Domain Agreement
Last Updated: Thursday, February 8, 2024
Registration Agreement
This Registration Agreement (“Agreement”) outlines the terms and conditions for your use of domain name registration and related services (“Services”). In this Agreement, “you” and “your” refer to the registrant listed in the WHOIS contact information for the domain name. “We,” “us,” and “our” refer to the registrars listed at the end of this document, any of which may be your domain name’s registrar. These registrars share common ownership, terms, conditions, and a shared Services infrastructure. To determine your domain name’s registrar, perform a WHOIS lookup at http://www.uwhois.com. You access the Services primarily through a Primary Service Provider, PDR LTD, with whom we have a wholesale relationship. Your agreement with your Primary Service Provider may have additional terms. “We,” “us,” and “our” do not include your Primary Service Provider unless specifically mentioned or if they are one of the registrars listed in this document.
Your Agreement To This Agreement
By using the Service(s), you agree to this Agreement’s terms, the UDRP, and other specific rules, policies, or agreements related to the Service(s), enforced by ICANN, registries, and governments.
Changes Over Time
This Agreement may change. If a change makes you unable to agree with the terms, your remedy is to transfer your domain name registration services to another registrar or request us to cancel your services. Continued use of the Services after a change indicates your consent. Changes become binding within 30 days of posting on the Service Providers’ website, or 15 days after email notification.
Your Account
An account is required to use the Services, typically managed by your Primary Service Provider. You are responsible for maintaining your account’s security and any access or use by you or third parties.
Service(s) Provided At Will And Termination
We and your Primary Service Provider may reject your registration application or discontinue Service(s) within 30 days of initiation or renewal. After this period, termination or suspension for cause may occur for reasons including, but not limited to, prohibited domain registration, abuse of Services, payment irregularities, or legal issues. Termination may result in transferring Services to us or a third party. Termination or suspension can affect all Services under your account. No refunds for suspension or termination for cause. We may terminate Services with 30 days’ notice. Termination attempts will include refunds, except for cause.
Our Services
MyProjectHost which operates under the umbrella of Techuapps Technologies resells domain names from ICANN-accredited registrars for Top-Level Domains (TLDs) such as .com, .net, .org, .de, co.uk, and others. The Internet Corporation for Assigned Names and Numbers (ICANN) oversees the registrations and other aspects of these TLDs. Domain name registrations become effective only when activated by the registry administrator. For a list of registry administrators and more information on TLDs, visit http://www.icann.org/tlds/. Domain name registrations are for limited terms, ending on the specified expiration date. The term for new domain names begins when acknowledged by the applicable registry; for existing domain names, the term begins upon the previous registrant’s acknowledgement by the registry. You acknowledge that MyProjectHost and your Primary Service Provider are not liable for any errors, omissions, or actions by the registry administrator related to registering, renewing, modifying, or transferring a domain name (further details on liability limitations are below). Domain name registration is a service and does not exist independently from services provided under this or similar agreements with a registrar, and it does not create a property interest.
Responsibility For Domain Name Use
You agree to indemnify and hold harmless MyProjectHost, your Primary Service Provider, and applicable registry administrators (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, etc. listed at http://www.icann.org/registries/listing.html), along with their directors, officers, employees, and agents, from any claims, damages, liabilities, costs, and expenses arising from your domain name registration services.
Exclusions From Services
Our Services do not include checks on whether your chosen domain name(s) or their use infringe on others’ legal rights. It’s your responsibility to ensure that your domain name(s) do not infringe on legal rights of others. We may be required by court orders to cancel, modify, or transfer your domain name; it’s your duty to provide accurate contact information and to communicate with litigants or authorities. We are not responsible for forwarding court orders or other communications to you.
Response To Legal Threatsc
If we face a lawsuit or a threat of a lawsuit in connection with Services provided to you, you will indemnify us and hold us harmless from the claims and expenses (including legal fees). You may be required to obtain a performance bond or deposit funds to cover anticipated expenses. This deposit will be used as expenses are incurred. We are not required to extend credit for such expenses, and we may terminate Services for failure to maintain the deposit. Any unused deposit will be returned after one year or upon the conclusion of the matter.
