Domain name registration agreement

1. ACCREDITATION, ICANN AND REGISTRY TERMS

PLANETHOSTER is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar, along with being accredited by various ccTLD (country code top level domains, such as .fr and .ca) registries. You acknowledge and agree that as an ICANN-accredited registrar, PLANETHOSTER is bound by an agreement with ICANN. You acknowledge and agree that PLANETHOSTER may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or ccTLD in question. As used herein, the terms "registry" or "Registry" shall refer to the domain name registry applicable to the TLD or ccTLD in question.

2. Registry Policies.

You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration. IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD.

3. Registration Requirements.

To the extent any TLD or ccTLD requires you meet eligibility, such as residency requirements, DNS validation or other authentication requirements as a condition to registering a domain name in the TLD, you agree that by submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew/restore the domain name is complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; and (d) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.

4. ICANN Requirements.

You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN.

Indemnification of Registry.

You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

5. FEES AND PAYMENTS & RENEWAL AND DELETION

a) By default the renewal of the SERVICES is automatic. The CLIENT may disable this option in the “service” tab of the PLANETHOSTER member space no later than 30 days prior to the expiry of the original contract. When the CLIENT chooses to pay by credit card, the system will automatically debit any new invoice amount 15 days prior to the expiry of the original CONTRACT, i.e. 15 days before the SERVICES’ renewal. In the event of failure, the CLIENT will be notified by email and shall, therefore, pay for the SERVICES in any other manner provided for by the CONTRACT.

b) Manual Renewal. If you do not select that the domain name be automatically renewed (through either Auto Renew), you have the responsibility of logging into the members space for that domain name and manually renewing by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.

c) All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. If for any reason PLANETHOSTER is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your payment information current, which includes the expiration date if you are using a credit card.

Domain names will be deleted from 1 to 10 days after they have expired. If PLANETHOSTER makes any material changes to its deletion policy during the period of the registration agreement, it will make an effort to inform the registrant of the changes that affect them.

You agree that PLANETHOSTER will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for ID Protection, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.

Extenuating circumstances may halt or delay the cancellation of a domain if it is eligible for cancellation. These circumstances include UDRP action, a valid court order, failure of PLANETHOSTER's renewal process, registrant subject to bankruptcy proceedings, registrant payment dispute with PLANETHOSTER, registrant billing dispute with PLANETHOSTER, domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN. In the absence of extenuating circumstances (defined above) a domain name will be deleted within 45 days of either PLANETHOSTER or the registrant terminating a Registration Agreement.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay PLANETHOSTER a restoration fee to redeem your domain name. The restoration fees per TLD are listed on https://www.planethoster.com/en/Domain-Names and are subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.

In the event that a domain which is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the name under the same commercial terms as the registrant. If the complainant renews or restores the name, the name will be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for the registrant will be removed, and the WHOIS entry will indicate that the name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the name will be deleted within 45 days. The registrant retains the right under the existing redemption grace period provisions to recover the name at any time during the Redemption Grace Period and retains the right to renew the name before it is deleted.

4. TERM OF AGREEMENT AND TRANSFERS

The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through PLANETHOSTER.

5. UP TO DATE INFORMATION, USE OF INFORMATION AND EXPIRATION

You agree to notify PLANETHOSTER within seven (7) days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide PLANETHOSTER with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within fifteen days to any inquiries made by PLANETHOSTER to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for the purchase of your domain name.

You agree that for each domain name registered by you, the following contact data is required: full name, postal address, email address, telephone number, and if available, a facsimile (fax) number for the Registered Name Holder, technical contact, administrative contact and a billing contact. In the case of a Registered Name Holder that is an organization or corporation, the name of an authorized person is also necessary for contact purposes. In addition, the names of a primary and secondary nameserver must be given unless the Registered Name Holder had specified during the order process to use PLANETHOSTER’s default nameservers, or had ordered the domain alongside PLANETHOSTER hosting, which by default uses PLANETHOSTER’s nameservers.

You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator or registrar, for their use, copying, distribution, publication, modification and other processing for (among other uses in accordance with our Privacy Policy) the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from Canada to the EU, for example. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both PLANETHOSTER and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse.

Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative 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 according to this provision shall accept 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 agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy:

• * The domain name;
• * Your name and postal address;
• * The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
• * The Internet protocol numbers for the primary and secondary name servers;
• * The corresponding names of the name servers; and
• * The original date of registration and expiration date.
• * Name of primary name server and secondary name server.
• * Identity of the registrar.

