DOMAIN NAME REGISTRATION AGREEMENT
1. Introduction. This Domain Name Registration Agreement ("Registration Agreement") is submitted by Private Label Internet Service Kiosk, Inc. (PLISK), an Nevada Corporation. This Registration Agreement shall become legally binding between Registrant and PLISK upon acceptance by PLISK, all according to the terms set forth below. Except as otherwise specified herein, this Registration Agreement applies to the registration of all domain names through the services provided by PLISK The acceptance of this Registration Agreement and the performance of the services hereunder shall occur at the PLISK with offices in Las Vegas, Nevada. By submitting your order for service or authorizing submission on the PLISK website, checking the box "I have read and agree to the PLISK terms and conditions" and by clicking the button "Submit Request", or by using any PLISK service, you agree to accept these terms and intend to be contractually bound by the terms and conditions set forth herein. Registrant may obtain a paper copy of this Registration Agreement by printing it via their own printer or by specific e-mail request to email@example.com or by sending a written request to:
6325 South Jones Boulevard
Las Vegas, Nevada 89118,
2. Definitions. As used in this Registration Agreement, the following terms shall have the following meanings:
2.1 "ICANN" refers to the Internet Corporation for Assigned Names and Numbers.
2.2 "Registrant" when appearing with an initial capital letter refers to the person(s), entity(ies) or association(s) applying to register, renew or transfer a domain name.
2.3 "Registrant Data" when appearing with initial capital letters refers to all relevant information about any Registrant.
2.4 "Registrar" when appearing with an initial capital letter, refers to the accredited Registrar, PLISK who registers the Registrant's domain name with the Registry.
2.5 "Registry" when appearing with an initial capital letter, refers to the person(s) or entity(ies) responsible for providing Registry Services, in accordance with an agreement with ICANN (or its successor) or, in the case of registration of domain names other than for those managed by ICANN, the person(s) or entity(ies) responsible for providing Registry services in accordance with an agreement with (or authorization from) such Registry or its governing body.
2.6 "Registry Services" means operation of the Registry for the registration of generic (gTLD) and country code (ccTLD) Top-Level domain names (including receipt of data concerning registrations and name servers from Registrars, provision of status information to Registrars, operation of the Registry TLD zone servers and dissemination of TLD zone files).
2.7 "TLD" refers to the generic (gTLD) and country code (ccTLD) Top-Level domains in the internet domain name system and future TLD's adopted by ICANN (or its successor) or entity (ies) responsible for providing Registry services in accordance with an agreement with (or authorization from) such Registry or it’s governing body.
3. No Guarantee of Registration, Transfer or Renewal. As a domain name Registrar, PLISK is, upon accepting your application to register, transfer or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate Registry administrator, as applicable, and that Registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful. You acknowledge and agree that PLISK does not guarantee that you will be able to register, transfer or renew a desired domain name, even if our systems indicate that domain name is available or you are able to complete an order with respect to such name. You also understand that PLISK cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other Registry databases. You also acknowledge and agree that PLISK is not responsible for any inaccuracies or errors in the domain name registration or renewal process. YOU ARE SOLELY RESPONSIBLE FOR MAKING SURE THAT YOUR REGISTRATION OR RENEWAL HAS BEEN PROPERLY PROCESSED. You further acknowledge and agree that PLISK may elect to accept or reject your application for registration, transfer or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that PLISK is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
3.1 All domain renewal requests submitted through the PLISK customer management website at https://secure.plisk.com/ will be processed by our sister company. We will send you an email at the time your renewal is received, advising you that the transfer/renewal of your domain through plisk.com will proceed in 24 hours. You have the right to respond that you do not wish to move the domain from PLISK, in which case the renewal will be processed through PLISK. No response on your part constitutes consent for us to proceed with the domain transfer. When the transfer is complete you will receive log in details for DomainIt. You will retain ownership of the domain, and contact details will not be modified as a result of the domain transfer. If the DNS for your domain is pointing to ns1.interimnameserver.com and/or ns2.interimnameserver.com at the time the transfer commences, the DNS may be modified to name servers of PLISK's choosing, until such time as you choose to update the name servers.
4. Registration Fees and Payments / Period of Service. The Registrar's registration fee shall be payable by credit card acceptable to the Registrar in consideration for the registration of each new domain name. Registration is not effective until the registration fee has been paid and cleared into the account of the Registrar and the domain name is accepted by the Registrar and Registry. The amount of registration and renewal fees and maintenance fees vary based upon (a) the type of domain being registered, renewed or transferred and (b) the period of registration, renewal or transfer. All fees are non-refundable.
