Tags: applicable law, dallas texas usa, delaware corporation, domain name registration, domain registration agreement, electronic execution, heirs, icann, internet corporation for assigned names, internet corporation for assigned names and numbers, internet services inc, last modified january, registration rules, registry administrator, successors,
Domain Registration Agreement
(Last Modified January 15, 2007)
This Domain Name Registration Agreement ("Agreement") is by and between ThePlanet.com Internet Services, Inc.
("The Planet"), a Delaware corporation, and You, Your heirs, agents, successors and assigns ("You"), and is made
effective as of the date of electronic execution. This Agreement sets forth the terms and conditions of Your use of The
Planet's Domain Name Registration and represents the entire agreement between You and The Planet. By
participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the
terms and conditions of this Agreement, including our dispute policy, along with any new, different or additional terms,
conditions or policies which The Planet may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this
agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered
into by anyone who uses the account You've established with The Planet, whether or not the transactions were in
Your behalf. You acknowledge that The Planet's acceptance of any application made by You for services provided by
The Planet will take place at The Planet's offices located in Dallas, Texas, USA.
You acknowledge that The Planet is a registrar bound by an agreement between The Planet and the Internet
Corporation for Assigned Names and Numbers ("ICANN"). You agree that The Planet may modify this agreement in
order to comply with applicable law and the terms and conditions set forth by the Internet ICANN and/or the Registry
Administrator chosen by ICANN, as well as any registration rules or policies that may be published from time to time
by The Planet.
Fees
In consideration for the services and products ("Service") purchased by You and provided to You by The Planet, You
agree to pay The Planet at the time Service is provided. You understand that ICANN requires The Planet to collect a
small registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are
non-refundable. If for any reason The Planet is unable to charge Your Payment Method for the full amount owed The
Planet for the Service provided, or if The Planet is charged a penalty for any fee it previously charged to your
Payment Method, You agree that The Planet may pursue all available remedies in order to obtain payment. You
agree that among the remedies The Planet may pursue in order to effect payment, shall include but will not be limited
to, immediate cancellation without notice to You of any domain names registered or renewed on Your behalf. The
Planet reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular
services. These include, but are not limited to, customer service issues that cannot be handled over email but require
personal service, and disputes that require legal services. These charges will be billed to the Payment Method we
have on file for You.
Domain Name Renewals
When You register a domain name, You have the option to elect that the domain name be automatically renewed
upon reaching the expiration date. If You elect the automatic renewal option, The Planet will automatically renew, for
a period equivalent to the length of your original registration, any domain name that is up for renewal and will take
payment from the Payment Method You have on file with The Planet, at The Planet 's then current rates. Thus, if you
have chosen to register your domain name for one year, The Planet will automatically renew it for one year. If you
have chosen to register your domain name for two years, The Planet will automatically renew it for two years, and so
on. Domain name renewals will be non refundable. If for any reason The Planet 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. If You do not elect that the domain name be automatically renewed, You have the
responsibility of logging into Your Orbit account for that domain name and manually implementing the renewal by the
expiration date (should You in fact want the domain name to be renewed). In this case, if You fail to manually
implement the renewal in a timely fashion the domain name will be cancelled and You will no longer have use of that
name. You agree that The Planet will not be responsible for cancelled domain names that You fail to renew, either
automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges
may apply. If You signed up for any other service in conjunction with Your domain registration, these services may be
automatically renewed when Your domain registration is up for renewal, and You may incur an additional renewal fee
unless You cancel in advance.
If you fail to renew your domain name, you agree that The Planet may, at its sole discretion, renew your expired
domain name on your behalf. If The Planet decides to renew your expired domain name on your behalf you will have
a Renewal Grace Period during which you may reimburse The Planet for the renewal and keep your domain name.
The Renewal Grace Period is currently 30 days but subject to change under the terms of Section 2 of this Agreement.
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If you do not reimburse The Planet for the renewal during the Renewal Grace Period your domain name will be
placed on Hold and flagged for deletion after which you will have a 30 day Redemption Grace Period during which
you may pay The Planet a Redemption fee and redeem your domain name. The Redemption fee is currently $80
USD and is subject to change under the terms of Section 2 of this agreement.
If you do not redeem your domain name prior to the end of the Redemption Grace Period The Planet may, at its sole
discretion, delete your domain name or transfer it to another registrant on your behalf.
Term of Agreement; Modifications
The term of this agreement shall continue in full force and effect as long as You have any domain name registered
through The Planet. You agree that You will not transfer any domain name registered through The Planet to another
domain name registrar during the first sixty (60) days from its initial registration date. You further agree that The
Planet may charge You a small fee if You cancel Your domain within the five (5) day grace period after registering
Your domain with The Planet and The Planet refunds the price of Your domain. The Planet will not charge You a fee
if The Planet cancels Your domain name during this period because of fraud.
