Domain Name Registration Service Agreement
Last Modified: January 29, 2019
This Domain Name Registration Agreement (“Agreement”) is between Focus IP, Inc. dba AppDetex (“AppDetex”) and you (“You”, Customer” or “Registrant”). This Agreement, the provision of domain name registration services, any related technical and administrative services, including use of the AppDetex website (located at www.appdetex.com) is governed by the Agreement. Customer agrees to be bound by this Agreement, including all exhibits hereto, and all documents incorporated by reference, including those referenced by their URL’s within this Agreement.
You understand that this Agreement incorporates certain policies and rules from the Internet Corporation for Assigned Names and Numbers (ICANN) and ICANN’s Registration Accreditation Agreement (“RAA”) and also requires You to agree to additional terms specified in contracts with applicable Registry Operators. This Agreement is subject to change, either by AppDetex or ICANN and it is your responsibility to periodically review this document and all incorporated documents from time to time.
1.1. gTLDs/New gTLDs: Customer acknowledges and agrees to the following terms and conditions for any gTLD registrations (“gTLD” as used herein means any generic Top Level Domain – .com, .org, .xyz, .christmas, etc.): (1) AppDetex is, your sponsor for your gTLD registration submissions; (2) registrations or renewals of gTLD domain name registrations are not effective until we deliver them to the Registry Operator for the respective gTLD and the Registry Operator puts it into effect; (3) all rules and regulations of any applicable Registry Operator for any gTLDs available through AppDetex apply to any submission for registrations;(4) all terms and conditions of ICANN’s Uniform Domain Name Dispute Resolution Policy and Rules (the “UDRP”), as currently amended and in effect, are hereby incorporated herein and apply to any submission for registrations; (5) any other policies adopted by ICANN apply to any submission for registrations and to this Agreement; and (6) all relevant gTLD / New gTLD Policies.
1.2. ccTLDs: Any Services requested by You related to any ccTLDs (“ccTLD” as used herein means any country code Top Level Domain — e.g., .uk, .de, .au, .ar, etc.) are subject to the following terms and conditions: (1) all terms, rules and regulations of each ccTLD Registry Operator or registrar utilized, at anytime; (2) any dispute resolution policies adopted by utilized Registry Operators; (3) Customer is responsible for promptly gathering any information required by each ccTLD Registry Operator and for providing such information to AppDetex in the manner required; (4) providing certain ccTLD Registry Operators with certain items such as letters, corporate Identification numbers, or other documents to be submitted either by AppDetex or submitted directly from Customer; (5) Customer may request administrative and technical contacts including name servers to be changed at time of initial transfer for no additional fee; (6) Customer is responsible for all third party costs, which are not included in the registration or transfer fee and will be quoted separately for each domain name, and,(7) all relevant ccTLD Policies.
1.2.1 Local Presence Services – ccTLD Registrations: Because of the requirements of certain ccTLD registries, AppDetex has contracted with third party vendors to provide local contacts, and where required, local presence services for AppDetex’s customers in an effort to qualify its customers for registration of domain names with those ccTLD registries. AppDetex’s services shall not be construed as including legal or tax advice with respect to the registration and management of any of the customer’s domains registered with any such ccTLDS, whether managed through AppDetex or by the customer directly. You are advised to seek international legal and tax advice pertaining to the utilization of any such local presence and local contact services. In some cases, utilization of local presence services may require that the WHOIS record for such ccTLD indicate that the local agent is the owner of such domain name. By agreeing to utilize any such local presence or contact services, you agree that: (a) AppDetex is authorized to contract with the third party vendor on your behalf; and (b) AppDetex is granted the limited right and license to register the requested ccTLD domain name in the name of its third party provider, where required or demanded by the ccTLD.
APPDETEX SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ANY USE, ERRORS, DELAYS, OMISSIONS, OR FAILURES TO TRANSMIT RELATED TO THE CCTLD SERVICES, INCLUDING WITHOUT LIMITATION, ANY ERRORS IN TRANSLATION OR ANY FAILURES TO QUALIFY FOR THE APPLICABLE CCTLD UNDER ITS RESPECTIVE RULES. APPDETEX SHALL NOT BE LIABLE FOR ANY ACTIONS BY ANY THIRD-PARTY VENDOR, WITH RESPECT TO CCTLD REGISTRATIONS OR ANY ACTIVITY REQUIRED UNDER ANY CCTLD REGISTRY RULES. THE THIRD-PARTY VENDOR ACTIVITIES ARE PROVIDED PURSUANT TO THE REQUIREMENTS OF THE CCTLD AND CUSTOMER ASSUMES ALL RISK AND LIABILITY ASSOCIATED THEREWITH. NO WARRANTY OR GUARANTEE BY APPDETEX IS EXPRESSED OR IMPLIED WITH RE.
