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Last Updated: September 17, 2020 – © Second Genistrar LLC. All Rights Reserved.
This is an agreement (the “Agreement”) between you and Second Genistrar, LLC (“Second Genistrar”, also “we” or “us” or “our”), an Ohio limited liability company. This agreement explains the basis upon which the domain registration transactions between you and Second Genistrar and other services we provide to you (collectively, the “Services”) will take place and our responsibilities toward each other. You acknowledge that Second Genistrar’s acceptance of any application or request made by you for any Services provided by Second Genistrar will take place at Second Genistrar’s offices located in Cleveland, Ohio, USA.
The term “you” and “your” (whether capitalized or not) shall refer to yourself and any legal entity you are representing (such as an employer or client). By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with Second Genistrar, whether or not the transactions were on your behalf. In the event you license use of any domain name or any other service governed hereunder, you agree that you remain bound by the terms of this Agreement, and that you will be responsible for your licensee’s compliance with the terms and conditions herein, including but not limited to any terms herein relating to accuracy of contact information and liability for wrongful use.
To participate in any Service, you must read this entire Agreement, as well as any policies referenced herein, and agree to be bound (electronically, in writing, or by submitting a domain registration) by all such terms and conditions. You acknowledge that Second Genistrar is a registrar bound by an agreement between Second Genistrar and the Internet Corporation for Assigned Names and Numbers (“ICANN”). You also acknowledge that Second Genistrar is a registrar bound by Registrar-Registry Agreements between Second Genistrar and various Domain Name Registries, including but not limited to, Employ Media, LLC.
You agree that we may revise, amend or modify the terms and conditions of this Agreement in our sole discretion, including as required to comply with applicable law or agreements. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on our web site, or, if notification of such changes is made available to you only by e-mail or United States mail, upon your receipt thereof, and your use of the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement as last revised. You agree to review our web site periodically to keep track of any such changes to the Agreement. If any such change constitutes a materially adverse change to you, you may request that your domain name registrations be cancelled (so long as you are not in breach of this Agreement) and that any Services be stopped. You agree that such cancellation or stoppage will be your exclusive remedy in such event. Except as otherwise expressly provided above, no provision of this Agreement may be amended or modified by you except by means of a written document signed by us.
Domain Name Registrations
A domain name registration is not effective until the following provisions are met: (i) all the terms and conditions for payment of fees in this Agreement, and (ii) Second Genistrar submits and delivers to the applicable registry operator the domain name registration or application information (a “Domain Registration Order”) and such registry puts the registration into effect (a “Registered Name”). Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered, and Second Genistrar is not responsible for any domain name that fails to be successfully registered as a Registered Name. Second Genistrar, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name.
Your continued use of a Registered Name is subject to your timely payment of renewal fees before the expiration date of a domain name as well as your continued compliance with this Agreement and any rules or policies referenced herein. You understand and agree that Second Genistrar is not responsible for cancelled domain names that you fail to properly renew under the following conditions:
(i) Renewal Payment of Fee Conditions: All the terms and conditions for payment of fees in this Agreement are met.
(ii) Reserved Account Funds for Upcoming Renewals. If Second Genistrar does not receive the applicable renewal fees for a Registered Name (as cleared funds) thirty (30) days prior to the expiration date of a domain name, Second Genistrar reserves the right to cancel the registration of the Registered Name and remove it from the Registry’s root zone file immediately following the domain name’s expiration date.
(iii) Automated Renewal. Contingent on the full domain renewal fee being paid by you and received by Second Genistrar (as cleared funds) at least thirty (30) days prior to the expiration date of a domain name, Registered Names by default are set to be automatically renewed. If you do not wish to renew a domain name, you agree to cancel your domain name by logging into your account and canceling the domain name through the Manage Your Account page. You must make the change in your account at least three (3) months prior to the expiration date of the respective Registered Name. Email notification to Second Genistrar will not constitute proper notice of your desire not to renew.
(iv) Manual Renewal. If you do not select a Registered Name to be automatically renewed, it is your sole responsibility to manually renew the expiring domain name before its expiration date (should you in fact want the domain name to be renewed). You acknowledge that if you choose to manually renewal a Registered Name and you fail to complete the manual renewal process before a domain name’s expiration date, this will result in cancelation of the domain name and removal of the domain name from its Registry’s root zone file immediately following the domain name’s expiration date.