You agree that The Planet may modify this agreement from time to time. The Planet may also discontinue services it
provides under this agreement. You agree to be bound by any changes The Planet may reasonably make to this
agreement when such changes become effective. Should You elect to cancel Your agreement with The Planet You
will not receive a refund for any fees You may have paid to The Planet.
You agree that The Planet shall not be bound by any representations made by third parties who You may use to
purchase services from The Planet, and that any statements of a general nature, which may be posted on The Planet
's web site or be contained in The Planet 's promotional materials, will not bind The Planet.
Up To Date and Use of Information
You agree to notify The Planet 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 The Planet 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 The Planet 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.
You agree that for each domain name registered by You the following information will be made publicly available in
the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
· The domain name
· Your name and postal address
· The 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
· The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, The Planet 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.
Transfer of Domain Names; Resale Practices
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. In order to further protect Your domain, any domain registered with The
Planet or transferred to The Planet shall be placed on lock status. The domain must be placed on unlock status in
order to modify any of the Whois information including the name servers, or initiate a transfer of the domain name
away from The Planet to a new Registrar. You may log into Your account with The Planet at any time after Your
domain name has been successfully transferred to The Planet, and change the status to unlock.
You agree to inform any customer of Yours, who may be acquiring a domain name through You using The Planet 's
registration services, that they are in fact registering their domain name through The Planet and that The Planet 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.
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You agree to obtain each of Your customers' acceptances of The Planet 's then current Domain Registration
Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should You
require that Your customers accept additional terms and conditions that are not required by The Planet, You agree
that such additional terms and conditions shall not conflict with The Planet 's Domain Registration Agreement and the
policies and business procedures adopted by ICANN.
You agree that The Planet is not lending You access to its registrar connections or its registry access, nor will You be
deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to The Planet
's registrar connections or registry access. You agree to provide complete, accurate and current data for each
registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.
You agree to provide Your customers with adequate customer support, and to maintain contact with them with regard
to providing a medium for them to communicate changes in the information they provided as part of the domain name
registration process. Upon receiving corrected or updated information You will, within 5 business days, provide such
information to The Planet so The Planet may update its registration records. You will retain copies of all
communications between You and Your customers and will upon request provide The Planet copies of same.
Restriction of Services; Right of Refusal
You agree not to use the services provided by The Planet, or to allow or enable others, to use the services provided
by The Planet for the purposes of:
The transmission of unsolicited email (Spam).
Repetitive, high volume inquires into any of the services provided by The Planet (i.e. domain name availability, etc.).
If You are hosting Your domain's domain name servers ("DNS") on The Planet '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 The Planet, You are responsible for ensuring that there is no excessive overloading on The Planet's
DNS systems. You may not use The Planet'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 The Planet reserves the right to
deactivate Your domain name from its DNS system if The Planet deems it is the recipient of activities caused by your
site that threaten the stability of its network.
You agree that The Planet, in its sole discretion and without liability to You, may refuse to accept the registration of
any domain name. The Planet also may in its sole discretion and without liability to You delete the registration of any
domain name during the first thirty (30) days after registration has taken place. The Planet may also cancel the
registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally
objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to
defame, embarrass, harm, abuse, threaten, slander or harass third parties; activities prohibited by the laws of the
United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful
behavior by others, such as hate crimes, terrorism and child pornography; activities that are tortuous, vulgar,
obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to
impersonate the identity of a third party; and activities designed to harm minors in any way. In the event The Planet
refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will
receive a refund of any fees paid to The Planet in connection with the registration either being canceled or refused. In
the event The Planet deletes the registration of a domain name being used in association with spam or morally
objectionable activities, no refund will be issued.
Suspension of Services; Breach of Agreement
You agree that, in addition to other events set forth in this agreement, Your ability to use any of the services provided
by The Planet 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.
You agree that Your failure to comply completely with the terms and conditions of this agreement and any The Planet
rule or policy may be considered by The Planet to be a material breach of this agreement and that The Planet may
provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide
The Planet with material evidence that You have not breached Your obligations to The Planet within ten (10)
business days, The Planet may terminate its relationship with You and take any remedial action available to The
Planet under the applicable laws. Such remedial action may be implemented without notice to You and may include,
but is not limited to, canceling the registration of any of Your domain names and discontinuing any services provided
by The Planet to You. No fees will be refunded to You should Your agreement be cancelled or services be
discontinued because of a breach.
The Planet '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.
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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 The
Planet may from time to time modify its Dispute Resolution Policy. The Planet 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 The Planet after the updated policy becomes effective that You agree to the Dispute Resolution
policy as amended. You agree to review The Planet 's web site periodically to determine if changes have been made
to the Dispute Resolution Policy.
