Contract:
Domain Name Registration
Read this agreement carefully, as it contains crucial information about your rights and legal remedies.
- GENERAL INFORMATION
This Domain Name Registration Agreement (this “Agreement”) is entered into between Bizplin and you and will become effective upon electronic acceptance. This Agreement sets forth the terms and conditions of your use of Bizplin’s domain name registration services (the “Domain Registration Service” or the “Services”). The terms “we”, “us”, “our” refer to Bizplin. The terms “you”, “your”, “user”, or “customer” refer to any individual or entity that accepts this Agreement. Unless otherwise specified, nothing in this Agreement is intended to confer rights or benefits to third parties.
Your electronic acceptance of this Agreement means that you have read, understand, acknowledge, and agree to be bound by this Agreement, which incorporates by reference each of (i) Bizplin’s Universal Terms of Service (“UTOS”), (ii) all contracts, guidelines, policies, practices, procedures, registration requirements, or operational rules of the top-level domain (“TLD”) in which you register domains (“Registration Policies”), and (iii) any plan limits, product legal notices, or other restrictions presented on the Domain Registration Services homepage of Bizplin’s website (this “Site”).
You acknowledge and agree that (i) Bizplin, at its sole and absolute discretion, may change or modify this Agreement, and any policy or agreement incorporated herein, at any time, and such changes or modifications will be effective immediately upon posting on this Site, and (ii) your use of this Site or the Services available on this Site after such changes or modifications have been made will constitute your acceptance of this Agreement as revised. If you do not agree to be bound by this Agreement as revised, you must not use (or continue to use) this Site or the Services provided herein. Additionally, Bizplin may occasionally notify you via email of changes or modifications to this Agreement. Therefore, it is important to keep your buyer account information (“Buyer Account”) and email address up to date. Bizplin is not responsible if you do not receive an email notification due to an incorrect or outdated email address.
Bizplin is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”). You acknowledge and agree that as an ICANN-accredited registrar, Bizplin is governed by an agreement with ICANN. You acknowledge and agree that Bizplin may modify this Agreement to comply with its agreement with ICANN, as well as with other terms and conditions set forth by (i) ICANN and/or (ii) the applicable registry for the TLD or country code top-level domain (“ccTLD”) in question. As used in this Agreement, the terms “registry”, “Registry”, “registry operator”, or “Registry Operator” refer to the applicable registry for the TLD or ccTLD in question.
- SPECIFIC PROVISIONS FOR ALL REGISTRIES
Unless otherwise specified, the following provisions in this Section 2 generally apply to all TLDs we offer. Specific provisions for any TLD or ccTLD (additional to those published in the Registration Policies) are identified below in the remainder of this Agreement.
Registration Policies. You agree to comply with all the Registration Policies (defined above in this Agreement) applicable to your domain name registration (at any level). YOU ARE RESPONSIBLE FOR VISITING THE RELEVANT TLD SITE AND READING AND REVIEWING ALL APPLICABLE REGISTRATION POLICIES BEFORE REGISTERING FOR THE TLD. THE REGISTRATION POLICIES FOR EACH TLD CAN BE FOUND BY VISITING THE RELEVANT TLD LINK PROVIDED HERE. Regardless of any conflicting clauses in this Agreement, the Registry Operator for the TLD in which the domain name registration takes place is and shall be a third-party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that third-party beneficiary rights have been granted to the Registry Operator, and that the Registry Operator has relied on its third-party beneficiary rights under this Agreement by agreeing that Bizplin may be a registrar for the respective TLD. The Registry Operator’s third-party beneficiary rights shall remain in effect upon the termination of this Agreement.
Registration Requirements. To the extent that a TLD or ccTLD requires you to meet eligibility (e.g., residency for .JP, .EU, etc.), validation (e.g., DNS validation), or other authentication requirements as a condition of registering a domain name in the TLD, you agree that by submitting an application, or registering or renewing your domain name, you represent and warrant that: (a) all information provided for the registration or renewal of the domain name (including supporting documents, if any) is true, complete, and accurate, and not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria established in the Registration Policies for the respective TLD for the duration of the domain name registration; (c) you have not previously submitted an application for the domain name through another registrar with the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) you acknowledge and agree that although the domain name is accepted for registration, your right to register the domain name may be challenged by other users claiming rights to the domain name; and (e) you acknowledge and agree that the Registry or the registrar may cancel the domain name registration if any of the required warranties are found to be false, incomplete, inaccurate, or misleading.
