Last Updated on: February 25, 2007
Misk.com provides Products to you either directly, or in conjunction with other businesses. These businesses may have contracts that differ from this TOS. We will provide you with links to these contracts on request. Some of Misk’s Products allow you to use services provided by other businesses. It is important to know that the Agreements apply even if your use of the Products is simply to facilitate a use of a third party product.
If you purchase Products from Misk.com and are not the final user, it is your obligation to ensure that ultimate end user of the Products, and all other intermediate users (collectively “End User(s)”), comply with the Agreements. You acknowledge, that for domain name purchases, Misk’s acceptance of any domain name registration application will take place at the offices set out in its registrar agreement: Fishkill, New York, USA.
1.1 The term “Product” or “Products” refers to the services, software and other items provided to you by Misk. The specific features of the Products are set out on our website (Product Description). You may purchase more than one Product from Misk. Each Product is covered by this TOS and all of our other Agreements. This TOS may have additional terms that apply only to specific Products.
1.2 This section of the TOS applies to all Products. You may be bound by additional sections incorporated in Sections B and C. Please review the entire TOS to ensure that you understand the full extent of your obligations.
1.3 The features, prices and other aspects of the Products you purchase from Misk.com will be provided to you in the form and manner set out in the Product Description as it is set out on Misk’s website on the Effective Date. Misk.com continually evaluates the features, prices and other aspects of the Products. From time-to-time, Misk.com may make changes in these features and prices, and is under no obligation to offer these new features and prices to you. The prices set out on our website are valid as of the Effective Date. The prices of the Products provided by Misk.com or third parties are not guaranteed. Those prices may change after the Effective Date.
1.4 If certain features of a Product are provided by a third party, that third party may have reserved the right to make changes to its services. We will use reasonable efforts to inform you of these changes.
2. Accurate Information
2.1 The information you provide to us must be accurate and current. It is your obligation to update this information if it changes. This information is required to provide the Products to you. We have no liability if we are unable to provide the Products to you because you have not provided us with accurate information. We have no responsibility for communications that are misdirected as a result of your failure to provide us with updated contact information. You are required to respond within 7 business days of our request for additional information from you, or for a request to validate your information. If we believe you have provided us with false, misleading or inaccurate information, we may terminate this TOS without notice, penalty, or other obligation to you.
2.2 On occasion, we may need to communicate with you by email about issues related to billing, service changes, additions and modifications to the Products. It is your responsibility to provide a working, monitored, email address to us.
3. Effective Date
We each become bound by this TOS when you submit an order for a Product (Effective Date). We are under no obligation to provide a Product to you until your order is approved by us.
This Agreement will begin on the Effective Date and continue for the term set out on the Product Description Page (Initial Term). After the expiration of the Initial Term, the Agreement will renew for successive periods of equal length (Renewal Term). If the Product Description Page does not contain an Initial Term, the Initial Term shall be one month.
5.1 All sales are final. You will not receive a refund for any cancellation.
5.2 Misk.com offers auto-renewal of certain products. Auto-renewal extends the term of the Product automatically. The auto-renewal feature may be cancelled on any Product through your control panel or in writing by email. You must give us 30 days notice or notice stated on the Product Description Page. A cancellation notice received outside of this time frame, will be processed, and effective, for subsequent Renewal Terms. When you request cancellation of auto-renewal, the Product will be canceled on the last day of the Initial or Renewal Term.
6.1 We reserve the right to immediately terminate this TOS, and suspend or cancel your Products: (i) for a violation of any provision of this TOS or any other Agreement, including third party agreements that apply to you through this TOS; and/or (ii) your failure to pay any amounts due. This right of termination is without prejudice to any other rights we may have. You are not entitled to any type of notice or protest should we exercise these rights. You will not receive a refund if the Products are terminated pursuant to this paragraph.
6.2 One party may also terminate this TOS upon the occurrence of a material breach which has not been cured by the other party within 30 days of their receipt of written notice of the breach. Materiality shall be determined from the perspective of a reasonable business person with significant experience conducting business on the Internet. Notices of material breach must contain sufficient detail for the party against whom the assertion of material breach is directed, to identify the breach and attempt to take corrective action.
6.3 Upon termination, your account will be closed and the Products terminated. We have no responsibility to forward email, or other communications, once your account is closed. You are encouraged to keep the Products active during a transition period should you seek to forward your email or other communications.
6.4 Following termination, you may be offered a grace period during which the Products may be reinstated. However, we are under no obligation to offer such a grace period to you, and we are under no obligation to continue to offer such a grace period if we have done so in the past.
7.1 The fees and charges for the Product are set out on the Product Description Page (Fees). The Product Description Page may also contain a date on which the Fees are due (Due Date). Fees begin to accrue on the Effective Date.
7.2 Our obligation to provide the Products is contingent on your payment of the Fees by the Due Date. You must pay the Fees without set off or deduction. It is your responsibility to ensure that we receive payment of the Fees. It is your responsibility to ensure that information necessary for us to collect the Fees is current. Entering into this TOS signifies your acceptance of our initial and continuing credit approval and fraud avoidance procedures and policies. We reserve the right to withhold initiation or full implementation of the Products until we are satisfied with our initial credit and fraud review.
7.3 If the Fees are not received when due, your account will be considered delinquent. At that time our system will automatically place your account on hold. Putting an account on hold renders your account and the Products unusable. To reinstate your account, we may charge you: (i) a returned check fee in the amount of $50; (ii) interest in the amount of 2.0% per month, or the maximum amount allowed by law; (iii) collection charges; (iv) any fees levied on us by our financial institution; and/or (v) a reinstatement fee of $50. During the period in which your account is delinquent, we reserve the right to terminate this TOS and the Products. If you purchase a domain name from, or through us, if allowed by the registry authority, we may take possession of the domain name during the period your account is suspended. You have 30 days to resolve any billing disputes at which point the Product (including domain names) will be terminated or transferred to our name. In the case of a billing dispute involving a domain name, restoring the domain name to you will be our sole and exclusive obligation to you and your sole and exclusive remedy. If you present a dispute to your credit card issuer alleging that you are not obligated to pay for a Product, and we prevail in that dispute, you will be charged a $50 investigation fee.
7.4 You may choose to purchase certain products that are provided by other parties through Misk.com (Third Party Products). Fees for the Third Party Products may not appear on Misk’s invoices in the month on which they are delivered. You agree to pay for these Third Party Products regardless of the length of time elapsed between their delivery date, and the date on which you are charged.
8. Email Services, SPAM Filtering and Virus Scanning
8.1 We may use software and other techniques to protect our company from viruses, SPAM and other items that we, in our sole and exclusive judgment, believe may harm our business. However we are not responsible for any harm caused to you by these devices.
8.2 We are not responsible for the failure to process email that we have labeled as SPAM or as otherwise harmful to our network. We are also not responsible for delivery failures caused by the operation of a third party recipient’s SPAM filtering software. It is your responsibility to review your “spam” folder from time-to-time. Email labeled as SPAM will only be available to you for a short period of time.
8.3 Email accounts are not designed to function as permanent storage. We assume no responsibility for email files that are damaged or inadvertently deleted.
9. Network Security
In some cases, it may be necessary for us to restrict your access to the Products, or temporarilydisable the Products altogether to protect our network and service to other customers. Actions we take to protect our network shall be considered Force Majeure events to the extent they impact your ability to use the Products.
10. Account Security
10.1 We make tools available to you that are designed to make your use of the Internet more secure. These tools are provided on an AS-IS basis and are used at your own risk. You are encouraged to evaluate other methods of making your Internet transactions more secure.
10.2 When your Products are set up, you will receive a username, password and other information related to your account. It is very important that you protect this information from unauthorized disclosure. It is your obligation to notify us if you have lost any of this information, or you believe there is unauthorized use of the Products. We can not be responsible for any damages, extra charges or any other harm that occurs as a result of lost, stolen, or misplaced information of this sort.
10.3 The Internet is no more or less secure than any other method of communication. You are solely responsible for ensuring that your data is secure, that confidential information remains confidential, and that you do not expose your business to risks you are not prepared to assume. We reserve the right to take immediate action to suspend or terminate your account if, in our sole and exclusive discretion, you or an End User are engaging in activities that jeopardize our security, the security of other customers, or of the Internet in general. You may not be provided with advance notice that we are taking such action.
11. Licenses and Intellectual Property
11.1 Misk.com grants to you a non-exclusive, non-transferable, worldwide, royalty free license to use technology provided by Misk solely to access and use the Products. This license terminates on the expiration or termination of this TOS. Except for the license rights set out above, this license does not grant any additional rights to you. All right, title and interest in Misk’s technology shall remain with Misk.com or Misk’s licensors. You are not permitted to circumvent any devices designed to protect Misk’s, or its licensor’s, ownership interests in the technology provided to you. In addition, you may not reverse engineer this technology.
11.2 Information you provide to us, and our responses, related to technical support, implementation, operation or administration of the Products is not confidential. We may use this information, as well as aggregate information gleaned from the operation of our business in general, to improve, or create new products. We shall be the exclusive owners of this intellectual property. You waive any rights you may in this intellectual property, and assign all right, title and interest in it to us.
11.3 You grant Misk, and any third parties used by Misk.com to provide the Products, a non-exclusive, non-transferable, worldwide, royalty free license to use, disseminate, transmit and cache content, technology and information provided by you and, if applicable, End Users, in conjunction with the Products. This license terminates on the expiration or termination of this TOS. All right, title and interest in your technology shall remain with you or your licensors.
12. Your Representations and Warranty
You represent and warrant to Misk.com that: (i) you have the experience and knowledge necessary to use the Products; (ii) you understand and appreciate the risks inherent to you, your business and your person, that come from accessing the Internet; (iii) you will provide us with material that may be implemented by us to provide the Products without extra effort on our part; (iv) you have sufficient knowledge about administering, designing and operating the functions facilitated by the Products to take advantage of the Products; and/or (v) that you own outright, or have a license to use, all items necessary for us to make the Products available to you, including, but not limited to, your domain name, if applicable.
13.1 ALL PRODUCTS ARE PROVIDED ON AN AS-IS AND AS-AVAILABLE BASIS. OTHER THAN AS EXPRESSLY SET OUT HEREIN, Misk.com HAS NOT, AND DOES NOT, MAKE ANY WARRANTIES WHETHER EXPRESS OR IMPLIED. THIS DISCLAIMER INCLUDES, BUT IS NOT LIMITED TO, WARRANTIES OF NON-INFRINGEMENT, FITNESS FOR A PARTICULAR PURPOSE, FRAUD, MERCHANTABILITY, AND/OR TITLE. Misk.com DOES NOT WARRANT THAT THE PRODUCTS WILL BE UNINTERRUPTED, ERROR OR FAILURE FREE, SECURE OR FREE FROM VIRUSES OR OTHER HARMFUL COMPONENTS. Misk.com IS NOT LIABLE, AND EXPRESSLY DISCLAIMS ANY LIABILITY, FOR THE CONTENT OF ANY DATA TRANSFERRED EITHER TO, OR FROM, YOU OR STORED BY YOU OR END USERS VIA THE PRODUCTS PROVIDED BY MISK. MISK SPECIFICALLY DISCLAIMS ANY AND ALL WARRANTIES REGARDING PRODUCTS PROVIDED BY THIRD PARTIES, REGARDLESS OF WHETHER THOSE PRODUCTS APPEAR TO BE PROVIDED BY MISK. Misk.com ALSO SPECIFICALLY DISCLAIMS ANY RESPONSIBILITY FOR THE FAILURE OF THIRD PARTIES TO ACTUALLY REGISTER OR PROPAGATE DOMAIN NAMES, EITHER IN WHOLE, OR ON A TIMELY BASIS. NO WARRANTIES MADE BY THESE THIRD PARTY ENTITIES TO Misk.com SHALL BE PASSED THROUGH TO YOU, NOR SHALL YOU CLAIM TO BE A THIRD PARTY BENEFICIARY OF SUCH WARRANTIES.
13.2 THIS WARRANTY DISCLAIMER EXTENDS TO ANY ORAL OR WRITTEN INFORMATION YOU MAY HAVE RECEIVED FROM MISK, ITS EMPLOYEES, THIRD-PARTY VENDORS, AGENTS OR AFFILIATES. YOU MAY NOT RELY ON SUCH INFORMATION.
13.3 SOME STATES DO NOT ALLOW Misk.com TO EXCLUDE CERTAIN WARRANTIES. IF THIS APPLIES TO YOU, YOUR WARRANTY IS LIMITED TO 90 DAYS FROM THE EFFECTIVE DATE.
14. Limitation of Liability
14.1 The Internet is essentially unregulated. No tool, software, device or procedure is totally effective in eliminating risks inherent in connecting to the Internet. It is your responsibility to weigh the risks to your business that are created when you connect to the Internet. Misk.com does not control your content, nor the content accessed by you, or End Users, through, or via, Misk. It is your obligation to ensure the accuracy, integrity, title or ownership, and security of anything you receive from the Internet. You agree that Misk.com has no liability, of any sort, for content you or End Users access from the Internet.
14.2 Misk.com provides no guarantee that the Products will be uninterrupted, or continuous, that you will be able to access the Products at a particular time, that any data transmitted by Misk.com is accurate, error free, virus free, secure, or inoffensive. You acknowledge that it is your responsibility to keep back-up copies of your data. Misk.com is not responsible for any loss of data, for any reason. Misk.com is not liable for unauthorized access to, or any corruption, erasure, theft, destruction, alteration or inadvertent disclosure of, data, information or content, transmitted, received, or stored on its system.
14.3 It is your responsibility to determine that the Products and any equipment provided by us, or third party vendors, is compatible with your equipment. You are strongly advised to back-up your computer prior to installing any equipment or using the Products. We are not responsible for any damages you sustain that occur because of incompatible, improperly configured equipment or that otherwise causes harm to you.
14.4 IN NO EVENT WILL MISK’S LIABILITY HEREUNDER EXCEED THE AGGREGATE FEES ACTUALLY RECEIVED BY Misk.com FROM YOU FOR THE 12 MONTH PERIOD IMMEDIATELY PRECEDING THE EVENT GIVING RISE TO SUCH LIABILITY. FOR THE PURPOSES OF THIS PARAGRAPH ONLY, THE TERM Misk.com SHALL BE INTERPRETED TO INCLUDE MISK’S EMPLOYEE’S, AGENTS, OWNERS, DIRECTORS, OFFICERS, AFFILIATES, AND THIRD PARTIES PROVIDING PRODUCTS TO YOU THROUGH MISK.
14.5 YOU AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, YOU WILL NOT UNDER ANY CIRCUMSTANCES INCLUDING, BUT NOT LIMITED TO, NEGLIGENCE, HOLD Misk.com OR ITS LICENSORS, AGENTS, EMPLOYEES, OFFICERS AND/OR THIRD PARTY VENDORS, LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOSS OF PROFITS, COST SAVINGS, REVENUE, BUSINESS, DATA OR USE, OR ANY OTHER PECUNIARY LOSS BY YOU, ANY OF YOUR END USERS OR ANY OTHER THIRD PARTY. YOU AGREE THAT THE FOREGOING LIMITATIONS APPLY WHETHER IN AN ACTION IN CONTRACT OR TORT OR ANY OTHER LEGAL THEORY AND APPLY EVEN IF Misk.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME JURISDICTIONS DO NOT ALLOW THE LIMITATION OR EXCLUSION OF LIABILITY FOR INCIDENTAL OR CONSEQUENTIAL DAMAGES; YOU AGREE THAT IN THOSE JURISDICTIONS MISK’S LIABILITY WILL BE LIMITED TO THE EXTENT PERMITTED BY LAW.
15.1 You agree to indemnify, defend and hold harmless Misk.com and its parent, subsidiary and affiliated companies, third party service providers and each of their respective officers, directors, employees, shareholders and agents (each an "indemnified party" and, collectively, "indemnified parties") from and against any and all claims, damages, losses, liabilities, suits, actions, demands, proceedings (whether legal or administrative), and expenses (including, but not limited to, reasonable attorney's fees) threatened, asserted, or filed by a third party against any of the indemnified parties arising out of or relating to: (i) your use of the Products; (ii) any violation by you of any of Misk’s policies; (iii) any breach of any of your representations, warranties or covenants contained in the Agreements; and/or (iv) any acts or omissions by you. The terms of this paragraph shall survive any termination of the Agreements. For the purpose of this paragraph only, the terms used to designate you include you, End Users, visitors to your website, and users of your products or the Products, the use of which is facilitated by us.
15.2 Misk.com may, at its option, indemnify and hold you harmless from, and at its own expense agrees to defend, or at its option to settle, any claim, suit or proceeding brought or threatened against you so far as it is based on a claim that a Product actually provided by Misk.com hereunder infringes any U.S. patent or trademark. This indemnification provision is expressly limited to Products which are fully owned by Misk. It does not extend to Products provided by third parties directly or through us. If allowed in its agreements with third parties, Misk.com shall flow down similar intellectual property indemnification provisions to you. This paragraph will be conditioned on you notifying Misk.com promptly in writing of the claim and giving Misk full authority, information, and assistance for the defense and settlement thereof. You shall have the right to participate in the defense of the claim at your expense. If such claim has occurred, or in Misk’s opinion is likely to occur, you agree to permit Misk, at its option and expense, either to: (i) procure for you the right to continue using the Product; (ii) replace with a Product, regardless of manufacturer, performing the same or similar function as the infringing Product, or modify the same so that it becomes non-infringing; or (iii) if neither of the foregoing alternatives is reasonably available, immediately terminate Misk’s obligations (and your rights) under this Agreement with regard to such Product and/or refund the Fee actually received by Misk.com from you for the 12 month period immediately preceding the occurrence of the event on which the indemnification claim is based. This obligation to indemnify you shall be our only obligation, and your only remedy, should there be an allegation that a Product infringes a U.S. patent or trademark.
16.1 Notices will be sent to you at the address you provide to us. It is your obligation to ensure that we have the most current address for you.
Notices regarding this TOS and other Misk.com policies should be directed to:
Attn: General Counsel
228 Park Ave S #33544
New York, NY 10003
17. Force Majure
Except for the obligation to pay monies due and owing, neither party shall be liable for any delay or failure in performance due to events outside the defaulting party’s reasonable control, including without limitation acts of God, third party vendors, cable cuts or other interruptions in telecommunications services, suppliers or agents, earthquake, labor disputes, shortages of supplies, riots, war, fire, epidemics, or delays of common carriers or other circumstances beyond its reasonable control. The obligations and rights of the excused party shall be extended on a day to day basis for the time period equal to the period of the excusable delay. The party affected by such an occurrence shall notify the other party as soon as possible, but in no event more than ten days from the beginning of the event.
18. Choice of Law, Jurisdiction and Venue
This Agreement is made under and shall be construed according to the laws of the State of New York. U.S. and State courts situated in the U.S. District Court for the Southern District of New York (Court) shall have exclusive jurisdiction over any dispute involving this Agreement. The parties agree that all claims shall be brought before the Court and venue shall be solely vested in the U.S. District Court for the Southern District of New York, located in White Plains, New York. The parties specifically disclaim the UN Convention on Contracts for the International Sale of Goods.
19. No Waiver
No waiver of rights under this TOS shall constitute a subsequent waiver of this or any other right under this TOS.
