(Terms and Conditions)
This Services Agreement ("Agreement") provides the terms and conditions of your use of Get Yer Name! ("Get Yer Name!") domain name registration, internet service provider and other related services. In this Agreement, "you" and "your" refer to each customer and "we", "us" and "our" refer to Get Yer Name!.
This Agreement will become effective when Get Yer Name! accepts your order. Get Yer Name! may accept or reject your order(s) for any reason at its sole discretion.
Aim High! Inc., Get Yer Name! (Get Yer Name, GYN) is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .biz, .com, .info, .net, .org and .pro Top Level Domain's ("TLDs"). Our Accreditation Agreement with ICANN requires us to follow ICANN policies which affect the way we provide domain name registration services. This Agreement is also subject to the terms of the agreements that we have with all Registry Operators (the "Registries"). This Agreement is subject to any new policies and terms that ICANN and the Registries may issue from time to time.
Upon accepting your domain name registration application, Get Yer Name! is your sponsor for that application. All domain name applications we register for TLD's are not effective until we have delivered the domain name registration information you provide us to the Registry for the TLD, as applicable, and the Registry puts into effect your domain name registration. You agree to be bound by the rules, policies, and agreements of each Registry from which you purchase a domain registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries. Information on transfers to our system should be directed to the support email address listed below.
You will be notified via an email message or via your account information when renewal fees are due. You must access the renewal link for that domain name to initiate a renewal at least five (5) business days prior to the expiration date. If you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and you may no longer have use of that name. You agree that we will not be responsible for cancelled domain names that you fail to renew. In most cases the registries will auto-renew the domain name for a period of one year. This will appear on public WHOIS searches, but NOT on our WHOIS. Our WHOIS will show the correct expiration date. We reserve the right to allow you up to an additional 30 (thirty) to 40 (fourty) days to renew your name after the expiration period and to provide additional communications to you informing you that the domain has expired, though we are not obligated to do so. At no later than this 30 to 40 day period, we may delete the domain registration and allow it to enter RGP (Registration Grace Period) at the repective registry, suspend the registration, redirect the domain name to a webpage advising you of a billing problem or otherwise advertising our products or services or those of a third party, allow another party to register or use the domain name or take any other action permitted under the Registration Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If your name is deleted from our system, it will enter RGP (Registry Grace Period) at the registry. The recoverable grace period last for 30 (thirty) days after the domain is deleted from our system. A fee of $90 US will be assessed to recover a domain from RGP plus a three year renewal fee, the domain will be kept on an account hold for a 14 month period. If you signed up for domain masking, domain forwarding, or any other similar service, with your domain registration, these services may be automatically renewed when your domain registration is up for renewal, and you may incur an additional renewal fee unless you cancel them in writing in advance.
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with Get Yer Name!, within 60 days of a domain information change, including but not limited to contact information, complete contacts or name servers or when you may suffer a loss of registration time. When we request, you agree to provide us with a signed authorization on the ICANN form for the transfer of the domain name to another registrar. You further agree to pay any and all applicable fees to effect the transfer. Your request to transfer to another registrar may be denied in situations described in ICANN policy, including but not limited to: a dispute over the identity of the domain name holder, evidence of fraud, and default in the payment of fees.
You may order internet services provider services, including email, web hosting, domain forwarding and other services available on our website which shall be subject to the terms of this Agreement. Specific information about WHOIS Protection Services. When implementing WHOIS Protection you agree to revoke your ownership in the domain you are protecting. This ownership can be revoked by the new owner at the new owners sole discretion. If the WHOIS Protectin Service is removed, you specifically agree, the domain will remain on a tranfer lock for a 30 day period.
In consideration for the services we provide to you, you agree to pay Get Yer Name! the applicable service(s) fees prior to services being provided. Your requested domain name will not be registered or renewed unless we receive actual payment of the applicable fee. 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 your then current registration term. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form or on our website.
If we receive a chargeback by a credit card company or similar action by another payment provider (a "Chargeback") in connection with the payment of a registration or renewal fee for your domain name, you agree and acknowledge that the domain name registration shall be transferred to Get Yer Name! as the paying entity for that registration to the Registry. 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 Chargeback fee, currently set at $200 USD. Should these fees go unpaid within the time specified in a second notice or reminder regarding renewal, your registration will be cancelled. If we receive a Chargeback on payment of any services, you agree to pay the then-current Chargeback fee and to reimburse us for all costs of collection, including reasonable attorneys' fees. This section shall survive any termination of domain registration or this Agreement.
As part of the registration process, you are required to provide accurate and reliable information and to update this information within five (5) business days of any change to keep it current, complete and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following:
You agree and acknowledge that when you renew your domain name 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 registration may not be renewed. All other information which we may request from you at registration is voluntary. However, not providing the requested information may prevent you from obtaining all products and services we make available to domain name registrants.
