Epik LLC Domain Registration Agreement

Epik Domain Registration Agreement

1. OVERVIEW

This Domain Name Registration Agreement (“Agreement”) is entered into by and between Epik (“Epik”) and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Epik’s Domain Name Registration services (“Services”). The terms “we”, “us” or “our” shall refer to Epik. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.

Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) Epik’s General Terms of Service Agreement (“TOS”), (ii) all agreements, guidelines, policies, practices, procedures, the registration requirements or operational standards of the top-level domain (“TLD”) in which you register any domain (“Registry Policies”), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the Epik website (this “Site”).

Registry Policies. You acknowledge and agree that (i) Epik, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Epik may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your user account (“User Account”) information current. Epik assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address. Epik is an Internet Corporation for Assigned Names and Numbers (“ICANN”) accredited registrar.

You acknowledge and agree that Epik may modify this Agreement in order to comply with any terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain (“ccTLD”) in question. The term “Registry Service Provider” shall refer to the service provider responsible for operating and managing the registry services on behalf of the Registry Operator for its applicable TLD or ccTLD. To identify the sponsoring registrar, click here.

2. PROVISIONS SPECIFIC TO ALL REGISTRATIONS

Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs. Special provisions specific to any TLD or ccTLD (those in addition to the Registry Policies) are identified elsewhere below in this Agreement.

Registry Policies. You agree to be bound by all Registry Policies applicable to your domain name registration (at any level). 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. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Epik being a registrar for the respective TLD. The third-party beneficiary rights of the Registry Operator will survive any termination of this Agreement.

Registration Requirements. To the extent any TLD or ccTLD requires that you meet eligibility, validation (e.g., 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 the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading, 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 have not previously submitted an application for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (d) 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 (e) 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.

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

ICANN Requirements. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator 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 the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, 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 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.

Regulated TLDs. For domain name registration in any “Regulated” TLD, you acknowledge and agree your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.

Highly-Regulated TLDs. In addition to the requirements for Regulated TLDs, domain name registration in any Highly-Regulated TLD is subject to the following requirements: (a) you will provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly‐Regulated TLD; and (c) you will report any material changes to the validity of you authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐Regulated TLD to ensure you continue to conform to the appropriate regulations and licensing requirements and to generally conduct your activities in the interests of the consumers you serve.

Third Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which you register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Epik being a registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.

Variable and Non-Uniform Pricing. You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced and/or may have Non-Uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD).

3. FEES AND PAYMENTS

(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS

You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. Epik expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without the need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.

Unless otherwise specifically noted, the renewal price for any domain name in any TLD will be the same as the list (non-sale) price shown when you search for and select a domain, and again in the cart prior to purchase. Domain Name Prices

For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the “Fees and Payments” section of our Terms of Service.

(B) DOMAIN NAME RENEWAL TERMS

When you register a domain name, you will have the following renewal options:

Automatic Renewal. Automatic Renewal is the default setting. Domain names will automatically renew, for a period equivalent to the length of your original domain name registration, and payment will be taken from the Payment Method you have on file with Epik, at Epik’s then current rates. For Example: if you have chosen to register your domain name for two (2) years, Epik will automatically renew it for two (2) years.

Manual Renewal. If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at any time prior to its expiration date by calling customer service. If you fail to manually implement the renewal before the expiration date, the domain name will be canceled and you will no longer have use of that name.

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. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason Epik 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 Method information current, which includes the expiration date if you are using a credit card.

When the domain name is in non-renewal status, you can renew the domain name only by calling Epik and requesting that the domain name be renewed. If you fail to manually implement the renewal of any canceled product before the expiration date, the domain name will be canceled and you will no longer have use of that name.

You agree that Epik will not be responsible for canceled domain names that you fail to renew in the time-frames 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 privacy services, protected registration, 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.

If you fail to renew your domain name in the time-frames indicated in this Agreement, you agree that Epik may, in its sole discretion, renew your expired domain name on your behalf. If Epik decides to renew your expired domain name on your behalf, you will have a Renewal Period during which you must reimburse Epik for the renewal and keep your domain name. The Renewal Period is currently 30 days but subject to change under the terms of this Agreement.

