Terms and Conditions

1. OWNERSHIP AND SERVICES PURCHASED

• 1.1. The individual or entity set out in our records as the primary billing contact shall be the owner of the account.
• 1.2. The features and details of the Services governed by this Agreement are described on the web pages setting out the particular services or products you have purchased (“Service Description Page”) based on their description on the Service Description Page as of the Effective Date, as defined below. HostNine may modify the products and services it offers from time-to-time. Should the Service Description Page change subsequent to the Effective Date, we have no obligation to modify the Service to reflect such a change. The services and products provided to you by HostNine as set out on the Service Description Page, are referred to as the “Services.”
• 1.3. Certain aspects of the Services are provided by third parties. These third parties may have reserved the right to make changes, including material changes, to the services provided by them. You may terminate this Agreement if such a change materially affects the Services.

2. TERM OF AGREEMENT

• 2.1. This Agreement becomes effective immediately when Customer clicks “I Agree.” (“Effective Date”) and remains effective and binding until terminated by either party as outlined below. This Agreement may only be modified by a written amendment signed by an authorized executive of HostNine, or by the posting by HostNine of a revised version.
• 2.2. The term of this Agreement is set to the Customer's billing term (“Term”). If no Term is set out, the Term shall be one (1) year. Upon expiration of the initial Term, this Agreement shall renew for periods equal to the length of the initial Term, unless one party provides notice of its intent to terminate as set out in this Agreement.

3. OBEYING THE LAW

• 3.1. HostNine is registered and located within the United States of America and as such, we are required to comply with the laws and official policies of the United States of America, regardless of where the Services are provided. In addition, HostNine will comply with appropriate laws and official policies set forth by the State of North Carolina.

4. PAYMENTS AND BILLING

• 4.1. HostNine will automatically bill your payment method on file up to fifteen (15) days prior to the due date on all terms of one (1) or more years; for terms less than one (1) year in length, HostNine will attempt to bill your payment method on file up to five (5) days prior to due date. All fees are billed in United States Dollars (“USD”) and are subject to change with thirty (30) days notice prior notice to you.
• 4.2. Your “Billing Term” is the period of time you have chosen to receive bills for the Services. For example, your Billing Term may be monthly, quarterly, or annually.
• 4.3. HostNine is only able to automatically collect payment from customers with credit cards stored on file (as opposed to credit cards used one for one time transactions) or active PayPal subscriptions. All other payment methods (one time credit card payments, check, money order, PayPal one time payments, etc.) must be initiated manually by you. It is your obligation to ensure that reoccurring fees are paid on their due date.
• 4.4. As a customer of HostNine, it is your responsibility to ensure that all billing information on file with HostNine is accurate, and that any credit card or other automated payment method on file has sufficient funds for processing. You are solely responsible for any and all fees charged to your payment method by the issuer, bank, or financial institution including, but not limited to, membership, overdraft, insufficient funds and over the credit limit fees. HostNine screens all orders for fraud and other unethical practices. Services will not be activated until this fraud screen is completed. In certain cases, if your account is flagged for fraud, third party services, such as domain name registrations, will not be processed. HostNine has no liability for the failure to provide Services, including third party services, if your account fails its fraud screen.

5. LATE PAYMENTS

• 5.1. Any account not paid in full by the end of the first day of the Billing Term will be given a seven (7) day grace period. If payment is not made within the seven (7) day grace period, HostNine reserves the right to suspend your Service(s) with HostNine and to charge a $10 "late penalty." Fourteen (14) days following suspension of Services for non-payment, HostNine reserves the right to terminate Service(s) for non-payment.
• 5.2. HostNine is not responsible for any damages or losses as a result of suspension or termination for non-payment of your account. In addition, HostNine reserves the right to refuse to re-activate your Services until any and all outstanding invoice(s) have been paid in full.

6. REFUND POLICY AND BILLING DISPUTES

• 6.1. HostNine offers a forty-five (45) day money back guarantee on shared web hosting, reseller packages, Cloud VPS and Hybrid plans. After the forty-five (45) day money back guarantee, eligible plans are eligible for an account credit on a prorated basis. Such credits will have any previous extended term discounts withheld from the total credit amount and will be calculated based on the number of months remaining in your billing cycle.
• 6.2. No refunds are offered on dedicated server packages, custom packages, setup fees, domain registrations, domain transfers, domain renewals, SSL certificates, WHMCS Licenses, addons, dedicated IP addresses, advanced support fees, processing fees, or software licenses. HostNine reserves the right to deduct fees for value added services that may have been included in the Services at no additional fee, such as a SSL certificate or free domain name registration, from any refunds or account credits.
• 6.3. Only first-time accounts are eligible for a refund under the 45 day money back guarantee. For example, if you had or still have an account with HostNine before, canceled and signed up again, you will not be eligible for a refund or if you have opened a second account with HostNine. In addition, refunds are not offered for accounts that are suspended or terminated for violating this Agreement.
• 6.4. Refunds will be issued only to the payment method that the original payment was sent from, and may take up to one (1) week to process. Eligible payments older than sixty (60) days may require a refund via PayPal due to HostNine's merchant account policies and procedures.
• 6.5. The following methods of payment are not refundable any circumstances (including during the money back guarantee period, if one applies), and refunds will be posted solely as credit to the hosting account for current or future Services: bank wire transfers, Western Union payments, checks and money orders.
• 6.6. HostNine will not activate new orders or provide additional Services for customers who have an outstanding balance with HostNine. For a new order to be setup or a new package to be activated, you must have a balance of $0.00, unless otherwise stated by HostNine in writing.
• 6.7. Exchange rate fluctuations for international payments are constant and unavoidable. Like all payments, all refunds are processed in U.S. dollars, and will reflect the exchange rate in effect on the date of the refund. All refunds are subject to this fluctuation and HostNine is not responsible for any change in exchange rates between time of payment and time of refund. In addition, HostNine reserves the right to refuse a refund at any time for any or no reason.
• 6.8. If you believe there is an error in HostNine's billing, you must contact HostNine about it, in writing, within thirty (30) days of the date you are billed or charged. HostNine's obligation to consider your claim is contingent on your providing it with sufficient facts for HostNine to investigate your claims. You waive your right to dispute any charges or fees if you fail to notify HostNine in writing or meet the deadline set out above. If HostNine finds that your claim is valid, HostNine agrees to credit your account on your next billing date. Third party fees are not subject to this dispute provision and are final.

7. CHARGEBACKS, REVERSALS, AND RETRIEVALS

• 7.1. If HostNine receives a chargeback or payment dispute from a credit card company, bank, or Paypal, your Services may be suspended without notice. A $50 chargeback fee (issued to recoup mandatory fees passed on to HostNine by the credit card company), plus any outstanding balances accrued as a result of the chargeback(s), must be paid in full before service is restored. Instead of issuing a chargeback, please contact HostNine's billing team to address any billing issues.
• 7.2. If HostNine appeals a chargeback or other payment dispute and wins the dispute or appeal, the funds will likely be returned to HostNine by the credit card company or bank. Any double payment resulting from this process will be applied to Customer's account in the form of a service credit.

8. CANCELLATION OF SERVICES

• 8.1. Either party may terminate this Agreement by providing notice to the other as provided herein.
• 8.2. You may cancel service by completing HostNine's cancellation form located at http://www.hostnine.com/cancel/. To reduce the likelihood of error and ensure the security of your account, HostNine does not accept cancellations via any other method or location, including, but not limited to, telephone, email, or live chat. Cancellations are not final until confirmed by a representative of HostNine in writing by email.
• 8.3. Cancellations must be requested via the form indicated above 48 hours or more prior to the Service's renewal date. If a cancellation notice is not received within the required time frame, you will be billed for the next Billing Term and are responsible for payment as set forth above.
• 8.4. If you pay HostNine via PayPal, it is your responsibility to cancel any subscription for recurring PayPal payments. HostNine (which has no control over PayPal subscription payments) is not responsible for payments made from your PayPal account after cancellation and is under no obligation to refund such payments made after cancellation.
• 8.5. HostNine may terminate this Agreement at any time by providing notice to Customers via email. Should HostNine terminate this Agreement for any reason other than a material breach, or violation of HostNine's Acceptable Use Policy, any prepaid fees shall be refunded.
• 8.6. One party may also terminate this Agreement upon the occurrence of a material breach which has not been cured by the other party within ten (10) days of their receipt of written notice of the breach. For the purposes of defining a material breach, materiality shall be determined from the perspective of a reasonable business person with significant experience in conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed to identify the breach and attempt to take corrective action.

9. REFUSAL OF SERVICE

• 9.1. HostNine reserves the right to refuse service to anyone at any time. Any material that, in HostNine's judgment, is obscene, threatening, illegal, or violates HostNine's terms of service in any manner may be removed from HostNine's servers (or otherwise disabled), with or without notice.
• 9.2. Similarly, HostNine reserves the right to cancel, suspend, or otherwise restrict access to the Service(s) it provides at any time, for any or no reason, and with or without notice. HostNine is not responsible for any damages or loss of data resulting from such suspension or termination.
• 9.3. If any manner of communication with HostNine's staff could be construed as belligerent, vulgar (curse words), attacking, highly rude, threatening, or abusive, you will be issued one warning. If the communication continues, your account may be suspended or terminated without refund. This includes, but is not limited to, threats to sue, slander, libel, publicly post, or initiate a chargeback.
• 9.4. HostNine happily accepts orders from outside the United States, but may limit accounts from certain countries with a high fraud rate. To help protect HostNine and its customers from fraud, HostNine may ask you to provide a copy of a government issued identification and/or a scan of the credit card used for the purchase. If you fail to meet these requirements, the order may be considered fraudulent in nature and denied.
• 9.5. The Services are subject to export control and economic sanctions laws and regulations administered or enforced by the United States Department of Commerce, Department of Treasury’s Office of Foreign Assets Control (“OFAC”), Department of State, and other United States authorities (collectively, “U.S. Trade Laws”). You may not use the Services to export or reexport, or permit the export or reexport, of software or technical data in violation of U.S. Trade Laws. In addition, by using the Services, you represent and warrant that you are not (a) an individual, organization or entity organized or located in a country or territory that is the target of OFAC sanctions (including Cuba, Iran, Syria, Sudan, North Korea, or the Crimea region of Ukraine); (b) designated as a Specially Designated National or Blocked Person by OFAC or otherwise owned, controlled, or acting on behalf of such a person; (c) otherwise a prohibited party under U.S. Trade Laws; or (d) engaged in nuclear, missile, chemical or biological weapons activities to which U.S. persons may not contribute without a U.S. Government license. Unless otherwise provided with explicit written permission, HostNine also does not register, and prohibits the use of any of our Services in connection with, any Country-Code Top Level Domain Name (“ccTLD”) for any country or territory that is the target of OFAC sanctions. The obligations under this section shall survive any termination or expiration of this Agreement or your use of the Services.

10. RESOURCE USAGE

• 10.1. Each customer is required to utilize as little server resources as possible, so as to allow for reasonable performance by all HostNine customers. Because server CPU and memory are shared resources, excessive consumption of these resources can interfere with or completely prevent normal service performance for other users. HostNine reserves the right to suspend or terminate Services on any account that, at its sole discretion, is abusing server resources. Such suspension or termination can occur at any time without prior warning, and for any or no reason. See Disk Space, Bandwidth, and Email Usage Definitions.
• 10.2. Enforced resource limits for shared and reseller packages:
  • 10% CPU Usage
  • 5% Memory Usage or 512 MB Memory
  • 50 Running Processes
  • 15 Minute Max Execution Time
  • 150,000 Total Inodes
  • 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered)
• 10.3 Cloud VPS services leverage a shared, network based, Storage Area Network (SAN) and shared Hardware Virtual Machines (HVM) providing Central Process Unit (CPU) time. So as to allow reasonable performance for all customers, individual customers are expected to demonstrate responsible resource usage of the Storage Area Network (disk throughput MB/s / disk IN/OUT operations per second), Hardware Virtual Machine CPU (Central Processor Unit Time), and any other shared resource not explicitly mentioned herein. HostNine regularly monitors all Storage Area Networks and Hardware Virtual Machine CPU loads for normal usage patterns and routinely evaluates customer deployments for abnormal usage patterns. HostNine reserves the right to suspend, terminate, and/or limit (such as through disk throughput limiting, in/out operation per second limiting and lowering of CPU priority) services on any account, that at its sole discretion, is using an abnormally large amount of shared resources. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.

