Services Agreement ("Agreement") between you and DomainLot, Inc. ("domainlot.com")
sets forth the terms and conditions of your use of the services set forth
herein (collectively, the "Services"). You acknowledge that you
have read, understood, and agree to be bound by all terms and conditions
of this Agreement, as well as any additional rules or policies that are
or may be published by domainlot.com from time to time.
Agreement as well as any additional rules and policies, together with
all modifications thereto, constitute the complete and exclusive agreement
between you and domainlot.com concerning your use of the Services, and
supersede and govern all prior proposals, agreements, or other communications.
- Domain Name Registration, Administration, and Renewal
- Search Engine Submission
- Electronic Mail
- Domain Manager
- Changes to this Agreement or to Additional Rules
- Information and Its Use
- Ownership of Data
- Agents and Licenses
- System Performance Degradation
- Limitation of Liability
- Indemnification of domainlot.com
- Representations and Warranties
- Suspension, Cancellation, Transfer or Modification
- Governing Law
- Information for California Residents
Domain Name Registration, Administration, and Renewal Services
(.com, .net, and .org) Registrations and Renewals
ICANN oversees the .com, .net and .org global top level domains ("gTLDs").
Domainlot.com accepts applications to register and renew domain names
with .com, .net, and .org gTLDs in both roman-alphabet languages and
non-roman alphabet languages (e.g., Japanese, Chinese, and Korean).
Domainlot.com is, upon accepting your application to register or renew
a domain name with a .com, .net or .org gTLD, your sponsor for that
application. All .com, .net and .org domain name registrations
we register or renew are not effective until we have delivered the
domain name registration or renewal information you provide us to
the registry administrator for the .com, .net or .org gTLDs, as applicable,
and the registry administrator puts into effect your domain name registration
or renewal. Currently, the registry administrator for the .com,
.net and .org gTLDs is Network Solutions, Inc.
You acknowledge that you have read, understood and agree to be bound
by all terms and conditions of ICANN's Uniform Domain Name Dispute
Resolution Policy (the "UDRP"), as amended from time to time, which
is hereby incorporated and made a part of this Agreement by reference
for all .com, .net and .org domain name registrations or renewals.
(Click here for a current copy of the
Registration, Administration, and Renewal
addition to registering and renewing .com, .net and .org gTLDs, domainlot.com
also registers and renews various country code top level domains ("ccTLDs"),
including, but not limited to, .co.uk, .tv and .ca. The registry
administrator varies by individual country code. By agreeing
to the terms and conditions set forth in this Agreement, you are also
agreeing to be bound by the rules and regulations set forth by these
registry administrators for their respective registries only.
(Click here for the terms and
conditions of each available ccTLD.)
Guarantee of Registration or Renewal
You acknowledge and agree that domainlot.com cannot guarantee that
you will be able to register or renew a desired domain name, even
if an inquiry indicates that domain name is available, since domainlot.com
cannot know with certainty whether or not the domain name which you
are seeking to register is simultaneously being sought by a third
party, or whether there are any inaccuracies or errors in the domain
name registration or renewal process or related databases, including
the various WHOIS databases. You further acknowledge and agree
that domainlot.com may elect to accept or reject your application
for registration or renewal for any reason at its sole discretion,
such rejection including, but not limited to, rejection due to a request
for registration or renewal of a prohibited domain name. You
also acknowledge and agree that domainlot.com is not liable or responsible
in any way for any errors, omissions or any other actions by any registry
administrator arising out of or related to your application for and
registration of, renewal of, or failure to register or renew a particular
domain name. You additionally agree to indemnify, defend and
hold harmless the applicable registry administrator and its directors,
officers, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including reasonable legal
fees and ex-penses) arising out of, or related to, your application
for and registration of, renewal of, or failure to register or renew,
a particular domain name.
Guarantee of Proper Translation
You acknowledge and agree that domainlot.com cannot guarantee that
its non-roman alphabet language registration service will be error-free,
in that domainlot.com cannot know with certainty whether or not the
non-roman alphabet language domain name you are seeking to register
or renew will be translated properly by the Internationalized Domain
Name System. Furthermore, you acknowledge that domainlot.com
or the registry administrator may be required to suspend, modify or
cancel your non-roman alphabet language registration in order to comply
with new ICANN or IETF rules, regulations or standards that apply
to such registrations.