1.3. Limitations on Registration and Renewal: Customer acknowledges and agrees to the following: (1) AppDetex cannot guarantee that Customer will be able to register, transfer or renew a desired domain name, even if a query indicates that domain name is available (given that the requested domain name may simultaneously be sought by a third party) or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS databases; (2) AppDetex is not liable or responsible in any way for any errors, omissions or any other actions by any Registry Operator or registrar arising out of or related to Customer’s application for and registration of, renewal of, transfer of or failure to register, transfer or renew a particular domain name; (3) AppDetex may elect to accept or reject any of Customer’s submissions for registration or renewal for any reason in its sole discretion, including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name or rejection due to a potential infringement of someone else’s rights or otherwise; and, (4) AppDetex is not liable or responsible in any way for any errors, omissions or any other actions, or the consequences or results of any actions, by any Registry Operator or registrar arising out of or related to Customer’s application for and registration of, renewal of, or failure to register or renew a particular domain name or other registration services.
1.4. Domain Name Registration Services:
1.4.1. Domain Name Registrant: Customer acknowledges and agrees that the entity that controls the domain name will be the entity named as the Registrant for the domain name at the time of initial registration with AppDetex.
1.4.2. Representations: Upon a request for AppDetex to register a domain name or maintain, transfer or renew a domain name registration, Customer agrees to the following representations and warranties: (1) any statements that Customer makes in connection with such registration, transfer, maintenance, or renewal are true, complete and accurate; (2) to Customer’s knowledge, the registration of the domain name will not infringe upon or otherwise violate any intellectual property rights of any third party; (3) Customer is not registering the domain name for any immoral or unlawful purpose; and (4) Customer will not knowingly use the domain name in violation of any applicable laws, policies or regulations.
1.4.3. User Name and Password: Customer agrees as follows: (1) Customer is assigned a username and password when it first applies to use AppDetex’s system; (2) Customer’s username and password are the sole means for accessing AppDetex’s Services; (3) AppDetex is not liable for the unauthorized use or misuse of Your Username or password; (4) Customer is solely responsible for maintaining the confidentiality of its username and password; and (5) Customer is solely responsible for any unauthorized activities, charges and/or liabilities made on or through a login name until we receive written notification from You of any unauthorized use of Your username or passwords.
1.4.4. Renewals: The AppDetex system is designed to notify the Primary User (“Primary User” as used herein means the person(s) designated within the AppDetex system as having control over the user ID and password for Customer) at least thirty (30) days before a domain renewal fee is due. AppDetex will update the system to automatically renew gTLDs and ccTLDs under management on the first day of each month for any domains expiring within that calendar month. AppDetex will assume you desire to have expiring domain name renewed, unless You instruct AppDetex otherwise. We will charge the credit card You used to secure the initial term of registration with us, or bill your account, as applicable, the following month in accordance with the payment terms described below. AppDetex charges a recovery fee of $150, in addition to any other applicable payment terms, for any domain names recovered after deletion during the ICANN mandated Redemption Grace Period.
1.4.5. Transfers: Transfers are governed by the ICANN Transfer Policy, including the Registrar Transfer Dispute Resolution Policy (“TDRP”), and Uniform Domain Name Dispute Resolution Policy (“UDRP”), and the Uniform Rapid Suspension Procedure & Rules (“URS”) which are subject to modification from time to time. Customer agrees to the terms and conditions set forth in the above URLs and acknowledges and agrees that any such terms, modifications or changes thereto are not within AppDetex’s control.
1.4.6. In-System Domain Modifications: Customer may perform all Domain Modifications affecting Automated Domains at no charge. Customer agrees that all domain modifications performed by AppDetex are subject to its standard domain modification fees.