(v) Domain Renewal and Restore Pricing for Non-Premium Domain Names. The default price for renewing a gTLD is 178.50 (net 150.00) USD, unless set forth otherwise in your Second Genistrar account. The default price for restoring a gTLD is 654.50 (net 550.00) USD, unless set forth otherwise in your Second Genistrar account, which may be lower depending on the gTLD. Prices for renewing or restoring a Registered Name are at the sole and absolute discretion of Second Genistrar and can change without notice to you. The price that you will be charged for a renewal or a restore can always be reviewed by logging into your account at Second Genistrar.
(vi) Renewal and Expiration Notices for gTLDs. Domain renewal notifications are sent to the registered owner of the Registered Name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name’s whois contact information) over at least three separate notices. The first email is sent out approximately one month prior to a domain’s expiration date. A second email is sent out approximately one week prior to a domain’s expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the Registrant on the fifth day post expiration.
(vii) Registry Renewal Policies. You agree to follow and be bound to the respective Registry renewal policy for the domain name you are renewing as provided for by each respective Registry.
(viii) Expiration of Domain Name. The renewal of any Registered Name is solely and completely your responsibility alone. Registered Names that expire will be removed from the respective Registry’s root zone file and will no longer resolve. You acknowledge, understand, and agree to release and hold Second Genistrar completely harmless against any claim for damage or loss arising from your failure to renew a Registered Name.
(ix) Renew Grace Period After Expiration. Second Genistrar, at its sole discretion, and for some Registered Names, may allow a period of time after the expiration date of the domain name in which you may still renew the Registered Name (the “Renew Grace Period”). Some domain names have no Renew Grace Period and for others the length of time for the Renew Grace Period varies. Failure to renew during the Renew Grace Period will result in the expired domain name being placed on hold and flagged for deletion. The Renew Grace Period for a specific domain name is subject to change at any time without notice. After the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, Second Genistrar’s web site, Second Genistrar product and service offerings, third-party web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
(x) Redemption Period After Expiration. Second Genistrar, at its sole discretion, and for some Registered Names, may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30 days but can vary and is subject to change at any time without notice. Second Genistrar will only restore a Registered Name during this period upon receiving a written notice (either by email or fax) from you along with payment of the applicable restore fees. The Redemption Period for a specific domain name is subject to change at any time without notice
(xi) Deletion of Domain Name. Domain names are deleted immediately after a Registered Name’s expiration date, however, for those domain names with a Renew Grace Period and/or a Redemption Period enabled by Second Genistrar, the Registered Name will delete after the end of such respective period. Deleted domain names will be released by the respective registry and will then become available for registration on a first-come-first-served basis.
(xii) Registry Renewal Grace Periods and Redemption Grace Periods. These periods can vary for different ccTLDs and gTLDs. You agree to follow and be bound to the respective Registry policy for the domain name you are renew or redeem as provided for by the domain policies for each respective Registry.
(xiii) Action Upon Expiration. Notwithstanding the above, two (2) days after the expiration date, Second Genistrar may, in its sole discretion, change the nameservers for the domain. This will disrupt any website or email addresses associated with the domain. Ten (10) days after the expiration date, Second Genistrar may, in its sole discretion, remove the domain from your account and remove all contact information from the Whois contacts. If you wish to renew your domain after this point, you will need to pay an extra recovery fee. Second Genistrar may elect to delete the domain, auction or transfer ownership of the domain to a third party at any time following ten (10) days after the expiration date. If Second Genistrar elects to delete the domain name, this will occur between ten (10) and forty (40) days following the expiration date.
You acknowledge that the registration or renewal of a particular domain name through the Services or the subsequent use of the Registered Name does not confer upon you any proprietary rights in the Registered Name, nor does it guarantee immunity from and against any challenge to the registration of the Registered Name by any third party, nor from the cancellation, suspension or transfer of the Registered Name.
Submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. You release Second Genistrar of any liability for any domain name that (i) fails to be registered, (ii) fails to renew, or (iii) becomes unregistered, suspended, or transferred away for any reason.
Registrant Obligations and Responsibilities
You will comply with the following obligations and responsibilities:
Accuracy of Domain Registration Information. For each domain registration submitted by you, the following contact information shall be accurately and truthfully provided: full name, postal address, email address, telephone number, and if available, facsimile number of the registrant contact of the domain name (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. Failure to provide truthful and accurate information shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name.
