Registration Agreement(gtlds)
This Domain Name Registration Agreement ("Agreement") is by and between Ourdomains limited, a Hongkong limited company, collectively ("Ourdomains") and Users, Users’ heirs, agents, successors and assigns ("Users"), and is made effective as of the date of electronic execution.
1. DEFINITIONS.
1.1 “Users” refers to person or entity that is paying for the Registered Name or otherwise controls the management of the registered name, when that person or entity is not the Registered Name Holder.
1.2 "We", “us” and "our" refer to the Oudomains Limited. “You” and “Your” refer to Users (Registered Name Holder).
1.3 “Registered Name” refers to a domain name within the domain of a gTLD, about which a gTLD Registry Operator (or an Affiliate or subcontractor thereof engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).
1.4 "gTLD" or "gTLDs" refers to the top-level domain(s) of the DNS delegated by ICANN pursuant to a registry agreement that is in full force and effect, other than any country code TLD (ccTLD) or internationalized domain name (IDN) country code TLD.
1.5 "Registered Name Holder" means the holder of a Registered Name.
1.6 “Successful Domain Registration” refers to users whose domain name registration application is confirmed by registry that has not any other applicants before or not violated any provisions of domain name registration as well as we have received the registration fees from users within specified period. It needs to confirm by registry if the domain name registration application is successful.
1.7 “Domain Name Registration Date” refer to in any case that registry has confirmed that the domain name is registered successfully, the electronic execution timestamp implemented by registered name holder for this Registrar’s Registration Agreement.
1.8 “Whois” refer to Ourdomains provides free public query-based access to data concerning all active Registered Names sponsored by any Registrars in any gTLD. Users can search if the domain name is registered or any details of registered name including DNS servers, domain name creation date, expiration date, and the full name, telephone number or email address of registered name holders.
1.9 "Illegal Activity" means conduct involving use of a Registered Name sponsored by Ourdomains that is prohibited by applicable law and/or exploitation of Ourdomains''''s domain name resolution or registration services in furtherance of conduct involving the use of a Registered Name sponsored by Ourdomains that is prohibited by applicable law.
1.10 "Whois Specification" means the Registration Data Directory Service (Whois) Specification attached hereto, as updated from time to time in accordance with this Agreement.
1.11 “UDRP” refers to Uniform Domain Name Dispute Resolution Policy specified by ICANN as the Consensus Policy.
1.12 “URS” refers to Uniform Rapid Suspension System, which is a rights protection mechanism that complements the existing Uniform Domain Name Dispute Resolution Policy.
1.13 “IRTP” refers to Inter-Registrars Transfer Policy specified by ICANN as the Consensus Policy.
1.14 “ERRP” refers to Expired Registration Recovery Policy specified by ICANN as the Consensus Policy.
1.15 The terms of this Agreement: it shall be the period from the creation date that the name is registered successfully through which the earlier to occur of (a) expiration date of name or (b) this Agreement is terminated
2. OVERVIEW
This Agreement sets forth the terms and conditions of Your use of Ourdomains. Domain Name Registration and represents the entire agreement between You and Ourdomains. 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. 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 Ourdomains, whether or not the transactions were in Your behalf. You acknowledge that Ourdomains is a ICANN accredited registrar bound by an agreement between Ourdomains and ICANN. You agree that Ourdomains 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 Ourdomains. Ourdomains may, in its sole and absolute discretion, change or modify this Agreement at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of this Site or the Services after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, Please do not use (or continue to use) this Site or the Services. Moreover, Ourdomains may notify you of changes or modifications to this Agreement by email or notifications on the website. Therefore, you are required to keep a current and valid e-mail address in your contact details at all times. Ourdomains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address. The account holders must keep account information reliable and accurate. You agree that the effectiveness of Electronic terms of Domain name registration agreement as same as you personally signed and sealed by the written terms, users are legally binding.
3. FEES AND PAYMENT METHOD
3.1 All the fees inculding domain name registration, domain name renewal, domain name transfer, domain name redemption can be seen at the link: http://www.ourdomains.com/Pricing
3.2 “Make payment to registry” means ICANN or any registries such as Verisign have received the payment. In consideration for the services and products ("service") purchased by Users and provided to Users by Ourdomains, Users agree to pay Ourdomains at the time service is provided.
