Jiinubi.com . Registration Agreement
This Registration Agreement ( Agreement ) sets forth the
terms and conditions of your use of domain
name registration and related services ( Services ). In this Agreement
you and your refer to you or any agent, employee, servant or person
authorized to act on your behalf, and the registrant listed in the WHOIS
contact information for the domain name. We , us and our refer to Jiinubi,
Inc., as well as its subsidiaries and sister companies ( Jiinubi ). This
Agreement explains our obligations to you, and explains your obligations to us
for various services offered by Jiinubi. When you use your account or permit
someone else to use it to purchase or otherwise acquire access to additional
Jiinubi service(s) or products or to cancel your Jiinubi service(s) (even if we
were not notified of such authorization), this Agreement covers such service or
actions.
The agreement applies to each individual service, and
canceling a domain name will result in the termination of the Registration
Agreement solely related to the domain name in question.
1. You agree to this agreement and the referenced
agreements.
By using the service(s) provided by Jiinubi under this
Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement, the accompanying dispute policy and any
pertinent rules or policies that are or may be published by Jiinubi, the
Uniform Dispute Resolution Policy ( UDRP ) described below, and the rules,
policies, or agreements published in association with specific of the
Service(s) and/or which may be enforced by Internet Corporation of Assigned
Names and Numbers ( ICANN ), the registries, and governments.
2. Changes to agreement.
This Agreement will change over time in response to changes
in the requirements of governments and administrative bodies, legislation and
changes in the nature of industry. If, as a result of such a change to this
Agreement, you no longer agree with its term, you agree that your exclusive
remedy is to transfer your domain name registration services to another
registrar or request Jiinubi to cancel your domain name registration and/or
related Services. Should you elect to cancel the Agreement with Jiinubi, you
will not receive a refund for any fees you may have paid to Jiinubi. If you
continue to use the Services following a change in this Agreement and/or the
Services, your continued use of the Services indicates your consent to the
changes. You agree to review this Agreement periodically to make yourself aware
of any such revisions.
3. Term.
The term of this Agreement shall continue in full force and
effect as long as you have any domain name registered through Jiinubi or as
long as you are employing any Service(s). You agree that you will not transfer
any domain name registered through Jiinubi to another domain name registrar
during the first sixty (60) calendar days from its initial registration date.
4. Service(s) provided at will, termination of service(s)
and reinstatement fees.
Jiinubi Rights. We may reject your domain name
registration application or elect to discontinue providing Service(s) to you
for any reason within 30 days of a Service initiation or a Service renewal.
Outside of this period, we may terminate or suspend the Service(s) at any time
for cause, which, without limitation, includes registration of prohibited
domain name(s), abuse of the Services, payment irregularities, material
allegations of illegal conduct, or if your use of the Services involves us in a
violation of any Internet Service Provider s ( ISP s ) acceptable use policies,
including the transmission of unsolicited bulk email in violation of the law.
The agreement applies to each individual service, and
canceling a domain name will result in the termination of the Registration
Agreement solely related to the domain name in question.
You agree that if we terminate or suspend the Services
provided to you under this Agreement, that we may then, at our option, make
either ourselves or a third party the beneficiary of Services which are
substantially similar to those which were previously providing to you and that
any reference in this Agreement to termination or suspension of the Services to
you includes this option.
You agree that, If we have grounds to terminate or suspend
Service(s) with respect to one domain name or in relation to other Service(s)
provided through your account, we may terminate or suspend all Service(s)
provided through your account, including Service(s) to other domain names
maintained by you with us. No fee refund will be made when there is a
suspension or termination of Service(s) for cause.
Registry / ICANN Rights. You further acknowledge
and agree that your registration of a domain name is subject to suspension,
cancellation, redirect or transfer by any ICANN procedure, registrar, and/or
registry decision or policy, in each party s sole and unlimited discretion.
This includes the right to: 1) deny, cancel, redirect or transfer any
registration or transaction; 2) place any domain name(s) on registry lock, hold
or similar status, as it deems necessary; 3) to correct mistakes by Us, another
registrar or the registry administrator in administering the domain name; 4) to
comply with specifications adopted by any industry group generally recognized
as authoritative with respect to the Internet (e.g., RFCs); 5) to protect
against imminent and substantial threats to the security and stability of the
registry TLD, System, registry nameserver operations or the internet; 6) to
ensure compliance with applicable law, government rules or regulations, or
pursuant to any legal order or subpoena of any government, administrative or governmental
authority, or court of competent jurisdiction; 7) for the resolution of
disputes concerning the domain name; and/or 8) to stop or prevent any
violations of any terms and conditions of this Agreement, the operational
requirements of Us or a registry, or pursuant to a Registry Agreement with
ICANN.
