1. What is this?
The agreement below is a legal contract between Hostwek, Inc. ("Hostwek") and all of our customers. Using any service provided by or affiliated with Hostwek means you are legally bound by this agreement. It's important to read it thoroughly before signing up, to make sure you fully understand and agree with all parts. Using our services implies you agree with this contract!
2. Questions?
If you have any questions about this agreement, you should send them to Hostwek’s sales department before you register your domain.
3. Registration Agreement
This Registration Agreement ("Agreement") outlines the terms and conditions under which you use our domain name registration and related services ("Services"). Here, "you" and "your" refer to you, the person or entity registering a domain, and the registrant listed in the WHOIS contact information for the domain name. "We", "us", and "our" refer to Hostwek, the entity that will be your domain name registrar. This is true for all the registrars listed at the end of this document, all of which are under common ownership, share the same terms and conditions, and use a shared Services infrastructure. To find out which registrar your domain name is registered with, you can perform a WHOIS lookup at http://www.uwhois.com. Initially, you get the Services through a Primary Service Provider, PDR LTD, with whom we have a wholesale relationship. Your relationship with your Primary Service Provider might include additional terms, depending on your agreement with them. "We," "us", and "our" do not include your Primary Service Provider, except where specifically stated or if your Primary Service Provider is also one of the registrars listed at the bottom of this document.
4. YOU AGREE TO THIS AGREEMENT
By using the Service(s), you're agreeing to all the terms and conditions of this Agreement, the UDRP (defined below), and any rules, policies, or agreements associated with specific Services and/or enforced by ICANN, the registries, and governments.
5. PASSAGE OF TIME
This Agreement will evolve over time. If, because of a change, you find that you no longer agree with the terms of this Agreement, your only recourse is to transfer your domain name registration services to another registrar or to ask us to cancel your domain name registration services. If you continue to use the Services after a change in this Agreement and/or the Services, it means you accept the changes. Any such revision or change will be binding and effective 30 days after it is posted on the website of either the Primary or Backend Service Providers, or 15 days after you have been notified by email to the address associated with your domain name registration. You agree to periodically review this Agreement to be aware of such revisions.
6. YOUR ACCOUNT
To access the Services, you must create an account. This account is usually managed and/or provided by your Primary Service Provider. You are responsible for keeping all login IDs, passwords updated, and for all activities that occur under your account, whether by you or any third party.
7. SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S)
Hostwek and your Primary Service Provider reserve the right to refuse your domain name registration application or stop providing Service(s) to you for any reason within 30 days of starting or renewing a Service. Beyond this timeframe, Service(s) can be terminated or suspended at any time if there is cause. This includes, but is not limited to, registering prohibited domain names, misusing the Services, payment issues, allegations of illegal activities, or involving us in a breach of any Internet Service Provider’s (“ISP’s”) acceptable use policies, such as sending unsolicited bulk emails.
If we decide to terminate or suspend the Service(s) you're receiving under this Agreement, we or a third party might become the new beneficiary of Services similar to those we previously provided to you. Termination or suspension of Services to one domain name or other Service(s) associated with your account could lead to the termination or suspension of all Service(s) related to your account, including those tied to other domain names. No refunds will be issued for Service(s) terminated or suspended due to cause.
We may also terminate the Services at any time, with 30 days’ notice via mail or email, based on the WHOIS contact information associated with your domain name registration. After receiving notice of termination (except for cause), you must transfer your domain name or face the possibility that we might delete it or suspend or modify the Service(s). If Services are terminated for reasons other than cause, we will try to refund your fees.
You also acknowledge that your domain name registration could be suspended, cancelled, or transferred due to any ICANN procedure, any registrar or registry administrator procedures approved by ICANN policy, to correct our or another registrar's or registry administrator's mistakes in managing the domain, or to resolve domain-related disputes.
8. OUR SERVICES
We resell domain names from registrars accredited by the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”) like .com, .net, .org, .de, co.uk, etc. ICANN oversees TLD registrations and related aspects. Domain name registrations become effective when the registry administrator activates them. For information on TLDs and a list of registry administrators, visit http://www.icann.org/tlds/. Domain names are registered for limited terms that end on the specified expiration date.
