The term "you" shall refer to yourself. By entering
into this agreement, in addition to transactions entered
into by you on your behalf, you also agree to be bound by
the terms of this agreement for transactions entered into
on your behalf by anyone acting as your Agent. You
also agree to be bound by the terms of this agreement for
transactions entered into by anyone who uses the account
you've established with Host'n'Domain.com, whether or not
the transactions were in your behalf.
To complete the registration process, you must read this
entire agreement, as well as our dispute policy and agree
to be bound by all the terms and conditions. You acknowledge
that Host'n'Domain.com is a registrar bound by an agreement
between Host'n'Domain.com and the Internet Corporation for
Assigned Names and Numbers ("ICANN"). You agree that
Host'n'Domain.com may modify this agreement in order to
comply with applicable law and the terms and conditions
set forth by ICANN.
.edu.pk Domain Registration
The domain registrant for .edu.pk domain extensions must be a bona fide educational institute, with sizeable active student enrollment. PKNIC (PK domains registrar) requires an evidence of Educational Institute with active student enrollment for .edu.pk domains. This can be a letter or registration certificate by a Government education department, tax ID certificate for a commercial education institute bearing the name of the institute matching the domain name, a prospectus for student admissions, etc. The .edu.pk domain name must match or be an acceptable derivation of the verified educational institute in the registrant name.
1. FEES
In consideration for the services and products ("service")
purchased by you and provided to you by Host'n'Domain.com,
you agree to pay Host'n'Domain.com at the time service is
provided. Payment is due each anniversary year
following the date the account was established.
Domain Name Renewals. When You register a domain
name, You have the option to elect that the domain name
be automatically renewed upon reaching the expiration date.
If You elect the automatic renewal option, Host'n'Domain.com
will automatically renew, for a period of one year, any
domain name that is up for renewal and will charge the credit
card you have on file with Host'n'Domain.com, at Host'n'Domain.com's
then current rates. Domain name renewals will be non
refundable. If for any reason Host'n'Domain.com is
not able to charge the credit card you have on file, and
you fail to respond to our notices, your domain name registration
will expire. It is your responsibility to keep your
credit card information current, including the expiration
date. If You do not elect that the domain name
be automatically renewed, You have the responsibility
of logging into your account manager for that domain name
and manually implementing the renewal by the expiration
date (should you in fact want the domain name to be renewed).
In this case, if you fail to manually implement the renewal
in a timely fashion the domain name will be cancelled
and You will no longer have use of that name. You
agree that Host'n'Domain.com will not be responsible for
cancelled domain names that You fail to renew, either automatically
or manually.
2. TERM OF AGREEMENT; MODIFICATIONS
The term of this agreement shall continue in full force
and effect as long as you have any domain name registered
through Host'n'Domain.com. You agree that you will
not transfer any domain name registered through Host'n'Domain.com
to another domain name registrar during the first sixty
(60) days from its initial registration date.
You agree that Host'n'Domain.com may modify this agreement
from time to time. Host'n'Domain.com may also discontinue
services it provides under this agreement. You agree
to be bound by any changes Host'n'Domain.com may reasonably
make to this agreement when such changes become effective.
Should you elect to cancel your agreement with Host'n'Domain.com
you will not receive a refund for any fees you may have
paid to Host'n'Domain.com.
You agree that Host'n'Domain.com shall not be bound by any
representations made by third parties who you may use to
purchase services from Host'n'Domain.com, and that any statements
of a general nature, which may be posted on Host'n'Domain.com's
web site or be contained in Host'n'Domain.com's promotional
materials, will not bind Host'n'Domain.com.
3. UP TO DATE INFORMATION; USE OF INFORMATION
You agree to notify Host'n'Domain.com within 5 business
days when any of the information you provided as part of
the application and/or registration process changes.
It is your responsibility to keep this information in a
current and accurate status. Failure by you, for whatever
reason, to provide Host'n'Domain.com with accurate and reliable
information on an initial and continual basis, shall be
considered to be a material breach of this agreement.
Failure by you, for whatever reason, to respond within five
(5) business days to any inquiries made by Host'n'Domain.com
to determine the validity of information provided by you,
shall also be considered to be a material breach of this
agreement.