11. BANDWIDTH USAGE

• 11.1. You are allocated a monthly bandwidth allowance depending on the hosting package you purchase. See Disk Space, Bandwidth, and Email Usage Definitions.
• 11.2. Should your account pass the allocated amount, HostNine reserves the right to: a) suspend the account until the start of the next allocation, b) suspend the account until more bandwidth is purchased at an additional fee, c) suspend the account until you upgrade to a higher level of package, and/or d) charge you an additional fee for the overages.
• 11.3. Unused transfer in one month cannot be carried over to the next month and bandwidth is not pooled among multiple servers or accounts unless otherwise specified by a representative of HostNine in writing.
• 11.4. Like other resources, customers are expected to demonstrate responsible usage of bandwidth resources, so as to allow for reasonable performance by all HostNine customers. HostNine regularly monitors bandwidth usage and reserve the right to suspend, terminate, and/or limit (such as through port speed limiting) Services on any account, that at its sole discretion, is using an abnormally large amount of bandwidth. Such suspension, termination, or limitation can occur at any time without prior warning, and for any or no reason.

12. LICENSES

• 12.1. HostNine grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by HostNine solely to access and use the Services. This license terminates on the expiration or termination of this Agreement. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in HostNine's technology shall remain with HostNine, or its licensors. You are not permitted to circumvent any devices designed to protect HostNine, or its licensor's ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
• 12.2. You grant HostNine, or to any third parties used by HostNine to provide the Services, a non-exclusive, non-transferable, worldwide, royalty free, license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, your End Users, in conjunction with the Services. This license terminates on the expiration or termination of this Agreement. All right, title and interest in your technology shall remain with you, or your licensors.
• 12.3. HostNine offers one (1) free WHMCS license per Customer with an eligible hosting package. Hosting packages that are eligible for this offer are Level 1, 2, 3, 4, and 5 Reseller Packages, US 1, 2, 3 and UK 1, 2, 3, 4, 5 dedicated server packages. Shared hosting, VPS, and cloud reseller packages are not eligible for this offer. This offer is only valid while an eligible hosting package is active and current in payments. To reduce fraud, the free WHMCS license provided is only valid for a domain that is actively hosted on HostNine owned equipment. Any account found to be violating these terms may have its license revoked without notice and charged a license fee of $9.95 for each month the account was in violation. HostNine reserves the right to disable a WHMCS license at any time for any or no reason, with or without notice. Additionally, HostNine may end this offer at any time for any or no reason, with or without notice.

13. SERVICE MODIFICATIONS

• 13.1. HostNine reserves the right to add, modify, or remove any or all features from any service HostNine provides, at any time, with or without notice. This includes, but is not limited to, disk space limits, bandwidth limits, domain limits, pricing, and third party applications. These changes can be made for any or no reason and HostNine does not guarantee the availability of any feature, whether written or implied. If the removal of a feature materially impacts your ability to use the Service, you may terminate this Agreement. For the purposes of this paragraph only, the term “materially” means that a reasonable business person would not have purchased the Services for the purposes used by you.

14. UPTIME GUARANTEE

• 14.1. HostNine guarantees that your website and services that directly affect its display to the Internet (such as HTTP or MySQL) will be accessible 99.9% of the time in any given calendar month. If HostNine fails to meet its Uptime Guarantee, you will be issued a credit equivalent to one (1) day of service per sixty (60) minutes downtime. The first 60 minutes (or 0.1%) of downtime per month are not counted towards any credit and the maximum credit available is one (1) month of service.
• 14.2. Credits are only available for future services/invoices and cannot be issued as refunds. All credit requests must be sent via our official request form at http://www.hostnine.com/credit/ no later than the tenth (10th) day of the month following the SLA (as that term is defined below) violation. Credits are issued based on the uptime for the previous calendar month only and requests not submitted within the required time frame cannot be approved.
• 14.3. The following circumstances are not eligible for credit and are specifically excluded from our Uptime Guarantee: scheduled maintenance, DDoS or similar attack, hardware failure, third-party software failure, customer maxing its resource container, issues resulting from errors or omissions by the customer, issues relating to the customer's ISP, firewall blocks/bans, or any other circumstance beyond our reasonable control. This clause does not apply to subscribers of Virtual Dedicated Server (“VDS”) or Dedicated Server packages. All credits are at the discretion of HostNine, based on its investigation of any issue that is covered by this section.
• 14.4. If HostNine provides a credit, or Service Level Agreement, for a particular Service, this shall be your sole and exclusive remedy for defects in, or issues with, the Service.

15. SUPPORT POLICY

• 15.1. HostNine will provide technical support to you twenty-four (24) hours a day, three-hundred-sixty-five (365) days a year. The only official method for technical support is viHostNine's help desk at http://support.hostnine.com. Telephone and live chat support are not official methods of support and are governed by the terms and conditions set forth in the following clause.
• 15.2. Limited support will be provided, at HostNine's discretion and subject to availability of staff, via telephone and/or live chat. HostNine will always do its best to provide fast, friendly, and helpful support over the telephone and live chat, but these options are not official methods of support and no guarantee is made as to the availability, accessibility, or technical expertise provided via these mediums.
• 15.3. Inquires via telephone or live chat support should be limited to general questions which do not require access to any account or server to investigate or resolve and should not be used to request the status of or provide updates to a help desk ticket. Any issue requiring investigation, research, or access to an account/server should be sent via the help desk. HostNine reserves the right to direct any issue to the help desk at its discretion and to refuse to provide support for such issues via telephone or live chat.
• 15.4. Resellers are responsible for supporting their own customers. HostNine does not provide support to its resellers' customers. If a reseller's customer contacts HostNine, HostNine reserves the right to place the customer account on hold until the reseller can assume its responsibility for its customer. All support requests must be made by the reseller on its customers' behalf for security purposes. Resellers are also responsible for all content stored or transmitted under their reseller's account and the actions of their customers. HostNine will hold any reseller responsible for any of its customers' actions that violate the law or the terms of service set forth in this Agreement.

16. ADVANCED SUPPORT POLICY

• 16.1. Support to Customer is limited to HostNine's area of expertise and is available only for issues related to the physical functioning of the Services. HostNine does not provide support for any third party software including, but not limited to, software offered by but not developed by HostNine. HostNine reserves the right to refuse assistance with and/or assess an "Advanced Support Fee" of $35.00 USD per hour (1 hour minimum) for any issue that, at HostNine's sole discretion, is: (a) outside the scope of standard support; or (b) caused by customer error or omission. HostNine will always ask for your permission before providing advanced support that may be subject to a fee. By providing your permission, you agree to pay Advanced Support Fees as billed.

17. BACKUP SERVICES

• 17.1. Your use of HostNine's Services is at your sole risk. This service is provided to you as a courtesy. HostNine is not responsible for files and/or data residing on your account. You agree to take full responsibility for files and data transferred and to maintain all appropriate backup of files and data stored on HostNine's servers. Any and all backup services provided by HostNine, whether paid or not, are offered with no warranty or guarantee of their date, accuracy, and integrity.
• 17.2. Backups are performed on servers that house shared and reseller packages only. No backups are performed for virtual private server (VPS/VDS) or dedicated server packages, unless you specifically purchase an additional service for this purpose. If your hosting account exceeds 150,000 inodes, the account will not be included in HostNine's automatic backup process.
• 17.3. If you ask HostNine to restore a backup of your data that is located on a backup server maintained by HostNine, you agree to pay a non-refundable "restoration fee" of $10.00 per backup restored to complete the request. By requesting that HostNine restore a backup for you, you also confirm a backup restoration will overwrite any and all current data on your account. HostNine cannot be held liable if a backup restoration does not complete successfully. HostNine will never charge a backup fee to restore a backup to address an error or omission caused by HostNine.

18. DOMAIN NAME REGISTRATIONS, TRANSFERS, AND RENEWALS

• 18.1. HostNine will make every effort to ensure domain names are registered, transferred, and/or renewed on time. If a domain name registration, renewal, or transfer is not processed when due, it is your responsibility to contact HostNine within fifteen (15) days of the incident for HostNine to investigate. Redemption fees may be charged to Customer for domains that remain expired for more than thirty (30) days, when no contact is made to HostNine in the required timeframe. HostNine's liability is limited to the amount paid for the domain name.
• 18.2 For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into HostNine. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to HostNine for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by HostNine to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).
• 18.3 For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).

19. EXPIRED DOMAIN DELETION POLICY

• 19.1. Immediately after the expiration of the term of a domain name's registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that HostNine may direct the domain name to name servers and IP address(es) designated by HostNine, including, without limitation, to no IP address or to IP address(es) which host a parking page and/or a commercial search engine that may display advertisements. You acknowledge that HostNine may either leave your WHOIS information intact or that HostNine may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
• 19.2. For a period of approximately thirty (30) days after expiration of the term of domain name registration services, you acknowledge that HostNine may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that HostNine may, but is not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that HostNine, for any reason and in its sole discretion, may choose not to offer a reactivation period and that HostNine shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which HostNine may determine at its discretion. You acknowledge and agree that HostNine may make expired domain name services(s) available to third parties, that HostNine may auction off the rights to expired domain name services (the auction beginning near the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

20. IP ADDRESS ALLOCATION

• 20.1. Any dedicated IP order, in addition to ones provided with a hosting package, may be subject to IP justification. Justification practices are subject to change to remain in conformity with policies of American Registry for Internet Numbers (“ARIN”). HostNine reserves the right to deny any dedicated IP request based on insufficient justification or current IP utilization.

21. ACCEPTABLE USAGE POLICY

• 21.1. You shall use HostNine's services only for lawful purposes. Transmission, storage, or presentation of any information, data, or material in violation of the laws of the State of North Carolina or the United States is prohibited. This includes, but is not limited to: copyrighted material in which you are not the copyright holder, material that is threatening or obscene, or material protected by trade secrets or other statutes. You agree to indemnify and hold harmless HostNine from any claims resulting from the use of the service which damages you or any other party.
• 21.2. HostNine reserves the right to terminate Services for any customer or End User activity that exposes it to legal liability or endangers its ability to provide services to other customers. The contents, links, or actions on any Services listed below are a violation of this Agreement. This is not an exhaustive list, but is designed to assist you in evaluating whether HostNine is the appropriate service provider for you:
  • Child Pornography - Hosting, Distributing, or Linking to Pornography Involving a Person Under Legal Age
  • Copyright Infringement - Hosting, Distributing, or Linking to Copyright Infringed Materials
  • CPU/Memory/Resource Abuse - Consuming Excessive Amount of Server Resources Causing Server Performance Issues
  • DoS Source - Source of Denial of Service Attack
  • DoS Target - Target of Denial of Service Attack
  • File Scripts - File Dump/Mirror Scripts (similar to rapidshare)
  • Forgery - Faking an IP Address, Hostname, E-Mail Address, or Header
  • Fraud Site - Hosting or Linking to a Website Intended to Deceive the Public including, but not limited to sites listed at aa419.org & escrow-fraud.com
  • HYIP - Hosting or Linking to a High Yield Investment Program Website
  • Identity Theft - Hosting, Distributing, or Linking to Stolen Account Identification Information
  • Infection - Hosting, Distributing, or Linking to Exploits, Trojans, Viruses, or Worms
  • Investment Sites - FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme, High-Yield Interest Programs (HYIP) or Related Sites
  • IRC - Internet Relay Chat Server, including IRC Scripts/Bots
  • Mass Storage - Storing Mass Amounts of Backups, Archives, Videos, etc.
  • PayDay Loan Sites - including any site related to PayDay loans, PayDay loan affiliate programs, etc.
  • Pharmacy Sites - Sites that engage in the illegal distribution of prescription medications, including, but not limited to, promotion, marketing, or sale of prescription medications without a valid prescription.
  • Phishing - Identity Theft by Email Under False Pretense
  • Proxy Site - Hosting of or linking to an Anonymous Proxy Server
  • Bulk Email - No more than 500 emails of similar content (Opt In)
  • Spam Email - Unsolicited Commercial Email (UCE) or Unsolicited Bulk Email (UBE)
  • Spam List - Hosting, Distributing, or Linking to Email Address Lists for Spam
  • Spam Site - A Site Advertised by Spam Email or Spam Web
  • Spam Ware - Hosting, Distributing, or Linking to Software Designed for Spamming
  • Spam Web - Unsolicited, Bulk, or Forged Site Advertisement in Web Logs, Forums, Guestbooks, or Social Media
  • Spamhaus - Spam Causing Blacklisting of an IP at www.spamhaus.org for Malicious Activity
  • Terrorist Site - Hosting or Linking to a Site Advocating Terrorism
  • Toolz - Hosting, Distributing, or Linking to Tools or Instructional Material on Hacking/Cracking or Other Illegal Activity
  • Trademark - Hosting, Distributing, or Linking to Trademark Infringed Materials
  • Warez - Hosting, Distributing, or Linking to Crackz, Hackz, KeyGenz, Serialz, or Pirated Software
  • Any other material HostNine judges to be threatening or obscene.
• 21.3. In addition, hosting accounts may not be resold unless the account is a Reseller account, VPS, or dedicated server. You may not resell individual services within any single account such as web space, emails accounts, add on domains, or mailing lists. All domains, add-on domains, and sub domains must be for sites controlled by or promoting published content or businesses that are solely controlled by the owner of the account as described above.
• 21.4. HostNine's designated agent for receipt of copyright complaints is: Douglas Hanna. You may contact HostNine's agent via email by emailing abuse at hostnine dot com (please make replacements as necessary). Copyright complaints are handled pursuant to the Digital Millennium Copyright Act (“DMCA”). Complaints that do not comply with the DMCA will not be processed. You are required to comply with the DMCA in using HostNine's Services, and presenting copyright complaints.