In addition to the information you provide, we maintain records relating to your domain name registration. These records may include:
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 sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to our inquiries concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
You agree and acknowledge that Get Yer Name! will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that Get Yer Name! may make publicly 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.
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 and other information by Get Yer Name!.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing the information at our site (when available) http://www.getyername.com or via a similar service. In order to change any of your account information or registration information with us, you may use the Account User Name and Password that you selected or provided to you when you opened your account with us. If no account has yet been opened or access is limited, you may email your update request to the email address specified at the site or use an approved form to fax this information. Please safeguard your Account User Name and Password from any unauthorized use. You agree that any person in possession of your Account User Name and Password will have the ability and your authorization to modify your account information. For requests made via email or fax, additional identity confirmation may be requested. In no event will we be liable for the unauthorized use or misuse of your Account User Name or Password. Get Yer Name! will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
By requesting services from us under this Agreement, you agree to be bound by our current Dispute Policy located on the ICANN site
If you order from us bulk access to the data subject to public access under ICANN rules, you agree: (a) not to use the data to allow, enable, or otherwise support the transmission by e-mail, telephone, or facsimile of mass, unsolicited, commercial advertising or solicitations to entities other than your own existing customers; (b) not to use the data to enable high-volume, automated, electronic processes that send queries or data to the systems of any Registry or ICANN-Accredited registrar, except as reasonably necessary to register domain names or modify existing registrations; and (c) not to sell or redistribute the data except insofar as you have incorporated it into a value-added product or service that does not permit the extraction of a substantial portion of the bulk data from the value-added product or service for use by other parties.
You agree to obtain from each of your customers who may be acquiring a domain name through you using our registration services ("Your Customers") acceptance of our then current Services Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that Your Customers accept additional terms and conditions that are not required by Get Yer Name!, you agree that such additional terms and conditions shall not conflict with Get Yer Name!' Services Agreement and the policies and business procedures adopted by ICANN. You agree to provide Your Customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to us so that we may update our registration records. You will retain copies of all communications between you and Your Customers and will provide us copies upon request.
You agree to inform Your Customers that they are in fact registering their domain name through Get Yer Name! and that Get Yer Name! is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site. You agree that Get Yer Name! is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to our registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.
If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to bind that person as a principal to all terms and conditions provided herein.
If you are providing information about or on behalf of a third party when registering a domain name, you represent 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. By registering a domain name or applying for services you also represent that the statements in its application are true and you also represent that the domain name is not being registered for any unlawful purpose.
You agree that if you intend to license or actually license the use of the domain name registered to you to a third party, you remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration. If you license the use of a domain name according to this provision, you shall still accept liability for harm caused by wrongful use of the domain name.
You agree and acknowledge that Get Yer Name! owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those 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, e-mail address, voice telephone number, and where available fax number of all contacts for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the Whois or similar database, and (e) any other information we generate or obtain in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary name server and any secondary name servers for the domain name, and the corresponding names of those name servers. Get Yer Name! does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
You agree that Get Yer Name! will not be liable for any (1) suspension or loss of the domain name registration in your name, (2) use of your domain name registration, (3) interruption of business, (4) access delays or access interruptions to our site or the web site(s) or services you access by the domain name registered in your name; (5) loss or liability resulting from acts of god or events beyond our control (6) data non-delivery, mis-delivery, corruption, destruction or other modification; (7) errors, omissions or any other actions by the registry arising out of or related to your application and receipt of, or failure to receive, a domain name registration; (8) the processing of your application or renewal of domain name registration; or (9) loss or liability resulting from the unauthorized use or misuse of your account identifier or password. Get Yer Name! 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 Get Yer Name! has been advised of the possibility of such damages. In no event shall Get Yer Name!' maximum aggregate liability exceed the total amount paid by you for the service that is the subject of the claim. 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, release, indemnify, and hold Get Yer Name! and the Registries, including without limitation VeriSign, Inc., Afilias Limited, NeuLevel, Inc., NeuStar, Inc., SITA and Public Interest Registry, their contractors, agents, employees, officers, agents, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, relating to or arising under this Agreement, the Get Yer Name! services provided hereunder or your use of the Get Yer Name! services, including without limitation infringement of any intellectual property or other proprietary right of any person or entity, or from the violation of any Get Yer Name! operating rule or policy relating to the service(s) provided. When Get Yer Name! is threatened with suit by a third party, Get Yer Name! may seek written assurances from you concerning your promise to indemnify Get Yer Name!. Your failure to provide those assurances may be considered by us to be a material breach of this Agreement and may result in deactivation or loss of your domain name. IF LAWSUIT(S) OR OTHER LEGAL ACTIONS ARE THREATENED: If we are sued or threatened with lawsuit by any party, in connection with Service(s) provided to you or disputes arising from Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses in relation to the matter for the coming year. Such deposit will be drawn down as expenses are incurred, with all account notices sent to the WHOIS contact information provided in association with your domain names and/or account. We shall not be obliged to extend you any credit in relation to such expenses and we may terminate the Services for a failure to make or renew such a deposit. We will return any unused deposit upon the later of one year from deposit or the conclusion of the matter.
