End User Agreement

OnlyDomains (hereinafter referred to as 'Registrar', or 'we') AND you (hereinafter referred to as 'Customer' or 'you') have agreed to be bound Registrar's Terms and Conditions effective from 10 May 2018, of which this 'Domain Name End User Agreement' shall be considered part of our Terms and Conditions. WHEREAS, Registrar is authorized to provide Internet registration and management services for TLDs, gTLDs, and New gTLDs. WHEREAS, the Customer wishes to purchase Registration and/or Management and/or Renewal and/or Transfer of TLDs, gTLDs, and New gTLDs. NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Customer, intending to be legally bound, hereby agree as follows:

• 'TLD' refers to .COM, .NET, .ORG, .AERO, .ASIA, .BIZ .CAT, .COOP, .INFO, .JOBS, .MOBI .MUSEUM, .NAME, .PRO, .TEL, .TRAVEL, and .XXX.
• 'gTLD' refers to .COM, .NET, .ORG, .AERO, .ASIA, .BIZ .CAT, .COOP, .INFO, .JOBS, .MOBI .MUSEUM, .NAME, .PRO, .TEL, .TRAVEL, and .XXX.
• 'New gTLD' refers to New Generic Top Level domains which may include any of the domain name extensions specified in Appendix A
• 'Customer' refers to the party submitting an order and entering into this agreement with the Registrar.
• 'Domain Order' refers to an Order fulfilled by the Customer through the Registrar under this Domain Name End User Agreement
• 'End User Agreement' refers to this specific agreement and appendixes
• Registrant refers to an entity either an individual or business in whose name the domain has been registered
• 'Registrar' refers to the Registrar of a Domain Order as in the Domain Management Database and/or shown in the Whois Record;
• 'Registry Operator' refers to the Organisation/Entity that maintains the registry of a TLD root level zone for a Domain name order;
• 'Whois Record' refers to the collection of all data elements of the Domain Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry;
• ICANN refers to Internet Corporation for Assigned Names and Numbers. ICANN is the regulatory authority that is designated for managing all gTLD domain names.
• 'RAA' refers to ICANN's 2013 Registrar Accreditation Agreement.
• IDN is an acronym for Internationalized Domain Name. IDN domain names are a domain name that includes language scripts that is not based on the standard 26 character alphabet used by the English language.

