Terms of Service

Terminology

Following are definitions of terms used in these Terms of Service.

1. America Registry, the Registry and any other entity with whom any of the preceding parties is in a business relationship;
2. every officer, employee, contractor, agent of any entity specified above
3. anyone else that America Registry may procure to perform any obligations or duties of America Registry under any agreement you have with America Registry.

Your obligations

You agree that:

1. You have read and understand these Terms of Service and the relevant ccTLD Policies, and agree to be bound by them.
2. You have and will satisfy yourself that the use (whether directly or indirectly) of the Domain Name will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party. You agree to protect each Relevant Party from any such claim.
3. You will make sure all information you give America Registry is accurate and complete, keep America Registry informed of changes to any information you give us, and that you have the authority to enter in to this agreement.
4. You will only use the Services for lawful purposes.
5. You will ensure that any Domain Name registered by you does not interfere with other users of the Internet.
6. You will comply with any orders of any authority having jurisdiction in relation to the Services.
7. All registered Domain Names must be hosted on two pre-configured domain name servers and you are responsible for at all times meeting this obligation.
8. You will keep the Registrant ID, and any passwords associated with the Domain Name, together with any other security provided to you in connection with the Domain Name (“Password Information”), confidential, safe and secure. America Registry is not responsible for the misuse of any Password Information whether by yourself, or, by any other person (including, without limitation, any employee or contractor of America Registry).

You warrant that:

1. You are an identifiable individual over the age of 18 years of age, or, a legally constituted organisation.
2. Any person or legal entity which uses the Domain Name complies with the obligations set out in clause 1.1 above.
3. In respect of a Restricted Domain Name, you meet and will continue to meet for the period of the Restricted Domain Name registration the eligibility criteria contained in the Restriction Policies.

You acknowledge that:

1. America Registry and you as customer must adhere to the relevant registry Policies and any instructions received from time to time from the registry(ies) and ICANN. Accordingly, America Registry reserves its rights to and is entitled to take all actions that may be reasonably necessary or prudent to comply with the relevant Policies or any such instructions received from time to time from the registries without incurring any liability to you or any person for whom you are responsible as you the customer must at all times comply with all registry and ICANN policies which may change from time to time without notice from America Registry.

Your Obligations Regarding Web and Email Services

You agree that:

1. You will perform all tasks and responsibilities requested of you by America Registry in respect of the Web and Email Services.
2. You will ensure that any Hosted Website and any email sent or received from or by an Email Address:
   1. does not infringe any intellectual property rights of any person;
   2. does not contain any material which is obscene, offensive, upsetting, defamatory, insulting, abusive or in any way unsuitable for persons under the age of 18 years;
   3. is not comprised or is not used for any unlawful purpose or activity.
3. You will comply with the requirements of any restriction or exclusion relating to any Web and Email Service notified to you by America Registry from time to time.
4. America Registry may modify, enhance or withdraw any Web and Email Service by posting notice on the America Registry Website 30 days before the change is to take effect.
5. America Registry does not provide website maintenance services in respect of any Hosted Website. Without limiting this exclusion, you also agree that America Registry accepts no responsibility for any deficiency or inaccuracy in any Hosted Website that is attributable to defects in that website.

America Registry’s Obligations

When providing any Domain Name Services, America Registry will:

1. Comply with all relevant ICANN, gTLD and ccTLD Policies and represent these Policies to you. America Registry may enforce the Policies against you if so required by ICANN or the appropriate registry(ies).
2. Disclose accurately and completely all the terms and conditions (including price and billing information) associated with the provision of the registration of a Domain Name to you, and the maintenance of the Domain Name sought to be used by you.
3. Comply with your lawful directions in a diligent and timely manner regarding the Domain Name (including, without limitation, relating to registration, cancellation, amendment, deletion and associated technical support and billing).
4. Process any Domain Name registrations with the Register within 72 hours from the time that America Registry receives all the information required to complete the registration.
5. Notify you of the registration of the Domain Name including the details of the Domain Name, your contact details, America Registry contact details, the registration period and the passwords for the Domain Name.
6. You must update and correct the registration data for the registry database when necessary, incomplete data must be completed. America Registry will facilitate updates of the registration data. You acknowledge that the provision of incorrect, outdated or incomplete data can directly lead to loss of rights from the service without refund. This also applies in the event that you do not comply with our request to correct the data or provide proof of its accuracy within a timely manner.
7. Provide the password for the Domain Name to you, or to someone that America Registry reasonably believes is acting on your behalf, when requested and at no charge. We agree to take reasonable care to satisfy ourselves that you have permitted that person to act on behalf of you.
8. Use your personal information only as authorised by you and otherwise, in accordance with these Terms of Service.
9. Take all reasonable commercial steps to safeguard and protect all information about you stored in America Registry’s databases and systems.
10. Comply with any order or authority having jurisdiction regarding the Domain Name registered to you.