3.3 Payment is to be made by Users by providing one of the following methods: wire transfer or Paypal. Wire transfer may take some days which may delay Users’ usage of the product or service. In consideration for any special reasons such as delay for connection to network lead to failure of adding funds by Paypal, users must contact our customer service center soon to confirm. Please also let us know if you have made payment by wire transfer successfully, our customer service center will let financial department to check and add funds into users’ account once we have received payment. The bank information details for Ourdomains Limited is available at http://www.ourdomains.com/Pay
3.4 Users must keep their own credit card information or other account information accurate, reliable and valid from time to time. Ourdomains assumes no liability or responsibility for your failure to add funds into your own account or register domains if such failure results from the inaccurate information.
3.5 If Users purchase an automatically renewing service, it is Users’ responsibility to make payment arrangements for each renewal payment. Users understand that ICANN requires Ourdomains to collect a registration fee when Users purchase their domain name registration. Users agree to pay such fees. Payments are non-refundable. If for any reason Ourdomains is unable to charge Users’ Payment Method for the full amount owed Ourdomains for the service provided, or if Ourdomains is charged a penalty for any fee it previously charged to Users’ Payment Method, Users agree that Ourdomains may pursue all available remedies in order to obtain payment. Users agree that among the remedies Oudomains may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to Users of any domain names registered or renewed on Users’ behalf.
3.6 Users agree to all the fees including registration, renewal, transfer and redemption that released by registry in the current year period. As adjusted from time to time in accordance with registry policy, users also agree to such adjustment and any disputes caused by such any adjustments. Ourdomains has the rights to immunity from litigation.
3.7 Users agree that, prior to the period from acceptance of users for this Agreement through Ourdomains confirms have received its payment, if any registration applications of users have already been grabbed by any third parties, Ourdomains assumes no responsibilities or liabilities for this.
4. REGISTERED NAME HOLDERS’RIGHTS AND OBLIGATIONS
4.1 The Registered Name Holder shall acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement as well as all the specifications attached hereto. The Registered Name Holder shall agree to abide and comply with all the terms and conditions of ICANN and any registry operator, including but not limited to ICANN, ICANN Consensus Policies, this agreement and online domain name registration application consist of the entire and unique agreement between Ourdomains and Users (Registered Name Holder). If any above terms and conditions have been changed or modified, new provisions shall be applied to any registered names.
4.2 Ourdomains will not activate any Registered Name unless and until it is satisfied that it has received a reasonable assurance of payment of its registration fee from the applicant. The registered name holder shall be subject to the current policy of any registry operator and ICANN, the future amendments to the existing domain name registration, dispute resolution policies, the relevant provisions of national laws and regulations once you initiate submission for domain name registration.
4.3 The Registered Name Holder shall provide to Ourdomains accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and the data elements of the names of the primary nameserver and secondary nameserver(s) for the Registered Name; and data elements of the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and data elements of the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
4.4 A Registered Name Holder''''s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Ourdomains concerning the accuracy of contact details associated with the Registered Name Holder''''s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
4.5 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
4.6 The Registered Name Holder shall consent to the data processing referred to in Subsection 5.1.
4.7 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 5.1 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 4.6 of any such third-party individuals.
4.8 The Registered Name Holder shall represent that, to the best of the Registered Name Holder''''s knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
4.9 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder''''s domicile and (2) where Registrar is located.
4.10 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Ourdomains or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
4.11 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder''''s domain name registration.
