Domain Name Service Agreement


  1. Purpose, Acceptance of Terms
    This Domain Name Service Agreement, together with all other documents and policies referenced herein, is a legal agreement (“Agreement”) between Jamie Mastrio a/k/a Internet Design Company (“IDC”, “InternetDesignCompany.com”, “we”, “us”, “our”, “ours”) and the customer purchasing domain name registration services, together with any company or other business entity you are representing, if any.IDC’s Universal Terms of Use, related domain name terms and policies, and any applicable purchase order terms are incorporated herein by reference. Unless otherwise stated, capitalized terms used herein have the meaning ascribed to them in the definition section below, the Universal Terms of Use, related domain name terms and policies, and purchase order (if any).
  2. Service
    IDC will submit the domain name(s) selected by you to the Registry Operator, for recording into the Registry database for top level domains. You represent and warrant that the domain name registration and the use of your domain name registration will not, directly or indirectly, infringe upon the rights of any third parties.You will be allowed to select the name servers to serve your domain name. Default name servers will be available for you if you do not have name servers available.IDC will collect, record and keep data about your identity and allow you to access and update your customer records. IDC will generate, record and keep additional information pertaining to the domain registration such as activation date, transfers and modifications. IDC will provide some or all of this data to the public as a public service at its sole discretion and as required by ICANN and applicable laws. You agree that the registration of your selected domain name is not guaranteed and that domains are offered on a first-come, first-served basis. The availability of any domain is subject to the results of queries to the databases of independent domain name registries. As such, IDC cannot take responsibility for inaccuracies in search results.
  3. Fees
    You agree to pay the fees for the Service in accordance with IDC published fee schedule. You agree to pay such fees for the initial registration and for subsequent renewals as outlined in the fee schedule. All fees are due prior to the registration or renewal date and are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of the registration term. Your domain name will be registered upon payment of the registration fee.
  4. Charge-Backs
    You agree that you will lose all rights upon the selected domain name in case of a charge back by your credit card company, credit card fraud or any other reversed payment. IDC will decide, in its sole discretion, whether to hold the name in its own portfolio or to release it for use by others. IDC will reinstate such names in its sole discretion and subject to reinstatement fee of $300, in addition to all other fees.
  5. Term
    The effective start date of this Agreement commences once you complete the sign-up registration process for the Service. You may terminate the Service with advance notice in writing only to IDC’ billing department by mail to our corporate address or by email to support@youritllc.com. You understand that there will be no reimbursement and no pro rate if you decide to terminate the services before the end of a prepaid term, regardless of the reason for the termination. IDC reserves the right to suspend, cancel, transfer or modify your domain name in the following cases (a) you materially breach this Agreement and do not cure such breach within 30 days of notice by us, (b) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement, (c) you use your domain name in violation of this Agreement or in connection with unlawful activity, at our discretion, or (d) you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet.
  6. Revocation
    You acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN agreement, policy, specification or procedure, by IDC, other Registrar or Registry Operator agreements, policies, specifications or procedures approved by ICANN, or by any other TLD Registry Operator (a) to correct mistakes by IDC, , other Registrar or the Registry Operator in administering the name or (b) for the resolution of disputes concerning the domain.You also agree that IDC shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration at any time, or at such time as IDC 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.
  7. Renewals, Redemptions, Transfers
