Respond Host Terms Of Service
This Registration Agreement sets forth the terms and conditions agreed to between you and your company (also referred to as "member"), and Respond Host. An Irish based Limited Liability Company T/A Nua Soft Web Services Ltd. (also referred to as "we" or "us"), relating to the registration and reselling Top Level Domain names "TLDs".
-
No Guarantee of Registration or Renewal
By using our domain registration facilities, you agree that Respond Host cannot guarantee you will be able to register or renew any specific domain name, even if your inquiry indicates that domain name is available. Even if a domain name appears to be available, you acknowledge that Respond Host cannot know with certainty whether or not another party is simultaneously seeking the domain name you are seeking to register, or whether there are any inaccuracies or errors in the domain name registration or renewal process or in the WHOis and other databases. You also agree that Respond Host may elect to accept or reject your application for registration or renewal for any reason at its sole discretion. Such rejection may include, but is not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also agree that Respond Host is not liable or responsible in any way for any omissions, errors or any other actions by any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. You also agree to indemnify, defend and hold harmless the applicable registry administrator and its officers, directors, employees, and agents from and against any and all claims, damages, liabilities, expenses, and costs (including reasonable legal fees and expenses) arising out of, or related to, your submission for and registration, renewal, or failure to register or renew a particular domain name or names
-
After Expiration of The Term of Domain Name Registration
You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the 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, Respond Host's Web site, Respond Host 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.
For a period of approximately 14 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the "renewal grace period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a renewal grace period and that we shall not be liable therefore.
Should you not renew the domain name registration services during the renewal grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name registration services to Respond Host or a third party on your behalf (such a transaction is hereinafter referred to as an "Expired Domain Transfer"), and your failure to so notify us after the domain name expiration date shall constitute your consent to such an Expired Domain Transfer.
You acknowledge and agree that the Expired Domain Transfer process may be facilitated through a single Expired Domain Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. We cannot guarantee, and we make no representation or promise, that any Expired Domain Transfer will occur with respect to any particular domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You also agree that in the event your domain name services are terminated by us pursuant to this Agreement, we may transfer your domain name registration to Respond Host or a third party, without any liability to you or obligation to compensate you in connection therewith.
In the event that your domain name registration is deleted, you acknowledge that certain registry administrators may provide procedures by which deleted domain names may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain names and that we shall not be liable therefore. The typical RGP fee is $120 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
-
Term & Registration Period.
The term of this Agreement will continue to be in force during the time in which you have any TLD name registered through us. At your discretion, we will register each TLD name for a period of one (1) to ten (10) years for .com, .net and .org.
-
Overview of Dispute Policy.
By using our domain registration facilities, you agree to be bound by our Uniform Domain Name Dispute Resolution Policy. This dispute policy is incorporated into this Agreement by reference. Any disputes regarding the right to use your TLD name will be subject to the Uniform Domain Name Dispute Resolution Policy (the Dispute Policy). Respond Host may modify the Dispute Policy at our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy effectively constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your TLD name is challenged by a third party.
-
Registration Data.
When you register or transfer a domain name, you are required to provide us with certain information. This information includes:
-
Your full name, postal address, e-mail address, voice telephone number, and fax number if available;
-
The name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
-
The IP addresses of the primary nameserver and any secondary nameserver(s) for the TLD name;
-
The corresponding names of those nameservers;
-
The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the TLD name;
-
The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the TLD name;
-
The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the TLD name; and
-
Any remark concerning the registered TLD name that should appear in the WHOIS directory.
You agree to update this information to keep it current,
complete and accurate. You also agree and understand that the
foregoing registration data will be publicly available and accessible
on the WHOIS directory as required by ICANN/Registry Policy and may
be sold in bulk in accordance with the ICANN Agreement.
-
OBLIGATIONS OF Respond Host
Respond Host agrees to comply with all the terms and conditions in this Agreement.
Respond Host will release the newest prices and Member Policy on www.Respond Host.eu website from time to time.
Respond Host does not guarantee that each individual Member will specifically be notified of these price changes.
Respond Host will provide automatic system for inquiry.
-
OBLIGATIONS OF THE MEMBER
As part of the registration of top-level domain names, the Member shall submit all data required on the www.Respond Host.eu website.
The Member agrees to develop and implement all necessary technology and restrictions to ensure that its connection to the Respond Host, and all transmissions are secured. Each such transmission shall be authenticated and every connection with the Respond Host will be done by using Member password, which it shall disclose only to its employees on a need to know basis and shall notify Respond Host within four hours of learning that its key or password has been compromised in any way.
The Member shall employ all necessary employees, contractors, or agents with sufficient technical training and expertise to respond to and fix all technical problems concerning the use of the Respond Host or its Software in conjunction with its systems.
The Member agrees that in the event of unexpected technical difficulties, or at any time deemed necessary by Respond Host, Respond Host may in its sole discretion; temporarily suspend access to Member to www.Respond Host.eu
Inaccurate or Unreliable Data.