22. RESTRICTIONS ON STORAGE SPACE USAGE

• 22.1. All accounts are subject to the following restrictions on storage space usage: a) accounts must have valid, working websites, and not violate any previously subscribed terms; b) accounts are not for use of mass storage of backups, files, audio, video, zip files or others, as determined by HostNine, at its sole discretion; and c) accounts are not for use of mass distribution of files, such as torrents or mirrors. Any account found violating these terms may be suspended or terminated without warning.

23. MULTI-LOCATION HOSTING

• 23.1. HostNine does not guarantee the availability of any and all host locations, and reserves the right to add, move, modify, or remove any location at any time without notification. HostNine also reserves the right to deny the transfer of any account to a new location for any or no reason.

24. WARRANTIES

• 24.1. Your Warranties to HostNine
  • 24.1.1. You represent and warrant to HostNine that: (i) you have the experience and knowledge necessary to use the Services; (ii) you will provide HostNine with material that may be implemented by it to provide the Services without extra effort on HostNine's part; and (iii) you have sufficient knowledge about administering, designing, and operating the functions facilitated by the Service to take advantage of it.
  • 24.1.2. You expressly warrant that you own the entire right, title and interest to, or have an appropriate license to use, all material provided to HostNine, or which may be accessed or transmitted using the Services. You also warrant that to the extent you do business with other parties using the Services, that they have the same ownership interests in the materials provided to you, or accessed via you, that are set out in this paragraph.
• 24.2. HostNine's Warranties
  • 24.2.1. YOU EXPRESSLY AGREE THAT USE OF HOSTNINE'S SERVICES IS AT YOUR OWN RISK. THE SERVICES ARE PROVIDED AS-IS AND AS-AVAILABLE. OTHER THAN AS EXPRESSLY SET OUT IN THIS AGREEMENT, HOSTNINE HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, THE WARRANTIES OR NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, WARRANTIES OR MERCHANTABILITY, AND/OR TITLE. NEITHER HOSTNINE, ITS PARENT, ITS EMPLOYEES, AGENTS, RESELLERS, THIRD PARTY INFORMATION PROVIDERS, MERCHANTS LICENSERS OR THE LIKE, WARRANT THAT HOSTNINE'S SERVICES WILL NOT BE INTERRUPTED OR BE ERROR-FREE; NOR DO THEY MAKE ANY WARRANTY AS TO THE RESULTS THAT MIGHT BE OBTAINED FROM THE USE OF THE SERVICES OR AS TO THE ACCURACY, OR RELIABILITY, OF ANY INFORMATION SERVICE OR MERCHANDISE CONTAINED IN OR PROVIDED THROUGH HOSTNINE'S NETWORK, UNLESS OTHERWISE EXPRESSLY STATED IN THIS AGREEMENT. HOSTNINE SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING SERVICES PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE SERVICES APPEAR TO BE PROVIDED BY HOSTNINE. NO WARRANTIES MADE BY THESE THIRD PARTIES TO HOSTNINE SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
  • 24.2.2. THE WARRANTY DISCLAIMERS CONTAINED IN THIS AGREEMENT EXTEND TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM HOSTNINE, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
  • 24.2.3. SOME STATES DO NOT ALLOW HOSTNINE TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO NINETY (90) DAYS FROM THE EFFECTIVE DATE.
• 24.3. The parties expressly disclaim the applicability of the United Nations Convention on the International Sale of Goods.

25. LIMITATION OF LIABILITY

• 25.1. YOU ALSO ACKNOWLEDGE AND ACCEPT THAT ANY DAMAGES WILL BE LIMITED TO NO MORE THAN THE FEES PAID BY YOU FOR ONE (1) MONTH OF SERVICE.
• 25.2. UNDER NO CIRCUMSTANCES, INCLUDING NEGLIGENCE, SHALL HOSTNINE, ITS OFFICERS, AGENTS OR THIRD PARTIES PROVIDING SERVICES THROUGH HOSTNINE, BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, PUNITIVE OR CONSEQUENTIAL DAMAGES WHATSOEVER, INCLUDING BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY THIRD PARTY; OR THAT RESULTS FROM MISTAKES, OMISSIONS, INTERRUPTIONS, DELETION OF FILES, ERRORS, DEFECTS, DELAYS IN OPERATION, OR TRANSMISSION OR ANY FAILURE OF PERFORMANCE, WHETHER OR NOT LIMITED TO ACTS OF GOD, COMMUNICATION FAILURE, THEFT, DESTRUCTION OR UNAUTHORIZED ACCESS TO HOSTNINE RECORDS, PROGRAMS OR SERVICES. YOU AGREE THAT THIS PARAGRAPH APPLIES EVEN IF HOSTNINE HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU HEREBY ACKNOWLEDGE THAT THIS PARAGRAPH SHALL APPLY TO ALL CONTENTS ON ALL SERVERS AND ALL SERVICES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS, HOSTNINE'S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.

26. INDEMNIFICATION

• 26.1. You agree to indemnify, defend and hold harmless HostNine, and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an “indemnified party” and collectively, “indemnified parties”) from and against any and all claims, damages, losses. liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorneys' fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of, or relating to: (i) your use of the Services; (ii) any violation by you of any of HostNine's policies; (iii) any breach of any of your representations, warranties or covenants contained in this Agreement; or (iv) any acts or omissions by you. The terms of this section shall survive any termination of this Agreement. For the purpose of this paragraph only, the terms used to designate you include you, your customers, visitors to your website, and users of your products or services the use of which is facilities by HostNine.

27. GOVERNING LAW AND DISPUTES

• 27.1. This agreement shall be governed by the laws of the State of North Carolina, exclusive of its choice of law principles, and the laws of the United States of America, as applicable. Exclusive venue for all disputes arising out of or relating to this Agreement shall be the state and federal courts in Durham County, North Carolina, and each party agrees not to dispute such personal jurisdiction and waives all objections thereto.

28. PARTIAL INVALIDITY

• 28.1. If any provision of this Agreement is held to be invalid by a court of competent jurisdiction, then the remaining provisions shall nevertheless remain in full force and effect. HostNine and Customer agree to renegotiate any term held invalid and to be bound by mutually agreed substitute provision.

29. CHANGES TO THE TERMS OF SERVICE

• 29.1. HostNine reserves the right to modify this Agreement, in whole or in part, from time-to-time. HostNine will provide you with notices of such a change by posting notice on your control panel. Unless HostNine is required to make a change in an emergency, any change will be effective thirty (30) days after it is posted. If such a change materially diminishes your ability to use the Services, you may terminate this Agreement. You are encouraged to review the content of this Agreement on a regular basis.

30. ASSIGNMENT

• 30.1. This Agreement may be assigned by HostNine. It may not be assigned by you. This Agreement shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.

31. FORCE MAJEURE

• 31.1. Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party's reasonable control, including, without limitation, acts of God, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, failure of telecommunication carriers, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day-to-day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible but in no event less than ten (10) days from the beginning of the event.

32. NO WAIVER

• 32.1. No waiver of rights under this Agreement or any HostNine policy, or agreement between Customer and HostNine shall constitute a subsequent waiver of this or any other right under this Agreement.

33. NO AGENCY

• 33.1. This Agreement does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever.

34. SURVIVAL

• 34.1. The following paragraphs shall survive the termination of this Agreement: 19, 25 through 28, and 34.

GENERAL INSTRUCTIONS:

• Complaints must be filed in the form of either an email, letter or a faxed document. Our contact information is as follows:
  • Email: copyright@hostnine.com
  • Mailing address: HostNine Inc., ATTN: DMCA Compliance, 2500 Ridgepoint Drive, Suite 105c, Austin, TX 78754
  • Fax: (678) 298-6780
• Please only send your complaint via one of the mediums listed above. It is not necessary to send it to us in multiple formats.
• Or, you may use our online form at hostnine.com/terms-and-conditions/dmca/submit
• All complaints, regardless of how they are submitted, must include the following: a reasonably sufficient amount of contact information (including a working phone number), reasonably sufficient and specific information about the alleged violation, correct formatting in accordance with DMCA requirements (detailed below).

FORMATTING:

• The form of notice specified below is consistent with the form suggested by the United States Digital Millennium Copyright Act (the full text of which can be found here: www.copyright.gov).
• If you wish to file a complaint with us regarding infringement, please note that you are liable if you misrepresent that any product or activity is infringing upon your copyright(s). If you are not sure whether material available online infringes your copyright, we strongly suggest that you consult an attorney before filing a complaint.
• To ensure that we process your request as quickly as possible, include all of the following:
  • Identification of the material that is claimed to be infringing, and information sufficient to permit us to locate the material. Providing URLs in the body of an email is the best way to help us locate content quickly. It is not sufficient to state “all infringing material.” The DMCA requires your notices to include all URLs that contain the infringing material.
  • Information to permit us to contact you, such as an address, telephone number, and, if available, an electronic mail address at which you may be contacted. You may not present an anonymous DMCA complaint.
  • Your complaint must include the following statement: "I have a good faith belief that use of the copyrighted materials described above as allegedly infringing is not authorized by the copyright owner, its agent, or the law."
  • Your complaint must also include the following statement: "The information in the notification is accurate and that, under the penalty of perjury, I am the copyright owner or am authorized to act on behalf of the owner of an exclusive right that is allegedly infringed."
  • Sign the document.

NOTICES AND COUNTER-CLAIMS:

• HostNine may document the cases of copyright infringement upon which we act. As with all legal notices, a copy of the notice will be made available to the public and/or sent to third parties who may make it available to the public.
• The safe harbor provisions of DMCA requires that we notify subscribers if their materials have been removed as a result of an alleged copyright infringement. These provisions also require us to give the subscribers an opportunity to send a written notice to us stating that their material has been wrongly removed.
• If a subscriber does indeed provide a proper “counter-notice” to the initial claim we will follow the counter notice provisions of the DMCA.

HIPAA Disclaimer

• 35.1. We are not "HIPAA compliant." Users are solely responsible for any applicable compliance with federal or state laws governing the privacy and security of personal data, including medical or other sensitive data. Users acknowledge that the Services may not be appropriate for the storage or control of access to sensitive data, such as information about children or medical or health information. HostNine does not control or monitor the information or data you store on, or transmit through, our Services. We specifically disclaim any representation or warranty that the Services, as offered, comply with the federal Health Insurance Portability and Accountability Act ("HIPAA"). Customers requiring secure storage of "protected health information" under HIPAA are expressly prohibited from using this Service for such purposes. Storing and permitting access to "protected health information," as defined under HIPAA is a material violation of this User Agreement, and grounds for immediate account termination. We do not sign "Business Associate Agreements" and you agree that HostNine is not a Business Associate or subcontractor or agent of yours pursuant to HIPAA. If you have questions about the security of your data, you should contact customer support.

How much disk space and bandwidth will my H9 plan include?

