breach, shall not relieve you from or excuse you of
+ the fact that you have committed a breach.
\\n\\n
9.
+ RESTRICTION OF SERVICES; RIGHT OF REFUSAL\\n\\n
If
+ you are hosting your domain name system (\u201CDNS\u201D) on Azure\u2019s
+ servers, or are using our systems to forward a domain name, URL, or otherwise
+ to a system or site hosted elsewhere, or if you have your domain name registered
+ with Azure, you are responsible for ensuring there is no excessive overloading
+ on Azure\u2019s servers. You may not use Azure\u2019s servers and your domain
+ name as a source, intermediary, reply to address, or destination address for
+ mail bombs, Internet packet flooding, packet corruption, or other abusive
+ attack. Server hacking or other perpetration of security breaches is prohibited.
+ You agree that Azure reserves the right to deactivate your domain name from
+ its DNS if Azure deems it is the recipient of activities caused by your site
+ that threaten the stability of its network.
\\n
You agree that
+ Azure, in its sole discretion and without liability to you, may refuse to
+ accept the registration of any domain name. Azure also may in its sole discretion
+ and without liability to you delete the registration of any domain name during
+ the first thirty (30) days after registration has taken place.
\\n
In
+ the event Azure refuses a registration or deletes an existing registration
+ during the first thirty (30) days after registration, you will receive a refund
+ of any fees paid to Azure in connection with the registration either being
+ cancelled or refused. In the event Azure deletes the registration of a domain
+ name being used in association with spam or morally objectionable activities,
+ no refund will be issued.
\\n\\n
10. DEFAULT
+ SETTINGS; PARKED PAGE\\n\\n
Choosing Your Domain
+ Name Settings. When you register a domain name with Azure, you will be
+ prompted to choose your domain name settings during the checkout process.
+ \ If you plan on using another provider for your website or hosting needs,
+ then you should enter the name servers of such provider when you choose your
+ domain name settings. This will direct your domain name away from Azure\u2019s
+ name servers. If you are an existing Azure customer and have already set
+ up a customer profile designating your domain name settings for new domain
+ name registrations, you will not need to complete this step again during the
+ checkout process.
\\n
Azure\u2019s Default Settings.
+ \ If you do not direct your domain name away from Azure\u2019s name servers
+ as described above, Azure will direct your domain name to a \u201CParked
+ Page\u201D (\u201CDefault Setting\u201D). You acknowledge and
+ agree that Azure has the right to set the Default Setting.
\\n
Parked
+ Page Default Setting. Azure's Parked Page service is an online domain
+ monetization system designed to generate revenue (through the use of pay per
+ click advertising) from domain names that are not actively being used as websites.
+ \ If your domain name is directed to a Parked Page, you acknowledge and agree
+ that Azure may display both (a) in-house advertising (which includes links
+ to Azure products and services) and (b) third-party advertising (which includes
+ links to third-party products and services) on your Parked Page through the
+ use of pop-up or pop-under browser windows, banner advertisements, audio or
+ video streams, or any other advertising means, and we may aggregate for our
+ own use, related usage data by means of cookies and other similar means. In
+ addition, you acknowledge and agree that all in-house and third-party advertising
+ will be selected by Azure and its advertising partners, as appropriate, and
+ you will not be permitted to customize the advertising, or entitled to any
+ compensation in exchange therefor. Please note that the third-party advertising
+ displayed on Azure\u2019s Parked Pages may contain content offensive to you,
+ including but not limited to links to adult content. Azure makes no effort
+ to edit, control, monitor, or restrict the content and third-party advertising
+ displayed on Azure\u2019s Parked Pages, and expressly disclaims any liability
+ or responsibility to you or any third party in connection therewith.
\\n
+ \
Changing Azure\u2019s Default Settings. You may change
+ Azure\u2019s Default Settings at any time during the term of your domain name
+ registration.
\\n
- Content Displaying On Your Parked Page.
+ \ You can not modify the content displaying on your Parked Page. You may
+ select one of the other options listed below.
\\r\\n\\r\\n- Participating
+ In Domain Name Monetization. If you wish to participate in the domain
+ monetization potential presented by Azure\u2019s Parked Page service, please
+ review and consider purchasing our CashParking\xAE service.
\\r\\n \\r\\n- No
+ Content. If the options listed above are not acceptable to you, please
+ contact customer support to learn what other options might be available to
+ you.
\\n
Return To Parked Page Default Setting Upon
+ Domain Name Expiration. Upon domain name expiration, and regardless of
+ how you use your domain name during the term of your domain name registration,
+ your domain name will automatically return to the Parked Page Default Setting
+ described above. As used in this paragraph, \u201Cexpiration\u201D is deemed
+ to include any \u201Crenewal period\u201D or \u201Credemption period\u201D
+ immediately after the domain name expires, but before the domain name is returned
+ to the registry. Once your domain name has returned to the Parked Page Default
+ Setting described above, the only way to opt out of the Parked Page service
+ is to renew, redeem, or re-register your domain name in accordance with Section
+ 2(B), Domain Name Renewal Terms, of this Agreement.
\\n
11.
+ \ DOMAIN ADD-ONS\\n\\n
Business Registration:
+ \ Business registration allows You to display additional information about
+ the business that is the basis of Your domain name, including, but not limited
+ to, such information as Your fax number, street address, and hours of operation.
\\n
+ \
Expiration Consolidation. You understand and acknowledge
+ the expiration consolidation service may only be used to consolidate the expiration
+ of .com and .net domain names. The service may not be used to consolidate
+ domains that are on Registrar HOLD, Registry HOLD, or pending Transfer status.
+ You acknowledge the service may only be used to push the expiration date of
+ Your domains forward in time, at least one (1) month forward and no more than
+ ten (10) years forward, and then, only for a period lasting less than twelve
+ (12) months. Once the service has been used to consolidate domains, the new
+ expiration date may not be reversed. To ensure the service is not abused or
+ used as an alternative to renewals, you may only use the service on each domain
+ once in any 12-month period. The service may only be used on domain names
+ that have not passed their expiration date. In order to change the expiration
+ date again, You will be required to renew the domain name first. You further
+ understand and acknowledge the service may only be used to coordinate domains
+ where we are the registrar of record. Domains not registered with us must
+ be transferred before we can perform the Service.
\\n
Discount
+ Domain Club Basic. The Discount Domain Club membership includes the
+ purchase of discounted products and services from us, including discounts
+ on certain domain registrations. Eligible TLDs include .COM, .NET, .ORG, .INFO,
+ .BIZ, .CO, .CA, .COM.AU, .CO.UK, .US, .IN. Any available discount applies
+ only to registration fees and will not apply to any commission fees. You are
+ required to keep Your membership current as long as You have free or discounted
+ products or services that are purchased with us. If You fail to renew Your
+ membership, without canceling Your discounted domain registration or other
+ services, we will automatically renew Your products and services at the regular
+ pricing in effect at the time of renewal, charging the Payment Method on file
+ for You, and You will be unable to purchase any more discounted products or
+ services, or use Your free accounts until the Membership Agreement fee has
+ been paid. All membership fees are non-refundable.
\\n
Discount
+ Domain Club Premium. The Discount Domain Club membership includes,
+ the purchase of discounted products and services from us, including discounts
+ on selected domain registrations, one (1) free Auctions account, one (1) free
+ CashParking account, and discounts on Domain Brokerage Service. Any available
+ discount applies only to upfront Broker Service Fee and will not apply to
+ any commission fees. You are required to keep Your membership current as
+ long as You have free or discounted products or services that are purchased
+ with us. If You fail to renew Your membership, without canceling Your discounted
+ domain registration or other services, we will automatically renew Your products
+ and services at the regular pricing in effect at the time of renewal, charging
+ the Payment Method on file for You, and You will be unable to purchase any
+ more discounted products or services, or use Your free accounts until the
+ Membership Agreement fee has been paid. All membership fees are non-refundable.
\\n\\n
+ \
Backordering/Monitoring. You agree a domain
+ name that has expired shall be subject first to a grace period of twelve (12)
+ days, followed by the ICANN-mandated redemption grace period of thirty (30)
+ days. During this period of time, the current domain name registrant may renew
+ the domain name and retain registration rights. We do not guarantee your backorder
+ will result in you obtaining the domain name and expressly reserves the right
+ to (a) refuse additional backorders or (b) cancel existing backorders at any
+ time for any reason. If your backorder is refused or cancelled, we agree
+ to promptly refund any fees paid for such domain name backorder. The domain
+ name may also be placed in a secondary market for resale through the Auctions\xAE
+ service. After your first year of Auctions membership, you agree that unless
+ otherwise advised, we will automatically renew your Auctions membership using
+ the payment method you have on file for so long as your backorder credit is
+ active. You may learn more about Auctions by visiting the Auctions website.
+ The domain name may also be subject to a drop pool process before it is available
+ for purchasing. You understand we and our registrar affiliates use our services,
+ including backordering. Therefore, the domain name may be registered with
+ a different registrar, but can be managed through your account. By using
+ the Services, you will be able to, among other things: \\r
\\n
- Backorder
+ any domain name under the top level domains .COM, .NET, .US, .BIZ, .INFO,
+ .ORG, .MOBI. A backorder for a domain name will include the price of up to
+ a one-year domain name registration. Should you successfully backorder any
+ domain name, you will be subject to the terms and conditions of the Domain
+ Name Registration and related agreements, which are incorporated herein by
+ reference.
- Change your backorder until you obtain a domain name. You
+ will have the opportunity to change the credit to a different domain name
+ until you successfully capture one. After three (3) years, if the credit is
+ not used, we reserves the right to remove the credit.
