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Domain Name Service Agreement

1. Purpose, Acceptance of Terms
2. Service
3. Fees
3.1 Charge-Backs
4. Term
4.1 Revocation
4.2 Renewals, Redemptions, Transfers
5. Registry Operator Role and Indemnification
6. Data Submission and Updates
7. Notices
8. Customer Support and Escalations
9. Domain Disputes
9.1 Transfer Disputes
10. WhoIs Verification
11. Indemnification
12. Limitation of Liability
13. Miscellaneous
14. Definitions

 

1. Purpose, Acceptance of Terms

 
This Domain Name Service Agreement, together with all other documents and policies referenced herein, is a legal agreement ("Agreement") between Deluxe Small Business Sales, Inc. d/b/a Deluxe for Business and the customer purchasing domain name registration services ), together with any company or other business entity you are representing, if any.

Deluxe™s general Terms of Use and Privacy Policy, available at www.deluxe.com, and the documents and policies referred to herein are incorporated by reference into and made a part of this Agreement, unless they are expressly modified below. IF YOU DO NOT AGREE TO THE TERMS OF THIS AGREEMENT, YOU CANNOT PURCHASE OR USE THE SERVICE.

The Service is offered to you conditioned upon your acceptance without modification of this Agreement. Deluxe may update or change, augment or enhance this Agreement or the Service without notice to you. By signing up for the Service and accepting this Agreement you agree to be bound by these modifications. If you do not agree to the changes your sole and exclusive remedy is to cancel your subscription to the Service.

 

2. Service

 

Registration Service Provider will submit the domain name(s) selected by you to the Registry Operator, via the Registrar, for recording into the Registry database for top level domains. You represent and warrant that neither the domain name registration nor the use of your domain name registration will directly or indirectly infringe upon the rights of any third parties.

You will be allowed to select the name servers to serve your domain name. Default name servers will be available for you if you do not have name servers available.

The Registration Service Provider will collect, record and keep data about your identity. Registration Service Provider will allow you to access and update your records. Registration Service Provider will generate, record and keep additional information pertaining to the domain registration such as activation date, transfers, modifications, etc. Registration Service Provider will provide some or all of this data to the public as a public service at its sole discretion and as required by Registrar, ICANN and applicable laws. You agree that domain name registrations are not guaranteed and they are offered on a first-come, first-served availability basis.

 

3. Fees

 

You agree to pay a fee for the Service in accordance with Registration Service Provider™s fee schedule published at its web site (the site you used to sign up for the Services). You agree to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration or renewal date. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. The requested domain name will not be registered unless Registration Service Provider receives actual payment of the registration fee.

 

3.1 Charge-Backs

 

You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reversed payment. Registration Service Provider will decide at its sole discretion whether to hold the name in its own portfolio or to release it for use by others. Registration Service Provider will reinstate such names at its sole discretion and subject to reinstatement fee of $300, in addition to all other fees.

 

4. Term

 

The effective Start Date of this Agreement commences once you complete the sign-up registration process for the Service. You may terminate the Service with advance notice in writing only to Registration Service Provider™s billing department by mail to our corporate address or by contacting us here. You understand that there will be no reimbursement and no pro rate if you decide to terminate the services before the end of a prepaid term, regardless of the reason for the termination. Registration Service Provider reserves the right to suspend, cancel, transfer or modify your domain name in the following cases (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within 30 days of notice by us, (b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement, (c) you use your domain name in violation of our Acceptable Use Policy and Anti-Spam Policy or in connection with unlawful activity, at our discretion, or (d) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet.

 

4.1 Revocation

 

You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by our Registrar, other Registrar or Registry Operator procedures approved by an ICANN-adopted policy, or by any other TLD Registry Operator procedures as the case may be, (a) to correct mistakes by Registration Service Provider, Registrar, other Registrar or the Registry Operator in administering the name or (b) for the resolution of disputes concerning the domain.

You also agree that Registration Service Provider shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration at any time, or at such time as Registration Service Provider receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.

