For the Web Agency Group LLC Domain Name Registration Services (the “Services”), along with the Master Services Agreement located atwww.legal.Web Agency Group LLC, the following additional terms and conditions also apply (collectively, the “Agreement”):
1.Services. Upon Customer’s (also referred to as “Registrant” or “Registered Name Holder”) request and further subject to this Agreement, Web Agency Group LLC will register an Internet domain name or renew a Registrant’s existing domain name (the “Domain Name”), on behalf of Registrant, with a registrar owned and operated by Web Agency Group LLC (the “Registrar”). Unless the applicable Services order (the “Order”) specifies another Registrar, the Registrar for the Services shall be a Registrar affiliated with Web Agency Group LLC.
2.General. The Services shall begin on the date Registrant acquires the Services and shall run for the term specified in the Order. Registrant acknowledges and agrees that the Services term may be different than the registration term of the Domain Name associated with the Services. If a Domain Name expires and is deleted before the end of the term of the Services, then the Services associated with the Domain Name will terminate when the Domain Name is deleted and that there will be no refund for any resulting unused portion of a Services term. If the Services term ends while the registration term for a Domain Name remains in effect, then the Services will no longer be provided, Registrant’s personal information will be listed in the WHOIS database for the Domain Name, and the communications forwarding services outlined herein will no longer be provided. Registration of a Domain Name is subject to availability of such Domain Name for registration, and Web Agency Group LLC will not be responsible if a Domain Name is not available for any reason. Web Agency Group LLC will further not be responsible for any loss, damage, liability or expense arising out of, or relating to, the registration of a Domain Name in any online or offline network directories, membership lists or registration lists, or the release of the Domain Name from such directories or lists following the termination of the Services by Web Agency Group LLC. If Registrant registers a Domain Name with Web Agency Group LLC, but hosts their Website with another provider, Registrant agrees not to use Web Agency Group LLC name-servers to point any portion of their Domain Name outside of Web Agency Group LLC IP space and will update Registrant’s Domain Name zone files with Registrant’s hosting provider nameserver information. Additionally, Web Agency Group LLC will not point domain name zone file records to sub-directories within Registrant’s main Domain Name. Without limitation on other remedies which may be available under such circumstances, upon breach of the Agreement, Registrant agrees that Web Agency Group LLC may assume complete ownership of the Domain Name, that the Domain Name may be sold to a third party, or that the Domain Name may be pointed to IP numbers of Web Agency Group LLC’s choosing, and that Web Agency Group LLC may immediately cancel Registrant’s Account and all Services provided to Registrant hereunder.
3.Registrant Responsibilities. The registration or renewal of any Domain Name under this Agreement is subject to (i) Web Agency Group LLC receiving from Registrant all information needed from Registrant in order to complete such registration, (ii) such Domain Name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, (iii) such Domain Name not infringing on the rights of any third party, (iv) ) Registrant will use the Services in good faith and that Registrant has no knowledge or reason to believe that the Domain Name or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name, (v) neither the Services nor Domain Name(s) will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email. and (vi) Registrant’s ‘s compliance with this Agreement.
4.Accurate Contact Information. Registrant agrees to keep all WHOIS-related contact information accurate and current including but not limited to email addresses. Registrant may modify contact information through secure access to their Registrant portal. If Web Agency Group LLC deems an email address to be invalid, the Registrar will be required to manually validate the email address and perform necessary modification to ensure accuracy of the Registrant’s WHOIS record(s). Failure by you, for whatever reason, to provide Web Agency Group LLC with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the Domain Name.
The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation; and all WHOIS data elements.
A Registered Name Holder’s willful provision of inaccurate or unreliable information, its willful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered 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 Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept 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.