If you do not reimburse Epik for the renewal during the Renewal Period your domain name will be placed on Hold and flagged for deletion after which you may have up to a 30-day redemption period to redeem your domain name, provided that your domain name is not subject to an expired domain name auction bid and you pay Epik a redemption fee.

The redemption fee is displayed in your User Account and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period Epik may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf. During the redemption period your domain name may be parked.

If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay Epik a redemption fee and redeem your domain name. 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.

Renewal Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. If there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.

(C) EXPIRATION AND RENEWAL OF SERVICE(S) AND NOTIFICATIONS OF EXPIRATION

How Do Domain Expirations and Renewals work?

Epik provides an automatic 30 day grace period for each domain upon reaching its expiration date. The expiration date is the beginning of the first day of the 30 day grace period during which you are given the opportunity to renew your domain. However, if you do not renew your domain within the 30 day grace period, the domain will be removed from your account on day 31 and may be retained by Epik. If not retained, thereafter, on day 33, the removed domain is automatically sent to Name Liquidate, and a reverse auction is initiated. During the reverse auction, you are still able to redeem the domain for an additional fee. However, on or about day 43, if the domain has not been redeemed or sold, we will send an explicit delete request to the applicable registry. This delete request causes the domain to enter the Redemption Grace Period (“RGP”) which lasts up to 30 days. Once the domain is in the RGP, the domain life-cycle proceeds through to PendingDelete which lasts 3-5 days before dropping and being available to be registered by anybody. Please be aware that you are able to still redeem the domain in RGP until the end of the RGP for an additional fee. A domain in the PendingDelete status cannot be redeemed. All redemption fees are here.

You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. However, ICANN requires, pursuant to its Expired Registration Recovery Policy (“ERRP”) that Epik follow certain procedures to notify you in advance that renewal fees are due. Pursuant to the ERRP, Epik will notify the registered name holder of the expiring domain name twice before the expiration date, once approximately one month before the subject domain’s expiration date and again approximately one week before the subject domain’s expiration date. Epik’s renewal reminder will consist of an email message sent to the registered domain holder’s email address as it is listed in the expiring domain’s WHOIS record. Further, Epik reserves the option, but not the obligation, to send additional renewal reminder notices to any other email addresses associated with the expiring domain, including, but not limited to, the email address of the expiring domain’s account holder or the billing contact of the expiring domain’s WHOIS record. Epik also reserves the option, but not the obligation, to send additional renewal reminders at times other than the times required by the ERRP.

Should these fees go unpaid, your Services will expire or be canceled. Payment must be made by credit card or such other method as we may allow or require from time to time. If you select automatic renewal of the Service(s), we may attempt to renew the Service(s) a reasonable time before expiration, provided your credit card is up to date. You acknowledge and agree that, while we are not required to, we may contact you with a request to update your account information in the event that an attempted transaction is not processed successfully.

You acknowledge that it is your responsibility to keep your billing information up to date. You acknowledge and understand that Epik sends out periodic notices to registrants notifying them of payment deadlines, pending expiration deadlines and other important information affecting your account and, specifically, registration of domain names.

Any notifications regarding domain registrations, including but not limited to notifications consisting of pre-expiration and post-expiration notifications concerning your registered domains will be sent to you pursuant to ICANN’s policies, including, but not limited to, the ERRP. Where appropriate, Epik will send such notices to the e-mail address of the subject domain’s registered domain holder, the e-mail address you provided as your contact information in connection with your account associated with the subject domain, and/or any other email address that Epik determines, in its sole discretion, to be sufficiently related to the subject domain to warrant notice.

You therefore acknowledge and agree that it is your responsibility to provide and maintain accurate account information and domain name WHOIS information.

(D) FREE PRODUCT TERMS

In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or canceled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first 5 days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in our sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.

4. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING

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

You agree that you will not transfer any domain name registered through Epik to another domain name registrar within the first 60 days after its initial registration date. You agree that you may not transfer any domain name for 10 days after a change is made in your User Account.

You further agree that you will not engage in “domain tasting” by using any grace period in which a registrant may choose to cancel a domain name as a vehicle to test the marketability or viability of a domain name. If Epik determines (which determination shall be made by Epik in its sole and absolute discretion) that you have been engaging in “domain tasting”, then Epik reserves the right to (a) charge you a fee or (b) refuse your cancellation. Epik will not charge you a fee if Epik cancels your domain name during any grace period due to fraud or other activity outside of your control.

You agree that Epik shall not be bound by (i) any representations made by third parties who you may use to purchase services from Epik, or (ii) any statements of a general nature, which may be posted on Epik’s website or contained in Epik’s promotional materials.

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

(A) 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 services, 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 contacting our support team.

(B) USE OF ACCOUNT INFORMATION

You agree to notify Epik within 7 business 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 Epik 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 15 business days to any inquiries made by Epik 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 purchase of your domain name.

You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a fax number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.

You acknowledge and agree that domain name registration requires that your contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for 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 the U.S. to the EU, for example. As required by ICANN or for certain ccTLDs this information may be made publicly available by the registry operator via WHOIS or its successor protocol (collectively referred to as the “WHOIS” Directory) that is beyond, and not subject to, Epik’s control.

Both Epik 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.

You agree that for each domain name registered by you the following information could be made publicly available in the WHOIS Directory as determined by ICANN or registry policies and may be sold in bulk as set forth in the ICANN agreement:

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.

You agree that, to the extent permitted by ICANN, Epik may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.

You agree that Epik has the right to make public and share with third parties certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.

In order for us to comply with any current or future rules and policies for domain name systems, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:

The domain or sub-domain name(s) registered by you;

Your organization name, type and postal address;

The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);

The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;

The corresponding names of those name servers;

The original creation date of the registration; and

The expiration date of the registration.

We may be required to make this information available in bulk to third parties.

We will take reasonable precautions to protect the information we obtain from you from loss, misuse, unauthorized access or disclosure, alteration or destruction. These precautions include procedures for releasing account access information to parties who claim to have lost account access information.

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 Epik may from time to time modify its Dispute Resolution Policy. Epik will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with Epik after the updated policy becomes effective, you agree to the Dispute Resolution Policy as amended. You agree to review Epik’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Epik as a result of the modified Dispute Resolution Policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable.

You agree that if a dispute arises as a result of one or more domain names you have registered using Epik, you will indemnify, defend and hold Epik harmless as provided for in this Agreement. You also agree that if Epik is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Epik, that Epik, in its sole discretion, may take whatever action Epik 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 Epik harmless for any action taken by Epik.

You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where the registrar is located or (3) where the registry operator is located.

7. TRANSFER OF DOMAIN NAMES

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 and change of registrant agreement. In order to further protect your domain name, any domain name registered with Epik or transferred to Epik shall be placed on lock status, unless an opt-out has occurred. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Epik to a new Registrar. You may log into your User Account with Epik at any time after your domain name has been successfully transferred to Epik, and change the status to unlock.

8. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT

You represent and warrant to the best of your knowledge that neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization for participation in the sector associated with the associated registry TLD string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credentials. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.

You agree that, in addition to other events set forth in this Agreement:

Your ability to use any of the services provided by Epik 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.

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 Epik procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by Epik 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 Epik and the registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Epik or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet, (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (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 herein, 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 Epik rule or policy may be considered by Epik to be a material breach of this Agreement and Epik may provide you with notice of such breach either in writing or electronically (email inclusive). In the event you do not provide Epik with material evidence that you have not breached your obligations to Epik within 5 business days, Epik may terminate its relationship with you and take any remedial action available to Epik 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 Epik to you. No fees will be refunded to you should your Services be canceled or terminated because of a breach.

Epik’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.