5. Representations and, Warranties and Covenants. By applying to register, renew or transfer a domain name, Registrant hereby represents, warrants and covenants to the Registrar and to the applicable Registry that (a) the information submitted by Registrant is complete and accurate; (b) to Registrant's knowledge neither the registration of the domain name nor the manner in which it is directly or indirectly used or intended to be used infringes or otherwise violates or will violate the rights of any third party; (c) Registrant is not registering the domain name for any unlawful purpose; (d) Registrant will not knowingly use the domain name in violation of any applicable laws or regulations; (e) Registrant has all requisite power and authority to execute this Registration Agreement and to perform Registrant's obligations hereunder; (f) Registrant is of legal age to enter into this Registration Agreement; (g) Registrant will timely pay all applicable taxes, however designated or imposed, pursuant to the registration and renewal and any property or services provided hereunder; and (h) Registrant will not send unsolicited bulk Email messages ("junk mail" or "spam"). Registrant acknowledges that it is Registrant's responsibility to determine whether the domain name being registered infringes or violates someone else's rights. Registrant further acknowledges that the Registrar will not, and has no obligation to, determine whether the domain name being registered infringes or violates someone else's rights.
6. Covenants Regarding Registrant's Information. Registrant agrees to provide to the Registrar accurate and reliable information. Registrant agrees to promptly correct and update such information during the term of the domain name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number, if available, of the Registrant and of the technical contact and of the administrative contact for the domain name; and all other data required to be provided by the Registrar, the Registry, ICANN or the governing body of the applicable TLD. Registrant must provide the information set forth in the compulsory fields of the registration application, and Registrant may provide the information set forth in the discretionary fields of the registration application. Registrant's willful provision of inaccurate or unreliable information, its willful failure promptly to update information provided to the Registrar, or its failure to respond for over three (3) calendar days to inquiries by the Registrar concerning the accuracy of contact details associated with the Registrant's registration shall constitute a material breach of this Registration Agreement and shall be a basis for cancellation of the domain name registration.
7. Use of Information / Consents. Registrant acknowledges and consents to use of Registrant's information for the following purposes: (i) transmission to the applicable Registrar and Registry and others who will receive the information from the Registry; (ii) free public query-based access to Registrant Data concerning all active domain registrations; (iii) use by the Registrar for inclusion in registers and database(s) produced by the Registrar or its licensees. Registrant may access Registrant Data provided to the Registrar by accessing their client account on the secured website at: http://secure.plisk.com/. Registrant warrants that it has provided notice to, and has obtained consent from, any third party individuals whose data is supplied to the Registrar regarding the uses of such information as set forth in clauses (i), (ii) and (iii) of this Section. The Registrar agrees that it will not process the data collected from the Registrant in a way that is incompatible with the purposes and limitations set out in this Section. The Registrar further agrees that it will take reasonable precautions to protect data obtained from Registrant from loss, misuse, unauthorized access or disclosure, alteration or destruction.
8. The data in PLISK's WHOIS database is provided to you by PLISK for information purposes only, namely to assist you in obtaining information about or related to a domain name registration record. PLISK makes this information available "as is," and does not guarantee its accuracy. By submitting a WHOIS query, you agree that you will use this data only for lawful purposes and that, under no circumstances will you use this data to: (1) allow, enable, or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via direct mail, electronic mail, or by telephone; or (2) enable high volume, automated, electronic processes that apply to PLISK (or its systems). The compilation, repackaging, dissemination or other use of this data is expressly prohibited without the prior written consent of PLISK. PLISK reserves the right to modify these terms at any time. By submitting this query, you agree to abide by these terms.
9. Agency. Any Registrant that intends to license use of a domain name to a third party is nonetheless the domain name holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. A Registrant licensing use of a domain name according to this provision shall accept liability for harm caused by wrongful use of the domain name, and the indemnification provisions provided below shall apply as if Registrant were the both the holder and the licensee of the domain name.
10. Chargeback of Fees. In the event that Registrant registers, renews or transfers a domain name through the Registrar and the registration, renewal or transfer fee is not, for any reason, immediately received by the Registrar or is charged back to the Registrar for any reason, Registrant agrees to promptly send a certified check payable to the Registrar for the full amount due, including charge back and/or processing fees, and allow the Registrar to change the domain status for the domain name (s) to "Registrar Hold" status until such payment is honored.