- Monitor your
+ currently registered domain names for changes in registrar, status, expiration
+ date or name servers at no additional cost.
- Subscribe to Domain Alert
+ Pro or monitoring, which enables you to monitor any currently registered domain
+ name, regardless of registrar, for historical tracking of status changes and
+ designation of multiple email notification addresses.
\\r\\n\\n
+ \
Domain Ownership Protection. Domain Ownership
+ Protection generally allows You to: (i) prevent accidental loss of a domain
+ name due to an expired credit card or invalid payment method for a period
+ of ninety (90) days before the domain goes through its normal expiration process;
+ and (ii) lock your domain name to your account.
\\n
THE SERVICE WILL
+ NOT, HOWEVER, PREVENT TRANSFERS RESULTING FROM YOUR ACTION OF LISTING YOUR
+ DOMAIN FOR SALE ON ANY OF Azure'S
+ PLATFORMS, INCLUDING PREMIUM LISTINGS, REGARDLESS OF WHEN YOU PURCHASED THE
+ SERVICE.
\\n
Once you have elected to purchase the Service for any and
+ all domain names, the automatic renewal function will be activated for each
+ domain name and those names will not be transferable until You elect to remove
+ the service or sell the domain as mentioned above. Accordingly, You acknowledge
+ and agree You have carefully considered the implications accompanying the
+ purchase of the Service and understand the restrictions the Service will place
+ upon Your ability to transfer any domains for which You have purchased the
+ Service. Furthermore, you acknowledge and agree that the Service includes
+ additional steps to verify your registration rights prior to deactivation.
+ While You can elect to deactivate the Service at any time, you also acknowledge
+ and agree that the Service is subject to our Refund Policy, and that you may
+ not be entitled to a refund.
\\n\\n
Premium Domain
+ Listing and Buying Services.
\\n
\\n- \\n
Description
+ of Service. The Premium Domain Buying Service (\u201CService\u201D)
+ is provided to facilitate the buying of currently registered domain names
+ only, and not the purchase or sale of associated website content.. Azure provides
+ a venue and a transaction facilitation process and will take a stated commission
+ for each completed transaction. Azure is not an escrow agent. As a result,
+ Azure does not guarantee the quality, safety or legality of many of the domain
+ names. Domain names listed may be withdrawn at any time by the seller or by
+ us. You acknowledge and agree that your transaction will be handled by Azure's
+ \u201CTransaction Assurance\u201D process. By using Azure's \u201CTransaction
+ Assurance\u201D process, you authorize Azure to perform tasks on your behalf
+ in order to complete the transaction. In these transactions, Azure acts as
+ a transaction facilitator to help you buy and sell domain names. Azure will
+ not use your funds for its operating expenses or any other corporate purposes,
+ and will not voluntarily make funds available to its creditors in the event
+ of bankruptcy or for any other purpose. You acknowledge Azure is not a bank
+ and the service is a payment processing service rather than a banking service.
+ You further acknowledge Azure is not acting as a trustee, fiduciary or escrow
+ with respect to your funds. In all transactions, where the domain name is
+ registered to us, domain names purchased through the Service may not be transferred
+ away from us to another registrar for a period of sixty (60) days following
+ the change of registrant date.
\\n \\n- \\n
Your Obligations.
Purchasing
+ Domain Names. As a Buyer, You are obligated to complete the transaction
+ if You purchase the domain name. You acknowledge that some listed domain names
+ may be subject to an additional registration fee. For those domain names,
+ the registration fee will be added to the price to form the purchase price.
+ You agree that by completing the transaction, You are responsible for payment
+ of the registration fee. We will obtain the funds first by the Payment Method
+ You have designated. If there are insufficient funds or invalid credit card
+ information, we may obtain the remaining funds by charging any Payment Method
+ You have on file.
Azure will remit payment of the full agreed upon
+ purchase price minus any commissions to the Seller after a prescribed period
+ of time after receiving funds from the Buyer, except in the event of a dispute
+ or where the payment is suspected to be fraudulent, as determined by Azure
+ in its sole and absolute discretion. At no time will You be able to withdraw
+ those funds or send the funds to another recipient unless the initial transaction
+ is canceled. Transfer of Registration Rights. We are not the registrant of
+ all of the domain names listed on the Site and cannot guarantee immediate
+ transfer. For domain names in which we are the registrant, transfer of registration
+ will begin upon completion of the check out procedure. Further, the transfer
+ by us of any domain name to a buyer is done without warranty and we expressly
+ waive any and all warranties or representations that a domain name does not
+ infringe upon the intellectual property rights of a third party. Any Domain
+ Ownership Protection service that is present on the domain will not prevent
+ you from listing the domain name and having the registration rights transferred
+ away from You. Azure is not responsible and disclaims all liability in the
+ event that the domain name transaction fails to complete due to breach by
+ either the Buyer or the Seller of its respective obligations. Buyer acknowledges
+ and agrees that Buyer does not obtain any rights in the registration of a
+ domain name until the transaction is complete.
Transfer of
+ Registration Rights. We are not the registrant of all of the domain
+ names listed on the Site and cannot guarantee immediate transfer. For domain
+ names in which we are the registrant, transfer of registration will begin
+ upon completion of the check out procedure. Further, the transfer by us of
+ any domain name to a buyer is done without warranty and we expressly waive
+ any and all warranties or representations that a domain name does not infringe
+ upon the intellectual property rights of a third party. Any Domain Ownership
+ Protection service that is present on the domain will not prevent you from
+ listing the domain name and having the registration rights transferred away
+ from You.
Azure is not responsible and disclaims all liability in the
+ event that the domain name transaction fails to complete due to breach by
+ either the Buyer or the Seller of its respective obligations. Buyer acknowledges
+ and agrees that Buyer does not obtain any rights in the registration of a
+ domain name until the transaction is complete.
Selling Domain
+ Names. As a Seller, You are obligated to complete the transaction
+ if the Buyer commits to purchase the domain at an agreed upon purchase price.
+ You authorize Azure to perform tasks on your behalf as part of its \u201CTransaction
+ Assurance\u201D process including making deposits. You must, at the time of
+ listing of Your domain name, establish a payee account.
After a fraud
+ holding period, if no fraud has been detected, payments for completed domain
+ name sales will be credited to your payee account and paid according to the
+ payment method selected in your payee account.
You hereby authorize
+ Azure to initiate and post (i) credit (positive) entries for payments to the
+ deposit account and (ii) debit (negative) entries to the deposit account to
+ reverse erroneous payments and/or make adjustments to incorrect payments.
+ You acknowledge and agree that the amount initiated and posted to the deposit
+ account will represent payment for domain names sold using the Services, less
+ any applicable fees and/or chargebacks. You acknowledge and agree that there
+ may be a delay of several days between the time that Azure initiates the payment
+ of proceeds and the time that the proceeds are actually posted to the deposit
+ account, and Azure expressly disclaims any liability or responsibility regarding
+ the same.
The authority granted to Azure by the deposit account owner
+ herein will remain in full force and effect until Azure has received written
+ notification from the deposit account owner that such authority has been revoked,
+ but in any event, such writing shall be provided in such a manner as to afford
+ Azure a reasonable opportunity to act on such revocation, or until Azure has
+ sent notice to terminate this Agreement. Azure will not release the domain
+ name to Buyer until receipt of confirmation that the funds have been verified.
\\n \\n
\\n\\n
+ \
Transfer Validation The transfer validation service
+ is provided to help You keep Your domain name secure. By choosing to use the
+ service, You are making an explicit and voluntary request to us to deny all
+ attempts to transfer Your domain name to another registrar, or to move Your
+ domain name to another account, unless You verify each request as described
+ herein. You will provide us with a contact name, phone number and PIN for
+ domain transfer validations. You will be contacted by us when a domain transfer
+ is requested for a domain name in Your account.
\\n
When we receive
+ a transfer request, we will call You to verify the transfer request. If we
+ cannot reach You with seventy-two (72) hours of receipt of the transfer request,
+ the transfer will be denied. If You do not provide the proper PIN, the transfer
+ will be denied. When we receive a change of account request, we will call
+ You to verify the change request. If we cannot reach You with seventy-two
+ (72) hours of receipt of the change request, the change will be denied. If
+ You do not provide the proper PIN, the change will be denied. Availability
+ of Services are subject to the terms and conditions of this Agreement and
+ each of our policies and procedures. We shall use commercially reasonable
+ efforts to attempt to provide certain portions of the Services on a twenty-four
+ (24) hours a day, seven (7) days a week basis throughout the term of this
+ Agreement and other portions of the service, during normal business hours.
+
\\n
You acknowledge and agree that from time to time the Services may
+ be inaccessible or inoperable for any reason, including, without limitation:
+ (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs
+ that we may undertake from time to time; or (iii) causes beyond the reasonable
+ control of us or that are not reasonably foreseeable by us, including, without
+ limitation, interruption or failure of telecommunication or digital transmission
+ links, hostile network attacks, network congestion or other failures. You
+ acknowledge and agree that we has no control over the availability of the
+ service on a continuous or uninterrupted basis.
\\n\\n
Total/Premium
+ DNS. Total DNS is a complete Domain Name System (\u201CDNS\u201D)
+ tool that allows you to manage your DNS and keep your website and web-based
+ applications available and performing reliably. The service is provided \u201Cas
+ is\u201D, \u201Cas available\u201D, and \u201Cwith all faults\u201D, and we
+ assume no liability or responsibility regarding the same.
