Registrar-Registrant Agreement

Registrar-Registrant Agreement

Rules / Terms Governing Domain Registration

Rules / Terms Governing Domain Registration

DOMAIN NAME REGISTRATION AGREEMENT

  • GENERAL

    Blacknight offers the widest range of domain name extensions on the Irish market. In order to facilitate this, Blacknight has agreements with a growing number of registries and registrars both within and outside Europe.

    All domain names registered through our services are subject to our terms of service, the rules and regulations of the respective registry and any contractual obligations that may reside between the registrant and the registrar where the registrar is not Blacknight. The registrant should review all additional terms and conditions associated with the respective registry to ensure that they are on full notice of same.

  • 1. DEFINITIONS

    1. “Affiliate” means any legal entity that owns, is owned by, or is under common ownership with a Party with ownership greater than % of the shares, interests or assets of such legal entity or Party, as applicable.
    2. “Blacknight Internet Solution, Ltd. Intellectual Property” means all rights, title, interest and benefit of Blacknight Internet Solutions, Ltd. in and to intellectual property of every nature, whether registered or unregistered (recognized by law), including, without limitation, ALL copyright, patents, trademarks, certification marks and industrial designs, applications for any of the foregoing, trade names, brand names, business names, trade secrets, proprietary manufacturing information and know-how, instruction manuals, inventions, invention’s notes, research data, blueprints, drawing and designs, formulae, calculations, processes, prototypes, source codes, digital files, URLs, technology, databases, together with all rights under license agreements, sublicense agreements, strategic alliances, development agreements, technology transfer agreements and other agreements relating to any of the foregoing, that are owned by Blacknight Internet Solutions, Ltd. or relating to services offered by Blacknight Internet Solutions, Ltd.
    3. “Domain Name” means the string relating to the alphanumeric and/or alphabetical characters followed by a suffix indicating the applicable domain name extension (e.g. .com or .ie), which is used as an Internet address to identify a computer on the Internet.
    4. “ICANN” means the Internet Corporation for Assigned Names and Numbers.
    5. “Registrant” means the individual or corporate entity that owns the domain name.
    6. “Registrar” means an ICANN-accredited domain name registrar, like Blacknight Internet Solutions, Inc.
    7. “Registration” means the pre-registration or registration of a domain name with the relevant Registry.
    8. “Registry” means an ICANN-accredited entity to supervise specific generic top-level domain names (gTLDs, like.com) and to operate the domain name system for such gTLDs and/or, in cases of country code top-level domain names (ccTLDs, like .ie)
    9. “Renewal” means the renewed registration for another fixed term.
    10. “Services” mean the domain name registrations and related services that Blacknight Internet Solutions, Lt. provides to you under this agreement.
    11. “UDRP” means the Uniform Domain Name Dispute Resolution Policy.
    12. “URL” means Uniform Resource Locator.
    13. “WHOIS” means the directory service or database over the Internet used for searching information related to a particular domain name that is required by ICANN to be compiled upon registration of a domain name.

    Generic Top-Level Domain Names (.com, .net. org, .biz, .info)

  • 2. AGREEMENT

    2.1

    This Registration Agreement (“Agreement”) sets forth the terms and conditions of your use of domain name registration and related services (“Services”). In this Agreement “you” and “your” refer to you and the registrant listed in the WHOIS contact information for the domain name. “We”, “us” and “our” refer to Blacknight Internet Solutions Ltd (“Blacknight”).

    2.2 YOU HEREBY AGREE AS FOLLOWS

    By using the Service(s), you agree to all terms and conditions of this Agreement, the UDRP and the rules, policies, or agreements published in association with specific of the Service(s) and/or which may be enforced by ICANN, the registries, and governments.