You agree that for each domain name registered by you the
following information will be made publicly available in
the Whois directory as determined by ICANN Policy and may
be sold in bulk as set forth in the ICANN agreement:
The domain name
Your name and postal address
The email address, postal address, voice and fax numbers
for technical and administrative contacts
The Internet protocol numbers for the primary and secondary
name servers
The corresponding names of the name servers
The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, Host'n'Domain.com
may make use of the publicly available information you provided
during the registration process.
If you engage in the reselling of domain names you agree
to provide any individuals whose personal information you've
obtained, information about the possible uses of their personal
information pursuant to ICANN policy. You also agree
to obtain consent, and evidence of consent, from those individuals
for such use of the personal information they provide.
4. DISPUTE RESOLUTION POLICY
You agree to be bound by our current Dispute Resolution
Policy. This policy is incorporated herein and made
a part of this agreement. Our current dispute policy
can be found on our web site at http://www.hostndomain.com/domdisppolicy.htm
You agree that Host'n'Domain.com may from time to time modify
its Dispute Resolution Policy. Host'n'Domain.com will
post any changes to its Dispute Resolution Policy at least
30 days before they become effective. You agree that
by maintaining your domain name registrations with Host'n'Domain.com
after the updated policy becomes effective that you agree
to the Dispute Resolution policy as amended. You agree
to review Host'n'Domain.com's web site periodically to determine
if changes have been made to the Dispute Resolution Policy.
If you cancel your agreement with Host'n'Domain.com as a
result of the modified Dispute Resolution policy no fees
will be refunded to you.
You agree that if a dispute arises as a result of one or
more domain names you have registered using Host'n'Domain.com,
you will indemnify, defend and hold Host'n'Domain.com harmless
as provided for in this agreement. You also agree
that if Host'n'Domain.com is notified that a complaint has
been filed with a governmental, administrative or judicial
body, regarding a domain name registered by you using Host'n'Domain.com,
that Host'n'Domain.com, in its sole discretion, may take
whatever action Host'n'Domain.com deems necessary regarding
further modification, assignment of and/or control of the
domain name deemed necessary to comply with the actions
or requirements of the governmental, administrative or judicial
body until such time as the dispute is settled. In
this event you agree to hold Host'n'Domain.com harmless
for any action taken by Host'n'Domain.com.
5. TRANSFER OF DOMAIN NAMES; RESALE PRACTICES
If you transfer any domain name you agree to provide the
information required by, and to abide by, the procedures
and conditions set forth in our Domain Transfer Agreement.
You may view the current version of our Domain Transfer
Agreement at: http://www.hostndomain.com/domtranspolicy.htm
You agree to inform any customer of yours, who may be acquiring
a domain name through you using Host'n'Domain.com's registration
services, that they are in fact registering their domain
name through Host'n'Domain.com and that Host'n'Domain.com
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 to obtain each of your customers' acceptances
of Host'n'Domain.com's then current Domain Registration
Agreement, and to retain evidence of their acceptance for
a period of not less than three (3) years. Should
you require that your customer's accept additional terms
and conditions that are not required by Host'n'Domain.com,
you agree that such additional terms and conditions shall
not conflict with Host'n'Domain.com's Domain Registration
Agreement and the policies and business procedures adopted
by ICANN.
You agree that Host'n'Domain.com 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 Host'n'Domain.com's 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.
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 Host'n'Domain.com so Host'n'Domain.com may update its
registration records. You will retain copies of all
communications between you and your customers and will upon
request provide Host'n'Domain.com copies of same.
6. SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You agree that, in addition to other events set forth in
this agreement, your ability to use any of the services
provided by Host'n'Domain.com is subject to cancellation
or suspension in the event there is an unresolved breach
of this agreement and/or suspension or cancellation is required
by any policy now in effect or adopted later by ICANN.
You agree that your failure to comply completely with the
terms and conditions of this agreement and any Host'n'Domain.com
rule or policy may be considered by Host'n'Domain.com to
be a material breach of this agreement and that Host'n'Domain.com
may provide you with notice of such breach either in writing
or electronically (i.e. email). In the event you do
not provide Host'n'Domain.com with material evidence that
you have not breached your obligations to Host'n'Domain.com
within ten (10) business days, Host'n'Domain.com may terminate
its relationship with you and take any remedial action available
to Host'n'Domain.com under the applicable laws. Such
remedial action may be implemented without notice to you
and may include, but is not limited to, canceling the registration
of any of your domain names and discontinuing any services
provided by Host'n'Domain.com to you. No fees will
be refunded to you should your agreement be cancelled or
services be discontinued because of a breach. Host'n'Domain.com's
failure to act upon or notify you of any event, which may
constitute a breach, shall not relieve you from or excuse
you of the fact that you have committed a breach.
