It’s the Registration Agreement that is declared to make you aware about the terms and conditions you will come across for using the domain name registration services. As per such agreement You refer to you, or an agent, employee, a person, servant and other people who can act on behalf of you as well as the registration listed at the Who Is Contact Information page. As per such agreement Us, We and Our refer to the ServerTep, Inc., the sister companies and subsidiaries. This type of registration agreement is prepared to let you know our obligations when you hire our domain name services. This agreement is also applicable when you or your authorized person cancels any of your services while accessing it through your account.
You agree to this and the reference agreement:
Here, you agree to the reference agreement and to this agreement. While using the services ServerTep has offered, you adhere to the terms and conditions associated with this agreement. Through it you are showing that you agree to fact that you have read the terms and conditions perfectly. There is the UDRP or Uniform Dispute Resolution Policy mentioned below and these rules and policies can be published by ServerTep further. This agreement can be published along with the specifics associated with the services and this can also be enforced by the Internet Corporation of Assigned Names and Numbers or known as ICANN, the governments and the registries.
-
In case, you are registering the domain name for the following registries like .BZ, .CA, .CC, .CM, .CN, .CO, .DE, .EU, .IN, .ME, .NU, .TV, .UK, .US, .WS, then you are exactly agreeing to the extra terms and conditions related to each category and this is set out on the Supplemental Agreement as well as on the specific agreement. The references are also given therein and added for such agreement.
-
Adding your name for the Who Is Guard like privacy protection services, you are also going to agree with Who Is Guard service agreements.
-
Similarly, SSL Service agreement is also there when you order the SSL certificate.
-
There is also an Affiliate Program Service Agreement and it will come into act when you are enrolling yourself with the Affiliate Program announced by ServerTep.
Changes for the agreement:
This sort of agreement can be changed with time and under different conditions like government requirements, and the requirements from the administrative bodies as well as legislations. It can also come into effect with the changes that can occur with the industrial nature. If such changes happen and you are not agreeing to the previous terms, then you are agreeing to towards the remedy like transferring the domain name registration services towards another registrar. In that case, you can also ask us to cancel such services. And when you cancel these services, you are not going to get the refund on any of the fee that you have paid to us. And when you are continuing with such services even there is a change, and then you are exactly showing your consent towards the changes made. Those changes can come into effect within a maximum time of thirty calendar days from the date when the changes have been made. The revised agreements will be posted on the official website of ServerTep or after fifteen days from the notification day. This sort of notification will be send directly to your email address that you have supplied us while registering the domain name with us. So, you have to agree to the fact that you will review this agreement on a regular interval and will keep yourself aware about the revisions if there is any.
TERM:
The terms of such agreement will remain in full-force as well as into the effect till you use our domain name registration services and till you employ any of our services. Through this agreement you agree to the fact that you are not going to transfer any of the domain names that is registered with us to another name or registrar when the first sixty days are in effect. And this will be counted from the very date on which you have completed the registration with us. At the same time, you are also agreeing that due to the effects of ICANN’s fresh Add Grace Period Policy which is in effect from 1st April, 2009, we are also cancelling 3 day grace period. In that case, we are also not going to offer the refunds for just any domain name or the fresh registrations. All the domains registered are final.
Services offered and the termination of services:
ServerTep has the authority to cancel or reject your application for registering the domain name with us or we can even discontinue offering the services to you. This can be done for any reason and within thirty days from the service renewal or initiation. And outside of such period, we can also terminate the services any time due to the reasons like, abusing the services, registering for prohibited domain names, irregularities in the payments, material allegations, or violation of the Internet Services Provider or the ISPs policies or in case of transmission of the bulk emails. You also agree to the fact that if we are cancelling the services as per this agreement, then it will remain our option to make ourselves or possibly a third party the beneficiary of such services and these can be similar to the ones which were provided to you previously and this is also added for the agreement for your reference. If we have enough reasons to terminate the services offered by us through your account, then we will cancel all the services offered to you. There will be no refund of the fee that was made when there will be a cancellation or termination of services on solid reasons. We can terminate the services at any time and within thirty days we have send the notification to your email address. This is also informed at the Who Is contact information page that is offered during the domain name registration. Following the notice for termination, you should transfer the domain name or you can take risk to the cancellation of your domain name or modify and or suspend the services. If we will terminate the services for a specific reason and not for a cause, then we can really refund the fees that you have offered. At the same time, you have to agree that your domain name registration can be subjected to the suspension, transfer or cancellation due to the ICANN procedures or as per the registry administrator procedures that are approved through ICANN-adopted policy, in order to rectify the mistakes done by us, additional registrar, or the registry administrator that is administrating such domain name and for the resolution or rectification of the disputes that are associated with that domain name. You also agree to the fact that failure at your end to comply with the terms and conditions completely assigned by ServerTep will be considered as the material breach of such agreements and at the same time we notify you about such breach in writing or through email. In that case, you need to offer us the material that such breach has not happened within ten business days. Otherwise, we will terminate our relationship with you and can take necessary actions as per the applicable laws. Such actions can be taken and implemented against you without any notice and this may include but not restricted to cancellation of the registration for any domain name that you have registered with us.