Ownership. You acknowledge and agree that domain name registration does not grant you, the registry, or any other person any proprietary right in the name used as a domain name or the domain name registration, and that entering a domain name into the Registry will not be construed as evidence of ownership of the registered domain name. You shall not transfer or attempt to transfer any proprietary right in the domain name registration, nor grant or attempt to grant any proprietary right as collateral, nor load or attempt to load the domain name registration in any way.
ICANN Requirements. You agree to comply with the requirements, standards, policies, procedures, and practices of ICANN, under which each applicable Registry Operator has responsibility for oversight in accordance with the Registry Agreement between ICANN and itself, or any other contract with ICANN.
Registration Indemnification. You agree to indemnify, defend, and hold harmless (within 30 days after demand) the Registry Operator and the Registration Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, lawyers, insurers, agents, predecessors, successors, and assigns, from any claims, damages, losses, costs, expenses, causes of action, or other liabilities, whether known or unknown, including reasonable attorney’s fees, arising from or in connection with the registration of your domain name, including, without limitation, the use, registration, renewal, deletion, and/or transfer thereof and/or any violation of the applicable terms and conditions governing the registration. You will not enter into any agreement or commitment regarding any indemnifiable claim of such kind without the prior written consent of the Registrar or Registry Operator. Such consent shall not be withheld unreasonably, and you agree that these indemnity obligations will remain in effect after the termination or expiration of this Agreement for any reason. IN NO EVENT WILL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFITS OR GOODWILL, FOR ANY REASON, WHETHER LIABILITY IS BASED ON CONTRACTUAL, TORT (INCLUDING NEGLIGENCE), BREACH OF EXPRESS OR IMPLIED WARRANTIES, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES, YOUR INABILITY TO USE THE DOMAIN NAME, LOSS OF DATA OR FILES, OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Regulated TLDs. For domain name registration in a “Regulated” TLD, you acknowledge and agree that your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those related to privacy, data collection, consumer protection (including with regard to deceptive and false conduct), honest lending, debt collection, organic farming, data disclosure, and financial disclosures; (b) if you collect and maintain confidential financial and health data, you must implement reasonable and adequate security measures in proportion to the offering of such services, as defined by applicable law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show; .theater; .town, .city, .reise, and .reisen.
Highly Regulated TLDs. In addition to the requirements for regulated TLDs, registration of domain names in a highly regulated TLD is subject to the following requirements: (a) provide administrative contact information, which must be kept updated, for the notification of complaints or abuse reports, as well as contact details of the regulatory bodies or self-regulatory industry bodies pertinent to your primary place of business; (b) declare that you have the necessary authorizations, letters, licenses, or other credentials related to participation in the sector associated with the highly regulated TLD; and (c) notify of any substantial changes affecting the validity of your authorizations, letters, licenses, or other credentials related to participation in the sector associated with the highly regulated TLD to ensure you continue complying with applicable regulations and licensing requirements, and that you generally conduct your activities in the interests of the consumers you serve. Highly regulated TLDs include: .lawyer, .attorney, .bank, .bet, .bingo, .casino, .charity (and IDN equivalent xn--30rr7y), .cpa, .corp, .creditcard, .creditunion, .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery, .university, .vermogensberater, .versicherung, and .wtf. For .doctor, registrants listed as licensed doctors must demonstrate to the Registrar and Registry, if required, that they hold the appropriate licenses.
Special Protection TLDs. In addition to the requirements for regulated and highly regulated TLDs, by registering a domain name in a “Special Protection” TLD, you agree to take reasonable steps to avoid misrepresentation or false assumptions that you or your business are affiliated with or sponsored by any of the country’s or government’s military forces if such sponsorship, endorsement, or affiliation does not exist. Special Protection TLDs include: .army, .navy, .airforce.
Third-Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of a TLD in which you register a domain name is and shall be a third-party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that third-party beneficiary rights have been granted to the Registry Operator, and that the Registry Operator has relied on its third-party beneficiary rights under this Agreement by agreeing that Bizplin may be a registrar for the TLD. The Registry Operator’s third-party beneficiary rights shall remain in effect upon the termination of this Agreement.