By applying to register a domain name, or by asking us to maintain
or renew a domain name registration, you hereby represent and warrant
to us that (a) the statements that you made in connection with such
registration, maintenance, or renewal are complete and accurate; (b)
to your knowledge, the registration of the domain name will not infringe
upon or otherwise violate the rights of any third party; (c) you are
not registering the domain name for an unlawful purpose; and (d) you
will not knowingly use the domain name in violation of any applicable
laws or regulations. You agree and acknowledge that it is your
responsibility to determine whether your domain name registration
infringes or violates someone else's rights, including, but not limited
to, whether any foreign language translations of your domain name,
either between roman-alphabet languages, between non-roman alphabet
languages, or between roman-alphabet and non-roman alphabet languages,
infringe or violate someone else's rights.
Domainlot.com considers the entity named as the administrative contact
for the domain name at the time the controlling User name and password
are secured to be the registrant of that domain name.
Name and Password
The first time you apply to use domainlot.com's domain name registration,
administration, and renewal services, you will be asked to select
a User name and password. That User name and password are the
means through which you access to certain of the Services. You
agree to safeguard the User name and password you select from any
unauthorized use. You acknowledge and agree that in no event
will domainlot.com be liable for the unauthorized use or misuse of
your User name or password.
As consideration for domainlot.com's domain name registration, administration,
and renewal services, you agree to pay domainlot.com, upon submission
of your domain name application, renewal application, or registrar
transfer application to domainlot.com, the then-current fees set forth
in the domainlot.com price schedule for such services. (Click
here to view domainlot.com's current price schedule.) All fees
are non-refundable, in whole or in part, even if your domain name
registration is suspended, cancelled or transferred prior to the end
of your then current registration term. Domainlot.com reserves
the right to change fees, surcharges, renewal fees or to institute
new fees at any time, for any reason, at its sole discretion.
Your domain name application, renewal application, or registrar transfer
request will not be submitted to the applicable registry unless we
receive actual payment of the registration, renewal, or transfer fee,
or reasonable assurance of payment of the registration, renewal, or
transfer fee from some other entity (such reasonable assurance as
determined by domainlot.com in its sole discretion).
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) or other non-payment
by you in connection with your payment of the registration, renewal,
or registrar transfer fee, you acknowledge and agree that the registration
shall be transferred to domainlot.com as the entity that has paid
the registration, renewal, or transfer fee for that registration to
the registry, and that we reserve all rights regarding such domain
name including, without limitation, the right to make the domain name
available to other parties for purchase. We will reinstate any
such registration solely at our discretion, and subject to our receipt
of the applicable registration, renewal, or transfer fee and our then-current
reinstatement fee, currently set at $200.
You will be notified at least thirty (30) days prior to when a renewal
fee is due. Should a renewal fee go unpaid within the time specified
in a second notice or reminder regarding renewal, the registration
will be cancelled. Payment must be made by credit card or such
other method as we may indicate in the registration application or
renewal form. We will renew the registration for the term specified
provided your credit card or other billing information is available
and up to date, unless you instruct us otherwise within the time specified.
If your billing information is not accurate and you wish to renew
the registration, we will contact you to update this information and
charge you accordingly.
The search engine submission service provided by domainlot.com forwards
certain information submitted by you regarding certain Web sites to certain
Internet search engine and directory sites.
By using this service, you are agreeing to be bound by the rules and regulations
set forth by the sites to which your submission(s) are forwarded from
time to time for those respective sites only.
You acknowledge and agree that domainlot.com cannot guarantee that your
submission will be listed in each of the search engine and directory sites
to which that submission has been forwarded, as domainlot.com is not affiliated
with, nor does it control those sites. You further acknowledge and
agree that domainlot.com or search engine or directory sites may elect
to accept or reject your submission(s) for any reason at their sole discretion,
such rejection including, but not limited to, rejection due to a submission
concerning a site which engages in or promotes illegal activity.
You also acknowledge and agree that domainlot.com is not liable or responsible
in any way for any errors, omissions, delays, or any other actions by
any search engine or directory site to which your submission is forwarded,
including, but not limited to any errors arising out of or related to
the forwarding of your submission, or the listing of or failure to list
your submission. You additionally agree to indemnify, defend and
hold harmless all applicable site administrators and their 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 related to, your submission, or the listing
or failure to list your submission.