Changes to Domain Registration Information. For each domain registration, you will notify Second Genistrar within five (5) calendar days of any changes to the full name, postal address, email address, telephone number, and if available, facsimile number of the Registered Name Holder and if different from the Registered Name Holder, changes to the same contact information for the technical contact, the administrative contact and the billing contact. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to maintain truthful and accurate information on a continual basis, shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name. Inquiries made by Second Genistrar to determine the validity of information provided by you must be responded to within five (5) calendar days. Failure to respond to such inquiries shall be considered a material breach of this Agreement and will also be a basis for suspension and/or cancellation of the domain name.
Migration Domain Registration Information Changes. You agree and permit Second Genistrar to change the Domain Registration Information in the sole case of automated migration between registrars.
Collection and Use of Domain Registration Information. You agree to be bound by the provisions regarding collection, use and privacy of information set forth herein and in documents referenced herein.
Reporting Change of Status. You will report any material changes to the validity of your authorization, charter, license, residency, title, status and/or other related credentials that may affect any legitimacy or qualification to be the Registrant Owner of the Registered Name.
Licensed Use. In the event you intend to license use of a domain name to a third party, you are nonetheless the Registered Name Holder of record, and you are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. Further, in the event you license use of a Registered Name, you accept liability for harm caused by wrongful use of the Registered Name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
You will not, directly or indirectly (each, a “Restricted Activity”):
(i) transmit unsolicited email (Spam);
(ii) transmit repetitive, high volume inquires into any of the Services provided by Second Genistrar (i.e. domain name availability, etc.);
(iii) distribute malware or operate and engage in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law;
(iv) publish, link or redirect to illegal content that:
(A) is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
(B) is threatening or invades another person’s privacy or property rights or otherwise breaches any rights of or duty to a third party; misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;
(C) infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
(D) violates any applicable local, state, national or international law or regulation;
(E) promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
(F) is morally objectionable, which include, but are not limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; and
(G) advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation.
Any violation of any Restricted Activity constitutes a material breach of this Agreement. In the event of a material breach, in addition to any and all other remedies set forth in this Agreement and available under applicable law, Second Genistrar may, in its sole discretion and without liability to you, refuse to accept any domain registrations, delete any current domain registrations during the first thirty (30) days of registration, or cancel a domain registration at anytime after the first thirty (30) days of registration.
You will not transfer any domain name registered through Second Genistrar to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a registrar transfer to Second Genistrar.
ICANN and Registries
Second Genistrar is an ICANN-accredited registrar, and as such you acknowledge that Second Genistrar is bound by one or more agreements with the International Corporation of Assigned Names and Numbers (“ICANN”). Second Genistrar may modify this Agreement at any time in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) an ICANN-approved registry (a “Registry”) applicable to the generic top-level-domain (“gTLD”) in question. If you register a domain name under ICANN’s jurisdiction, you agree to the following:
(i) To comply with all ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN;
(ii) To comply with any operational standards, policies, procedures, and practices for each Registry, which can change from time to time by the applicable Registry operators in a non-arbitrary manner;
(iii) To read the Registrants’ Benefits and Responsibilities available at http://www.icann.org/en/resources/registrars/registrant-rights/benefits ;
(iv) To read the Registrant Educational Information available at http://www.icann.org/en/resources/registrars/registrant-rights/educational ;
(v) To read and comply with policies regarding Material Change of Registrant:
(A) The Transfer of domains names as governed by ICANN’s Transfer Policy (http://www.icann.org/transfers/).
(B) Confirmation. A material change of Registrant is when the current (Old) registrant name, organization, email address or administrative email address (when there is no Registrant email address) of a domain name is changed and the Registrant as the Old or New Registrant confirms the permanent material change (“Change”) by:
i. Explicitly accepting the change through the API or Control Panel or only in the case of the Old registrant through their registrant email; or
ii. Authorizing a person, company or entity to accept the change on Old and New Registrant’s behalf as the Old and New Registrant’s Designated Agent (DA) through the API or Control Panel.
(C) Second Genistrar as Designated Agent for New Registrant. Direct registrant name holders with Second Genistrar acknowledge and authorize Second Genistrar to be their Designated Agent for all New Registrant material change confirmations.
