Domain Registration Agreement
Last modified: August 11, 2020
1. IN THIS REGISTRATION AGREEMENT.
This Domain Registration Agreement (this "Agreement") is entered into by and between DNSimple Corporation ("DNSimple"), and you. The terms "DNSimple," "Registrar," "we," "us," and "our," refer to DNSimple. "Registrant," "you" and "your" refers to the Registrant of each domain name registration, and "Services" refers to the domain name registration services provided by us as offered through DNSimple.com. Any reference to a "registry," "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD").
This Agreement explains our obligations to you and explains your obligations to us for the Services. Your acceptance of this Agreement indicates that you have read, understand, acknowledge and agree to be bound by this Agreement, and all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the TLD in which you register any domain ("Registry Policies"), which are incorporated into this Agreement by reference.
2. SELECTION OF A DOMAIN NAME.
You may submit applications to DNSimple to register domain names (an "Application"). You acknowledge and agree that we cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of your application. You represent that, to the best of the your knowledge and belief, neither the registration of the domain name nor the manner in which you intend to use it, infringes upon the legal rights of a third party and further, that the domain name is not being registered for, nor shall it at any time whatsoever be used for, any unlawful purpose.
You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.
3. INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS ("ICANN").
DNSimple is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar. You acknowledge and agree that as an ICANN-accredited registrar, DNSimple is bound by an agreement with ICANN. You acknowledge and agree that DNSimple may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry concerning the TLD. As used herein, the term "Registry Operator" shall refer to the registry applicable to the TLD at issue. 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.
4. REGISTRATION REQUIREMENTS.
To the extent any TLD or ccTLD requires that 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.
As part of the registration process, You shall provide DNSimple the following information for each domain name registration, along with any other information reasonably requested by DNSimple: (a) the domain name(s) being registered; (b) the expiration date and original creation date of the registration; (c) the IP address of the primary and secondary nameservers for each domain and the corresponding names of such name servers, if not provided by DNSimple; and (d) the full name, postal address, e-mail address, telephone number, and (if applicable) fax number, of Registrant's technical and administrative contacts. We will use commercially reasonable efforts to ensure that any information collected by us as part of the registration about an identified or identifiable natural person ("Personal Data") will be used only in connection with the registration, performance of the Services, and as required or permitted by ICANN or an applicable registry policy or agreement.
You also agree to: (1) provide certain current, complete and accurate information about you including the information requested in this section and as required by the registration process, and (2) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your Application are true, complete and accurate. Both DNSimple and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section will constitute a material breach of this Agreement, which will entitle either us or a registry to terminate this Agreement and any impacted domain names immediately upon such breach without any refund and without notice to you.
4a. REGULATED TLDS.
For domain name registration in any "Regulated 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; and (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. It is your obligation to confirm whether your registration is a Regulated TLD. A list of Regulated TLDs can be found at https://support.dnsimple.com/articles/tlds-regulated.
4b. 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‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory or industry self‐regulatory 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‐regulated TLD; and (c) you will report any material changes to the validity of your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐regulated 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. A list of Highly Regulated TLDs may be found at: https://support.dnsimple.com/articles/tlds-regulated.
5. INCONSISTENCIES WITH REGISTRY POLICIES.
You agree to be bound by all Registry Policies applicable to your domain name registration (at any level). It is your responsibility to visit the applicable TLD site and review all applicable Registry Policies prior to your registration in the TLD. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
6. DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that ICANN and the Registry Operators overseeing a domain's TLD require DNSimple to publish registrant data via the "WHOIS" protocol, as modified by the ICANN Temporary Specification for gTLD Registration Data effective as of May 25, 2018, and any successor specification(s) adopted by ICANN, and that DNSimple may be required to maintain records of data and information provided by Registrant to comply with ICANN policies, including following the termination or expiration of this Agreement. DNSimple may also be required to share this data with ICANN, Registry Operators, and other third parties. Such data may include domain names, registrant names, contact information, and domain nameserver information. Registrant agrees and acknowledges that DNSimple may be required to maintain records of such data to comply with ICANN policies and for purposes of inspection (such as through a WHOIS service), or other purposes as required or permitted by ICANN and applicable laws and regulations. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by DNSimple. Registrant further represents that it has provided notice to, and obtained all applicable consents from, any third party whose Personal Data may be submitted as part of the Registration. A failure to obtain such third party consents shall be deemed a material breach of this Agreement.
DNSimple represents that it (i) will not process or store Personal Data that it obtains from Registrant in a way incompatible with the purposes and other limitations set forth in this Agreement; and (ii) will comply with industry best practices to collect and securely maintain all information (including Personal Data) provided to DNSimple by Registrant, from loss, misuse, unauthorized access or disclosure, alteration, or destruction. In no event shall DNSimple be liable for the loss, misuse, unauthorized access or disclosure, alteration, or destruction of such information to the extent not caused by the gross negligence or willful misconduct of DNSimple.