The term for newly registered domain names starts when the registration is recognized by the relevant registry; for domain names not returned to the available namespace, the term starts when the previous registrant's registration was acknowledged. You agree that Hostwek and your Primary Service Provider are not responsible for any errors, omissions, or actions by the registry administrator related to registering, renewing, modifying, or transferring a domain name registration. You also agree that domain name registration is a service and that domain names do not create a property interest, existing only through services provided under this or similar registration agreements with a registrar.
9. YOU WARRANT THAT YOUR USE OF OUR SERVICES WILL NOT SUBJECT US TO ANY CLAIM(S)
You agree to protect, defend, and hold us, your Primary Service Provider, and applicable registry administrators (including but not limited to Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html) harmless, along with all such entities' directors, officers, employees, and agents. This indemnity covers all claims, damages, liabilities, costs, and expenses (including direct, indirect, incidental, consequential damages, and legal fees) arising from your use of the domain name registration services we provide.
10. NOT INCLUDED IN THE SERVICES
Our Services do not include checks on whether the domain name(s) you choose or how you use them infringes on the legal rights of others. It's your responsibility to ensure your domain name(s) don't infringe on others' rights. We might have to cancel, modify, or transfer your domain name based on court orders. Keeping your contact information accurate and responding to litigants, potential litigants, and government authorities falls to you. We are not responsible for forwarding court orders or other communications.
11. IF LAWSUIT(S) ARE THREATENED
If we face a lawsuit or the threat of a lawsuit related to the Service(s) we provide you, we'll look to you for indemnification and to cover our legal costs. You might need to secure a performance bond or, failing that, make a deposit with us to cover anticipated legal expenses. This deposit will be used as expenses occur, with notifications sent to the contact information provided for your domain/account. We don't provide credit for these expenses and may end Services if such a deposit isn't made or renewed. Any unused portion of the deposit will be returned after a year or once the legal matter concludes, whichever comes later.
12. DISPUTE RESOLUTION POLICY
You are bound by the Uniform Domain Name Dispute Resolution Policy (“UDRP”), accessible at the provided ICANN URLs. The UDRP is subject to change by ICANN at any time. If your domain name registration faces a challenge, you'll adhere to the Dispute Policy active at that time. In case of a dispute with a third party over the Services provided to you, you'll indemnify us according to the UDRP terms. It's important to monitor emails associated with your account and domain names closely, as failing to respond promptly to communications regarding disputes can result in losing Services.
13. FEES
For the Service(s) and their renewal, including automatic renewals, you agree to pay the required fees before the Service(s) become effective. All fees are non-refundable, even if your domain name registration is suspended, cancelled, or transferred before the end of your current registration term, except as explicitly stated in this Agreement. We may specify certain payment methods or require you to switch from one payment provider to another at our discretion.
14. CREDIT CARD AND OTHER CHARGES
If you encounter issues with credit card charges, it's advised to first contact your Primary Service Provider, and then reach out to us, before requesting a chargeback or reversal from your credit card company. Should a chargeback occur (or similar action by another payment provider approved by us) related to your payment of fees for Service(s), we and/or your Primary Service Provider reserve the right to suspend access to any and all accounts you have with us and/or your Primary Service Provider. This also means that all rights to and interest in and use of any domain name registration(s), website hosting, and/or email services—including all data hosted by us or your Primary Service Provider—may be assumed by us or your Primary Service Provider. Reinstatement of these Services is subject to our discretion, contingent upon payment of the unpaid fee(s) and a reinstatement fee, currently $200 (US Dollars). Any Service(s) reinstatement by your Primary Service Provider will follow any agreement you have with them concerning reinstatement. Charges processed by our credit card payment system will appear on your statement as “Domain Name Registration,” and we are not accountable for how charges appear when processed by your Primary Service Provider's or a third party's system.