4.12 Whois Accuracy Specification and investigation: Registered Name Holder shall agree to abide any whois accuracy investigations from Ourdomains. a) Ourdomains will verify at the time of registration, of contact information associated with a Registered Name sponsored by Ourdomains. b) Periodic re-verification of such information. Ourdomains will, upon notification by any person or ICANN of an inaccuracy in the contact information associated with a Registered Name sponsored by Ourdomains, take reasonable steps to investigate that claimed inaccuracy. In the event Ourdomains learns of inaccurate contact information associated with a Registered Name it sponsors, The Registered Name Holder shall take reasonable steps to correct that inaccuracy. In addition, the Registered Name Holder shall acknowledge that You have read, understand and agree to be bound by all the terms and conditions set forth in Whois Specification attached hereto. In order to determine the Registered Name Holder, Ourdomains provide free WHOIS Search Service to public, the Registered Name Holder agrees to provide the data elements that set forth in Section 4.3. The Registered Name Holder agrees to update current data if any changes and ensure such data elements are accurate and valid. All the Registered Name Holders shall comply with the Addendum WHOIS Inaccuracy Program Specification in this Agreement.
4.13 The Registered Name Holder (Users) shall ensure that to register domains is not purposes for activate any venomous or illegal actions; Utilizing your domains shall not violate any law and provisions. The Registered Name Holder (Users) shall take any responsibilities if the Registered Name is offending others’ rights. The Registered Name Holder shall not seek any unjust benefit by using any domains, including but not limited to phishing, cheat, transmit virus, horse virus, obscene information, send junk emails. Ourdomains will take reasonable steps to suspend such domain name upon notification from government or any other authorized institution. Users also agree that You or Your behalf or any third parties shall not utilize the data elements that set forth in Section 4.3 to marketing activities, which including but not limited to Email, telephone, fax, SMS and remote reminders. Any third parties shall not utilize the data elements that set forth in Section 4.3 to activate bulk auto-electronic processes to any domain registries or any other ICANN-Accredited Registrars to search or sending data, otherwise this process is essential and reasonable for domain registration or change existing registration information. Any third parties shall agree that you are not allowed to resale or distribute the data elements that set forth in Section 4.3.
4.14 ICANN Expired Registrant Recovery Policy, which is adopted by ICANN board, effective 31 August 2013. The Registered Name Holder shall agree to following terms and conditions:
4.14.1 The registered name holder shall agree to maintain own domain names by yourselves, prior to the expiration of any gTLD registration, Ourdomains will send expiration notices approximately 30 days, 10 days, 5 days prior to the expiration date of registration by email. If a registration is not renewed by the Registered Name Holder, within five days after the expiration of the registration, we will transmit one additional expiration notice to the Registered Name Holder that includes instructions for renewing the registration by email. These notifications will be delivered by emails in accordance with the email addresses of Account and/or domain name WHOIS information the registered name holders have provided. The registered name holder shall keep registrant information or account information accurate, Ourdomains assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address and information. Ourdomains assumes no liability or responsibility for your failure to renew domains if such failure results from you ignore, your post office.
4.14.2 The duration of auto-renew will be approximate 30 days after expiration. Registered Name Holder is able to renew domains as per fees listed in renewal item. If the Registered Name Holder still has not renew yet, otherwise domain name will be deleted when the auto-renew period ends, you will no longer has use of that domain name.
4.14.3 When a domain name enters into the duration of auto-renew, for at least the last eight consecutive days (after expiration) that the registration is renewable by the Registrant at Expiration, the existing DNS resolution path specified by the Registrant at Expiration must be interrupted by Ourdomains to the extent that the applicable registry permits such interruptions. For instance, if your domain name is expired on 1th Oct 2013, then on 30th Oct is the deletion date, so from 22th Oct to 30th Oct, the existing DNS resolution path will be suspended by Ourdomains and domain name will be directs to our official page while the registration is still renewable by the RAE, that web page will conspicuously indicate that the domain name registration is expired and provide renewal instructions. Upon renewal of the registration by the registrant at expiration during renewable period, Ourdomains will restore the DNS resolution path set by the registrant at expiration immediately consideration of holidays, non-working days, so please watch and manage your domain names duly.
4.14.4 If the registrant at expiration still has not renew during auto-renew period, then that domain name will be deleted by Ourdomains. Once deleted, that domain name will be in redemption status for 30 days that registry provides, if you still has not restored it, then that domain name will be entered in pending delete status for 5 days. During redemption period, you are not allowed to do any DNS resolution actions or transfer. If you agree to pay the redemption fees to restore your domain name, in addition, Redemption Grace Period is offered by the respective registry, please contact our customer service center soon, we will submit your application to registry in working days to help you restore your domain name.