7. OBLIGATION TO MAINTAIN WHOIS.
Your (i) willful provision of inaccurate or unreliable information, (ii) willful failure promptly to update information provided to us (including Account Information), or (iii) failure to respond to an inquiry from DNSimple within seven (7) calendar days concerning the accuracy of contact details associated with the domain name registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
8. ACCEPTABLE USE.
You agree that you could be held liable and will indemnify DNSimple for all damages and losses resulting from your inappropriate or illegal use of any registered domain name including the suspension, deletion, or cancellation of your domain name registration as well as payment of monetary damages resulting from the use of a domain name that transmits unsolicited email ("Spam"); transmits repetitive, high-volume inquires into any of the Services provided by DNSimple (i.e. domain name availability, etc.); distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law links or redirects to illegal content that:
(i) 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;
(ii) 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;
(iii) infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
(iv) violates any applicable local, state, national or international law or regulation;
(v) promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law; or
(vi) advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;
You represent and agree that in the event you license use of a domain name to a third party licensee, you shall remain the holder of record for any such domain name and shall require any such third party licensee to agree, in writing, to be bound by this Agreement. You accept all liability for harm caused by the wrongful use of a domain name licensed to a third party licensee by you, unless you disclose the identity and current contact information of the third party licensee, within seven (7) calendar days, to a party providing you with reasonable evidence of actionable harm caused by the licensee.
10. TRANSFER OF OWNERSHIP.
The person named as Registrant on Whois shall be the "Registered Name Holder." The person named as administrative contact at the time the controlling account was secured shall be deemed the designee of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee"), Registrant shall require the Transferee to agree, in writing, to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by DNSimple in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes DNSimple to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf. Per ICANN policy, transfer of ownership may result in an immediate sixty (60) day domain transfer lock prohibiting transfer of the domain registration to other ICANN accredited registrars.
11. RESALE OF DOMAIN NAMES.
In the event you are purchasing a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using DNSimple's registration services, that they are in fact registering their domain name through DNSimple and that DNSimple is an accredited registrar with ICANN. You agree not to represent that you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your website.
You agree to obtain your customer's acceptance to the then current version of this Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by DNSimple, you agree that such additional terms and conditions shall not conflict with this Agreement and the policies and procedures adopted by ICANN.
You agree that DNSimple is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. You agree you will not attempt to gain access to DNSimple's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide your customers with adequate customer support, and to maintain contact with them to allow them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to DNSimple so DNSimple may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide DNSimple copies of the same.
As consideration for the Services, you agree to pay us the applicable service(s) fees prior to the effectiveness of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. Fees for all domain extensions are located at https://sandbox.dnsimple.com/tlds
13. TERM AND TERMINATION.
This Agreement will remain in effect during the term of your domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof (the "Term"). Should the domain name be transferred by you to another registrar that is not affiliated with us, the terms and conditions of this Agreement shall cease, provided that certain sections (Fees; Indemnification; Limited Liability) which by their terms survive termination shall remain in effect.
DNSimple and Registry Operator may deny, cancel, suspend, transfer, redirect or modify the Services or a domain name registration, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either DNSimple or the Registry Operator for any of the following reasons: (i) to correct prior mistakes; (ii) to protect the integrity or stability of Registrant, DNSimple and/or the Registry Operator; (iii) to comply with any applicable laws, government rules, regulations or requirements, or requests of law enforcement; (iv) to comply with an applicable dispute resolution process; (v) to prevent any civil or criminal liability; (vi) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; or (vii) if domain name use is abusive or violates Registry Policies. Abusive use of a domain is described as an illegal, disruptive, malicious or fraudulent action and includes, without limitation, 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. We may also suspend the Services and/or terminate this Agreement upon a material breach of this Agreement by Registrant. DNSimple shall not be liable to the Registrant for any loss or damages that may result from DNSimple's refusal to register, or the cancellation, suspension, transfer or modification of a domain name registration. You agree and acknowledge that your domain name registration may be subject to suspension, cancellation, or transfer pursuant to a DNSimple, Registry Operator, ICANN or government-adopted specification or policy, or pursuant to any registrar or Registry Operator procedure not inconsistent with any of the foregoing specifications or policies.
