PLEASE READ THESE SERVICE TERMS CAREFULLY
This domain Name Service Agreement sets forth the terms and conditions applicable to your purchase and use of the domain name registration, renewal and redemption services and any other related services provided by GatherNames (“We","Us") offered or made available through the website currently located at the URL:www.gathernames.com. This document is a legally binding agreement between you (the "registrant") as the purchaser and/or user of the services and the GatherNames.
Gathernames abides by the ICANN Transfer Dispute Resolution Policy(http://www.icann.org/en/transfers/dispute-policy-12jul04.htm),as well as its own Dispute Policy.
By using the Services, you agree to all terms and conditions of this Agreement, the Uniform Domain Name Dispute Resolution Policy ("UDRP") or the Uniform Rapid Suspension Policy ("URS"), and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), as well as acceptable use policies, privacy policies, and WHOIS data policies, including the policies of relevant registry operators ,or governments.
2.CHANGES TO THIS AGREEMENT
This agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this agreement, or otherwise. Before any material changes to this agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable law), we will notify you of such changes by, for example, sending email to you at your email address of record. If, as a result of such a change, you no longer agree with the terms of this agreement, your exclusive remedies are
(a)to transfer your domain name registration services to another registrar, or
(b)to cancel your services, including domain name registration services, with us.
Your continued use of the services following notification of a change in this agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds you: (1) thirty (30) days after we notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN policy or applicable law.
3.REGISTRANT RIGHTS AND RESPONSIBILITIES
ICANN has developed, in consultation with registrars, a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA), for posting on registrar websites. While some of the terms included do not specifically refer to registrants, those terms are included because of the potential import to understanding registrar/registrant relations. The document also summarizes registrant rights and responsibilities that arise within ICANN Consensus Policies and specifications, as those policies and specifications are incorporated into the RAA. The summarization of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy. Please review these important Registrant Rights and Responsibilities.
ICANN Registrant Rights and Responsibilities
You must comply with all applicable terms and conditions,policies and procedures set by ICANN and summarized on ICANN's website:http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
You must create an account to use the related services. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login ids and passwords, and for all access to and use of your account by you or any third party.
4.1 ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
(a) You must provide certain current, complete and accurate information about you with respect to your Account information and with respect to the WHOIS information for your domain name(s). Within seven (7) days of any change to such information, you must update such information as needed to keep it current, complete and accurate. You must submit the following with respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and where available, fax number. The type of information you are required to provide may change and you must provide such information and keep your Account information current. Not providing requested information may prevent you from obtaining all Services.
(b) 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 "Name Only" Services, 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 "Name Only" Services.
4.2 OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION
(a) If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant 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) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
(b) You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful or abusive purpose, including but not limited to the infringement of any intellectual property right or other right; the distribution of malware; the abusive operation of botnets; phishing, fraudulent or deceptive practices; the unauthorized transfer to yourself or any other party of any domain name or Services; counterfeiting; or any other activity in violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate or unreliable information, failing to update information within seven (7) days of any change, engaging in any Illegal Uses, or failing to respond for over fifteen (15) days to inquiries by us concerning the accuracy of Account and WHOIS contact information will constitute an incurable material breach of this Agreement and be a basis for suspension and/or cancellation of the Services.
(c) You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
4.3 ACCESSING YOUR ACCOUNT:
(a) In order to change any of your Account or to update or rectify any inaccurate domain name WHOIS information, you must access your Account. It is your duty to safeguard your Account login identifier and password from any unauthorized use. Any person in possession of your Account login identifier and password will have both the ability and your authorization to modify your Account and domain name information, initiate transfers of your domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in changes to the content associated with your domain name(s) and take other actions which may affect or terminate your rights and access to your domain name(s) and/or the Services.
(b) 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 such reasonable precautions include procedures for releasing Account access information to parties who claim to have lost Account access information. If we take reasonable precautions in relation thereto, 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, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN BELOW IN THIS AGREEMENT.
4.4 SHARING OF WHOIS INFORMATION
(b) 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 http://www.icann.org/registrars/wmrp.htm and elsewhere on the ICANN website at http://www.icann.org/.
