DOMAIN NAME REGISTRATION AGREEMENT
This Brandon Gray Internet Services Inc. d/b/a NameJuice.com, Inc. Domain Name Registration Agreement ("Agreement") is by and between Namejuice.com, Inc. ("NameJuice") a Delaware corporation and You, Your heirs, agents, successors and assigns ("You"), and is made effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of NameJuice's Domain Name Registration and represents the entire agreement between You and NameJuice. By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement, including our dispute policy and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which NameJuice may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with NameJuice, whether or not the transactions were in Your behalf. You acknowledge that NameJuice's acceptance of any application made by You for services provided by NameJuice will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar's offices located in the State of Delaware, USA.
You acknowledge that NameJuice is a registrar bound by an agreement between NameJuice and ICANN. You agree that NameJuice may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the ICANN and/or the Registry Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time by NameJuice.
In consideration for the services and products ("service") purchased by You and provided to You by NameJuice, You agree to pay NameJuice at the time service is provided. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires NameJuice to collect a small registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason NameJuice is unable to charge Your Payment Method for the full amount owed NameJuice for the service provided, or if NameJuice is charged a penalty for any fee it previously charged to your Payment Method, You agree that NameJuice may pursue all available remedies in order to obtain payment. You agree that among the remedies NameJuice may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. NameJuice reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular services. These include, but are not limited to, customer service issues that cannot be handled over email but require personal service, and disputes that require legal services. These charges will be billed to the Payment Method we have on file for You.
Domain Name Renewals
When You register a domain name, You have the option to elect that the domain name be automatically renewed upon reaching the expiration date. Automatic renewal is the default setting, which You must deactivate if You do not want Your domain name(s) to be automatically renewed. Unless You disable the automatic renewal option, NameJuice will automatically renew, for a period equivalent to the length of your original registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with NameJuice, at NameJuice's then current rates. Thus, if you have chosen to register your domain name for one year, NameJuice will automatically renew it for one year. If you have chosen to register your domain name for two years, NameJuice will automatically renew it for two years, and so on. Domain name renewals will be non refundable. If for any reason NameJuice is not able to take the payment from the Payment Method You have on file, and You fail to respond to our notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of logging into Your account manager for that domain name and manually implementing the renewal by the expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that name. You agree that NameJuice will not be responsible for cancelled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services may be automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee unless You cancel in advance.
If you fail to renew your domain name, you agree that NameJuice may, at its sole discretion, renew your expired domain name on your behalf. If NameJuice decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse NameJuice for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse NameJuice for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day redemption period during which you may pay NameJuice a Redemption fee and redeem your domain name. The Redemption fee is currently $50 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the 30 day redemption period NameJuice may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.
If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay NameJuice a redemption fee and redeem your domain name. The redemption fee is currently $50 USD and is subject to change under the terms of Section 2 of this agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force and effect as long as You have any domain name registered through NameJuice. You agree that You will not transfer any domain name registered through NameJuice to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that NameJuice may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering Your domain with NameJuice and NameJuice refunds the price of Your domain. NameJuice will not charge You a fee if NameJuice cancels Your domain name during this period because of fraud.
You agree that NameJuice may modify this agreement from time to time. NameJuice may also discontinue services it provides under this agreement. You agree to be bound by any changes NameJuice may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with NameJuice You will not receive a refund for any fees You may have paid to NameJuice.
You agree that NameJuice shall not be bound by any representations made by third parties who You may use to purchase services from NameJuice, and that any statements of a general nature, which may be posted on NameJuice's web site or be contained in NameJuice's promotional materials, will not bind NameJuice.
3. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION
You agree to notify NameJuice within five (5) business days when any of the information You provided as part of the application and/or registration process changes. It is Your responsibility to keep this information in a current and accurate status. Failure by You, for whatever reason, to provide NameJuice with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by You, for whatever reason, to respond within five (5) business days to any inquiries made by NameJuice to determine the validity of information provided by You, shall also be considered to be a material breach of this agreement. You agree to retain a copy for Your record of the receipt for purchase of Your domain name.