• There are no set limits on the disk space or data transfer (bandwidth) that we provide in our shared hosting plans. We want you to have all the resources you need to build a great online presence, and most customers will have more than enough disk space and bandwidth to meet their needs.
• That being said, we do require all customers to be fully compliant with our Terms of Service and utilize disk space and bandwidth in the normal operation of a personal or small business website. In rare instances, we may need to put constraints on accounts that are using resources beyond what would be expected in the normal operation of a personal or small business website.
• Typically, HostNine customers only run into issues if they use their accounts for storage or file sharing purposes, which is not what our services are intended to support.
• In accordance with our Terms of Service, the disk space and bandwidth you use must be integrated into the normal operation of your website.

How do you determine "normal" operation?

• We run customer bandwidth and disk space utilization through a series of statistical analyses on a regular basis, and use the results of these studies to define "normal".
• Any questions about whether your website will fall into the normal range? Feel free to contact our team! We'll be happy to talk about your specific needs before you purchase your hosting plan.

What happens if I exceed "normal" usage?

• If we have concerns about your account's bandwidth or disk space utilization, you will receive an email asking you to reduce usage. Generally, we provide customers with a minimum of 48 hours to make these adjustments before taking the account offline.
• Again, the most common situations involve customers who use their accounts for storage of files—particularly multimedia files—that are not linked off of their websites. It is a very rare occasion for a customer who is managing a personal or small business website to exceed normal usage.

H9's Email Usage

• While HostNine allows its hosting customers to create unlimited mailboxes (i.e., POP/IMAP accounts), each domain is limited to 500 outgoing email messages per 60 minute period (all excess messages will be discarded and not delivered.)
• Thanks for choosing HostNine.

Our Services

• Your domain registration will be effective upon occurrence of all of the following.
  • You accept all terms and conditions of this Registration Agreement, the Terms of Service, Privacy Policy and Acceptable Use Policy;
  • HostNine accepts (in its sole discretion) your domain registration application;
  • HostNine receives payment of the registration, renewal and reinstatement fees, as applicable; and
  • HostNine delivers the domain registration information you provide to the registry administrator for the applicable TLDs and the Registry Administrator puts into effect your domain registration application.

Limitation of Liability

• You understand that HostNine does not control all aspects of the domain registration process. For example, once you submit a domain registration, HostNine forwards the information contained in the registration to the appropriate Registry Administrator for processing and actual registration of the name. HostNine disclaims, and you agree, that HostNine is not liable for any inaccuracies regarding the registration information relating to (i) the input of the information by you; and (ii) the input of the information by the Registry Administrator. HostNine will not be held liable, nor refund a domain name registration due to spelling errors/typos.

Multiple Domain Registrations

• HostNine, in accordance with ICANN policies, reserves the rights to refuse to register multiple domain registrations.

Fees

• Payment of fees as a condition to domain registration. As consideration for the domain registration service provided by HostNine, you agree to pay HostNine, prior to the effectiveness of the desired domain registration, all registration and other applicable fees as indicated via the payment method selected at the time of registration. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled or transferred prior to the end of your then-current registration term. It is the responsibility of the listed registrant for the domain name to maintain records appropriate to document and prove the initial domain name registration date.
• Reservation of right to modify fees. HostNine reserves the right to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice, for any reason, at its sole discretion.
• Credit card charge-backs for domain registrations. In the event of a charge-back to HostNine by the credit card company (or similar action by another payment provider used by us) for the credit card used in connection with the payment of the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to HostNine, as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain including, without limitation, the right to make the domain available to other parties for purchase. HostNine also reserves the right to lock your account and the remainder of your domains until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In HostNine's sole discretion, we may reinstate your domain registration, subject to HostNine's receipt of the registration fee and any administrative and/or chargeback fees described above.
• Credit card charge-backs for non-domain registration services. In the event of a charge-back by the credit card company (or similar action by another payment provider) for the credit card used in connection with the payment of a non-domain registration fee, you agree and acknowledge that service shall not initiate or will be discontinued, if previously in use, and any information maintained by the service may be deleted along with your account and the remainder of your services being locked until we receive your payment of any administrative fees and/or chargeback fees in the amount of $25. In HostNine's sole discretion, we may reinstate your services, subject to HostNine's receipt of the non-domain registration fee and any administrative and/or chargeback fees described above.

Required Domain Registration Information

• Registration information. As part of the domain registration process and in accordance with ICANN policies, a Registered Name Holder is required to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the "Registration Information"):
  • The domain registrant's name and postal address;
  • The domain being requested;
  • Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain; and
  • Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain; and
  • Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain.
• Additional registration information. In addition, in accordance with ICANN policies, HostNine is obligated to submit and keep current, complete and accurate additional information relating to a domain registration, which may include the following (collectively, "Additional Registration Information"):
  • The original creation date of the domain registration;
  • The submission date and time of the registration to us and by us to the proper registry;
  • Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
  • Account records for your domain registration, including dates and amounts of all payments and refunds;
  • The IP addresses of the primary nameserver and any secondary nameservers for the domain;
  • The corresponding names of those nameservers;
  • The name, postal address, email address, voice telephone number, and where available, fax number of the technical contact for the domain;
  • The name, postal address, email address, voice telephone number, and where available, fax number of the administrative contact for the domain;
  • The expiration date of the registration; and
  • Information regarding all other activity between you and us regarding your domain registration and related services.
• Use of Registration Information and Additional Registration Information. You agree and acknowledge that HostNine will make available the Registration Information and the Additional Registration Information to ICANN; to other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA, Inc., Global Domains International; and as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN and the Registry Administrators may establish guidelines, limits and/or requirements that relate to the amount and type of information that HostNine may or must make available to the public or to private entities, and the manner in which such information is made available. Further, 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 (including any updates to such information), whether during or after the term of your registration of the domain. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise or have arose from such disclosure or use of your Registration Information and the Additional Registration Information.
• Information updating and accuracy obligations. As a condition to continued registration of your domain, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify or update your Registration Information by accessing HostNine's domain manager service, domain management console or similar service, made available at our website. In accordance with ICANN policies, you acknowledge and agree that if you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Registration Agreement and we may in our sole discretion cancel your domain registration. You further agree that your failure to respond within ten (10) days to any inquiry by HostNine concerning the accuracy of the Registration Information or to contact HostNine immediately upon discovery of any willful inaccuracy (including, e.g., phone number listed as 000-0000) associated with your domain registration shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.
• Information requirements for renewals. Upon renewal of your domain 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 domain registration may not be renewed.
• Ownership of data. You agree and acknowledge that HostNine owns all database, compilation, collective and similar rights, title and interests worldwide in our domain database ("Domain Database"), and all information and derivative works generated from such Domain Database, which contains Registration Information and Additional Registration Information. You further agree and acknowledge that HostNine may use the following information for those domain registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, email address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain registration; (d) any remarks concerning the registered domain that appear or should appear in the WHOIS or similar database; and (e) any other information HostNine generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain, and the corresponding names of those nameservers. HostNine does not have any ownership interest in your specific personal registration information outside of its rights in its Domain Database. HostNine agrees to take reasonable precautions to protect your specific personal registration information from loss, misuse, unauthorized access or disclosure, alteration or destruction.
• Registrant Verification. You understand and agree that Registrar is required to verify the Registered Name Holder's email address within 15 days of any registration, transfer, or change to the Registered Name Holder's contact information. The Domain Name Holder's failure to verify the contact information within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).
• In addition, you understand and agree that Registrar is required to verify any changes to any WHOIS contact information within 15 days of any change. The Domain Name Holder's failure to verify such changes within 15 days constitutes a material breach of this Registration Agreement and will result in the immediate suspension of the domain name(s) and associated service(s).

Domain Privacy Service

• If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by HostNine as determined in its sole discretion (the "Private WHOIS Contact Information").
• Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Registration Agreement.
• The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. HostNine may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
• Notwithstanding anything to the contrary, you agree that HostNine may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize HostNine to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that HostNine is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, HostNine will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize HostNine to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you. You agree to waive any and all claims arising from your failure to receive communications directed to your domain name but not forwarded or referred to you by HostNine.
• If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
• Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search. General pricing information for Domain Privacy is available here. Domain Privacy renewals after initial purchase will be at the standard list price, which is available by logging in to your account.
• HostNine expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Service and/or reveal the Registration Information in any public WHOIS search or to any third party at any time without notice to you:
  • To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
  • To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;
  • To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;
  • In the event you breach any provision of this Registration Agreement or any other agreement you've entered into with HostNine, including, but not limited to, the Terms of Service;
  • To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
  • To avoid any financial loss or legal liability (civil or criminal) on the part of HostNine, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
  • To prevent inappropriate activity that comes to HostNine's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
• Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing the 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 any harm caused by wrongful use of the Registered Name, unless the Registered Name Holder discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party that provides the Registered Name Holder reasonable evidence of actionable harm.

Domain Parking

• Upon registration, the domain will be automatically placed on name servers provided by HostNine, and Internet users that type in the domain will be redirected to a "coming soon" page (collectively, "parking a domain" or a "parked domain"). There is no charge for parking a domain. You hereby consent to and authorize HostNine's placement of a "coming soon" page, and its associated contents, on your parked domain. You may change the name server configuration (or "un-park" the domain) after the registration is complete. If you need to register name servers using the domains that you are currently registering, the names will initially be parked with HostNine until you modify the name servers after the domain registration is complete, using your account manager.
• In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an "expired" page (collectively, "parking a domain" or a "parked domain"). There is no charge for the parked domain. By not renewing the domain, HostNine may place an "expired" page, and its associated contents, on the parked domain. You may change the name server configuration (or "un-park" the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with HostNine until you modify the name servers after the domain renewal is complete, using your account manager.
• The "coming soon" and/or "expired" pages may contain advertisements and other materials selected by HostNine, in HostNine's sole discretion. This may include, but is not limited to third-party websites, third-party product and service offerings, and/or Internet search engines. HostNine reserves the right to collect and retain all revenue obtained from such advertising and other materials.
• 404 Error Page. In the event you fail to configure a 404 error page, a default 404 error page will be configured by HostNine to appear in the event an Internet user enters a URL related to your domain but for which no file is associated. By not configuring a 404 error page, you hereby consent to and authorize HostNine's placement of a default 404 error page and its associated content on your website. HostNine's 404 error page may contain advertisements and other materials selected by HostNine in HostNine's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines. You may change the 404 error page configuration at any time. HostNine reserves the right to collect and retain all revenue obtained from such advertising and other materials.
• DNS Wildcard. In the event you utilize HostNine's DNS management services and fail to configure a wildcard DNS for your domain, HostNine may insert wildcard DNS records to resolve subdomains of your domain that would not otherwise resolve. HostNine may point those subdomains to a web page that may contain advertisements and other materials selected by HostNine in HostNine's sole discretion. This may include, but is not limited to, third-party websites, third-party product and service offerings, and/or Internet search engines.

Registration Renewal

• Renewal obligations. You are solely responsible for ensuring that any and all domains and additional services are renewed prior to their expiration, should you so desire their renewal. You may renew your domain at any time before the expiration date. HostNine shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
• You may be notified at HostNine's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by such other method as we indicate in the renewal form. If your billing information is not accurate, you are solely responsible for the failure to renew. Additional information about domain renewal and expiration are available here. Current renewal and redemption fees are available here.
• Autorenewal. You agree that if you paid for any services provided hereunder by credit card or other payment service (such as PayPal), you hereby authorize but do NOT obligate, HostNine to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to HostNine, unless you notify HostNine that you do not wish to participate in HostNine's automatic renewal process. HostNine must receive notification of your intent to not renew (opt-out) no later than sixteen (16) days prior to the renewal date. In the absence of such notification from you, HostNine will automatically renew, for a period of one (1) or two (2) years, as set forth by the applicable registry depending on the TLD or ccTLD of your domain name, any domain that is up for renewal and will charge the credit card or payment service account you have on file with HostNine, at HostNine's then current rates. You are solely responsible for the credit card or other payment information you provide to HostNine and must promptly inform HostNine of any changes thereto (e.g., change of expiration date or account number). If the credit card or payment service account has expired or is otherwise invalid, you are solely responsible for a failure to renew and HostNine shall not be liable for your failure.
• Expired domain names. You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of registration and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party on your behalf as an Expired Domain Transfer ("ED Transfer").
• New customers through domain auction or brokerage partners and/or ED Transfers. If you are registering a domain name that was registered with, and not yet deleted by, HostNine at the time of your purchase, you acknowledge and agree that the term of your registration will be for a period of one year from the original expiration date for the domain name immediately prior to your purchase, as the registration is the result of an ED Transfer (defined above). You will not be compensated for the inability to use the domain from the time it was expired until the time you are able to use the domain in your account. NOTE: You may not transfer your domain name to another Registrar for sixty (60) days from the date of any previous transfer.