    The renewal and redemption of the domain name provided to you as part of the Service is governed by our Domain Name Renewal and Redemption Policy. You agree that it is your sole responsibility to watch the expiration terms of your domain name and pay your renewal fees on time. Failure to pay the renewal fee will result in domain name suspension and eventual release of the domain name for use by others. Credit card accounts will be automatically renewed unless notified prior to expiration date of service. If a domain is not renewed prior to its expiration, a Renewal Grace Period of 30 days allows the Registrant to renew the domain at IDC’ standard rate. For additional information, please refer to IDC’ Domain Name Renewal and Redemption Policy.You understand that you will be prohibited from changing Registrars during the first 60 days of your domain name’s registration period and also during the first 60 days after a Registrar transfer of the domain name. You understand that enabling the “Domain Lock” option for a domain in your Domain Manager Application will apply the “Client Transfer Prohibited” status to that domain name, and that the domain cannot be transferred to another registrar while this status is in effect. This “Domain Lock” can also be removed via the Domain Manager Application.
  8. Registry Operator Role and Indemnification
    You understand and agree that IDC does not have control over other Registrars, the Registry or the Registry Operator. You agree and acknowledge that IDC is not liable or responsible in any way for any errors, omissions or any other actions by other Registrars, the Registry or the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration.
  9. Data Submission and Updates
    You agree to provide to IDC accurate and up-to-date data necessary to register and your domain and maintain your domain name registration, including but not limited to: the full name, postal address, e-mail address, telephone number and fax number (if available) of the Registered Name Holder; name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association or corporation; the full name, postal address, e-mail address, telephone number and fax number (if available) of the Administrative, Billing and Technical contacts for the domain WhoIs. IDC determines the nature of such data in its sole discretion considering the rules and procedures set forth by ICANN, other Registrars, the Registry and the Registry Operator. You agree to update all such data within seven (7) days of any change through your IDC Control Panel and to submit additional information, if needed. This can be done by following the support link at the top of the IDC’ home page www.InternetDesignCompany.com or by contacting IDC’ customer support at +1-888-848-1718.You acknowledge that you may be asked to submit a third party’s personal data. In such event you agree to secure the consent of such third party to have his/her (the third party’s) personal data submitted and used, as allowed by this agreement. You acknowledge that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be a sufficient basis for cancellation of your domain name registration.You acknowledge that if you intend to license the use of a domain name to a third party you are nonetheless the Registered Name Holder of record and are responsible for providing your own full contact information and for providing and updating accurate administrative, billing and technical contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name accepts liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by IDC 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.IDC will own all data collected during the registration process and reserves the right to use this data in its sole discretion in accordance with other Registrar, Registry, Registry Operator and ICANN requirements as well as applicable law. You are hereby advised that some or all of such data may be made available to the public. You agree and acknowledge that IDC owns all database, compilation, collective and similar rights, title and interests worldwide in IDC’ domain name database and all information and derivative works generated from its domain name database. IDC will take reasonable precautions to protect your domain name registration data from loss, misuse or disclosure.
  10. Notices
    IDC will contact you via the email address provided as the primary point of contact in the application form you used to sign up for the Service and which is contained in your control panel. You agree to monitor such contact email and to forward it to appropriate personnel and/or departments within your organization, as applicable. You agree to ensure that all contact information on file with us is kept current.
  11. Custom Support and Escalations
    IDC can be contacted at support@youritllc.com for all Domain Services questions, and support@youritllc.com for any Billing questions. We can also be reached by phone at +1-888-848-1718. In the event that you need to submit a complaint or concern, please contact us via the Billing or Domain Services email address above and your message will be escalated to the appropriate personnel.
  12. Domain Disputes