As consideration for your use of the Site Submit service, you agree to
pay domainlot.com, prior to domainlot.com's forwarding of your submission(s)
to any search engine or directory site, the then-current submission fees
set forth in the domainlot.com price schedule for the service. All
fees are non-refundable, in whole or in part, even if your submissions
are not accepted or are subsequently removed.
Your site submission will not be forwarded until we receive actual payment
of the applicable fees, or reasonable assurance of payment of the fees
from some other entity (such reasonable assurance as determined by domainlot.com
in its sole discretion).
electronic mail service provides you with the capability to send and receive
electronic mail via the Internet.
Domainlot.com has set no fixed upper limit on the number of messages you
may send or receive through its electronic mail service; however, the
storage space associated with your electronic mail account is currently
set at 5 megabytes. Notwithstanding the foregoing, domainlot.com
retains the right, at domainlot.com' sole discretion, to restrict the
volume of messages transmitted or received by you in order to maintain
the quality of our electronic mail services to other customers and to
protect our computer systems. Domainlot.com will, in our sole discretion,
determine whether or not your conduct is consistent with (i) this Agreement,
(ii) any domainlot.com operating rules or policies, and domainlot.com
may terminate your electronic mail service if your conduct is found to
be unlawful, inconsistent with, or in violation of, this Agreement or
such rules or policies.
Domainlot.com's electronic mail service is subject to scheduled (from
12:00 am pacific standard United States time to 3:00 am pacific standard
United States time every Saturday) and unscheduled outages which will
impact your ability to use the electronic mail service. We will
use commercially reasonable efforts to restore the service after any unscheduled
In order to receive domainlot.com's electronic mail service, we must host
your domain name record. If you transfer your domain name record
to a third party in conjunction with a live Web site or for any other
reason or allow your domain name registration to expire, you will no longer
be able to use domainlot.com's electronic mail service. We will
not refund fees, if any, you have paid for the electronic mail service
if you elect to transfer your domain name record to a third party.
Your right to use domainlot.com's electronic mail service is personal
to you. You agree not to resell the electronic mail service, without
the prior express written consent of domainlot.com.
Domainlot.com will not monitor, edit or disclose the contents of your
private communications with third parties unless required to do so by
law or in the good faith belief that such action is necessary to: (1)
conform to the law or comply with legal process served on domainlot.com;
(2) protect and defend the rights or property of domainlot.com; or (3)
act under exigent circumstances to protect the personal safety of our
customers or the public.
You acknowledge and agree that domainlot.com neither endorses the contents
of any of your communications nor assumes responsibility for such content,
including but not limited to any threatening, libelous, obscene, harassing
or offensive material contained therein, any infringement of third party
intellectual property rights arising therefrom or any crime facilitated
You acknowledge and agree that certain technical processing of email messages
and their content may be required to: (1) send and receive messages; (2)
conform to connecting networks' technical requirements; (3) conform to
the limitations of electronic mail service; or (4) conform to other similar
You are solely responsible for the content of your transmissions through
domainlot.com's electronic mail service. You agree to comply with
all applicable local, state, national and international laws and regulations
regarding email communications and use. You further agree: (1) to
comply with U.S. law regarding the transmission of technical data exported
from the United States through domainlot.com's electronic mail service;
(2) not to use the electronic mail service for illegal purposes; and (3)
not to interfere with or disrupt networks connected to domainlot.com's
electronic mail service.
You also agree not to use electronic mail service for sending chain letters,
or any other electronic mail message to promote (directly or indirectly)
the sale or other distribution of goods or services to a recipient with
whom you do not have an existing or previous business or personal relationship
or for any use of distribution lists to any person who has not given specific
permission to be included in such a process. You agree not to transmit
through domainlot.com's electronic mail service any unlawful, harassing,
libelous, abusive, threatening, harmful, vulgar, obscene or otherwise
objectionable material of any kind or nature.
You further agree not to transmit any material that encourages conduct
that could constitute a criminal offense, gives rise to civil liability
or otherwise violates any applicable local, state, national or international
law or regulation. Attempts to gain unauthorized access to other
computer systems are prohibited.
You agree not to interfere with another customer's use and enjoyment of
the electronic mail service or another entity's use and enjoyment of similar
Contractor, or its successor, shall be an intended third party beneficiary
of domainlot.com's electronic mail service customer's obligations under
this Agreement and thus shall be entitled to enforce those obligations
against you as if a party to this Agreement.