Domain Dispute Policy

• You agree to be bound by the appropriate domain dispute resolution policy ("Dispute Policy") applicable to the domain that you have selected, including the Uniform Domain Name Dispute Resolution Policy, which can be found here. The Dispute Policy has been developed by ICANN and/or the specific Registration Administrator(s) and is incorporated by reference in this Registration Agreement. Certain disputes are subject to the applicable Dispute Policy. In the event such dispute arises, you agree that you will be subject to the provisions specified in the applicable Dispute Policy in effect at the time your domain registration is disputed by a third party. You further agree that, in the event a domain dispute arises with any third party, you will indemnify and hold HostNine harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN or the applicable Registry Administrator, and your continued use of the domain registered to you after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Registration Agreement. If you do not agree to any of such changes, you may request that your domain registration be cancelled or transferred to a different domain registrar. For the adjudication of disputes concerning or arising from use of the second level domain ("SLD") name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where registrar is located. In addition, you agree to the rules of ICANN's Uniform Rapid Suspension ("URS") and to submit to any proceedings commenced pursuant to the URS, if applicable.

Change of Registrant of Domains

• Transfer of registration to another registrant. The entity or person named as the "registrant" at the time the controlling user name and password are secured shall be the registrant of the domain. You agree that prior to the effectiveness of any transfer of ownership of your domain to another entity, HostNine reserves the right to enforce any amount published for the transfer of ownership of a domain. You further agree that, as a condition of any such transfer of ownership of the domain, the party to which you seek to transfer your domain shall agree in writing (electronic acceptance is acceptable) to be bound by the terms and conditions of this Registration Agreement. Your domain will not be transferred until we receive such written assurances (or reasonable assurance as determined by HostNine in its sole discretion) and actual payment of the transfer fee, if any is imposed. You acknowledge and agree that if you attempt to transfer your domain registration without paying HostNine the amount published for the transfer of ownership of a domain, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain.
• When changing the name of registrant within HostNine, you agree that at HostNine's discretion, the domain name may be changed back to the registrant listed immediately prior to the change upon written (email is acceptable) request within five (5) days (or such reasonable time as determined at HostNine's discretion) by registrant that was listed immediately prior to change or in the event of suspected fraud in connection with the change of the registrant name as determined by HostNine in its sole discretion.
• Transfer of registration to or from another registrar. When transferring a domain name into HostNine as the new registrar of record and simultaneously changing the name of registrant or subsequently changing the name of registrant, you agree that the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by registrant that was listed immediately prior to transfer or upon request by losing registrar or in the event of suspected fraud in connection with the transfer as determined by HostNine in its sole discretion. At the time of transfer into HostNine, you must complete all required information requested through the online transfer application, i.e., contact information, nameserver information, etc. HostNine may elect to accept or reject your domain name transfer application for any reason at its sole discretion. You are not entitled to any refund in relation to the domain name transferred to another registrar.
• Restrictions on Registrar Transfers. For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into HostNine. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to HostNine for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by HostNine to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).
• For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the Inter-Registrar Transfer Policy (available here).
• Transfer Lock. You agree that HostNine may, but is NOT obligated to, automatically opt your domain name into its Transfer Lock service to help protect against unauthorized transfers (applicable for .com and .net domain names). HostNine does NOT warranty NOR guarantee the service will prevent any unauthorized transfer of domain name(s). You may log in to your account and disable this service at anytime if you do not wish to use the service. HostNine will NOT be liable for any inconvenience this may cause you to properly transfer your domain. You are solely responsible for a failure to transfer the domain. HostNine shall not be liable for your failure.

Agents and Licensing

• You agree that, if you are registering a domain and listing someone other than yourself as the registrant, you represent and warrant that you have the authority to bind the person or entity listed as registrant as a principal to this Registration Agreement, including the applicable Dispute Policy. The name listed as registrant of the domain or the appropriate officer of a listed Organization (at HostNine's discretion) may individually choose to move the domain into another account for full access to the domain, irrespective of wishes of agent/account owner/other listed contacts on that particular domain (e.g. admin, billing). Further, you agree that if you license the use of the domain registered to you to a third party, you nonetheless remain the domain holder of record, and remain responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Further, you accept liability for any actions of the licensee using the domain unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm.

Representations and Warranties

• In the event that, in registering the domain, you are providing information related to a third party, you hereby represent and warrant 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 Registration 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 Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain 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 registration is accurate.

Indemnification

• Indemnification of HostNine. You will indemnify, hold harmless, and defend HostNine and its subsidiary and parent entities, predecessors, successors, affiliates, and assigns, the Registry Administrators, and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the "Indemnified Parties") from any and all Claims. "Claim" means any action, cause of action, suit, proceeding, claim, or demand of any third party (and all resulting judgments, bona fide settlements, penalties, damages, losses, liabilities, costs, and expenses (including without limitation reasonable attorneys' fees and costs)), which arises out of: (a) your breach of this Registration Agreement or any of HostNine's policies applicable to this domain registration or related services, (b) the operation of your domain, (c) any negligent act or omission by you, or (d) any third party claim, action, or demand related to the registration or use of the domain registered in your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). "Reasonable attorneys' fees and costs" as used in this Section 13 includes without limitation fees and costs incurred to interpret or enforce this Section 13. HostNine may, at its expense, employ separate counsel to monitor and participate in the defense of any Claim. HostNine will provide you with reasonably prompt notice of any Claim.
• Indemnification of ICANN and Registry Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry Operator(s) (including but not limited to VeriSign, Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their respective subcontractors, shareholders, directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable attorneys' fees and costs and any other expenses arising out of or related to your domain registration and any disputes regarding same. Some Registry Operators may not allow this indemnification provision to apply, as contained herein; in such cases, this provision is in effect to the full extent permitted by law as applicable to such Registry Operator.
• These indemnification obligations shall survive the termination or expiration of this Registration Agreement.

Warranty Disclaimer; Limitation of Liability

• Disclaimer of warranty. HostNine MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, HostNine MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
• Limitation of liability. YOU AGREE THAT HostNine AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND HostNine's OR ANY OF SUCH INDEMNIFIED PARTIES' REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. HostNine AND THE INDEMNIFIED PARTIES 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 HostNine OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL HostNine's OR ANY OF SUCH INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.

Term and Termination

• Term. The term of this Registration Agreement commences on the day you accept this Registration Agreement to the day until the occurrence of any of the following: (a) your domain registration is cancelled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (in accordance with Section 15.c, below) (collectively, "Termination"). Your obligation to pay any fees or other amounts under this Agreement which arose prior to expiration or other termination of this Registration Agreement shall survive any such expiration or termination.
• Domain suspension, cancellation or transfer. You acknowledge and agree that your domain registration is subject to suspension, cancellation or transfer (cancellation or transfer collectively referred to as, "Cancellation") (a) to correct mistakes by HostNine, another registrar, or a Registry Administrator in administering the domain name or (b) for the resolution of disputes concerning the domain pursuant to an ICANN policy or procedure. It is your responsibility to verify if any domain is infringing anyone else's rights, prior to registration. If the domain name you have registered is found to be infringing on another person's rights, determined in HostNine's discretion, HostNine has the right to cancel your registration immediately. If you are in willful violation of our agreement, you will not be entitled to any refund. You also agree that HostNine shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain registration upon up to seven (7) calendar days prior notice or after such time as HostNine receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain registration.
• Termination. HostNine reserves the right to suspend, cancel, transfer or modify your domain registration if: (a) you materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice by HostNine; (b) you use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) you use your domain in connection with unlawful activity; or (d) you otherwise violate this Registration Agreement as determined by HostNine in its sole discretion. WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION OF YOUR RIGHTS TO THE DOMAIN NAME.
• Survival. The following provisions will survive Termination or Cancellation of this Registration Agreement: Sections 2, 9, 12, 13, 14, 15 and 16.

Additional Terms

• Personal Data. HostNine incorporates its Privacy Policy by reference. Please read our Privacy Policy by CLICKING HERE. In addition, you hereby represent that you have provided HostNine's Privacy Policy to any person whose personal data you disclose to HostNine and that you have obtained their consent to the foregoing.
• Governing law; jurisdiction. Except as otherwise set forth in the Dispute Policy with respect to disputes, this Registration Agreement, your rights and obligations and all actions contemplated by this Registration Agreement shall be governed by the laws of the State of Massachusetts. The United Nations Convention on Contracts for the International Sale of Goods does not apply to this Registration Agreement. Any suit, action or proceeding concerning this agreement must be brought in a state court located in Middlesex County, Massachusetts or a federal court located in Suffolk County, Massachusetts. EACH OF THE PARTIES HEREBY IRREVOCABLY CONSENTS TO THE EXCLUSIVE JURISDICTION OF SUCH COURTS (AND OF THE APPROPRIATE APPELLATE COURTS THEREFROM) IN ANY SUCH SUIT, ACTION OR PROCEEDING AND IRREVOCABLY WAIVES, TO THE FULLEST EXTENT PERMITTED BY APPLICABLE LAW, ANY OBJECTION WHICH IT MAY NOW OR HEREAFTER HAVE TO THE LAYING OF THE VENUE OF ANY SUCH SUIT, ACTION OR PROCEEDING IN ANY SUCH COURT OR THAT ANY SUCH SUIT, ACTION OR PROCEEDING WHICH IS BROUGHT IN ANY SUCH COURT HAS BEEN BROUGHT IN AN INCONVENIENT FORUM.
• Notices. You agree that any notices required to be given under this Registration Agreement by HostNine to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
• Relationship. HostNine and you are independent contractors and nothing contained in this Registration Agreement places HostNine and you in the relationship of principal and agent, partners or joint venturers. Neither party has, expressly or by implication, or may represent itself as having, any authority to make contracts or enter into any agreements in the name of the other party, or to obligate or bind the other party in any manner whatsoever.
• Waiver. No failure or delay by any party hereto to exercise any right or remedy hereunder shall operate as a waiver thereof, nor shall any single or partial exercise of any right or remedy by any party preclude any other or further exercise thereof or the exercise of any other right or remedy. No express waiver or assent by any party hereto to any breach of or default in any term or condition of this Registration Agreement shall constitute a waiver of or an assent to any succeeding breach of or default in the same or any other term or condition hereof.
• Severability. If any provision or portion of any provision of this Registration Agreement shall be held to be illegal, invalid or unenforceable by a court of competent jurisdiction, it is the intention of the parties that the remaining provisions or portions thereof shall constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof shall remain in full force and effect.
• Assignment. You may not assign or transfer this Registration Agreement or any of your rights or obligations hereunder, without the prior written consent of HostNine and/or without using the HostNine domain transfer process in compliance with ICANN's policies. Any attempted assignment in violation of the foregoing provision shall be null and void and of no force or effect whatsoever. HostNine may assign its rights and obligations under this Registration Agreement, and may engage subcontractors or agents in performing its duties and exercising its rights hereunder, without your consent. This Registration Agreement shall be binding upon and shall inure to the benefit of the parties hereto and their respective successors and permitted assigns. You agree that HostNine may transfer your domain name from one accredited registrar to another accredited registrar without requiring your consent, to the extent not prohibited by ICANN or applicable registry rules or by applicable law.
• Intellectual property. Except for your Content (as defined above), all content available through the Services, including designs, text, graphics, images, video, information, software, audio and other files, and their selection and arrangement, and all software used to provide the Services (collectively, " HostNine Content"), are the proprietary property of HostNine. No HostNine Content may be modified, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, transmitted, sold or exploited for any purposes in any form or by any means, in whole or in part, other than as expressly permitted in this Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile, disassemble or otherwise attempt to derive source code or other trade secrets from any HostNine Content. Any use of the HostNine Content other than as specifically authorized herein is prohibited and will automatically terminate your rights with respect to use of the services and the HostNine Content granted herein. All rights of HostNine or its licensors that are not expressly granted in this Registration Agreement are reserved to HostNine and its licensors.
• Entire agreement. This Registration Agreement, and the attachments and documents referenced herein, including but not limited to the applicable Dispute Policy (as modified from time to time), constitute the complete and exclusive agreement between you and HostNine, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