    You agree to be bound by IDC and ICANN’s “Uniform Domain Name Dispute Resolution Policy”. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time the applicable domain name registration is the subject of a dispute. You also agree that in the event of any such dispute, you will indemnify and hold IDC, other Registrars, Registry and Registry Operator harmless pursuant to this Agreement and the terms and conditions contained in the dispute policy.
  13. Transfer Disputes
    You agree to be bound by ICANN’s “Registrar Transfer Dispute Resolution Policy” (Dispute Policy), which is hereby incorporated into and made a part of this Agreement. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party. You also agree that, in the event that a domain name dispute arises with any third party, you will indemnify and hold Registrar, Registration Service Provider, Registry and Registry Operator harmless pursuant to the terms and conditions contained in the Dispute Policy.
  14. Whois Verification
    In accordance with ICANN’s WhoIs Accuracy Program Specification (https://www.icann.org/resources/pages/approved-with-specs-2013-09-17-en#whois-accuracy), IDC verifies WhoIs information by sending an email to the Registrant (owner) contact listed on the WhoIs record when a new domains is registered; a domain is transferred in to IDC; the Registrant information is updated; or we become aware of inaccurate WhoIs information. If the WhoIs verification is not completed within 15 days, the domain will be suspended and all related services will be interrupted until verification is complete. The expiry date of a suspended domain is not altered, and no refunds will be made for interruptions related to incomplete WhoIs verification. Previously verified contact information sets do not need to be re-verified. For more information visit http://verifymywhois.com or contact our Domain Services team at +1-888-848-1718 or support@youritllc.com.
  15. Limitation of Liability
    Neither IDC nor its affiliates or agents will be liable for any special, consequential, incidental or exemplary damages arising out of or in any way connected with this Agreement or the domain name registration Service, including but not limited to damages for lost profits, loss of use, lost data, loss of privacy, damages to third parties, even if IDC has been advised of the possibility of such damages. The foregoing limitation of liability will apply whether any claims are based upon principles of contracts, warranty, negligence or other tort, breach of any statutory duty, principles of indemnity or contribution, the failure of any limited or exclusive remedy to achieve its essential purpose or otherwise.IDC’ maximum aggregate liability shall not exceed the total amount paid by you for the Services for the previous six months from the incident giving rise to any such claim, or $500.00, whichever is less. In states where the limitation or exclusion of liability or incidental or consequential damages is not allowed, the above limitations or exclusions may not apply to you. In such cases IDC’ liability will be limited to the fullest extent permitted by applicable law.
  16. Miscellaneous
    This Agreement constitutes the entire understanding and contract between the parties and supersedes any and all prior and contemporaneous, oral or written representations, communications, understandings and agreements between the parties with respect to the subject matter hereof, all of which representations, communications, understandings and agreements are hereby canceled to the extent they are not specifically merged herein. The parties acknowledge and agree that neither of the parties is entering into this Agreement on the basis of any representations or promises not expressly contained herein.This Agreement may be modified occasionally in order to reflect the dynamic nature of the Internet as well as the contracts IDC has with other Registrars, Registry, Registry Operator and/or ICANN. You will be notified of such modifications if they are material to this Agreement or the Service. Any new features or products that change, augment or enhance IDC’ Service offerings will be subject to this Agreement. Your continued use of the Service will constitute your acceptance of these modifications. If you do not agree to any of such changes, your sole and exclusive remedy is to cancel your subscription to the Service and to have your domain name registration transferred to a different domain name Registrar.This agreement and all matters arising out of or relating to this Agreement shall be governed by the laws of the State of Minnesota without regard to its conflict or choice of law provisions. Any legal action or proceeding relating to this agreement or the provision of the Service shall be brought in the state or federal courts located in Minnesota. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
  17. Definitions