9. RESTRICTION OF SERVICES; RIGHT OF REFUSAL

If you are hosting your domain name system (“DNS”) on Epik’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Epik, you are responsible for ensuring there is no excessive overloading on Epik’s servers. You may not use Epik’s servers and your domain name as a source, intermediary, reply-to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Epik reserves the right to deactivate your domain name from its DNS if Epik deems it is the recipient of activities caused by your site that threaten the stability of its network.

You agree that Epik, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name.

10. DEFAULT SETTINGS

Epik’s Default Settings. You acknowledge and agree that Epik has the right to set the default settings for your website upon registration.

11. DOMAIN TRANSFERS

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 this Agreement and governed by ICANN Policy. In order to further protect your domain name, any domain name registered with Epik or transferred to Epik may be placed on lock status, unless an opt-out option has occurred. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Epik to a new registrar. You may log into your User Account with Epik at any time after your domain name has been successfully transferred to Epik, and change the status to unlock.

12. AGENCY

If you intend to license use of a domain name to a third party, you will be deemed the domain name holder of record and are responsible for providing your own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You also accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the licensee’s identity and current contact information (as provided by the licensee) within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm. You represent that it will secure the agreement of any third party to the terms and conditions in this Agreement.

13. MISCELLANEOUS

You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond the reasonable control of us or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we have no control over the availability of the service on a continuous or uninterrupted basis.

In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:

Service interruptions caused by periodic maintenance, repairs or replacements of the Global Nameserver Infrastructure (defined below) that we may undertake from time to time;

Service interruptions caused by your custom scripting, coding, programming or configurations;

Service interruptions caused by you from the installation of third-party applications;

Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or

Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.

Subject to the provisions of Force Majeure below, we offer a service uptime guarantee (“Service Uptime Guarantee”) for paid services of 99.999% availability (defined below).

Definitions. For the purposes of the Service Uptime Guarantee, the following definitions shall apply:

“Global Nameserver Infrastructure”: The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.

“99.999% availability”: A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.999% of the time.

“Outage”: A period in which the Global Nameserver Infrastructure did not maintain 99.999% availability.

Exclusions. For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:

Service interruptions caused by “Regularly Scheduled Maintenance”, which shall be defined as any maintenance performed on the Global Nameserver Infrastructure of which customer is notified 24 hours in advance. Email notice of Regularly Scheduled Maintenance shall be provided to customer’s designated email address;

Service interruptions caused by you from custom scripting, coding, programming or configurations;

Service interruptions caused by you from the installation of third-party applications;

We, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage.

Remedies. For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within 5 calendar days of the Outage.

In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term “Force Majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment.

If your Services include Domain Name System Security Extensions (“DNSSEC”), you will be able to secure your domain names with DNSSEC. DNSSEC is designed to protect you from forged DNS data so “hackers” cannot direct visitors to your website to a forged site.

DNSSEC works by using public key cryptography. You acknowledge and agree that if the keys do not match, a visitor’s lookup of your website may fail (and result in a “website not found” error) and we assume no liability or responsibility regarding the same. In addition, DNSSEC responses are authenticated, but not encrypted. You acknowledge and agree that DNSSEC does not provide confidentiality of data, and we assume no liability or responsibility regarding the same.

We prohibit the running of a public recursive DNS service on any server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public recursive DNS services and reserve the right to remove any servers from the network that violate this restriction.

14. PROVISIONS SPECIFIC TO .BIZ REGISTRATIONS

1. Purpose of .BIZ and Eligibility Requirements. Registrations in the .BIZ top level domain are primarily for bona fide business or commercial uses. The definition of “bona fide business or commercial use” means “the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS”: (a) to exchange goods, services, or property of any kind, or to facilitate the exchange of goods, services, information, or property of any kind, (b) in the ordinary course of trade or business. Registration of a domain name for the purpose of selling, trading or leasing that domain name for compensation, or offering to sell, trade, or lease the domain name for compensation does not constitute a “bona fide business or commercial use” of the domain name.

