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Master Domain Registration Agreement

Agreement between PremierePC Technology Group LLC and registrant for domain name registration services.

THIS REGISTRATION AGREEMENT ("Agreement"), is between PremierePC Technology Group, LLC. ("PremierePC") and you, on behalf of yourself or the entity you represent ("Registrant"), as offered through the Reseller participating in PremierePC's distribution channel for domain name registrations. Any reference to "Registry" or "Registry Operator" shall refer to the registry administrator of the applicable top-level domain ("TLD"). This Agreement explains PremierePC's obligations to Registrant, and Registrant's obligations to PremierePC, for the domain registration services. By agreeing to the terms and conditions set forth in this Agreement, Registrant agrees to be bound by the rules and regulations set forth in this Agreement, and by a registry for that particular TLD.

Domain Name Registration

Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant. A domain name submitted through PremierePC will be deemed active when the relevant registry accepts the Registrant's application and activates Registrant's domain name registration or renewal. PremierePC cannot guarantee that Registrant will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. PremierePC is not responsible for any inaccuracies or errors in the domain name registration or renewal process.

Fees

Registrant agrees to pay Reseller the applicable service fees prior to the registration or renewal of a domain. All fees payable here under are non-refundable even if Registrant's domain name registration is suspended, cancelled or transferred prior to the end of your current registration term.

Term

This Agreement will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or renewal. Should the domain name be transferred to another registrar, the terms and conditions of this Agreement shall cease.

Expiration, Renewal and Forfeiture

The registered domain name will expire on the expiration date specified in the registration term, and as communicated to the Registrant. Registrant will receive reminders immediately prior to the expiration inviting Registrant to renew the domain name. In the event that Registrant fails to renew the domain name in a timely fashion, the registration will expire and PremierePC may, at its discretion, elect to assume the registration and may hold it in its own account, delete it, or sell it to a third party.

During the period following the expiration of a domain name, the domain name will cease to resolve, the Whois registration records may be revised to include that of PremierePC or its reseller, and visitors to Registrant's website may be directed to a default web page. This default web page may feature advertisements posted by PremierePC for its own account.

Registrant acknowledges and agrees that Registrant's right and interest in a domain name ceases upon its expiration. Registrant is solely responsible for informing itself of the date of expiration and renewing its registration in a timely manner. If PremierePC, in its sole discretion, elects to renew the registration, Registrant will be entitled to a grace period of forty (40) days during which Registrant may re-register the domain name. Additional costs for the redemption and re-registration will apply.

Expired Registration Recovery Policy

Domain expiration notices will be sent via email thirty (30) days and five (5) days prior to a domain expiration date and three (3) days after a domain expires. Renewal, post-expiration renewal and redemption fees are published at opensrs.com/services/domains/domain-pricing. Reseller's fees may differ.

Registrant Information and Data Sharing

Data required for the registration of a domain name varies by top-level domain. The required data for a domain name registration ("Minimum Data") will be presented at the time of registration or renewal and may include up to:

  • Name and postal address of the Registered Name Holder;
  • Registered name;
  • Names of the primary nameserver and secondary nameserver(s) for the Registered Name;
  • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
  • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the billing contact for the domain name; and
  • Name, postal address, e-mail address, and voice and fax (if available) telephone numbers of the technical contact for the domain name.

The Minimum Data will be shared with PremierePC and the relevant authoritative registry services provider for your top-level domain. The identity of the authoritative registry services provider can be found at IANA WHOIS service at iana.org.

Accurate Information

Registrant represents and warrants that:

  • The statements that Registrant makes in connection with the domain name registration, maintenance, or renewal are complete and accurate;
  • Registrant information will be kept current;
  • Registrant will not and will not permit others to use the domain name in violation of any ICANN or registry policies, applicable laws or regulations, or legal rights of others;
  • Registrant will respond to inquiries from PremierePC addressed to the email address of the Registrant, the administrative, billing or technical contact with respect to a domain name concerning the accuracy of contact details.

Registrant acknowledges that a breach of this section will constitute a material breach of the Agreement, which will entitle either PremierePC or a registry to terminate this Agreement immediately upon such breach without any refund and without notice to Registrant.

Account Review, Data Modification or Deletion

To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased.

If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by sending email to DPA@tucows.com or using the contact information at opensrs.com/privacy-policy.

ICANN-Required Disclosures

Domain name registration requires sharing the Registrant's information, in whole or in part, with the applicable Registry Operator and with ICANN. Both PremierePC and the Registry Operator may be required to archive this information with a third-party escrow service. Further, Registrant represents and warrants that, if Registrant is providing information about a third party, Registrant has notified the third party of the required disclosures and the purpose for the disclosures and Registrant has obtained the third party's consent to such disclosure. ICANN may establish or modify the guidelines, limits or requirements that relate to the amount and type of information that PremierePC may or must make available to the public or to private entities, and the manner in which such information is made available.