4.14.5 With express written consent of the Registered Name Holder indicating that has no intent to renew during auto-renew period, you acknowledge that Ourdomains has rights to delete that domain name; If Registered Name Holder neither has no express written consent nor renewed during auto-renew period, you acknowledge that Ourdomains has rights to suspend the use of that domain name and delete it when auto renew period approaches an end.
4.14.6 In the event ICANN publishes registrant education materials addressing proper stewardship of domain names and renewal and redemption of gTLD registrations online, Ourdomains will, after reasonable notice from ICANN, make this material (or similar material adapted by Ourdomains to its specific practices) available to registered name holders by:
4.14.6.1 including a link to this material in a communication sent to the registered name holder immediately following completion of the registration transaction all subsequent Whois data accuracy reminder notices, such as the annual notices required by the Whois Data Reminder Policy
4.15 Expired Domain Deletion and Auto-renew Policy: When You register a domain name successfully, automatic renewal is the default disabled which You must activate if You want Your domain name(s) to be automatically renew. Unless You disable the automatic renewal option, Ourdomains will automatically renew, renewal will occur on the expiration of registration, any domain name that is up for renewal and will take payment from the Payment Method You have on file with Ourdomains. Domain name renewals will be non-refundable. When auto-renew period approaches an end, If for any reason Ourdomains 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 time to time), click here.
4.16 Inter-Registrars Transfer Policy: Registered Name Holders shall agree and comply with the following terms and conditions:
4.16.1 Upon the receipt of initial request from Registrant to transfer domain names to Ourdomains.com, users shall confirm that this transfer request is not fraudulent and take fully responsibilities for its orders.
4.16.2 For any gTLD domain names, ourdomains will send the Form of Authorization that required by ICANN to Registrant Email Address listed in current WHOIS data upon the receipt of the initial request from Registrants, the Registered Name Holder must fully read the contents indicated in this email and confirm the Email Address is accurate and valid before submitting such requests. The transfer process can only be started until we have received express approval from the Registrant.
4.16.3 Prior to submitting the transfer request to Ourdomains.com, the Registered Name Holder shall agree to pay for transfer fee and need to confirm current balance in their accounts are sufficient. The expiration date of domain name registration will extend one year when the transfer process is completed successfully.
4.16.4 Registered Name Holders shall have fully read and agree this Agreement. Your domain names will be automatically added the status ”ClientTransferProhibited”, when the Registered Name Holder submits the transfer away request, our system will automatically remove this status. If the Registered Name is not in the status that transferring away to another Accredited Registrar, but the Registrant is required to remove it, you shall reach out to our customer support as soon as possible, upon the receipt of the initial request for removing such status from Registrant, it will be removed within five calendar days.
4.16.5 Registered Name Holder shall login to their accounts by themselves to fill out the online form if they want to submit the transfer away request for changing registrars. The Registered Name Holders shall confirm that this transfer request is not fraudulent and take fully responsibilities for its orders. Prior to submitting the transfer away request, you shall fully read our transfer Policy between registrars, if your domain name is current created less than sixty (60) days, or non-payment for previous registration after its expiration or currently in UDRP or Court order etc, your request will be denied, to see more details of our transfer policy, click here.
4.17 The Registered Name Holders shall guarantee, the domain name registration will not infringe Ourdomains or any third party''''s legal rights, including but limited to, the rights to the name, trademark and domain name rights of others. If the application for domain name registration violates this Agreement or the rights of any third party, the Registered Name Holder will undertake all the Responsibility.
4.18 The Registered Name Holder Agrees that Ourdomains assumes no liability or responsibility to examine if the domain name that you would like to apply for registration infringes someone else''''s rights; Ourdomains also assumes no liability or responsibility to examine if the domain name that other applicants want to apply for registration infringes your rights. If any third parties file against the domain name which you registered, the registered name holder agrees to negotiate with the third parties by yourselves or resolve disputes through court of law. The Registered Name Holder guarantee shall hold harmless the Ourdomains from the above disputes, otherwise the Registered Name Holder shall indemnify Ourdomains.