Dispute Resolution Policy
You agree to adhere to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), accessible at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. This policy is subject to change by ICANN or its successor. In the event of a third-party challenge to your domain name registration, you will be subject to the UDRP as in effect at the time of the dispute. Furthermore, in any domain name dispute, you agree to indemnify and hold harmless MyProjectHost under the terms of the UDRP. It is crucial to regularly monitor emails associated with your account and domain names, as failure to respond to communications regarding Services may result in loss of rights to those Services.
Fees
For the provision, renewal, and automatic renewal of Service(s), you agree to pay the necessary service fees before the activation of desired Service(s). All fees are non-refundable, even if your domain name registration is suspended, cancelled, or transferred before the end of the current registration term. We may require payment through specific methods (such as credit card or wire transfer) or request a change in payment provider.
Credit Card And Other Charges
For issues with credit card charges, you should first contact your Primary Service Provider, then us, before requesting a charge back from your credit card company. In case of a charge back or similar action, we and/or your Primary Service Provider may suspend access to all your accounts, and rights to domain name registration, website hosting, and/or email services may be transferred to us or your Primary Service Provider. Service reinstatement is subject to our discretion and payment of unpaid fees plus a reinstatement fee, currently $200(US). Charges will appear on your statement as “Domain Name Registration,” and we are not responsible for charge appearances when processed by a third party.
Expiration And Renewal Of Service(s)
Domain registrations are automatically renewed, with an opt-out available. It is your responsibility to track expiration dates and renew Services accordingly. We or your Primary Service Provider may notify you as a courtesy when renewal fees are due, but it’s not a binding commitment. Unpaid renewal fees will result in expiration or cancellation of Services. Automatic renewal attempts are made before expiration if billing information is available and up to date. Note that automatic renewal may not be available for certain TLDs.
It’s your responsibility to ensure the successful renewal of domains, as we make no guarantees for renewal attempts, especially for expired domains.
Account Contact Information And Domain Name Whois Information
You agree to provide accurate, complete, and current information for your account and WHOIS information for your domain name(s). This includes administrative, technical, and billing contact information: name, postal address, email, telephone number, and, if available, fax number. Failure to provide or update this information may lead to suspension or termination of registration or Services. You are also responsible for providing name-server information or DNS settings for your domain names. Incomplete name-server information may result in us directing your domain name to a default website until you provide the required information or upgrade from “Name Only” Services.
Your Obligations And Representations Relating To The Account And Whois Contact Information
When registering a domain name or obtaining other Service(s) on behalf of a third party, you represent that you have: (a) informed the third party about the disclosure and use of their information as outlined in this Agreement, and (b) obtained their express consent for such disclosure and use. By registering a domain name or applying for other Service(s), you affirm that your statements in the application are true and that the domain name is not being registered for any unlawful purpose. Providing inaccurate information or failing to update information promptly constitutes a material breach of this Agreement, justifying suspension or termination of Services. Failure to respond to inquiries about the accuracy of account and WHOIS contact information within ten (10) calendar days also constitutes a material breach, leading to possible suspension or termination of Service(s). It’s critical to monitor emails associated with your account and WHOIS contact information regularly, as failure to respond appropriately to an email regarding a dispute may result in loss of rights to the domain name(s) or Service(s). You are responsible for reporting discrepancies in domain name information, including incorrect expiration dates, contact information, or billing errors.
Accessing Your Account And An Important Limitation Of Our Liability
To modify your account or domain name WHOIS information, access your account with your Primary Service Provider or directly with us. Protect your account login and password from unauthorized use. We will take reasonable precautions to secure your information but are not liable for unauthorized use or misuse of your account identifier or password, provided we have taken these precautions. If unauthorized account access occurs, our liability is limited as stated in this Agreement. If you allege unauthorized account access, we may charge administrative fees for addressing the issue. Control over the account and/or domain names will be at our discretion.
Transfers
Your domain name(s) service transfers are governed by ICANN’s transfer policy (http://www.icann.org/transfers/). We may place a “Registrar Lock” to prevent unauthorized transfers, although we are not obliged to do so. To transfer your domain name(s), unlock them in your account or obtain the EPP “AuthCode.” Only the registrant and administrative contacts can approve or deny transfer requests. Transfers are restricted under certain conditions, such as within 60 days of initial registration or transfer, during disputes, bankruptcy, or fee non-payment. We follow ICANN’s procedures for both gaining and losing registrars. Transfer requests typically take five business days to process. You bear all risks for transfer failures, especially if initiated near the end of a registration term.