 

4.2 Renewals, Redemptions, Transfers

 

The renewal and redemption of the domain name provided to you as part of the Service is governed by our Domain Name Renewal and Redemption Policy. You agree that it is your sole responsibility to watch the expiration terms and pay your renewal fees on time. Although Registration Service Provider may notify you of renewal fees, it does not have a duty to do so. Failure to pay the renewal fee will result in domain name suspension and release of the domain name for use by others. Credit card accounts will be automatically renewed unless notified prior to expiration date of service.

You understand that you will be prohibited from changing Registrars during the first 60 days after initial registration, during the first 60 days after renewal of the domain name with Registration Service Provider, and during the last 60 days before renewal of the domain name with Registration Service Provider. 

You understand that enabling the “Domain Lock” option for a domain in your Domain Manager Application will apply the “Client Transfer Prohibited” status to that domain name, and that the domain cannot be transferred to another registrar while this status is in effect. This “Domain Lock” can also be removed via the Domain Manager Application.

You acknowledge that the ICANN Transfer Policy found at https://www.icann.org/resources/pages/registrars/transfers-en governs transfer of domains between registrars and between registrants, and updates to domain registrant (ownership) contact information including name, organization, email address, mailing address and phone number may be considered a transfer of ownership of the domain. You accept that in the event that the registrant (owner) of a domain is updated the domain ownership transfer will be approved by Aplus.net, or our designee, as Designated Agent, and once the ownership transfer is completed the domain will be locked for 60 days during which time it cannot be transferred to another Registrar.

 

5. Registry Operator Role and Indemnification

 

You understand and agree that neither the Registration Service Provider nor the Registrar has control over the Registry or the Registry Operator. You agree and acknowledge that Registration Service Provider and Registrar are not liable or responsible in any way for any errors, omissions or any other actions by the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.

 

6. Data Submission and Updates

 

You agree to provide to Registration Service Provider all the data necessary for domain name registration. Registration Service Provider determines the nature of such data at its sole discretion with consideration of rules and procedures set forth by ICANN, Registrar, other Registrars and the Registry Operator. You agree to update all such data within seven (7) days of any change and to submit additional information, if needed. This can be done by following the support link at Registration Service Provider’s home page www.deluxe.com or by contacting us here .

You acknowledge that you may be asked to submit a third party's personal data. In such event you agree to secure the consent of such third party to have his/her (the third party's) personal data submitted and used, as allowed by this agreement. You acknowledge that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be a sufficient basis for cancellation of your domain name registration.

You acknowledge that if you intend to license the use of a domain name to a third party you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical 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 accepts liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.

You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Registration Service Provider concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of your domain name registration.

Registration Service Provider will own all data collected during the registration process and reserves the right to use this data in its sole discretion in accordance with other Registrar, Registry, Registry Operator and ICANN requirements as well as applicable law. You are hereby advised that some or all of such data may be made available to the public. You agree and acknowledge that Registration Service Provider owns all database, compilation, collective and similar rights, title and interests worldwide in Registration Service Provider’s domain name database and all information and derivative works generated from its domain name database. Registration Service Provider will take reasonable precautions to protect your domain name registration data from loss, misuse or disclosure.

 

7. Notices

 

Registration Service Provider will contact you via the email address provided as the primary point of contact in the application form you used to sign up for the Service and which is contained in your control panel. You agree to monitor such contact email and to forward it to appropriate personnel and/or departments within your organization, as applicable. You agree to ensure that all contact information on file with us is kept current.

 

8. Customer Support and Escalations

 

Deluxe can be contacted at dns@deluxeforbusiness.com for all Domain Services questions, and
contact us here for all Billing questions. We can also be reached by phone at +1-800-784-7389. In the event that you need to submit a complaint or concern, please contact us via the Billing or Domain Services email address above and your message will be escalated to the appropriate personnel.

