2. Selection of a Domain Name
We do not check to see whether the domain name you select, or the use you make of the domain name, infringes legal rights of others. We urge you to investigate to see whether the domain name you select or its use infringes legal rights of others, and in particular we suggest you seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with your domain name. You should be aware that there is the possibility we might be ordered by a court to cancel, modify, or transfer your domain name. You should be aware that if we are sued or threatened with lawsuit in connection with your domain name, we may turn to you to hold us harmless and indemnify us, pursuant to the indemnification provision below.
3. Fees and Payment
As consideration for the domain name registration services provided by Web & Cloud to you, you agree to pay Web & Cloud at the time of submitting your application for registration, all applicable initial registration fees and renewal fees in accordance with Web & Cloud’s fee schedule published on Web & Cloud’s website. All fees are non-refundable, in whole or in part. You will be notified when renewal fees are due, and it shall be your responsibility to ensure that such fees are paid. Should these fees go unpaid by the time specified in the renewal notice, your registration will be cancelled. You agree that Web & Cloud shall have no liability whatsoever with respect to any such cancellation.
4. After Expiration of The Term of Domain Name Registration
You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, Web & Cloud’s Web site, Web & Cloud product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
For a period of approximately 14 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, called the “renewal grace period.” 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. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a renewal grace period and that we shall not be liable therefore.
Should you not renew the domain name registration services during the renewal grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name registration services to Web & Cloud or a third party on your behalf (such a transaction is hereinafter referred to as an “Expired Domain Transfer”), and your failure to so notify us after the domain name expiration date shall constitute your consent to such an Expired Domain Transfer.
You acknowledge and agree that the Expired Domain Transfer process may be facilitated through a single Expired Domain Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. We cannot guarantee, and we make no representation or promise, that any Expired Domain Transfer will occur with respect to any particular domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You also agree that in the event your domain name services are terminated by us pursuant to this Agreement, we may transfer your domain name registration to Web & Cloud or a third party, without any liability to you or obligation to compensate you in connection therewith.
In the event that your domain name registration is deleted, you acknowledge that certain registry administrators may provide procedures by which deleted domain names 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 names and that we shall not be liable therefore. The typical RGP fee is $120 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
5. Charge Backs
You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reserved payment. Web & Cloud will decide at his sole discretion whether to hold the name in his own portfolio or to release it for use by others.
6. Dispute Policy
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy (“Dispute Policy”) which is incorporated into this Agreement by reference and made a part of this Agreement. Any disputes regarding the right to use your domain name will be subject to the Dispute Policy provisions in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Web & Cloud harmless pursuant to the terms and conditions contained in the Dispute Policy. Web & Cloud may modify the Dispute Policy with the permission of ICANN at any time. Your continued registration of your domain name after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your domain name be deleted.
7. Use of Your Information
8. Use Policies
Web & Cloud, will suspend or stop the use of the domain name including (but not limited to) modifying DNS, modifying registration information or delete domain name without further notice, no refund of the registration fee or renewal fee if(1)a registered domain name is purposely used to send out mass spams like mass unsolicited, commercial advertising or solicitations and so on, (2)or used to send out retroactive, pornographic or other harmful emails that violate the country laws and rules, (3)or used to receive the returned emails of the above emails, (4)or used to resolve, point or forward to the website with harmful information that violate the country laws and rules, (5)or used to do other illegal actions.
9. Agents and Licenses
You agree that, if your domain name is registered on your behalf by anyone acting as your agent (e.g., an Internet Service Provider, employee, etc.), you are nonetheless bound as a principal by all terms and conditions provided herein, including the Dispute Policy. You agree that if you license the use of your domain name to a third party, you remain the domain name holder, and remain responsible for all obligations under this Agreement.
10. Limitation of Liability
YOU AGREE THAT Web & Cloud WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (a) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (b) THE USE OF YOUR DOMAIN NAME, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO Web & Cloud’S REGISTRATION SYSTEM; (d) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND Web & Cloud; (e) EVENTS BEYOND Web & Cloud’S REASONABLE CONTROL; (f) THE PROCESSING OF THIS APPLICATION; (g) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (h) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER; OR (i) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, Web & Cloud 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 Web & Cloud HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL Web & Cloud’S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO Web & Cloud FOR REGISTRATION OF YOUR DOMAIN NAME DURING THE PRIOR 3 YEARS UNDER THE TERMS OF THIS AGREEMENT. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless Web & Cloud and any applicable domain name Registry, including Web & Cloud and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys’ fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy.
12. Representations and Warranties
You represent and warrant that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your registration is complete and accurate. Web & Cloud makes no representations or warranties of any kind 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.
13. Breach and Revocation
Any breach by you of this Agreement or the Dispute Policy must be remedied by you within 30 days of notice by Web & Cloud. If you fail to cure the breach, Web & Cloud may suspend, cancel, transfer or modify your registration of the domain name. 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 (including Web & Cloud) or registry administrator procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by Web & Cloud, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name. You also agree that Web & Cloud shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as Web & Cloud receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
14. Change in Registrar
Web & Cloud policy permits Registrant to change its Registrar for an existing domain name. You agree that you can change the Registrar only in accordance with the policy or other policy from time to time provided by ICANN. The policy provides: (a). Each change of Registrar requires you to enter into a new two year Registration Agreement and to pay the appropriate registration fee;(b). You obtains no refund of any part of the fee paid to existing Registrar.
You agree that any notices required to be given under this Agreement by Web & Cloud will be deemed to have been given if delivered in accordance with the contact information you have provided.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, it shall not affect the remaining terms or provisions, which shall continue to be binding.
17. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the The Netherlands, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Web & Cloud website shall be brought exclusively in The Netherlands Court.
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of domain names registered hereunder, you acknowledge and agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (a) of the domain name holder’s domicile, and (b) where Web & Cloud is located.
This Agreement, the Web & Cloud fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and Web & Cloud, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency or other form of joint enterprise between the parties. The failure of Web & Cloud 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 Web & Cloud 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. Web & Cloud will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Web & Cloud as reflected in the original provision.