REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the
terms and conditions of your use of WholeSaleNics's ("WholeSaleNics.net")
domain name registration services to register an Internet domain name,
your registration of that domain name, as well as other WholeSaleNics'
domain name related services. In this Agreement "you" and
"your" refer to each customer and "we", "us"
and "our" refer to WholeSaleNics. This Agreement explains
our obligations to you, and explains your obligations to us for various
WholeSaleNics services. By selecting our service(s) you have agreed
to establish an account with us for such services. When you use your
account or permit someone else to use it to purchase or otherwise acquire
access to additional WholeSaleNics service(s) or to cancel your WholeSaleNics
service(s) (even if we were not notified of such authorization), this
Agreement covers such service or actions. By using the service(s) provided
by us under this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement, the Domain
Name Dispute Policy and any pertinent rules or policies that are or
may be published by WholeSaleNics.
This Agreement will become effective when accepted by WholeSaleNics.
We may elect to accept or reject your domain name registration application
for any reason at its sole discretion, such rejection including, but
not limited to, rejection due to a request for registration of a prohibited
domain name.
1. Our Services
WholeSaleNics is a service partner of the OpenSRS network, of which
OpenSRS is an authorized domain reseller of an accredited registrar
with the Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names (TLDs), currently .com, .net and .org. ICANN
oversees registrations and other aspects of the TLDs. As an authorized
domain name reseller, WholeSaleNics is, upon accepting your domain name
registration application, your billing sponsor for that application.
All domain name registrations we register for TLDs are not effective
until we have delivered the domain name registration information you
provide us to the registry administrator for the TLDs, as applicable,
and the registry administrator puts into effect your domain name registration.
You agree and acknowledge that WholeSaleNics is not liable or responsible
in any way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt
of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents from
and against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related
to, your domain name registration.
2. What We Do Not Do
We cannot and do not check to see whether the domain name you select,
or the use you make of the domain name, infringes legal rights of others.
We urge you to investigate to see whether the domain name you select
or its use infringes upon the legal rights of others, and in particular
we suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we might
be ordered by a court to cancel, modify, or transfer your domain name.
You should also be aware that if we are sued or threatened with lawsuit
in connection with your domain name, we may turn to you to hold us harmless
and to indemnify us.
3. Fees
As consideration for the domain name registration services and/or other
services provided by WholeSaleNics to you, you agree to pay us, prior
to the effectiveness of the desired domain name registration, the applicable
service(s) fees for the initial registration of the domain name and,
should you choose to renew the registration, subsequent renewals of
the registration. All fees are non-refundable, for any reason after
your domain name is registered with the central registry, even if you
are forced to relinquish the domain name as a result of copyright or
trademark violation.
However, we will refund the registration fees to you, in the event that
your registration is unsuccessful for any reason. As long as the domain
name is not registered, you will get your money back. We may in our
sole discretion exchange domains which are misspelled for the correctly
spelled version provided that we are notified within 24 hours of the
initial registration of the misspelled domain.
Your requested domain name will not be registered unless we receive
actual payment of the registration fee. As further consideration for
the WholeSaleNics service(s), you agree to: (1) provide certain current,
complete and accurate information about you 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").
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection with
the payments of the registration fee for your domain name registration,
you agree and acknowledge that the domain name registration shall be
transferred to WholeSaleNics as the paying entity for that registration
to the registry. We will reinstate your domain name registration solely
at our discretion, and subject to our receipt of the initial registration
or renewal fee and our reinstatement fee, currently set at US$50.
You will be notified via an email message or via your account information
when renewal fees are due. Should these fees go unpaid within the time
specified in a second notice or reminder regarding renewal, your registration
will be cancelled. Payment must be made by credit card or such other
method as we may indicate in the registration application or renewal
form. We will renew your name for you provided your credit card or other
billing information is available and up to date, unless you instruct
us otherwise within the time specified. If your billing information
is not accurate and you wish to renew your domain name registration,
we will contact you to update this information and charge you accordingly.
4. Disclaimer and Domain Name Dispute Policy
If you request, reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to
be bound by ICANN's current Domain Name Dispute Policy which can be
found at: http://www.icann.org/dndr/udrp/policy.htm. Certain disputes,
as specified in the Dispute Policy, are subject to that Policy. You
agree that, 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. You also agree that, in the event a
domain name dispute arises with any third party, you will indemnify
and hold WholeSaleNics harmless pursuant to the terms and conditions
contained in the Dispute Policy.
5. Modifications to the Domain Registration Agreement and Dispute Policy
You agree, during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or change
to the service(s) on WholeSaleNics' web site, or on notification to
you by e-mail. You agree to review WholeSaleNics' web site, including
the Agreement, periodically to be aware of any such revisions. If you
do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail at registrar@wholesalenics.net.
Notice of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use WholeSaleNics' services
following notice of any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further agree that we,
in our sole discretion, may modify our Dispute Policy at any time. Your
continued use of the domain name registered to you shall constitute
your acceptance of this Agreement and the Dispute Policy with the new
modifications. You acknowledge that if you do not agree to any of such
changes, you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that
such cancellation or request for transfer will be your exclusive remedy
if you do not wish to abide by any changes to this Agreement or the
Dispute Policy.