\\n
In addition,
+ you specifically acknowledge and agree that we shall have no liability or
+ responsibility for any: \\r
\\n
\\r\\n- Service interruptions caused
+ by periodic maintenance, repairs or replacements of the Global Nameserver
+ Infrastructure (defined below) that we may undertake from time to time;
\\r\\n- Service
+ interruptions caused by you from custom scripting, coding, programming or
+ configurations;
\\r\\n- Service interruptions caused by you from the
+ installation of third-party applications;
\\r\\n- Service interruptions
+ that do not prevent visitors from accessing your website, but merely affect
+ your ability to make changes to your website, including but not limited to,
+ changes via mechanisms such as file transfer protocol (\u201CFTP\u201D)
+ and email; or
\\r\\n- Service interruptions beyond the reasonable control
+ of us or that are not reasonably foreseeable by us, including, but not limited
+ to, power outages, interruption or failure of telecommunication or digital
+ transmission links, hostile network attacks, network congestion or other failures.
\\r\\n
\\r\\n
Subject
+ to the provisions of Force Majeure below, we offer a service uptime guarantee
+ (\u201CService Uptime Guarantee\u201D) for paid services of 99.999%
+ availability (defined below). You shall receive service credits for any Outage
+ (defined below) of the service covered by the Service Uptime Guarantee. The
+ service credits shall be applied as extensions to the terms of the affected
+ Service. The Service Uptime Guarantee shall become effective fourteen (14)
+ days after your purchase of the Service covered by the Service Uptime Guarantee
+ to allow both parties time to properly configure and test the Service.
\\n\\n
+ \
Definitions. For the purposes of the Service
+ Uptime Guarantee, the following definitions shall apply: \\r
\\n
\\r\\n- \u201CGlobal
+ Nameserver Infrastructure\u201D: The group of systems (servers, hardware,
+ and associated software) that are responsible for delivering the Services.
+ The Global Nameserver Infrastructure does not include web-based user interfaces,
+ zone transfer mechanisms, update systems, or other customer-accessible data
+ access or manipulation methods.
\\r\\n- \u201C99.999% availability\u201D:
+ \ A guarantee that the Global Nameserver Infrastructure shall be available
+ to respond to DNS queries 99.999% of the time.
\\r\\n- \u201COutage\u201D:
+ \ A period in which the Global Nameserver Infrastructure did not maintain
+ 99.999% availability.
\\r\\n
\\n
Exclusions.
+ \ For the purposes of the Service Uptime Guarantee, downtime due to the following
+ events shall not be considered an Outage:
\\n
\\r\\n- Service interruptions
+ caused by \u201CRegularly Scheduled Maintenance\u201D, which shall
+ be defined as any maintenance performed on the Global Nameserver Infrastructure
+ of which customer is notified twenty-four (24) hours in advance. Email notice
+ of Regularly Scheduled Maintenance shall be provided to customer\u2019s designated
+ email address;
\\r\\n- Service interruptions caused by you from custom
+ scripting, coding, programming or configurations;
\\r\\n- Service interruptions
+ caused by you from the installation of third-party applications;
\\r\\n- Service
+ interruptions that do not prevent visitors from accessing your website, but
+ merely affect your ability to make changes to your website, including but
+ not limited to, changes via mechanisms such as file transfer protocol (\u201CFTP\u201D)
+ and email; or
\\r\\n- Service interruptions beyond the reasonable control
+ of us or that are not reasonably foreseeable by us, including, but not limited
+ to, power outages, interruption or failure of telecommunication or digital
+ transmission links, hostile network attacks, network congestion or other failures.
\\r\\n
\\r\\n
We,
+ in our sole and absolute discretion, shall determine whether an event shall
+ be considered an Outage.
\\n\\n
Remedies.
+ \ For the purposes of the Service Uptime Guarantee, when the customer becomes
+ aware of an Outage, the customer shall open a ticket with our technical support
+ services within five (5) calendar days of the Outage. If we determine that
+ an Outage did occur, then the customer shall receive a service credit in the
+ amount of two (2) months for any affected Services. The service credit shall
+ be applied as an extension to the term of the affected Services. A customer\u2019s
+ Account shall not be credited more than once per month under the Service Uptime
+ Guarantee. \\r
\\n
To qualify for a service credit, you must have a
+ current and valid subscription to the Services affected, and must have an
+ Account in good standing with us. Service credits will not apply to any charges
+ or Services other than the Services for which the Service Uptime Guarantee
+ was not met. Customers with subscriptions for more than one Service will
+ not receive credits for unaffected Services. The remedies set forth herein
+ shall be the sole and exclusive remedies if we do not meet the Service Uptime
+ Guarantee.
\\n
In the event either party is unable to carry out its material
+ obligations under this Agreement by reason of Force Majeure those obligations
+ will be suspended during the continuance of the Force Majeure, provided the
+ cause of the Force Majeure is remedied as quickly as practicable. The term
+ \u201CForce Majeure\u201D means any event caused by occurrences beyond
+ a party\u2019s reasonable control, including, but not limited to, acts of
+ God, fire or flood, war, terrorism, governmental regulations, policies or
+ actions enacted or taken subsequent to execution of this Agreement, or any
+ labor, telecommunications or other utility shortage, outage or curtailment.
\\n
If
+ your Services include Domain Name System Security Extensions (\u201CDNSSEC\u201D),
+ you will be able to secure your domain names with DNSSEC. DNSSEC is designed
+ to protect you from forged DNS data so \u201Chackers\u201D cannot direct visitors
+ to your website to a forged site.
\\n
DNSSEC works by
+ using public key cryptography. You acknowledge and agree that if the keys
+ do not match, a visitor\u2019s lookup of your website may fail (and result
+ in a \u201Cwebsite not found\u201D error) and we assume no liability or responsibility
+ regarding the same. In addition, DNSSEC responses are authenticated, but
+ not encrypted. You acknowledge and agree that DNSSEC does not provide confidentiality
+ of data, and we assume no liability or responsibility regarding the same.
\\n
We
+ prohibit the running of a public recursive DNS service on any server. All
+ recursive DNS servers must be secured to allow only internal network access
+ or a limited set of IP addresses. We actively scan for the presence of public
+ recursive DNS services and reserves the right to remove any servers from the
+ network that violate this restriction.
\\n\\n
Full
+ Domain Protection. The Full Domain Protection service generally allows
+ You to: \\r
\\n
\\n- replace your personal details in the WHOIS Directory
+ with the details of Domains By Proxy;
\\n- set up a private email address
+ for each domain name that you can forward, filter or block; and
\\n- lock
+ your domain name in your account.
\\n
\\n
The Full Domain Protection
+ service features are intended to: prevent domain-related spam; protect your
+ identity from third-parties; and add a higher level of security through 2-Step
+ Verification to disallow most accidental or malicious domain name transfers.
+ As set forth in Section 2(xi) of this Agreement, You acknowledge and agree
+ that you may not be permitted to purchase private or proxy TLD registrations
+ in certain markets, countries and territories or for certain TLDs. Your purchase
+ and use of Full Domain Protection is also subject to and governed by the terms
+ of the Domain Name Proxy Agreement.
\\n\\n
Ultimate
+ Domain Protection (also called Full Domain Privacy and Protection).
+ The Ultimate Domain Protection service generally allows You to:
\\n
\\n- replace
+ your personal details in the WHOIS Directory with the details of Domains By
+ Proxy;
\\n- set up a private email address for each domain name that
+ you can forward, filter or block;
\\n- prevent accidental loss of a
+ domain name due to an expired credit card or invalid payment method when domain
+ is set on auto-renew; and
\\n- lock your domain name in your account.
+
\\n
\\n
The Ultimate Domain Protection service features are intended
+ to: prevent domain-related spam; protect your identity from third-parties;
+ and add a higher level of security through 2-Step Verification to disallow
+ most accidental or malicious domain name transfers.. As set forth in Section
+ 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted
+ to purchase private or proxy TLD registrations in certain markets, countries
+ and territories or for certain TLDs. Your purchase and use of Ultimate Domain
+ Protection is also subject to and governed by the terms of the Domain
+ Name Proxy Agreement.
\\n\\n
Ultimate Domain Protection
+ & Security. The privacy and business protection service includes
+ all the features of Full Domain Privacy and Protection, plus the service generally
+ allows You to: (i) prevent accidental loss of a domain name due to an expired
+ credit card or invalid payment method when domain is set on auto-renew; (ii)
+ lock your domain name in your account; and (iii) activate Website Security
+ Basic. The privacy and business protection service features are intended to:
+ prevent domain-related spam; protect your identity from third-parties; plus
+ add a higher level of security through 2-Step Verification to disallow most
+ accidental or malicious domain name transfers;; and provide domain name protection
+ through Website Security Basic. As set forth in Section 2(xi) of this Agreement,
+ You acknowledge and agree that you may not be permitted to purchase private
+ or proxy TLD registrations in certain markets, countries and territories or
+ for certain TLDs. Your purchase and use of Ultimate Domain Protection &
+ Security is also governed by terms of the Domain
+ Name Proxy Agreement and Website
+ Security Terms of Use
\\n
Trademark Keeper (Beta)
+ Trademark Keeper is a free beta feature of your domain that (i) automatically
+ captures a record of Your homepage including any trademarks on that homepage
+ quarterly (\u201CScreen Capture(s)\u201D), and (ii) timestamps and records
+ proof of the Screen Capture(s) using blockchain technology to ensure that
+ the record is secure. Trademark Keeper also allows You to identify up to three
+ (3) individual trademarks to help You catalog Your brand assets in Your dashboard.