 

9. Domain Disputes

 

You agree to be bound by Registration Service Provider and ICANN’s "Uniform Domain Name Dispute Resolution Policy" ((LINK TO https://www.icann.org/resources/pages/policy-2012-02-25-en). You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the applicable domain name registration is the subject of a dispute. You also agree that in the event of any such dispute, you will indemnify and hold Aplus, other Registrars, Registry and Registry Operator harmless pursuant to this Agreement and the terms and conditions contained in the dispute policy.

 

9.1 Transfer Disputes

 

You agree to be bound by ICANN’s "Registrar Transfer Dispute Resolution Policy" (LINK TO http://www.icann.org/en/transfers/dispute-policy-12jul04.htm) (Dispute Policy), which is hereby incorporated into and made a part of this Agreement. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party. You also agree that, in the event that a domain name dispute arises with any third party, you will indemnify and hold Registrar, Registration Service Provider, Registry and Registry Operator harmless pursuant to the terms and conditions contained in the Dispute Policy.

 

10. WhoIs Verification

 

In accordance with ICANN’s WhoIs Accuracy Program Specification, Registration Service Provider verifies WhoIs information by sending an email to the Registrant (owner) contact listed on the WhoIs record when a new domains is registered; a domain is transferred in to Registration Service Provider; the Registrant information is updated; or we become aware of inaccurate WhoIs information. If the WhoIs verification is not completed within 15 days, the domain will be suspended and all related services will be interrupted until verification is complete. The expiry date of a suspended domain is not altered, and no refunds will be made for interruptions related to incomplete WhoIs verification. Previously verified contact information sets do not need to be re-verified. For more information visit http://verifymywhois.com or contact our Domain Services team at +1-800-784-7389 or dns@deluxeforbusiness.com.

 

11. Indemnification

 

You agree to indemnify and defend by counsel reasonably accepted by Registration Service Provider, Registrar or corresponding Registry Operator, protect and hold harmless the Registration Service Provider, Registrar and the corresponding Registry Operator and their directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including reasonable consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to your use of the domain name registration services provided by Registration Service Provider to you.

 

12. Limitation of Liability

 

Registration Service Provider will not be liable for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the domain name registration Service, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties, even if Registration Service Provider has been advised of the possibility of such damages. The foregoing limitation of liability will apply whether any claims are based upon principles of contracts, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.

Registration Service Provider™s maximum aggregate liability shall not exceed the total amount paid by you for the Services for the previous six months from the incident giving rise to any such claim, or $500.00, whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases Deluxe™s liability will be limited to the fullest extent permitted by applicable law.

 

13. Miscellaneous

 

This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.

This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts Registration Service Provider has with Registrar, ICANN and the Registry Operator. You will be notified of such modifications if they are material to this Agreement or the Service. Your continued use of the Service after such notification will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Service and to have your domain name registration transferred to a different domain name registrar.

This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Service shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.

 

14. Definitions

 

Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Abacus America, Inc. is an ICANN accredited Registrar for defined TLDs.

Data Escrow services are required by ICANN. Registrar uses Iron Mountain for its WhoIs data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored.

DNS refers to the Internet domain-name system.

ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a non-profit, non-government organization recognized by the US Government and the Internet Industry as a regulatory body for the system of TLDs.

Registered Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).

Registered Name Holder means the holder of a Registered Name.

Registrar refers to Abacus America, Inc. who is an ICANN accredited.

Registration Service Provider means services provided by Deluxe Small Business Sales d/b/a Deluxe for Business who is the parent company and contracts with Registrar to provide domain name registration services.

Registrar Services means services provided by a Registrar in connection with a TLD as to which it has an agreement with the TLD's Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database.

Registry means the electronic directory where all TLDs are held. The Registry administrator (RA) maintains the Registry.

Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by Registrars in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.

Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD.

Registry Services with respect to a particular TLD, shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD.

TLD is a top-level domain of the DNS. Registration Service Provider, via Registrar, registers the following TLD™s: include .com, .net, .org, .biz, .info, .name, mobi, .bz, .tv, .us, .cc and .ws domains.

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