1.4.7 Suspension, Cancellation, Transfer or Modification: Customer acknowledges and agrees that AppDetex may suspend, cancel, transfer or modify your use of the Services at any time, and for any reason, in its sole discretion. Without limiting the foregoing, AppDetex may suspend, cancel, transfer or modify Customer’s domain name registration if: (1) You materially breach this Agreement (including any applicable additional rule or policy) and do not cure such breach within five (5) calendar days of notice by AppDetex; (2) You use the domain name registered to You to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or otherwise violate any ICANN policies or procedures; or (3) You use your domain name in connection with unlawful or immoral activity. You further acknowledge and agree that your domain name registration may be subject to suspension, cancellation, transfer or modification pursuant to the terms of any rules or policies applicable to your domain name registration, including, but not limited to: (a) the UDRP; (b) the URS; (c) the TDRP; (d) any ICANN adopted specification or policy; (e) any Registrar (including AppDetex) or Registry Operator procedures; and (f) any applicable policy adopted by any gTLD or ccTLD Registry Operator or sponsor.
1.5. Orders: Customer agrees that any Orders submitted to AppDetex, are subject to all of the terms of this Agreement. Orders for Services may be placed by Primary User or any Sub-User (“Sub-User” as used herein means any person(s) designated within the system by Primary User as having special permissions) by e-mail, or telecopy.
1.6. Payment: Customer’s domain name application, renewal application, or registrar transfer request will not be submitted to the applicable Registry Operator unless AppDetex receives actual payment of the registration, renewal, or transfer fee. Customer agrees to pay AppDetex for all fees charged in connection with any accepted Orders hereunder. AppDetex shall submit invoices to Customer at the beginning of each calendar month, which shall reference the Fees associated with all Orders and recurring Services accepted by AppDetex during the prior month.
Customer shall not, under any circumstances, receive any credits or refunds in connection with any Services which have been paid in full, including, without limitation, any: (1) fraudulent registration; (2) registration in bad faith; (3) loss of a domain dispute via the UDRP, URS or TDRP; (3) reversal decision by the Registry; (4) cancellation by AppDetex due to Customer spamming, or other violations of this Agreement by Customer; (5) closed Services; (6) cancellation for any reason by Customer; or (7) inability on the part of any Registry Operator or registrar to deliver or otherwise complete the Services requested.
1.7. Trademark Clearinghouse (TMCH): The Trademark Clearinghouse (TMCH) is the rights protection mechanism built into ICANN’s new gTLD program. As a brand owner, You can submit your trademark data into the TMCH centralized database, both prior to and during the launch of new gTLDs. Please review the following:
TMCH General FAQs: Search the Frequently Asked Questions for common TMCH issues and solutions. http://www.trademark-clearinghouse.com/help/faq.
TMCH Support: This page lists the different resources available to resolve any issues You might encounter: http://www.trademark-clearinghouse.com/content/support.
TMCH How To Manuals: The How To manuals walk You through the TMCH processes. These dedicated videos highlight important steps to follow: http://www.trademark-clearinghouse.com/content/quick-reference.
1.8. Changes to Service:
1.8.1. AppDetex may change these terms and conditions either through amendments by AppDetex, changes in ICANN’s policies and procedures, changes to applicable laws, or the additional terms imposed by registry operators with whom your domain names may be registered.
1.8.2. Notice of any material change to these terms and conditions will be made publicly on the AppDetex website, and sent to Customers’ primary contact email.
1.8.3. Continued use of AppDetex services constitutes your Agreement to any and all changes as they appear on the AppDetex website.
18.104.22.168. Changes made by AppDetex shall become binding thirty (30) days after notice is made.
22.214.171.124. Changes made by ICANN as a result of a consensus Agreement or policy change shall become effective and binding immediately.
1.8.4. If You no longer agree with the terms of this Agreement because of a change in the terms, your sole remedies are either
126.96.36.199. to transfer all your domain registrations to another registrar, or
188.8.131.52. to cancel all domain names registered with AppDetex.
2. REGISTRANT RESPONSIBILITIES
2.1. As an AppDetex Customer, Registered Name Holder, and Registrant You agree to be bound by following Registrant’s Benefits and Responsibilities, ICANN Consensus Policies, including but not limited to the Transfer Dispute Resolution Policy (TDRP), the Uniform Domain-Name Dispute-Resolution Policy (UDRP) and the Uniform Rapid Suspension (URS).