1. The Customer must ensure that the Registrant of each Domain Order must agree to be bound by the terms and conditions set forth by the Registrar of the Domain Name during the term of the Domain Order including the uses of any personal data of the uses of the Registrant. The Customer must familiarize themselves with such terms. The Customer acknowledges that the Registrar has various rights and powers as mentioned in the Registrar's terms and conditions. Registrar is not liable for any action taken by Registrar pursuant to the Registrar's terms and conditions, Acceptable Use Policy, or this End User Agreement. The Customer acknowledges and agrees that the Customer shall indemnify Registrar of, and shall be responsible for any liability resulting from Registrants' noncompliance with such terms and conditions.
2. The Customer will not make any changes to any information associated with the Domain Order without explicit authorization from the Registrant of that Domain Order.
3. For MOI domain registrations: If you register a domain name during a Limited Registration Period (“LRP”), please note that during the first year of such registration, the Registered Name Holder is prohibited from transferring such Registered Name to a new holder unless the new holder satisfies the criteria under which such Registered Name Holder registered the Registered Name.
4. The Customer must comply with all applicable terms and conditions, standards, policies, procedures, and practices set in place by ICANN, the Registrar and of the Registry Operator of their respective name spaces including policies regarding Sunrise period, Landrush period (or similar applicable phase), Early Access period if applicable, and General Availability period, premium name policies ( a list of Registry Operators and links to the policy documents are included in Appendix A) and further to acknowledge that the respective Registry and Registrar have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a sunrise registration.
5. The Customer must provide complete and accurate details of the Registrant (commonly known as the license holder of the domain name) and must have explicit consent to provide such data to Registrar and inform them of the uses of the personal data as set out in the Privacy Policy. The details they must provide include the full name, company/organization name (if applicable), full postal address, email address, voice telephone number, fax number (if applicable). Where the registrant is a legal entity, a name of a natural person representing the company/organization must be provided. Should any of these contact details change during the term of the registration license period, the Customer must ensure that the registrant details are updated within 7 days of these details changing.
6. The Customer may not willfully provide false or misleading registrant contact details. Should any details provided are found to be inaccurate or incomplete; the customer must ensure that the registrant details are updated within 7 days of the original submission. It is the responsibility of the Customer to ensure that registration detail for the domain name license are complete and accurate and failing to provide complete or accurate details constitutes a material breach of this agreement.
7. The Registrar may request for the Customer to verify the contact details of themselves and additionally the registrant of a domain name record. Should the Registrar request to validate information, and the customer fails to respond within 15 days, the Registrar may suspend and/or cancel the domain name registration. Failing to respond to such requests from the registration constitutes a material breach of this agreement. The Registrar may request the provision of documentary evidence for the verification.
8. The Customer acknowledges that the registrant (the registered name holder) of a domain is responsible for providing its own full contact and information and as of consequence is responsible for the use of the domain name and assumes all liability associated with using this domain name. Should the registrant license the use of a domain name to a third party, the registrant must provide full and valid contact details of the licensee within 7 days of such information being requested. Any such requests may be required, should there be sufficient evidence of actionable harm. Additionally, it is the responsibility of the registrant to notify the third party licensee of the domain name of all Customer obligations as defined in this agreement (End User Agreement), and to acknowledge and abide by these terms, our Terms and Conditions, and Privacy Policy.
9. If a registrant is collecting and maintaining sensitive health and financial data, they must comply with applicable laws on the provision of such services and including security measures applicable to that sector.
10. Customer agrees that any Services provided by the Registrar will be used for lawful purposes and will not use the Services to engage in activities such as the distribution of malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, this is defined further in our Abuse Policy. Should such activity occur of any of the Services held by You, Registrar reserves the right to suspend, lock or otherwise disable the domain name or website.
11. Customer acknowledges and agrees to be bound by our Privacy Policy, Acceptable Use Policy, and our Terms and Conditions.
12. Customer acknowledges that registration and renewal fees for some domain names in any applicable domain extension are variable and shall differ from registration and renewal fees for other domain names within that same TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names. Customer further acknowledges that the registration, renewal and transfer fees for each applicable TLD are variable.
13. Customer acknowledges and consents for us to use their personal details for the primary purpose for which it is collected (eg. provision of our services, including administration of our services, notification to you about changes to our services, record-keeping following termination of our services to you and technical maintenance, compliance with laws, and to such third parties in providing the services). Customer shall also ensure the Registrant acknowledges and agrees for our use of their personal information for the above purposes and shall document and provide evidence to that effect upon our request. As a Registrar, Registrar is required to pass on the full name, mailing address, telephone and fax numbers, and email address of the Registrant to the relevant registry when you apply to register, renew, or transfer a domain name to us. This function is required to facilitate registration and to ensure registry records are correct and current. We may use such information related to the primary purpose of collection and also for circumstance where you would reasonably expect that we would use the information. This information is only disclosed to persons outside our business in the circumstances set out in the Privacy Policy or as otherwise notified to you at the time of collection of the information.
14. Registrar is committed to compliance with high standards of Data Privacy as set out in the General Data Protection Regulation of the EU, Customer data and end user data are kept securely and safely and are used to offer you a better service. Please refer to the Privacy Policy to understand how we use collect and process personal data and about your rights and the rights of the registrant.
15. The Customer must acknowledge that we as a registrar are required to store/record all domain name information including WHOIS data from domain name records of TLDs, gTLDs, and New gTLDs for a limited-period after the domain name is deleted or transferred away from our registrar sponsorship. We are required to this in accordance with ICANN's RAA for the purpose of protecting the rights of the registrant. Registrar reserves the rights to delete such personal data and only retain such data as required to comply with other lawful and statutory obligations. Registrar may redact, delete and or anonymise such data in its sole discretion.

In addition we are permitted to use or disclose personally identifiable information held about you:

• Where you have consented to the use or disclosure;
• Where we reasonably believe that the use or disclosure is necessary to lessen or prevent a serious, immediate threat to someone's health or safety or the public's health or safety;
• Where we reasonably suspect that unlawful activity has been, is being or may be engaged in and the use or disclosure is a necessary part of our investigation or in reporting the matter to the relevant authorities;
• Where such use or disclosure is required under or authorised by law (for example, to comply with a subpoena, a warrant or other order of a court or legal process);
• Where we reasonably believe that the use or disclosure is reasonably necessary for prevention, investigation, prosecution and punishment of crimes or wrongdoings or the preparation for, conduct of, proceedings before any court or tribunal or the implementation of the orders of a court or tribunal by or on behalf of an enforcement body.

The Customer must also ensure that the registrant agrees and acknowledges our Terms and Conditions, Privacy Policy and this End User Agreement.