    2.3 PASSAGE OF TIME

    This Agreement may change over time. If, as a result of such a change, you no longer agree with the terms of this Agreement, you agree that your exclusive remedy is to transfer your domain name registration services to another registrar or request of us that we cancel your domain name registration services. If you continue to use the Services following a change in this Agreement and/or the Services, your continued use of the Services indicates your consent to the changes. Any such revision or change will be binding and effective within 30 days of when the revised Agreement or change to the Service(s) is posted to the website of either the Primary or Backend Service Providers, or 15 days after you view the revised Agreement or 15 days after notification is sent to the e-mail address provided in association with your domain name registration. You agree to review this Agreement periodically to make yourself aware of any such revisions.

    2.4 YOUR ACCOUNT

    You must create an account to use the Services. You are responsible for maintaining and updating all login IDs, passwords, and for all access to and use of your account by you or any third party. We will not be held responsible for any unauthorized access to your account.

    2.5 SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S)

    We may reject your domain name registration application or elect to discontinue providing Service(s) to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Service(s) at any time for cause, which, without limitation, includes registration of prohibited domain name(s), abuse of the Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services involves us in a violation of any Internet Service Provider’s (“ISP’s”) acceptable use policies, including the transmission of unsolicited bulk email or at our full discretion. You agree that if we terminate or suspend the Services provided to you under this Agreement, that we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously providing to you and that any reference in this Agreement to termination or suspension of the Services to you includes this option. If we have grounds to terminate or suspend Service(s) with respect to one domain name or in relation to other Service(s) provided through your account, we may terminate or suspend all Service(s) provided through your account, including Service(s) to other domain names. No fee refund will be made when there is a suspension or termination of Service(s) for cause. At any time and for any reason, we may terminate the Services 30 days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name or risk that we may delete your domain name or suspend or modify Services to it. If we terminate Services for a reason other than cause, we will attempt to refund your fees. 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 or registry administrator procedures approved by an ICANN-adopted policy, to correct mistakes by us, another registrar or the registry administrator in administering the domain name or for the resolution of disputes concerning the domain name.

  • 3. SERVICES

    3.1 OUR SERVICES

    We are accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) (such as .com, .net, .org, etc.). ICANN oversees registrations and other aspects of the TLDs. Domain name registrations are not effective until the registry administrator puts them into effect. For a list of registry administrators and for more information on TLDs, see www.icann.org/en/resources/registries/listing. Domain name registrations are only for limited terms, terms which end on the expiration date. For domain names which are created as a new registration out of the available namespace, the term begins on the date the domain name registration is acknowledged by the applicable registry; for domain names registrations which were not returned to the available namespace, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry. You agree that we are not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration (limitation of liability clause). You further agree that domain name registration is a service, that domain name registrations do not exist independently from services provided pursuant to this or a similar registration agreement with a registrar, and that domain name registration services do not create a property interest.

    3.2 YOU WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S).

    You further agree to indemnify, defend and hold harmless us, your Primary Service Provider, and applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at www.icann.org/en/resources/registries/listing and all such parties’ directors, officers, employees, 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, the domain name registration services you are obtaining from us.

    3.3 NOT INCLUDED IN THE SERVICES

    Without limitation, the following are not included in the Services: We cannot and do not check to see whether the domain name(s) you select, or the use you make of the domain name(s), or other of the Service(s), infringes legal rights of others. It is your responsibility to know whether or not the domain name(s) you select or use infringes legal rights of others, whether registered or not. We might be ordered by a court or a UDRP panel to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in the WHOIS in association with your account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. We will at all stages comply with any court orders.

    3.4

    IF LAWSUIT(S) ARE THREATENED: you HEREBY INDEMNIFY us against any and all legal proceedings to include threatened legal proceedings. 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.

  • 4. DISPUTE RESOLUTION

    4.1 DISPUTE RESOLUTION POLICY

    You agree to the Uniform Domain Name Dispute Resolution Policy (“UDRP”), which is available at www.icann.org/en/help/dndr/udrp. You agree that the UDRP may be changed by ICANN (or ICANN’s successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP. You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

    4.2

    The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or Policy, or pursuant to any registrar or Registry procedure not inconsistent with an ICANN adopted specification or Policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.