You agree that for each domain name registered by You, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact
You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both NameJuice and the registry operator may be required to archive this information with a third party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, You represent and warrant that, if You are providing information about a third party, You have notified the third party of the disclosure and the purpose for the disclosure and You have obtained the third party's consent to such disclosure.
You agree that for each domain name registered by You the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
- The domain name
- Your name and postal address
- The email address, postal address, voice and fax numbers for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, NameJuice may make use of the publicly available information You provided during the registration process. If You engage in the reselling of domain names You agree to provide any individuals whose personal information You've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
4. DISPUTE RESOLUTION POLICY
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that NameJuice may from time to time modify its Dispute Resolution Policy. NameJuice will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining Your domain name registrations with NameJuice after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review NameJuice's web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with NameJuice as a result of the modified Dispute Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more domain names You have registered using NameJuice, You will indemnify, defend and hold NameJuice harmless as provided for in this agreement. You also agree that if NameJuice is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using NameJuice, that NameJuice, in its sole discretion, may take whatever action NameJuice deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event You agree to hold NameJuice harmless for any action taken by NameJuice.
5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES
If You transfer any domain name You agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement . You may view the latest version of our Domain Transfer Agreement online. In order to further protect Your domain, any domain registered with NameJuice or transferred to NameJuice shall be placed on lock status. The domain must be placed on unlock status in order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name away from NameJuice to a new Registrar. You may log into Your account with NameJuice at any time after Your domain name has been successfully transferred to NameJuice, and change the status to unlock.
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 NameJuice's registration services, that they are in fact registering their domain name through NameJuice and that NameJuice 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 web site.
You agree to obtain each of Your customers' acceptances of NameJuice's then current Domain Registration 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 NameJuice, You agree that such additional terms and conditions shall not conflict with NameJuice's Domain Registration Agreement and the policies and business procedures adopted by ICANN.
You agree that NameJuice 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. Furthermore, You agree You will not attempt to gain access to NameJuice'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 with regard to providing a medium for 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 5 business days, provide such information to NameJuice so NameJuice may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide NameJuice copies of same.
6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by NameJuice is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any NameJuice procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by NameJuice or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name.
You agree that Your failure to comply completely with the terms and conditions of this agreement and any NameJuice rule or policy may be considered by NameJuice to be a material breach of this agreement and that NameJuice may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide NameJuice with material evidence that You have not breached Your obligations to NameJuice within ten (10) business days, NameJuice may terminate its relationship with You and take any remedial action available to NameJuice under the applicable laws. Such remedial action may be implemented without notice to You and may include, but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided by NameJuice to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.
NameJuice's failure to act upon or notify You of any event, which may constitute a breach, shall not relieve You from or excuse You of the fact that You have committed a breach.
7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL
You agree not to use the services provided by NameJuice, or to allow or enable others, to use the services provided by NameJuice for the purposes of:
If You are hosting Your domain's domain name servers ("DNS") on NameJuice's servers, or are using our systems to forward a domain, URL, or otherwise to a system or site hosted elsewhere, or if You have your domain name registered with NameJuice, You are responsible for ensuring that there is no excessive overloading on NameJuice's DNS systems. You may not use NameJuice's servers and Your domain as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that NameJuice reserves the right to deactivate Your domain name from its DNS system if NameJuice deems it is the recipient of activities caused by your site that threaten the stability of its network.
- The transmission of unsolicited email (Spam).
- Repetitive, high volume inquires into any of the services provided by NameJuice (i.e. domain name availability, etc.).