You agree that your failure to comply completely with the
terms and conditions of this agreement and any Jiinubi rule or policy may be
considered by Jiinubi to be a material breach of this agreement.
You agree that Jiinubi and/or an applicable registry may, in
its sole discretion and without liability to you, refuse to accept the
registration of any domain name and/or may delete the registration of any
domain name during the first five (5) days after registration has taken place.
Domain Reinstatement Fees. You understand and
agree that Jiinubi and/or registries may charge fees related to reinstating a
domain, including reinstatement after failure to renew or suspension. In order
to effect a reinstatement request by you, you agree to pay fees charged by a
registry related to such reinstatement and reasonable fees that may be charged
by Jiinubi. NOTE: Not all registries list their applicable fees for domain
reinstatement within their domain registration agreements and/or terms of
service. Nonetheless, you acknowledge and agree to pay registry fees, as
determined in their sole discretion, in order to reinstate a domain. You
further acknowledge that Jiinubi has no control over a registry s determination
of fees.
5. Our Services.
We are an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ( ICANN ) for Top Level Domain Names ( TLDs )
(such as .com, .net, .org, etc.). ICANN oversees registrations and other
aspects of the TLDs. Domain name registrations are not effective until the
registry administrator puts them into effect. Domain name registrations are
only for limited terms, terms which end on the expiration date. For domain
names which are created as a new registration out of the available namespace,
the term begins on the date the domain name registration is acknowledged by the
applicable registry; for domain names registrations which were not returned to
the available namespace, the term begins on the date the previous registrant s
domain name registration was acknowledged by the applicable registry. You agree
that we are not liable or responsible in any way for any errors, omissions or
any other actions by the registry administrator arising out of or related to a
request to register, renew, modify the settings for, or transfer of a domain
name registration (our limitation of liability is explained further, below).
You further agree that domain name registration is a service, that domain name
registrations do not exist independently from services provided pursuant to
this or a similar registration agreement with a registrar, and that domain name
registration services do not create a property interest.
We offer for sale domain names that are registered to third
parties (also known as aftermarket domain names) in a variety of top level
domain names ( TLDs ) ( After Market Domain Name(s) ). All After Market Domain
Name registrations are offered on a first come, first served basis. If you are
the first to complete an After Market Domain Name registration application for
a particular domain name, including payment of the purchase price we designate,
we will initiate a transfer of the relevant After Market Domain Name to your
Account. If the After Market Domain Name is at another domain registrar at the
time of your purchase, we will transfer your purchased After Market Domain Name
to us at no cost to you and will add one year to the existing registration period,
excluding domains with .ai TLD. The .ai registry charges a mandatory fee for
all .ai transfers. This fee is not imposed by Jiinubi. It will be listed as the
price, at the time of placing a transfer order. Any subsequent renewals of the
After Market Domain Name will be charged at the then-current renewal fee. Once
you submit your order for an After Market Domain Name, you have entered into a
valid, binding and enforceable contract to pay the designated purchase price
for the After Market Domain Name. Because we are selling After Market Domain
Names initially registered to third parties, we have no control and make no
representations regarding the accuracy or legality of domain names advertised,
the accuracy or legality of any domain name listing, or the right and the
ability of the third party seller to transfer the After Market Domain Name or
complete the transaction. We do not control whether or not third party sellers
will complete a transaction. We reserve the right to reject or cancel your
After Market Domain Name registration for any reason including, but not limited
to, any pricing errors. In the event your After Market Domain Name registration
is rejected or cancelled by us, for any reason, we will refund in full the
amount of the purchase price for the After Market Domain Name as your sole
remedy.Once the After Market Domain Name is transferred into your Account, such
After Market Domain Name may not be transferred away from us to another
registrar during the first 60 days following the transfer, during which time
the After Market Domain Name may be placed on transfer lock. All of your
obligations under this Agreement which apply to the registration or renewal of
domain name(s) created by you apply to any After Market Domain Name(s) acquired
by you, including but not limited to prohibition against any Illegal Uses.
6. Agreement not to use services for improper purpose
and prohibited activities.
You agree not to use the Services provided by Jiinubi, or to
allow or enable others, to use the services provided by Jiinubi for illegal or
improper purposes. As such, you agree not to:
You agree that Jiinubi reserves the right to suspend and/or
delete your registered name as a consequence of engaging in activity contrary
to applicable law and any related procedures.