If member deliberately provides inaccurate or unreliable information, or fails to promptly update necessary information, or fails to respond to our email inquiries within five calendar days, such actions shall constitute a breach of this Agreement.
Privacy Policy
All personal data collected by us will be used in connection with the registration of your TLD name(s), for the purposes of this Agreement and as required or permitted by the ICANN Respond Host Privacy Statement Information. .
Respond Host knows the importance of keeping your information private. By using our domain registration facilities, you agree to accept the guidelines described herein.
-
Information collected by Respond Host.
Here are the types of information we gather from Respond Host's visitors:
Information entered on our website or given to us in any way are collected and stored in our system. Internet Corporation for Assigned Names and Numbers ("ICANN"), an organization that assumes responsible for domain name allocation, requires information about you during the domain name registration process. The information includes: name, address, phone number, email address and fax. When you register a domain name with Respond Host, we require you to provide credit card number and billing address. Financial information such as the above is collected during the domain name registration process.
How the information is shared:
It is required by ICANN that your name, address, phone number, email address and fax together with the creation and expiration dates of your domain name registration and the nameserver information associated with your domain name, be made available to the public via an interactive Web page and a "port 43" WHOIS service. Please note that Respond Host may not be able to control how members of the public may use the WHOIS information.
Sites Other than Respond Host
Respond Host will not be responsible for content or privacy policies of other Web Sites such as advertisers we may link to or those that link to our site. This Privacy Statement is only responsible for the information collected on Respond Host's site.
-
License of TLD Names.
When you license use of a TLD name to a third party, you remain the holder of record, and you acknowledge that you remain responsible for providing and updating your own full contact information and for providing and updating accurate technical, administrative, and billing contact and other information in accordance with this Agreement.
You shall accept liability for harm caused by misuse of a TLD name you have licensed to a third party, unless you quickly disclose the identity of the licensee to a party providing you reasonable evidence of actionable harm.
Change of TLD Holder Procedure.
If you transfer any TLD name, you agree to abide by the policies and procedures relating to the transfer of TLD names as may be adopted by us and modified by us from time to time. These policies may require, among other things, the submission of hard-copy records of transfer of ownership, the submission of information concerning the transferor and transferee and the transfer, including but not limited to the information respect to the transferee, and may impose reasonable information collection and record keeping obligations on you. Such policy and procedure may require you upon such transfer to relinquish all control over the TLD name transferred.
-
Policies Regarding Use of Our Services.
Suspension, Cancellation or Transfer of TLD Name.
You agree that your eligibility to use Respond Host's registration services is subject to termination or suspension, and your ability to register or modify any particular TLD name is subject to suspension, cancellation, or transfer:
-
At any time pursuant to any ICANN/Registry Policy now in effect or hereafter adopted,
- To correct mistakes by us, another accredited registrar or the Registry in registering TLD name(s), including but not limited to the correction of erroneous or inadvertent deletions of TLD names, or in connection with the resolution of disputes in accordance with the Dispute Policy, or
- In the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.
-
Use of Agents.
You agree that, if your agent (e.g., an Internet Service Provider, employee, etc.) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the Dispute Policy. Your continued use of our services shall ratify any unauthorized actions of your agent. By acting on your behalf, your agent certifies that he, she or it is authorized to apply for our services on your behalf, that he, she or it is authorized to bind you to the terms and conditions of this Agreement and that he, she or it has apprised you of the terms and conditions of this Agreement. In addition, you are responsible for any errors made by your agent. We will not refund fees paid by you or your agent on your behalf for any reason, including, but not limited to, in the event that your agent fails to comply with the terms and conditions of this Agreement, your agent incorrectly provides information in the application process or if your agent changes or otherwise modifies your TLD name record incorrectly.
TLD Name Transfers Between Sponsoring Registrars.
You agree that you may change sponsoring registrars for any existing TLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any TLD name for a period of sixty (60) calendar days after registration of such TLD name with us. In connection with any transfer by you of TLD name(s) from one registrar (the "Former Registrar") to us:
You represent and warrant that:
-
You are either the TLD Holder, the administrative contact or the technical contact with respect to the TLD name(s) being transferred; and
-
If transferring a TLD and on behalf of a Customer, you have been granted the authority by such Customer to affect each such transfer.
To initiate a transfer of sponsoring registrars from a Former
Registrar to us, you shall notify us of the TLD name(s) you wish to
transfer to us and we will, upon receipt of such transfer request,
forward to you a Confirmation of Transfer. You agree to confirm the
accuracy of the Confirmation of Transfer and assent to the
Confirmation of Transfer before being permitted to continue.