    You agree to be bound by any registry (mTLD Top Level Domains Ltd. “dotMobi”) rules, policies, and agreements for .mobi domain registrations.

    Notwithstanding anything contrary to this Agreement, mTLD Top Level Domain Ltd. (“dotmobi”) is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third-party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third-party beneficiary rights under this Agreement in agreeing to us being a Registrar for the .MOBI top level domain. Additionally, the third-party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement.

    As a .NAME Registered Name Holder, you certify, to the best of your knowledge, that the name you are registering is your legal, personal name, or that you own the intellectual property rights to that name. If at any time it is discovered that it is not your legal personal name, or your intellectual property, IDC and the .NAME Registry Operator, Global Name Registry (GNR) reserve the right to cancel your registration without refund, or transfer it to another party. In addition to the above, you agree to be bound by the provisions of ICANN’s Eligibility Requirements Dispute Resolution Policy (ERDRP), which is incorporated herein. Additionally, you agree to be bound by Verisign Inc.’s .NAME Acceptable Use Policy, which is hereby incorporated by reference. This policy prohibits you from using your .NAME Email to engage in certain activities including, but not limited to, spamming with a limit of 500 emails allowed to be sent from a single user at a time.

    As a .US Registered Name Holder, you hereby certify and agree that you meet all of the .US Nexus Requirements, which provide that Registered Name Holder’s must be either (i) a natural person (a) who is a United States citizen, (b) who is a permanent resident of the United States or any of its possessions or territories, or (c) whose primary place of domicile is in the United States of America or any of its possessions; or (ii) an entity or organization that is (a) incorporated within one of the fifty United States, the district of Columbia, or any of the United States’ possessions or territories or (b) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories; or (iii) a foreign entity or organization that has a bona fide presence in the United States of America or any of its possession or territories.

    You acknowledge and agree to be bound by the .us UDRP Nexus Dispute Policy. You acknowledge and agree that you have provided specific information regarding how you meet the Nexus Requirements and that you have willingly volunteered such information. You understand and agree that such information will be verified and will be shared with the .US Registry. You further acknowledge and agree that if such information cannot be verified, or if you fail to continue to abide by the Nexus Requirements, the registered domain name shall be subject to immediate cancellation.

    You acknowledge and agree that the name servers listed for your .US domain name(s) must be based within the United States of America or any of its possessions or territories. You acknowledge and agree that you are not permitted to purchase private or proxy .US registrations. You shall your personal information, which information you represent and warrant is current, accurate and complete register for any and all .US registrations.

    You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Belizenic and the Registry Operator (Afilias’) website, and which are incorporated herein.

    The following rules must be followed when registering a .bz domain: (a) domain names may include only letters, numbers, or hyphen (“-“); (b) domain names cannot begin or end with a hyphen; (c) domain names cannot have more than 63 characters, not including extensions; (d) the minimum length of a second or third level domain name is three (3) characters, not including extensions; (e) domain names considered offensive may be declined by the Registry or Registry Operator; (f) domains must have at least two configured and working nameservers in order to be entered into the zone file.

    You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies, and agreements, and any and all updates, revisions and modifications thereto, for this ccTLD, which may be found on the Registry Operator’s, CIRA, website, and which are hereby incorporated by reference.

    You acknowledge and agree that registration of your selected domain name in your first application to CIRA shall not be effective until you have entered into and agreed to be bound by CIRA’s Registrant Agreement.

    You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the Registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry or in the WHOIS shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.

    You acknowledge and agree that CIRA may, at its option, extend any period for the registration of a Domain Name at no charge to the Registrar or you for such further period of time as CIRA may determine, in its sole discretion.

    CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the Registrar Agreement between CIRA and the Registrar, and any or all of the Registry PRP and to adopt new Registry PRP not yet in effect. Any such amendment will be binding and effective on the Registrar and you thirty (30) days after CIRA gives notice of such amendment by email to the Registrar.

    You further acknowledge and agree that the Registrar may make changes to the Administrative Contact details at any time without having to comply with the change of critical information approval process (as set out in the applicable Registry PRP), provided you have granted your Registrar the authority to do so and have not revoked said authority. If you have two (2) or more Registrars, only one (1) of your Registrars may be granted said authority. You may at any time revoke said authority or provide said authority to another of your Registrars.

    You acknowledge and agree that your Registrar may, in accordance with the applicable Registry PRP, cancel your Domain Name Registrations within seven (7) days of activation and cancel the renewal of your domain name registration provided that the renewal term has not yet commenced.

    .CA ASCII and IDN domain variants are bundled and reserved for a single Registered Name Holder. Registered Name Holders are not required to register all variants in a bundle, but all registered variants must be registered and managed at a single Registrar. Each variant registered will incur a registration fee. In addition, when registering multiple .CA domain (ASCII and IDN) variants in a bundle, your WHOIS information must be identical. If variants are registered at other Registrars or if WHOIS information does not match, it may result in an “unavailable” search result, delayed or failed registration. If information does not match, validation is required and may take up to seven business days and delay availability of domain.