4.19 In consideration of the time of application for registration and making payment including other force majeure factors, Ourdomains can’t guarantee that all the domains can be registered successfully. Applicants shall not claim that you are the domain name owner if the review process by Ourdomains is not concluded. If the above happens, Ourdomains will initiate to check the status of domain name and confirm if the registration is succeeded. Meanwhile, the applicant shall contact Ourdomains as soon as possible. If the Domain Name is confirmed by Ourdomains that the applicants have not registered successfully, Ourdomains will refund the registration fees back to Users’ account. You acknowledge that Ourdomains assume no liabilities and responsibilies for any other reasons.
4.20 ICANN Uniform Domain Name Dispute Resolution Policy: Registered Name Holders shall agree and comply with Uniform Domain Name Dispute Resolution Policy that adopted by ICANN (click here) and Rules for Uniform Domain Name Dispute Resolution Policy that is effective on 31th July 2015. (click here).
4.20.1 By applying to register a domain name, or by asking Ourdomains to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in this Registration Agreement are complete and accurate; (b) to your knowledge, the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not knowingly use the domain name in violation of any applicable laws or regulations. It is your responsibility to determine whether your domain name registration infringes or violates someone else''''s rights.
4.20.2 Ourdomains will cancel, transfer or otherwise make changes to domain name registrations under the following circumstances:
4.20.2.1 Transfers of a Domain Name to a New Holder. You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to UDRP proceeding or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
4.20.2.2 Changing Registrars. You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to UDRP proceeding or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. You may transfer administration of your domain name registration to another registrar during a pending court action or arbitration, provided that the domain name you have registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.
4.20.2.3 Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction, requiring such action; br /> 4.20.2.4 Our receipt of a decision of an Administrative Panel requiring such action in any administrative proceeding to which you were a party and which was conducted under this Policy or a later version of this Policy adopted by ICANN. Upon the receipt of the Decision from Doman Name Dispute Provider that approved by ICANN, Ourdomains will notify current Registered Name Holder immediately. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten (10) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel''''s decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of Procedure for details.) If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel''''s decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
4.20.3 You are required to submit to a mandatory administrative proceeding in the event that a third party (a "complainant") asserts to the applicable Provider, in compliance with the Rules of Procedure, that(1) your domain name is identical or confusingly similar to a trademark or service mark in which the complainant has rights; and (2) you have no rights or legitimate interests in respect of the domain name; and (3) your domain name has been registered and is being used in bad faith.
4.20.4 When you receive a complaint, you should refer to Paragraph 5 of the Rules of Procedure in determining how your response should be prepared. We do not, and will not, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel.
4.20.5 We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
5. OURDOMAINS’RIGHTS AND OBLIGATIONS
5.1 Ourdomains will provide notice to each new or renewed Registered Name
Holder stating:
5.1.1 Any Personal Data (or organization) listed in Sebsection 4.3 or certificates (if necessary) collected from the applicants are purpose for verifying the identity of Registered Name Holder. In whole 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. It is important to have valid information in the WHOIS lookup because it is needed to conduct domain name transfers, to provide with these data or certificates (If necessary) is to ensure the domain name transfer is legal. In addition, it is convenient for Registered Name Holder to manage domains. It makes easier for Ourdomains to contact Registered Name Holder once the domains are expired. It is used by law enforcement for criminal investigations or other regarding court orders or disputes or any abuse reports and how to contact the Registered Name Holder.
5.1.2 Any gtlds domains data will be escrowed by ironmountain.com which approved by ICANN.
5.1.3 The Registered Name Holders must keep your domain name contact information listed in subsection 4.3 accurate and current. The email address listed in whois data must be valid, as required by ICANN, Ourdomains will verify it periodically in accordance with 2013 Registrar Accredited Agreement of ICANN. Ourdomains reserves the rights to let the registered name holder to provide us with valid certificates if there is reasonable doubt over the identity of Registered Name Holder such as transfer, law enforcement etc.