We
will affect the proposed transfer of sponsoring registrars from the
Former Registrar only after the following conditions have been met:
-
We have received evidence of your assent to the Confirmation of Transfer and all transfer fees associated with the transfer(s) have been paid in full; and
-
If the transfer involves a TLD name held by a TLD Holder other than you and we have notified such TLD Holder via the Administrative Contact of the proposed transfer and provided such Administrative Contact with a period of time to confirm or object to such transfer, not to exceed 10 business days, such waiting period shall have expired or the express consent of such Administrative Contact shall have been obtained.
You agree and understand that we will affect the registration
using the registration data on file with the Former Registrar
immediately prior to transfer, and understand that we may, at our
discretion, limit your ability to make post-transfer changes to
registration data for a reasonable period of time following transfer,
not to exceed 15 business days.
9.5. When we make a request
to the Former Registrar (via the Registry) to transfer a TLD name
registration to us from the Former Registrar, you agree to pay us the
applicable fee(s) as then in effect with respect to such transfer and
agree to comply with the Verisign Change in Registrar Policy.
-
LIMITATION OF LIABILITY; DISCLAIMER OF WARRANTIES.
LIMITATION OF LIABILITY. YOU AGREE THAT WE WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY ACT OR OMISSION OF YOU OR YOUR AGENT (WHETHER AUTHORIZED OR UNATHORIZED) (a) ANY LOSS OF REGISTRATION OF ANY TLD NAME, (b) THE USE OF YOUR TLD NAME OR PASSWORD, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND US; (e) EVENTS BEYOND OUR CONTROL; (f) THE PROCESSING OF ANY TLD NAME REGISTRATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR TLD NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO US FOR REGISTRATION OF THE TLD NAME IN CONTROVERSY DURING THE PRIOR ONE (1) YEAR PERIOD. TO THE EXTENT APPLICABLE STATE LAW DOES NOT ALLOW THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
DISCLAIMER OF WARRANTIES. WE EXPRESSLY DISCLAIM ALL WARRANTIES, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, INFORMATIONAL CONTENT AND NONINFRINGEMENT OF THIRD PARTY RIGHTS. WE DO NOT WARRANT THAT THE FUNCTIONS CONTAINED IN OUR SOFTWARE OR WEBSITE WILL MEET YOUR REQUIREMENTS OR THAT THE OPERATION OF OUR SOFTWARE OR WEBSITE WILL BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SOFTWARE OR WEBSITE WILL BE CORRECTED. WE DO NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF OUR SOFTWARE OR WEBSITE OR RELATED DOCUMENTATION IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY OR OTHERWISE.
-
Indemnity.
You agree to defend, indemnify and hold us harmless and any applicable TLD name registry, including Respond Host, , and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to:
-
Any TLD name registered by you or the transfer or use thereof,
- Any dispute concerning a TLD name,
- Your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or
- Any cancellation, suspension (e.g. registrar lock or hold) or transfer of any TLD name in accordance with this Agreement.
This indemnification is in addition to any indemnification required under the Dispute Policy.
-
Representations and Warranties.
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. You represent and warrant each time you register a TLD name that, to the best of your knowledge and belief, neither the registration of the TLD name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. In applying for a TLD name, you represent and warrant that the registration is not made in bad faith and that the name does not conflict with another TLD name. We make no representation or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your TLD name will immunize you from challenges to your TLD name. We are not bound by nor should you rely on any representation or warranty made by any agent, representative or employee of any third party that you may use to apply for our services.
-
Breach and Revocation; Notice of Cancellation, Etc.
Except as otherwise specified in this Agreement, any breach by you of this Agreement or the Dispute Policy must be remedied by you within five (5) business days following e-mail notice by us to you. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the WHOIS directory. If you fail to cure the breach within such cure period, we may terminate this Agreement, cancel your registration of the TLD name(s), transfer such TLD names to another person or entity and/or seek any remedy available at law or in equity including but not limited to obtaining an injunction or specific performance. Our remedies shall not be deemed exclusive and affecting any one or more of the foregoing remedies shall not be deemed an election of remedies. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your TLD name(s) by us pursuant to this section will be provided to you within five (5) business days following the taking of such action.
-
Cancellation During Preliminary 30 Day Period; Right of Refusal to Register.
Pursuant to ICANN Registry Policy, we reserve the right to refuse to register any TLD name(s), or to cancel, transfer or suspend any TLD name(s) registered with us within the first thirty (30) calendar days following receipt of your payment for such registration(s). In the event we do not register a TLD name or we cancel or transfer a TLD name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) with respect to such TLD name that you have paid to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any TLD name(s) or the cancellation or transfer of any TLD name(s).
-
Governing Law; Jurisdiction; Waiver of Trial by Jury.
THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF IRELAND, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF DUBLIN, IRELAND FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY TLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) IRELAND. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
-
Notices.
Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail. The foregoing notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your TLD name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you. We intend to rely on any such correspondence.
General.
This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. Our failure to require your performance of any provision hereof shall not affect the right to require such performance 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 is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your TLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and Respond Host, and shall not be construed to create any obligation by Respond Host to any non-party