    You represent and warrant that you meet the eligibility requirements of these ccTLDs. You further agree to be bound by any registry rules, policies, and agreements for these ccTLDs. The registration guidelines for these ccTLDs are available through the Registry Operator (Verisign, Inc.) and are incorporated herein.

    You acknowledge and understand that by accepting the terms and conditions of this agreement you shall be bound by Registry policies and any pertinent rules or policies that exist now or in the future and which are posted on the Registry website at http://www.cointernet.co/domain/policies-procedures. You are responsible for monitoring the Registry’s site on a regular basis. In the event that you do not wish to be bound by a revision or modification to any Registry policy, your sole remedy is to cancel your domain name registration by following the appropriate Registry policy regarding such cancellation.

  18. Definitions
    Accredit means to identify and set minimum standards for the performance of registrations functions, to recognize persons or entities meeting those standards, and to enter into an accreditation agreement with ICANN that sets forth the rules and procedures applicable to the provision of Registrar Services. Jamie Mastrio a/k/a Internet Design Company is an ICANN accredited Registrar for defined TLDs.ccTLD is a country code Top-Level Domain owned by a specific country which may be administered by a third party Registry Operator. IDC registers the following ccTLDs: .bz, .cc, .tv, .us and .ws domains. IDC is an authorized Reseller to Tucows Inc. for .ca domain registrations. See more information below under the “TLD” definition.Data Escrow services are required by ICANN and ccTLD Registries. Registrar uses Iron Mountain for its WHOIS data escrow service. You hereby consent to the required data processing and escrow requirements set forth by ICANN and from any third-parties for data or information provided and/or stored.DNS refers to the Internet domain-name system governed by ICANN.ICANN refers to the Internet Corporation for Assigned Names and Numbers. ICANN is a California non-profit, non-government organization under contract with the U.S. Department of Commerce to manage the security and stability of Internet, including the Domain Name System.

    Registered Domain Name refers to a domain name within the domain of a TLD, whether consisting of two (2) or more levels (e.g., john.smith.name), about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).

    Registered Name Holder or Registrant means the holder of a Registered Domain Name. If an organization, association or corporation is listed in the Registrant section of the domain WhoIs data, that organization, association or corporation is considered to be the Registrant, with the individual person’s name listed being an authorized point of contact within that organization, association or corporation.

    Registrar refers to an entity accredited by ICANN authorized to administer domain name services, including Jamie Mastrio a/k/a Internet Design Company and Tucows Inc.. Tucows Inc. agreements are incorporated by reference into this agreement where applicable and can be found at http://opensrs.com/site/resources/agreements.

    Registrar Services means services provided by a IDC in connection with a TLD or Tucows in connection with a ccTLD as to which they haves an agreement with the TLD’s or ccTLD’s Registry or Registry Operator, and includes contracting with Registered Name Holders, collecting registration data about the Registered Name Holders, and submitting registration information for entry in the Registry Database.

    Registry means the electronic directory where all TLDs are held. The Registry administrator (RA) maintains the Registry.

    Registry Data means all Registry Database data maintained in electronic form, and shall include TLD Zone-File Data, all data used to provide Registry Services and submitted by IDC or Tucows in electronic form, and all other data used to provide Registry Services concerning particular domain name registrations or nameservers maintained in electronic form in a Registry Database.

    Registry Operator is the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the U.S. Government and that person or entity (those persons or entities), for providing Registry Services for a specific TLD or that country or providing Registry Services for a specific ccTLD.

    Registry Services shall have the meaning defined in the agreement between ICANN and the Registry Operator for that TLD or that Country or their Registry Operator for that ccTLD.

    TLD is a Top-Level Domain of the Domain Name System. IDC registers the following TLDs: include .biz, .com, .info, .mobi, .name, .net, and .org, domains. ccTLD is a country code Top-Level Domain owned by a specific country which may be administered by a third party Registry Operator. IDC, registers the following ccTLDs: .bz, .cc, .tv, .us and .ws domains. IDC is an authorized Reseller to Tucows Inc. for .ca domain registrations.