Suspension and Cancellation

PremierePC may in its sole discretion, suspend or cancel Registrant's domain name registration:

  • if Registrant breaches this Agreement;
  • if Registrant fails to provide payment or accurate contact or billing information;
  • in the event there was an error in the registration process for such domain name;
  • as required by ICANN or a Registry Operator;
  • to protect the integrity and stability of PremierePC and any applicable registry;
  • to comply with any applicable laws, government rules, requests of law enforcement and court orders;
  • in compliance with any dispute resolution process; or
  • to avoid any liability, civil or criminal.

Dispute Resolution

Registrant is bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including the Uniform Rapid Suspension Procedure, the Uniform Domain Name Dispute Resolution policy (UDRP), along with the UDRP rules and all supplemental rules of any UDRP provider. ICANN may change the UDRP at any time.

If a third party challenges the registration or reservation of the Registrant's domain name, Registrant will be subject to the provisions specified in the dispute policy adopted by the applicable registry. In the event a domain name dispute arises, Registrant will indemnify and hold PremierePC harmless pursuant to the terms and conditions contained in the applicable policy.

If PremierePC is notified that a complaint has been filed with a judicial or administrative body regarding a domain name, PremierePC may, at its sole discretion, suspend use of the domain name and the ability to make modifications to the registration records until:

  • PremierePC is directed to do so by the judicial or administrative body, or
  • PremierePC receives notification from both parties that the dispute has been settled.

If Registrant or Registrant's domain name becomes the subject of litigation, PremierePC may deposit control of Registrant's domain name record into the registry of the judicial body by supplying a party with a registrar certificate.

Whois Privacy Service

If Registrant elects to use the Whois privacy registration service, the following terms and conditions will apply:

  • The publicly available Registrant contact information will list Contact Privacy Inc. as the Registrant and contact name, and PremierePC's postal address, assigned email address and telephone number as contact information.
  • PremierePC will keep the Registrant and Contact Information provided by Registrant on file. Both PremierePC and the Registry may be required to archive this information with a third-party escrow service, as per ICANN policy.
  • Registrant will retain complete control over the domain name and its registration records and may suspend and reinstate the Whois Privacy Service at its discretion.
  • With respect to a domain name that has been transferred to PremierePC, the Whois Privacy Service will only commence after the transfer has been completed. If Registrant elects to transfer a domain name to a different registrar, the Whois Privacy Service must be disabled in order to initiate the transfer.
  • PremierePC will send all obligatory renewal and transfer related messages to the contacts that Registrant has designated.
  • Pricing for the Whois privacy registration service will be set by the Reseller, and Registrant will pay Reseller for this service.

Communications received with respect to a domain name registration will be handled as follows:

  • PremierePC will forward to Registrant all correspondence received by registered mail or traceable courier. This information may be opened, scanned and emailed to Registrant. Regular postal mail will be discarded or returned to sender at PremierePC's discretion.
  • Email correspondence will be forwarded, only if submitted via the contactprivacy.com website.
  • A voice mail message will advise all callers that inbound messages will not be accepted; calls will be directed to the contactprivacy.com website.
  • The point of contact for third parties wishing to report abuse or infringement of trademarks (or other rights) is legal@tucows.com.

The business contact information for the Whois privacy registration service is:

Contact Privacy Inc.

96 Mowat Ave

Toronto (ON) M6K 3M1

CANADA

PremierePC shall have the right, at its sole discretion and without liability to Registrant, to suspend or cancel the Whois Privacy Service and to reveal Registrant and Contact Whois Information in certain circumstances, including but not limited to the following:

  • when required by law;
  • in the good faith belief that disclosure is necessary to further determination of an alleged breach of a law;
  • to comply with a legal process served upon PremierePC;
  • to resolve any and all third party claims including but not limited to ICANN's or a Registry's dispute resolution policy;
  • to avoid financial loss or legal liability;
  • if PremierePC believes that Registrant or one of Registrant's contacts is using the Whois Privacy Service to conceal involvement with illegal, illicit, objectionable or harmful activities; or to transmit SPAM, viruses, worms or other harmful computer programs.

Policy

Registrant agrees that its registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to a PremierePC, registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with a PremierePC, registry, ICANN or government-adopted policy:

  • to correct mistakes by PremierePC or a registry in registering the name or
  • for the resolution of disputes concerning the domain name.

Trademark Clearinghouse (TMCH)

Registrant agrees to abide by the terms and conditions set forth by PremierePC and the Trademark Clearinghouse Agreement available at opensrs.com/site/resources/agreements#contracts.

No Guarantee

Registrant acknowledges that registration of a chosen domain name does not confer immunity from objection to the registration, reservation or use of the domain name.

Agency

If Registrant intends to license use of a domain name to a third party, Registrant is deemed the domain name holder of record and is responsible for providing Registrant's own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. Registrant shall accept liability for harm caused by wrongful use of the domain name, unless it promptly discloses the licensee's identity and current contact information (as provided by the licensee) to a party providing the Registered Name Holder reasonable evidence of actionable harm. Registrant represents that it will secure the agreement of any third party to the terms and conditions in this Agreement.