5.PROVISION OF OUR SERVICES
5.1 DOMAIN NAME REGISTRATION
(a)All applications for the registration of a domain name shall be made in the form and manner as may be prescribed from time to time by GatherNames, and you undertake to select the domain category in accordance with the selection criteria prescribed by the Registrar in respect of the subject domain name. You are wholly responsible for the information you submit to GatherNames in connection with the domain name registration, and to inform GatherNames of any changes or amendments to the same in a prompt and timely manner, and in any case within seven (7) days of such change. You shall ensure that current and valid addresses for one or more contacts responsible for and knowledgeable about the domain name and its operation are provided to GatherNames and updated from time to time as may be necessary, and undertake to furnish such further information and/or documents in relation to the domain name registration as may be requested by GatherNames from time to time, including documentary proof that you qualify to have the domain name registered in the domain category selected by you.
(b)No domain name registrations that you seek to register will be effective until (i) we have delivered the domain name registration information provided by you to us via the GatherNames Platform to the relevant registry administrator, (ii) you have made payment of the applicable fees and GatherNames has accepted your registration following receipt of such payment, (iii) the relevant registry administrator puts into effect your domain name registration and (iv) we have informed you that the domain name registration is activated from the date as may be specified by GatherNames.
(c)You agree and acknowledge that
(i) domain names are registered on a first-come-first-served basis, and that the domain name of your choice may not necessarily be available for registration;
(ii) the registration of a domain name entitles you to use but not the right to own the domain name as your internet locator;
(iii) GatherNames may elect to suspend the domain name, or otherwise revoke the registration of the domain name, without prior notice if (1) you are found to be in breach of the terms and conditions of this Service Agreement or the GatherNames Membership Agreement, (2) there is non-payment of service fees due to GatherNames, (3) for compliance with ICANN policies, applicable laws or pursuant to a court order, and/or (4) otherwise for security reasons; and
(iv) GatherNames is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator, including those arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration.
(d) ID PROTECTION SERVICES: Your use of our privacy service that lists proxy contact information in the WHOIS database instead of your contact information is governed by our ID Protection Service Agreement.
5.2PRE-REGISTRATION SERVICE; DOMAIN BACKORDER SERVICE
You may place a backorder/pre-registration request for certain domain names using backorder/pre-registration service. For each domain name you place a backorder/pre-registration request for, we will make reasonable attempts to acquire such domain name on your behalf. We do not guarantee your backorder/pre-registration request will result in you obtaining the domain name and expressly reserve the right to (1) refuse additional backorder/pre-registration requests or (2) cancel existing backorder/pre-registration request at any time for any reason. If we refuse or cancel your backorder/pre-registration request, we will promptly refund any fees paid for the backorder/pre-registration request in the form of Account credit or, at our option, alipay. By placing a backorder/pre-registration request, you agree to the following additional terms:
(a)If you fail to make timely payment for a secured domain name, we may (1) delete and make available the domain name for public registration; (2) make the domain name available to third parties for purchase at our sole discretion; or (3) assume the registration of the domain name.
(b)Using our backorder/pre-registration service may result in your domain name having a different registrar of record than us. By using our backorder/pre-registration service you acknowledge, understand and agree that you are bound by the materially similar registration agreement of the registrar of record, whoever that registrar may be.
5.3 DOMAIN NAME RENEWAL AND REDEMPTION
(a) You may renew the domain name prior to its expiration date via the GatherNames Platform. All applications for the renewal of a domain name shall be made in the form and manner as may be prescribed from time to time by GatherNames. The renewal of a domain name is subject to (1) your compliance with the terms and conditions of this Service Agreement and any and all applicable renewal procedures, (2) payment of all applicable service fees and (3) our acceptance of your application for renewal.
(b) You agree and acknowledge that certain registries may provide procedures or grace periods (the "Renewal Grace Period") during which expired domain name registrations may be renewed. You agree and acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration, or if you fail to comply with the relevant procedures during the Renewal Grace Period, and that GatherNames shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.