(D) Procedure. Both, Old Registrant and New Registrant or one of their respective Designated Agents understand, acknowledge and agree that:
i. Second Genistrar is solely responsible for the electronic processing of the change of registrant.
ii. Old Registrant and New Registrant are solely responsible for the legal validity of the transfer of the domain name.
iii. confirmation to material changes of the Registrant have to be made as set forth by the ICANN Transfer Policy
iv. any failure in the confirmation process (such as failure by the Old Registrant to confirm the change within 14 days) may stop the transfer process and will lead to an expiration of both the change of registrant request and/or security code.
v. the Old Registrant might receive an email in order to confirm any change. The Old Registrant is obliged to contact Second Genistrar as soon as possible, latest fourteen (14) days of receipt of the email if the Old Registrant wants this change to be executed
vi. Second Genistrar assumes no liability for any inquiries in regards to the Change and the Old Registrant or the respective Designated Agent will indemnify and hold Second Genistrar harmless if any such inquiries occur. In particular shall Second Genistrar have no liability related to the validity of the New Registrants entitlement to the domain name
vii. the domain might be locked to prevent transfer to a different registrar for 60 day according to the ICANN Transfer Policy.
(E) Representation Material Change. The person who accepts this agreement on behalf of the Old Registrant and New Registrant represents and warrants to be duly authorized and hence to have the legal power to enter in to this Agreement.
(F) Transfer lock.The Old Registrant acknowledges and agrees that if the Old Registrant did not opt out of the 60-day lock and its final goal is to transfer the domain name to a different registrar, the Registrant is advised to request the inter-registrar transfer before the the Change of Registrant is initiated in order to avoid the transfer lock.
You acknowledge that domain names are administered by a multitude of different organizations internationally and that each of these organizations has different terms and conditions for the registration and administration of domain names as well as for domain name dispute procedures. In this respect, for the domain names you register through Second Genistrar, you acknowledge your compliance with the terms and conditions of each registry of each Registered Domain, which are incorporated by reference herein as the gTLD Domain Name Registry Policies (the “Domain Policies”). It is solely your own responsibility to keep informed and up-to-date on the current respective Domain Policies connected to the domain names you have registered at Second Genistrar. You also understand and agree that a violation of the current Domain Policies due to your failure to keep up-to-date is a material breach of this Agreement.
When registering a domain name through Second Genistrar, you will be able to manually enter the DNS configuration for the domain name (the “DNS Settings”), including name servers, during the registration process. The DNS Settings at the time of domain name registration, without manual configuration, are by default either the customer’s preset name servers and settings configured in their account (Existing Customer Account Default DNS Settings) or where no account, account preset name servers or settings exist, Second Genistrar’s own name servers and settings (Second Genistrar Default DNS Settings). By failing to provide manual DNS Settings at the point of registration or through your Existing Customer Account Default DNS Settings, you acknowledge and agree Second Genistrar has the right to set the DNS Settings to Second Genistrar Default DNS Settings.
Any domain name using Second Genistrar Default DNS Settings will forward to a web server and webpage (Parked Page) owned and operated by Second Genistrar. You acknowledge that the content displayed on the Parked Page is fully and solely at the discretion of Second Genistrar, including but not limited to in-house advertising (from which you are not entitled to any compensation), third-party advertising that may have links to third party products and services (from which you are not entitled to any compensation, understanding that Second Genistrar makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith), and use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and Second Genistrar may aggregate for our own use, related usage data by means of cookies and other similar means.
You may change away from Second Genistrar Default DNS Settings (thus stop all forwarding to Parked Pages altogether) at any time during the term of your domain name registration by changing the name servers for the respective domain name, adding a DNS record, and/or adding a DNS forwarding.
Upon domain name expiration and where Second Genistrar is required to modify the DNS Settings for a domain name by policy, the respective domain name’s DNS will automatically return to the Second Genistrar Default DNS Settings seven (7) days after the expiration date. As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” after the domain name expires, but before the domain name is returned to the registry.
Domain Name Disputes
You will respond and settle any disputes for any Registered Names in your account according to the resolution policies of the respective registry, Second Genistrar and ICANN (collectively, the Domain Name Dispute Policies”). In the case of ICANN, you agree to be bound by ICANN’s Uniform Rapid Suspension System (“URS”) and Uniform Domain Name Dispute Resolution Policy (“UDRP”). These dispute polices, as amended from time to time, are hereby incorporated into this Agreement by reference.