5.1.4 The registered name holders can search their own registrant information by logging to http://whois.ourdomains.com If registered name holder needs to update the data, Please login to your own account, click”Domains->My domains->find your domains (should You in fact want the domain name to be updated)”-> contact information page-> submit new data-> Save changes.
5.2 Ourdomains shall agree that it will not process the Personal Data collected from the Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Subsection 5.1 above.
5.3 Ourdomains shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
5.4 Ourdomains shall comply with the obligations specified in the Whois Accuracy Program Specification from ICANN. (a) verification, at the time of registration, of contact information associated with a Registered Name sponsored by Ourdomains or (b) periodic re-verification of such information. Ourdomains shall, upon notification by any person or ICANN of an inaccuracy in the contact information associated with a Registered Name sponsored by Ourdomains take reasonable steps to investigate that claimed inaccuracy.
5.5 Ourdomains will handle applicants’ application for registration of a domain name, submit registration fees and applicants’ documentation if as required by registry or any special cases. In consideration of premium domains reserved by registry or specific domains are reserved for government or specified community etc. Ourdomains do not guarantee applicants that all domain names will registered successfully in any express or implied way.
5.6 Ourdomains assumes no responsibility or liability for disputes regarding domain name registration if the following situations happen caused by any registry operators:
5.6.1 It had been registered by other third-party when the applicants initiate to submit the registration application for the domain name.
5.6.2 The domain name had been registered by other third-party due to the equipment issues.
5.6.3 Due to the contact information is inaccurate or certificates are not valid any longer. The previous registration of doman name had been cancelled by registry, then the domain name has been registered by other third party.
5.6.4 Any disputes issues regarding domain name holder rights caused by inaccurate information.
5.6.5 During the period from applicants initiate to make payment to the time of Ourdomains receive the payment, other third party have registered the domain name.
5.6.6 The domain name had been registered by other third party due to the applicants fail to submit information online specified by Ourdomains or other incorrect format arise with regards to the registration delay or failure.
5.6.7 The applicants fail to submit relevant valid certificates for domain name registration during specified period.
5.6.8 The domain name registry system failures or delays lead to registration failure or operator error.
5.7 If any domain name registration is under following circumstances, Ourdomains will consider the cancellation:
5.7.1 The Registered Name Holder who do not comply with this agreement including, but not limited to section 4.4, section 4.13, shall constitute a material breach of agreement and be a basis for suspending domain name DNS resoultion. Ourdomains will send a written notice to notify the Registered Name Holder indicating specific situation for breach, if the Registered Name Holder willful failure or is unable to provide any reasonable proof to prove within 15 days upon noticification, or failure to remedy such breach within 15 days upon notification, Ourdomains has the rights to cancel that domain name and any fees including registrations and/ or renewal, transfer is non-refundable.
5.7.2 The Registered Name Holder (Users) has not paied any required fees.
5.7.3 According to any decisions from any registry operator, court or domain name arbitral authority requesting Ourdomains to cancel it.
5.7.4 Any violation of law, regulations and this agreement.
6. TERM AND TERMINATION
6.1 Term of agreement. This Agreement shall be effective on the registration date of Registered Name and shall have an initial term running until the Expiration Date of Registered Name, unless sooner terminated, agreed in the other contract signed by both parties or the Registered Name Holder (Users) violate any provisions, law regulations or any policies from ICANN and any registry operator that Ourdomains has terminated the service.
6.2 Renewal. Upon the expiration date of Registered Name, this agreement will be renewed if both parties agree to continue to collaborate in accordance with current effective fees and provisions.
6.3 Termination. The Registered Name Holder (Users) who violate the terms and conditions of this agreement including but not limited to section 4.4, section 4.13 shall constitute a material breach, Ourdomains will have rights to terminate this service.
7.1 Any disputes caused by the terms and conditions of this service, both parties shall try best to negotiate with each other in friendly way.
7.2 Any disputes caused by domain registration or using domain name, the Registered Name Holder shall agree to all the terms and conditions of ICANNand comply with Section 4.9.
7.3 This Registrar-Registrant Agreement applys to any Consensus policies, provisions, regulations, disputes-resolution policy of ICANN and any registry operator.
