Domain Name Registration Agreement Terms and Conditions
Domain Name Registration Agreement Terms and Conditions for Lichti International, Inc.'s Clients
1. THE DOMAIN NAME REGISTRATION AGREEMENT
explains Lichti International, Inc.'s obligations to Registrant and Registrants obligations to Lichti International, Inc., for the domain registration services. By agreeing to the terms and conditions set forth in this Agreement, Registrant agrees to be bound by the rules and regulations set forth in this Agreement and by a registry for that particular TLD.
2. DOMAIN NAME REGISTRATION.
Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant. A domain name submitted through Lichti International, Inc. will be deemed active when the relevant registry accepts the Registrants application and activates Registrants domain name registration or renewal. Lichti International, Inc. cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. Lichti International, Inc. is not responsible for any inaccuracies or errors in the domain name registration or renewal process.
Registrant agrees to pay Reseller the applicable service fees prior to the registration or renewal of a domain. All fees payable hereunder are non-refundable even if Registrants domain name registration is suspended, canceled or transferred prior to the end of your current registration term.
This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or renewal. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.
5. EXPIRATION, RENEWAL AND FORFEITURE.
The registered domain name will expire on the expiration date specified in the registration term, and as communicated to the Registrant. Registrant will receive reminders immediately prior to the expiration inviting Registrant to renew the domain name. In the event that Registrant fails to renew the domain name in a timely fashion, the registration will expire and Lichti International, Inc. may, at its discretion, elect to assume the registration and may hold it in its own account, delete it, or sell it to a third party. During the period following the expiration of a domain name, the domain name will cease to resolve, the Whois registration records may be revised to include that of Lichti International, Inc. or its re seller, and visitors to Registrants website may be directed to a default web page. This default web page may feature advertisements posted by Lichti International, Inc. for its own account. Registrant acknowledges and agrees that Registrants right and interest in a domain name ceases upon its expiration. Registrant is solely responsible for informing itself of the date of expiration and renewing its registration in a timely manner. If Lichti International, Inc., in its sole discretion, elects to renew the registration, Registrant will be entitled to a grace period of forty (10) days during which Registrant may re-register the domain name. Additional costs for the redemption and re-registration will apply.
6. EXPIRED REGISTRATION RECOVERY POLICY
Domain expiration notices will be sent via email thirty (30) days and five (5) days prior to a domain expiration date and three (3) days after a domain expires unless automatic renewal is selected at the time the domain is registered no renewal notice will be sent. Renewal, post-expiration renewal and redemption fees are at the sole discretion of the Reseller' and fees may differ.
7. SUSPENSION AND CANCELLATION.
Lichti International, Inc. may in its sole discretion, suspend or cancel Registrants domain name registration:
- if Registrant breaches this Agreement;
- if Registrant fails to provide payment or accurate contact or billing information;
- in the event there was an error in the registration process for such domain name;
- as required by ICANN or a Registry Operator;
- to protect the integrity and stability of Lichti International, Inc. and any applicable registry;
- to comply with any applicable laws, government rules, requests of law enforcement and court orders;
- in compliance with any dispute resolution process, or
- to avoid any liability, civil or criminal.
Registrant agrees that its registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a Lichti International, Inc., registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a Lichti International, Inc., registry, ICANN or government-adopted policy,
9. TRADEMARK CLEARINGHOUSE (TMCH).
- to correct mistakes by Lichti International, Inc. or a registry in registering the name or
- for the resolution of disputes concerning the domain name.
Registrant agrees to abide by the terms and conditions set forth by Lichti International, Inc.
10. MODIFICATIONS TO AGREEMENT.
Lichti International, Inc. may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website at http://www.lichti.com/ConditionOptions.php. Your continued use of the registered domain name will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name be canceled or transferred to a different accredited registrar, and agree that such cancellation or transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
Lichti International, Inc. reserves the right to distribute information to Registrant that is required by ICANN or Registry policy.
12. LIMITATION OF LIABILITY.
Registrant agrees that Lichti International, Inc.'s entire liability, and Registrants exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement is solely limited to the amount Registrant paid for the initial registration of the domain name. Lichti International, Inc., ICANN and the applicable registries shall not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.
Registrant will defend, indemnify, and hold harmless Lichti International, Inc., ICANN, the applicable registries, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorneys fees, arising out of or relating to
14. TRANSFER OF OWNERSHIP.
- Registrants registration and use of the domain name registered;
- use of the domain name in violation of this Agreement; or
- Registrants violation of any third party right, including Intellectual Property Rights. This indemnification obligation will survive the termination or expiration of this Agreement.
The person named as Registrant on the Whois shall be the "Registered Name Holder." The person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee") Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determine by Lichti International, Inc. in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
Registrant agrees that failure to abide by any provision of this Agreement, any ICANN, Registry, URDP or Dispute operating rule or policy, may be considered by Lichti International, Inc. to be a material breach, and that Lichti International, Inc. may provide written notice, describing the breach, to Registrant. If within fifteen (15) calendar days of the date of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to Lichti International, Inc., that Registrant has not breached its obligations under the Agreement, and then Lichti International, Inc. may delete the registration the domain name. Any such breach by Registrant shall not be deemed to be excused simply because Lichti International, Inc. did not act earlier in response to that, or any other, breach by Registrant.
16. DISCLAIMER OF WARRANTIES.
Except for the express warranties in this Agreement, Lichti International, Inc. does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties or merchantability, fitness for a particular purpose, and non-infringement. Lichti International, Inc. is not responsible or liable for the deletion or of failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. Lichti International, Inc. does not warrant that the domain name registrations service will be error free or uninterrupted. The domain name registration service is not intended for high risk activities.
17. INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to Lichti International, Inc. must be sent to email@example.com. Any notice to Registrant will be sent to the e-mail address provided by Registrant in the Whois record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing Postal notices to Lichti International, Inc. shall be sent to:
Lichti International, Inc.
7170 Sprongs Bluff
Sodus, New York 14551
And in the case of notification to Registrant shall be sent to the address specified in the Administrative Contact in the Whois record.
Registrant agrees that this Agreement, the applicable dispute policy and the rules and policies published by Lichti International, Inc. and any applicable Registry or other governing authority, are the complete and exclusive Agreement between Lichti International, Inc. and Registrant regarding the domain registration service.
20. GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF AND THE FEDERAL LAWS OF THE USA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN NEW YORK AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
21. FORCE MAJEURE.
Registrant acknowledges and agrees that neither Lichti International, Inc. nor the applicable Registry shall be responsible for any failures or delays in performing the respective obligations hereunder arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
ACCEPTANCE OF THIS AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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