Our services:
Domain name registration:
ServerTep is an accredited registrar by ICANN or known as the Internet Corporation for Assigned Names and Numbers. We are only working on Top Level Domain Names like com, .net, org, etc. However, it’s the ICANN that overseas other aspects as well as registrations of all the TLD’s. It’s the domain name registration that is not counted to be effective enough till the administrator of these registries put them into the effect. It’s the domain name registration that is applicable for limited terms and that can end on the date of expiration. If there are some domain names which are created as the fresh registration and out from the available name space, then the terms and conditions for them will start from the date when the domain name registration was acknowledged through the applicable registry. In that case, you have to agree that we are not going to take any kind of responsibility for any errors actions or the omissions that is caused by the registry administrator and which arises out or somehow related to the request made to the register, renew as well as modifying the settings. This is also applicable in case there is a transfer of the domain name registration which is explained further in this segment. You are also required to agree that the domain name registration is the service through which the domain name registration is not existed independently from the services that are provided to pursuant or a related registration agreement with the registrar. And that sort of domain name registration service should not generate the property interest.
Aftermarket domain name registration:
If you are looking for aftermarket domain names, then you are at the right place. We are also offering such services. We are also selling domain names which are registered to the third parties. These domains names are also called as the aftermarket domain names. These domain names are sold on the basis of different high level domain names or the TLD’s. If you are going for the aftermarket domain name registration for the first time, which also includes the payment for the services we offer, then we will be the one to trigger the transfer for aftermarket domain name and that will be assigned to your account. If the aftermarket domain name belongs to another registrar when you wish to buy it, then we will be liable to transfer the aftermarket domain name for our account at zero cost and we will assign another one year registration period for the existing deal. If there will be any renewals for the aftermarket domain name, then the renewal fee will be applied. Once you will submit an order for your next aftermarket domain name, you will enter into a valid, enforceable and binding contract through which you will pay for the purchase which is related to the aftermarket domain name. As we are selling the aftermarket domain names which are initially registered for the third parties, we will have no control on them and we cannot make any representations that are related to the accuracy as well as legality of the domain names advertised. We are also not controlling things like whether the third party sellers completing the transactions or not. We also reserve the rights to cancel or terminate your registration for aftermarket domain name and the reasons include but not restricted to the pricing errors if there is any. If your aftermarket domain name registration is cancelled or rejected by us for just any reason, then we will arrange the refund the complete amount that you have given for the buying the aftermarket domain name.
Once the transfer of aftermarket domain name takes place to your account that will not be transferred by us to other parties during the initial sixty days of time. This will be the time when the aftermarket domain name will be placed on the transfer lock. So, as per this agreement, you will remain liable for all the obligations mentioned here. However, this is not limited to the provision like illegal uses.
Agreement for not to use our services for improper or illegal purposes:
You should agree to the fact that the services offered by us cannot be use by you or by others for improper purposes like: Transmission of the spam or unsolicited emails, repetitive inquiries about the services offered by us, and illegal emails. And if you are hosting the domain name on our servers, or you are any kind of system in order to forward the domain name, URL or a site hosted on any other server, then these agreements will come into effect. If your domain name is registered with us, then you should ensure that there will be no high volume overloading of our DNS systems. You are not allowed to use our servers as well as your domain name as the source, you cannot reply to the address, intermediary, you cannot use the destination address to execute mail bombs, pocket corruption, internet packet flooding, or for other illegal attacks. You should make sure that there is no server hacking or security breaches like activities are taking place, as these are strictly prohibited. You should agree that we can deactivate your domain name from the DNS systems if we trace any kind of unsolicited activity taking place through your website that could possibly threaten its stability and the network.
You must agree that ServerTep can deny the acceptance of the registration of just any domain name on its own discretion and when there is no liability. ServerTep can even delete or eliminate the domain name hosting and registration without liability and on its sole discretion during the first 5 days from the date when the registration was done.