7. RESTRICTION OF SERVICES; RIGHT OF REFUSAL
You agree not to use the services provided by Host'n'Domain.com,
or to allow or enable others, to use the services provided
by Host'n'Domain.com for the purposes of:
The transmission of unsolicited email (SPAM)
Repetitive, high volume inquires into any of the services
provided by Host'n'Domain.com (i.e. domain name availability,
etc.).
You agree that Host'n'Domain.com, in its
sole discretion and without liability to you, may refuse
to accept the registration of any domain name. Host'n'Domain.com
also may in its sole discretion and without liability to
you delete the registration of any domain name during the
first thirty (30) days after registration has taken place.
Host'n'Domain.com may also cancel the registration of a
domain name, after thirty (30) days, if that name is being
used in association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be
limited to: activities designed to defame, embarrass, harm,
abuse, threaten, slander or harass third parties; activities
prohibited by the laws of the United States and/or foreign
territories in which You conduct business; activities designed
to encourage unlawful behavior by others, such as hate crimes,
terrorism and child pornography; activities that are tortious,
vulgar, obscene, invasive of the privacy of a third party,
racially, ethnically, or otherwise objectionable; activities
designed to impersonate the identity of a third party; and
activities designed to harm minors in any way. In the event
Host'n'Domain.com refuses a registration or deletes an existing
registration during the first thirty (30) days after registration,
you will receive a refund of any fees paid to Host'n'Domain.com
in connection with the registration either being canceled
or refused. In the event Host'n'Domain.com deletes the registration
of a domain name being used in association with spam or
morally objectionable activities, no refund will be issued.
8. LIMITATION OF LIABILITY
You agree that Host'n'Domain.com's entire liability to you
under this agreement, and your only remedy, in connection
with any service provided by Host'n'Domain.com to you under
this agreement, and for any breach of this agreement by
Host'n'Domain.com, shall be limited to the fees you paid
to Host'n'Domain.com for the particular service in contention.
Host'n'Domain.com AND ITS AGENTS AND CONTRACTORS SHALL NOT
BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL,
OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY
TO USE ANY OF Host'n'Domain.com'S SERVICES OR FOR THE COST
OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN
STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, Host'n'Domain.com'S LIABILITY
SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
Host'n'Domain.com DISCLAIMS ANY LOSS OR LIABILITY RESULTING
FROM:
- access delays or interruptions to our web site or domain name registration system
- data non-delivery or misdelivery between you and Host'n'Domain.com
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name or the use of a domain name
- the failure for whatever reason to renew a domain name registration
- the unauthorized use of your account with Host'n'Domain.com or any of the services provided to you by Host'n'Domain.com
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act upon email messages
- processing of updated information to your registration record
- development or interruption of your web site
- errors taking place with regard to the processing of your application
- application of Host'n'Domain.com's Dispute Resolution Policy
- any act or omission caused by you or your agent (whether authorized by you or not)
You agree to release, defend, indemnify and hold harmless Host'n'Domain.com and its contractors, agents, employees, offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Host'n'Domain.com whether or not on your behalf, and whether or not with your permission) use of the services provided by Host'n'Domain.com. Should Host'n'Domain.com be notified of a pending law suit, or receive notice of the filing of a law suit, Host'n'Domain.com may seek a written confirmation from you concerning your obligation to indemnify Host'n'Domain.com. Your failure to provide such a confirmation may be considered a breach of this agreement.
10. REPRESENTATIONS AND WARRANTIES
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.
You agree that Host'n'Domain.com makes no representations or warranties or any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with Host'n'Domain.com.
Host'n'Domain.com expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Host'n'Domain.com, as well as its affiliates, subsidiaries, officers, directors and employees. Host'n'Domain.com also reserves the right to freeze a domain name during resolution of a dispute.
11. DISCLAIMER OF WARRANTIES.
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
12. SEVERABILITY; ENTIRETY
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the complete and only agreement between you and Host'n'Domain.com regarding the services contemplated herein.