2.1.1. The UDRP provides the terms and conditions concerning a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of a domain name registered by Registrant. The Registry Operator is not responsible for ensuring compliance with the UDRP.
2.1.2. The URS is a Rights Protection Mechanism available through the new ICANN gTLD Program. URS is an alternative dispute resolution mechanism potentially offering a lower-cost, faster method for obtaining relief for rights holders experiencing clear-cut cases of infringement. The URS Procedure sets forth the URS claims process, assisting service providers in implementing URS in a consistent manner.
2.1.3. The TDRP provides the terms under which a dispute relating to Inter-Registrar domain name transfers are handled. When registrars are unable to informally resolve a dispute and one or more of the registrars elects to file a dispute, the TDRP procedures apply. The Registry Operator is not required to ensure that a domain name is being used in compliance with the TDRP processes.
2.2. Pursuant to ICANN 2013 RAA, the following provisions are hereby incorporated by reference into this Agreement: ICANN Mandated Registration Provisions.
2.3. Registrant agrees to provide the following:
2.3.1. Accurate and reliable domain name holder contact details and/or for the authorized contact if different from the domain name holder:
184.108.40.206. Full name of Administrative, Technical, and Billing Contacts
220.127.116.11.1. Organization/Corporation: Name of authorized contact person
18.104.22.168.2. Postal address
22.214.171.124.3. Email address
126.96.36.199.4. Voice phone and Fax (if available) number/s
188.8.131.52. You agree to make the following affirmation: “To the best of my 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.”
184.108.40.206. You agree that all material changes must be updated via the AppDetex domain registration and management system within seven (7) days. Failure to do so is considered a material breach of this Agreement.
220.127.116.11. You agree that intentionally providing inaccurate or unreliable information or intentionally failing to promptly update the information, constitutes a material breach of this Agreement and the registration may be canceled.
18.104.22.168. You agree that failure to respond to inquiries by AppDetex concerning accuracy of contact details within 15 days constitutes a material breach of this Agreement and the registration may be canceled.
22.214.171.124. You agree that registration may be suspended, cancelled, or transferred pursuant to any ICANN adopted Specification or Policy or any registrar or registry procedure that is inconsistent with an ICANN adopted Specification or Policy: (1) to correct mistakes by Registrar or Registry Operator in registering the name; or (2) for resolution of disputes concerning Registered Name.
2.4.1. To the extent permitted by ICANN and applicable law, AppDetex may use the publicly available information that You provided to the AppDetex domain registration and management system. AppDetex will retain Your Information as directed by ICANN Data Retention Specification.
2.4.3. ICANN Required Disclosures:
126.96.36.199. Domain name registration requires sharing the Registrant Information, in whole or in part, with the applicable Registry Operator and with ICANN. As required by ICANN, this information must also be made publicly available by means of the WHOIS, and that the Registry Operator may also be required to make this information publicly available by WHOIS. Both AppDetex and the Registry Operator may be required to archive this information with a third-party escrow service. You consent to and give permission for all such required disclosures. Further, You represent and warrant that, if You provide information regarding a third party, You have notified the third party of the required disclosures and the purpose for the disclosures and You have obtained the third party’s consent to such disclosure.
188.8.131.52 ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that AppDetex may or must make available to the public or to private entities, as well as the manner in which such information is made available. ICANN’s current guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
3. AGENCY AND LICENSE
3.1. If You are a person other than the individual or corporation listed as the registered name holder, as the signer of this Agreement You represent that You have authority to bind the Registered Name Holder to this Agreement, including the UDRP. If You license the use of one or more domain names to a third party, You remain the registered name holder, and remain responsible for the obligations under this Agreement.
3.2. Customer agrees that as long as AppDetex is currently providing Services to Customer, then that Customer will allow AppDetex to list Customer’s company name, in text format only, on its client list currently located on its website.