+ Trademark Keeper stores the Screen Capture(s) on servers provisioned by Azure
+ but does not analyze, modify or edit the Screen Capture(s). Trademark Keeper
+ stores a digital signature of the Screen Captures on a blockchain proving
+ the Screen Captures\u2019 existence at a certain time, but does not store
+ the Screen Capture itself on the blockchain. You may request a report that
+ shows a historical record of Screen Captures that have been captured by Trademark
+ Keeper. At any time, You may opt out of Trademark Keeper and delete the historical
+ record of Screen Captures. Your Screen Captures will be deleted 24 hours after
+ You disable the \u201CKeep My Data\u201D function. If you re-enable this function
+ within 24 hours, your Screen Captures may be restored. Azure may discontinue
+ the Beta feature at any time and for any reason.
\\n
YOU ACKNOWLEDGE THAT YOUR USE OF TRADEMARK KEEPER DOES NOT
+ RESULT IN AN \u201COFFICIAL\u201D TRADEMARK REGISTRATION WITH A GOVERNMENTAL
+ TRADEMARK OFFICE. YOU ACKNOWLEDGE THAT TRADEMARK KEEPER IS NOT A LEGAL SERVICE
+ AND YOU SHOULD CONSULT A TRADEMARK ATTORNEY FOR ADVICE ON HOW TO BEST PROTECT
+ YOUR TRADEMARK RIGHTS. Azure MAKES NO REPRESENTATIONS OR WARRANTIES WITH REGARDS
+ TO ANY MATTER INCLUDING THE ADMISSIBILITY OF THE SCREEN CAPTURES OR RECORDS
+ CAPTURED THROUGH TRADEMARK KEEPER.
\\n\\n
12.
+ PRE-REGISTRATIONS\\n\\n
If you submit an application
+ for pre-registration of a domain name, Azure does not guarantee that the name
+ will be secured for you, or that you will have immediate access to the domain
+ name if secured. Azure may use third-party service providers for the pre-registration
+ services.
\\n
13. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS\\n\\n
+ \
Domain Name Dispute Policy. If you reserved or registered
+ a .BIZ domain name through us, in addition to our Dispute Resolution Policy,
+ you hereby acknowledge that you have read and understood and agree to be bound
+ by the terms and conditions of the Restrictions
+ Dispute Resolution Policy applicable to the .biz TLD.
\\n
The
+ RDRP sets forth the terms under which any allegation that a domain name is
+ not used primarily for business or commercial purposes shall be enforced on
+ a case-by-case basis by an independent ICANN-accredited dispute provider.
+ Registry Operator will not review, monitor, or otherwise verify that any particular
+ domain name is being used primarily for business or commercial purposes or
+ that a domain name is being used in compliance with the SUDRP or UDRP processes.
\\n
+ \
One Year Registration. If you are registering a
+ .BIZ domain name and you elect to take advantage of special pricing applicable
+ to one-year registrations, we will automatically renew your domain name for
+ an additional one-year period at the end of the first year term by taking
+ payment from the Payment Method you have on file, unless you notify us that
+ you do not wish to renew. You will be notified and given the opportunity to
+ accept or decline the one-year renewal prior to your domain name expiration
+ date. In the event you decide not to renew your one-year .BIZ domain name
+ for a second year, your domain name registration will automatically revert
+ back to us and we will gain full rights of registration to such domain name.
+ You agree that if you delete or transfer your .BIZ domain name during the
+ first year, you will automatically be charged the second year renewal fees.
\\n
+ \
14. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS\\n\\n
+ \
One Year Registration. If you are registering a
+ .INFO domain name and you elect to take advantage of special pricing applicable
+ to one-year registrations, we will automatically renew your domain name for
+ an additional one-year period at the end of the first year term by taking
+ payment from the Payment Method you have on file, unless you notify us that
+ you do not wish to renew. You will be notified and given the opportunity to
+ accept or decline the one-year renewal prior to your domain name expiration
+ date. In the event you decide not to renew your one-year .INFO domain name
+ for a second year, your domain name registration will automatically revert
+ back to us and we will gain full rights of registration to such domain name.
+ You agree that if you delete or transfer your .INFO domain name during the
+ first year, you will automatically be charged the second year renewal fees.
\\n
+ \
15. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS\\n\\n
+ \
Defensive Registration. A Defensive Registration
+ is a registration designed for the protection of trademarks and service marks
+ and may be granted to prevent a third party from registering a variation of
+ a trademark or the exact trademark. If the name you wish to register is subject
+ to a Defensive Registration, you have three (3) options: (i) you may register
+ a variation of the name, (ii) you may challenge the Defensive Registration
+ under the Eligibility
+ Requirements Dispute Resolution Policy, or (iii) you may request Consent
+ from the Defensive Registrant. You can request Consent by contacting the Defensive
+ Registrant listed in the GNR Whois Directory and requesting consent to register
+ the .NAME domain name. If the Defensive Registrant grants consent, they must
+ confirm in writing that they grant consent. If the Defensive Registrant does
+ not grant consent, you may wish to challenge the Defensive Registration under
+ the ERDRP.
\\n
Acceptable Use Policy. You agree
+ to be bound by the .NAME
+ Acceptable Use Policy, which is hereby incorporated by reference. Among
+ other limitations, this policy prohibits you from using your .NAME Email to
+ engage in Spamming activities. You will be limited to a maximum of five hundred
+ (500) messages sent from your .NAME at a time.
\\n
16.
+ PROVISIONS SPECIFIC TO .REISE REGISTRATIONS\\n\\n
Domain
+ Names registered in .REISE should be used for purposes dedicated to travel
+ topics within six months following initial Registration, e.g. utilized on
+ the Internet or otherwise used to perform a function.
\\n
17.
+ PROVISIONS SPECIFIC TO .SEXY REGISTRATIONS\\n\\n
You
+ shall not permit content unsuitable for viewing by a minor to be viewed from
+ the main or top-level directory of a .SEXY domain name. For purposes of clarity,
+ content viewed at the main or top-level directory of a .SEXY domain name is
+ the content immediately visible if a user navigates to http://example.sexy
+ or http://www.example.sexy. No restrictions apply to the content at any other
+ page or subdirectory addressed by a .SEXY Registered Name.
\\n
18.
+ COUNTRY CODE TOP LEVEL DOMAINS\\n\\n
You represent
+ and warrant that you meet the eligibility requirements of each ccTLD you apply
+ for. You further agree to be bound by any registry rules, policies, and agreements
+ for that particular ccTLD. These may include, but are not limited to, agreeing
+ to indemnify the ccTLD provider, limiting the liability of the ccTLD provider,
+ and requirements that any disputes be resolved under that particular country's
+ laws.
\\n
(A) PROVISIONS SPECIFIC TO .AU REGISTRATIONS
\\n.au Registrations (to include .au, com.au, net.au and org.au) are governed
+ by the following additional terms and conditions:
\\n
auDA. auDA
+ means .au Domain Administration Limited ACN 079 009 340, the .au domain names
+ administrator. The Registrar acts as agent for auDA for the sole purpose,
+ but only to the extent necessary, to enable auDA to receive the benefit of
+ rights and covenants conferred to it under this Agreement. auDA is an intended
+ third party beneficiary of this agreement.
\\n
\\nauDA Published
+ Policy. auDA Published Policies means those specifications and policies
+ established and published by auDA from time to time at https://www.auda.org.au.
+ \ You must comply with all auDA Published Policies, as if they were incorporated
+ into, and form part of, this Agreement. In the event of any inconsistency
+ between any auDA Published Policy and this Agreement, then the auDA Published
+ Policy will prevail to the extent of such inconsistency. You acknowledge
+ that under the auDA Published Policies: (1) there are mandatory terms and
+ conditions that apply to all domain names; (2) licences, and such terms and
+ conditions are incorporated into, and form part of, this Agreement; (3) You
+ are bound by, and must submit to, the .au Dispute Resolution Policy; and (4)
+ auDA may delete or cancel the registration of a .au domain name.
\\n
\\nauDA's Liabilities and Indemnity. To the fullest extent permitted
+ by law, auDA will not be liable to Registrant for any direct, indirect, consequential,
+ special, punitive or exemplary losses or damages of any kind (including, without
+ limitation, loss of use, loss or profit, loss or corruption of data, business
+ interruption or indirect costs) suffered by Registrant arising from, as a
+ result of, or otherwise in connection with, any act or omission whatsoever
+ of auDA, its employees, agents or contractors. Registrant agrees to indemnify,
+ keep indemnified and hold auDA, its employees, agents and contractors harmless
+ from all and any claims or liabilities, arising from, as a result of, or otherwise
+ in connection with, Registrant's registration or use of its .au domain name.
+ Nothing in this document is intended to exclude the operation of Trade Practices
+ Act 1974.
\\n\\n
(B) PROVISIONS SPECIFIC TO
+ .CA REGISTRATIONS
\\nYou acknowledge and agree that registration
+ of your selected domain name in your first application to CIRA shall not be
+ effective until you have entered into and agreed to be bound by CIRA's Registrant
+ Agreement.