(c) If you fail to renew your domain name in the timeframes indicated in this Service Agreement, certain Registries will provide a redemption grace period (the "Redemption Grace Period") during which you may pay a redemption fee to GatherNames and redeem your domain name. If you do not redeem your domain name prior to the Redemption Grace Period, such Registries will release your domain name and it will become available for registration on a first-come-first served basis. You agree and acknowledge that GatherNames shall not be liable in any way for any losses, damages, consequences or liabilities arising from the foregoing.
5.4 DOMAIN NAME PUSH
(a) All applications for the domain name push shall be made in the form and manner as may be prescribed from time to time by GatherNames. The domain name push is subject to (1) your compliance with the terms and conditions of this Service Agreement and any and all applicable domain name push procedures as we may prescribe from time to time, (2) the domain name being valid and not having expired and not being subject to any disputes, (3) the domain name is not in arrears with registration fees; and (3) agreement between the domain name transfer and the receiver.
(b) Domain name push will not change WHOIS information. If you need to modify it, please manually modify it after pushing.
(c) After sending push request, the other party must receive it within 24 hours, otherwise the system will cancel the request automatically.
(d) we will not be responsible for any loss of money due to improper keeping of the account password, loss or disclosure, which may result in the domain name being stolen, transferred or pushed.
(e) Once the domain name is pushed and accepted, the domain name cannot be returned to the seller and the transaction fee cannot be refunded.
(f) In case of any disputes, arbitration or theft in the process of PUSH, GatherNames shall have the right to stop and cancel your PUSH at any time and lock the domain name.
5.5 Domain Name Transfer
(a) You may transfer a domain name either to or from another registrar via the GatherNames Platform, subject to (1) your compliance with the terms and conditions of this Service Agreement and any and all applicable transfer procedures, (2) payment of all applicable service fees, (3) our acceptance of your application for transfer, (4) certain restrictions published on GatherNames Platform and ICANN Transfer Policy and (5) approval by the respective registries. All applications for the transfer of a domain name shall be made in the form and manner as may be prescribed from time to time by GatherNames. You shall promptly furnish GatherNames with any information necessary to transfer your domain name to or from another registrar, or to assist GatherNames with resolving any transfer dispute.
(b) Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP and URS.
(c) 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. 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.
(d) We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies.
(e) Each registrar has its own transfer process and may choose not to accept an transfer at its sole discretion. GatherNames shall not be responsible for any issues resulting out of the decision of another registrar to not accept an domain name transfer, e.g. due to system standards of such registrar, or any failure of such registrar’s system preventing a transfer.
(f) The domain name registered in your name may be transferred to another party without your consent and without notice to you if GatherNames receives a decision of an administrative panel appointed by a dispute resolution service provider approved by ICANN or by the respective registries for the purpose of resolving domain name disputes requiring such transfer pursuant to any administrative proceeding to which you were a party. Save for the foregoing, there shall not be any transfer of domain name between you and any other third party.
6. Service Fees
6.1 Services fees are payable for the provision of the services. You shall make payment of the service fees corresponding to your use of the services in accordance with the payment schedule as posted on the gathernames platform and the gathernames payment and tax terms.
6.2 All services fees shall be in u.s. Dollars unless otherwise stated, and shall be paid to gathernames in the manner and within the time period prescribed in the payment schedule. Failure to pay the service fees in the manner and within the time period prescribed may result in gathernames terminating this service agreement, suspending or terminating all or part of the services, or otherwise revoking registration of the domain name.
7. Warranties, Representations and Undertakings
7.1 You represent, warrant and undertake to GatherNames that:
(a) any and all information, statement or document you provide to GatherNames through the GatherNames Platform is true, accurate, correct, complete, and not deceptive, fraudulent or misleading;
(b) your registration and use of the domain name will not infringe upon or otherwise violate the rights of any third party or applicable laws and regulations;
(c) you are not registering the domain name for an unlawful purpose; and
(d) you will not knowingly use the domain name in violation of any and all current and future policies, regulations, terms and conditions of ICANN, the relevant registries and laws.