Further, if you are hosting your domain s domain name
servers ( DNS ) on Jiinubi s servers, or are using our systems to forward a
domain, URL, or otherwise to a system or site hosted elsewhere, or if you have
your domain name registered with Jiinubi, you are responsible for ensuring that
there is no excessive overloading of Jiinubi s DNS systems. You may not use
Jiinubi s servers and your domain 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 Jiinubi reserves the right to
deactivate your domain name from its DNS system if Jiinubi deems it is the
recipient of activities caused by your site that threaten the stability of its
network.
7. Your obligations related to health and/or financial
data.
You agree that if you collect and/or maintain sensitive
health and/or financial data, you will comply with all applicable laws on the
provision of such services, including security measures applicable to that
sector.
8. Your obligations to ensure entitlement to use domain
name.
Without limitation, the following are not included in the
Services: We cannot and do not check to see whether the domain name(s) you
select, or the use you make of the domain name(s), or other of the Service(s),
infringes legal rights of others. It is your responsibility to know whether or
not the domain name(s) you select or use infringes legal rights of others. We
might be ordered by a court to cancel, modify, or transfer your domain name; it
is your responsibility to list accurate contact information in association with
your account and to communicate with litigants, potential litigants, and
governmental authorities. It is not our responsibility to forward court orders
or other communications to you. We will comply with court orders unless you
contact us to contest the order.
9. Threatened legal action(s).
If we are sued or threatened with a lawsuit, an
administrative proceeding or any other legal or administrative proceeding in
connection with Service(s) provided to you, we may turn to you to indemnify us
and to hold us harmless from the claims and expenses (including attorney s fees
and court costs). Under such circumstances, you agree that you will, upon
demand, obtain a performance bond with a reputable bonding company or, if you
are unable to obtain a performance bond, that you will deposit money with us to
pay for our reasonably anticipated expenses in relation to the matter for the
coming year. Such deposit will be drawn down as expenses are incurred, with all
account notices sent to the WHOIS contact information provided in association
with your domain names and/or account. We shall not be obliged to extend you
any credit in relation to such expenses and we may terminate the Services for a
failure to make or renew such a deposit. We will return any unused deposit upon
the later of three (3) months from deposit or the conclusion of the matter.
10. Dispute resolution policy.
You agree to the Uniform Domain Name Dispute Resolution
Policy ( UDRP ) and the Rules for Uniform Domain Name Dispute Resolution Policy
( UDRP Rules ), copies of which are available at http://www.icann.org/dndr/udrp/policy.htm and https://www.icann.org/resources/pages/udrp-rules-2015-03-11-en.
You agree that the UDRP may be changed by ICANN (or ICANN s successor) at any
time and that such a change will be binding upon you. You agree that, if the
registration or reservation of your domain name is challenged by a third party,
you will be subject to the provisions specified in the UDRP in effect at the
time your domain name registration is disputed by the third party. You also
agree that, in the event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and conditions of the
UDRP. You also understand that it is important for you to regularly monitor
email sent to the email address associated with your account and domain names
because, among other reasons, if a dispute arises regarding Services provided
to you, you may lose your rights to receive the Services if you do not respond
expeditiously to an email sent in conjunction therewith.
11. Fees and payments.
As consideration for the Service(s), renewal of the
Service(s), and, if you select it, automatic renewal of the Service(s), you
agree to pay, prior to the effectiveness of the desired Service(s), the
applicable Service(s) fees. Non-standard domains have non-uniform renewal
registration pricing, such that the registration fee for a domain name
registration renewal may differ from other domain names in the same TLD (e.g.