.BIZ

• Should you seek to register a .BIZ second level domain, you must agree to be bound by the following terms:
• BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
  • To exchange goods, services, or property of any kind;
  • In the ordinary course of trade or business; or
  • To facilitate:
    • The exchange of goods, services, information, or property of any kind; or
  • the ordinary course of trade or business.
• Registering a domain solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation shall not constitute a "bona fide business or commercial use" of that domain.
• BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the best of your knowledge that:
  • The registered domain will be used primarily for bona fide business or commercial purposes and not:
    • exclusively for personal use; or
    • solely for the purposes of (1) selling, trading or leasing the domain for compensation, or (2) the unsolicited offering to sell, trade or lease the domain for compensation. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.
  • The domain registrant has the authority to enter into the registration agreement; and
  • The registered domain is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
• PROVISION OF REGISTRATION DATA.
  • Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
    • your full name, postal address, e mail address, voice telephone number, and fax number if available;
    • the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation;
    • the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain;
    • the corresponding names of those nameservers;
    • the full name, postal address, email address, voice telephone number, and fax number if available of the technical contact for the domain;
    • the full name, postal address, email address, voice telephone number, and fax number if available of the administrative contact for the domain;
    • the name, postal address, email address, voice telephone number, and fax number if available of the billing contact for the domain; and
    • any remark concerning the registered domain that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Registration Agreement.
  • Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the email address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain concerning the accuracy of contact details associated with any registration(s) or the registration of any domain(s) registered by or through you or your account, shall constitute a breach of this Registration Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain(s) and for the purposes of this Registration Agreement and as required or permitted by the ICANN Registration Agreement or any ICANN/Registry Policy.
  • DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through us, you agree to be bound by our current domain dispute policy that is incorporated herein and made a part of this Registration Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement:
    • The Uniform Domain Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
    • The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
    • The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
  • The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain is being used primarily for business or commercial purposes or that a domain is being used in compliance with the SUDRP or UDRP processes.
  • DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our website at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Registration Agreement. We will not refund any fees paid by you if you terminate your Registration Agreement with us.
  • DOMAIN DISPUTES. You agree that, if your use of our domain registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Registration Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain registration services, you agree not to make any changes to your domain record without our prior approval. We may not allow you to make changes to such domain record until:
    • we are directed to do so by the judicial or administrative body; or
    • we receive notification by you and the other party contesting your registration and use of our domain registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain registration services, we may deposit control of your domain record into the registry of the judicial body by supplying a party with a registrar certificate from us.
  • RESERVATION OF RIGHTS. HostNine and the .biz Registry Operator, NeuLevel expressly reserve 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 HostNine and/or NeuLevel, as well as their affiliates, subsidiaries, officers, directors and employees. HostNine and NeuLevel also reserve the right to freeze a domain during resolution of a dispute.

.NAME

• Should you seek to register a .NAME second level domain, you must agree to be bound by the following terms:
  • Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
  • Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that:
    • every Defensive Registration is subject to challenge pursuant to the ERDRP;
    • if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;
    • if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and
    • if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.
  • Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:
    • the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an "SLD Email Address"), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or
    • any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.

.MOBI

• Should you seek to register a .MOBI second level domain, you must agree to be bound by the following terms:
• Provide current, accurate and complete information in connection with the registration of the Domain Name and its creation, launch, and operation of the website, including but not limited to information required for the purposes of the WHOIS record.
• Indemnify to the maximum extent permitted by law, defend and hold harmless the .MOBI 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 relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
• Indemnify, defend and hold harmless .MOBI Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your domain name registration and or use, and this indemnification obligation survives the termination or expiration of the registration agreement;
• Acknowledge and agree that notwithstanding anything in this Registration Agreement to the contrary, mTLD Top Level Domain Ltd. ("dotmobi"), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Registration Agreement in agreeing to HostNine being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Registration Agreement.
• Comply with ICANN requirements, standards, policies, procedures, and practices for which the .MOBI Registry Operator has monitoring responsibility in accordance with the Registry Registration Agreement or other arrangement with ICANN;
• Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the .MOBI Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or domain registrants, and consistent with the Registry Registration Agreement shall be effective upon thirty days notice by Registry Operator to Registrar;
• Consent to the use, copying, distribution, publication, modification and other processing of your Personal Data by dotmobi, the .MOBI Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract and with relevant mandatory local data protection, laws and privacy;
• Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP");
• Immediately correct and update the registration information for the registered .MOBI Name during the registration term for the .MOBI Registered Name;
• Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the .MOBI Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:
  • the ability or inability of a registrant to obtain a Registered Name during these periods, and
  • the results of any dispute made during the limited industry launch or over a Sunrise Registration.
• Acknowledge and agree that the .MOBI Registry and .MOBI Registry Services Provider, acting in consent with the .MOBI Registry, 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 all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
  • to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
  • for violations of the terms and conditions herein; or
  • to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute.
• Acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi ) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi ) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the .MOBI Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted.
• Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract.
• Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Registration Agreement (formerly known as the dotMobi Auction Registration Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.
• Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Registration Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.

.TEL

• Should you seek to register a .TEL top level domain, you must agree to be bound by the following additional terms:
• Definitions:
  • "Delegated Zone" means administrative units of the DNS as defined in RFC 1034. Delegated Zones are autonomous units of the Registry TLD name space that are under the control of a registrant, delegated to them and usually managed by a TelHosting Provider.
  • "Domain Name Holder" means an individual, organization or company holding a domain name registration.
  • "Personal Data" means personal data about any identified or identifiable natural person, and any data that is "Personal Data" for the purposes of the Data Protection Act 1998 (UK).
  • "Registrar" means HostNine
  • "Registry" and "Telnic" means Telnic Limited.
  • "Registry TLD" means the .tel top level domain.
  • "Resource Records" means a data element or set of data elements as defined in RFC 1034 that are stored in a Delegated Zone.
  • "Services" means the delegate zone provisioning and DNS hosting services for domain names provide by Telnic.
  • "Sponsoring Organization" means the entity responsible for the policies and deployment principles of the Registry TLD. As of October 6, 2008, the Sponsoring Organization is the Registry.
  • "Telhosting Provider" means a provider of Delegated Zone provisioning and DNS hosting service for Resource Records in the Registry TLD.
  • "TLD Requirements" means the requirements, standards, policies and procedures for the Registry TLD that are adopted by the Registry and/or the Sponsoring Organization, as may be properly amended or modified from time to time.
• Responsibility for Content. Domain Name Holder is solely and fully responsible for all information, data and text ("Content") provided in connection with the domain name. The Registrar, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
• Use of Information. Domain Name Holder agrees to provide updated, current Content. If Domain Name Holder provides information about a third party or employer, Domain Name Holder hereby represents and warrants that it has (a) provided notice to that third party of the disclosure and use of that third party's information in connection with the domain name, and (b) obtain that third party's express consent to the disclosure and use of that third party's information. Domain Name Holder expressly consents to the use of the Content by Telnic and its service providers to provide the Services, to conduct analyses related to the Services, and as otherwise described in Telnic's posted privacy policy (http://telnic.com/legal.html).
• Prohibited Activities Domain Name Holder will not use the Services or provide Content which could (a) violate any applicable local, state or national law, (b) give rise to criminal, civil or other liability to the Registrar, its service provider or designees, or (c) damage the reputation of the Registrar, its service provider or designees.
• Reservation of Rights Registrar and/or its service providers reserve the right to withhold or suspend services as it deems necessary in its sole discretion: (a) to protect the integrity and stability of the Registry, (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees; (d) for violations of this Registration Agreement, including, without limitation, the exhibits hereto; (e) to correct mistakes in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the Registry TLD. Registrar and/or its service providers also reserve the right to suspend the provision of the Services during resolution of a dispute.
• Representations and Warranties. By submitting a request for a domain name, Domain Name Holder represents and warrants that:
  • to its knowledge, neither the Content nor the registration of the requested domain name infringes, or will infringe in the future, upon or otherwise violate the rights of any third party;
  • it is not submitting the request for a domain name, nor does it intend to use the Content, for any unlawful purposes;
  • it will not knowingly submit Content or use the domain name in violation of any applicable laws or regulations or of the rights of any third parties; and
  • it will use the domain name in accordance and otherwise comply with the TLD Requirements.
• Communication with Domain Name Holder. Domain Name Holder hereby agrees that Telnic shall have the right to communicate directly with the Domain Name Holder in connection with any issue relating to a domain name and the Domain Name Holder's membership of the .tel community. The Domain Name Holder will respond promptly to such communications from Telnic and will resolve any errors in Content notified to the Domain Name Holder.
• Indemnification. Domain Name Holder hereby agrees to indemnify, to the maximum extent permitted by law, indemnify, defend and hold harmless Registry, its service providers, subcontractors and their respective directors, officers, employees, affiliates and agents 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 Domain Name Holder's domain name registration and or use. Such indemnification shall survive any termination or expiration of the Registration Agreement.
• Use of Personal Data. Domain Name Holder consents to the use, copying, distribution, publication, modification and other processing of Domain Name Holder's Personal Data by Registry, its service providers, subcontractors and agents in a manner consistent with Registry's posted privacy policy, Registry's WHOIS policy and all other purposes of collection notified to Registrar by Registry (http://telnic.com/).
• Domain Name Holder hereby agrees to submit to proceedings commenced under ICANN's Uniform Doman Name Dispute Resolution Policy ("UDRP") (http://www.icann.org/udrp/).
• Domain Name Holder hereby agrees to immediately correct and update the registration information for the domain name during the registration term of the domain name.
• Domain Name Holder hereby agrees to be bound by the policies relating to the initial launch of the Registry TLD, such as the Sunrise Policy (https://www.telnic.org/downloads/Sunrise_Policy.pdf), and will acknowledge that Registry has no liability of any kind for any loss or liability resulting from any such policies or requirements, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a Sunrise registration.
• Domain Name Holder hereby agrees that use of the domain name shall comply with all applicable TLD requirements, including, but not limited to, the Acceptable Use Policy (http://telnic.com/downloads/AUP.pdf) and the Sunrise policy (https://www.telnic.org/downloads/Sunrise_Policy.pdf).
• Domain Name Holder hereby acknowledges and agrees that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name on registry lock, hold or similar status, that it deems necessary, in its discretion: (a) to protect the integrity, security, and stability of the registry; (b) to comply with any appropriate laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, or employees; (d) per the terms of the Registration Agreement; (e) to correct mistakes made by Registry or Registrar in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the domain name in a manner contrary to the intended purpose of the Registry TLD. Registry also reserves the right to lock, hold or place a similar status on a domain name during resolution of a dispute. Registry shall have no liability of any kind to Domain Name Holder, its customers, affiliates, service providers or any other party as a result of such denial, cancellation or transfer.
• Registry may communicate with the Domain Name Holder in connect with issues relating to a domain name and the Domain Name Holder's membership of the .tel community
• Jurisdiction and Applicable Law. Domain Name Holder hereby agrees that any dispute, controversy or claim between the Domain Name Holder and Registry relating to a domain name or a request for a domain name, the Services, or any Content shall be subject to the laws of the State of Delaware, and the exclusive jurisdiction of the courts in New Castle County, Delaware. Domain Name Holder hereby agrees that any dispute, controversy or claim between the Domain Name Holder and the Telnic relating to a domain name or a request for a domain name or any Content shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.