  • 5. FEES AND ACCOUNT SERVICES

    5.1 FEES

    As consideration for the Service(s), renewal of the Service(s), and, if you select it, automatic renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. 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, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

    5.2 CREDIT CARD AND OTHER CHARGES

    If you have an issue with credit card charges, you should contact us, regarding the issue before you contact your credit card company to request a charge back or reversal of the charges. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with your payment of fees for any Service(s), you agree that we may suspend access to any and all accounts you have with us and that all rights to and interest in and use of any domain name registration(s) services, website hosting, and/or email services, including all data hosted on our systems shall be assumed by us as the case may be. We will reinstate your rights to and control over these Services solely at our discretion, and subject to our receipt of the unpaid fee(s) and our then-current reinstatement fee, currently set a €50. Charges for the Service(s) which use our credit card payment processor will be identified on your credit card statement as “BLACKNIGHT.”

    5.3 EXPIRATION AND RENEWAL OF SERVICE(S)

    You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. You will be notified via email when your domain is due for renewal. Should these fees go unpaid, your Services will expire or be cancelled. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) at a reasonable time before expiration, provided your credit card or other billing information is available and up to date. You acknowledge that it is your responsibility to keep your billing information up to date and that we are not required to, but that we may, contact you to update this information in the event that an attempted transaction is not processed successfully.(*please note: for certain TLDs, the automatic renewal option is not available)

    5.4 ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION

    As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s). You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed. Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if we are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase “Domain Only” Services, you agree that we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from “Domain Only” Services.

    5.5 YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION

    In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, 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 the 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 other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

    5.6 ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY

    In order to change any of your account or domain name WHOIS information, you must access your account with us. Please safeguard your account login identifier and password from any unauthorized use. You agree that any person in possession of your account login identifier and password will have the ability and your authorization to modify your account and domain name information. We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information. You agree that, if we take reasonable precautions in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact us alleging that a third party has unauthorized access to your account or domain names, you agree that we may charge you administrative fees of €75 per hour for our time spent in relation to the matter, regardless of whether or not we return control over the account and/or domain names to you.

  • 6. DOMAIN NAME REGISTRATION

    6.1 TRANSFERS

    You agree that transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at www.icann.org/en/resources/registrars/transfers as this policy may be modified from time to time. You agree that we may place a “Registrar Lock” on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Alternatively, you should contact us to have your domain name(s) services locked or unlocked or to obtain the EPP “AuthCode.” Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. Transfer requests typically take five business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.

    6.2 PRIVACY POLICY

    You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services 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 such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at www.icann.org/registrars/wmrp.htm, www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at www.icann.org. You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service).

    6.3 OWNERSHIP OF INFORMATION AND DATA

    You agree and acknowledge that we own 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 nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. We do not have any ownership interest in your specific personal registration information outside of our rights in our domain name database.

    6.4 AGENTS AND LICENSES

    You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless 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.

    6.5 USE OF FREE SERVICES

    In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other services which we may introduce from time to time but for which there is not a separate fee (“Free Services”), you agree that, if you use such Free Services, we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or other similar advertising means, and that we may aggregate related usage data by means of cookies and other similar means. For any domain name services, for which you are listed as registrant but for which you do not pay the registration or renewal fee, you agree that we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid. Any monies earned through the IP address during this period will be payable only to us. You will have no claim over any earnings from the IP address over this period.

    6.6 AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION

    Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements.

    6.7 REACTIVATION PERIOD PROCESS

    For a period of approximately 45 days after expiration of the term of domain name registration services, you acknowledge that we will provide a procedure by which expired domain name registration services may be renewed.

    You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services.

    In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you.

    The typical RGP fee is €90 plus any registration fees but may be subject to change.