renewal registration for one domain may be $100.00 and $25.00 for a different
domain name). All fees are non-refundable, in whole or in part, even if your
domain name registration is suspended, cancelled or transferred prior to the
end of your then current registration term, unless this Agreement or the Jiinubi
Refund Policy specifically provides for a refund. You may pay for
Services by providing a valid credit or debit card, an electronic check (from
your personal or business checking account, as appropriate), PayPal, Bitcoin,
or any other payment method then accepted by Jiinubi (each, a Payment
Method ); provided, however, that we may at our option require that you pay
fees through a particular payment means (such as by credit card or by wire
transfer) or that you change from one payment provider to another. Jiinubi
expressly reserves the right to change or modify its prices and fees at any
time, and such changes or modifications shall be posted online on the Jiinubi
website and effective immediately without need for further notice to you. If
you have purchased the Service(s) for a period of months or years, changes or
modifications in prices and fees shall be effective when the Service(s) in
question come up for renewal as further described below. For our current fee
structure, you may access the schedule of fees available on the Jiinubi
website: Domain pricing. In the event of a refund, Jiinubi will
issue you a refund receipt to confirm its submission of your refund to the
Payment Method charged at the time of the original purchase. You acknowledge
and agree that the associated payment provider and/or individual issuing bank
establish and regulate the time frames for posting your refund. Refund posting
time frames may range from five (5) business days to a full billing cycle. If
Jiinubi is for any reason unable to charge your chosen Payment Method for the
full amount owed for the Services provided, or if Jiinubi is charged a penalty
for any fee previously charged to your Payment Method, you agree that Jiinubi
may pursue all available lawful remedies in order to obtain payment. You agree
that the remedies Jiinubi may pursue in order to effect payment shall include,
but not be limited to, suspension of Services, cancellation of domain names
registered through our Services, and/or suspension of access to any and all
accounts you have with us and/or your Primary Service Provider; and that all
rights to and interest in and use of any domain name registration(s) services,
website hosting, and/or email services, including all data hosted on our
systems shall be assumed by us in satisfaction of any indebtedness by you to
us. We will reinstate your rights to and control over these Services solely at
our discretion, and subject to our receipt of the unpaid fee(s) and our
reinstatement fee, currently set at $200 (US Dollars). Charges for the
Service(s) will be billed to your chosen Payment Method as charges for
NAME-CHEAP.COM. Jiinubi also reserves the right to charge you reasonable
administrative fees or processing fees for (i) tasks Jiinubi may perform
outside the normal scope of its Services, (ii) additional time and/or costs
Jiinubi may incur in providing its Services, and/or (iii) your noncompliance
with this Agreement (as determined by Jiinubi in its sole and absolute
discretion). Typical scenarios include, but are not limited to, customer
service issues that require additional personal time or attention, fees
incurred by third-party payment providers such as PayPal, fees incurred as the
result of chargebacks or other payment disputes brought by you, your bank, or a
Payment Method processor, and disputes that require accounting or legal
services. These administrative fees or processing fees will be billed to the
Payment Method you have on file with Jiinubi.
12. Payment.
In the event of a charge back by a credit card company (or
similar action by another payment provider allowed by us) in connection with
your payment of fees for any Service(s), you agree that we may suspend access
to any and all accounts you have with us and/or your Primary Service Provider
and that all rights to and interest in and use of any domain name
registration(s) services, website hosting, and/or email services, including all
data hosted on our systems shall be assumed by us in satisfaction of any indebtedness
by you to us. We will reinstate your rights to and control over these Services
solely at our discretion, and subject to our receipt of the unpaid fee(s) and
our reinstatement fee, currently set at $200 (US Dollars). Charges for the
Service(s) which use our credit card payment processor will be identified on
your credit card statement as NAME-CHEAP.COM .
13. Expiration and renewal of service(s) and
notifications of expiration.
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 Jiinubi
follow certain procedures to notify you in advance that renewal fees are due.
Pursuant to the ERRP, Jiinubi 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. Jiinubi 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, Jiinubi
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. Jiinubi 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
cancelled. 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 you have sufficient balance in your Jiinubi account and/
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, as part of
its management of user registrations, Jiinubi sends out periodic notices to
registrants apprising them of payment deadlines, pending expiration deadlines
and other important information affecting your account and, specifically,
registration of domain names.
Specifically, 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, Jiinubi 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 Jiinubi 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, as more fully addressed in Paragraph 13 below, so that
Jiinubi may provide you with important notices regarding your account.
14. Accurate account contact information and domain name
whois information.
As further consideration for the Service(s), you agree to
provide certain current, complete and accurate information about you, both with
respect to your account information and with respect to the WHOIS information
for your domain name(s) for all domains purchased through Jiinubi. You agree to
maintain and update this information as needed to keep it current, complete and
accurate. With respect to you, the administrative, technical, and billing
contacts for your domain name registration(s) and other Service(s), Jiinubi
requires that you must submit the following for both gTLDs and ccTLDs: name,
postal address, e-mail address, voice telephone number, and, if available, fax
number. For residents in countries subject to GDPR, this means that by
registering domains with Jiinubi, you have provided contractual consent to
collect and process this information. You agree that the type of information
you are required to provide may change and you understand that, if you do not
provide the newly required information, your registration or and/or other
Service(s) may be suspended or terminated or may not be renewed. In the event
the lack of accurate/current contact information results in the loss,
cancellation or transfer of the domain name(s) associated with your account,
you agree that you shall not hold Jiinubi liable for any such loss or any
damages associated with the loss. Not providing requested information may
prevent you from obtaining all Service(s). You may provide information
regarding the name-servers assigned to your domain name(s) and, if we are
providing name-server services to you, the DNS settings for the domain name.