5.ICANN Regulations. The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Internet Corporation for Assigned Names and Numbers (“ICANN”) specification or policy, or pursuant to Web Agency Group LLC, any applicable law, or registry procedure not inconsistent with any specification or policy, (1) to correct mistakes by Web Agency Group LLC or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name. Registrant’s inability to use a Domain Name shall not entitle Registrant to a refund by Web Agency Group LLC of any fees paid with respect to the registration of such unusable Domain Name. A Registrant’s benefits and responsibilities under the ICANN Registrar Accreditation Agreement (the “RAA”) are set forth on theICANN Registrant’s Rights and Responsibilities page. In accordance with the RAA, the Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.
6.Domain Name Renewals. Provided Registrant is in good standing with Web Agency Group LLC, is not in breach of this Agreement, has a valid credit card on file with Web Agency Group LLC and has not opted out of such renewal at least thirty (30) days prior to the expiration of the Domain Name, Registrant’s Domain Name will automatically renew at Web Agency Group LLC’s then-current retail rates. In the event Registrant does not wish for such Domain Name to automatically renew, Registrant must use the Web Agency Group LLC DNS Manager to opt-out of such automatic renewal. Registrant may access the DNS Manager via the Web Agency Group LLC support website or by contacting Web Agency Group LLC Registrant service. Registrant waives any requirement to obtain Registrant’s ongoing affirmative consent to any such automatic renewal. Registrant will keep Registrant’s credit card information current and accurate, including the expiration date. If Registrant is not in good standing or Web Agency Group LLC is unable to collect renewal or other fees, Registrant agrees that Web Agency Group LLC may suspend or terminate the Services and, as a result, such Domain Name registration will not be processed. Web Agency Group LLC is obligated to notify the Registrant regarding renewal communication as required by ICANN’s ExpiredRegistration Recovery Policy.
For reference, the current Web Agency Group LLCgTLD domain renewal fee is Thirty-Seven Dollars and Ninety-Nine Cents ($37.99) for one (1) year, although this amount may be less pursuant to a promotion, bundled service offering or other discount, while the current redemption fee is Three Hundred and Fifty Dollars ($350.00) plus the related renewal fee. Registrant acknowledges and agrees that the foregoing fees are subject to change at any time at the sole discretion of Web Agency Group LLC.
For Domain Name registrations managed by a registrar other than Web Agency Group LLC, if available and if such option selected by Registrant, Registrant agrees that Web Agency Group LLC shall be authorized to contact Registrant’s Domain Name registration service provider on Registrant’s behalf (and using the credit card provided by Registrant) to renew the Domain Name registration of associated Domain Name.
7.Domain Expiration. Registrant agrees that Web Agency Group LLC bears no responsibility or obligation to make sure Registrant renews the domain name registration prior to expiration and that the Registrant is wholly responsible for being aware of and acting upon such deadlines. Although Web Agency Group LLC may accept an Order for a Domain Name renewal within the forty-five (45) day period prior to the impending expiration date, Web Agency Group LLC will have no responsibility for any expiration of a Domain Name that occurs with respect to an Order submitted within such period. Prior to expiration, Web Agency Group LLC will send notifications with instructions for renewal to the Registered Name Holder email address. Registrant agrees that Web Agency Group LLC may, but is not obligated to, allow Registrant to renew Registrant’s domain name registration services after the domain name expiration date has passed. If the domain name registration is not renewed prior to expiration a notification will be sent to the Registered Name Holder email address shortly following expiration, providing notice that the domain name has expired and providing instructions for renewal for an additional reinstatement fee of Thirty-Five Dollars and Ninety- Nine cents ($35.99). Registrant agrees that after the expiration date of the domain name registration and before it is deleted or renewed, Web Agency Group LLC may direct the domain name to an IP address designated by Web Agency Group LLC that states the domain name registration has expired with instructions for renewal and may further direct the domain name to, without limitation, an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, (i) Web Agency Group LLC, (ii) Web Agency Group LLC product and service offerings, (iii) third-party Websites, (iv) third-party product and service offerings, (v) and/or Internet search engines, and Registrant agrees that we may place our contact information in the WHOIS output for the expired domain name.