Domainlot.com may, at its sole discretion, immediately terminate the electronic
mail service if your conduct fails to conform with these terms and conditions
with no obligation to refund fees paid. You agree that domainlot.com
shall under no circumstances be held liable on account of any action it
takes, in good faith, to restrict transmission of material that it or
any user of electronic mail service consid-ers to be obscene, lewd, lascivious,
filthy, excessively violent, harassing, or other-wise objectionable, whether
or not such material is constitutionally protected.
Certain domainlot.com users have access to domainlot.com's Domain Manager
utility. If you are one of those users, you may use the Domain Manager
utility to modify the zone file, DNS, IP, domain alias, MX Records and
SOA WHOIS, and contact information for any .com, .net, or .org domain
name registered through or administered by domainlot.com, or registered
by a domainlot.com co-brand or other reseller.
Those users with access to Domain Manager utility may log into the utility
at http://www.domainlot.com/manage/, using the
username and password established during the application process.
If you have more than one domainlot.com profile (i.e., you have registered
multiple domain names through domainlot.com and have created a different
user name and password profile for each domain name), be sure that you
use the username and password for the domain name you intend to manage
using Domain Manager. If you have more than one domain name associated
with a username and password, you will be able to login and perform edits
on all domain names associated with that username and password.
You acknowledge that the functionality of Domain Manager will differ based
on the date of registration, as well as whether or not the domain name
lists domainlot.com's domain name servers as authoritative for the domain
name. You further acknowledge that any changes you make through
Domain Manager may take as long as 72 hours to become effective.
Changes to this Agreement or to Additional Rules or Policies
You acknowledge that the Internet, domain name system and the practice
of registering and administering domain names are evolving, and therefore
you agree that domainlot.com may modify this Agreement, as well as any
additional rules or policies that are or may be published by domainlot.com,
as necessary to comply with domainlot.com's ICANN agreement, or with any
other agreements that domainlot.com is currently bound by or will be bound
by in the future, as well as to adjust to changing business circumstances.
Your continued use of any domain name registered through domainlot.com
shall constitute your acceptance of this Agreement as well as additional
rules or policies that are or may be published by domainlot.com, each
with the new modifications. If you do not agree to any of such changes,
you may request that your domain name registration be cancelled or transferred
to a different domain name registrar. You acknowledge and agree
that such cancellation or request for transfer will be your exclusive
remedy and our sole liability if you do not wish to abide by any changes
to this Agreement or any additional rules or policies that are or may
be published by domainlot.com.
and Its Use
You hereby acknowledge and agree that, in connection with your use of
certain of domainlot.com's services, you are required to provide certain
information and to update promptly this information as needed to keep
it current, complete and accurate.
Except as set forth below, all other information which we may request
from you in connection with domain name registration, administration,
and renewal services, is voluntary; however, not providing this information
may prevent you from obtaining Services other than domain name registration,
administration, and renewal services.
- Domain Name Registration, Administration and Renewal Services
The information you are obligated to provide and keep current in connection
with your use of domainlot.com's domain name registration, administration,
and renewal services is the following:
You acknowledge and agree that when you renew a 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, the registration
may not be renewed.
- Your full name (or the name of the authorized person for contact
purposes, if registration is for an organization, corporation or
association), postal address email address, voice telephone number,
and fax number, if available (or if different, that of the domain
- The domain name being registered; and
- The name, postal address, email address, voice telephone number,
and where available, fax number for the administrative contact,
technical contact and billing contact for the domain name registration.
- Additional Information Maintained
In addition to the information you provide, we maintain records
relating to any domain name application received by domainlot.com,
as well as any domain name registered through, administered, or renewed
by domainlot.com. We also maintain records relating to other
services that we provide to you. These records may include,
but are not limited to:
- The original creation date of a domain name registration, renewal,
or request for service;
- The submission date and time of a registration or renewal application
to us and by us to the proper registry;
- Communications (electronic or paper form) constituting submissions,
forwarding, modifications, or terminations of service and related
correspondence between you and us;
- Records of your account, including dates and amounts of all payments
- 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, email address, voice telephone number,
and where available, fax number of the zone contact for a domain
- The expiration date of a domain name registration; and
- Information regarding all other activity between you and us regarding
your use of the services.