8. FORCE MAJEURE
8.1 Definition: Force majeure, unforeseen events is unforeseeable, insurmountable, it is unable to prevent the objective incidents happen leading to a significant impact on one or both of the parties, including, but not limited to natural disasters such as floods, earthquakes, epidemics, plagues and storms, and social events such as war, riot, governmental action.
8.2 Neither Party will be liable for any failure or delay in its performance under this agreement due to force majeure or other unforeseen events.
9. NOTICES
NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided.
10.2 If any provision of this terms of this agreement is deemed to not applicable in accordance with the applicable law, all other provisions will remain in full force.
10.3 During the validity period of this agreement, due to one of following: Ourdomains comes into market, acquisition, merger with the third party, change of name, the registered name holders agree that Ourdomains can transmit rights and/or obligations to a corresponding successor.
11. WARRANTY
The REGISTERED NAME HOLDERS WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry operator(s) and all such parties, 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, the domain name registration services you are obtaining from us.
1. within fifteen (15) days of (1) the registration of a Registered Name sponsored by Ourdomains, (2) the transfer of the sponsorship of a Registered Name to Ourdomains, or (3) any change in the Registered Name Holder with respect to any Registered Name sponsored by Ourdomains, Ourdomains will, with respect to both Whois information and the corresponding customer account holder contact information related to such Registered Name:
a. Validate the presence of data for all fields required under Subsection 4.3 of the Agreement in a proper format for the applicable country or territory.
b. Validate that all email addresses are in the proper format according to RFC 5322 (or its successors).
c. Validate that telephone numbers are in the proper format according to the ITU-T E.164 notation for international telephone numbers (or its equivalents or successors).
d. Validate that postal addresses are in a proper format for the applicable country or territory as defined in UPU Postal addressing format templates, the S42 address templates (as they may be updated) or other standard formats.
e. Validate that all postal address fields are consistent across fields (for example: street exists in city, city exists in state/province, city matches postal code) where such information is technically and commercially feasible for the applicable country or territory.
f. Verify:
the email address of the Registered Name Holder (and, if different, the Account Holder) by sending an email requiring an affirmative response through confirming links designated by Ourdomains. In either case, if Ourdomains does not receive an affirmative response from the Registered Name Holder, Ourdomains shall either verify the applicable contact information manually or suspend the registration, until such time as Ourdomains has verified the applicable contact information. If Ourdomains does not receive an affirmative response from the Account Holder, Ourdomains shall verify the applicable contact information manually, but will not suspend any registration.
2. Ourdomains will not perform the above validation and verification procedures in Section 1(a) through 1(f) above, If Ourdomains has already successfully completed the validation and verification procedures on the identical contact information and is not in possession of facts or knowledge of circumstances that suggest that the information is no longer valid.
3. If Ourdomains has any information suggesting that the contact information specified in Section 1(a) through 1(f) above is incorrect (such as Ourdomains receiving a bounced email notification or non-delivery notification message in connection with compliance with ICANN''''s Whois Data Reminder Policy or otherwise) for any Registered Name sponsored by Ourdomains, Ourdomains willverify or re-verify, as applicable, the email address(es) as described in Section 1.f (for example by requiring an affirmative response to a Whois Data Reminder Policy notice).
4. Upon the occurrence of a Registered Name Holder''''s willful provision of inaccurate or unreliable WHOIS information, its willful failure promptly to update information provided to Ourdomains, or its failure to respond for over fifteen (15) calendar days to inquiries by Ourdomains concerning the accuracy of contact details associated with the Registered Name Holder''''s registration, Ourdomains will either terminate or suspend the Registered Name Holder''''s Registered Name or place such registration on clientHold and clientTransferProhibited, until such time as Ourdomains has validated the information provided by the Registered Name Holder.
5. The Registered Name Holder shall keep the whois data for domains accurate, current and complete. If any changes in this whois data, especially with respects to Registrant Contact, Administrative Contact, Technical Contact or Billing Contact such as correspondence address, telephone number, fax and email address, according to the provision of ICANN, you acknowledge that you shall update them within 7 days after changed.