Second Genistrar may be required to lock, cancel or transfer a domain to a third party in accordance to the Domain Name Dispute Policies. In the case of a UDRP action against you, depending upon the outcome, the domain name in question may be locked, cancelled, or transferred to a third party. For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where Registrar is located (Cleveland, Ohio, USA, in the County of Cuyahoga).
In the event any dispute arises as a result of one or more domain names for which you are the Registered Name Holder, you will indemnify, defend and hold Second Genistrar harmless as provided for in this Agreement. If Second Genistrar receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you, Second Genistrar, in its sole discretion, may take whatever action Second Genistrar 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 Second Genistrar harmless for any such actions.
Current ICANN rules require Second Genistrar to remind each Registrant to keep the contact information for their domain name(s) up-to-date. Inaccurate Whois information can be grounds for cancellation of a domain name.
At all times you will provide Second Genistrar with accurate and reliable contact details upon registration and during the term of the domain registration. This information includes:
(i) Your full name, postal address, e-mail address, voice telephone number, and fax number if available. You must also provide the name of an authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation.
(ii) The names of the primary nameserver and secondary nameserver(s) for the Registered Name (if not given, then the nameservers will default to the Second Genistrar Default DNS Settings);
(iii) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
(iv) The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
Unless set forth differently herein, you will notify Second Genistrar within seven (7) 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 Second Genistrar with accurate and reliable information on an initial and continual basis shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within fifteen (15) business days to any inquiries made by Second Genistrar to determine the validity of information provided by you shall also be considered to be a material breach of this agreement, and can be a basis for suspension and/or cancellation of the domain registration.
Second Genistrar will accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants. The Registrant shall be required to update its contact information no later than 15 (15) calendar days from the date of such notice. If, within fifteen (15) days, Registrant can either (i) show that it has not provided false or inaccurate contact information or (ii) provide the updated Whois information, then the registrant will be allowed to maintain the domain name registration. If, however, after fifteen (15) days, the Registrant either does not respond to Registrar’s notice or is unable to provide true and accurate contact information, the Registrant shall be deemed to have breached this Agreement and be a basis for suspension and/or cancellation of the Registered Name. Second Genistrar shall not be required to refund any fees paid by the Registrant if Second Genistrar terminates a Registrant’s Registered Name due to its enforcement of this provision. A Registrant may request to Recover a domain deleted due to inaccurate Whois data, provided it is still in the “Pending Delete” status. When a registrar restores a name (from the redemption grace period) that had been deleted on the basis of submission of false contact data or non-response to registrar inquiries, the name must be placed on Registrar Hold status until the registrant has provided updated and accurate Whois information.
You can review your Whois information by simply selecting the “Whois” link at the bottom of any page on this website. If you have several domains with Second Genistrar, you may prefer to access your user account and view all of your domains on one screen. If no changes are required, then no further action is required.
On 17 May 2018, the ICANN Board approved a Temporary Specification, to establish temporary requirements for how ICANN and contracted parties will continue to comply with existing contractual and policy requirements while also complying with GDPR. More info about GDPR here https://www.nameshare.com/legal/gdpr/ .
We recommend that you periodically login and review your private customer record. This is used to send renewal notices to your private postal address and customer email address.
You acknowledge that there are actually two copies of the Whois database: one maintained by Second Genistrar and one maintained by the Registry. With the exception of .com and .net, the registry actually publishes MORE personal data about the registrant than does Second Genistrar. We also cannot guarantee that our Whois database will not be data-mined by third parties.
Many of our customers would like to avoid publishing personal data such as their home address or personal telephone number in the public Whois database. However, do not make up false data as this can be grounds for cancellation of your domain name.
To the extent permitted by ICANN and/or the applicable Registry, Second Genistrar may make use of the publicly available information you provided during the registration and renewal processes, and such information may be used, copied, distributed, published or modified as set forth herein and as provided for in all applicable ICANN rules and regulations. You consent to provide correct and accurate contact information, and further consent to any use by Second Genistrar for whatever Second Genistrar deems appropriate.
You hereby consent and give permission for all the requirements and disclosures set forth in this Section of this Agreement. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of such disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure. You understand that Second Genistrar will not process data in a way that is incompatible with this Agreement and Second Genistrar will take reasonable precautions to protect data from loss, misuse, unauthorized access or disclosure, alterations or destruction.