7.2 You agree and acknowledge that
(a) it is your responsibility to determine whether your domain name registration infringes or violates the rights of any third party, and that GatherNames relies on your warranties, representations and undertakings herein to provide the Services to you;
(b) We do not evaluate whether the registration or use of the domain name may infringe upon any rights of any third party, and you shall not use the fact that the domain name is registered pursuant to this Service Agreement as a defence in any proceedings brought by any third party in connection with the domain name;
(c) We do not guarantee that you will be able to register, renew, redeem or transfer a domain name, even if GatherNames’s systems indicate that the domain name is available or you are able to complete an order with respect to such domain name;
(d) We may elect to reject your application for registration, renewal, redemption or transfer of a domain name for any reason at its sole discretion, including, but not limited to, failure to comply with the terms and conditions herein, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain name;
(e) We may, in certain extenuating circumstances specifically approved by ICANN, required under a dispute policy, or mandated by a court of competent jurisdiction, renew your domain name registration without your explicit consent in order to prevent its deletion. Your failure to respond to expiration and/or renewal notices from GatherNames is not an extenuating circumstance;
(f) We are not liable or responsible for any inaccuracies or errors in the domain name registration, renewal, redemption or transfer process, nor in any way for any errors, omissions, or any other actions by any third party or the Registry arising out of, or related to a request to register, renew, redeem or transfer a domain name.
8. Indemnity and Limitation of Liability
8.1 You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN's operating rules or policies relating to the Services provided.
8.2 We may seek written assurances from you in which you promise to indemnify, defend, 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:
(a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or
(b) set forth elsewhere in this Agreement.
8.3 WE WILL NOT BE LIABLE FOR ANY:
(a) SUSPENSION OR LOSS OF THE SERVICES;
(b) USE OF THE SERVICES;
(c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS;
(d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US;
(e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL;
(f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;
(h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; or
(i) APPLICATION OF ANY DISPUTE POLICY. WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES. BECAUSE SOME COUNTRIES OR REGION DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH COUNTRIES OR REGION, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
9. Term and Termination
9.1 The term of this Agreement will commence on the date that you first use the Services and will remain in effect so long as you continue to have a domain name registered through us or maintain a membership account with us on the GatherNames Platform, unless terminated by you or us in accordance with the terms below.
9.2 We may terminate or suspend this Service Agreement and/or your use of the Services immediately without prior notice to you:
(a) if you breach this Service Agreement or any GatherNames related Agreement;
(b) if you fail to pay any service fees;
(d) if we deem that this would be in accordance with any ICANN agreements, registrar-registry agreements or consensus policies, or to maintain our or an affiliated entity’s compliance with ICANN agreements registrar-registry agreements or consensus policies;
(e) to comply with any applicable law or requests of any governmental or regulatory entity;
(f) to comply with GatherNames’s security policies;
(g) to comply with the order of a court of competent jurisdiction or an award or order of any arbitral or other tribunal binding upon you; and/or
(h) if you conduct yourself in a manner that we deem to be detrimental to the integrity, security and operation of the Services or any information systems connected or in operation with the same.
9.3 You may terminate this service agreement for any reason by
(a) providing us notice; and
(b) successfully deleting, assigning, or transferring to another registrar the registration of all domain names you currently have registered using the services.
You may not be able to delete or transfer your registration of your domain names in certain circumstances (e.g. the event of a dispute regarding the domain names or its use).
Any notices required to be given under this agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.
11.GOVERNING LAW AND JURISDICTION FOR DISPUTES
11.1This Service Agreement shall be governed by the laws of HONGKONG without regard to its conflict of law provisions.
11.2 Except as otherwise set forth in the UDRP, URS, or any similar ccTLD policy, with respect to any dispute over a domain name registration, this agreement, your rights and obligations and all actions contemplated by this agreement shall be governed by the laws of HONGKONG, as if the agreement was a contract wholly entered into and wholly performed within the HONGKONG.
11.3 The parties hereby submit to the jurisdiction of the courts of HONGKONG, on an exclusive basis, to settle any dispute or claim arising out of or in connection with this agreement or their subject matter or formation (including non-contractual disputes or claims).
12.1 This agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP and URS, 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.
12.2 You represent, warrant, and agree that upon entering into this agreement, that you are not relying upon and have not relied upon any representation, promise, or statement made by anyone which is not recited, contained, or embodied in this agreement.
12.3 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.
12.4 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.
12.5 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.