4. LIMITATION AND INDEMNIFICATION
4.1. ALL SERVICES ARE PROVIDED TO CUSTOMER “AS IS.” EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR, AppDetex MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESSED OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE. WITHOUT LIMITING THE FOREGOING, AppDetex MAKES NO REPRESENTATIONS OR WARRANTIES THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE CUSTOMER EITHER FROM CHALLENGES TO ITS DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO CUSTOMER. YOU AGREE THAT AppDetex, ICANN AND/OR ANY REGISTRY OPERATOR WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY OF THE FOLLOWING: (1) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION; (2) USE OF YOUR DOMAIN NAME REGISTRATION; (3) UNAVAILABILITY OF SERVICES OR ANY FEATURES THEREOF OR ANY INTERRUPTION OF BUSINESS; (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (6) EVENTS BEYOND AppDetex’s OR ANY REGISTRY OPERATOR’S REASONABLE CONTROL; (7) THE PROCESSING OF OR THE INABILITY TO PROCESS YOUR DOMAIN NAME APPLICATION OR OTHER SERVICE APPLICATION; (8) APPLICATION OF ANY RELEVANT DISPUTE POLICY, ADMINISTRATIVE POLICY OR ANY OTHER ICANN (OR SIMILAR GOVERNMENTAL OR ORGANIZATION) ADOPTED POLICIES; (9) ANY MISUSE OF YOUR USERNAME AND/OR PASSWORD; OR (10) LOSSES RESULTING FROM ANY ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY INFORMATION OR SERVICES PROVIDED UNDER THIS AGREEMENT.
4.2. NEITHER AppDetex NOR ANY REGISTRY OPERATOR WILL BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF AppDetex AND/OR ANY REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL AppDetex’s AND/OR ANY REGISTRY OPERATOR’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
4.3. You agree to defend, indemnify and hold harmless AppDetex, ICANN and/or any Registry Operator (including any parents, subsidiaries, shareholders, members, officers, directors, employees, affiliates, agents and subcontractors of AppDetex and/or any Registry Operator) from any third party claim, action or demand, resulting in loss, damages or costs (including reasonable attorney’s fees and expenses) due to, arising out of or related to: (1) Your use of the Services; (2) Your application for and registration of, or failure to register or renew, a particular domain name; (3) Your use of any domain name registered in your name; (4) Your breach of this Agreement; (5) any disputes involving the intellectual property rights of others; (6) processing any registrant transfers in accordance with this Agreement; and (7) Your use of any domain name affected by any transfer of registrant request. This indemnification is in addition to any indemnification required under the UDRP or any similar rule, policy or procedure.
5.1. Notices: All notices must be in English and in writing and addressed to the other party’s primary contact (or the other party’s legal department in case of notification of termination or breach). The address for notices to AppDetex is firstname.lastname@example.org. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).
5.2. Conflicts of Terms: Where the terms of this Agreement conflict with an attached agreement, MSA, or the additional terms of a Registry Operator, those latter terms and agreements shall control. Where the Agreement conflicts with a rule or policy of ICANN, the ICANN rule shall control.
5.3. Agreement term: The term of this Agreement shall commence on the effective date and shall continue during the period in which You receive any services hereunder, unless set forth in any agreements executed between You and AppDetex. AppDetex may terminate this Agreement, with or without cause, upon thirty (30) days’ notice to You. You are responsible for any service fees and third party costs accrued prior to termination date of this Agreement. It is the Customer’s responsibility to update billing contacts of domain names in order to receive renewal notices directly.
5.4. Survival: The terms set forth in sections 1, 2 and 4 shall survive the cancellation, termination or expiration of this Agreement and Your payment obligations as set forth herein with respect to fees incurred during the term of this Agreement.
5.5. Assignment: Customer may not assign any part of this Agreement without AppDetex’s prior written consent.
5.6. Severability: If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
6. INCORPORATED ICANN POLICIES
© Copyright 2017 Focus, IP, Inc. (dba AppDetex). All Rights Reserved.
gTLD / New gTLD Policies
- Donuts Policies
- Donuts Domains Protected Marks List (DPML)
- Minds + Machines Policies
- Minds + Machines Protected Marks List (MPML)
- Rightside Policies
- Rightside Domains Protected Marks List (DPML)
Incorporated ICANN Policies
- ICANN Mandated Registration Policies
- Registrant Educational Information
- ICANN Registrant Rights
- Restored Name Accuracy Policy
- Domain Name Dispute Resolution Policies
- UDRP Approved Providers
- UDRP Administrative Proceedings Rules
- ICANN Transfer Policy
- ICANN Registrar Transfer Dispute Resolution Policy
- gTLD Domain Name Life Cycle