Variable and Non-Uniform Pricing. You acknowledge, understand, and agree that the Registration Policies provide that certain domain names in certain TLDs may have variable prices (i.e., standard names vs. premium) and/or may have non-uniform renewal registration prices (for example, the renewal fee for a domain name may differ from other domain names in the same TLD; for example, the renewal registration for one domain may be $100.00, and $33.00 for another domain).
Restriction on Availability of Privacy or Proxy. You acknowledge and agree that, as dictated by the Registration Policies, for certain TLDs, you may not be allowed to purchase private or proxy TLD registrations. In such cases, you must register all TLD records with your personal information, which you represent and warrant is current, accurate, and complete.
- FEES AND PAYMENTS
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay the prices and fees due for the Services purchased or obtained on this Site at the time you order them. Bizplin expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications will be posted online on this Site and will take effect immediately without the need for us to send you any further notice. If you have purchased or obtained the Services for a period of months or years, the changes or modifications to the prices and fees will take effect when the Services in question are due for renewal, as described below. Unless otherwise specified (for reasons such as those highlighted in Section 2(x) above), the renewal price for any domain name in any TLD will be the same as the list price (not sale price) shown when you search for and select a domain and place it back in the cart before purchasing. For example, if the list price is $9.99, and a different renewal price is not specifically identified, the renewal price will also be $9.99. Similarly, if a domain name has a sale price of $8.99, with the list price (not sale price) shown (as strikethrough) at $9.99, the renewal price will be $9.99*. *The renewal price is subject to change prior to the actual renewal date. For all other terms and conditions related to fees, payment, refund, and billing, etc., applicable to the Services offered under this Agreement, refer to the “Fees and Payments” section of the UTOS.
(B) DOMAIN NAME RENEWAL TERMS
When you register a domain name, you will have three renewal options: (i) “Automatic Renewal,” (ii) “Extended Automatic Renewal,” and (iii) “Manual Renewal”:
Automatic Renewal. Automatic Renewal is the default setting. Therefore, unless you select Extended Automatic Renewal, Bizplin will enroll you in Automatic Renewal. Domain names will automatically renew for a period equivalent to your original domain name registration period, for any domain name pending renewal, and we will charge the Payment Method you have on file with Bizplin, at Bizplin’s current rates at that time. Therefore, if you chose to register your domain name for one (1) year, Bizplin will automatically renew it for one (1) year. If you chose to register your domain name for two (2) years, Bizplin will automatically renew it for two (2) years, and so on.
Extended Automatic Renewal. If you are enrolled in the extended automatic renewal plan, Bizplin will automatically renew any domain name that is due for renewal for an additional one-year period on each anniversary of your domain name registration, so the initial registration period will always remain intact. Therefore, if you have chosen to register your domain name for two (2) years, Bizplin will automatically renew it for an additional (1) year on each anniversary of your domain name registration so that your two (2) year registration period remains intact. Therefore, if you have chosen to register your domain name for five (5) years, Bizplin will automatically renew it for an additional (1) year on each anniversary of your domain name registration so that your five (5) year registration period remains intact. Bizplin will charge the Payment Method you have on file with Bizplin, at Bizplin’s rates at that time for the domain name registration for one year.
Manual Renewal. If you choose to disable automatic renewal and cancel the product (e.g., cancel the domain name registration) effective at the end of the current term, you may choose to manually renew the domain name at any time before its expiration date by logging into your Account Manager and manually initiating the renewal or by calling customer service (if you actually want the domain name to be renewed). If you do not properly manually renew the domain name before the expiration date, the domain name will be canceled, and you will no longer be able to use that domain name.