You agree to notify Jiinubi within five (5) 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 Jiinubi with accurate and reliable information on an initial
and continual basis, shall be considered to be a material breach of this
Agreement. Failure by you, for whatever reason, to respond within five (5) business
days to any inquiries made by Jiinubi to determine the validity of information
provided by you, shall also be considered to be a material breach of this
agreement. You agree to retain a copy for your record of the receipt for
purchase of your domain name or Services.
You acknowledge and agree that domain name registration
requires that this contact information, in whole or in part, be shared with the
registry operator. As required by ICANN, this information may also be required
to be made publicly available by means of Whois and/or the registry operator
may also be required to make this information publicly available by Whois. In
addition, you acknowledge and agree that certain registries require this
information be made publicly available even to those residents in the EEA who
are subject to GDPR. This includes but is not limited to the following ccTLDs:
.asia, .ca, .cn, .uk, .co.uk, .de, .eu, .in, .id, .me.uk, .nu, .li, .ch, .fr,
.sg, .com.sg, .org.uk, .us, .es, .com.es, .nom.es, .org.es, .com.au, .net.au,
.paris, .vote, .voto, .xn--3ds443g, .nyc, .org.au. EEA residents who are
eligible for and register domains that do not allow for privacy services
explicitly agree to the publication of their personal information.
Both Jiinubi 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.
15. 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 contacting our support team.
16. Obligations and representations relating to the
account and whois contact information.
Registering a domain for a third party. In the
event that, in registering a domain name or obtaining other Service(s), you
provide information about or on behalf of a third party, you represent that you
(a) are authorized by the individual(s) to act as an agent on their behalf for
this purpose; (b) have provided notice to that third party of the disclosure
and use of that party s information as set forth in this Agreement, and (c)
that you have obtained the third party s express consent to the disclosure and
use of that party s information as set forth in this Agreement. For clarity,
this includes all third parties who are listed in Whois as Registrant,
Administrative and/or Technical contacts. And, it includes where a Registrant
lists third parties as Administrative and/or Technical contacts.
Further, when registering a domain name on behalf of a third
party, you agree to inform any customer of yours, who may be acquiring a domain
name through you using Jiinubi s registration services, that they are in fact
registering their domain name through Jiinubi and that Jiinubi or its provider
is an accredited registrar with ICANN. You agree not to represent that you are
an ICANN accredited registrar or that you are in any way providing superior
access to the ICANN Domain Name Registry. You also agree not to use the ICANN
trademark logo in any of your promotional materials including your web site. By
registering a domain name or applying for other Service(s) you also represent
that the statements in your application are true and you also represent that the
domain name is not being registered or the Services being procured for any
unlawful purpose. You acknowledge that providing inaccurate information or
failing to update information promptly will constitute a material breach of
this Agreement and will be sufficient basis for suspension or termination of
Services to you. As indicated elsewhere in this Agreement, you understand that
it is important for you to regularly monitor email sent to the email address
associated with your account and WHOIS contact information because, among other
reasons, if a dispute arises regarding a domain name(s) or other Service(s),
you may lose your rights to the domain name(s) or your right to receive the
Service(s) if you do not respond appropriately to an email sent in conjunction
therewith.
CONSENT TO PUBLICLY DISPLAY WHOIS INFORMATION. JIINUBI,
BY DEFAULT, PROVIDES PRIVACY PROTECTION FOR THE FULL SET OF WHOIS INFORMATION,
WHICH INCLUDES REGISTRANT, ADMINISTRATIVE AND TECHNICAL CONTACTS. IF YOU MANAGE
A DOMAIN WHERE THERE IS THIRD PARTY INFORMATION IN WHOIS AND/OR YOU ARE A
REGISTRANT WHO HAS THIRD PARTIES AS ADMINISTRATIVE/TECHNICAL CONTACTS, YOU
UNDERSTAND AND ATTEST THAT YOU ARE AUTHORIZED BY THESE THIRD PARTIES TO PROVIDE
EXPLICIT CONSENT ON THEIR BEHALF. IN ADDITION, YOU ACKNOWLEDGE THAT WHEN YOU
DISABLE WHOIS PRIVACY SERVICE YOU ARE PROVIDING EXPLICIT CONSENT ON BEHALF OF
ALL CONTACTS LISTED IN THE RELEVANT WHOIS TO PUBLICLY SHARE THEIR PII. IN
ADDITION, AS IT RELATES TO THE GDPR, YOU ACKNOWLEDGE THAT YOU ARE THE
CONTROLLER REGARDING FOR THIS ACTION AND RESPONSIBLE FOR ALL / ANY RELATED AND
REQUIRED CONSENTS.