Modifications to Agreement

PremierePC may modify this Agreement, or any other related and/or applicable agreement, as is necessary to comply with its agreements with ICANN, a registry or any other entity or individual, as well as to adjust to changing circumstances. All amendments to this Agreement will be posted on our website at opensrs.com/docs/contracts/exhibita.htm. Your continued use of the registered domain name will constitute your acceptance of this Agreement with any revisions. If you do not agree to any change, you may request that your domain name be cancelled or transferred to a different accredited registrar, and agree that such cancellation or transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.

Announcements

PremierePC reserves the right to distribute information to Registrant that is required by ICANN or Registry policy.

Limitation of Liability

Registrant agrees that PremierePC's entire liability, and Registrant's exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement is solely limited to the amount Registrant paid for the initial registration of the domain name. PremierePC, ICANN and the applicable registries shall not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.

Indemnity

Registrant will defend, indemnify, and hold harmless PremierePC, ICANN, the applicable registries, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorney's fees, arising out of or relating to:

  • Registrant's registration and use of the domain name registered;
  • use of the domain name in violation of this Agreement; or
  • Registrant's violation of any third party right, including Intellectual Property Rights. This indemnification obligation will survive the termination or expiration of this Agreement.

Transfer of Ownership

The person named as Registrant on record with PremierePC shall be the "Registered Name Holder." If designated, the person named as administrative contact at the time the controlling account was secured shall be deemed the designate of the Registrant with the authority to manage the domain name. Registrant agrees that prior to transferring ownership of the domain name to another person (the "Transferee") Registrant shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by PremierePC in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant explicitly authorizes PremierePC to act as their Designated Agent, as stipulated by the ICANN Transfer Policy, to approve a Change of Registrant on their behalf.

Breach

Registrant agrees that failure to abide by any provision of this Agreement, any ICANN, Registry, UDRP or Dispute operating rule or policy, may be considered by PremierePC to be a material breach, and that PremierePC may provide written notice, describing the breach, to Registrant. If within fifteen (15) calendar days of the date of such notice, Registrant fails to provide evidence, which is reasonably satisfactory to PremierePC, that Registrant has not breached its obligations under the Agreement, then PremierePC may delete the registration of the domain name. Any such breach by Registrant shall not be deemed to be excused simply because PremierePC did not act earlier in response to that, or any other, breach by Registrant.

Disclaimer of Warranties

Except for the express warranties in this Agreement, PremierePC does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties of merchantability, fitness for a particular purpose, and non-infringement. PremierePC is not responsible or liable for the deletion or failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. PremierePC does not warrant that the domain name registration service will be error free or uninterrupted. The domain name registration service is not intended for high risk activities.

Inconsistencies with Registry Policies

In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail.

Non-Waiver

PremierePC's failure to require performance by Registrant of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by PremierePC of a breach of any provision hereof be taken or held to be a waiver of the provision itself.

Notices

Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. E-mail notification to PremierePC must be sent to domains@PremierePC.com. Any notice to Registrant will be sent to the e-mail address provided by Registrant in the Whois record.

Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day.

In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing. Postal notices to PremierePC shall be sent to:

PremierePC Technology Group, LLC

PO Box 5293

Greenville, SC 29606

Attention: Compliance

And, in the case of notification to you, shall be sent to the address specified by you in your registration of your domain name with PremierePC.

Entirety

Registrant agrees that this Agreement, the applicable dispute policy and the rules and policies published by PremierePC and any applicable Registry or other governing authority, are the complete and exclusive Agreement between PremierePC and Registrant regarding the domain registration service.

No Third-Party Beneficiaries

This Agreement shall not be construed to create any obligation by either PremierePC or Registrant to any non-party to this Agreement. Enforcement of this Agreement, including any provisions incorporated by reference, is a matter solely for the parties to this Agreement.

Governing Law

THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF ONTARIO AND THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN ONTARIO AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.

Infancy

You attest that you are of legal age to enter into this Agreement.

Force Majeure

Registrant acknowledges and agrees that neither PremierePC nor the applicable Registry shall be responsible for any failures or delays in performing the respective obligations hereunder arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.

Privacy

Information collected about Registrant is subject to the terms of PremierePC's privacy policy, the terms of which are hereby incorporated by reference. PremierePC's privacy policy can be found at: opensrs.com/privacy-policy.

Controlling Language

In the event that Registrant is reading this Agreement in a language other than the English language, Registrant acknowledges and agrees that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.

TLD-Specific Provisions

The following additional provisions apply to any domain names that you register through PremierePC with the various registries. For complete TLD-specific terms governing .com, .net, .org, .info, .biz, .name, .at, .be, .ca, .cc, .ch, .cn, .de, .eu, .fr, .corsica, .it, .rio, .nl, .tv, .uk, .us, .asia, .li, .me, .tel, .mobi, .in, .bz, .ws, .co, .au, .fi, .ro, .xxx, .pro, .dk, and other TLDs, Registrant agrees to be bound by the applicable registry policies and dispute resolution policies for each top-level domain. These include, but are not limited to, submission to ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP) and compliance with registry-specific requirements.

For the adjudication of disputes concerning or arising from use of a domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, and (2) where the applicable registry operator is located.

Registrant acknowledges and understands that by accepting the terms of this Agreement, Registrant 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 applicable Registry website. Registrant is responsible for monitoring the Registry's site on a regular basis.