13. VENUE; WAIVER OF TRIAL BY JURY
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF ARIZONA. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH Host'n'Domain.com, THE LAWS AND JUDICIAL DECISIONS OF MARICOPA COUNTY, ARIZONA, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF MARICOPA COUNTY, ARIZONA.
FOR THE ADJUDICATION OF DISPUTES CONCERNING THE USE OF ANY DOMAIN NAME REGISTERED WITH Host'n'Domain.com, YOU AGREE TO SUBMIT FOR JURISDICTION AND VENUE TO THE U.S. DISTRICT COURT FOR THE DISTRICT OF ARIZONA LOCATED IN PHOENIX, ARIZONA.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
14. NOTICES
You agree that all notices (except for notices concerning breach of this agreement) from Host'n'Domain.com 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 you have on file with Host'n'Domain.com or mailed first class postage to the postal address you have on file with Host'n'Domain.com. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from you to Host'n'Domain.com shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
| Host'N' Domain | |
| Domain Transfers Suite # 404, 4th Floor, Balad Trade Centre, Near Bahar-e-Shariat Mosque, Alamgir Road, BAHADURABAD, Karachi - Pakistan |
Delivery shall be deemed to have been made by you to Host'n'Domain.com five (5) days after the date sent.
15. PROVISIONS SPECIFIC TO .COM, .NET, .ORG, and .CC REGISTRATIONS
Indemnification. You agree to indemnify, defend and hold harmless VeriSign, Inc. and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.
16. PROVISIONS SPECIFIC TO .WS (WebSite) REGISTRATIONS
Indemnification. You agree to indemnify, defend and hold harmless Global Domains International, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.
17. ADDITIONAL REQUIREMENTS FOR .INFO REGISTRANTS
If you are registering a .info domain name you also agree to:
| (i) | consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by the .info Registry Operator and its designees and agents; |
| (ii) | submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"); |
| (iii) | immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name; and |
| (iv) | acknowledge that the Registry Operator will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration. |
18. ADDITIONAL REQUIREMENTS FOR .BIZ REGISTRANTS
If you are registering a .biz domain name you also agree to:
BIZ RESTRICTIONS
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.
BIZ CERTIFICATION
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.
RESERVATION OF RIGHTS
Host'n'Domain.com Domains, Inc. and the .biz Registry Operator,
NeuLevel, Inc. expressly reserve the right to deny, cancel
or transfer any registration that it deems necessary, in
its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance
with any dispute resolution process, or to avoid any liability,
civil or criminal, on the part of Host'n'Domain.com Domains,
Inc. and/or NeuLevel, Inc., as well as their affiliates,
subsidiaries, officers, directors and employees. Host'n'Domain.com
Domains, Inc. and NeuLevel, Inc. also reserve the right
to freeze a domain name during resolution of a dispute.
19. PROVISIONS SPECIFIC TO .US REGISTRATIONS
You, the Registrant, shall indemnify and hold harmless NeuStar,
the .US Registry, and its directors, officers, employees,
representatives, agents, affiliates, and stockholders from
and against any and all claims, suits, actions, other proceedings,
damages, liabilities, costs and expenses of any kind, including
without limitation reasonable legal fees and expenses, arising
out of or relating to the Registrant’s (i) .US domain name
registration and (ii) use of any .US registered domain name.
The Registrant certifies that it meets
the following Nexus Requirements to qualify to register
to use a .US domain name.
A. Registrants must be either:
| 1. | A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or; |
| 2. | An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the district of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions (including a federal, state, orlocal government of the United States, or a political subdivision thereof, and non-commercial organizations based in the United States), or; |
| 3. | A foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories that also (i) regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial including not-for-profit activities) in the Unites States, or (ii) maintains an office or other property within the United States. |
B. The name servers listed for all .US domain names must be based within the United States of America or any of its possessions or territories.
Registrant further certifies that Host'n'Domain.com Domains, Inc. has requested specific information regarding how the Registrant meets the Nexus requirement and that Registrant has willing volunteered such information. Registrant understands and agrees that such information will be verified and will be shared with the .US Registry.
Registrant understands and agrees that
if such information cannot be verified, or if Registrant
fails to continue to abide by the Nexus Requirements, the
registered domain name shall be subject to immediate cancellation.