Privacy Policy
You consent to us making your domain registration information available to ICANN, registry administrators, and other parties as required by ICANN and applicable laws. You waive claims arising from such disclosures. ICANN may modify the amount and type of information we must disclose. We may make your information available publicly or to third parties for inspection or marketing purposes, including through bulk WHOIS data access. Our right to discontinue providing bulk WHOIS data is reserved.
Ownership Of Information And Data
We own rights in our domain name database and the information generated from it. We own specific registration information, but not your personal registration information outside our database rights.
Agents And Licenses
If you are registering a domain name for someone else, you confirm having the authority to bind them to this Agreement. If you license your domain name to a third party, you remain the holder of record and are responsible for all obligations under this Agreement, including providing accurate contact information and resolving any domain-related issues.
Use Of Free Services
In exchange for offering optional Free Services (such as URL forwarding, email forwarding, free parking page, free website hosting, free email services, among others), you agree that we may display advertising through various means like pop-up or pop-under browser windows, banner ads, audio or video streams, email appendices, etc. We may also use cookies and similar methods to aggregate usage data. Additionally, we may offer you free or low-cost domain name services (“Promotional Name(s)”). These Promotional Names will be in your account, and you’ll be listed as the registrant. To fully control these Promotional Name services (including DNS settings or transferring them), you must pay any applicable fees and agree to this Agreement’s terms for such Promotional Names. You can opt out of Promotional Name services by requesting removal as the registrant or asking us to delete the Promotional Name. If you don’t pay registration or renewal fees for domain names where you are listed as the registrant, we may point the domain to IP addresses of our choosing.
After Expiration Of The Term Of A Domain Name Registration
After a domain name’s term expires, we may direct the domain to IP addresses, including parking pages or commercial search engines that may display ads, either maintaining your WHOIS information or changing it so you’re no longer the listed registrant.
Reactivation Period Process
For about 30 days after a domain name expires, there might be a process to renew it (“reactivation period”), subject to additional fees. We’re not obligated to offer this and aren’t liable for not doing so. If we don’t offer a reactivation period, we may make expired domain names available to third parties, possibly through auctions. After the reactivation period, we may discontinue the service, maintain it, or transfer it to a third-party auction winner.
In case of discontinuation, you might be able to renew the domain during the Redemption Grace Period (“RGP”), subject to a typical fee of $250 plus registration fees. In case of continuation, we may use the domain for parking pages or commercial search engines, changing WHOIS information, without any payment obligation to you. If auctioned, the winning third party will control the domain, but you may have a chance to recover it up to 42 days after the reactivation period ends, subject to fees and verification processes.
Limitation Of Liability
We’re not liable for service suspensions, losses, or usage interruptions, including domain name registration services. Our liability doesn’t cover indirect, special, incidental, or consequential damages. Our maximum aggregate liability is limited to the total amount you paid for domain name registration, not exceeding $400.00 USD.
Indemnity
You agree to indemnify ICANN, registry operators, us, your Primary Service Provider, and related parties from any third-party claims arising under this Agreement or your use of the Services.
Representations And Warranties
You represent that your domain registration or use doesn’t infringe on third-party legal rights. All Services are provided “as is” without any warranties, except as expressly stated. We’re not responsible for any consequences arising from domain name challenges or registration usage.
Governing Law And Jurisdiction For Disputes
Disputes under this Agreement are governed by the laws of Romania, and any enforcement or dispute resolution will take place in Romania. We may serve process to you via mail or email.
Notices
Notices to you will be deemed given if delivered in accordance with the WHOIS information you have provided.
Infancy
You confirm that you are of legal age to enter into this Agreement.
General
This Agreement, along with the UDRP and any modifications, constitutes the entire agreement between us. No agency, partnership, or joint venture is created through this Agreement. Unenforceable or invalid provisions will be amended or replaced to reflect our original objectives and intent. Amendments or modifications must be in writing and signed by both parties.
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