17. Account Security.
Please safeguard your account access credentials (including
but not limited to your customer username/login, support pin code, password)
from any unauthorized use. You agree that any person in possession of your
account login identifier and password will have the ability and your
authorization to modify your account and domain name information. We will take
reasonable precautions to protect the information we obtain from you from loss,
misuse, unauthorized access or disclosure, alteration or destruction of that
information and that such reasonable precautions include procedures for
releasing account access information to parties who claim to have lost account
access information. You agree that, if we take reasonable precautions in
relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH REASONABLE
PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE REASONABLE
PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE
LIMITATION OF LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact
us alleging that a third party has unauthorized access to your account or
domain names, you agree that we may charge you administrative fees of $50 (US
dollars) per hour for our time spent in relation to the matter, regardless of
whether or not we return control over the account and/or domain names to you.
18. Transfers of domain names.
You agree that transfer of your domain name(s) services
shall be governed by ICANN s transfer policy, available at http://www.icann.org/transfers/, as this policy may be
modified from time to time. You agree that we may place a Registrar Lock on
your domain name services and that this will prevent your domain name services
from being transferred without your authorization, though we are not required
to do so. By allowing your domain name services to remain locked, you provide
express objection to any and all transfer requests until the lock is removed.
To transfer your domain name(s) you should first login to your account to lock
or unlock your domain name(s) and/or to obtain the EPP AuthCode which is
required to transfer domain services in an EPP registry (such as .org). Only
the registrant and the administrative contacts listed in the WHOIS information
may approve or deny a transfer request. Without limitation, domain name
services may not be transferred within 60 calendar days of initial
registration, within 60 calendar days of a transfer, if there is a dispute
regarding the identity of the domain name registrant, if you are bankrupt, or
if you fail to pay fees when due. Transfer requests typically take five
business days to be processed. A transfer will not be processed if, during this
time, the domain name registration services expire in which event you may need
to reinstate the transfer request. You may be required to resubmit a transfer
request if there is a communication failure. AS A CONSEQUENCE, YOU ACKNOWLEDGE
THAT YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS
INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
19. Privacy Policy.
You agree and consent that we will make available the domain
name registration information you provide or that we otherwise maintain to the
following parties: ICANN, the registry administrator(s), and to other third
parties as ICANN and applicable laws may require or permit (including through
web-based and other on-line WHOIS lookup systems), whether during or after the
term of your domain name registration services of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have arising
from such disclosure or use of such information. Additionally, you acknowledge
that ICANN may establish or modify the guidelines, limits and/or requirements
that relate to the amount and type of information that we may or must make available
to the public or to private entities, and the manner in which such information
is made available. Information regarding ICANN s guidelines and requirements
regarding WHOIS can be found at https://www.icann.org/resources/pages/registrars/consensus-policies/wmrp-en, https://www.icann.org/resources/pages/registrars/consensus-policies/wdrp-en,
and elsewhere on the ICANN website at https://www.icann.org. You agree that we may make publicly
available, or directly available to third parties, some, or all, of the
information you provide, for purposes of inspection (such as through our WHOIS
service) or for targeted marketing and other purposes as required or permitted
by applicable laws. One of the ways that we may make some or all of the
information you provide available to the public or third parties is by way of
bulk WHOIS data access provided to third parties who enter into a bulk WHOIS
data access agreement with us. We reserve the right to discontinue providing
bulk WHOIS data access to third parties. You agree that, to the extent
permitted by ICANN policies and regulations, Jiinubi 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.
20. Ownership of information and data.
You agree and acknowledge that we own all database,
compilation, collective and similar rights, title and interests worldwide in
our domain name database, and all information and derivative works generated
from the domain name database. You further agree and acknowledge that we own
the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax number of all contacts
for the domain name registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS or similar database, and
(e) any other information we generate or obtain in connection with the
provision of domain name registration services, other than the domain name
being registered, the IP addresses of the primary nameserver and any secondary
nameservers for the domain name, and the corresponding names of those
nameservers. We do not have any ownership interest in your specific personal
registration information outside of our rights in our domain name database.
21. Agents.
You may modify the domain registration information from time
to time in such a way which may constitute a Change of Registrant under
ICANN s transfer policy (the Transfer Policy ). In such a case, you explicitly opt out
of any 60-day inter-registrar transfer lock that would otherwise be imposed
under the Transfer Policy due to any such Change of Registrant.
In addition, you explicitly authorize us and/or the registrar of record to act
as its Designated Agent (as defined in the Transfer Policy) to approve each Change of Registrant (as
defined in the Transfer Policy) on its behalf. Such approval will happen
automatically and, thereafter, the appropriate notices sent.
You agree that, if you are registering a domain name for or
on behalf of someone else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms and conditions
provided herein. You agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain the domain name
holder of record, and remain responsible for all obligations under this
Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full and accurate contact information,
and accurate technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration and for ensuring
non-infringement of any third party intellectual property rights or other
rights, unless you disclose the current contact information provided by the
licensee and the identity of the licensee within five (5) days to a party
providing you with reasonable evidence of actionable harm.
22. Use of free services.
In consideration for providing additional optional Services
for which we do not charge an additional fee, including, but not limited to,
URL forwarding, email forwarding, free parking page, free website hosting, free
email services, or other services which we may introduce from time to time but
for which there is not a separate fee ( Free Services ), you agree that, if you
use such Free Services, we may display advertising in conjunction therewith
through the use of pop-up or pop-under browser windows, banner advertisements,
audio or video streams, appendices to emails, or other similar advertising
means, and that we may aggregate related usage data by means of cookies and
other similar means. You agree that from time to time we may provide you with
free or low-cost domain name(s) services ( Promotional Name(s) ). If we do so,
the services for the Promotional Name(s) will be placed in the same account as
your other domain name(s) and you will be listed as the registrant, though we
may point the Promotional Name to IP address(es)of our choosing. If you want to
assume control over the services provided to the Promotional Name, including
the right to transfer or push the Promotional Name service to other registrars
or other accounts or the ability to control the DNS settings for the
Promotional Name, you must pay the promotional registration fee or renewal fee,
if any, and agree to the terms of this Agreement with respect to such
Promotional Name(s). If you do not want the Promotional Name services, you may
request that you be removed as the registrant of such Promotional Names and we
will be listed as the domain name registrant. Alternatively, you may contact us
or your Primary Service Provider to request that we delete the Promotional Name
from the namespace. For any domain name services, including these Promotional
Names, for which you are listed as registrant but for which you do not pay the
registration or renewal fee, you agree that we may assign name-servers to the
domain name and point the domain name to IP address(es) designated by us until
the registration or renewal fee is paid.
23. 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, 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.
Reactivation Period Process. You acknowledge and agree that
timely renewal of your domain name(s) is your sole responsibility and you
assume all risks and consequences related thereto if you do not renew your
domain(s) prior to expiration of its original term. We may, but are not
obligated, to offer a period of time, the Reactivation Period , where you can
renew an expired domain. You acknowledge and agree that offering a Reactivation
Period is in our sole discretion and that we shall not be liable for any reason
should we choose not to offer such period. If offered, the Reactivation Period
exists for approximately 30 days after expiration of the term of domain name
registration services and may involve additional fees which we and your Primary
Service Provider may determine. You acknowledge and agree that, during this
time and any time thereafter, we may make expired domain name services(s)
available to third parties, that we may auction off the rights to expired
domain name services, and/or that expired domain name registration services may
be re-registered to any party at any time.
After the Reactivation Period, you agree that we may either
(i) discontinue and delete the domain name registration services, (ii) pay the
registry s registration fee or otherwise provide for the registration services
to be continued, with no rights to you or, (iii) or auction, sell or otherwise
transfer the domain name services to a third party and 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 ) and that we bear no
liability should we decide not to participate. If available, RGP typically ends
between 30 and 42 days after the end of the Reactivation Period of the domain
name services. RGP
fees can vary by TLDs. The total cost is calculated by adding the
redemption fee to the renewal price. 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 you have no right in any of the
proceeds for such advertisements, if any, we may earn as a result. During this
time, we may or may not offer said domain for auction and/or sale to a third
party. Your rights, if any, to redeem an expired domain exist within the defined
Reactivation Period as outlined above and the limited additional rights as
outlined for domains auctioned within 30 days of expiration. You further agree
that we are not obliged to contact you to alert you that the domain name
registration services are being continued.
In the case of (iii), above, where there is a successful
auction bid for the domain within the first 30 days post expiration, you have
up to these same 30 days post expiration to recover the domain. Otherwise, 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 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.
You acknowledge that you have read, understood and agreed to
these post-expiration rights as your sole remedies for renewal of expired
domains. 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 with no liability to us.
24. 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 WE WILL NOT 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 HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE
DOMAIN NAME. 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.