\\n
\\nCIRA Certified Registrar. The
+ registrar shall immediately give notice to you in the event that it is no
+ longer a CIRA Certified Registrar, has had its certification as a CIRA Certified
+ Registrar suspended or terminated, or the Registrar Agreement between CIRA
+ and the Registrar is terminated or expires. CIRA may post notice of such suspension,
+ termination, or expiry on its website and may, if CIRA deems appropriate,
+ give notice to the registrants thereof. In the event that the registrar is
+ no longer a CIRA Certified Registrar, has had its certification as a CIRA
+ Certified Registrar suspended or terminated or in the event the Registrar
+ Agreement between CIRA and the Registrar is terminated or expires, you shall
+ be responsible for changing your Registrar of Record to a new CIRA Certified
+ Registrar within thirty (30) days of the earlier of notice thereof being given
+ to you by (i) the Registrar or (ii) CIRA in accordance with CIRA's then current
+ Registry PRP; provided, however, that if any of your domain name registrations
+ are scheduled to expire within thirty (30) days of the giving of such notice,
+ then you shall have thirty (30) days from the anniversary date of the registration(s),
+ to register with a new CIRA certified registrar and to renew such domain name
+ registration(s) in accordance with the Registry PRP.
\\n
\\nYou
+ acknowledge and agree that should there be insufficient funds prepaid by the
+ registrar in the CIRA Deposit Account to be applied in payment of any fees,
+ CIRA may in its sole discretion stop accepting applications for domain name
+ registrations from the registrar, stop effecting registrations of domain names
+ and transfers, renewals, modifications, and cancellations requested by the
+ registrar and stop performing other billable transactions requested by the
+ registrar not paid in full and CIRA may terminate the Registrar Agreement
+ between CIRA and the Registrar.
\\n
\\n.CA ASCII and IDN
+ domain variants are bundled and reserved for a single registrant.
+ \ Registrants are not required to register all variants in a bundle, but all
+ registered variants must be registered and managed at a single registrar.
+ Each variant registered will incur a registration fee. In addition, when
+ registering multiple .CA domain (ASCII and IDN) variants in a bundle, your
+ registrant information must be identical. If variants
+ are registered at other registrars or if registrant information does not match,
+ it may result in an "unavailable" search result, delayed or failed
+ registration. If information does not match, validation is required and may
+ take up to seven business days and delay availability of domain.
\\n\\n
+ \
(C) PROVISIONS SPECIFIC TO .CN REGISTRATIONS
\\n.CN is a restricted TLD \u2013 applications are subject to both a domain
+ name check and real name verification as required
+ by the People\u2019s Republic of China. Registrations in .CN are therefore
+ subject to the following additional terms:
\\n
Verification, Registration
+ and Activation. If a domain name is not permitted to be registered
+ by the Chinese government, as determined by us, the Registry Operator and/or
+ a 3rd party provider utilized for such services and determinations, in either
+ party\u2019s discretion, the application for registration will not be successful.
+ \ In such event, the name will be deleted and you will be eligible for a refund
+ as further described below.
\\n
If permitted, then the Registration may
+ proceed, but a .CN domain name may not be activated (i.e., it will not resolve
+ in the Internet) unless and until you have submitted (via
+ the process described during registration) valid documents required of us
+ and the Registry to perform real name verification. The following are acceptable
+ forms of documents for the purpose of verification:\\r\\n
\\n
- China:
+ Resident ID, temporary resident ID, business license or organization code
+ certificate
\\r\\n\\r\\n- Hong Kong/Macau: Resident ID, driver\u2019s
+ license, passport or business license
\\r\\n\\r\\n- Singapore: Driver\u2019s
+ license, passport or business license
\\r\\n\\r\\n- Taiwan: Resident
+ ID, driver\u2019s license or business license
\\r\\n\\r\\n- Other Countries/Regions:
+ Driver\u2019s license or passport
\\r\\n
Documents submitted to
+ us are used by us and shared with the Registry solely for the purpose of real
+ name verification, and are otherwise subject to our Privacy
+ Policy. By registering a .CN domain, you expressly agree that your data
+ may be stored on servers in the U.S., or otherwise outside of the People's
+ Republic of China.
\\n
Refunds. Refunds for .CN Registrations
+ will only be allowed where (i) registration of the applied for domain name
+ is not permitted by the Chinese government; or (ii) you notify us of your
+ intent to cancel for any reason within the first five (5) days after the Registration
+ (i.e., after it is deemed permissible by the Chinese government). For the
+ avoidance of doubt, refunds will not be permitted under any circumstances
+ after five (5) days from the date of Registration, including, for example,
+ in the event real name verification is not successful or if the Chinese government
+ determines after Registration that the domain name should not have been registered
+ (and directs us to delete).
\\n\\n
(D) PROVISIONS
+ SPECIFIC TO .JP REGISTRATIONS
\\nRegistration
+ Restrictions. You represent and warrant that you have a local presence
+ in Japan with a home or office address. You agree that certain domain names
+ are reserved and can only be registered by certain parties. These include:
+ (i) TLDs, other than ccTLDs, as determined by ICANN; (ii) geographical-type
+ .JP domain names that are defined as metropolitan, prefectural, and municipal
+ labels; (iii) names of primary and secondary educational organizations; (iv)
+ names of organizations related to Internet management; (v) names required
+ for .JP domain name operations; and (vi) character strings which may be confused
+ with ASCII-converted Japanese domain names. The complete list of .JP Reserved
+ Domains is available here.
+
\\n\\n
19. PROVISIONS SPECIFIC TO LEASE TO
+ OWN\\n\\n
The following additional Terms apply
+ with respect to Lease to Own Services (the \u201CLTO Services\u201D) provided
+ by Azure, to you.
\\n
(A) Definitions:
\\n
\\n- LTO
+ Domain: a domain name that you purchase from Azure through the Site
+ with an agreement to pay over time.
\\n- LTO Term:
+ the period agreed between Azure and Buyer during which Buyer will have access
+ to the DNS and will make monthly payments to Azure.
\\n- Service
+ Fee: fee owed by Buyer to Azure for the Services provided by Azure
+ during the LTO Term, including, but not limited to, renewing the LTO Domain,
+ providing administrative services related to the management of the LTO Domain,
+ forwarding correspondence, etc.
\\n
\\n\\n
(B)
+ Description of Services.
\\n
The LTO Services are provided
+ to facilitate the buying and selling of currently registered domain names
+ through payments over time, and not the purchase or sale of associated website
+ content.
\\n
As Buyer, you agree to purchase the LTO Domain from Azure.
+ During the LTO Term, Azure will make the DNS for the LTO Domain available
+ to Buyer. You are required to deposit the mutually agreed-upon price and Buyer\u2019s
+ Service Fee, as established by Azure, as soon as practical after you agree
+ to the purchase price, but in no event later than five (5) business days.
+ At no time will Buyer be able to withdraw those funds or send the funds to
+ another recipient unless the initial transaction is cancelled. You agree that
+ Azure is not responsible for breach of contract based upon a failure to transfer
+ the LTO Domain to Buyer after the first payment is deposited. In the event
+ that Azure is unable to make the LTO Domain Name DNS available to Buyer after
+ the first installment payment, Azure shall return any funds provided by buyer
+ for the purchase of the LTO Domain Name as soon as commercially reasonably
+ possible.
\\n\\n
(C) Fees and Payment.
\\n
You
+ are responsible for paying the monthly payment related to your LTO Domain
+ plus any applicable Service Fee.
\\n
Any commissions may be subtracted
+ from the payment, instalment payment or rental payment and, if these payments
+ are not sufficient, from the subsequent payments. In the event that the domain
+ name is purchased in instalments or rented, the commission subtracted will
+ be limited to the secured instalment or rent payment (e.g.: if the commission
+ is 25%, and the instalment price $100, the Azure only subtracts $25 from the
+ payout of the Seller for each instalment.)
\\n\\n
(D)
+ Your Additional Obligations.
\\n
- Buyer agrees to use the
+ LTO Domain only in accordance with any applicable laws and/or regulations,
+ and with all duty and care. For the avoidance of doubt, Buyer is prohibited
+ from using the LTO Domain in a manner (as determined by Azure in its sole
+ and absolute discretion) that:
- in breach of any applicable law,
+ statute, or regulation;
- is fraudulent, criminal or unlawful;
- promotes
+ racism, bigotry, hatred or physical harm of any kind against any group or
+ individual;
- infringes or breaches the patent, copyright, trademark,
+ trade secret, right of publicity or other intellectual property) rights of
+ any third party;
- contains video, audio photographs, or images of another
+ person without his or her permission (or in the case of a minor, the minor's
+ legal guardian\u2019s permission);
- provides information on any illegal
+ activity (including, but not limited to, instructional information on acquiring
+ or fabricating illegal weapons or drugs, privacy violations or distributing
+ computer viruses);
- publicizes or promotes commercial activities an/or
+ sales without our prior written consent such as contests, sweepstakes, barter,
+ advertising, and pyramid schemes; or
- involves the use, delivery or
+ transmission of any viruses, harmful code, unsolicited emails, Trojan horses
+ or any other computer programming routines that are intended to disrupt, damage,
+ detrimentally interfere with, surreptitiously intercept or expropriate any
+ system, data or personal information.
- Buyer acknowledges
+ and agrees not to engage in any activity with the LTO Domain or using the
+ LTO Services that would decrease the value of the LTO Domain. Such activities
+ include, but are not limited to, the use of aggressive SEO strategies, techniques
+ and tactics that focus only on search engines and not a human audience, and
+ usually does not obey search engines guidelines (black hat SEO), such as keyword
+ stuffing, invisible text, doorway pages, adding unrelated keywords to the
+ page content or page swapping (changing the webpage entirely after it has
+ been ranked by search engines), and the use of the domain name for spam activities.
- Buyer
+ may not grant any third party any rights to the LTO Domain, including any
+ right to use the LTO Domain.