8.Changing Registrars.Web Agency Group LLC does not generally perform Domain Name services that require the changing of Registrars, however if Web Agency Group LLC, in its sole discretion, accepts an Order from Registrant of Record for Services that require that the Domain Name change Registrars, Registrant acknowledges that Registrant is solely responsible for complying with the acknowledgement policies of the losing Registrar. Such acknowledgement policies may require Registrant to respond to an e-mail sent to the authorized Transfer Contact, as reflected in the WHOIS database of the losing Registrar. Registrant acknowledges and agrees that neither Web Agency Group LLC nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of Domain Name registration that occurs as a consequence of the Registrant’s failure to respond timely to any losing Registrar query or request for confirmation.
9.Changing Registrar Resellers. If Registrant submits an Order to Web Agency Group LLC to renew a Domain Name that was previously registered through a reseller of the Registrar, Registrant acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require Registrant to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar, and may also require Registrant to settle any open accounts it has with the losing reseller. Registrant acknowledges and agrees that Web Agency Group LLC will bear no liability or responsibility for any delay, inconvenience or expiration of the Domain Name registration that occurs as a result of Registrant’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
10.Under Construction Pages. Registrant agrees that upon registration of a Domain Name with Web Agency Group LLC, if such Domain Name is hosted on an Web Agency Group LLC Domain Name server and does not otherwise resolve to an active Web site, such Domain Name will be pointed to a page as designated by Web Agency Group LLC in its sole discretion (the “Under Construction Page”). The Under Construction Page may be modified by Web Agency Group LLC at any time in Web Agency Group LLC’s sole discretion and without notice to Registrant. The Under Construction Page may include, without limitation (i) links to additional products and services offered by Web Agency Group LLC, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”). If Registrant does not wish to have Registrant’s Domain Name resolve to the Under Construction Page as described herein, Registrant must use the Web Agency Group LLC DNS Manager to disable the Under Construction Page option.
11.Reservation of Rights. Registrant acknowledges and agrees that Web Agency Group LLC has the absolute right and power, in its sole discretion and without any liability to Registrant whatsoever, to suspend the Services, close Registrant’s account, terminate provisioning of the Services, list Registrant’s personal information in the WHOIS output or unmask or otherwise provide the Registrant’s personal information to a claimant or other party to resolve any and all third party claims, whether threatened or made, arising out of Registrant’s use of the Domain Name or the Services, or to take any other action which Web Agency Group LLC deems necessary, in the event that (i) the Domain Name is alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties; (ii) Registrant breaches any provision of this Agreement; (iii) Registrant breaches any provision of the Registrar Terms; (d) if necessary to protect the integrity and stability of the applicable Domain Name registry; (e) if necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; (f) if Web Agency Group LLC is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Registrant’s use of the Services or Domain Name; (g) if necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude using a service such as Private Domain Registration); (h) if necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Web Agency Group LLC, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or (i) any violation of the Web Agency Group LLC Acceptable Use Policy. In the event Web Agency Group LLC takes any of the actions set forth herein or in the event Registrant elects to cancel the Services for any reason, Web Agency Group LLC will not refund any fees paid by Registrant for the Services.
12.Transfer Policy. The ICANN Transfer Policy governing the transfer of domain name registrations is found at https://www.icann.org/resources/pages/registrars/transfers-en. The Transfer Policy covers (1) transfers of domains between registrars, (2) transfers of domains between registrants, and (3) registrant-initiated updates to their contact information (including registrant’s first name, last name, organization and email address). In each of these instances, a verification and notification process will be triggered.
Registrant explicitly authorizes Web Agency Group LLC to act as your “Designated Agent” (as defined in the Transfer Policy) and to approve a “Change of Registrant” (as defined in the Transfer Policy) on Registrant’s behalf.
13.Miscellaneous. As an ICANN-accredited registrar, the Registrar is required to adhere to the following ICANN policies, all of which are incorporated by reference into this Agreement: