Domain Registration Agreement
This Agreement describes additional terms and conditions that, together with the AT&T Web Hosting Terms and Conditions agreed to by Customer, will govern Customer’s purchase and use of Domain Name Registration (“DNR”) services when ordered by Customer from AT&T. In this Agreement, the terms You, Your and similar terms shall refer to you as Customer.
You have requested domain name services from AT&T Internet Services ("AT&T"1). AT&T has selected two third party accredited registrars, Melbourne IT Limited ("MelbIT") and Tucows (“Tucows”) (collectively, “Third Party Registrars”), as providers of domain name registrar services for AT&T Web Hosting Service Customers. The charges for the services provided under this Registration Agreement ("Agreement") are the fees payable by You to AT&T under your agreement with AT&T ("Hosting Fees") and as set forth in the AT&T Web Hosting Terms and Conditions (http://webhosting.att.com/Terms-Conditions.aspx) and other agreement terms agreed to during ordering.
If You have already registered Your domain name with another registrar and are currently requesting only Internet hosting services from AT&T, this Agreement will apply only to future requests from You to AT&T for future domain name registrations. You agree to be bound by this Agreement for any future .com, .net, .org, .info, or .biz or other domain names that You may register through the Third-Party Registrars. Any domain names You currently hold that are registered with another registrar are governed by Your agreement with that registrar.
You agree that this is an Agreement between You, AT&T and the Third Party Registrar (either MelbIT or Tucows as may be applicable). You agree that AT&T has the sole discretion as to which Third Party Registrar (MelbIT or Tucows) is selected to provide You with Domain Name Registration. You agree that AT&T may modify this agreement to change which Third Party Registrars will be used (including the addition or new Third Party Registrars or the elimination of a current Third Party Registrar). Hereafter, when the Agreement refers to a Third Party Registrar, You should understand that it refers to the specific registrar (currently MelbIT or Tucows) selected by AT&T at the time of Your order. The Agreement sets forth the terms and conditions of Your use of the domain name registration services of the Third Party Registrar to register an Internet domain name, as well as Your registration and use of that domain name. To complete the registration process, You must acknowledge that You have read, understood, and agree to be bound by all terms and conditions of Your agreement with AT&T, the AT&T Web Hosting General Terms and Conditions, this Agreement, the applicable Domain Name Dispute Policy and any rules or policies relating to domain name and related Internet services that are or may become effective as published by the Third Party Registrar or AT&T.
In addition to the terms conditions in this Agreement, You agree that you are bound by the applicable Third-Party Registrar’s Terms and Conditions selected by AT&T. Links to the Third-Party Registrar Terms and Conditions are below. You may ascertain which Third-Party Registrar’s Terms apply to them by searching for their domain on www.whois.net after purchase. The Third-Party Registrars’ Terms and Conditions of Service: MelbIT: www.melbourneit.com.au/policies/gtldtermcond.php3 and Tucows: www.opensrs.com/docs/contracts/exhibita.htm.
The Third Party Registrars are accredited registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com, .net, and .org Top Level Domains ("TLD"). ICANN oversees the .com, .net and .org TLDs. You agree that the Third Party Registrar may modify this Agreement as necessary to comply with its agreement with ICANN. No domain name registrations that You seek to register for .com, .net and .org will be effective until (a) AT&T has delivered the domain name registration information You provide to AT&T to the registry administrator for the .com, .net or .org TLDs, as applicable, (b) AT&T has accepted Your registration following Your payment of the Hosting Fees, and (c) the registry administrator puts into effect Your domain name registration. The Third Party Registrar may elect to accept or reject Your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name.
You agree and acknowledge that neither the Third Party Registrar nor AT&T is liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to Your application and receipt of, or failure to receive, a domain name registration.
Selection of a Domain Name
AT&T does not check to see whether the domain name You select, or the use You make of the domain name, infringes legal rights of others. We urge You to investigate to see whether the domain name You select or its use infringes legal rights of others, and in particular AT&T suggests You seek advice of competent counsel. You may wish to consider seeking one or more trademark registrations in connection with Your domain name. You should be aware that there is the possibility AT&T might be ordered by a court to cancel, modify, or transfer Your domain name. You represent and warrant to AT&T and the Third Party Registrar that (i) 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; (ii) all information provided in connection with any domain name registration is and shall remain accurate; and (iii) that Your registration and use of domain names will at all times be consistent with all applicable laws. You should be aware that if AT&T is sued or threatened with a lawsuit in connection with Your domain name, AT&T may turn to You to hold AT&T (and each of its affiliates, employees, agents, and subcontractors) harmless and indemnify AT&T, pursuant to the indemnification provision below.
Information You Are Required to Submit
A. Required Information. As part of the registration process, You are required to provide certain information and to update promptly this information as needed to keep it current, complete and accurate. The information You are obligated to provide in connection with the domain name You are registering is set out in the Application Form and includes the following: · Your full name, postal address, e-mail address, voice telephone number and fax number, if available; · The domain name being registered; · The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact and billing contact for the domain name; · Any other data required as a result of further development of the registry system or the Registry.
B. Information at Renewal. You agree and acknowledge that when You renew Your domain name registration, the type of information You are required to provide may have changed. If You do not wish to provide the new required information, Your registration cannot be renewed.
C. Additional Information Maintained About Your Registration. In addition to the information You provide, AT&T maintains records relating to Your domain name registration. These records may include: · The original creation date of the registration; · The submission date and time of the registration application to AT&T and by AT&T to the proper registry; · Communications (electronic or paper form) constituting registration order, modifications or terminations and related correspondence between You and AT&T; · Records of accounts for Your domain name registration, including dates and amounts of all payments and refunds; · The IP addresses of the primary nameserver and any secondary nameservers for the domain name; · The corresponding names of those nameservers; · The name, postal address, e-mail address, voice telephone number, and where available, fax numbers of the technical contact for the domain name; · The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name; · The expiration date of the registration; · Information regarding all other activity between You and the Third Party Registrar regarding Your domain name registration and related services.
D. Obligations Relating to Provided Data. In the event that, in registering the domain name, You are providing information about a third party, You hereby represent that You have (1) provided notice to that third party of the disclosure and use of the party´s information as set forth in this Agreement, and (2) that You have obtained that third party´s express consent to the disclosure and use of that party´s information as set forth in this Agreement.
E. Inaccurate Information. You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether You have violated the trademark rights of another party.) You further agree that Your failure to respond for over fifteen (15) calendar days to inquiries by the Third Party Registrar concerning the accuracy of contact details associated with Your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Your domain name registration.
F. Disclosure and Use of Registration Information. You agree and acknowledge that the Third Party Registrar will make available domain name registration information You provide, or that AT&T otherwise maintains, to AT&T, to ICANN, to registry administrator(s), and to other third parties as ICANN and applicable laws and/or policy may require or permit. You further agree and acknowledge that the Third Party Registrar shall be permitted (and in some cases is required, pursuant to its agreement with ICANN) to make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information You provide, for purposes of inspection (such as through AT&T’s WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. However, You may elect to have Your personal data concerning Your registration not made available for bulk access. In order to exercise Your option to "opt-out", You should make that election in the relevant section of the application form or it will be deemed waived.
Additionally, You acknowledge that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that the Third Party Registrar may or must make available to the public or to private entities, and the manner in which such information is made available. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or 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 the Third Party Registrar or AT&T.
You may access Your domain name registration information in the Third Party Registrar´s possession to review, modify or update such information, by accessing the information through the AT&T information maintenance interface provided to You by AT&T pursuant to the Internet Services Service Agreement. We will not process data about any identified or identifiable natural person that AT&T obtains from You in a way incompatible with the purposes and other limitations which AT&T describes in this Agreement. the Third Party Registrar will take reasonable precautions to protect the information it obtains from You from loss, misuse, unauthorized access or disclosure, alteration or destruction.
Fees and Payment
As consideration for the domain name registration services provided by the Third Party Registrar to You, You agree to pay AT&T, at the time of submitting Your application for registration, the Fees as set forth in your AT&T Web Hosting Agreement for the initial registration of the domain name and, should You choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if Your domain name registration is suspended, canceled or transferred prior to the end of Your then current registration term. Other payment terms relating to registration, renewal, cancellation, reinstatement, billing, and domain name ownership and/or transfer are located in the Internet Services Service Agreement, which You must agree to in order to proceed with registration. Your requested domain name will not be registered until AT&T confirms Your registration via email.
You agree to be bound by the applicable Third Party Registrar Dispute Policy ("Dispute Policy"), which are hereby incorporated by reference and made a part of this Agreement. The Dispute Policy for MelbIT may be found at the website, at http://www.melbourneit.com.au/policies/gtlddispute.php3 . The Dispute and Complaint policy for Tucows may be found at http://tucowsdomains.com/topic/domains/domaindisputes/. You agree that any disputes regarding the right to use Your chosen domain name are subject to the Dispute Policy provisions in effect at the time Your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, You will indemnify and hold AT&T and the Third Party Registrar harmless pursuant to the indemnification provision below.
You agree that You will be prohibited from changing the Registrar of Your domain name for 60 days following the initial registration of the domain name with the Third Party Registrar. Beginning on the 61st day following initial registration, You may transfer Your domain name to another Registrar subject to registry administrator policy for change of registrar. Your request to change registrars may be denied in certain situations, including, without limitation, Your pending bankruptcy or a dispute over the identity of the domain name holder.
Change of Ownership
If You wish to transfer Your domain name to another person or entity, You can use the domain manager within your control panel and follow the steps to transfer your domain. Once Your ownership transfer has been approved by AT&T, AT&T will forward to the Third Party Registrar the new owner information, and the Third Party Registrar will update its records accordingly. You acknowledge and agree that as a condition of any such transfer of ownership of Your domain name, the entity to which You seek to transfer Your domain name (the "Transferee") shall agree to be bound by all terms and conditions of this Agreement, the Dispute Policy and its accompanying rules and procedures, and all then current the Third Party Registrar, ICANN, or AT&T policies relating to domain name registration.
Modifications to Agreement and Dispute Policy
You agree, during the period of this Agreement, that AT&T may: (1) revise the terms and conditions of this Agreement and the Dispute Policy; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on the Third Party Registrar web site. You agree to review the Third Party Registrar´s web site periodically to be aware of any such revisions. Your continued use of the domain name registered to You shall constitute Your acceptance of this Agreement and the Dispute Policy with the new modifications. If You do not agree to any of such changes, You may request that Your domain name registration be canceled or transferred to a different domain name Registrar. You agree that such cancellation or request for transfer will be Your exclusive remedy if You do not wish to abide by any changes to this Agreement or Dispute Policy.
Ownership of Data
You agree and acknowledge that the Third Party Registrar and/or AT&T owns all databases, compilations, collective and similar rights, title and interests worldwide in the domain name database generated by information relating to AT&T customers, and all information and derivative works generated from the domain name database. You further agree and acknowledge that the Third Party Registrar and/or AT&T owns the following information for those registrations for which AT&T is the Registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, (e) any other information AT&T generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameserver for the domain name, and the corresponding names of those nameservers. Neither the Third Party Registrar nor AT&T has any ownership interest in Your specific personal registration information outside of their respective rights in the domain name database. Ownership of data by the Third Party Registrar and/or AT&T may be subject to licensing agreements with or co-ownership rights of third parties, as necessary to comply with the Third Party Registrar´s agreement with ICANN.
Agents and Licenses
You agree that, if You are registering a domain name for someone else, You represent that You have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy. You agree that if You license the use of the domain name registered to You to a third party, You nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both Your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
Limitation of Liability
YOU AGREE THAT NEITHER THE THIRD PARTY REGISTRAR NOR AT&T WILL BE LIABLE FOR ANY (A) SUSPENSION OR LOSS OF A DOMAIN NAME REGISTRATION; (B) USE OF YOUR DOMAIN NAME; (C) INTERRUPTION OF BUSINESS OR BUSINESS LOSSES; (D) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THE THIRD PARTY´S REGISTRATION SYSTEM; (E) DATA NONDELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION BETWEEN YOU AND THE THIRD PARTY REGISTRAR; (E) EVENTS BEYOND THE THIRD PARTY REGISTRAR´S REASONABLE CONTROL; (F) THE PROCESSING OF THIS APPLICATION; (G) THE PROCESSING OF ANY MODIFICATION TO YOUR ACCOUNT ASSOCIATED WITH YOUR DOMAIN NAME; (H) LOSS OR LIABILITY FROM ACTS OF GOD; (I) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT; (J) APPLICATION OF THE DISPUTE POLICY.