Registrar and Service Providers, in their sole discretion, expressly reserve the right to freeze, delete, suspend, deny, cancel, modify, take ownership of or transfer any Domain Order, in order to comply with any applicable Dispute policies or recognized Dispute processes, requests of law enforcement or recognized security organizations such as CERT, or in compliance with any Court Orders, or if Registrar or Service Providers in their sole discretion determine that the information associated with the Domain Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the Domain Order ownership should belong to another entity, or if Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar and the Registry Operator. The Customer agrees that Registrar and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar and Service Providers, are not liable for loss or damages that may result from any of the above being undertaken.

In the event of any dispute concerning the time of the entry of a Registered Name registration into the Registry System, the timestamp shown in the Registry System records shall control.

If there are any discrepancies/inconsistencies between the translated version and the English version of this agreement, the English version shall prevail

Registrar will continue to provide its own WHOIS privacy service, which will not disclose the contact details of the actual owner from appearing in the public WHOIS Lookup Result of the domain name when the WHOIS Privacy Service is ordered with a domain name.

1. Customer acknowledges and agrees that the contact information being displayed in the WHOIS of a privacy protected Domain Order will be those designated by the Registrar, and

   • any mail received via post at this Address will be rejected;
   • Any telephone call received at this Telephone Number would be greeted with an electronic answering machine requesting the caller to email the email address listed in the WHOIS of this privacy protected domain name;
   • the sender of any email to an email address listed in of the domain name in the WHOIS Privacy service will be forwarded to the email address listed as the registrant contact of the domain name record
   • a copy of the content of any email message sent to your WHOIS Privacy email address maybe copied and archived by Registrar
2. Customer agrees that we cannot guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, of a privacy protected Domain Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
3. Customer understands that the Privacy Protection Service is only available for certain TLDs, gTLDs and New gTLDs and they it may not be offered for all TLDs
4. Irrespective of whether Privacy Protection is enabled or not, Customers and Registrants are required to fulfill their obligations of providing true and accurate contact information to the Registrar as detailed in the Agreement
5. Customer understands and acknowledges that Registrar in its sole, unfettered discretion may discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
   • if Registrar receives any abuse complaint for the privacy protected domain name, or
   • pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
   • for the resolution of disputes concerning the domain name
   • or any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services
6. For the purpose of participating in ICANN's Registrar Data Escrow program, we will securely disclose your actual details to ICANN's nominated Registrar Data Escrow provider for the purpose of protecting the rights of a registrant as the licensed holder of a domain name. At present, such disclosures will be encrypted and securely sent by electronic means to Iron Mountain Intellectual Property Management, Inc, who are presently ICANN's recommended Registrar Data Escrow (RDE) Provider.
7. If Customer wishes to have their full information displayed in the public WHOIS Lookup Result of the domain name, this must be specifically requested and may still be covered by privacy services by the Registry.
8. WHOIS Privacy may not be available for all domain name registrations if the Registry Policy specifically mandates publication and you consent to registration terms.

Customer and Registrant agree to release, defend, indemnify and hold harmless the Registrar, and All Registry Providers used by the registrar, ICANN, ICANN's approved registries, our nominated WHOIS Privacy agent, Data Escrow providers, extending to all subsidiaries, affiliates, shareholders, agents, directors, officers and employees of these previously mentioned entities from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney's fees, arising out of or related in any way to incurred by Registrar directly or indirectly arising from:

(i) Customer's and/or Registrant's use of and access to this Site or the Services (including WHOIS Privacy service) found on our web site;
(ii) Customer's and/or Registrant's violation of any provision of this Agreement or the policies or agreements which are incorporated herein; and/or
(iii) Customer's and/or Registrant's violation of any third-party right, including without limitation any intellectual property or other proprietary right.

Domain names are registered for fixed periods that are subject to renewal. Unless otherwise elected by you, you agree that we will automatically renew your domain names. Please check the renewal settings in your interface to ensure the auto-renew function is active. We will send several email communications to customers and/or the agents acting on their behalf to alert them that their domain name registration services will expire on a certain date. If a Customer does not renew the domain name registration by the expiration date, the domain name registration is subject to deletion at any time after that. We provide a grace period that extends 35 days past the expiration date, to allow for the renewal of domain name registration services. During this period a Customer can renew a domain name registration; however, a grace period is not guaranteed and can change or be eliminated at any time without notice. Consequently, every customer who desires to renew his or her domain name registration services should do so in advance prior to the expiration date to avoid any unintended domain name deletion.