    6.8 LIMITATION OF LIABILITY

    YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER WILL 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 WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FIVE HUNDRED EURO (€500.00) BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.

  • 7. REGISTRANT RIGHTS AND RESPONSIBILITIES

    Under ICANN’s Registrar Accreditation Agreement (RAA), Registrants should always be aware of their rights and responsibilities. Registrants Rights and Responsibilities have been set by ICANN and can be accessed through the following URL: www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm

  • 8. INDEMNITY

    With respect to ICANN, the registry operators, us, and your Primary Service Provider, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties, you agree to release, indemnify, and hold such parties harmless from all liabilities, claims and expenses, including attorney’s fees and court costs, for third party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s), including, without limitation, infringement by you, or by anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from the violation of any of our operating rules or policies relating to the Service(s) provided. When we may be involved in a suit involving a third party and which is related to our Service(s) to you under this Agreement, we may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification required under the UDRP.

  • 9. REPRESENTATIONS AND WARRANTIES

    YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU “AS IS” AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.

  • 10. NOTICES

    You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered by email or post in accordance with the account and/or domain name WHOIS information you have provided.

  • 11. INFANCY

    You attest that you are of legal age to enter into this Agreement.

  • 12. ADDITIONAL INFORMATION

    This Agreement and the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.

  • 13. INTELLECTUAL PROPERTY

    You are informed that at no time during the expiration and/or termination of the Agreement should you have the right to assert or made a claim upon any intellectual property right belonging to Blacknight Internet Solutions, Ltd., (including but, not limited to, the registration – or attempt thereof – of any of Blacknight’s Internet Solution, Ltd. trademarks and their confusingly similar variations). Blacknight Internet Solutions Ltd. retains – at all times – the sole and exclusive right, title to and ownership in and to all of the Blacknight Internet Solutions, Ltd. Intellectual Property.

  • IE Domains

    Blacknight Solutions is an accredited registrar of IE domains on behalf of the IEDR (IE Domain Registry).
    IE domain registrations are governed by the rules and regulations governing registrations as defined by the IEDR.

    Any disputes are governed by the IE Dispute Resolution Policy (IEDRP)

    See: IE Domain Registrant Terms and Conditions for more information.

  • UK Domains

    Blacknight Internet Solutions Ltd is a Nominet member and tag holder.

    All *.uk domain registrations are covered by Nominet’s terms and conditions. In case of dispute you should refer to the domain dispute resolution policy.

  • EU Domains

    Blacknight Internet Solutions Ltd is an accredited Eurid registrar. The contract for the domain registration will be concluded between the registrant and the Eurid accredited registrar.

    All registrations are governed by the EU registration policy and in the event of dispute are subject to the Alternative Dispute Resolution Procedures (ADR)

    Other European and International Domains (cctlds and others)

  • IMPORTANT NOTICE

    As we cater for more than 250 domain extensions it would be impractical to list the rules and regulations for each and every one of them. If you are in need of clarification regarding any domain extension’s rules please let us know.

    Please contact us if you have any queries.

  • .com/net Domains

    In the case of a “.com” or “.net” registration, the following terms and conditions will apply:

    1. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy”), available at: www.icann.org/dndr/udrp/policy.htm or at www.blacknight.com/legal/udrp
    2. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
  • .mobi Domains

    In the case of a “.mobi” registration, the following terms and conditions will apply:

    1. You agree to Indemnify to the maximum extent permitted by law, defend and hold harmless mTLD Top Level Domain Limited (“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 relating to the Registered Name Holder’s domain name registration (“Domain”) and or use, and this indemnification obligation survive the termination or expiration of the registration agreement.
    2. You agree to Indemnify, defend and hold harmless the Registry Operator, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, 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 and or use, and indemnification obligation survive the termination or expiration of the registration agreement.
    3. You acknowledge and agree that notwithstanding anything in this Agreement to the contrary, the Registry Operator shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Us being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of the Registry Operator shall survive any termination or expiration of this Agreement.
    4. You agree to comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
    5. You agree to Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effective upon thirty days notice by Registry Operator to Us.
    6. You consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy.
    7. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: www.icann.org/dndr/udrp/policy.htm or here;
    8. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
    9. You agree to immediately correct and update the registration information for the Domain during the registration term for the Registered Name.
    10. You acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry Operator, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and Us have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation:
      1. the ability or inability of You to obtain a Registered Name during these periods, and
      2. the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
    11. You acknowledge and agree that the Registry Operator and Us, acting in consent with the Registry Operator, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion
      1. to protect the integrity and stability of the registry;
      2. to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
      3. to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
      4. for violations of the terms and conditions herein; or
      5. to correct mistakes made by the Registry Operator or Us in connection with a Domain, and the Registry Operator also reserves the right to freeze a Domain during resolution of a dispute. (3.8.8.)
    12. You acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines for compliance with the Style Guide. Furthermore, You acknowledge and agree that this Style Guide is subject to modification by the Registry Operator with any such changes appearing at the previously designated URL, and that You must promptly comply with any such changes in the time allotted.
  • .org Domains

    In the case of a “.org” registration, the following terms and conditions will apply:

    1. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: www.icann.org/dndr/udrp/policy.htm or www.blacknight.com/legal/udrp;
    2. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
  • .info Domains

    In the case of a “.info” registration, the following terms and conditions will apply:

    1. Registrant’s Personal Data. You consent to the use, copying, distribution, publication, modification, and other processing of Registrant’s personal data by Afilias, the .INFO registry, and its designees and agents, in a manner consistent with the purposes specified pursuant to its contract.
    2. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: www.icann.org/dndr/udrp/policy.htm or www.blacknight.com/udrp.html;
    3. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
    4. Reservation of Rights. Blacknight Internet Solutions Ltd and Afilias expressly reserve the right to deny, cancel, transfer, or modify any registration that either Blacknight or Afilias deems necessary, at its discretion, to protect the integrity and stability of the registry, to comply with any applicable law, any government rule or requirement, any request of law enforcement, any dispute resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees, consultants, and agents. The registrar and Afilias also reserve the right to suspend a domain name or its registration data during resolution of a dispute.
  • .me Domains

    In the case of a “.me” registration, the following terms and conditions will apply:

    1. You agree to release, defend, indemnify and hold Us, Our parent companies, Our subsidiaries, Our affiliates, Our shareholders, Our agents, Our directors, Our officers and Our employees, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legals fees, arising out of or related in any way to, the Domain, and/or Your use of the Domain.
    2. You agree to comply with all the operational standards, policies, procedures and practices for the Me Registry as established from time to time in a non-arbitrary manner by the Me Registry. You acknowledge that these are applicable to all registrars and domain name registrants. Any changes to the Registry Policies by the Me Registry that are consistent with the Registry Agreement shall be effective upon thirty (30) days’ notice by the Me Registry to Us.
    3. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: www.icann.org/dndr/udrp/policy.htm or https://www.blacknight.com/legal/udrp;
      2. ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”) available at www.icann.org/en/udrp/cedrp-policy.html.
    4. You agree to submit to proceedings commenced under other dispute resolution policies as set forth by the Me Registry from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual rights holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the Me Registry.
    5. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
  • .tel Domains

    In the case of a “.tel” registration, the following terms and conditions will apply:

    1. You agree to release, defend, indemnify and hold Us, Our parent companies, Our subsidiaries, Our affiliates, Our shareholders, Our agents, Our directors, Our officers and Our employees, from and against any and all claims (including, but not limited to, claims of trademark infringement or cybersquatting), demands, liabilities, losses, damages or costs, including reasonable legal fees, arising out of or related in any way to, the Domains, and/or Your use of the Domains.
    2. Domain Name Disputes. You acknowledge having 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:
      1. The Uniform Domain Name Dispute Resolution Policy (“Dispute Policy), available at: www.icann.org/dndr/udrp/policy.htm or here: https://www.blacknight.com/legal/udrp;
      2. ICANN’s Charter Eligibility Dispute Resolution Policy (“CEDRP”) available at www.icann.org/en/udrp/cedrp-policy.html.
    3. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Blacknight Internet Solutions Limited is based, presently Carlow, Ireland.
  • .be Domains

    In the case of a “.be” registration, the following terms and conditions will apply:

    1. Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement You shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at www.dns.be/en/home.php. You are responsible for monitoring the Registry’s site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any Registry policy, Your sole remedy is to cancel Your domain name registration by following the appropriate Registry policy regarding such cancellation.
    2. Domain Name Dispute Policy. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the .be Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at www.dns.be/en/home.php.
  • .eu Domains

    In the case of a “.eu” registration, the following terms and conditions will apply:

    1. Eligibility Criteria: .eu domain names are available for registration to companies and persons who fulfill the following criteria. As a condition of registration, You accordingly represent that You are:
      1. an undertaking having its registered office, central administration or principal place of business within the European Union;
      2. an organization established within the European Union without prejudice to the application of national law, or
      3. a natural person with an address within the European Union.
    2. Registry Policy. You acknowledge and understand that by accepting the terms and conditions of this agreement You shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website. Registration policies of the Registry and the terms and conditions applicable to your .eu registration may be found at: EURID Registration Policy and EURID Terms & Conditions respectively. You are responsible for monitoring the Registry’s site on a regular basis. In the event that You do not wish to be bound by a revision or modification to any Registry policy, Your sole remedy is to cancel Your domain name registration by following the appropriate Registry policy regarding such cancellation.
    3. Domain Name Disputes. You agree that, if the registration or reservation of Your domain name is challenged by a third party, You will be subject to the provisions specified by the Registry or any court of law.
  • .co.uk, .org.uk, ltd.uk, net.uk, plc.uk & me.uk Domains

    In the case of a co.uk, .org.uk, ltd.uk, net.uk, plc.uk or me.uk registration, the following terms and conditions will apply:

    1. “Nominet UK” means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
    2. Domain Name Dispute Policy. If You reserved or registered a domain name through Us, or transferred a domain name to Us from another registrar, You agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at: www.nominet.org.uk/disputes. Please take the time to familiarize yourself with this policy.
    3. Nominet UK Policy. You agree that Your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure not inconsistent with an Nominet UK-adopted policy, (1) to correct mistakes by a registrar or the registry in registering the name, or (2) for the resolution of disputes concerning the domain name. The current Nominet UK terms and conditions can be found at: www.nominet.org.uk/registrants/aboutdomainnames/legal/terms
    4. When You submit a request for a domain name registration with Blacknight Internet Solutions Ltd, You will be entering into two contracts – one contract with Blacknight Internet Solutions Ltd and one contract with Nominet UK.
    5. Blacknight Internet Solutions Ltd will act as agents on Your behalf by submitting Your application to Nominet for You, however, You will still be entering into a direct contract between You and Nominet UK as noted in the Nominet terms. Blacknight Internet Solutions Ltd must also make You aware that by accepting Nominet’s terms and conditions You are consenting to Nominet using Your personal data for a variety of reasons. In particular, Your name and address may be published as part of Nominet’s Whois look-up service.
    6. Transfer of Ownership. Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
    7. You hereby consent to any and all such disclosures and use of information provided by You in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action You may have arising from such disclosure or use of Your domain name registration information by Us.
    8. You may access Your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by Us through Your Reseller.
    9. We will not process data about any identified or identifiable natural person that We obtain from You in a way incompatible with the purposes and other limitations which We describe in this Agreement.
    10. We will take reasonable precautions to protect the information We obtain from You from our loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.