Ensuring the entitlement for using the domain name:
Through this agreement, you are exactly going to ensure the entitlement for using the domain name. Well, there are some limitations and without them following cannot be included for the services that we offer. We cannot check and see the domain name that you select or make the domain name or other services and infringing the legal rights of others. This is your sole responsibility to check whether or not the domain name you have checked or selected is using other’s legal rights. In that case, we can follow the court order to cancel, transfer or modify the domain name, if it comes to us. This is also your sole responsibility to check and list the correct contact details in relation to your account so that you can come in contact with the government authority, litigants and possible litigants easily in order to get a resolution. This is not our responsibility to forward the court orders and other communications. However, we will be complying with the court orders until and unless you will contact ServerTep for contesting the order.
Threatened legal actions:
In case we are sued to the court to face the lawsuit or administrative proceedings, or other legal matters, and administrative proceedings that are related to the services we have offered to you, then we may come in contact with you to cover us and put us in the harmless zone that can be commenced in the form of expenses and claims. This may include the fees like court costs and attorney fee. As per this circumstance, you have to agree that you will get the performance demand bond from a reputed bonding company on demand or in case you are unable to get this type of bond then you will be depositing the required amount with us in order to pay for that reasonable expenses and this will also be based on the matter related to the next year. Once the expenses will incur, such deposits can go down and the whole account information will be sent towards the WHOIS contact page that was offered by you during the domain name registration. We are not going to offer you any kind of credit or extend it with relation to these expenses and in that case, we can also terminate the services for such failure and to renew or make a deposit. We will also arrange a return for the unused deposit during the next three months or so and that date will be calculated from the actual deposit date or such return can also be based on the conclusion of the issue.
Dispute resolution plan:
As per this agreement, you agree to the UDRP or known as the Uniform Domain Name Dispute Resolution Policy. You can also avail a copy of the same at http://www.icann.org/udrp/udrp-rules-24oct99.htm andhttp://www.icann.org/dndr/udrp/policy.htm. Here you have to agree that the UDRP can be changed or modified by ICANN and this may happen just any time and with that the changes will be applicable to you as well. You also agree that, if the reservation or registration of the domain name is challenged by some third party or parties, then the provisions mentioned as per the UDRP will be subjected to you. In that case you agree that such provisions are disputed by the third party as well. You are also required to agree on the fact that when a dispute arises with relation to the domain name registration or reservation with a third party, you will cover us and you have to make us appear as a harmless pursuant to the terms & conditions of the UDRP. It is also important for you to check the email sent to the email address given by you on a regular interval. These emails can be dispatched to you and can carry the messages related to you account as well as domain names. Keep in mind that if a dispute appears and that is related to the services we have offered to you, then there is a chance for you to lose the rights for receiving services further. And this can happen when you are not checking these emails regularly and that’s why unable to respond us when such matter arises.
Fees:
Well the fees you will pay to us are all non-refundable. You have to pay for services, renewal of such services, and you can also select to go for the automatic renewal of these services. In the last case mentioned here you have to pay for the desired services in advance and before it comes into act. At the same time, you have to take care of the applicable service fee as well. So, all these fees are non-refundable and that is applicable in whole or in part. This term is also applicable when the domain name registration is cancelled, suspended or transferred before the actual term of the service arrives. Refund is only done when specific agreements are there. At our end, we will require that you pay the fees through a specific payment option like credit card or through wire transfer or when you change from one payment service provider to the other.
Payment:
In case there is a charge back by the credit card company or a similar action taken by the payment provider allowed by ServerTep, which is related to the payment of the fees for any services, you have to agree that ServerTep can suspend the access for any or all accounts that you have with our company. This is also applicable and can be done in case of the primary service provider. This is also applicable for the domain name registration as well as website hosting, email services, and this also includes the data hosted on our server. In case we assume that there is any kind of debt when you are receiving such services, things can be terminated for you. Under these circumstances, we will reinstate our services and rights solely under our discretion and this will be subjected to the receipt of the fees that is still unpaid as well as the reinstatement fee which is presently set to $200 US dollars. Charges can be applied for the credit card transaction when you hire certain services and that you can determine on your credit card statement as ServerTep.com.
Renewal and expiration of the services:
You are solely responsible to maintain the record regarding the domain name registration date and time. You have to prepare own reminders to determine when the expiration date is. You can also do the same for other services that we offer to you. However, to make things more convenient for our customers, we will notify you about these things via email or through your account and will let you know when the renewal date is and what will be the fee for it. If these fees will not be paid, then your services will be terminated, expired and cancelled. Payments can be done through credit card transactions or the payment methods that we allow or need with time. If you are selecting the option like automatic renewal of the services, then we will renew the services at a reasonable time period and before the expiration date. But to do that you need to have enough balance in the ServerTep account that you have created with us. And this account should remain updated from time to time. It is also your responsibility to keep a good track of the billing information and we can even contact you for updating this information when a problem arises with an attempted transaction or it was not processed smoothly.