.ASIA

• Should you seek to register a .ASIA top level domain, you must agree to be bound by the following terms:
• Definitions:
  • "Applicant" means a natural person or legal entity seeking to use the services of the Registrar and/or Pool to become a Registrant of a .asia domain name, and the Applicant Party to this Registration Agreement.
  • "Participant" means a natural person or legal entity whose name appears on the Registry qualified Auction list, and being the Applicant, or the Applicant's agent (e.g., the OPN Contact as defined by the Registry and/or the Registrar acting as agent for the Applicant), and who actively participates in the Auction.
  • "Pool.com" means Pool.com, Inc., a Canadian corporation with offices at 26 Auriga Dr. Ottawa, ON, Canada, K2E 8B7, which will process the auction of .ASIA TLDs in conjunction with the Registry ("Auction").
  • "Registered Name Holder" means the holder of a registered domain name and for the context of the .ASIA Registry, in consideration and in compliance with the Charter Eligibility Requirement Policy, the Registered
  • "Registrar" means HostNine
  • "Registry" and "DotAsia" means DotAsia Organization, Ltd.
  • "Registry Services Provider" means Afilias Limited, a company incorporated under the laws of Ireland and having its principle offices at Office 110, 52 Broomhill Road, Tallaght, Dublin 24, its successors and assigns as delegated by DotAsia.
• You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless DotAsia, Registry Services Provider, and their 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 relating to the Registered Name Holder's domain name registration and or use.
• You hereby agree to the ICANN requirements, standards, policies, procedures, and practices for which the .ASIA registry has monitoring responsibility in according with the Registry Registration Agreement or other arrangement with ICANN.
• You hereby agree to adhere to the operational standards, policies, procedures, and practices for the .ASIA Registry established from time to time by DotAsia in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Registration Agreement shall be effective upon thirty (30) days' notice by DotAsia to Registrar.
• Notwithstanding anything in this Registration Agreement to the contrary, DotAsia Organization Limited ("DotAsia"), the Registry Operator of the .ASIA TLD, is and shall be an intended third-party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of DotAsia have vested and that DotAsia has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to HostNine being a registrar for the .ASIA TLD. Additionally, the third-party beneficiary rights of DotAsia shall survive any termination or expiration of this Registration Agreement.
• You hereby consent to the use, copying , distribution, publication, modification and other processing of Registered Name Holder's Personal Data by DotAsia and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Registration Agreement and with relevant mandatory local data protection, laws, and privacy.
• You hereby agree to submit to proceedings commenced under ICANN's Uniform Doman Name Dispute Resolution Policy ("UDRP") (http://www.icann.org/udrp/).
• You hereby agree to immediately correct and update the registrant's information for the Registered Name during the registration term for the Registered Name.
• You hereby agree to submit to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP") (http://www.icann.org/udrp/cedrp-rules.html).
• You hereby acknowledge and agree to comply with the .ASIA Charter Eligibility Requirement, including the following provision: "The Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder's legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the Dot Asia Organization Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.

Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates."

• You hereby agree to be bound by the terms and conditions in the initial launch and general operations of the Registry TLD, including without limitation the Start-Up Policies (as set forth by DotAsia at http://policies.registry.asia) where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
• You hereby agree that DotAsia and Registry Services Provider, acting in consent with DotAsia, reserve the right to deny , cancel or transfer any registration that they deems necessary, in their sole discretion:
  • to protect the integrity, security, and stability of the registry;
  • to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
  • to avoid any liability, civil or criminal, on the part of DotAsia as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
  • for violations of the terms and conditions herein; or
  • to correct mistakes made by DotAsia, the Registry Services Provider, or any registrar in connection with a domain name registration. DotAsia also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
• You hereby agree to submit to proceedings commenced under other dispute policies as set forth by DotAsia from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .ASIA Registry.
• Applicant agrees that any and all actions taken by the Participant are actions taken on the Applicant's behalf, and with its full authority, and it ratifies any and all such actions.
• Applicant and Registrar acknowledge and agree that this Registration Agreement is intended to be for the benefit of Pool and the Registry. For the avoidance of doubt, Applicant and Registrar acknowledge and agree that this Registration Agreement in no fashion binds or obligates Pool or the Registry.
• DISCLAIMER OF WARRANTY RELATING TO POOL. APPLICANT ACKNOWLEDGES AND AGREES THAT THE POOL SERVICES ARE PROVIDED "AS IS," AND THAT POOL MAKES NO REPRESENTATIONS OR WARRANTIES, EXPRESS OR IMPLIED, STATUTORY OR OTHERWISE, AND SPECIFICALLY DISCLAIMS, ON ITS OWN BEHALF AND ON BEHALF OF ITS SUPPLIERS AND LICENSORS, ANY WARRANTIES AS TO THE USEFULNESS, ACCURACY, RELIABILITY, NON-INFRINGEMENT OR EFFECTIVENESS OF SUCH POOL SERVICES OR THAT ANY OF SUCH POOL SERVICES WILL BE UNINTERRUPTED, ERROR FREE, OR THAT DEFECTS HAVE OR WILL BE CORRECTED, OR THAT SUCH POOL SERVICES WILL MEET THE NEEDS OF ANY PARTY. WITHOUT LIMITING THE FOREGOING, POOL DISCLAIMS ALL WARRANTIES OF REASONABLE SKILL OR CARE. IN NO EVENT WILL POOL BE LIABLE TO REGISTRAR OR PARTICIPANT FOR ANY FAILURE, DISRUPTION, DOWNTIME, INCORRECT LINKAGE OR OTHER NON-PERFORMANCE OF THE POOL SERVICES. POOL'S SOLE LIABILITY, AND REGISTRAR'S SOLE REMEDY, WITH RESPECT TO SUCH WARRANTY WILL BE POOL'S OBLIGATION TO CORRECT ERRORS WITH A LEVEL OF EFFORT COMMENSURATE WITH THE SEVERITY OF THE ERROR.
• LIMITATION OF LIABILITY RELATING TO POOL. IN NO EVENT WILL POOL'S LIABILITY ARISING OUT OF OR RELATED TO THIS AGREEMENT FROM ANY CAUSE EXCEED $ 100.00. IN ADDITION, IN NO EVENT WILL POOL, ITS AFFILIATES, OR EACH OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS BE RESPONSIBLE OR LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, PUNITIVE OR OTHER DAMAGES (INCLUDING BUT NOT LIMITED TO LOSS OF REVENUES OR LOSS OF PROFITS), EVEN IF POOL, ITS AFFILIATES, OR ANY OF THEIR DIRECTORS, OFFICERS, EMPLOYEES OR AGENTS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES, UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY ARISING OUT OF OR RELATING IN ANY WAY TO POOL SERVICES, OR ANY OTHER SUBJECT MATTER OF THIS AGREEMENT. POOL WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE CAUSED BY DELAY IN FURNISHING POOL SERVICES TO THE REGISTRAR OR ANY OTHER PERFORMANCE UNDER THIS AGREEMENT, INCLUDING DELAYS IN TRANSMISSION OF DATA.
• INDEMNITY RELATING TO POOL. Applicant will defend, indemnify and hold Pool, its officers, directors, employees, agents and successors harmless against any liability, or any litigation cost or expense (including reasonable attorneys' fees), arising out of acts or omissions of the Applicant's and/or the Registrar's agents or employees, breach of any provisions of this agreement, or operation of the Applicant's and/or Registrar's business. Pool will provide the Applicant and Registrar with written notice of such claim. Applicant will not enter into any settlement or compromise of any claim subject to indemnification under this clause, without Pool's prior written permission, which permission shall not be unreasonably withheld or delayed.

.CA

• Should you seek to register a .CA top level domain, you must agree to be bound by the following additional terms. In the event that any term in this Registration Agreement conflicts with CIRA's Registrant Agreement, CIRA's Registrant Agreement shall apply to any and all .CA domain registrations.
• Definitions. The following definitions apply to this Section 11:
  • "Registrant Registration Agreement" shall mean CIRA's Registration Agreement.
  • "Registrar," "National CA Domains," "we," or "us" shall mean National CA Domains, Ltd., a wholly-owned subsidiary of Dotster, Inc., and a certified registrar of .CA domains by CIRA pursuant to the Registrar Registration Agreement entered into between National CA Domains and CIRA ("Registrar Registration Agreement").
  • "Registry," "Registry Operator," or "CIRA" shall mean Canadian Internet Registration Authority, the not-for-profit organization that manages the .CA domain space.
  • Capitalized terms used in this Section 11 but not defined shall have the meaning as set out in the Registration Agreement or Registrar Registration Agreement.
• CA Domain Name Registration Information and Its Use.
  • You acknowledge and agree that you are required to submit to National CA Domains and keep updated the following information in connection with your application for .CA domain name registration:
    • the .CA domain name to be registered;
    • the .CA domain name holder's name and mailing address;
    • the name, mailing address, email address, telephone number, and fax number of the Administrative Contact for the .CA domain name;
    • the name, mailing address, email address, telephone number, and fax number of the billing contact for the .CA domain name; and
    • Canadian presence qualification as required by CIRA's Canadian Presence Requirements for Registrants.
  • Obligations Relating to Provided Data. If, in registering a .CA domain name, you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Registration Agreement.
  • Disclosure and Use of Registration Information. You agree to authorize National CA Domains to provide any information to CIRA and any other third parties as applicable laws may require or permit. You acknowledge and agree that National CA Domains may make publicly available, or directly available to third-party vendors, some or all of the .CA domain registration information provided by you, for purposes of inspection such as through National CA Domains' WHOIS service, for targeted marketing, or for any other purpose as required or permitted by CIRA and/or applicable laws.
  • We will not process any data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Registration Agreement or in our Privacy Policy. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. We will have no liability to you or any third party to the extent such reasonable precautions are taken.
  • You acknowledge and agree that CIRA may establish guidelines, limits, and/or requirements that relate to the amount and type of information that National CA Domains may or must make available to the public or to private entities, and the manner in which such information is made available.
• CIRA Policy.
  • You agree that:
    • Your registration of a .CA domain name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy, (1) to correct mistakes by Registrar or Registry in registering the name, or (2) for the resolution of disputes concerning a .CA domain name.
    • CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to Registrar or you for such further period of time as CIRA may determine, in its sole discretion.
    • CIRA shall not be liable to you for:
      • any loss, damage, or expense arising out of CIRA's failure or refusal to register a .CA domain name;
      • CIRA's failure or refusal to renew a .CA domain name;
      • CIRA's registration of a .CA domain name;
      • CIRA's failure or refusal to renew a .CA domain name;
      • CIRA's renewal of a .CA domain name;
      • CIRA's failure or refusal to transfer a .CA domain name;
      • CIRA's transfer of a .CA domain name;
      • CIRA's failure or refusal to maintain or modify a .CA domain name;
      • CIRA's maintenance of a .CA domain name;
      • CIRA's modification of a .CA domain name;
      • CIRA's failure to cancel a .CA domain name; or
      • CIRA's cancellation of a .CA domain name from the Registry.
    • In no event shall you pursue any claim against CIRA, and in no event shall CIRA be liable to you, for any direct, indirect, special, punitive, exemplary, or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by Registrar of its obligations under any agreement between Registrar and you, or the Registrar Registration Agreement.
    • Registration of your selected .CA domain name in its first application to CIRA shall not be effective until you have entered into and agree to be bound by CIRA's Registration Agreement.
    • We shall immediately give notice to you in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or the Registrar Registration Agreement is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to you thereof.
    • In the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or in the event the Registrar Registration Agreement is terminated or expires, you shall be responsible for changing your registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to the you by (i) us or (ii) CIRA in accordance with CIRA's then-current General Registration Rules; provided, however, that if any of your domain name registration(s) is scheduled to expire within 30 days of the giving of such notice, you shall have 30 days from the anniversary date of the registration(s) to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with then-current General Registration Rules.
    • You shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise (i) violate or contribute to the violation of the intellectual property rights or other rights of any other person; (ii) defame or contribute to the defamation of any other person; or (iii) unlawfully discriminate or contribute to the unlawful discrimination of any other person.
    • National CA Domains and CIRA shall not be responsible in any way whatsoever:
      • for the use of any .CA domain name in the Registry; and
      • for any conflict or dispute with or any actual or threatened claim against us or you, including one relating to a registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other person.
    • You agree that we may amend this Registration Agreement at any time, with or without notice to you, to reflect any amendments to the Registrar Registration Agreement or any other rules, policies, or guidelines established by the Registry.
    • You acknowledge that registration of a .CA domain name does not create any proprietary right for you, us or any other person in the name used as a .CA domain name or the domain name registration and that the entry of a .CA domain name in the Registry or in the "WHOIS" look up system of the Registry shall not be construed as evidence or ownership of the registered .CA domain name. You shall not in any way transfer or purport to transfer a proprietary right in any .CA domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a .CA domain name registration.
  • CIRA Dispute Policy.
    • In the event of any dispute with respect to your registered .CA domain name, you agree to be bound by the CIRA Domain Name Dispute Resolution Policy ("CIRA Dispute Policy"), as it may be amended from time to time, which is hereby incorporated and made a part of this Registration Agreement by reference.
    • You agree that, if the registration of your .CA domain name is challenged by a third party, you will be subject to the provisions specified in the CIRA Dispute Policy in effect at the time of the dispute.
    • You agree that, in the event a domain name dispute arises with any third party, you shall indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the CIRA Dispute Policy.
  • Transfer of Ownership.
  • National CA Domains will consider the entity named as the Administrative Contact for the .CA domain name at the time the controlling user name and password are secured as the agent of that domain name. In accordance with CIRA policy, a domain name's registrar and agent cannot be changed until at least 60 days after initial registration. You agree that, prior to the effectiveness of any transfer of ownership of your domain name to another person or entity, you will pay National CA Domains the then-current amount set forth by National CA Domains for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Registration Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from a third party (such reasonable assurance as determined by National CA Domains in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying National CA Domains the then-current amount set by National CA Domains for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.
  • Miscellaneous.
    • You agree that National CA Domains is not liable or responsible for any errors, omissions, or other actions by CIRA arising out of or related to your application or receipt of, or failure to receive, a .CA domain name registration. You further agree to indemnify, defend and hold harmless the administrators, directors, officers, employees, and agents of National CA Domains and of CIRA from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your .CA domain name registration.
    • You acknowledge and agree that National CA Domains cannot guarantee that you will obtain a desired .CA domain name registration, even if an inquiry indicates that domain name is available, since National CA Domains cannot know with certainty whether or not an application for a domain name which you are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the .CA domain name registration process or related databases maintained by CIRA.
    • You acknowledge and agree that National CA Domains does not check to see whether the .CA domain name you select, or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate whether the .CA domain name you select, or its use, infringes the legal rights of others, and in particular we suggest you seek advice of competent counsel.
    • You acknowledge and agree that National CA Domains may be ordered by a court or administrative agency 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 .CA domain name, we may turn to you to hold us harmless and to indemnify us.
    • You acknowledge and agree that any of the following actions shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your .CA domain name registration:
      • willfully providing false or inaccurate information;
      • willfully failing to update information promptly; or
      • failing to respond to National CA Domains' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request.
    • You hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of information, updated from time to time and provided in connection with registration of a .CA domain name, whether during or after term of the 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 the .CA domain name registration information.