You agree to indemnify, defend and hold harmless Get Yer Name!, the Registries and their subcontractors, shareholders, directors, officers, employees, affiliates, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This indemnification requirement shall survive the termination or expiration of the registration agreement.
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 further represent and warrant that all information provided by you in connection with your domain name registration is accurate and complete.
All services are provided to you "AS IS." Except for our statement regarding our accreditation as an ICANN-accredited domain name registrar, we make no representations or warranties of any kind whatsoever, express or implied, in connection with this agreement or its services, including but not limited to warranties of merchantability or fitness for a particular purpose. Without any limitation to the foregoing, Get Yer Name! makes no representations or warranties of any kind whatsoever that registration or use of a domain name under this agreement will immunize you either from challenges to your domain name registration, or from suspension, cancellation or transfer of the domain name registered to you. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions may not apply to you.
Get Yer Name! reserves the right to suspend, cancel, transfer or modify your domain name registration or suspend, cancel or modify other services we provide in the event (a) you fail to pay any fees within five (5) written days of notice from us; (b) you materially breach this Agreement and do not cure such breach within thirty (30) days of notice from us, (c) 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, (d) you use your domain name in connection with unlawful activity, or (e) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Get Yer Name!) or Registry procedures approved by an ICANN-adopted policy: (1) to correct mistakes by Get Yer Name!, another registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the domain name.
You also agree that Get Yer Name! shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Get Yer Name! receives a properly authenticated order from a court of competent jurisdiction or arbitration award, requiring such action.
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Get Yer Name! service(s), or to delete your domain name within thirty (30) calendar days from receipt of your payment for such services. In the event we do not register or reserve your domain name or register you for other Get Yer Name! service(s), or we delete your domain name or other Get Yer Name! service(s) within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or reserve, or delete your domain name or register you for other Get Yer Name! service(s).
Except as otherwise set forth in the Dispute Policy with respect to disputes, 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 State of Colorado, without regard to that states conflicts of laws provisions. With regard to any action arising from the use of the registered name, you agree that you shall submit to the jurisdiction of the courts of Jefferson County, Colorado and to the courts of your domicile. You agree that any action relating to or arising out of this Agreement shall be brought in the courts of Jefferson County, Colorado. You waive the right to personal service by the courts and agree that service by postal mail to the listed WHOIS record holder is sufficient and that service will be complete within 7 (seven) days of the service papers being sent.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO THIS AGREEMENT.
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
You agree that all notices (except for notices concerning breach of this agreement) from Get Yer Name! to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address or to the postal address you have on file with us by first class mail. Notice by email and first class mail shall be deemed to be delivered five (5) days after the date sent. Notices from you to Get Yer Name! shall be made either by email, sent to the address we provide on our web site, or first class mail to our address listed on our home page or contact page.
You attest that you are of legal age to enter into this Agreement. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. Neither course of performance or other failure by us to exercise our rights under this Agreement shall be deemed a waiver of any rights. All waivers must be made in writing by our authorized representative to be effective for that specific situation only. The parties agree to waive any rights at common law or by statute regarding the enforceability of oral agreements which modify this agreement. If any provision of this Agreement is held to be unenforceable, first it shall be modified to the smallest degree necessary to make it enforceable as the parties intended, but if such modification is impossible, this Agreement shall be construed without such provision. This Agreement, together with all modifications and attachments, constitutes the complete and exclusive agreement between you and Get Yer Name!, and supersedes all prior proposals, agreements, or other communications. This Agreement may not be amended or modified by you except by means of a written document signed by authorized representatives of both you and us.
If you are registering a .INFO domain name You also agree to:
If you are registering a .BIZ domain name you also agree to:
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 name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
A. To exchange goods, services, or property of any kind;
B. In the ordinary course of trade or business; or
C. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name.
As a .BIZ domain name registrant, you hereby certify to the best of your knowledge that:
A. The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see:http://www.neulevel.com/countdown/registrationRestrictions.html.
B. The domain name registrant has the authority to enter into the registration agreement; and
C. The registered domain name is reasonably related to the registrant's business or intended commercial purpose at the time of registration.
If you reserved or registered a .BIZ domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this 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 Agreement:
A. The Uniform Domain Name Dispute Policy;
B. The Start-up Trademark Opposition Policy ("STOP"); and
C. The Restrictions Dispute Resolution Criteria and Rules.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name 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 name 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 name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name 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 name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.