You agree that NameJuice, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. NameJuice also may in its sole discretion and without liability to You delete the registration of any domain name during the first thirty (30) days after registration has taken place. NameJuice may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by NameJuice in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm or use unethically minors in any way. In the event NameJuice refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a refund of any fees paid to NameJuice in connection with the registration either being canceled or refused. In the event NameJuice deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
8. LIMITATION OF LIABILITY
You agree that NameJuice's entire liability to you under this agreement, and your only remedy, in connection with any service provided by NameJuice, to you under this agreement, and for any breach of this agreement by NameJuice, shall be limited to the fees you paid to NameJuice for the particular service in contention. NameJuice and its agents and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from the use of or inability to use any of NameJuice's services or for the cost of obtaining substitute services. Because certain states do not permit the limitation of elimination of liability for certain types of damage, NameJuice's liability shall be limited to the smallest amount permitted by law. NameJuice disclaims any loss or liability resulting from:
i. access delays or interruptions to our web site or domain name registration system
ii. data non-delivery or mis-delivery between You and NameJuice
iii. events beyond our control (i.e. acts of God)
iv. the loss of registration or processing of a domain name or the use of a domain name
v. the failure for whatever reason to renew a domain name registration
vi. the unauthorized use of Your account with NameJuice or any of services provided to You by NameJuice
vii. errors, omissions or misstatements
viii. deletion of, failure to store, or failure to process or act upon email messages
ix. processing of updated information to Your registration record
x. development or interruption of Your web site
xi. errors taking place with regard to the processing of Your application
xii. application of NameJuice's Dispute Resolution Policy
xiii. any act or omission caused by You or Your agent (whether authorized by You or not)
You agree to release, defend, indemnify and hold harmless NameJuice and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including Your agents, affiliates or anyone using Your account with NameJuice whether or not on Your behalf, and whether or not with Your permission) use of the services provided by NameJuice. Should NameJuice be notified of a pending law suit, or receive notice of the filing of a law suit, NameJuice may seek a written confirmation from You concerning Your obligation to indemnify NameJuice. Your failure to provide such a confirmation may be considered a breach of this agreement.
10. REPRESENTATION AND WARRANTIES
You warrant that all information provided by You as part of the registration process is complete and accurate. You also warrant that each registration You make is being done so in good faith and that You have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.
You agree that NameJuice makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of any domain name You register with NameJuice.
NameJuice expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of NameJuice, as well as its affiliates, subsidiaries, officers, directors and employees. NameJuice also reserves the right to freeze a domain name during resolution of a dispute.
11. DISCLAIMER OF WARRANTIES
NameJuice expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. NameJuice makes no warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error free, or that defects will be corrected. NameJuice does not warrant, nor make any representations regarding the use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
12. SEVERABILITY; ENTIRETY
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the Agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between You and NameJuice regarding the services contemplated herein.
13. VENUE; WAIVER OF TRIAL BY JURY
This agreement shall be deemed entered into in the state of Arizona. Except for all disputes concerning the use of a domain name registered with NameJuice, the laws and judicial decisions of the State of Delaware, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with NameJuice, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where NameJuice is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of the State of Delaware.
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this agreement.
You agree that all notices (except for notices concerning breach of this agreement) from NameJuice.com, Inc. to You may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address You have on file with NameJuice.com, Inc. or mailed first class postage to the postal address You have on file with NameJuice.com, Inc. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to NameJuice.com, Inc. shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
NameJuice.com, Inc., 50 Acadia Ave., Suite 302, Markham, Ontario, Canada L3R 0B3 Delivery shall be deemed to have been made by You to NameJuice.com, Inc. five (5) days after the date sent.
15. PROVISIONS SPECIFIC TO ALL REGISTRATIONS
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
16. PROVISIONS SPECIFIC TO .COM, .NET, AND .CC REGISTRATIONS
You agree to indemnify, defend and hold harmless the .COM, .NET, and .CC Registry Operator, VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.
17. PROVISIONS SPECIFIC TO .ORG REGISTRANTS
You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
18. PROVISIONS SPECIFIC TO .WS (WEBSITE) REGISTRATIONS
You agree to indemnify, defend and hold harmless the .WS Registry Operator, Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.
You agree to be bound by any registry rules, policies, and agreements for this ccTLD. The registration policies for this ccTLD are available online and are incorporated herein.
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