.TV and .CC

• Should you seek to register a .tv or .cc TLD, you must agree to comply with the .tv and .cc Registry Policies, found here.
• .US - Should you seek to register a .US TLD (“usTLD”) from NeuStar, Inc. (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .US domain registrations.
• You agree that your registration and use of .US TLD is subject to the usTLD Administrator Reservation of Rights policy (available here) and the Policy Statement by usTLD Administrator (available here).
• You agree to comply with the usTLD Acceptable Use Policy (available here).
• You agree to comply with all Registry Operator policies regarding the use of proxy domain name services. You further agree that if you license the use of a domain name to a third party you are nonetheless the Registered Name Holder and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information pursuant to the Registration Agreement and that you shall accept liability for harm caused by wrongful use of the domain.
• You certify that the Registered Name Holder meets the requirements set out in the usTLD Nexus Requirements Policy (available here) and that the Registered Name Holder is either:
  • A citizen or permanent resident of the United States of America or any of its possessions or territories, whose primary place of domicile is in the United States of America or any of its possessions; or
  • A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or
  • A foreign entity or organization that has a bona fide presence in the United States.
• You agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the domain (available here).
• You agree that for the adjudication of disputes concerning or arising from use of the usTLD, to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile, (2) where the registrar of record is located, and (3) the United States.
• You agree that failure to comply with the terms of the Registry Operator’s Policies (available here) may result in suspension or termination of the domain.
• You represent that, to the best of your knowledge and belief, neither the registration of the domain, nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
• You agree that the registration of your domain is subject to suspension, deletion, cancellation or transfer pursuant to any Registry Operator Policy, or pursuant to any registrar of record or Registry Operator procedure not inconsistent with such Policies to:
  • enforce usTLD Policies, as amended from time to time;
  • protect the integrity and stability of the Registry Operator, its operations, and the usTLD;
  • comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry Operator or you;
  • establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;
  • respond to violations of this policy;
  • correct mistakes made by the Registry Operator or any registrar of record in connection with a registration or reservation.
• You agree that the Registry Operator retains the right to freeze a domain name during the resolution of a dispute either by: (i) rendering the domain name unresolvable; (ii) preventing the transfer of the domain name to another person, entity or registrar; or (iii) preventing any changes to the contact information associated with the domain name.
• You consent to the data processing as required by the Whois Accuracy Program Specification (available here) and the .US Privacy Policy (available here).

.ME

• Should you seek to register a .ME top level domain, you must agree to be bound by the following terms:
• You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .me registry to implement in accordance with the Registry Registration Agreement or otherwise.
• You shall comply with all operational standards, policies, procedures, and practices for the .me registry system established from time to time by the .me registry.
• You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant's personal data by the .me registry and its designees and agents in a manner consistent with the purposes of the .me Registry-Registrar Registration Agreement.
• You shall submit to proceedings comments under any dispute policy implemented by the .me registry, including, without limitation, the Domain Name Dispute Resolution Policy ("DRP") referenced on the .me registry's website at www.domain.me.
• You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .me TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.
• You acknowledge the .me registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .me registered domain name during these periods; and (b) the results of any dispute procedures.
• You acknowledge and agree that the .me registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (b) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .me registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .me registry, including, without limitation, the .me registry policies; and (d) to correct mistakes made by the .me registry or Registrar in connection with a domain name registration. The .me registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.
• You shall submit to proceedings commenced under other dispute policies as set forth by the .me registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .me registry system for the .me top level domain.
• You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, 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 and or use.

.MX TLD ("Registry TLD")

• Should you seek to register a .MX TLD ("Registry TLD") from Network Information Center Mexico, S.C. ("Registry"), you must agree to be bound by the Registry's policies, available here.

.CO

• Should you seek to register a .CO top level domain, you must agree to be bound by the following additional terms:
• Definitions:
  • "Administrator" means .CO Internet, S.A.S.
  • "Registrar" means HostNine
  • "Registered Name" means a domain name within the .Co TLD, whether consisting of two, three or more levels (e.g. twolevels.co or three.levels.co), registered and/or maintained through the Registry System and about which data is maintained by or on behalf of Administrator in the Registry Database (whether or not such name appears in the .Co TLD zone file).
  • "Registrant" means the holder of a Registered Name.
  • "Registry Database" means a database comprised of data about one or more DNS domain names within the domain of the .Co TLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.
  • "Registry System" means the registry system operated by or on behalf of Administrator for Registered Names in the .Co TLD, including, without limitation, the Registrar Toolkit, as well as any updates, modifications, enhancements and/or redesigns thereof that may be made from time to time.
• You shall (within thirty days of demand) indemnify, defend and hold harmless Administrator, Registrar, and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant's domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar's prior written consent, which consent shall not be unreasonably withheld and that this indemnification obligation survive the termination or expiration of the Registration Agreement for any reason.
• You certify that, to the best of your knowledge, information or belief under penalty of fraud, the following is true:
  • The data provided in the domain name registration application is true, correct, current and complete and Registrant will ensure that all such information is kept up to date;
  • Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;
  • The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk email, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and
  • You have the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.
• You agree that the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator or Registrar determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violates any of the terms of the Registration Agreement.
• You agree to follow and be bound by all Administrator's policies (including, without limitation, the Administrator's privacy policy, and other policies shown at http://www.cointernet.co), as the same may be updated, modified or replaced from time to time, and to subject themselves to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.
• You agree that the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Administrator's security or registration policies or as a result of a dispute resolution.
• You agree that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Administrator or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.
• You consent and authorize Registrar and Administrator to publish the following information in the WHOIS database and elsewhere:
  • Names, addresses, telephone numbers and email addresses of the Registrant and Registrant's designated administrative contact.
  • Name, address, telephone number and email address of the Registrant's technical contact.
  • Dates related to the creation, last update and expiration of the Registered Name.
• You agree that all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between Registrant and Administrator shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Columbia.
• You agree to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.
• You agree that neither Registrar's acceptance of the Applicant's registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant's registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.
• You agree that Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.
• Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Registration Agreement.
• You agree that Administrator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry and/or the Registry System; (2) to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers; (4) for violations of this Registration Agreement; or (5) to correct mistakes made by Administrator or any registrar in connection with a domain name registration. Administrator also reserves the right to lock or place on hold a domain name during resolution of a dispute.
• You must provide the following minimum registration information:
  • Domain name registered;
  • IP address and corresponding names of the primary and secondary name servers for the Registered Name;
  • Original creation date and term of the registration;
  • Name, postal address, email address, voice telephone number, and (where available) fax number of the Registrant of the Registered Name;
  • Name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and Name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.

• Privacy Policy. Please see HostNine’s Privacy Policy for further information on what type of information HostNine collects, how it is used and when it may be disclosed. Subject to HostNine’s Privacy Policy, this Data Request Policy describes the types of requests for data that HostNine may receive and how HostNine may respond to such requests.

• Types of Requests. HostNine receives the following types of requests concerning customer data:
  • Data Requests. A data request is a request for information or documents relating to customer accounts in connection with official criminal investigations or other official legal proceedings. Except in limited emergency situations (see below), HostNine requires data requests to be made through formal U.S. legal process and procedures, and we respond to such requests as required by law. Examples of data requests include:
    • Subpoenas
    • Court Orders
    • Search Warrants
    • Legal process received from outside the United States may require a Mutual Legal Assistance Treaty (MLAT) with the United States
    • Other forms of legal process such as Civil Investigative Demands
  • Preservation Requests. A preservation request asks HostNine to preserve customer account records in connection with official criminal investigations or other official legal proceedings. Preservation requests must include the following information:
    • Identification of the account(s) at issue (as further described in Section 4 below);
    • Identification of the investigating agency and/or specific pending official proceedings (requests must be signed on law enforcement letterhead );
    • Assurances that the requesting agency or individual is taking steps to obtain appropriate legal process for access to the data that HostNine is being asked to retain; and
    • A valid return email address and phone number.
  • Emergency Requests. An emergency request is only appropriate in cases involving imminent serious bodily harm or death. We respond to emergency requests when we believe in good faith that such harm may occur if we do not respond without delay.
• Notice to HostNine Customers. HostNine’s policy is to notify its customers of requests for their data unless HostNine is prohibited from doing so by statute or court order. 

• Information to Include in a Request. The following information must be included in a request for customer data:
  • First and last name of the customer and email address associated with the account; and
  • Domain name and/or IP address associated with the account.
  HostNine may not be able to respond to a request without this information.
  
  Additionally, HostNine reserves the right to request a copy of the complaint and any supporting documentation that demonstrates how the information requested is related to the pending litigation and the underlying subpoena.
• Sending a Request to HostNine. HostNine is located in Austin, Texas and all Requests should be sent to that location or mailed:
  
  HostNine, LLC.
  ATTN: Legal Department
  2500 Ridgepoint Drive, Suite 105c
  Austin TX 78754
  
  You may electronically submit the Request to the Security Department using the contact form at the following link: https://support.hostnine.com/index.php?/Tickets/Submit/.
  
  IMPORTANT NOTE: IN THE EVENT YOU SEND US A NOTICE OF ANY KIND USING THE ELECTRONIC SUBMISSION FORM AND AND DO NOT RECEIVE A RESPONSE FROM US, PLEASE SUBMIT A DUPLICATE COPY VIA PAPER. DUE TO THE VAGARIES OF THE INTERNET AND EMAIL COMMUNICATION IN PARTICULAR, INCLUDING WITHOUT LIMITATION THE BURDENS OF SPAM AND THE OCCASIONAL UNINTENDED EFFECTS OF SPAM FILTERS, SENDING AN ALTERNATE FORM OF NOTICE, WILL HELP ASSURE THAT YOUR NOTICE IS RECEIVED BY US AND ACTED ON IN A TIMELY MANNER.
• Fees. HostNine may seek reimbursement for costs in responding to requests as provided by law and may charge additional fees for costs in responding to unusual or burdensome requests.
• Available Information. Depending on the type of formal legal process provided, HostNine may be able to respond with one or more of the following types of data:

  • Non-Content. HostNine will produce non-content information such as basic subscriber information which may include the following subject to a valid request:
    • Name
    • Email addresses
    • Date and time of account creation
    • Billing information
    • IP Logs

  • Content. HostNine will only produce customer content (such as website files and email content) pursuant to a valid search warrant from an entity with proper jurisdiction.

This file was last modified: June 8, 2017.