DOMAIN PARKING / RESERVATIONS
1. Your credit card will be billed by mysitespace.
2. There is no charge for indefinite parking of domains on mysitespace servers or to transfer to another service provider.
3. Domain Parking does NOT include Web Space or Virtual Hosting. You are not provided with the option to submit your own DNS entries, as we are NOT a Registrar.
4. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.
5. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
GENERAL
1. mysitespace claims no control whatsoever over the content of the information passing through the mysitespace WEB SYSTEM. mysitespace makes no warranties of any kind, whether expressed or implied, for the service it is providing. mysitespace also disclaims any warranty of merchantability or fitness for a particular purpose.
2. At mysitespace and its officers' discretion, access to mysitespace's services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. mysitespace and its officers are deemed as sufficient authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
3. You agree to indemnify and hold harmless Registration Service Provider, Registrar, Registry Operator or Administrator and ICANN from any claims resulting from your domain name registration or use of the service which damages you or another party.
4. Use of any information obtained via mysitespace's WEB HOSTING SYSTEM is at your own risk. mysitespace specifically denies any responsibility for the accuracy or quality of information obtained through its services.
5. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.
6. mysitespace reserves the right to suspend without prior notification, accounts which are deemed to be a threat to the functionality or existence of mysitespace's WEB HOSTING SYSTEM.
7. Cancellations will NOT generate ANY refund.
8. Use of mysitespace's WEB SYSTEM constitutes acceptance of these Terms and Conditions.
TERMS - DOMAIN NAME REGISTRATION, ADMINISTRATION SERVICES AGREEMENT
1. Generic Top Level Domain Registrations
Registrar is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for various generic top-level domain names including .com, .net, .org, .biz, .info, .pro, and .name ("gTLDs").
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. ICANN’s UDRP policy can be reviewed at: http://www.icann.org/en/help/dndr/udrp/policy.
Additional terms and conditions apply to the registration, administration and renewal of certain gTLDs and such terms and conditions can be accessed by clicking here (http://www.enom.com/terms/agreement.aspx and http://opensrs.com/site/resources/agreements).
2. Country Code Top Level Domain Registration and Administration
In addition to registering and renewing gTLD domain name registrations, Registrar also registers and renews various country code top level domains ("ccTLDs"). The registry administrator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these registry administrators for their respective registries only. (Click here for the terms and conditions of each available ccTLD.) Registrar may, in its sole discretion, elect to discontinue offering registrations or renewals of some or all ccTLDs.
3. No Guarantee of Registration or Renewal
The domain name registrar, upon accepting your application to register or renew a domain name, is the sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate registrar and registry administrator, as applicable, and that registrar and registry administrator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your registration is unsuccessful.
4. You acknowledge and agree that Registrar does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available, or you are able to complete an order with respect to such name. You also understand that Registrar cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that Registrar is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that Registrar may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any registry administrator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name.
5. Your Representations
By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations or Registrar's rules or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
6. Domain Name Registrant
Registrar considers the entity named as the registrant contact for the domain name to be the registrant of that domain name and the entity authorized to transfer the domain name. Further, the billing contact is your agent with authority to act on your behalf with respect to the domain name registration or any other services obtained from Registrar, including (but not limited to) the authority to terminate, renew, or modify such services, or obtain additional services.
IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER.
7. Transfer of Registrar
Your domain name may be automatically set to prevent a transfer to another Registrar by means of a registrar lock on your domain. By having a lock status on your domain, you are providing express objection to any and all transfer requests issued from another Registrar. Should you choose to transfer to another Registrar, you must contact your Service Provider and remove the lock prior to our receipt of the transfer request from the gaining Registrar. If you are not sure whether your domain name is on lock status or if you need assistance in un-locking the domain, click here for customer support.
8. Parking Page
Certain domain names registered through Registrar are pointed to a parking page. The parking page may be modified at any time by Registrar or your Service Provider without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Registrar or its resellers, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a parking page, please email dns@mysitespace.com.
9. Definitions
Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Registrar. is an ICANN accredited Registrar for defined TLDs.
Data Escrow services are required by ICANN. Registrar uses Iron Mountain for its WhoIs data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored.
DNS refers to the Internet domain-name system.
ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a non-profit, non-government organization contracted with the US Government as a regulatory body for the system of TLDs.
Registered Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).
Registered Name Holder or Registrant means the holder of a Registered Name.