- \\tBuyer agrees to protect, defend, indemnity
+ and hold harmless Azure and its officers, directors, employees, agents and
+ third party service providers from and against any and all claims, demands,
+ costs, expenses, losses liabilities and damages of every kind and nature (including,
+ without limitation, reasonable attorneys\u2019 fees) imposed upon or incurred
+ by Azure directly or indirectly arising from (i) your use of the LTO Services;
+ (ii) your violation(s) of any provision of this Agreement; and/or (iii) your
+ violation of any third party right, including without limitation any intellectual
+ property or other proprietary right. This indemnification obligation shall
+ survive any termination or expiration of this Agreement or your use of the
+ LTO Services.
\\r\\n\\n
E. Azure\u2019s Rights.
\\n
- Azure
+ may terminate your use of the LTO Services for any violation or breach of
+ any of the terms of this Agreement by you. Any such termination will not entitle
+ you to any refund of payments already made to Azure for any LTO Services or
+ Service Fee, and you will lose any and all access to the applicable LTO Domain.
- If
+ the LTO Services are terminated, Azure reserves the right to sell the LTO
+ Domain to any party, including potential competitors of Buyer. Azure shall
+ have no ongoing obligation to Buyer related to the LTO Domain.
- The
+ parties acknowledge and agree that the Azure is not a payment provider and
+ that Azure does not make any warranties in that respect. In order to effectuate
+ the transfer of payments, Azure uses the services of a third party payment
+ provider. The terms and conditions of the third party payment provider shall
+ apply to such payments.
\\r\\n\\n
F. Remedies
+ and Right to Cancel.
\\n
Without limiting any other remedies
+ available to Azure, if:
\\n
- You breach this Agreement, or
+ any document incorporated by reference;
- Azure determines your actions
+ may pose a risk to Azure or its members;
- Azure determines your use
+ of the Services infringes on the intellectual property or legal rights of
+ others.
\\r\\n
Azure may immediately:
\\n
- Warn
+ its members of your actions;
- Place a hold on any pending transactions
+ associated with your account(s);
- Limit funding sources and payments;
- Limit
+ your access to your account(s) or to any functionality of your account(s);
+ or
- Indefinitely suspend or close your account(s) and refuse to provide
+ our Services to you.
\\n
In addition, Azure reserves
+ the right to hold funds beyond normal distribution periods for transactions
+ it deems suspicious or for account(s) conducting high transaction volumes
+ to ensure integrity of the funds. If Azure closes your account(s), Azure will
+ provide notice and pay you all of the unrestricted funds in your account(s)
+ due to you.
\\n\\n
\\n
\\n Azure - DOMAIN
+ NAME PROXY AGREEMENT\\n
\\n
\\n
+ \ Last Revised: 9/26/2023\\n
\\n\\n
PLEASE READ THIS
+ AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL
+ RIGHTS AND REMEDIES.
\\n
The Universal Terms of Service Agreement sets
+ forth the general terms and conditions of your use of the Site and the Services.
+ This Domain Name Proxy Agreement (this \u201CService Agreement\u201D)
+ governs your use of Azure\u2019s domain privacy related services (\u201CDBP
+ Services\u201D). Capitalized terms used in this Service Agreement,
+ but not defined, are defined in the Universal Terms of Service Agreement.
+
\\n
You further agree to abide by the terms and conditions promulgated
+ by the Internet Corporation for Assigned Names and Numbers ("ICANN")
+ (including the Uniform Domain Name Dispute Resolution Policy ("Dispute
+ Resolution Policy") and Your Registrar (i.e., the ICANN-accredited
+ person or entity through which You register a domain name).
\\n\\n
+ \
1. Description
+ of Azure's Private Registration Services \\n\\n
When
+ You subscribe to Azure's private registration service through a Azure-affiliated
+ Registrar, Azure will display its contact information in the publicly available
+ "Whois" directory in place of Your information. Azure shall keep
+ Your name, postal address, email address, phone and fax numbers confidential,
+ subject to Section 4 of this Agreement. The following information (and not
+ Your personal information) will be made publicly available in the "Whois"
+ directory as determined by ICANN policy: \\r
\\n
\\r\\n- Azure's
+ name as the proxy Registrant of the domain name and a proxy email address,
+ phone number and postal address for the proxy Registrant's contact information;
+ \ \\r\\n- A proxy postal address and phone number for the domain name registration's
+ technical contact;
\\r\\n- A proxy email address, postal address and
+ phone number for the domain name registration's administrative contact;
+ \ \\r\\n- A proxy email address, postal address and phone number for the
+ domain's name registration's billing contact;
\\r\\n- The primary
+ and secondary domain name servers You designate for the domain name;
+ \ \\r\\n- The domain name's original date of registration and expiration
+ date of the registration; and
\\r\\n- The identity of the Registrar.
\\r\\n
\\r\\n\\n
+ \
2 . FULL BENEFITS OF COMAIN REGISTRATION RETAINED
+ BY YOU \\n\\n
Although Azure will show in the "Whois"
+ directory as the Registrant of each domain name registration You designate,
+ You will retain the full benefits of domain name registration with respect
+ to each such domain name registration, including, subject to Section 4 below:
+
\\n
\\r\\n- The right to sell, transfer or assign each domain
+ name registration, which shall require cancellation of the DBP Services associated
+ with each such domain name registration;
\\r\\n- The right to control
+ the use of each domain name registration, including designating the primary
+ and secondary domain name servers to which each domain name points;
\\r\\n- The
+ right to cancel each domain name registration;
\\r\\n- The right to
+ cancel the DBP Services associated with each domain name registration and/or
+ Your privacy services with Azureso that Your contract information is listed
+ in the \\\"Whois\\\" directory; and
\\r\\n- The right to renew each
+ domain name registration upon its expiration, subject to Your Registrar's
+ applicable rules and policies.
\\r\\n
\\r\\n\\n
3
+ . PERSONAL INFORMATION AND YOUR NOTIFICATION OBLIGATIONS; REPRESENTATION AND
+ WARRANTIES; ACCOUNT SECURITY \\n\\n
Personal
+ Information and Your Notification Obligations \\r
\\n
You agree
+ that for each domain name for which you use DBP Services, You will provide
+ accurate and current information as to: \\r
\\n
- Your name,
+ the email address, postal address, phone and fax numbers for the domain name
+ registration's Registrant contact;
- The email address, postal address,
+ phone and fax numbers for the domain name registration's technical contact;
- The
+ email address, postal address, phone and fax numbers for the domain name registration's
+ administrative contact;
- The email address, postal address, phone and
+ fax numbers for the domain name registration's billing contact; and
- You
+ agree to provide government issued photo identification and/or government
+ issued business identification as required for verification of identity when
+ requested.
\\r\\n
You agree to: \\r
\\n
- Notify Azurewithin three (3) calendar days when any of the personal
+ information You provided upon subscribing to DBP Services, changes;
- Respond
+ within three (3) calendar days to any inquiries made by Azure to determine
+ the validity of personal information provided by You; and
- Timely respond
+ to email messages Azure sends to You regarding correspondence Azure has received
+ that is either addressed to or involves You and/or Your domain name registration,
+ as more fully set forth in Section 5(c) below.
- To allow Azure to act
+ as your Designated Agent (as that term is defined below) in instances when
+ DBP Services are added to or cancelled from your domain name and for the purpose
+ of facilitating a change of registrant request (as further described below).
- As
+ required by ICANN or for certain ccTLDs (.ag, .am, .at, .au, .be, .ca, .cl,
+ .cn, .de, .dk, .es, .fi, .fm, .fr, .gg, .gr, .gs, .in, .it, .jp, .kr, .ms,
+ .my, .nl, .no, .nu, .ph, .pl, .pt, .ru, .sc, .se, .sg, .tc, .tk, .tw, .us,
+ .vg, .co.nz, .net.nz, .org.nz, .com.tw, .org.tw, .idv.tw, .com.cn, .net.cn,
+ .org.cn, .jobs, .eu, .com.ag, .net.ag, .org.ag, .com.pl, .net.pl, .org.pl,
+ .biz.pl, .info.pl, .com.sc, .net.sc, .org.sc, .com.au, .net.au, .com.br, .co.jp,
+ .com.sg, .com.ph, .co.za, .co.in, .com.pt, .org.au, .net.in, .org.in, .firm.in,
+ .gen.in, .ind.in, .com.my, .gov.co, .com.es, .com.ve, .org.ve, .com.gr, .net.my,
+ .nom.es, .org.es, .net.br, .org.co, .co.kr, .org.my, .com.ru, .net.ru, .org.ru,
+ .co.ve, .info.ve, .net.ve, .web.ve, .ne.kr, .net.ph, .org.ph, .nyc, .vote,
+ .law, .blackfriday, .hiv, .tattoo, .voto, .pics, .sydney, .flowers, .lol,
+ .amsterdam, .hiphop, .juegos, .link, .guitars, .gift, .click, .nrw, .property,
+ .diet, .help, .sexy, .mom, .audio, .game, .christmas, .photo, .hosting, .melbourne,
+ .re.kr), we are restricted/prohibited from using Domains By Proxy (i.e., Private
+ or Proxy data) for domains under these TLDs. Your information may be made
+ publicly available by the registry operator via Whois or its successor protocol
+ (collectively referred to as the \u201CWhois\\\" Directory) that is beyond,
+ and not subject to, Azure's control.
\\r\\n
It is Your responsibility
+ to keep Your personal information current and accurate at all times.
\\n\\n
+ \
Renewals
\\n
\\nYou agree Azure will
+ arrange for Your Registrar to charge the credit card You have on file with
+ the Registrar, at the Registrar's then current rates.