Registration of a Domain Name

You agree that:

1. Registration of a Domain Name by America Registry is carried out on a "first come, first served" basis.
2. Registration of a Domain Name confers no property or ownership rights to that Domain Name.
3. Upon the registration of a Domain Name by you, your contact details, the Domain Name, its commencement and expiry date, the address and details of the nameservers for the Domain Name and America Registry’s name becomes publicly available to any member of the public.
4. The Domain Name is registered in your name only because no other person has it according to the records of the Register.
5. The entry of a domain name in the registry database will not be taken as evidence of anything other than the registration of the Domain Name.
6. America Registry will not become involved (whether directly or indirectly) in any dispute pertaining to the Domain Name and where a conflict arises between Name Holders or prospective Registrants about the Domain Name registration, those parties must resolve the issue independently of America Registry.
7. The details held in the Register shall be treated as correct and as the authoritative record.
8. America Registry does not accept any responsibility for the content of a Name Holder website and America Registry shall not be obliged to enforce the removal of content from a website unless it has been instructed by a Court Order to do so. America Registry reserves the right to withdraw services or terminate the agreement under its own discretion to avoid liability, to comply with applicable law or to protect its reputation.
9. Confirmation of your order does not guarantee that the domain name has been successfully registered. America Registry will not accept any responsibility, nor provide any guarantee that the domain name has been successfully registered until we receive registration confirmation from the registry. When a domain name has been successfully registered, a confirmation email will be sent to you confirming the successful registration.
10. The availability and price information we return for a given domain name is an indicator only, based on the information available to our systems at the time of checks and dependent on third-party systems. As such we cannot accept any responsibility for the accuracy or inaccuracy of availability and pricing checks.
11. In the event a given domain name is unavailable for registration or has been assigned a higher ("premium") cost by the registry operator, we may contact you regarding your wishes and your options relating to any payment already made to us for this order.

Management of gTLD Domain Name

DESIGNATED AGENT FOR REGISTRANT CHANGES AND/OR DOMAIN NAME TRANSFERS FOR gTLDs

You authorise America Registry to act as your "Designated Agent" with respect to the Inter-Registrar Transfer Policy (IRTP) (https://www.icann.org/resources/pages/registrars/transfers-en) for all gTLD domains.

When we act as your "Designated Agent" we have the explicit authority to approve and accept each "Change of Registrant" (as per the IRTP) on your behalf, whether this change represents a change from your Registrant information or to your Registrant information, and will do so in all instances. You also agree accept that authorising us to act as your Designated Agent is a condition of registering or managing your domain with America Registry.

You agree to keep all passwords and access data received from America Registry or generated yourself for access to our services confidential and to inform America Registry once you receive any information about third parties gaining access to your passwords or account. You acknowledge that you are responsible for any orders or statements issued with your user identification and that you bear the risk of unauthorised use of your access details. Should unauthorised third parties use services of America Registry while using your account, you are responsible for all fees and damages. America Registry may lock access to your account if there is sufficient reason to assume it is used by unauthorised parties. America Registry will inform you without delay of any such measure.

Domain Free Parking

America Registry provides a free parking service to the owner of the domain in order to publicise the Domain name to third parties, and in no way endorses any meaning it may have for visitors. Links that may appear on this page are provided by a third-party for advertising purposes and have not been chosen nor specifically approved by America Registry. If you wish to remove this page please advise us.

Web and Email Services

1. If America Registry provides you with Hosting services, you may obtain any Web and Email Service from America Registry in connection with the Domain Name. You agree on your own behalf, and on behalf of the Registrant if you are acting as the agent of the Registrant that the Web and Email Services are not available for Name Holders of Moderated Domain Names.
2. America Registry will endeavour to provide the Web and Email Services with due care and skill, however, America Registry does not guarantee the availability of the Web and Email Services. America Registry will remedy any unavailability of the Web and Email Services as soon as it is able but does not guarantee that any unavailability will be resolved outside America Registry’s trading hours. In addition, America Registry does not guarantee that any Web and Email Service will be:
   1. interruption or fault free or that any faults or errors will be corrected;
   2. available at any particular time or location; available, or available without change, for any minimum period of time;
   3. secure or private; or
   4. free of viruses or other harmful features.
3. America Registry does not provide any service level targets with any of our hosting plans unless previously agreed to in writing. In the absence of such service levels we do not guarantee performance levels of our hosted Web and Email services.
4. America Registry will use best endeavours to notify you of any scheduled maintenance times which may also affect the performance of our Web and Email hosting services.
5. America Registry will provide regular backup services for your Web and Email hosting services however these backup services will be performed at our own discretion. Any such backups will not be customized in accordance with your own requirements.