Second Genistrar may also communicate with you regarding any other transaction involving your domain or any ICANN-mandated policy, including Whois data reminders. You acknowledge that Second Genistrar may send you marketing offers and communications from time-to-time via email, telephone, fax or your postal address. You are free to opt-out of these communications at any time.
Payment of Fees
In consideration for the Services and products purchased by you and provided to you by Second Genistrar, you agree to pay Second Genistrar at the time service is provided, unless alternative arrangements have been made. Payment is to be made by you providing a valid credit card for charge by Second Genistrar, and is non-refundable. If for any reason Second Genistrar is unable to charge your credit card with the full amount owed Second Genistrar for the service provided, or if Second Genistrar is charged back for any fee it previously charged to the credit card you provided, you agree that Second Genistrar may pursue all available remedies in order to obtain payment. You agree that among the remedies Second Genistrar may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.
Domain name registrations and renewals are non refundable. If for any reason Second Genistrar is not able to charge the credit card 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 credit card information current, including the expiration date.
Breach and Revocation
In the event of a breach by you of any provision of this Agreement, including representations and/or warranties herein, in any Appendices hereto and any documents referenced or incorporated herein, we shall have the right in our sole discretion to delete, cancel, revoke, suspend, place on hold or lock, transfer or modify your registration of the domain name related to the breach (including by modifying your DNS settings), without prior notification to you and without regard to any period of time remaining in your registration term, including any future year(s) of registration you have already purchased. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
You acknowledge that we reserve the right to conclude that your conduct is in violation of the foregoing provisions and/or in breach of any provision of this Agreement, and we may arrive at such a conclusion even if it is based upon our opinion or mere suspicion or belief, without any duty to prove that our opinion or suspicion is well-founded, and even if our opinion or suspicion is proven not to be well-founded. Any action taken by us under this section may be taken by us in our sole discretion, without notice to you, without any obligation to refund fees paid, and otherwise without liability to you or to any third party for any such action.
Stability and Data Correction
Second Genistar reserves the right to deny, cancel, transfer, or alter any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion for the following:
(i) To correct mistakes made by registry or any registrar in connection with a domain name registration
(ii) To facilitate the transfer of domain from one registrar to another, especially in order to process automated migrations between registrars
(iii) The non-payment or reversal of fees (Payment)
(iv) To protect the integrity and stability of a registry or registrar
(v) To comply with any applicable 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 or registrar operator, as well as its affiliates, subsidiaries, officers, directors, and employees
(viii) For the resolution of a dispute.
Representations and Warranties
You represent and warrant that:
(i) neither the application for or registration of any domain name nor the manner in which it is directly or indirectly used infringes or violates the legal rights of any third party, and the domain name will not be used in connection with any illegal activity;
(ii) all information provided by you in connection with your registration is complete and accurate;
(iii) you have the full power and authority to execute, deliver, and perform under this Agreement;
(iv) you are at minimum the age of majority in your jurisdiction, and you are old enough under applicable law to enter into a contract and have the terms of the contract enforced against you;
(v) this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;
(vi) you are not a person or entity barred from purchasing or receiving the Services found under the laws of the United States or other applicable jurisdiction;
(vii) if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client” or “customer” shall additionally refer to such organization or corporate entity;
(viii) if you are entering into this Agreement on behalf of an organization or corporation, such entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed; and
(ix) you acknowledge all other representations and warranties made by you in this Agreement.
SECOND GENISTRAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE. ALL SERVICES AND PRODUCTS PROVIDED BY SECOND GENISTRAR ARE PROVIDED ON AN “AS IS” BASIS.
You agree to defend, indemnify and hold harmless Second Genistrar and our affiliates, business partners (including any registry referenced in this Agreement), directors, officers, employees and agents, from and against any and all claims, actions, losses, damages, expenses and costs, including attorneys’ fees and expenses, arising out of or relating to (i) your application for and/or registration and/or use of any domain name, (ii) any breach by you of this Agreement, including any attachments and documents referenced herein, representations and/or warranties herein and any Appendix hereto, or (iii) any third party claim, action, or demand related to any domain name or the use thereof.
Term and Survival
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Second Genistrar. The provisions of Sections 1 – 4, 6 – 8, 10 - 12, 14 and 15 of this Agreement shall survive the termination or other expiration of this Agreement.