All renewals will be subject to the terms of this Agreement, as modified from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as modified) for all renewed domains. Domain name renewals are non-refundable. If for any reason we are unable to automatically renew your domain name with the selected renewal option, we may automatically renew your domain name for a period shorter than the original registration period as necessary to make the transaction successful. If for any reason Bizplin is unable to receive payment from the registered Payment Method, and you do not respond to our notices, your domain name registration will expire. You are responsible for keeping your Payment Method information up to date, including the expiration date if you are using a credit card. For certain ccTLDs (.am, .at, .be, .br, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), the renewal billing will occur on the first day of the month prior to the expiration month. For certain ccTLDs (.am, .at, .be, .ca, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg), renewal must occur, or must occur manually if the product was previously canceled, before the 20th day of the month prior to the expiration date, or your domain name will be placed in non-renewal status. For some ccTLDs (.es), renewal must be processed no later than seven days before the expiration date, or your domain name will be placed in non-renewal status. When a domain name is in non-renewal status, you can only renew the domain name by calling Bizplin and requesting that the domain name be renewed. You cannot renew the domain name through your account manager. If you do not properly manually renew any canceled product before the expiration date, the domain name will be canceled, and you will no longer be able to use that domain name. You agree that Bizplin will not be held liable for canceled domain names that you fail to renew within the time periods specified in this Agreement. In any case, if you do not renew your domain name on time, additional charges may apply. If you registered for privacy services, protected registration, or any similar service with the registration of your domain name, these services will automatically renew when your domain name registration is renewed, and you will be subject to the additional renewal fee unless you cancel in advance. If you do not renew your domain name within the timeframes indicated in this Agreement, you agree that Bizplin may, at its discretion, renew your expired domain name on your behalf. If Bizplin decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you can reimburse Bizplin for the renewal and maintain the domain name. The Renewal Grace Period is currently twelve (12) days but is subject to change under the terms of this Agreement. For certain ccTLDs (.am, .at, .be, .cn, .com.cn, .net.cn, .org.cn, .de, .eu, .fm, .gs, .it, .jp, .ms, .nu, .nz, .co.nz, .net.nz, .org.nz, .tc, .tk, .tw, .com.tw, .org.tw, .idv.tw, .uk, and .vg) there is no Renewal Grace Period after the domain name expiration date. If you fail to reimburse Bizplin for the renewal during the Renewal Grace Period, your domain name will be suspended and marked for deletion, after which you will have a 30-day cancellation period to redeem your domain name provided it is not subject to an expired domain name auction offer, and you pay Bizplin a Redemption Fee. The cancellation fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name before the end of the 30-day cancellation period, Bizplin may, at its discretion, delete your domain name or transfer it to another registrant on your behalf. During the cancellation period, your domain name will be parked. If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you can pay a Bizplin cancellation fee and redeem your domain name. The cancellation fee is currently $80.00 USD and is subject to change under the terms of this Agreement. If you do not redeem your domain name before the end of the Registry Cancellation Grace Period, the Registry will release your domain name, and it will be available for registration on a first-come, first-served basis. Redemption Grace Periods for renewal and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event of a conflict between the provisions of this paragraph and the terms of ccTLDs, the terms of the ccTLD will prevail.
(C) FREE PRODUCT TERMS
In the event that free products are provided with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event that the domain name is deleted or canceled. For free domain names, you acknowledge and agree that you cannot change the account associated with that free domain within the first five (5) days after registration. If you are offered a free domain name with the registration of another domain, and if the paid domain registration fails, we may, at our discretion, remove the free domain registration or refund the difference between the amount you paid and the value of the free domain. Failed registrations associated with promotional offers may result in the removal of the free or discounted item or an adjustment between the price of the registered domain and the discounted item’s value, at our discretion.
- TERM OF THE AGREEMENT; TRANSFERS; DOMAIN TRIALS
The term of this Agreement will remain in effect as long as you have any domain names registered through Bizplin.
You agree that you will not transfer any domain name registered through Bizplin to another domain registrar within the first sixty (60) days after the initial registration date. You agree that you cannot transfer any domain name within ten (10) days after an Account Change.
You also agree not to engage in “domain tasting” using the five (5) day grace period in which a registrant can choose to cancel a domain name and receive a full refund of the registration fee as a means to test the marketability or viability of a domain name. If Bizplin determines (a determination which Bizplin must make at its sole discretion) that you have participated in “domain tasting,” Bizplin reserves the right to (a) charge you a small fee (which will be deducted from any refunds issued) or (b) deny your cancellation/refund request entirely. Bizplin will not charge any fee if Bizplin cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium domains, which are non-refundable.
You agree that Bizplin will not be governed by (i) representations made by third parties that you may use to purchase Bizplin services, or (ii) general statements that may be posted on Bizplin’s website or appear in Bizplin’s promotional materials.