If an expired domain name registration is not renewed during any grace period provided by Registrar, the domain name registration will be deleted. Registry Operators may provide registrars with the ability to 'restore' a deleted domain name registration for a Customer. Such a Redemption Grace Period (RGP) is not guaranteed and customers should renew their domain name registration services in advance of the domain name registration expiration date(s) to avoid deletion of domain name registration services. Currently, the Registry Operators provide an RGP for 30-45 days from the date of deletion. When we provide a redemption service to a Customer, an additional fee of is charged to restore and renew a domain name registration during the RGP. If the domain name registration is not redeemed by the expiration of the RGP, it is then placed on 'Pending Delete' status for five additional days, after which time it is deleted and the domain name character string is once again available for registration.

Below is the general Lifecycle for TLDs, gTLDs, and New gTLDs
*Please note: This life cycle will apply to most domain extensions, however some exceptions to this lifecycle can occur

In the event that a domain name registration is the subject of a Uniform Domain Name Dispute Resolution Policy (uDRP) proceeding and expires or is deleted during the course of the dispute, the party that filed the uDRP proceeding has the option to renew or restore the domain name registration under the same commercial terms as the original customer. If the case ultimately is terminated or the arbitrator finds against the filing party, the name will be scheduled for deletion. For more information about the Uniformed Domain name Dispute Resolution policy, please visit:

http://www.icann.org/en/help/dndr/udrp

In the event that a domain name registration is the subject of a Uniform Rapid Suspension system (URS) proceeding and expires or is deleted during the course of the dispute, the party that filed the URS proceeding has the option to renew or restore the domain name registration under the same commercial terms as the original customer. If the case ultimately is terminated or the arbitrator finds against the filing party, the name will be scheduled for deletion. For more information about the Uniform Rapid Suspension process, please visit:

http://newgtlds.icann.org/en/applicants/urs

For pricing relating to the registration, renewal, transfer and redemption (restore) fees, please refer to our Pricing Page for full pricing details

As an ICANN accredited registrar, we are required to comply with the WHOIS Accuracy Program Specification requirements as outlined in the 2013 ICANN's RAA (RAA).

For any TLD, gTLD or New gTLD domain name that is registered after January 1 2014, or for any existing TLD, gTLD or New gTLD that is transferred to us after January 1 2014, or for any existing TLD, gTLD or New gTLD that is modified after January 1 2014 or for any other reason requiring additional verification, we may require you to take additional steps to verify your contact details through the process of acknowledgement.

We may send such verification requests by email or by Short Message Service ("SMS") or through an automated telephone verification process.

It is your responsibility to complete the verification process within 15 days of us providing you with such a verification request. Failing to participate in this verification process may result in us suspending the use or your domain name, or policy deleting your domain name in accordance with ICANN's published policies.

Unlike the traditional TLD and gTLD domain names, the New gTLDs are subject to further dispute resolution mechanisms which may include:

(i) the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP) or
(ii) the Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN or
(iii) Uniform Rapid Suspension (URS) system adopted by ICANN


Both Registrar and the Registry Operator will comply with these following dispute resolution mechanisms which may be revised from time.

Additionally, both Registrar and the Registry Operator also agree to implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy resulting from determination by any PDDRP or RRDRP panel) and to be bound by any such determination; and the Uniform Rapid Suspension system ("URS") adopted by ICANN, including the implementation of determinations issued by URS examiners.

You further agree to indemnify, release, and hold harmless, both OnlyDomains, the Registry Operator, ICANN, for any actions taken by us or the registry operator following a decision for any such dispute resolution procedures or providers.

Registrar acknowledges that it does not enjoy access to Registry systems that is in any way superior to that of any other accredited Registrar.

11.1 Export Restrictions You represent and warrant that you directly or indirectly are: A) not in or from any country that is subject to comprehensive U.S., EU and or UK export or sanctions restrictions (currently including, but not limited to, Iran, Sudan, Syria, and North Korea ), nor are you intending to offer the services to any national of any such country present within or who intends to transmit or sell domains to such country unless specifically licensed for such export; (B) not using the services in the design, development or production of nuclear, chemical or biological weapons or in the financing of terrorism; nor (C) are you listed as or are owned or controlled by a sanctioned person or entity or prohibited party on any list published by the U.S. government, including the list of Specially Designated Nationals (SDNs) published by the US Treasury Office of Foreign Assets Control (OFAC), or a person or entity on a sanctioned or restricted parties list published by an applicable jurisdiction.

The indemnification obligations under this section shall survive any termination or expiration of this Agreement. Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this agreement in accordance with its terms but each party shall be liable for any damage arising from any breach by it of this agreement.

In the event that any individual clauses or points in this agreement are not enforceable, the remainder of clauses or points in this agreement shall remain enforceable.