Registrar is the ICANN Accredited entity, listed in the publically available WHOIS record, as the sponsoring domain name Registrar. For WHOIS lookup information, please refer to: http://www.internic.net/whois.html. Each Registrar has its own terms of service related to domain name registrations which are hereby incorporated into this agreement. If your domain lists Tucows as the Registrar of Record, please refer to their domain registration agreements at: http://www.opensrs.com/docs/contracts/exhibita.htm. If your domain lists eNom as the Registrar of Record, please refer to their domain registration agreements at: http://www.enom.com/terms/agreement.aspx.
Registration Service Provider means mysitespace.com and any other contracted entity in the registration of the domain name.
Registrar Services means services provided by a Registrar in connection with a TLD as to which it has an agreement with the TLD's Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database. Registrars standard terms of service are incorporated into this agreement.
Registry means the electronic directory where all TLDs are held. The Registry administrator (RA) maintains the Registry.
Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by Registrars in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.
Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD.
Registry Services with respect to a particular TLD, shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD.
TLD is a top-level domain of the DNS. Registration Service Provider, via Registrar, registers the following generic or gTLDs: including .com, .net, .org, .biz, .info, .pro, and .name.
TERMS - TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") sets forth the terms and conditions under which you, the domain name holder, may transfer your domain name registration to mysitespace ("Registrar") You acknowledge and agree that you have read and agree to the terms and conditions of this Agreement, Registrar's Services Agreement, the accompanying dispute policy, and any rules or policies that are or may be published by Registrar from time to time.
Please note that this Agreement will become effective when accepted by Registrar. Registrar may elect to accept or reject your application for any reason at its sole discretion. If your transfer request is accepted, and your domain name registration is transferred to Registrar, the Services Agreement and Dispute Policy will apply to your domain name registration.
1. Terms of Transfer
When you transfer your domain name registration to Registrar you will be required to extend your existing registration for one year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration. Once the transfer has been authorized and processed, Registrar shall immediately become the registrar of record.
2. Initiation of Transfer
Only the authoritative holder of the domain name registration may initiate a request to transfer that domain name registration from another registrar to Registrar. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer. Registrar, at its sole discretion, may require you to provide documentation that proves that you are the authoritative domain name holder and that you have initiated this transfer request.
The request to transfer a domain name registration from one registrar to another may be denied (a) during the first 60 days after initial registration of the domain name with the original registrar, (b) in accordance with circumstances described in the Domain Name Dispute Policy, (c) if there is a pending bankruptcy of the domain name holder, (d) if there is a dispute over the identity of the domain name holder, (e) by operation of law or (f) at the discretion of the then current registrar.
3. Fees
As consideration for the transfer of the domain name registered in your name to Registrar, you agree to pay Registrar, upon submission of your registrar transfer application to Registrar, the then-current fees set forth for such services. Registrar reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your registrar transfer request will not be processed unless we receive actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registrar transfer fee, you acknowledge and agree that the registration shall be transferred to Registrar as the entity that has paid the registrar transfer fee for that registration to the applicable registry, and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registrar transfer fee and our then-current reinstatement fee.
4. Limitation of Liability
YOU AGREE THAT REGISTRAR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) INTERRUPTION OF BUSINESS, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (d) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (e) EVENTS BEYOND REGISTRAR'S REASONABLE CONTROL, OR (f) THE PROCESSING OF THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO REGISTRAR. REGISTRAR ALSO 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 REGISTRAR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL REGISTRAR'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT PERMITTED BY LAW.
5. Indemnification of Registrar
You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to breach of your representations and warranties hereunder or the transfer of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Services Agreement or Dispute Policy.
6. Representations and Warranties
You represent and warrant that all information provided by you in connection with the transfer of the domain name you are seeking to transfer is accurate and current. WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New York, as if the Agreement was a contract wholly entered into and wholly performed within the State of New York. Any action to enforce this Agreement or any matter relating to your use of the Registrar site shall be brought exclusively in the United States District Court for the Southern District of New York, or if there is no jurisdiction in such court, then in a state court in New York County.
8. General
You agree and acknowledge that any acceptance of your application to transfer the domain name registered in your name and the performance thereof will occur at our offices in Boca Raton, Florida, the location of our principal place of business. 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 Registrar 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 Registrar 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. Registrar 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 Registrar as reflected in the original provision.
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