25. Indemnity and defense.
With respect to ICANN, the registry operators, and Jiinubi,
as well as the contractors, agents, employees, officers, directors,
shareholders, and affiliates of such parties, you agree to defend, release,
indemnify, and hold such parties harmless 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), including, without limitation, infringement by
you, or by 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 the violation of any of our operating rules or policies relating to the
Service(s) provided. When we may be involved in a suit involving a third party
and which is related to our Service(s) to you under this Agreement, we may seek
written assurances from you in which you promise to defend, indemnify and hold
us harmless from the costs and liabilities described in this paragraph. Such
written assurances may include, in our sole discretion, the posting of a
performance bond(s) or other guarantees reasonably calculated to guarantee
payment. Your failure to provide such assurances may be considered by us to be
a breach of this Agreement by you and may, in our sole discretion, result in
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.
Moreover, should we be forced to defend ourselves in any action or legal
proceeding in connection with any Service(s) provided to you, you shall have
sole responsibility to defend us against any such claim by the legal counsel of
our choosing. This indemnification is in addition to any indemnification
required under the UDRP. The terms of this paragraph will survive any
termination or cancellation of this Agreement.
26. Indemnification of registry operators.
You further agree to indemnify, defend and hold harmless all
applicable registry administrator(s) (including Verisign Inc., Neulevel, Inc.,
Public Interest Registry, Afilias Limited, and other registry operators listed
at http://www.icann.org/registries/listing.html)
and all such parties directors, officers, employees, and agents from and
against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential damages
and reasonable legal fees and expenses) arising out of, or related to, the
domain name registration services you are obtaining from us. You acknowledge
and agree that this clause survives the termination or expiration of this
Registration Agreement.
27. 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 OF THE 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. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED
DOMAIN NAME REGISTRAR, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, 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
ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE
OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES
TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR
E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND
RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR
DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED
THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR
E-MAIL SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
28. Right To Transfer Your Domain(s) As Part of Bulk /
Partial Bulk Transfer.
Jiinubi reserves the right to sell all or part of its domain
portfolio as a registrar. Upon such sale, You agree that Jiinubi may transfer
your domain(s) as part of a bulk or partial bulk transfer to the acquiring
registrar.
You also agree that, where Jiinubi is a reseller and makes
an acquisition in whole or in part of another registrars TLD portfolio that is
the registrar of record for Your domain(s), Jiinubi has the right to transfer
Your domain(s) from said registrar to Jiinubi s registrar credentials as part
of a bulk or partial bulk transfer.
29. Governing law and jurisdiction for disputes.
Except as otherwise set forth in the UDRP or any similar
ccTLD policy with respect to any dispute over a domain name registration this
Agreement, your rights and obligations and all actions contemplated by this
Agreement shall be governed by the laws of the United States of America and the
State of Arizona. You agree that any action brought by you to enforce this
Agreement or any matter brought by you and which is against or involves us and
which relates to your use of the Services shall be brought exclusively in the
United States District Court of Arizona, or if there is no jurisdiction in such
court, then in a state court in Maricopa County, State of Arizona. You consent
to the personal and subject matter jurisdiction of any state or Federal court
in Maricopa County, State of Arizona in relation to any dispute between you and
us under this Agreement. You agree that service of process on you by us in
relation to any dispute arising under this Agreement may be served upon you by
first class mail to the address listed by you in your account and/or domain
name WHOIS information or by electronically transmitting a true copy of the
papers to the email address listed by you in your account and/or domain name
WHOIS information.
Notwithstanding the foregoing, for the adjudication of third
party disputes (i.e., disputes between you and another party, not us)
concerning or arising from use of domain names registered hereunder, you shall
submit without objection, without prejudice to other potentially applicable
jurisdictions, to the subject matter and personal jurisdiction of the courts
(i) of the domicile of the registrant as it appears in the public WHOIS record
for the domain name(s) in controversy, and (ii) where we are located, currently
those State or federal courts whose geographic districts include Maricopa
County, State of Arizona.
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY
PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
30. Notices.
You agree that any notices required to be given under this
Agreement by us to you will be deemed to have been given if delivered in
accordance with the account and/or domain name WHOIS information you have
provided.
31. Final Agreement.
This Agreement, the referenced agreements, the ICANN Policy
and the UDRP, together with all modifications, constitute the complete and
exclusive agreement between you and us, and supersede and govern all prior
proposals, agreements, or other communications, subject to the terms set out in
Section 2 above. 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.
32. No Agency Relationship.
Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise between the
parties hereto. Each party shall ensure that the foregoing persons shall not
represent to the contrary, either expressly, implicitly, by appearance or
otherwise.
33. Waiver.
The failure of us to require your performance of any
provision hereof shall not affect the full right to require such performance at
any time thereafter; nor shall the waiver by us of a breach of any provision
hereof be taken or held to be a waiver of the provision itself.