15. EXPIRATION AND RENEWAL OF SERVICE(S)
Domain registrations are set to renew automatically, though you can opt out of this in the client control panel. It's your responsibility to track when your domain name registration or other Services are due to expire. We may, as a courtesy and without obligation, notify you via email or through your account when renewal fees are due. Unpaid renewal fees will result in the expiration or cancellation of your Services. Payments can be made by credit card or other methods as allowed. If automatic renewal is in place, we'll attempt to renew the Service(s) before expiration, given your billing information is current. It's your responsibility to ensure this information remains up-to-date. Note that automatic renewal may not be available for certain TLDs. Hostwek will attempt to renew Domain(s) on behalf of the client, but cannot guarantee the success of these renewal attempts, including for expired domains. It is the client's duty to verify through WHOIS or other means that their domain name has been renewed.
16. ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION
As part of receiving the Service(s), you agree to provide accurate, current, and complete information about yourself for your account and WHOIS information for your domain name(s). This includes keeping this information updated. You are required to provide your name, postal address, email, voice telephone number, and if available, fax number, for the administrative, technical, and billing contacts of your domain name registration(s) and other Service(s). Failure to comply with these information requirements may result in suspension or termination of your registration and/or Services. You may also need to provide name-server information for your domain name(s). If incomplete, we may fill in this information (and direct your domain name to a website of our choosing) until you provide the necessary details or upgrade your Services.
17. YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION
If you're providing information on behalf of a third party when registering a domain name or obtaining Service(s), you represent that you've notified the third party of this disclosure and use of their information as stated in this Agreement and obtained their express consent. By applying for Service(s), you affirm that your application is truthful, the domain name is not registered for any illegal purpose, and providing inaccurate information or failing to update information promptly is a breach of this Agreement, leading to potential suspension or termination of Services. Failure to respond within ten (10) days to inquiries about the accuracy of account and WHOIS contact information will also be considered a breach of this Agreement. It's crucial to regularly monitor emails sent to the email address associated with your account and WHOIS contact information, as failure to respond appropriately may result in losing rights to your domain name(s) or Service(s). You are responsible for reporting any inaccuracies in domain information, including incorrect expiration dates, contact information, or billing errors.
18. ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY
To modify your account or domain name WHOIS information, you must access your account either through your Primary Service Provider or directly with us. It's critical to protect your account login details to prevent unauthorized use. Anyone with your login credentials is assumed to have the authority to alter your account and domain name details. We commit to taking reasonable steps to protect your information from loss, misuse, unauthorized access, disclosure, alteration, or destruction. These steps include procedures for issuing account access information to those who've lost their login details. We limit our liability, ensuring that if these precautions fail to prevent unauthorized use of your account identifier or password, our liability is capped as outlined in the limitation of liability section of this agreement. Should you report unauthorized access to your account or domain names, we may charge administrative fees for our time spent addressing the issue, irrespective of the outcome.
19. TRANSFERS
Domain name service transfers are regulated by ICANN’s transfer policy, which may be updated periodically. We can apply a "Registrar Lock" to your domain name services, preventing transfers without your authorization. This lock indicates your refusal of all transfer requests until it's removed. For a transfer, first manage the lock status of your domain name(s) through your account or obtain an EPP "AuthCode" necessary for transfers in EPP registries. If your Primary Service Provider does not respond, we can assist in unlocking your domain or issuing the AuthCode, potentially after attempting to involve your Primary Service Provider. Transfer approvals or rejections can only be made by the registrant or the administrative contacts listed in WHOIS. Transfers are not allowed within 60 days of registration or transfer, among other specified conditions. Transfer requests usually take five business days to process. If a domain expires during this period, the transfer request might need reinstatement. You bear all risks associated with a transfer failure near the end of a registration term.
20. PRIVACY POLICY
You consent to us sharing your domain registration information with ICANN, registry administrators, and as required or permitted by law, including through WHOIS. You waive any claims related to such disclosure or use of your information. ICANN's guidelines dictate the availability and type of information shared publicly or with third parties, and these guidelines may change. Your information may be made publicly available or shared with third parties for inspection (via WHOIS) or for targeted marketing, in compliance with laws. This could include bulk WHOIS data access to entities with a relevant agreement with us. Your consent is required for your WHOIS information to be available for bulk access, and we reserve the right to cease providing bulk WHOIS data access.
24. AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry’s database, you acknowledge that we may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements. Furthermore, you acknowledge that we may either leave your WHOIS information intact or that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
25. Reactivation Period Process
For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that we may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that we may, but are not obligated to, offer this process, known as the “reactivation period.” You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a reactivation period and that we shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine. You acknowledge and agree that we may make expired domain name services(s) available to third parties, that we may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.
26. After the Reactivation Period
After the reactivation period, you agree that we may either (i) discontinue the domain name registration services at any time thereafter, (ii) that we may pay the registry’s registration fee or otherwise provide for the registration services to be continued, or (iii) if we auctioned the domain name services to a third party, that we may transfer the domain name registration services to such third party.
In the case of (i) above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that we may, but are not obligated to, participate in this process, typically called the “Redemption Grace Period” (“RGP”). You acknowledge that we, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that we shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $250 plus any registration fees. You agree that we are not obliged to contact you to alert you that the domain name registration services are being discontinued.
In the case of (ii) above, you acknowledge that we may then set the name-servers and the DNS settings for the domain name services, that we set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that we may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result. You agree that we are not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period (“ERGP”), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay a fee of $250 (US dollars) plus any registration fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.
In the case of (iii) above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that we are not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that we do not have to pay you any of the proceeds, if any, we may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact us and provide us with a certified letter addressed to “Expiration Recovery” and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a driver's license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must include a statement authorizing payment of the reinstatement fee to such credit card, which is $250 plus any registration fees. In doing so, you must provide us with sufficient time to allow us to receive and evaluate your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.
27. LIMITATION OF LIABILITY
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE PROVIDER 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 WE OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE PROVIDER’S LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
28. INDEMNITY
You agree to release, indemnify, and hold harmless ICANN, the registry operators, us, your Primary Service Provider, and the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties from all liabilities, claims, and expenses, including attorney’s fees and court costs, for third-party claims relating to or arising under this Agreement, the Service(s) provided hereunder, or your use of the Service(s). This indemnification obligation includes claims of infringement by you or anyone else using the Service(s) we provide to you, of any intellectual property or other proprietary right of any person or entity, or from your violation of any of our operating rules or policies relating to the Service(s) provided. If a third party sues or brings a claim against us in connection with our Service(s) to you under this Agreement, we may seek written assurances from you, including a performance bond or other financial guarantees, to indemnify and hold us harmless. Failure to provide such assurances may be considered a breach of this Agreement by you and result in the loss of your right to control the disposition of domain name services for which you are the registrant and in relation to which we are the registrar of record.
29. REPRESENTATIONS AND WARRANTIES
You represent that, to the best of your knowledge and belief, neither the registration of a domain name nor the manner in which it is directly or indirectly used, nor the use of other Service(s), infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your procurement of the Service(s) is accurate. All Service(s) are provided to you “as is” and with all faults. We disclaim all representations or warranties of any kind, whether express or implied, in connection with this Agreement or the Service(s), including but not limited to warranties of merchantability or fitness for a particular purpose, unless such representations and warranties cannot be legally excluded.
30. GOVERNING LAW AND JURISDICTION FOR DISPUTES
This Agreement, your rights and obligations, and all actions contemplated by this Agreement shall be governed by the laws of Romania. Disputes arising under or related to this Agreement shall be exclusively brought in the courts of Romania. Service of process in any action arising under this Agreement may be served on you by mail to the address listed in your WHOIS information or by email. For third-party disputes concerning domain names registered hereunder, you submit to the jurisdiction of your domicile and where we are located, Bellevue, W.A.
31. NOTICES
Notices from us to you under this Agreement will be considered given if delivered in accordance with the account and/or domain name WHOIS information you provide.
32. INFANCY
You affirm that you are of legal age to enter into this Agreement.
33. GENERAL
This Agreement and the UDRP, along with all modifications, constitute the complete and exclusive agreement between us. No agency, partnership, or joint venture is created as a result of this Agreement. The failure by us to require performance of any provision shall not affect our right to require performance at any time thereafter, nor shall a waiver of any breach or default constitute a waiver of the provision itself. If any provision of this Agreement is held unenforceable or invalid, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole, and such provisions will be replaced with an enforceable provision that most closely matches the intent of the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of us.