PLANETHOSTER will provide notice to each new and renewed Registered Name Holder, which states:

• * The purposes for which any Personal Data collected from the applicant are intended.
• * The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator).
• * Which data are obligatory and which data, if any, are voluntary.
• * How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.

PLANETHOSTER will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.

6. DISPUTE RESOLUTION POLICY

You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that PLANETHOSTER may from time to time modify its Dispute Resolution Policy. PLANETHOSTER will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with PLANETHOSTER after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review PLANETHOSTER's website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your SERVICES with PLANETHOSTER as a result of the modified Dispute Resolution policy, no fees will be refunded to you.

You agree that if a dispute arises as a result of one (1) or more domain names you have registered using PLANETHOSTER, you will indemnify, defend and hold PLANETHOSTER harmless as provided for in this Agreement. You also agree that if PLANETHOSTER is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using PLANETHOSTER, that PLANETHOSTER, in its sole discretion, may take whatever action PLANETHOSTER deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event, you agree to hold PLANETHOSTER harmless for any action taken by PLANETHOSTER.

You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., Canada for .CA, UK for .EU, etc.).

In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.

7. TRANSFER AGREEMENT

You agree that you will not transfer any domain name registered through PLANETHOSTER to another domain name registrar during the first sixty (60) days after its initial registration date. If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement. You may view the latest version of our Domain Name Transfer Agreement online. In order to further protect your domain name, any domain name registered with PLANETHOSTER or transferred to PLANETHOSTER shall be placed on lock status. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from PLANETHOSTER to a new Registrar. You may log into your members space with PLANETHOSTER at any time after your domain name has been successfully transferred to PLANETHOSTER, and change the status to unlock.

8. YOUR OBLIGATIONS, SUSPENSION OF SERVICES AND BREACH OF AGREEMENT

1) Your ability to use any of the services provided by PLANETHOSTER is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN or ccTLD registry for the TLD in question;

2) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any PLANETHOSTER or registry procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by PLANETHOSTER or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.

You acknowledge and agree that PLANETHOSTER and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either PLANETHOSTER or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by registry or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute.

You agree that your failure to comply completely with the terms and conditions of this Agreement and any PLANETHOSTER rule or policy may be considered by PLANETHOSTER to be a material breach of this Agreement and PLANETHOSTER may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide PLANETHOSTER with material evidence that you have not breached your obligations to PLANETHOSTER within ten (10) business days, PLANETHOSTER may terminate its relationship with you and take any remedial action available to PLANETHOSTER under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by PLANETHOSTER to you. No fees will be refunded to you should your SERVICES be cancelled or terminated because of a breach.

PLANETHOSTER's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.

The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.

9. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

You agree not to use the services provided by PLANETHOSTER, or to allow or enable others, to use the services provided by PLANETHOSTER for the purposes of:

• * The transmission of unsolicited email (Spam); and
• * Repetitive, high volume inquires into any of the services provided by PLANETHOSTER (i.e. domain name availability, etc.).

You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name.

10. DOMAIN ADD-ONS

1) WHOIS ID Protection

ID Protection offered by PLANETHOSTER is a service that allows you to protect your identity in the WHOIS system. It also enables you to receive less spam email, as the proxy email that is set up on behalf of the service forwards all received email to your new address after being filtered for spam. However, during domain name registration, you must still provide valid contact information as described in section 5 of this Agreement. PLANETHOSTER still shares this contact information with a data escrow service as required by ICANN for all ICANN-registered domain names, and will give the real contact data to authorities if obligated to do so under the law.

The process to report abuse of a domain name registration with Whois ID Protection is the same for that of all domains: through our dedicated abuse email address abuses@planethoster.net. All abuse reports are looked at at most 24 hours after an email or ticket is received by our abuse department, a sub-department of PLANETHOSTER’s Support department. In responding to these reports, our support engineers will take all necessary and appropriate actions in order to be conformant with ICANN's RAA 2013 section 3.18.2.

PLANETHOSTER will terminate the WHOIS ID Protection service if we stop receiving payments from you, or if the service is cancelled by you via our client area. If a domain is set to auto renew (which it is by default), the auto renewal of the domain will also renew the WHOIS ID Protection service if that service was previously active for the Registered Name. PLANETHOSTER will also terminate this service once a domain is transferred or terminated for any reason, including domain name termination for reasons of abuse or dispute resolution as per section 6 of this Agreement.

In order to access support for Whois ID Protection, customers may contact PLANETHOSTER support through one of the ways mentioned on this web page: https://www.planethoster.com/en/Contact.

11. COUNTRY CODE TOP LEVEL DOMAINS

You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country's laws.