2. Certification for Registrants. By registering or accepting the transfer of a .BIZ domain name, you certify that:

The registered domain name will be used in a manner consistent with the purposes specified above; You have the authority to enter into the .BIZ registration agreement; Your registered domain name is reasonably related to your business or intended commercial purpose at the time of your registration.

Failure to comply with the certification, once made, may result in the failure of the .BIZ Registry to process your domain name application or in the revocation of your domain name if the registration is processed.

3. Dispute Policies. In addition to the UDRP, the domain names in .BIZ Registry are further governed by the Start-Up Trademark Opposition Policy (“STOP”) and Restrictions Dispute Resolution Policy (“RDRP”). You are responsible for reviewing these policies and are bound by their terms and conditions. If your registration or use of a .BIZ domain name is challenged by a third party, you are subject to the UDRP, STOP, and RDRP as they are in effect at the time of the dispute.

15. PROVISIONS SPECIFIC TO .INFO REGISTRATIONS

If you are registering, reserving, renewing or transferring a .INFO domain name, you further agree to the following provisions:

(a) You consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder’s Personal Data by the .INFO Registry, the Affiliates Registry, and its designees and agents. (b) You agree to correct and update the registration information of your .INFO domain name immediately upon any change in the accuracy of that information during the registration term for the name.

16. PROVISIONS SPECIFIC TO .NAME REGISTRATIONS

If you are registering, reserving, renewing or transferring a .NAME domain name, you further agree to the following provisions:

1. Purpose of .NAME and Eligibility Requirements. Registrations in the .NAME top-level domain are primarily for personal name purposes. As published by The Global Name Registry, Limited (the registry of .NAME), the following limitations exist for registrations that may be made in .NAME:

(i) The Personal Name of an Individual. Any person can register his or her own Personal Name.

(ii) The Personal Name of a Fictional Character. Any person or entity can register the Personal Name of a fictional character if that person or entity has trademark or service mark rights in that character’s Personal Name.

(iii) Additional Characters. In registering a Personal Name Registration, registrants may add numeric characters to the beginning or the end of their Personal Name to differentiate it from other Personal Names.

2. Certification for Registrants. By registering or accepting the transfer of a .NAME domain name, you certify that the registered domain name is a personal name and will be used in a manner consistent with the purposes specified above. You agree to be bound by the .NAME Acceptable Use Policy, which is hereby incorporated by reference. Failure to comply with the policy, once made, may result in the failure of Epik to process your domain name application, in the revocation of the domain name if the registration is processed, or in the transfer of the domain name to another party.

3. Dispute Policies. In addition to the Uniform Domain-Name Dispute Resolution Policy (“UDRP”), the domain names in the Global Name Registry’s .NAME are further governed by the Eligibility Requirements Dispute Resolution Policy (“ERDRP”). You agree to be bound by their terms and conditions. If your registration or use of a .NAME domain name is challenged by a third party, you are subject to the UDRP and ERDRP as they are in effect at the time of the dispute.

4. Waiver of Liability. The Global Name Registry has no liability whatsoever for loss or liability resulting from (i) the processing of registration requests prior to the launch of SRS (the .NAME registry system), including, without limitation, the inability to register a domain name or email address; or (ii) any dispute concerning a domain name or email address, including a decision of any dispute resolution proceeding.

5. Defensive Registration. A Defensive Registration is a registration designed for the protection of trademarks and service marks, and may be granted to prevent a third party from registering a variation of a trademark or the exact trademark. If the name you wish to register is subject to a Defensive Registration, you have three (3) options: (i) you may register a variation of the name, (ii) you may challenge the Defensive Registration under the Eligibility Requirements Dispute Resolution Policy, or (iii) you may request Consent from the Defensive Registrant. You can request Consent by contacting the Defensive Registrant listed in the GNR WHOIS Directory and requesting consent to register the .NAME domain name. If the Defensive Registrant grants consent, they must confirm in writing that they grant consent. If the Defensive Registrant does not grant consent, you may wish to challenge the Defensive Registration under the ERDRP.