- UPDATED INFORMATION; USE OF INFORMATION AND EXPIRATION
You agree to notify Bizplin within five (5) business days when the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information accurate and up to date. If, for any reason, you fail to provide Bizplin with accurate and reliable information initially and continuously, it will be considered a material breach of this Agreement and grounds for suspension and/or cancellation of the domain name. If, for any reason, you fail to respond within five (5) business days to any inquiry made by Bizplin to determine the validity of the information provided, it will also be considered a material breach of this Agreement and grounds for suspension and/or cancellation of the domain name. You agree to keep a copy, for your records, of the purchase receipt for your domain name.
You agree that for each domain name you register, you are required to provide the following contact information: postal address, email address, telephone number, fax number for the Registered Name Holder, and if different from the Registered Name Holder, the same contact information for a technical contact, an administrative contact, and a billing contact.
You acknowledge and agree that domain name registration requires this contact information, in whole or in part, to be shared with the registry operator for their use, copying, distribution, publication, modification, or other processing in order to (among other uses as outlined in our Privacy Policy) manage the domain name registration, which may require such information to be transferred across international borders, to and from the U.S., to the EU, for example. As required by ICANN, this information must also be made available via WHOIS, and the registry operator may also be required to disclose this information through that means. Bizplin and the registry operator may be required to store this information with a third-party escrow service. You hereby consent and authorize all such disclosures and publications. Furthermore, you represent and warrant that if you provide information about a third party, you have informed the third party about the publication and purpose of it and have obtained the third party’s consent for such publication. The Registrar will not process the data in a manner that is incompatible with this Agreement. The Registrar will take reasonable precautions to protect the data from loss or misuse.
You agree that for each domain name you register, the following information will be publicly available in the Whois directory as determined by ICANN policy and may be sold in bulk in accordance with the terms of the ICANN contract:
- The domain name;
- Your name and postal address;
- The name, email address, postal address, telephone and fax numbers for the technical and administrative contact;
- The Internet protocol numbers for the primary and secondary name servers;
- The corresponding names of the name servers; and
- The original registration date and expiration date.
- The name of the primary and secondary name server.
- Registrar identity.
You agree that, to the extent permitted by ICANN, Bizplin may make use of the publicly available information you provide during the registration process. If you participate in the resale of domain names, you agree to provide any individual whose personal information you have obtained, information about the potential uses of their personal information in accordance with ICANN’s policy. You also agree to obtain consent and evidence of such consent from individuals to make such use of the personal information they provide.
You agree that Bizplin has the right to publish and share with third parties certain information related to the sale or purchase of domain names on the website, including, but not limited to, (a) the domain name sold or purchased, (b) the sale or purchase price of the domain name, and (c) information related to the time of the sale or purchase.
To comply with any current or future rules and policies for domain name systems, including rules or policies established by CIRA or any provincial or federal government, or by any organization with control or authority to establish rules or policies, you hereby grant us the right to disclose to third parties via a publicly available, interactive registration database, the following information that you are required to provide when requesting a domain name:
- The domain or subdomain names registered by you;
- The name of your organization, type, and postal address;
- The name(s), title(s), postal address(es), email address(es), phone number(s), and, where applicable, fax numbers of the technical and administrative contacts for your domain or subdomain;
- Full host names and IP protocol addresses (IP) of at least two (2) name server hosts (one primary and one secondary at minimum) for your domain or subdomain. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list.
- The corresponding names of those name servers;
- The original creation date of the registration, and
- The expiration date of the registration.
We may be required to make this information available to third parties. We may also transfer or assign this information to CIRA or a third party, as we decide, at our sole discretion.
- YOUR OBLIGATIONS; SERVICE SUSPENSION; BREACH OF CONTRACT
You represent and warrant to the best of your knowledge and belief that neither the domain registration nor the way it is used directly or indirectly infringes the legal rights of any third-party provider. You will comply with all applicable laws, including, but not limited to, those related to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and data and financial disclosures. If you collect and maintain health and financial data, you must implement reasonable and adequate security measures proportionate to the offering of such services, as defined by applicable law. You represent that you have the necessary authorizations, licenses, or other credentials required for participation in the sector related to the registration of a series of TLDs. You will notify any material change to the validity of your authorization, credentials, or other related documentation. You will indemnify and hold harmless the registrar, the registry operator, and their directors, officers, employees, and agents from any claim, damage, liability, cost, or expense (including reasonable attorneys’ fees) arising from the domain name registration or in any way related to it. This obligation shall survive the expiration or termination of this Agreement or the domain name registration.