THE THIRD PARTY REGISTRAR AND AT&T 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 THE THIRD PARTY REGISTRAR OR AT&T HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT THE THIRD PARTY REGISTRAR’S AND AT&T’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY THE THIRD PARTY REGISTRAR UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES.. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, THE THIRD PARTY REGISTRAR’S AND AT&T’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
You hereby agree to defend, indemnify and hold harmless the Third Party Registrar, AT&T, and the domain name registry, Network Solutions, Inc., (or other registry administrator) together with each of their respective officers, directors, employees, agents, subsidiaries, parents and affiliated companies, (collectively the "Indemnified Parties"), from any and all claims, demands, loss, errors, omissions, causes of action, judgments or awards, including attorneys´ fees and expenses resulting from any claim, demand or action arising out of or in any way related to the registration, claim to or use of the domain name. Such claims shall include, but shall not be limited to, claims based upon trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business relations, unfair competition, defamation or injury to reputation, or other injuries or any other claim of damage to business. The Indemnified Parties shall provide written notice to You of any such claim, demand or action and You shall thereafter promptly assume the above obligations. The failure of any Indemnified Party to give notice shall not affect the rights of the other Indemnified Parties.
Representations and Warranties
You represent that, to the best of Your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You also represent and warrant that You will not use the domain name registered, and You are not registering the domain name, with any bad faith intent to profit from the sale, trafficking, or use of the domain name. You further represent and warrant that all information provided by You in connection with Your domain name registration is accurate. You also attest that You are of legal age to enter into this Agreement, and that You will abide by all applicable laws, including, without limitation, the provisions of the Anticybersquatting Consumer Protection Act, 15 U.S.C. § 1125(d).
YOU AGREE THAT YOUR USE OF THE DNS SERVICE IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT SUCH SERVICES ARE PROVIDED ON AN "AS IS," "AS AVAILABLE" BASIS. THE THIRD PARTY REGISTRAR AND AT&T EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. THE THIRD PARTY REGISTRAR AND AT&T MAKE NO WARRANTY THAT ITS SERVICES WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICES WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO THE THIRD PARTY REGISTRAR OR AT&T MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICES. WITHOUT ANY LIMITATION TO THE FOREGOING, THE THIRD PARTY REGISTRAR AND AT&T MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL PROTECT YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
Breach and Revocation
The Third Party Registrar reserves the right to suspend, cancel, transfer or modify Your domain name registration in the event: (a) You materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by the Third Party Registrar; (b) You violate the Acceptable Use provisions above, including but not limited to the use of Your domain name in connection with unlawful activity;(c) other legal grounds arise for suspension, cancellation, transfer or other modification as provided for in this Agreement. You further acknowledge and agree that Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including the Third Party Registrar) or registry administrator procedures approved by an ICANN adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by the Third Party Registrar, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name. You also agree that the Third Party Registrar shall have the right in its sole discretion to suspend, cancel, transfer, or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as the Third Party Registrar receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration.
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, except as may be set forth in the Dispute Policy. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to Your use of the Third Party Registrar site shall be brought exclusively in the courts of the State of New York.
You agree that any notices required to be given under this Agreement by the Third Party Registrar will be deemed to have been given upon mailing if sent to the location(s) listed in Your contact information provided during the registration process.
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect. In the event that any provision of this Policy 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.
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
Third Party Beneficiary
You agree that AT&T is a third party beneficiary of this Agreement. Accordingly, AT&T shall be entitled to all of the rights and defenses that would be available to the Third Party Registrar under this Agreement.
The failure of the Third Party 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 the Third Party Registrar of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
You agree that this Agreement, together with the Dispute Policy and Your agreement with AT&T for AT&T Web Hosting Services, including the AT&T Web Hosting Terms and Conditions, is the complete and exclusive agreement between You and AT&T regarding AT&T services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent. This Agreement may not be amended or modified by You except by means of a written document signed by both You and an authorized representative of the Third Party Registrar.
1 SBC Internet Services, Inc., doing business as AT&T Internet Services, is a subsidiary of AT&T Inc. AT&T products and services are provided or offered by subsidiaries and affiliates of AT&T Inc. under the AT&T brand and not by AT&T Inc.