- Obligations Relating to the Information You Provide
In the event that (i) in applying for the registration of a domain
name you are providing information about a third party, or (ii) you
license a domain name registered in your name to a third party, you
hereby represent and warrant that you have (a) provided notice to
that third party of the disclosure and use of that party's information
as set forth in this Agreement, and (b) 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.
You acknowledge and agree that willfully providing inaccurate or
unreliable information or willfully failing to update information
promptly will constitute a material breach of this Agreement that
will be sufficient basis for cancellation of your domain name registration.
You further acknowledge and agree that your failure to respond for
over fifteen (15) calendar days to inquiries by domainlot.com concerning
the accuracy of contact details associated with your domain name registration
shall constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
- Disclosure and Use of Information
You acknowledge and agree that domainlot.com may make available
information you provide or that we otherwise maintain to such public
or private third parties as applicable laws require or permit.
You further acknowledge and agree that domainlot.com may make publicly
available, or directly available to third parties, some, or all, of
the information you provide, for purposes of inspection (such as through
our WHOIS service) or for targeted marketing and other purposes as
required or permitted by applicable laws.
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
or use of any Services (including any updates to such information),
whether during or after the term of your registration of a domain
name or other Services. You hereby irrevocably waive any and
all claims and causes of action you may have arising from such disclosure
or use of information provided by you by domainlot.com.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the purposes
and other limitations which we describe in this Agreement.
Domainlot.com will take reasonable precautions to protect the information
it obtains from you from our loss, misuse, unauthorized access or
disclosure or use, or alteration or destruction, of that information.
Domainlot.com will have no liability to you or any third party to
the extent such reasonable precautions are taken.
Communications with domainlot.com are not private and may be published
either in their entirety or in edited form at any time, at the sole
discretion of domainlot.com.
You acknowledge and agree that domainlot.com owns all database, compilation,
collective and similar rights, title and interests worldwide in our domain
name and other proprietary information databases, and all information
and derivative works generated from those databases. Additionally,
you hereby grant to domainlot.com a nonexclusive, worldwide, perpetual,
irrevocable, fully paid-up right and license to use in our business, however
it evolves, including the rights to copy, distribute, display, perform,
transmit, prepare derivative works from or otherwise use without restriction
the following information: (a) the original creation date of a domain
name registration, (b) the expiration date of a domain name registration,
(c) the name, postal address, email address, voice telephone number, and
where available fax number of the technical contact, administrative contact,
zone contact and billing contact for a domain name registration, (d) any
remarks concerning a registered domain name that appear or should appear
in a WHOIS or similar database, and (e) any other information we generate
or obtain in connection with the provision of the Services. Domainlot.com
does not have any ownership interest in your specific personal registration
information or other information other than our rights in our domain name
You agree that, if you are using the Services 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
accept liability for harm caused by wrongful use of the Services.
You agree that if you license the use of a domain name registered in your
name 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. As further required by ICANN,
you shall accept liability for harm caused by wrongful use of the domain
name, unless you promptly disclose the identity of the licensee to a party
providing you with reasonable evidence of actionable harm.
Domainlot.com depends upon a computer system that is responsive to the
demands of the domain name registration process, and that provides timely
information to domainlot.com's customer service team. Occasionally,
domainlot.com's computer system is subjected to exceptional volumes of
incoming domain name registration requests, electronic mail messages,
and/or WHOIS queries that result in significant degradation of domainlot.com's
system processing and response time.
Regardless of the reason, in those instances when there is system performance
degradation as the result of an extremely large volume of incoming electronic
messages, domainlot.com reserves the right, in its sole discretion, to
filter or block electronic messages originating from the identified sources
of the high volume traffic. Domainlot.com will selectively restore
service after system performance returns to normal limits, provided that
such restoration does not result in an adverse impact on the system.
Domainlot.com further reserves the right to permanently filter or block
repeated sources of high volumes of electronic traffic.