6. Account Information and Its Use
a. Information You Are Required to Submit. As part of the registration
process, you are required to provide certain information and to update
this information promptly as needed to keep it current, complete and
accurate. The information you are obligated to provide in connection
with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration,
the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your registration
may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In addition
to the information you provide, we maintain records relating to your
domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to
us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence between
you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers
for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all
other activity between you and us and third parties relating to your
domain name registration and related services.
c. Your Obligations Relating to the Account Information. In the event
that, in registering the domain name, you are providing information
about or on behalf of a third party, you hereby represent that you have
(a) provided notice to that third party of the disclosure and use of
that party's information as set forth in this Agreement, and (b) that
you have obtained that third party's express consent to the disclosure
and use of that party's information as set forth in this Agreement.
By registering a name or applying for services you also represent that
the statements in its application are true and you also represent that
the Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You further agree that your failure
to respond for over ten (10) calendar days to inquiries by WholeSaleNics
concerning the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that WholeSaleNics will make available domain
name registration information you provide or that we otherwise maintain
to ICANN, to the registry administrator(s), and to other third parties
as ICANN and applicable laws may require or permit. You further agree
and acknowledge that WholeSaleNics may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through
our "Whois" service) or for other purposes as required or
permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines,
limits and/or requirements that relate to the amount and type of information
that WholeSaleNics may or must make available to the public or to private
entities, and the manner in which such information is made available.
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 and other information
by WholeSaleNics.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing your account
at our web site (<http://www.wholesalenics.net>), or via a similar
service. In order to change any of your account information with us,
you must use your Account Identifier and Password that were sent to
you when you establish your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. You agree that any
person in possession of you Account Identifier and Password will have
the ability and your authorization to modify your account information.
In no event will we be liable for the unauthorized use or misuse of
your Account Identifier or Password. WholeSaleNics will take reasonable
precautions to protect the information it obtains from you from our
loss, misuse, unauthorized access or disclosure, alteration or destruction
of that information.
7. Ownership of Information and Data
You agree and acknowledge that WholeSaleNics owns the following information
for those registrations for which we have accepted: (a) the original
creation date of the registration, (b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice telephone number,
and where available fax number of all contacts for the domain name registration,
(d) any remarks concerning the registered domain name that appear or
should appear in the Whois or similar database, and (e) any other information
we generate or obtain in connection with the provision of domain name
registration services, other than the domain name being registered,
the IP addresses of the primary nameserver and any secondary nameservers
for the domain name, and the corresponding names of those nameservers.
WholeSaleNics does not have any ownership interest in your specific
personal registration information outside of its rights in our domain
name database.
8. Agents and Licenses
You agree that, if you are registering a domain name for or on behalf
of someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered
to you to a third party, you nonetheless remain the domain name holder
of record, and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and
accurate technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise
in connection with the domain name and domain name registration.
9. Announcements
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service
partners. These announcements will be predominately informative in nature
and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the
Internet
10. Limitation of Liability
YOU AGREE THAT WholeSaleNics WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR
DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU
ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8)
THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING
FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD;
OR (10) APPLICATION OF THE DISPUTE POLICY. WholeSaleNics ALSO 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.
11. Indemnity
You agree to release, indemnify, and hold WholeSaleNics, its contractors,
agents, employees, and affiliates harmless from all liabilities, claims
and expenses, including attorney's fees, of third parties relating to
or arising under this Agreement, the WholeSaleNics services provided
hereunder or your use of our services, including without limitation
infringement by you, or someone else using any of our service with your
computer, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any WholeSaleNics operating
rule or policy relating to the service(s) provided. When WholeSaleNics
is 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 deactivation of your domain name. This indemnification
is in addition to any indemnification required under the Dispute Policy.
12. Representations and Warranties
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER
THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY
OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU
FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN
CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN
NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT
ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE
USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE 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. WholeSaleNics MAKES NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL
SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE.
NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM
US OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN.
13. Breach and Revocation
WholeSaleNics reserves the right to suspend, cancel, transfer or modify
your domain name registration or suspend, cancel or modify other services
we provide in the event (a) you materially breach this Agreement (including
the Dispute Policy) and do not cure such breach within thirty (30) days
of notice by us, (b) you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet, (c) you
use your domain name in connection with unlawful activity, or (d) grounds
arise for such suspension, cancellation, transfer or other modification
as provided for in this Agreement. You further acknowledge and agree
that your registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy, (1) to correct mistakes
by us, another registrar or the registry administrator in administering
the name or (2) for the resolution of disputes concerning the domain
name.
You also agree that we shall have the right in our sole discretion
to suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as
we receive a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
14. Right Of Refusal
We, in our sole discretion, reserve the right to refuse to register
or reserve your chosen domain name or register you for other service(s),
or to delete your domain name within five (5) calendar days from receipt
of your payment for such services. In the event we do not register or
reserve your domain name or register you for other service(s), or we
delete your domain name or other service(s) within such five (5) calendar
day period, we agree to refund your applicable fee(s). You agree that
we shall not be liable to you for loss or damages that may result from
our refusal to register or reserve, or delete your domain name or register
you for other WholeSaleNics service(s).
15. Notices
You agree that any notices required to be given under this Agreement
by WholeSaleNics to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
16. Infancy
You attest that you are of legal age to enter into this Agreement.
17. General
This Agreement, our Disclaimer and the Dispute Policy, together with
all modifications, constitute the complete and exclusive agreement between
you and WholeSaleNics, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties. The failure of WholeSaleNics
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 Policy 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 Policy unenforceable or invalid
as a whole. WholeSaleNics will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent
possible, the original objectives and our intent as reflected in the
original provision. This Agreement, our Disclaimer and the Dispute Policy
may not be amended or modified by you except by means of a written document
signed by both you and an authorized representative of WholeSaleNics.