This TOS and applicable Agreements may be assigned by Misk. It may not be assigned by you. The TOS and applicable Agreements shall bind and inure to the benefit of the corporate successors and permitted assigns of the parties.
In the event that any of the terms of this TOS become or are declared to be illegal or otherwise unenforceable by any court of competent jurisdiction, such term(s) shall be null and void and shall be deemed deleted from this TOS. All remaining terms of this TOS shall remain in full force and effect.
23. No Modification
This TOS is the entire agreement between us. We may revise, amend, or modify this TOS at any time. The Agreements may not be amended or modified by you except by a written document signed by both you and our authorized representative. This provision does not apply to changes mandated by the Internet Corporation for Assigned Names and Numbers (ICANN) or any domain name registrar. You may not terminate this TOS or any Agreement for any reason based on such a change.
24. No Agency
This TOS does not create any agency, partnership, joint venture, or franchise relationship. Neither party has the right or authority to, and shall not, assume or create any obligation of any nature whatsoever on behalf of the other party or bind the other party in any respect whatsoever. We may subcontract any of our obligations under the TOS without notice or your consent.
The following paragraphs shall survive the termination or expiration of this TOS: Section A: 13, 14, 15, 16, 18, 22, 25; Section B: 7.8; Section C: those paragraphs which must survive as set out in our agreement with the domain name registrar.
1. Domain Name Registrations
1.1 This section of our TOS applies to you if you purchase domain names from, or through, us. It is important to note that there are particular provisions that may apply to your domain extension that are set out in Section C. Please read Section C carefully. Unless another dispute resolution policy is set out in Section C, by purchasing a domain name from us, you agree to the ICANN domain name dispute policy, which may be found here:
1.2 Misk.com is an accredited domain name registrar with the Internet Corporation for Assigned Names and Numbers (ICANN) under an agreement between Misk.com and ICANN (ICANN Agreement). Misk.com is also an accredited domain name registrar with other registries. Each of their policies are incorporated throughout our Agreements. You acknowledge that Misk.com may modify these Agreements if necessary to comply with the ICANN Agreement, or our agreements with any other registry, or as otherwise provided herein. Such a modification shall not be a material breach of this TOS, nor shall you be entitled to terminate this TOS, or any Agreements, based on such a change.
1.3 Misk.com is also a registration service provider for Tucows, Inc. (Tucows, http://www.tucows.com ). Some of our domain name registrations will be processed through Tucows. Applications processed through Tucows are also bound by the terms of Tucows' Registration Agreement, available at http://resellers.tucows.com/contracts/tld/exhibita.
1.4 Your registration of a Domain 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 us or the Registry Operator in registering the Domain Name or (2) for the
resolution of disputes concerning the Domain Name.
2. Pending Applications
When you provide information to us to register a domain name, the domain name is not immediately registered. You have presented us with an application to register a domain name (Registration Application). This Registration Application must be processed by us before it can be submitted for registration. There are a number of cases in which your Registration Application may be denied, or the domain name fail to be registered. Examples of these include, but are not limited to: your failure to meet our credit or fraud standards; your failure to meet the domain registry, or the third party we use to register your domain name’s, standards; or registration of the domain name by another person during the period of time in which we are processing the Registration Application; and/or your failure to pay the Fees. We are not responsible to you in any way, for a failure to register a domain name.
3. Domain Transfers
For the first sixty days following your initial registration, renewal, or transfer, of a domain name with us, you agree that you may not transfer it to another domain name registrar. After that time, you may transfer your domain name, pursuant to our domain name transfer policy, available here: http://www.icann.org/transfers/policy-12jul04.htm , or in the applicable provision of Section C.
4. Domain Hold
In certain circumstances we may be required to put your domain on hold. We may put your domain on hold, and suspend resolution of your domain name to a website: if we are required to do so; it violates our AUP; or if based on our reasonable judgment, such a suspension is necessary. We may suspend your domain name even if we do not provide any dns, hosting, or e-mail services to you, but are only your domain registrar.
5. Information you provide to us
5.1 In your Registration Application, you must provide the following:
5.1.1 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the registrant (owner) of the domain name; and
5.1.2 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the domain name (administrative contact).
5.1.3 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain name.
5.1.4 The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the billing contact for the domain name.
5.1.5 The names of the primary name server and secondary name server(s) for the domain name;
5.1.6 Any other information that may be required from specific registries.
5.2 You are required to provide us with accurate Registration Information, and update the Registration Information when it becomes inaccurate. We may ask you from time-to-time to verify the accuracy of the Registration Information. You are required to respond to our request within 15 calendar days. Your failure to respond, or provide us with accurate or updated Registration Information, is a material breach of this TOS. This material breach is a basis for the cancellation of your domain name. If your domain name is cancelled, you may lose any registration rights you previously held.
5.3 You are required to provide us with your own full contact information, and for providing and updating accurate technical and administrative contact information, to allow us and others to resolve any problems that arise in connection with the domain name. You are liable for any harm caused by the wrongful use of the domain name, even if you have licensed its use to another party.
5.4 You agree that a domain name you register through us may be suspended, cancelled or transferred if required by ICANN, us, a court, or the third party we use to register your domain name, if necessary to correct a mistake or as applicable during or following the resolution of a dispute regarding the domain name.
5.5 The person, or entity, listed as the owner (as set out in paragraph 3.1.1 above) in our records will be considered by us as having full right, title and authority in the Domain Name.
6. How we will use the Registration Information
7.1 You agree to be bound by our domain name dispute policy. In addition, should a dispute arise concerning or arising from the use of a domain name you have registered through us, you agree to submit to the jurisdictions of the courts where you are domiciled, and where the registrar is located. The registrar is located in Fishkill, New York. You agree that this consent to jurisdiction is without prejudice to other potentially applicable jurisdictions.
7.2 For Products provided pursuant to Sections B and C, and unless otherwise provided in Section C below, you agree to submit to the jurisdictions of the courts where you are domiciled, and where we are located. We are located in Fishkill, New York. You agree that this consent to jurisdiction is without prejudice to other potentially applicable jurisdictions.
8. Representations, Warranties and Indemnification
8.1 In addition to, and not in lieu of, all other representations and warranties set out in this TOS, and the Agreements, you represent, to the best of your knowledge and belief that neither the registration of the domain name, nor the manner in which it is used, infringes the legal rights of any third party. You agree to indemnify us for any claims made against us based on this representation. We reserve the right to deny, lock, suspend, cancel or transfer any domain name that you attempt to register, or have already registered, in our sole and exclusive discretion, if we believe that doing so will protect the domain name registry, to comply with any applicable laws or regulations, or to avoid liability to Misk. We may freeze domain names during a dispute brought pursuant to the UDRP or the relevant domain name dispute provision set out in Section C.
8.2 You agree to hold us, any third party registry used by us, and all of our directors, officers, employees and agents harmless from and against any and all claims, damages, liabilities, costs and expenses (which includes, but is not limited to reasonable legal fees and expenses) which arise out of or are related to the domain name registration.
You are bound by the policies and registration agreements set out below that are applicable to the top level domain you purchase from us.
1. .com and .net
1.1 You agree to be bound by the ICANN Uniform Dispute Resolution Policy. The policy is located here: http://www.icann.org/dndr/udrp/policy.htm. In addition, should a dispute arise concerning or arising from the use of the domain name, you agree to submit to the jurisdictions of the courts where you are domiciled, and where we are located. We are located in Fishkill, New York. You agree that this consent to jurisdiction is without prejudice to other potentially applicable jurisdictions.
1.2 You agree to be bound by the domain name transfer agreement located here: http://www.icann.org/transfers/policy-12jul04.htm.
1.3 You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration.
You agree to indemnify, defend and hold harmless Public Interest Registry and its subcontractors, shareholders, directors, officers, employees, agents and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to your domain name registration. This indemnification requirement shall survive the termination or expiration of this TOS.
3.1 You agree to be bound by the ICANN Uniform Dispute Resolution Policy. The policy is located here: http://www.icann.org/dndr/udrp/policy.htm
3.2 You agree to be bound by the domain name transfer agreement located here: http://www.icann.org/transfers/policy-12jul04.htm.
3.3 You agree to indemnify, defend and hold harmless Afilias Limited, 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 your domain name registration. This indemnification obligation shall survive the termination or expiration of this TOS.
4.1 Registrations in the .biz top level domain must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz registration restrictions, "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
4.1.1 To exchange goods, services, or property of any kind;
4.1.2 In the ordinary course of trade or business; or
4.1.3 To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.
4.2 “Bona fide business or commercial use” excludes registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation.
4.3 When you submit a Registration Application, you certify, to the best of your knowledge:
4.3.1 The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purpose of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation;
4.3.2 That you have the authority to enter into this TOS; and
4.3.3 The registered domain name is reasonably related to your business or intended commercial purpose at the time you submit the Registration Application.
4.4 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:
4.4.1 You agree to be bound by the ICANN Uniform Dispute Resolution Policy (UDRP). The UDRP is located here: http://www.icann.org/dndr/udrp/policy.htm
4.4.2 The Restrictions Dispute Resolution Criteria and Rules (RDRP). The RDRP is located here: http://www.icann.org/tlds/agreements/biz/registry-agmt-appm-27apr01.htm
4.4.3 The UDRP sets forth the terms and conditions in connection with a dispute between you and any party other than Neulevel, Inc (the “Registry Operator”) or us over the registration and use of an Internet domain name registered by you.
4.4.4 The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the restrictions set out in the RDRP will be enforced directly by or through the Registry Operator. The Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
4.5 You agree to indemnify, defend and hold harmless the 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 your domain name registration. This indemnification
obligation shall survive the termination or expiration of this TOS.
5.1 In addition to any other warranties and representations you make to us, you acknowledge that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to us shall constitute a material breach of this TOS and be a basis for cancellation of your domain name. You further agree that you will not receive a refund of any fees paid to us for violations of this TOS specifically applicable to the .us tld. Included within this “no refund” policy, is your refusal to verify the data you’ve provided to us in your Registration Agreement or that is required for us to display in a “who-is” field.
5.2 If we have agreed to allow you to resell .us tlds, you agree that you remain responsible for the actions of your customers and for the data they provide you. You further agree that you have disclosed to your customers in writing how the data they supply to you will be disclosed, and that such a use is consistent with the data use policy set out in this TOS and this subsection.
5.3 You represent, to the best of your knowledge and belief, that neither the registration of the Domain Name, nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
5.4 You agree to indemnify and hold harmless NeuStar, Inc., the U.S. Department of Commerce, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of, or relating to, your (i) domain name registration and (ii) use of the domain name. This indemnification obligation shall survive the termination or expiration of this TOS.
5.5 You represent and warrant that you meet the following criteria (Nexus Requirements):
5.5.1. You are a natural person (i) who is a United States citizen, (ii) a permanent resident of the Unites States of America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions; or
5.5.2. You are an entity or organization that is (i) incorporated within one of the fifty U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories; or
5.5.3. You are an entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories. A “bona fide presence” means that you have real and substantial lawful contacts with, or lawful activities in, the United States of America.
5.6 Your compliance with the Nexus Requirements will be verified. You are required to respond to all requests for verification of the Nexus Requirements, and agree that your failure to do so shall be a material breach of this TOS. The methods that you may use to verify the Nexus Requirements are set out in Exhibit E of the document set out on this website: http://www.neustar.us/registrars/accreditation/usTLD_AdministratorRegistrar_Agreement.pdf
5.7 You agree to comply with the United States Dispute Resolution Policy (usDRP) located here: http://www.neustar.us/policies/docs/usdrp.pdf.
5.8 You agree to comply with the Nexus Dispute Policy (NDP) located here: http://www.neustar.us/policies/docs/nexus_dispute_policy.pdf.
6.1 We agree to act as a “registration agent” for you to register your .uk domain name. We have an agreement with you, this TOS, to act as your registration agent. We also have a contract with “Nominet UK” that allows us to act as your registration agent. You also have a contract with Nominet UK that is independent of this TOS. We are not a party to that contract. By presenting us with a Registration Application for a .uk domain name, you represent and warrant that you have reviewed the contract of registration set out here: http://www.nominet.org.uk/registrants/legal/terms/ (“Contract of Registration”). The Contract of Registration references a number of other agreements and laws that bind you. These agreements may be found on the nominet.org web site. You represent and warrant to us that you have read these agreements.
6.2 By presenting us with a Registration Application for a .uk domain name, you agree to give us all necessary authority to act on your behalf in connection with the administration of the domain name registration for the duration of the registration, and that we have all necessary authority to make changes to the “Register Database Entry” (as that term is defined by Nominet) relating to your domain name.
6.3 If we have agreed to allow you to resell .uk tlds, you agree that you will include in your agreement with your customer terms and conditions no less restrictive than those set out in our TOS and this subsection. In addition, you agree to include provisions no less restrictive, or descriptive, as those set out in this sub-section.
6.4 You have read and understand Nominet may use and disclose the data you submit with your Registration Application – this includes disclosing your data as part of a “who-is” look up database.
7.1 You represent and warrant that you meet one of the following criteria:
7.1.1 you are a business (or “undertaking”) having your registered office, central administration or principal place of business within the European Community;
7.1.2 you are an organization established within the European Community without prejudice to the application of national law; or
7.1.3 a natural person resident within the European Community.
7.2 The European Registry of Internet Domain Names (EURID) acts as the registry for .eu domain names. You agree that you will obey, comply with, and be bound by, any and all applicable laws, regulations and administrative policies promulgated by the EURID, now or in the future and which are posted on the EURID website. The current terms and conditions applicable to your Registration Application, and the .eu registration in particular, are here: http://www.eurid.eu/en/genera/launch . The EURID domain name dispute policy is found here: http://www.adreu.eurid.eu/
7.3 In addition to the jurisdiction provisions set out in Section A, you also agree to be subject to the jurisdiction of the Courts of the United Kingdom of Great Britain and Northern Ireland.
8.1 We agree to act as a “registration agent” for you to register your .ca domain name. We have an agreement with you, this TOS, to act as your registration agent (Registrar Agreement). We also have a contract with the “Canadian Internet Registration Authority” (CIRA) that allows us to act as your registration agent. You also have a contract with CIRA that is independent of this TOS. We are not a party to that contract. By presenting us with a Registration Application for a .ca domain name, you represent and warrant that you have reviewed the “registrant agreement” set out here: http://www.cira.ca/en/cat_Registrar.html (Contract of Registration). The Contract of Registration references a number of other agreements and laws that bind you. These agreements may be found on the page set out above web site. You represent and warrant to us that you have read these agreements.
8.2 You agree that you meet the “Canadian Presence Requirements.” These requirements are set out in a document available here: http://www.cira.ca/en/cat_Registrar.html
8.3 The Registrar Agreement requires us to include specific clauses in our TOS as they are set out in the Registrar Agreement. These clauses are set out below. Capitalized words shall have the meaning attributed to them in the Registrar Agreement:
8.3.1 CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to us or to you for such further period of time as CIRA may determine, in its sole discretion;
8.3.2 You acknowledge and agree that CIRA shall not be liable to you for any loss, damage, or expense arising out of CIRA’s failure or refusal to register a Domain Name, CIRA’s failure or refusal to renew a Domain Name Registration, CIRA’s registration of a Domain Name, CIRA’s failure or refusal to renew a Domain Name Registration, CIRA’s renewal of a Domain Name Registration, CIRA’s failure or refusal to transfer a Domain Name Registration, CIRA’s transfer of a Domain Name Registration, CIRA’s failure or refusal to maintain or modify a Domain Name Registration, CIRA’s maintenance of a Domain Name Registration, CIRA’s modification of a Domain Name Registration, CIRA’s failure to cancel a Domain Name Registration or CIRA’s cancellation of a Domain Name Registration from the Registry;
8.3.3. In no event shall you pursue any Claim against CIRA and in no event shall CIRA be liable for any direct, indirect, special, punitive, exemplary or consequential damages including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third party damages or arising from any breach by us of our obligations under any agreement between Misk.com and you or the Registrar Agreement between CIRA and Misk;
8.3.4. Registration of your selected Domain Name in its first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA’s Registrant Agreement;
8.3.5. We shall immediately give notice to you in the event that we are no longer a CIRA Certified Registrar, have had our certification as a CIRA Certified Registrar suspended or terminated, or the Registrar Agreement between CIRA and us is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to the registrants thereof;
8.3.6. In the event that we are no longer a CIRA Certified Registrar, have had our certification as a CIRA Certified Registrar suspended or terminated or in the event the Registrar Agreement between CIRA and Misk.com is terminated or expires, you shall be responsible for changing your Registrar of Record to a new CIRA Certified Registrar within thirty (30) days of the earlier of notice thereof being given to you by (i) us or (ii) CIRA in accordance with CIRA’s then current Registry PRP; provided, however, that if any of the your Domain Name Registration(s) are scheduled to expire within thirty (30) days of the giving of such notice, then you shall have thirty (30) days from the anniversary date of the registration(s), to register with a new CIRA certified registrar and to renew such Domain Name Registration(s) in accordance with the Registry PRP;
8.3.7. You acknowledge and agree that, should there be insufficient funds prepaid by us in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in its sole discretion stop accepting applications for Domain Name Registrations from us, stop effecting registrations of Domain Names and transfers, renewals, modifications, and cancellations of Domain Name Registrations requested by us, and stop performing other billable transactions requested by us not paid in full and CIRA may terminate the Registrar Agreement between CIRA and us;
8.3.8. You shall not, directly or indirectly, through registration or use of your Domain Name or otherwise:
(i) violate or contribute to the violation of the intellectual property rights or other rights of any other Person;
(ii) defame or contribute to the defamation of any other Person; or
(iii) unlawfully discriminate or contribute to the unlawful discrimination of any other Person;
8.3.9. You agree that CIRA shall not be responsible for the use of any Domain Name in the Registry ,and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute with or any actual or threatened Claim against Misk.com or you, including one relating to a registered or unregistered trade-mark, a corporate, business, or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other Person;
8.3.10 CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and us, and any or all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any such amendment will be binding and effective on us thirty (30) days after CIRA gives notice of such amendment by email to us. Misk.com and Customer each agree to promptly amend this TOS to reflect any amendments to Section 4.2 of the Registrar Agreement between CIRA and Misk;
8.3.11 You acknowledge and agree that registration of a Domain Name does not create any proprietary right for you, us, or any other Person in the name used as a Domain Name or the Domain Name Registration and that the entry of a Domain Name in the Registry or in the WHOIS shall not be construed as evidence or ownership of the Domain Name registered as a Domain Name. You shall not in any way transfer or purport to transfer a proprietary right in any Domain Name Registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a Domain Name Registration;
8.3.12 You further acknowledge and agree that we may make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided you have granted us the authority to do so and have not revoked said authority. If you have two or more Registrars, only one of the Registrars may be granted said authority. You may at any time revoke said authority or provide said authority to another of your Registrars;
8.3.13 You acknowledge and agree that the we may, in accordance with the applicable Registry PRP, cancel your Domain Name Registrations within seven (7) days of Activation and cancel the renewal of your Domain Name Registration provided that the renewal term has not yet commenced; and
8.3.14 You acknowledge and agree that, provided we comply with the Registry PRP which deals with “Charge-Backs” and we are not in default under its Registrar Agreement, we may, without the your consent, request a refund of certain Registration Fees and request CIRA to cancel your Domain Name Registration that is subject to the request.