\\n
\\nIf
+ for any reason Azure and/or the Registrar for Your domain name is unable to
+ charge Your credit card for the full amount of the service provided, or if
+ Azure and/or the Registrar is charged back for any fee it previously charged
+ to the credit card You provided, You agree that Azure and/or the Registrar
+ may, without notice to You, pursue all available remedies in order to obtain
+ payment, including but not limited to immediate cancellation of all services
+ Azure provides to You.
\\n\\n
Representations
+ and Warranties
\\n
\\nYou warrant that all information
+ provided by You to Azure is truthful, complete, current and accurate. You
+ also warrant that You are using Azure's private registration services in good
+ faith and You have no knowledge of Your domain name infringing upon or conflicting
+ with the legal rights of a third party or a third party's trademark or trade
+ name. You also warrant the domain name being registered by Azure on Your behalf
+ will not be used in connection with any illegal activity, or in connection
+ with the transmission of Spam, or that contains or installs any viruses, worms,
+ bugs, Trojan horses or other code, files or programs designed to, or capable
+ or, disrupting, damaging or limiting the functionality of any software or
+ hardware.
\\n\\n
Account Security \\r
\\n
You
+ agree You are entirely responsible for maintaining the confidentiality of
+ Your customer number/login ID and password ("Account Access Information").
+ \ You agree to notify Azure immediately of any unauthorized use of Your account
+ or any other breach of security. You agree Azure will not be liable for any
+ loss that You may incur as a result of someone else using Your Account Access
+ Information, either with or without Your knowledge. You further agree You
+ could be held liable for losses incurred by Azure or another party due to
+ someone else using Your Account Access Information. For security purposes,
+ You should keep Account Access Information in a secure location and take precautions
+ to prevent others from gaining access to Your Account Access Information.
+ \ You agree that You are entirely responsible for all activity in Your account,
+ whether initiated by You, or by others. Azure specifically disclaims liability
+ for any activity in Your account, regardless of whether You authorized the
+ activity.
\\n\\n
Designated Agency and Change
+ of Registrant Information
\\n
\\n\u201CDESIGNATED AGENT\u201D
+ MEANS AN INDIVIDUAL OR ENTITY THAT THE PRIOR REGISTRANT OR NEW REGISTRANT
+ EXPLICITLY AUTHORIZES TO APPROVE A CHANGE OF REGISTRANT REQUEST ON ITS BEHALF.
+ \ IN THE CASE OF DBP SERVICES, A CHANGE OF REGISTRANT REQUEST MAY ALSO ARISE
+ DUE TO INSTANCES WHERE DBP SERVICES ARE ADDED, OR REMOVED, FROM A DOMAIN NAME.
+ \ FOR THE PURPOSE OF FACILITATING ANY SUCH CHANGE REQUEST, AND IN ACCORDANCE
+ WITH ICANN'S CHANGE
+ OF REGISTRANT POLICY, YOU AGREE TO APPOINT Azure AS YOUR DESIGNATED AGENT FOR THE SOLE PURPOSE
+ OF EXPLICITLY CONSENTING TO MATERIAL CHANGES OF REGISTRATION CONTACT INFORMATION
+ ON YOUR BEHALF.
\\n\\n
4 . Azure's
+ Rights to Deny, Suspend, Terminate Service and to Disclose Your Personal Information
+ \\n\\n
You understand and agree that Azure has the absolute right
+ and power, in its sole discretion and without any liability to You whatsoever,
+ to:
- Cancel the privacy service (which means that Your information
+ will be available in the "Whois" directory) and/or reveal Your name
+ and personal information that You provided to Azure
- When required
+ by law, in the good faith belief that such action is necessary in order to
+ conform to the edicts of the law or in the interest of public safety;
- To
+ comply with legal process served upon Azure or in response to a reasonable
+ threat of litigation against Azure (as determined by Azure in its sole and
+ absolute discretion); or
- To comply with ICANN rules, policies, or
+ procedures.
- Resolve any and all third party claims, whether
+ threatened or made, arising out of Your use of a domain name for which Azure
+ is the registrant listed in the "Whois" directory on Your behalf;
+ or
- Take any other action Azure deems necessary:
- In the
+ event you breach any provision of this Agreement or the Azure Anti-Spam Policy;
- To
+ protect the integrity and stability of, and to comply with registration requirements,
+ terms, conditions and policies of, the applicable domain name Registry and/or
+ Registry Provider;
- To comply with any applicable laws, government
+ rules or requirements, subpoenas, court orders or requests of law enforcement;
- To
+ comply with ICANN's Dispute Resolution Policy or ICANN's Change of Registrant
+ Policy;
- To avoid any financial loss or legal liability (civil or criminal)
+ on the part of Azure, its parent companies, subsidiaries, affiliates, shareholders,
+ agents, officers, directors and employees;
- If the domain name for
+ which Azure is the registrant on Your behalf violates or infringes a third
+ party's trademark, trade name or other legal rights; and
- If it comes
+ to Azure's attention that You are using Azure's services in a manner (as determined
+ by Azure in its sole and absolute discretion) that:
- Is illegal, or
+ promotes or encourages illegal activity;
- Promotes, encourages, or
+ engages in the exploitation of children, or any activity related to the proliferation
+ of child sexual abuse material (CSAM);
- Promotes, encourages or engages
+ in terrorism, violence against people, animals, or property;
- Promotes,
+ encourages or engages in any spam or other unsolicited bulk email, or computer
+ or network hacking or cracking;
- Violates the Ryan Haight Online Pharmacy
+ Consumer Protection Act of 2008 or similar legislation, or promotes, encourages
+ or engages in the sale or distribution of prescription medication without
+ a valid prescription;
- Infringes on the intellectual property rights
+ of another User or any other person or entity;
- Violates the privacy
+ or publicity rights of another User or any other person or entity, or breaches
+ any duty of confidentiality that you owe to another User or any other person
+ or entity;
- Interferes with the operation of Azure services;
-
+ Contains or installs any viruses, worms, bugs, Trojan horses or other code,
+ files or programs designed to, or capable of, disrupting, damaging or limiting
+ the functionality of any software or hardware; or
- Contains false
+ or deceptive language, or unsubstantiated or comparative claims, regarding
+ Azure or its services.
You further understand and
+ agree that if Azure is named as a defendant in, or investigated in anticipation
+ of, any legal or administrative proceeding arising out of Your domain name
+ registration or Your use of Azure's services, Your private registration service
+ may be canceled, which means the domain name registration will revert back
+ to You and Your identity will therefore be revealed in the Whois directory
+ as Registrant.
In the event:
- Azure takes any of the actions
+ set forth in subsection i, ii, or iii above or section 5; and/or
- You
+ elect to cancel Azure's services for any reason --
Neither Azure
+ nor your Registrar will refund any fees paid by You whatsoever.\\n
5
+ . COMMUNICATIONS FORWARDING \\n\\n
a.
+ Correspondence Forwarding \\r
\\n
Inasmuch as Azure's name,
+ postal address and phone number will be listed in the Whois directory, You
+ agree Azure will review and forward communications addressed to Your domain
+ name that are received via email, certified or traceable courier mail (such
+ as UPS, FedEx, or DHL), or first class U.S. postal mail. You specifically
+ acknowledge Azure will not forward to You first class postal mail (other than
+ legal notices), "junk" mail or other unsolicited communications
+ (whether delivered through email, fax, postal mail or telephone), and You
+ further authorize Azure to either discard all such communications or return
+ all such communications to sender unopened. You agree to waive any and all
+ claims arising from Your failure to receive communications directed to Your
+ domain name but not forwarded to You by Azure.
\\n
\\n\\n
b.
+ Email Forwarding
\\n
\\nThe Whois directory requires an
+ email address for every purchased domain name registration. When You purchase
+ a private domain registration, Azure creates a private email address for that
+ domain name, "@domainsbyproxy.com". Thereafter, when messages are
+ sent to that private email address, Azure handles them according to the email
+ preference You selected for that particular domain name. You have three (3)
+ email preferences from which to choose. You can elect to:
\\n
\\n
- Have all of the messages forwarded;
- Have all of the messages
+ filtered for Spam and then forwarded; or
- Have none of the messages
+ forwarded.
\\r\\n
\\nAs with all communications, You agree
+ to waive any and all claims arising from Your failure to receive email directed
+ to Your domain name but not forwarded to You by Azure.
\\n\\n
c.
+ Notifications Regarding Correspondence and Your Obligation to Respond
\\n
When
+ Azure receives certified or traceable courier mail or legal notices addressed
+ to Your domain name, in most cases, Azure will attempt to forward the mail
+ to you via email. If You do not respond to the Azure email and/or the correspondence
+ Azure has received regarding Your domain name registration concerns a dispute
+ of any kind or otherwise requires immediate disposition, Azure may immediately
+ reveal Your identity and/or cancel the Azure private registration service
+ regarding either the domain name registration(s) in question. This means the
+ Whois directory will revert to displaying Your name, postal address, email
+ address and phone number that you provided to Azure.
\\n\\n
d.
+ Additional Administrative Fees
\\n
\\nAzure reserves the
+ right to charge You reasonable "administrative fees" or "processing
+ fees" for (i) tasks Azure may perform outside the normal scope of its
+ Services, (ii) additional time and/or costs Azure may incur in providing its
+ Services, and/or (iii) Your non-compliance with the Agreement (as determined
+ by Azure in its sole and absolute discretion). Typical administrative or processing
+ fee scenarios include, but are not limited to, (i) customer service issues
+ that require additional personal time and attention; (ii) disputes that require
+ accounting or legal services, whether performed by Azure staff or by outside
+ firms retained by Azure; (iii) recouping any and all costs and fees, including
+ the cost of DBP Services, incurred by Azure as the result of chargebacks or
+ other payment disputes brought by You, Your bank or Payment Method processor.