Limitation of Liability
Second Genistrar’s entire liability to you under this Agreement, and your only remedy, in connection with any Service or product provided by Second Genistrar to you under this Agreement, and for any breach of this Agreement by Second Genistrar, shall be limited to the fees you paid to Second Genistrar for the particular Service or Product in contention.
SECOND GENISTRAR WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO OR IN CONNECTION WITH (A) ANY FAILURE TO REGISTER OR REGISTRATION OR LOSS OF REGISTRATION OF A DOMAIN NAME; (B) THE USE OF A DOMAIN NAME; (C) DELAYS OR INTERRUPTIONS OF ACCESS TO SECOND GENISTRAR’ REGISTRATION SYSTEM; (D) THE FAILURE TO DELIVER OR DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND SECOND GENISTRAR; (E) EVENTS BEYOND SECOND GENISTRAR’ REASONABLE CONTROL; (F) THE PROCESSING OF ANY APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH A DOMAIN NAME; (H) REJECTION OF YOUR APPLICATION FOR A SECOND GENISTRAR DOMAIN NAME; (I) ANY ERROR, OMISSION OR MISSTATEMENTS BY OR ON BEHALF OF SECOND GENISTRAR; OR (J) THE APPLICATION OF ANY DISPUTE OR OTHER APPLICABLE POLICY. FURTHER, SECOND GENISTRAR WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS AND LOST DATA) REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE) OR OTHERWISE, EVEN IF SECOND GENISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL SECOND GENISTRAR’ MAXIMUM LIABILITY EXCEED THE FEES YOU PAID FOR THE SERVICE OR PRODUCT WHICH IS THE SUBJECT OF ANY CLAIM FOR DAMAGES OR OTHER COMPENSATION (AS SET BY SECOND GENISTRAR AT THE TIME OF YOUR PURCHASE OF, OR APPLICATION FOR, SUCH DOMAIN NAME). IN JURISDICTIONS WHICH DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of Ohio, as if the Agreement were a contract wholly entered into and wholly performed within the State of Ohio, and without giving effect to any choice of law rule that would cause the application of the laws of any jurisdiction other than the internal laws of the State of Ohio to the rights and duties of the Parties. Any action to enforce this Agreement or any matter relating to your use of a domain name or any Service or Product provided by Second Genistrar hereunder may be brought only and exclusively in the United States District Court for the Northern District of Ohio (Eastern Division) or in the state courts of Cuyahoga County, Ohio, and each party to this Agreement expressly and irrevocably consents and submits to the exclusive jurisdiction and venue of such Courts, and courts of appeal therefrom, in connection with any such legal proceeding.
You acknowledge and agree that Second Genistrar or the registry serve provider (“RSP”) for each TLD offered by Second Genistrar may perform scans or other views of websites in the applicable TLD for the purpose of detecting malware, or as necessary to protect the integrity, security or stability of the TLD (“Malware Scans”). In this regard, you grant Second Genistrar and RSP all necessary licenses and consents to permit Second Genistrar and/or RSP or its agent(s) to: (i) perform, in Second Genistrar’s or RSP’s unlimited and sole discretion, Malware Scans; (ii) collect, store, and process data gathered as a result of such Malware Scans; (iii) disclose the results of such Malware Scan (including all data therefrom) to Second Genistrar and/or ICANN; and (iv) use the results of such Malware Scan (including all data therefrom) in connection with: (a) protecting the integrity, security or stability of the gTLD; and (b) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD. You acknowledge and understand that the results of any Malware Scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of yours. You hereby disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all malware or that Second Genistrar or RSP is responsible for notifying you of any malware or cleaning of any malware from any system or website, and indemnify, defend and hold harmless Second Genistrar and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any malware, clean any malware, or the use of any data from Malware Scans. You are prohibited from entering into any settlement or compromise of any such indemnifiable claim without Second Genistrar’s and RSP’s prior written consent.
This Agreement, together with all referenced documents and all amendments or modifications, constitutes the complete and exclusive agreement between you and Second Genistrar regarding the subject matter hereof, and supersedes and governs all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture or other form of joint enterprise between the parties. Our failure to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provision will be amended or construed so as to render it valid and enforceable and achieve, to the greatest extent possible, the objectives and intent reflected in the original provision.