11. Limitation of liability. Registrant agrees that neither the Registrar nor the Registry shall have liability to the Registrant for any loss Registrant or any third party may incur in connection with the Registrar’s processing of this registration agreement (or processing by the Registrar or applicable Registry) or the use of the domain name by Registrant or its agents or licensees or the processing of any authorized modification to the domain name record during the covered period, or the failure by the Registrant's agent (including the Registrant's internet service provider) to pay either the registration fee or renewal fee, or as a result of the application of the provisions of the dispute policy (as defined below) or any losses suffered by Registrant as a result of e-mail services, website forwarding, website hosting or internet protocol pointing by the Registrar. Registrant further agrees that the Registrar shall have no liability for malfunction or defect of any hardware, equipment or component or loss incurred by any person due to electrical failure (including electrical power interruption, surge, brownout or blackout). In addition, the Registrar shall have no liability for losses incurred by Registrant or any third party resulting from unauthorized access to, use of, tampering with or introduction of malicious code into the registration data or the Registrar's systems or the systems of any contractor of the Registrar. In no event shall the Registrar be liable for any consequential, incidental, special or exemplary damages (even if the Registrar has been advised of the possibility of such damages), and in no event shall the Registrar be liable for loss of goodwill, data, revenue or anticipated profits or lost business. Registrant agrees that in no event shall the maximum liability of the Registrar under this agreement for any cause of action exceed the fee paid to the Registrar for the provision of its services. Limitation on liability provided herein shall survive termination of this agreement indefinitely.
12. Indemnification. Registrant agrees to indemnify and hold harmless the Registrar and the Registry and their respective shareholders, directors, officers, employees, subcontractors, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses (including reasonable attorneys' fees and expenses) arising out of or relating to Registrant's domain name registration or renewal or to the Registrant's (or Registrant's licensee's) use of the domain name, and actual or alleged infringement by Registrant or its agents of intellectual property rights, privacy rights or any other rights of third parties. This Section 10 shall survive termination or expiration of this Agreement indefinitely.
13. Breach. Registrant agrees that failure to abide by any provisions of this Registration Agreement or the Dispute Policy (as defined below) may be considered by the Registrar to be a material breach and that the Registrar may provide a written notice, describing the breach to the Registrant. If, within thirty (30) days of the date of mailing such notice, the Registrant fails to provide evidence, which is reasonably satisfactory to the Registrar that it has not breached its obligations, then the Registrar may delete, or may cause to be deleted, Registrant's registration of the domain name. Any such breach by a Registrant shall not be deemed to be excused simply because the Registrar or the Registry did not act earlier in response to that, or any other, breach by the Registrant. Notice may be provided by mail, facsimile or any form of electronic means.
14. Legal Rights in Domain Name and IP Addresses. Registrant acknowledges and agrees that registration of a domain name does not grant ownership rights in the name and does not confer immunity from objection to either the registration or the use of the domain name. The Registrar maintains control and any ownership of any and all Internet Protocol ("IP") network numbers and addresses that may be assigned to the Registrant and reserves the right in its sole discretion to change, move or remove any and all IP network numbers and addresses.
15. Holding Page. Registrant acknowledges and agrees that domain names that are (i) registered with the Registrar, (ii) using the Registrar name servers, and (iii) do not otherwise resolve to an active Web Site/Page, may resolve to a PLISK or third party Holding Page. Registrant agrees that the content of the Holding Page is at the Registrar's sole discretion and that the Registrar may change the content and/or appearance of, or disable any Holding Page at any time and without prior notice. The Holding page may include such things as, without limitation (i) links to additional products and services offered by PLISK, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name pointed to a Holding page, please notify our Support team by visiting http://www.plisk.com/contact.htm.
16. Revocation. Registrant agrees that the Registrar may delete, or cause to be deleted, a Registrant's domain name if this Registration Agreement, or subsequent modification(s) thereto, contains false or misleading information, or conceals or omits any information the Registrar would likely consider material to its decision to approve this Registration Agreement.