+ \ These administrative fees or processing fees will be billed to the Payment
+ Method You have on file with Your Registrar.
\\n
You agree to waive the
+ right to trial by jury in any proceeding that takes place relating to or arising
+ out of this Agreement.
\\n\\n
6 . LIMITATIONS
+ OF LIABILITY \\n\\n
UNDER NO CIRCUMSTANCES SHALL
+ Azure BE LIABLE FOR ANY
+ DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, SPECIAL, OR CONSEQUENTIAL DAMAGES
+ FOR ANY REASON WHATSOEVER RELATED TO THIS AGREEMENT, YOUR DOMAIN NAME REGISTRATION,
+ DBP SERVICES, USE OR INABILITY TO USE THE Azure
+ WEBSITE OR THE MATERIALS AND CONTENT OF THE WEBSITE OR ANY OTHER WEBSITES
+ LINKED TO THE Azure WEBSITE
+ OR YOUR PROVISION OF ANY PERSONALLY IDENTIFIABLE INFORMATION TO Azure
+ OR ANY THIRD PARTY. THIS LIMITATION APPLIES REGARDLESS OF WHETHER THE ALLEGED
+ LIABILITY IS BASED ON CONTRACT, TORT, WARRANTY, NEGLIGENCE, STRICT LIABILITY
+ OR ANY OTHER BASIS, EVEN IF Azure
+ HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH DAMAGES WERE REASONABLY
+ FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO NOT PERMIT THE LIMITATION OR
+ ELIMINATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, Azure'S
+ LIABILITY IN SUCH JURISDICTIONS SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED
+ BY LAW.
\\n
\\nYOU FURTHER UNDERSTAND AND AGREE THAT Azure
+ DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
- THE INADVERTENT
+ DISCLOSURE OR THEFT OF YOUR PERSONAL INFORMATION;
- ACCESS DELAYS OR
+ INTERRUPTIONS TO OUR WEBSITE OR THE WEBSITES OF OUR AFFILIATED REGISTRARS;
- DATA
+ NON-DELIVERY OF MIS-DELIVERY BETWEEN YOU AND Azure;
- THE
+ FAILURE FOR WHATEVER REASON TO RENEW A PRIVATE DOMAIN NAME REGISTRATION;
- THE
+ UNAUTHORIZED USE OF YOUR Azure
+ ACCOUNT OR ANY OF DBP SERVICES;
- ERRORS, OMISSIONS OR MISSTATEMENTS
+ BY Azure;
- DELETION
+ OF, FAILURE TO STORE, FAILURE TO PROCESS OR ACT UPON EMAIL MESSAGES FORWARDED
+ TO EITHER YOU OR YOUR PRIVATE DOMAIN NAME REGISTRATION;
- PROCESSING
+ OF UPDATED INFORMATION REGARDING YOUR Azure
+ ACCOUNT; AND/OR
- ANY ACT OR OMISSION CAUSED BY YOU OR YOUR AGENTS (WHETHER
+ AUTHORIZED BY YOU OR NOT).
\\n\\n
7
+ . INDEMNITY \\n\\n
You agree to release, defend, indemnify
+ and hold harmless Azure, its parent companies, subsidiaries, affiliates, shareholders,
+ agents, directors, officers and employees and Your Registrar, from and against
+ any and all claims, demands, liabilities, losses, damages or costs, including
+ reasonable attorneys' fees, arising out of or related in any way to this Agreement,
+ the services provided hereunder by Azure, the Azure website, Your account
+ with Azure, Your use of Your domain name registration, and/or disputes arising
+ in connection with the dispute
+ policy.
\\n
8 . Azure
+ WARRANTY DISCLAIMER \\n\\n
Azure,
+ ITS PARENT COMPANIES, SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS,
+ OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES
+ OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICE PROVIDED HEREUNDER,
+ THE Azure WEBSITE OR ANY WEBSITES LINKED TO THE Azure WEBSITE, WHETHER EXPRESS
+ OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY,
+ FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL DBP SERVICES, AS
+ WELL AS THE Azure WEBSITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION
+ TO AND USE OF DBP SERVICES AND ITS WEBSITE ARE ENTIRELY AT YOUR RISK. SOME
+ JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH
+ EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
\\n
+ \
9 .COPYRIGHT AND TRADEMARK \\n\\n
+ \
You understand and agree that all content and materials contained
+ in this Agreement, the Privacy
+ Policy and the Azure
+ website, are protected by the various copyright, patent, trademark, service
+ mark and trade secret laws of the United States, as well as any other applicable
+ proprietary rights and laws, and that Azure expressly reserves its rights
+ in and to all such content and materials.
\\n
\\nYou further understand
+ and agree You are prohibited from using, in any manner whatsoever, any of
+ the afore-described content and materials without the express written permission
+ of Azure. No license or right under any copyright, patent, trademark, service
+ mark or other proprietary right or license is granted to You or conferred
+ upon You by this Agreement or otherwise.
\\n\\n
10
+ . MISCELLANEOUS PROVISIONS \\n\\n
a.
+ Severability; Construction; Entire Agreement
\\n
\\nIf
+ any part of this Agreement shall be held to be illegal, unenforceable or invalid,
+ in whole or in part, such provision shall be modified to the minimum extent
+ necessary to make it legal, enforceable and valid, and the legality, enforceability
+ and validity of the remaining provisions of this Agreement shall not be affected
+ or impaired. The headings herein will not be considered a part of this Agreement.
+ You agree this Agreement, including the policies it incorporates by reference,
+ constitute the complete and only Agreement between You and Azure regarding
+ the services contemplated herein.
\\n\\n
f. Term
+ of Agreement; Survival
\\n
\\nThe terms of this Agreement
+ shall continue in full force and effect as long as Azure is the Registrant
+ for any domain name on Your behalf. Sections 5 (Communications Forwarding),
+ 6 (Limitation of Liability), 7 (Indemnity), 8 (Warranty Disclaimer) and 10
+ (Miscellaneous Provisions) shall survive any termination or expiration of
+ this Agreement.
\\n\\n
b. Governing Law; Venue;
+ Waiver Of Trial By Jury
\\n
\\nThis Agreement shall be
+ governed in all respects by the laws and judicial decisions of Maricopa County,
+ Arizona, excluding its conflicts of laws rules. Except as provided immediately
+ below, You agree that any action relating to or arising out of this Agreement,
+ shall be brought exclusively in the courts of Maricopa County, Arizona. For
+ the adjudication of domain name registration disputes, you agree to submit
+ to the exclusive jurisdiction and venue of the U.S. District Court for the
+ District of Arizona located in Phoenix, Arizona. You agree to waive the right
+ to trial by jury in any proceeding, regardless of venue, that takes place
+ relating to or arising out of this Agreement.
\\n\\n
c.
+ Notices
\\n
\\nAll notices from Azure to You will be sent
+ to the email address You provided to Azure. Notices by email shall be deemed
+ effective twenty-four (24) hours after the email is sent by Azure, unless
+ Azure receives notice that the email address is invalid, in which event Azure
+ may give You notice via first class or certified mail, return receipt requested.
+ All notices from You to Azure shall be sent via certified mail, return receipt
+ requested or traceable courier to: \\r
\\n
Domains By Proxy, LLC
\\nAttn: General Counsel
\\n2150 E. Warner Rd.
\\nTempe, AZ 85284
+ USA
\\n
Notices sent via certified mail or traceable courier shall be
+ deemed effective five (5) days after the date of mailing.
\\n\\n
+ \
d. Insurance
\\n
\\nIn the unlikely
+ event You lose Your domain name registration to a third party solely as a
+ result of Azure's negligent actions (and absent fraud or other negligent or
+ willful misconduct committed by a third party), You may be insured against
+ such loss through Azure's Professional Liability Insurance Policy, which is
+ currently underwritten by American International Insurance Company. Of course,
+ every claim is subject to the then-carrier's investigation into the facts
+ and circumstances surrounding such claim. In the event You have reason to
+ believe that circumstances exist which warrant the filing of an insurance
+ claim, please send a written notice (specifying the basis for such claim),
+ via certified mail, return receipt requested, to:
\\n
\\nAzure
\\r\\nAttn:
+ Insurance Claims
\\n2150 E. Warner Rd.
\\nTempe, AZ 85284 USA
\\n\\n
+ \
e. Indemnification
\\n
\\nIn the unlikely
+ event You lose Your domain name registration to a third party solely as a
+ result of Azure's willful misconduct, Your Registrar (the "Indemnifying
+ Party") will indemnify and hold You harmless against any losses, damages
+ or costs (including reasonable attorneys' fees) resulting from any claim,
+ action, proceeding, suit or demand arising out of or related to the loss of
+ Your domain name registration. Such indemnification obligations under this
+ Section 10(e) are conditioned upon the following:
- That You promptly
+ give both Azure and the Indemnifying Party written notice of the claim, demand,
+ or action and provide reasonable assistance to the Indemnifying Party, at
+ its cost and expense, in connection therewith, and
- That the Indemnifying
+ Party has the right, at its option, to control and direct the defense to any
+ settlement of such claim, demand, or action.
\\r\\n
Any notice
+ concerning indemnification shall, with respect to Azure, be sent in accordance
+ with Section 10(c) of this Agreement. With respect to Your Registrar, notices
+ regarding indemnification should be sent in accordance with the notification
+ provisions contained in Your Registrar's Domain Name Registration Agreement.
+ \
\\n\\n