You agree that, in addition to other cases set forth in this Agreement:
- Your ability to use any of the services provided by Bizplin is subject to cancellation or suspension if there is an unresolved breach of this Agreement and/or any policy currently in effect or subsequently adopted by ICANN that requires suspension or cancellation;
- The registration of any domain name by you will be subject to suspension, cancellation, or transfer according to the specifications or policies adopted by ICANN, or according to Bizplin’s procedures that do not contradict an adopted specification or policy by ICANN (a) to correct errors made by Bizplin or the registry operator when registering a domain name; or (b) for the resolution of disputes related to a domain name.
You acknowledge and agree that Bizplin and the registry reserve the right to deny, cancel, or transfer registrations or transactions, or place domain names under registry lock, hold, or similar status, as they deem necessary, at Bizplin’s or the registry’s sole discretion: (i) to comply with specifications adopted by industry groups generally recognized as having authority over the internet (e.g., RFCs); (ii) to correct errors made by the registry or registrars in connection with the registration of a domain name; (iii) for non-payment of fees to the registry; (iv) to protect the integrity and stability of the registry; (v) to comply with court orders, laws, rules or government requirements, law enforcement requests, or any applicable dispute resolution process; (vi) to comply with applicable ICANN standards and regulations, including but not limited to the registry agreement; (vii) to avoid any liability, civil or criminal, on the part of the registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (viii) for the terms of this Agreement; (ix) arising from the occurrence of any of the prohibited activities described in Section 8 below; or (x) during the resolution of a dispute.
You agree that your failure to fully comply with the terms and conditions of this Agreement and any Bizplin policies or rules may be considered a material breach of this Agreement, and Bizplin may send you notice of such breach, either in writing or electronically (i.e., via email). If you do not provide Bizplin with material evidence that you did not violate your obligations to Bizplin within ten (10) business days, Bizplin may terminate its relationship with you and take corrective action available to Bizplin under applicable law. Such corrective measures may be implemented without notice to you and may include, but are not limited to, the cancellation of the registration of any of your domain names and the discontinuation of any services provided to you by Bizplin. No fees will be refunded if your services are canceled or terminated due to a breach.
The failure of Bizplin to act or notify you of an event that may constitute a breach will not release or absolve you from having committed a breach.
- RESTRICTION OF SERVICES; RIGHT OF REFUSAL
If you host your domain name system (“DNS”) on Bizplin’s servers, or use our systems to send a domain name, URL, or for a system or site hosted elsewhere, or if you have a domain name registered with Bizplin, you are responsible for ensuring that there is no excessive overload on Bizplin’s servers. You may not use Bizplin’s servers or your domain name as a source, intermediary, sender address, or destination address for mail bombs, packet flooding, packet corruption, or other abusive activities. Hacking the server or any other security breach is prohibited. You agree that Bizplin reserves the right to deactivate your domain name from its DNS if Bizplin considers that your site is involved in activities that threaten the stability of its network.
You agree that Bizplin, at its sole discretion, and without any obligation to you, may refuse to accept the registration of any domain name. Bizplin may also, at its sole discretion, and without any obligation to you, delete the registration of any domain name within the first thirty (30) days after the registration has been made.
If Bizplin refuses a registration or deletes an existing registration within thirty (30) days after registration, you will receive a refund for any fees paid to Bizplin related to the canceled or rejected registration. If Bizplin deletes the registration of a domain name that is being used in connection with unsolicited mail or activities that may be morally questionable, no refund will be issued.
- PRE-REGISTRATION
If you submit a request for a pre-registration of a domain name, Bizplin does not guarantee that you will obtain the name, or that you will have immediate access to the domain name if it is obtained. Bizplin may use service providers for pre-registration services.
- PREDOMINANCE OF THE ENGLISH LANGUAGE
This Agreement, along with all applicable policies and product contracts identified above and incorporated herein by reference (collectively, the “Agreement”), is formalized in English. To the extent that a translation is provided, it is for convenience only, and in the event of a conflict between the English version and the translated version, the English version will prevail, provided that the law allows it. When it is mandatory to provide you with a translation and the law considers it binding, (i) both versions must have the same validity, (ii) each party acknowledges that it has reviewed the versions in both languages and that they are essentially the same in all relevant aspects, and (iii) in the case of discrepancies between the two versions, the translated version will prevail, provided the full intention of the Parties has been considered.