This Service Agreement ("Agreement") sets forth the terms and conditions of your use of various services of Domain Bank, Inc. ("Domain Bank"). By requesting services from Domain Bank, you represent that you have read and agreed to be bound by all terms and conditions of this Agreement, including the Dispute Policy, and any rules or policies that are or may be published by Domain Bank. Domain Bank is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between Domain Bank and ICANN ("ICANN Agreement"). You acknowledge that Domain Bank may modify this Agreement if necessary to comply with its ICANN Agreement, or as otherwise provided herein. In this Agreement, "you" and "your" refer to the party requesting services from Domain Bank, and "we", "us" and "our" refer to Domain Bank.
1. Dispute Policy
You agree to be bound by the current Domain Bank Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference. The Dispute Policy can be found at http://www.domainbank.com/reg_dispute.cfm. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy. Domain Bank may modify the Dispute Policy in its sole discretion at any time. Your continued designation of Domain Bank as the registrar of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time a third party challenges your domain name.
2. Use of Your Information
As part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. This information includes (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameservers for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the zone contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois data.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be a basis for cancellation of your domain name. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. In the event that, in registering the domain name, you are providing information about a third party, or license your domain name registration 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 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 Agreement.
You acknowledge and agree that Domain Bank will make the registration information that you provide or that we otherwise maintain available to ICANN, the registry administrator(s) and to such other parties as ICANN or applicable laws may require or permit. You further agree that we may make publically available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available.
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 name (including any updates to such information), whether during or after the term of your 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 your domain name registration information by us.
You may access your domain name registration information in Domain Bank’s possession to review, modify or update such information, by accessing our domain manager service or profile manager service, or similar service, made available at our Web site.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure or use, or alteration or destruction, of that information. Domain Bank shall have no liability to you or any third party to the extent such reasonable precautions are taken.
3. Use Policies
You agree to use your domain name only in accordance with applicable laws.
As consideration for the services provided to you by Domain Bank, you agree to pay to Domain Bank the applicable fees for such services. With respect to domain name registration and related services, if at any time any fees or other charges payable to the registry for a domain name registered by Domain Bank on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by Domain Bank on your behalf, fees payable by you to Domain Bank under this Registration Agreement will increase by such amount. All fees are non-refundable. You will be notified when renewal fees are due. Should these fees go unpaid by the time specified in the renewal notice, Domain Bank shall have the right to cancel your registration and delete your domain name. Unless otherwise agreed, payment shall be made by credit card and your domain name will not be registered unless we receive appropriate authorization from your credit card company. You agree that Domain Bank shall have the exclusive right to act as registrar of your domain name for the initial term of registration plus one (1) year of renewal (but only if you renew the registration of the domain name), and only if the renewal fee charged by Domain Bank for the renewal term does not exceed the annual registration fee for the initial registration, exclusive of promotional discounts, plus any increase in fees charged by the registry, ICANN or any other regulatory body.
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration or renewal fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Domain Bank as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$200.
5. Agents and Licenses
You agree that if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of your domain name to a third party, you re-main the domain name holder, and remain responsible for all obligations under this Agreement.
6. Limitation of Liability
YOU AGREE THAT DOMAIN BANK WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO DOMAIN BANK’S REGISTRATION SYSTEM; (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND DOMAIN BANK; (E) EVENTS BEYOND DOMAIN BANK'S REASONABLE CONTROL; (F) THE PROCESSING OF YOUR APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, DOMAIN BANK 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 DOMAIN BANK HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DOMAIN BANK'S MAXIMUM LIABILITY EXCEED FIVE HUNDRED DOLLARS ($500.00 USD). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Domain Bank, its affiliates and business partners, and any applicable domain name registry, including without limitation Network Solutions, Inc., and the directors, officers, employees and agents of each of them, from and against any and all claims, actions, losses, damages, expenses and costs, including reasonable attorneys' fees and expenses, arising out of or relating to (i) your domain name registration, (ii) any breach by you of this Agreement, including the Dispute Policy, or (iii) any third party claim, action, or demand related to your domain name or the use thereof.
8. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You represent and warrant that all information provided by you in connection with your registration is complete and accurate and that you have full capacity and authority to enter into this Agreement. Domain Bank makes no representations or warranties of any kind in connection with this Agreement. Domain Bank does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
9. Breach and Revocation
You must remedy any breach of your obligations under this Agreement within 30 days after notice by Domain Bank. If you fail to cure the breach within such period, Domain Bank shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify your registration of the domain name.
You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN adopted policy, or pursuant to any registrar or registry administrator procedures not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Domain Bank, another registrar or the registry administrator in registering the name or (2) for the resolution of disputes concerning the domain name.
You also agree that Domain Bank shall have the right in its sole discretion to delete, revoke, suspend, transfer or otherwise modify a domain name registration at such time as Domain Bank receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the deletion, revocation, suspension, transfer or modification of the domain name registration.
10. Right of Refusal
Domain Bank, in its sole discretion, reserves the right to refuse (i) to register or reserve your chosen domain name and (ii) to provide any other service requested. Further, Domain Bank reserves the right to delete your domain name within thirty (30) days after receipt by Domain Bank of payment for such services, or the date of registration of your domain name, if later. In the event that we do not register or reserve your domain name or provide other requested services, or we delete your domain name within such thirty (30) day period, we agree to refund your applicable fees paid. You agree that Domain Bank shall not be liable to you for any loss or damages that may result from our refusal to provide any such services, or the deletion of your domain name.
11. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the Commonwealth of Pennsylvania, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Pennsylvania. Any action to enforce this Agreement or any matter relating to your use of the Domain Bank site shall be brought exclusively in the United States District Court for the Eastern District of Pennsylvania or in the state courts of Northampton County, Pennsylvania. Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder's domicile, and (b) where Domain Bank’s headquarters are located, currently Northampton County, Pennsylvania.
12. Modifications to Agreement
During the term of this Agreement, you agree that Domain Bank may revise, amend or modify the terms and conditions of this Agreement, including the Dispute Policy. Any such change will be binding and effective immediately on the date on which the revised Agreement is posted on our web site at http://www.domainbank.net/reg_agreement.cfm, or on which notification of such changes is sent to you by e-mail or United States mail, as applicable. You agree to review Domain Bank’s web site periodically to keep track of any such changes to the Agreement. Such changes will remain binding on you until such time as Domain Bank is no longer the registrar of your domain name. If any such change constitutes a materially adverse change to you, you may change the term of this Agreement.
Except as otherwise expressly provided above, no provision of this Agreement, including the Dispute Policy, may be amended or modified by you except by means of a written document signed by Domain Bank.
This Agreement, including without limitation the fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitutes the complete and exclusive agreement between you and Domain Bank, and supersedes and governs all prior proposals, agreements, or other communications.
If your domain name is parked on Domain Bank's servers but not in active use, you agree that Domain Bank may point such domain name to an under construction or registered or reserved style page designated by Domain Bank until you request otherwise.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Domain Bank to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Domain Bank of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Domain Bank will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Domain Bank as reflected in the original provision. All provisions of this Agreement shall survive the termination or other expiration of this Agreement.