17. Right to Refuse Registration. The Registrar, in its sole discretion, reserves the right to refuse to approve this Registration Agreement for any Registrant. Registrant acknowledges that the applicable Registry, ICANN policy or policy of a specific country or governing body regarding domain name registrations may provide that registration of certain domain names is prohibited. Registrant agrees that the submission of the Registration Agreement does not obligate the Registrar to accept this Registration Agreement. Registrant agrees that neither the Registrar nor the Registry shall be liable for loss or damage that may result from the Registrar's refusal to accept this Registration Agreement.
18. Change in Registrar. Registrant agrees that it can change its Registrar for an existing domain name only in accordance with the terms and conditions regarding transfers set forth by the applicable Registry. Registrant agrees that it may not change its Registrar for a period of sixty (60) days subsequent to the initial registration of the domain name. Registrants who transfer domain name(s) to another registrar during the 45 day period following domain renewal may lose the renewal year(s) purchased. You agree that Registrar is not responsible for this lost year and you are not entitled to a refund of the renewal fees paid. Registrar does not provide service or authorization codes for expired domain names.
19. Suspension, Cancellation or Transfer. Registrant agrees that its registration of each domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN or governing body of applicable Registry-adopted policy for TLDs and pursuant to any procedure adopted by the Registrar or Registry for non Registry TLDs (i) to correct mistakes by the Registrar or the Registry in registering the name, or (ii) for the resolution of disputes concerning the domain name. In the absence of a separate policy adopted by the Registrar regarding suspension, cancellation or transfer of a domain name, the Registrar hereby adopts the ICANN or governing body of applicable Registry-adopted policy and such policy shall apply to all domain names. The Registrar reserves the right to adopt any policy for Registry TLDs which is not inconsistent with the ICANN-adopted policy and to adopt any policy for all other domain names which is not inconsistent with any policy then existing for such domain names.
19.1 Inter-Registrar Transfer Policy (IRTP) (effective December 1, 2016). Registrant changes on a domain name may impact the ability to transfer a domain name with a 60 day lock for contact change. These changes may require approval by both the prior contact and updated contact, and these locks and changes are subject to ICANN's IRTP https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en unless impacted by opting out or designation of agent. Registrant is opting in to designation of this registrar as designated agent, at this registrar's discretion, with registration.
20. Deletion and Redemption. Registrant agrees that it’s registration is subject to the auto-renewal, deletion and redemption policies of both the Registry and the Registrar set forth as follows:
20.1 Grace Period to Renew Domain Names. Registrant agrees that the grace period to renew domain names is thirty days after the domain name expires. If you do not renew the domain name prior to or during the grace period, you agree that unless you notify us to the contrary we may, at our sole discretion, renew and transfer the domain name to a different Registrant, rather than delete the domain. Your failure to renew the domain name prior to or during the grace period shall constitute your consent to such a transfer on your behalf. You agree that we shall have no obligation to pay you, and you shall have no right to receive any compensation as a result of this transfer.
20.2 Redemption Period. Registrant also agrees that certain Registry authorities have a redemption grace period whereby domain names that are not renewed within the initial thirty day grace period are placed into a Registrar Hold and Redemption status during which time the Registrant has approximately thirty (30) additional days (as determined by the Registry) to redeem and renew the domain name for a fee of $150.00 USD. The Redemption fee includes a one (1) year renewal of the domain name being redeemed. After processing of the Redemption fee, the Redemption and Renewal will take up to 72 hours for the domain name to become active. To redeem a domain name, send an email to firstname.lastname@example.org
20.3 Re-delegation of Name Servers. Registrant agrees that upon expiration of domain name, the Registrar has the right, at the Registrar’s discretion, to delegate (or re-delegate if applicable) or delete the existing name servers until domain registration has been renewed or redeemed if in the redemption period.
20.4 Deletion. Registrant agrees that expired domain names will be deleted from the appropriate Registry approximately thirty days after the Redemption period has begun or within approximately 60 days after domain name has expired.
21. Dispute Policy. Registrant agrees as a condition to submitting this Registration Agreement that if the Registration Agreement is accepted by the Registrar, the Registrant will be bound by ICANN's then current Dispute Policy ("Dispute Policy") and the Dispute Policy Rules and Procedures. The current version of the Dispute Policy may be found at " http://www.icann.org/udrp/#udrp". The Registrar hereby adopts the Dispute Policy. Registrant agrees that any dispute relating to registration or use of the domain name will be subject to the provision specified in the Dispute Policy. Without prejudice to other potentially applicable jurisdictions, Registrant submits to the jurisdiction of the courts as provided in the Dispute Policy.