YOU AGREE THAT DOMAINLOT.COM WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES,
FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION,
(b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS,
(d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S)
ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (e) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS
BEYOND DOMAINLOT.COM'S REASONABLE CONTROL, (g) THE PROCESSING OF YOUR
DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION, OR (h) APPLICATION
OF ANY RELEVANT DISPUTE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL
OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES. DOMAINLOT.COM ALSO
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL
DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARD-LESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (IN-CLUDING NEGLIGENCE), OR OTHERWISE,
EVEN IF DOMAINLOT.COM HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL DOMAINLOT.COM'S MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN
FIVE HUNDRED DOLLARS ($500.00) BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
You agree to defend, indemnify and hold harmless domainlot.com for any
loss, damages or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand related to (i) your use
of the Services, including, but not limited to, your application for registration,
registration, or renewal of any domain name registered in your name, and
(ii) your use of any domain name regis-tered in your name. This
indemnification is in addition to any indemnification required under the
UDRP or any similar policy.
You represent that, to the best of your knowledge and belief, neither
the registration of the domain name you have applied for nor the manner
in which it is intended to be or is directly or indirectly used infringes
the legal rights of a third party. You further represent and warrant
that all information provided by you in connection with your use of the
Services is accurate and current. THE SERVICES ARE PROVIDED TO YOU
"AS IS." DOMAINLOT.COM DOES NOT MAKE ANY REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
DOMAINLOT.COM MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE
YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
Cancellation, Transfer or Modification
You acknowledge and agree that domainlot.com may suspend, cancel, transfer
or modify your use of the Services at any time, for any reason, in domainlot.com's
sole discretion. You also acknowledge and agree that domainlot.com
may suspend, cancel, transfer or modify your domain name registration
if (a) you materially breach this Agreement (including any applicable
additional rule or policy) and do not cure such breach within five (5)
calendar days of notice by domainlot.com, (b) you use the domain name
registered to you to send unsolicited commercial advertisements in contradiction
to either applicable laws or customary acceptable usage policies of the
Internet, or (c) you use your domain name in connection with unlawful
You further acknowledge and agree that your domain name registration is
subject to suspension, cancellation, transfer or modification pursuant
to the terms of any rules or policies applicable to your domain name registration,
including, but not limited to (i) the UDRP, (ii)
any ICANN adopted policy, (iii) any registrar (including domainlot.com)
or registry administrator procedures, or (iv) any other ccTLD registry
You also agree that domainlot.com shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify your domain name registration
at such time as domainlot.com receives (x) a properly authenticated notification
from a court of competent jurisdiction, or (y) an arbitration award requiring
the suspension, cancellation, transfer or modification of your domain
Finally, you agree that domainlot.com shall have the right in its sole
discretion to cancel your domain name registration within thirty (30)
calendar days of the creation date of that registration.
Except as otherwise set forth in the UDRP or any
similar ccTLD policy with respect to any dispute over your 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 Florida, as if the Agreement was a
contract wholly entered into and wholly performed within the State of
You agree that, unless other instructions are posted on the domainlot.com's
Web site, any notices required to be given under this Agreement will be
deemed to have been given if delivered by email or fax, or sent by certified
mail, return receipt requested, or by Federal Express or other recognized
overnight delivery service to each of the parties in accordance with the
most current contact information you have provided to us, and the contact
information for domainlot.com posted on the domainlot.com Web site.
All notices shall be effective upon receipt, except that email and fax
notices shall be effective upon transmission.
You acknowledge and agree that, to the extent necessary, it is your responsibility
to: (1) provide all equipment, including a computer and modem, necessary
for you to establish a connection to the Internet; and (2) provide for
your own connection to the Internet and pay any telephone service fees
associated with such connection.
Nothing contained in this Agreement shall be construed as creating any
agency, partnership, or other form of joint enterprise between the parties.
The failure of domainlot.com 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 domainlot.com of a breach
of any provision hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Agreement shall
be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid as a whole. Domainlot.com
will amend or replace such provision with one that is valid and enforceable
and which achieves, to the extent possible, the original objectives and
intent of domainlot.com as reflected in the original provision.
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
FOR CALIFORNIA RESIDENTS:
Under California Civil Code Section 1789.3, California residents entitled
to the following specific consumer rights information:
Information. Current rates for using the Services may be obtained
by going to the pricing schedule on our Web site located at http://www.domainlot.com/about/pricing.php
or any other Web site operated by domainlot.com. Domainlot.com reserves
the right to change fees, surcharges, renewal fees or to institute new
fees at any time.
The Complaint Assistance Unit of the Division of Consumer Services of
the California Department of Consumer Affairs may be contacted in writing
at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.