Additional provisions with regard to .jobs domain names are set forth in Appendix 1.
Additional provisions with regard to .realestate domain names are set forth in Appendix 2.
Additional provisions with regard to .realtor domain names are set forth in Appendix 3.
Additional Terms For .jobs Domains
In addition to agreeing to all terms contained herein, you also agree to the .jobs Registry-Registrant Agreement as amended from time-to-time at the sole discretion of the .jobs Registry Operator. The current version of this agreement can be found at http://www.employmedia.com.
The Registered name Holder represents and warrants that the Registered Name Holder, during the application for the Registered Name and at all times during the existence of the Registered Name in the Registry Database, complies with: (i) the registrant eligibility requirements as provided by the Registry Operator and as modified from time to time; and (ii) the .jobs domain use restrictions as provided by the Registry Operator and as modified from time to time. The registrant eligibility requirements and use requirements are posted on the Registry Operator’s website located at http://www.employmedia.com.
The Registered Name Holder acknowledges that the Registered Name Holder has read, understands and agrees to be bound by the .jobs Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions.
The Registry Operator, in its sole discretion, may revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, without any notice thereto, in the event of noncompliance by the Registered Name Holder with any provision of the Registrar’s Registration Agreement, the Registry-Registrant Agreement, the registrant eligibility requirements and the use restrictions, including but not limited to submission or use of untruthful, incomplete or fraudulent registration information during the application process or subsequently thereto.
The Registry Operator is an intended third party beneficiary of the Registrar’s Registration Agreement, with a right to enforce the terms and provisions contained herein.
Additional Terms For .realestate Domains
In addition to agreeing to all terms contained herein, you also agree to the following terms:
Obligations of the Name Holder. You (also identified as “Registered Name Holder(s)”) agree to any additional terms as set forth in any Registration Agreement as publicly posted at Registry Operator’s website. The Registry Operator reserves the right to deny, cancel or transfer any domain name (each, a “Registered Name”) registration or transaction, or place any Registered Name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry Operator, Registry Service Provider, Registry Verification Agent, Registrar and/or any other contractually obligated vendors in connection with a domain name registration, or (iii) for the non-payment of Fees. Any information that you provide to the Registrar and/or the Registry Operator related to your registration and use of your .realestate domain name(s), and any information related to your public use of your .realestate domain name(s), including your and/or your related entity or entities’ use of such (including screen captures of such use) (collectively, your “Information”), may be used by Registry Operator in performance of the obligations, promotion and duties of Registry Operator, and may be made publicly available, as required by ICANN or pursuant to registry operation. You consent to the use, copying, reproduction, distribution, publication, modification, and other processing of your Information, your .realestate domain and any website resolving at your .realestate domain by Registry Operator and Registry Operator’s designees and agents in a manner consistent with Registry Operator’s obligations and rules, guidelines and procedures for maintaining and operating the .realestate registry, including promotion thereof. You consent to use of the Information for the purposes set forth above, and irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Information by Registry Operator, Registrar, or any designees and agents thereof. The Registered Name Holder is required to comply with ICANN standards, policies, procedures, and practices for which Domain Name Registry has monitoring responsibility in accordance with their Registry Agreement or other arrangement with ICANN. The Registered Name Holder is also required to comply with all applicable national, state or local law, regulation or court order in relation to its operations and registrations of the Registry TLD.
Acceptable Use and Anti-Abuse. The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
Registrant Compliance. Registrant shall take all necessary action(s) as directed by Second Genistrar or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
Indemnity Clause. Registered Name Holder to indemnify, defend and hold harmless the Registry Operator, Registry Service Provider, Registry Verification Agent, and other contractually obligated vendors, and in each case, their Affiliates, partners, subcontractors, subsidiaries, 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’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with, the Registered Name Holder’s domain name registration. This indemnification obligation of Registered Name Holder shall survive the termination or expiration of the Registration Agreement.
Premium Registration Pricing. Non-standard domains have non-uniform registration and renewal pricing such that the Registration Fee for a nonstandard domain name registration (e.g., domain names identified as Premium or allocated through Request for Proposal or auction, single-characters, two-letters) may differ from the Registration Fee for a standard domain name registration in the TLD.
Additional Terms For .realtor Domains
In addition to agreeing to all terms contained herein, you also agree to all of the terms set forth at www.get.realtor .