Cancellation of a Domain Name or a Web and/or Email Service

1. You may cancel a Domain Name or any Web and Email Service at any time by notifying America Registry in writing. You agree that:
   1. on receipt of such notice, America Registry will cancel the relevant Domain Name and/or cancel the relevant Web and Email Service; and
   2. Services cancelled prior to the end of their service period are non-refundable and America Registry will have no liability to you whatsoever in relation to such deletion and/or cancellation.
2. America Registry may, in its sole discretion, cancel a Domain Name and any additional services such as Web and Email Services provided to you by America Registry in respect of that Domain Name upon 14 days' notice where you fail to pay any fees that are due to America Registry.
3. In the case of domain names registrations cancelled by you, of domain names not extended at the time of expiry despite of a reminder of the pending expiration, or of non-payment of renewal fees, America Registry is authorized to deactivate this domain name at its own discretion or to change the DNS entries ("deactivation"), to return it to the Registry for the purpose of deletion or continued management at the registry ("deletion") or to dispose, to auction, to transfer to third parties, to take over in his own continuance ("utilization"). America Registry will begin to undertake such actions no earlier than 14 days after the expiration of domain names with a Renewal Grace Period, or upon expiration of domain names without such a period. You agree that the termination or non-renewal of the domain name or non-payment of due renewal fees shall constitute your consent to the actions described above as well as to a renewal of the domain name and updates to the registration data to the extent necessary for their undertaking provided that you do not contradict expressly before the term end and no agreement to the contrary exists.

Fees

You agree that:

1. Where you have appointed an Approved America Registry Provider to manage your Domain Name, and the Approved America Registry Provider provides you with billing services, the fees payable for any Domain Name Service, and the payment terms for that Domain Name Service, will be as agreed between you and the Approved America Registry Provider; or
2. Where you have elected to manage your own Domain Name, or have appointed an Approved America Registry Provider to manage your Domain Name which does not supply billing services to you:
   1. the fees for any Domain Name Service or any Web and Email Service are as set out in the relevant 'pricing' pages of the America Registry website; and
   2. if America Registry is required to incur additional charges in connection with the provision of any Domain Name Service or Web and Email Service to you, we will notify you prior to incurring any such additional charge;
   3. you will pay the fees for any Domain Name Service or any Web and Email Service to America Registry in accordance with the payment terms set out on the America Registry Website at the time the Domain Name and/or Web and Email Service application is submitted to America Registry, or, as otherwise specified on the America Registry Website or these Terms of Service;
   4. America Registry may alter any fees set out in this clause at any time on 30 days prior written notice; and
   5. the payment terms related to any Domain Name Service and/or America Registry Service include the following:
      1. All fees are payable in advance unless specified otherwise.
      2. For fulfilled service, all fee payments are non-refundable unless stated otherwise in our Refund Policy.
      3. A renewal fee is payable in respect of the renewal of each Domain Name registration.
      4. America Registry has no obligation to record the registration of any Domain Name if America Registry has not received the applicable fees for that Domain Name.
      5. Failure to pay the domain name renewal fee in respect of a Domain Name registration will result in cancellation of that domain name registration
      6. If you transfer the Domain Name to another entity or Registrar all charges owing to America Registry as at the date of the transfer are immediately due for payment.
      7. Any amounts payable by a Registrant as a result of exceeding email or website limits will be charged monthly in arrears and will be due by the date specified on the invoice.
      8. Please find the refund policy here

Exclusions and Limitations of Liability

1. America Registry does not investigate whether or not any Registrant is entitled to register or hold any rights in a Domain Name or request any Web and Email Services, except for ccTLDs where such investigation is required by the policy set out by the relevant registry.
2. By registering a Domain Name, America Registry is not acknowledging that any person has any rights in the name or words comprised in the Domain Name and does not authorise any person to use the Domain Name in the course of trade.
3. You agree that no Relevant Party will have any liability to you for any claim arising from any breach of this agreement by a Relevant Party or any act or omission of any Relevant Party except where any Relevant Party has acted in bad faith.
4. You agree that where a Relevant Party has acted in bad faith, or where America Registry has acted negligently, the liability of such party to you will be capped to the amount of the fees paid by you to America Registry in the month immediately prior to the event of liability in respect of the Domain Name.
5. All conditions and warranties, which may be implied by law into this contract, are excluded except to the extent that it would be unlawful to do so. You agree that this clause 10.4 is for the benefit of each Relevant Party.

Indemnities

1. You indemnify and hold harmless America Registry on its own behalf, and as agent for each other Relevant Party, from and against all liability or loss, cost, expense or damage (including reasonable attorneys fees) incurred or sustained as a result of, or in connection with:
   1. any claim or dispute pertaining to the registration of the Domain Name, whether in your name or in such name as you direct;
   2. any claim that the manner in which the Domain Name or other Service is directly or indirectly used by you or anyone for whom you are responsible infringes the legal rights of any third party;
   3. any other claim relating to the use by you or anyone for whom you are responsible, of the Domain Name, or any service provided to you under these Terms of Service; or
   4. any claim arising in relation to the content or operation of any Hosted Website (other than claims caused by America Registry’s breach of these Terms of Service); and provided that, you shall not be required to indemnify and hold harmless America Registry for any claims arising from America Registry�?negligence or bad faith.

General

1. Unless otherwise agreed in writing, these Terms of Service contain all the terms of our relationship and continues to apply no matter where you are located at the time any of the Services are provided or where you reside, and shall continue to apply until these Terms of Service are cancelled or terminated, except as otherwise stated in these Terms of Service.
2. America Registry may transfer its rights and obligations under these Terms of Service to any third party.
3. If any provision of these Terms of Service is held to be unenforceable in whole or in part all other provisions contained herein shall continue to be valid and enforceable.
4. Each provision of these Terms of Service is separately binding on America Registry. If, for any reason, you, any Relevant Party cannot rely on any applicable provision in these Terms of Service, all other applicable provisions in these Terms of Service shall nonetheless be binding.
5. To the extent permitted, the parties agree that:
   1. any dispute or claim arising out of or in connection with these Terms of Service must be brought within 60 days from the date on which the event giving rise to the dispute or claim occurred;
   2. where you or any Registrant for whom you are acting as agent supplies incorrect information regarding a Domain Name and America Registry incurs costs in any matter concerning that Domain Name, America Registry may recover those costs from you.
6. The cancellation or termination of these Terms of Service will not affect any rights or obligations that have arisen prior to such cancellation or termination of these Terms of Service, and which by their nature survive (or should survive) the cancellation or termination, including, without limitation, any warranties, indemnities and limitations of liability provisions.

Compliance with local laws

America Registry makes no representations or warranties that the products of services provided on our web site are appropriate for every country or jurisdiction. Regardless of which jurisdiction you are domiciled on, some products, or services, or web content may be considered illegal. Anyone who orders or uses products or services provided on the America Registry web site must ensure that they comply with all applicable local laws, rules and regulations. For country code top level domain names, it is your responsibility to ensure you comply with the local laws of that respective country.

Jurisdiction (Governing Law)

Except for disputes governed by the Uniform Domain Name Dispute Resolution (UDRP) Policy and/or other applicable dispute resolution policies, this Agreement shall be governed by and construed in accordance with the laws of the Commonwealth of Australia, without regard to conflict of laws principles. You agree that any action relating to or arising out of this Agreement shall be brought before a recognized arbitrator or law court of the Commonwealth of Australia, and you hereby consent to jurisdiction and venue in the Commonwealth of Australia.

Survival

The titles and headings of this Agreement are for convenience and ease of reference only and shall not be utilized in any way to construe or interpret the agreement of the parties as otherwise set forth herein. If a court of competent jurisdiction holds any provision (or portion of a provision) of this Agreement to be illegal, invalid, or otherwise unenforceable, the remaining provisions (or portions of provisions) of this Agreement shall not be affected thereby and shall be found to be valid and enforceable to the fullest extent permitted by law.

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 America Registry.

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.

America Registry will not process data about any identified or identifiable natural person that it obtain from you in a way incompatible with the purposes and other limitations which are describe in these terms and conditions of service.

America Registry will take reasonable precautions to protect the information it obtains from you from America Registry’s loss, misuse, unauthorized accessor disclosure, alteration or destruction of that information.

ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.

Changes to Terms of Service

1. America Registry reserves the right to amend these Terms of Service at any time by thirty days' prior written notice to you (“Relevant Notice Period”). You agree that your use of any Domain Name or other Service following the expiry of the Relevant Notice Period will constitute your acceptance of the modified Terms of Service.

Termination or Expiry of these Terms of Service

1. Where the Registrant transfers its Domain Name from America Registry to another Registrar in accordance with the relevant ccTLD Policies and these Terms of Service, the parties agree that these Terms of Service will terminate effective from the date of such transfer.
2. The parties agree that these Terms of Service will terminate on the effective date of the cancellation of the Registrant’s Domain Name (and associated Web and Email Services) in accordance with the terms specified in the Cancellation of a Domain Name or a Web and/or Email Service Section of these Terms of Service.
3. The parties agree that these Terms of Service will expire where the Registrant’s Domain Name licence expires and is not renewed by the Registrant prior to the deletion of the Domain Name.