You agree that if a dispute arises as a result of one or more domain names You have registered using The Planet,
You will indemnify, defend and hold The Planet harmless as provided for in this agreement. You also agree that if
The Planet is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a
domain name registered by You using The Planet, that The Planet, in its sole discretion, may take whatever action
The Planet 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 The Planet harmless for any action taken by
The Planet.
Limitation of Liability
You agree that The Planet's entire liability to you under this agreement, and your only remedy, in connection with any
service provided by The Planet, to you under this agreement, and for any breach of this agreement by The Planet,
shall be limited to the fees you paid to The Planet for the particular service in contention. The Planet and its agents
and contractors shall not be liable for any direct, indirect incidental, special, or consequential damages resulting from
the use of or inability to use any of The Planet 's services or for the cost of obtaining substitute services. Because
certain states do not permit the limitation of elimination of liability for certain types of damage, The Planet 's liability
shall be limited to the smallest amount permitted by law. The Planet disclaims any loss or liability resulting from:
· access delays or interruptions to our web site or domain name registration system
· data non-delivery or misdelivery between You and The Planet
· events beyond our control (i.e. acts of God)
· the loss of registration or processing of a domain name or the use of a domain name
· the failure for whatever reason to renew a domain name registration
· the unauthorized use of Your account with The Planet or any of services provided to You by The Planet
· errors, omissions or misstatements
· deletion of, failure to store, or failure to process or act upon email messages
· processing of updated information to Your registration record
· development or interruption of Your web site
· errors taking place with regard to the processing of Your application
· application of The Planet 's Dispute Resolution Policy
· any act or omission caused by You or Your agent (whether authorized by You or not)
Indemnity
You agree to release, defend, indemnify and hold harmless The Planet and its contractors, agents, employees,
offices, directors, shareholders and affiliates from and against any losses, damages or costs, including reasonable
attorney's fees, resulting from any claim, action, proceeding suit or demand arising out of or related to Your (including
Your agents, affiliates or anyone using Your account with The Planet whether or not on Your behalf, and whether or
not with Your permission) use of the services provided by The Planet. Should The Planet be notified of a pending
lawsuit, or receive notice of the filing of a lawsuit, The Planet may seek a written confirmation from You concerning
Your obligation to indemnify The Planet. Your failure to provide such a confirmation may be considered a breach of
this agreement.
Representation and Warranties
You warrant that all information provided by You as part of the registration process is complete and accurate. You
also warrant that each registration You make is being done so in good faith and that You have no knowledge of it
infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade
name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.
You agree that The Planet makes no representations or warranties or any kind in connection with this agreement and
specifically makes no guaranty to You against the possibility of objection to, or challenge of, the registration or use of
any domain name You register with The Planet.
The Planet expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any
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liability, civil or criminal, on the part of The Planet, as well as its affiliates, subsidiaries, officers, directors and
employees. The Planet also reserves the right to freeze a domain name during resolution of a dispute.
Disclaimer of Warranties
The Planet expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the
implied warranties of merchantability, fitness for a particular purpose and non-infringement. The Planet makes no
warranty that its service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or
error free, or that defects will be corrected. The Planet does not warrant, nor make any representations regarding the
use, or results of, any of the services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
Severability; Entirety
You agree that the terms of this Agreement are severable. If any part of this Agreement is determined to be
unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as
possible, in line with the original intention of both parties to the Agreement. The remaining terms and conditions of the
Agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitute the
complete and only agreement between You and The Planet regarding the services contemplated herein.
Venue; Waiver of Trial by Jury
This agreement shall be deemed entered into in the state of Texas . Except for disputes concerning the user of a
domain name registered with The Planet, the laws and judicial decisions of Dallas County , Texas , shall be used to
determine the validity, construction, interpretation and legal effect of this agreement. You agree that any action
relating to or arising out of this agreement, shall be brought in the courts of Dallas County , Texas .
You agree to waive the right to trial by jury in any proceeding that takes pace relating to or arising out of this
agreement.
Notices
You agree that all notices (except for notices concerning breach of this agreement) from The Planet to You may be
posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach
will be sent either to the email address You have on file with The Planet or mailed first class postage to the postal
address You have on file with The Planet. In both cases, delivery shall be deemed to have been made five (5) days
after the date sent. Notices from You to The Planet shall be made either by email, sent to the address we provide on
our web site, or first class mail to our address at:
Legal Department
The Planet Internet Services, Inc.
835 Greens Parkway, Suite 150
Houston, TX 77067
Delivery shall be deemed to have been made by You to The Planet five (5) days after the date sent.
Provisions Specific to All Registrations
You agree to be bound by the rules, policies, and agreements of each Registry from which You purchase a domain
registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain
Registries.
Provisions Specific to .COM, and .NET Registrations Indemnification
You agree to indemnify, defend and hold harmless the .COM and .NET Registry Operator, VeriSign, Inc., and its
directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs
and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name
holder's domain name registration.
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