21.1 For the adjudication of UDRP disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile and (2) where Registrar is located.
22. Dispute Policy Changes or Modifications. Registrant acknowledges and agrees that upon a change in the Dispute Policy by ICANN or the Registry, unless otherwise disclosed by the Registrar, such changes are also adopted by the Registrar. Registrant agrees that Registrant's maintaining the registration of a domain name after changes or modifications to the Dispute Policy become effective constitutes Registrant's continued acceptance of these changes or modifications. Registrant agrees that if Registrant considers any such changes or modifications to be unacceptable, Registrant may request that the domain name be deleted from the domain name database. The Registrar shall not be obligated to refund any fees paid by Registrant if Registrant terminates this Registration Agreement.
23. Policy for Change of Registrant and Transfers where IRTP is Applicable. The Inter-Registrar Transfer Policy (IRTP) governs domain name transfers between ICANN registrars. The new provisions in the IRTP now specifically include changes to domain ownership (changes to the registrant). This means that any time a material change to a domain name's registrant first name, last name, or email address occurs, a sequence of confirmations, approvals, and possibly emails are now required for registrant information to be modified. Please keep in mind that now even small changes to a domain name's registrant first name, last name, organization, and email address may trigger the validation process. This new policy became effective on December 1, 2016. Material Change of contact details may require confirmation notice and approval. It is the responsibility of the registrant to respond to notices and to maintain true and accurate contact details. Registration of a domain name at this registrar nominates this registrar as their designated agent, at the discretion of this registrar. It is the responsibility of the registrant to validate that any changes of contact for a domain name or updates to a contact detail are reflected at the registry.
24. Changes or Modifications to Registration Agreement. Registrant agrees that, during the term of this Registration Agreement, The Registrar may in its sole discretion revise the terms and conditions of this Registration Agreement at any time. The Registrar agrees to post any such revised Registration Agreement on the Registrar's web site. The revised Registration Agreement shall be binding and effective upon the earlier of (i) posting on the Registrar's website or (ii) upon notification to Registrant by e-mail, United States mail to the then current address provided by Registrant, personal delivery or by any form of electronic means. Registrant agrees to review the Registrar's website and the current version of this Registration Agreement periodically to be aware of any such revisions. If Registrant does not agree with a revision to this Registration Agreement, Registrant may terminate this Registration Agreement by providing the Registrar with notice sent by e-mail to, email@example.com or by United States mail addressed to PLISK at 6325 South Jones Boulevard, Suite 500, Las Vegas Nevada 89118, USA to the attention of the President. Termination shall be effective upon completion of processing of the termination by the Registrar. The Registrar shall have no obligation to refund fees paid by Registrant if Registrant terminates this Registration Agreement. Registrant agrees that Registrant's continued registration of a domain name through the Registrar or continued use of the Registrar's services after any revision to this Registration Agreement becomes effective constitutes Registrant's acceptance of such revisions, and Registrant agrees to abide by and be bound by any such revisions.
25. Severability. Registrant agrees that the terms of this Registration Agreement are severable. If any term or provision is declared invalid, it shall not affect the remaining terms or provisions, which shall continue to be binding. Any provision of this Agreement held invalid or unenforceable only in part or degree will remain in full force and effect to the extent not held invalid or unenforceable.
26. Entirety. Subject to Section 20, Registrant agrees that this Registration Agreement and the Dispute Policy is the complete and exclusive agreement between Registrant and the Registrar regarding the registration and use of Registrant's domain name. This Registration Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy, or precedent.
27. Governing Law. Registrant agrees that this Registration Agreement is governed in all respects by and construed in accordance with the laws of the State of Nevada, United States of America. By submitting this Registration Agreement except as required by the Dispute Policy, Registrant consents to the exclusive jurisdiction and venue of the Courts located in Clark County, Nevada, United States, and all courts hearing appeals from such Courts.
28. Miscellaneous. Nothing in this Agreement may be construed as creating the relationship of agency, partnership or joint venture between the parties. Failure by the Registrar to require Registrant to comply with a provision of this agreement does not affect the right of the Registrar to require any provision to be performed at any time thereafter. By completing and submitting this Registration Agreement for consideration and acceptance by the Registrar, the Registrant agrees that he/she has read and agrees to be bound by all of the terms and conditions set forth herein.