14. RENEWALS, FORFEITURE, AND DELETION.
The registered domain name will expire on the expiration date specified in the registration term, and as communicated to the Registrant. Domain names are registered for a finite period of time. Domain names may be automatically renewed if the automatic renewal option is specified. Domain names that are automatically renewed may be renewed up to 60 days prior to the published expiration date depending on the registry or registrar for the specific domain name, or other factors. Payment for automatically renewed domains will be processed using payment details on file. If you choose to disable automatic renewal, you will receive reminders prior to the expiration of your registration inviting you to renew your domain name and specifying the amount of time you have to renew your domain name. In the event that you fail to renew your domain name in a timely fashion, your registration will expire and we may, at our discretion, elect to assume the registration and may hold it for our own account, delete it or we may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be deleted from our system and/or made available for registration by a third party. If we, in our sole discretion, have elected to renew the registration, you will be entitled to a grace period of forty (40) days during which you may re-register the domain name from us. Additional costs charged by the applicable registry for the redemption and re-registration will apply. During this grace period, we may revise the "Whois" registration records to include our information. The domain name also may be listed for auction and promoted as being available for auction. If you do not re-register the domain name during the grace period, and the domain name is sold during any such auction, the auction sale will be concluded and ownership of the domain transferred to a third party at the end of the grace period. If you fail to renew your domain name registration during the grace period, you acknowledge that you have abandoned the domain name and that it is available for sale and registration by any third party.
15. MODIFICATIONS TO AGREEMENT.
You acknowledge that the practice of registering and administering domain names is constantly evolving; therefore, you agree that we may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with our agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances, or for any other reason we deem necessary in our sole and absolute discretion. All amendments to this Agreement will be posted on our website. Your continued use of the domain name registered to you will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name registration be cancelled or transferred to a different accredited registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
16. DISPUTE RESOLUTION.
You agree to be bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en and (ii) the Uniform Rapid Suspension System ("URS"), which is available at https://newgtlds.icann.org/en/applicants/urs. The UDRP and URS shall be referred to collectively as the "Dispute Policy." The Dispute Policy may be changed by ICANN (or ICANN's successor) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the Dispute Policy. If DNSimple is notified that a complaint has been filed with a judicial or administrative body regarding your domain name, we may, at our sole discretion, suspend your ability to use your domain name or to make modifications to your registration records until (i) we are directed to do so by the applicable judicial or administrative body, or (ii) we receive notification by you and the other party contesting your domain that the dispute has been settled. Further, you agree that if you are subject to litigation regarding your registration or use of your domain name, we may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from us.
17. LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for the initial registration of your domain name. DNSimple and its directors, employees, affiliates, subsidiaries, agents and third party providers, ICANN and the applicable Registry shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) access delays or access interruptions; (2) data non-delivery or data mis-delivery; (3) acts of god; (4) the unauthorized use or misuse of your account identifier or password; (5) errors, omissions, or misstatements in any and all information or Services provided under this Agreement; (6) the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
You agree to release, indemnify, and hold harmless DNSimple, its contractors, agents, employees, officers, directors and affiliates, ICANN, the applicable registries and their respective directors, officers, employees, agents and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, of third parties arising out of or relating to the registration, use or misuse of the domain name registered in your name, whether used by yourself, licensed to a third party or pursuant to the Whois Privacy Service, including without limitation infringement by you or a third party with access to your account and violation of the terms of this Agreement. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in the suspension or cancellation of your domain name. This indemnification obligation will survive the termination or expiration of this Agreement.
19. DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Services will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
Our failure to require performance by you 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.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to us must be sent to email@example.com. Any notice to you will be sent to the e-mail address provided by you in your Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 20:00 UTC, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing said notice. Postal notices to DNSimple shall be sent to:
2412 Irwin St
Melbourne, FL 32901
and in the case of notification to you shall be sent to the address specified in the "Administrative Contact" in your Whois record.
You agree that this Agreement, the applicable Dispute Policy and the rules and policies published by DNSimple and any applicable Registry or other governing authority, are the complete and exclusive agreement between you and us regarding our Services.
23. NO THIRD PARTY BENEFICIARIES.
This Agreement shall not be construed to create any obligation by either DNSimple or Registrant to any non-party to this Agreement. Enforcement of this Agreement, including any provisions incorporated by reference, is a matter solely for the parties to this Agreement.
24. GOVERNING LAW.
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the State of Florida and the federal laws of the United States of America applicable therein without reference to rules governing choice of laws. Any action relating to this agreement must be brought in either the state or federal courts of Florida and you irrevocably consent to the jurisdiction of such courts.
You attest that you are of legal age to enter into this Agreement.
26. FORCE MAJEURE.
You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, pandemics, government restrictions, storms, typhoons and floods.
28. CONTROLLING LANGUAGE.
In the event that you are reading this Agreement in a language other than English, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
You may not assign your rights under this Agreement to any party, without our consent, and any purported attempt to do so will be null and void. We may freely assign our rights and obligations under this Agreement and the Services provided by us to any party in our sole and absolute discretion.
30. ACCEPTANCE OF AGREEMENT.
You acknowledge that you have read this Agreement and agree to all its terms and conditions. You have independently evaluated the desirability of the Service and are not relying on any representation agreement, guarantee or statement other than as set forth in this Agreement.