Domain Name Registration Agreement This Solutions LLC Domain Name Registration Agreement (”Agreement”) is by and between reThink Education Hosting LLC , an Oklahoma Limited Liability Company (””) 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 RED’s Domain Name Registration and represents the entire agreement between You and RED. 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 and the ICANN Transfer Dispute Resolution Policy along with any new, different or additional terms, conditions or policies, including the Universal Terms of Service which RED 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 RED , whether or not the transactions were in Your behalf. You acknowledge that RED’s acceptance of any application made by You for services provided by RED will take place at the Internet Corporation for Assigned Names and Numbers (”ICANN”) accredited registrar’s offices located in Oklahoma, USA.
You acknowledge that RED is a registrar bound by an agreement between RED and ICANN. You agree that RED may modify this agreement in order to comply with applicable law and the terms and conditions set forth by the 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 RED.
In consideration for the services and products (”service”) purchased by You and provided to You by RED , You agree to pay RED at the time service is provided. Payment is to be made by You by providing either a valid credit card, or Paypal. Personal checks must be for payments of $100 or more, and issued in U.S. dollars for the full amount required at that time. All personal checks will be delayed fourteen (14) days until the money is credited, which may delay Your usage of the product or service, and any check that bounces will result in a $25 bounced check fee. If You purchase an automatically renewing service or product by personal check, it is Your responsibility to make payment arrangements for each renewal payment. You understand that ICANN requires RED to collect a registration fee when you purchase your domain name registration. You agree to pay such fees. Payments are non-refundable. If for any reason RED is unable to charge Your Payment Method for the full amount owed RED for the service provided, or if RED is charged a penalty for any fee it previously charged to your Payment Method, You agree that RED may pursue all available remedies in order to obtain payment. You agree that among the remedies RED 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. RED 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. You may change your Payment Method at any time by logging into Your Billing Center.
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, RED 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 RED , at RED’s then current rates. Thus, if you have chosen to register your domain name for one year, RED will automatically renew it for one year. If you have chosen to register your domain name for two years, RED will automatically renew it for two years, and so on. Domain name renewals will be non-refundable. If for any reason RED 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 account manager 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 RED 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 domain masking, domain forwarding, or any other similar service, 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 RED may, at its sole discretion, renew your expired domain name on your behalf. If RED decides to renew your expired domain name on your behalf you will have a Renewal Grace Period during which you may reimburse RED for the renewal and keep your domain name. The Renewal Grace Period is currently 12 days but subject to change under the terms of Section 2 of this Agreement. If you do not reimburse RED 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 period during which you may pay RED a Redemption fee and redeem your domain name. The Redemption fee is currently $70 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 30 day redemption period RED may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.
If your domain is deleted, the Registry also provides a 30 day Redemption Grace Period during which you may pay RED a redemption fee and redeem your domain name. The redemption fee is currently $70 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 Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.
2. 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 RED. You agree that You will not transfer any domain name registered through RED to another domain name registrar during the first sixty (60) days from its initial registration date.
You agree that RED may modify this agreement from time to time. RED may also discontinue services it provides under this agreement. You agree to be bound by any changes RED may reasonably make to this agreement when such changes become effective. Should You elect to cancel Your agreement with RED You will not receive a refund for any fees You may have paid to RED .
You agree that RED shall not be bound by any representations made by third parties who You may use to purchase services from RED, and that any statements of a general nature, which may be posted on RED’s web site or be contained in RED’s promotional materials, will not bind RED.
3. up to date information; use of information and expiration
You agree to notify RED 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 RED 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 RED 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 contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the registered name holder and, if different from the registered name holder, the same contact information for, a technical contact, an administrative contact and a billing contact
You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both RED 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.
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, RED 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.
4. 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 RED may from time to time modify its Dispute Resolution Policy. RED 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 RED after the updated policy becomes effective that You agree to the Dispute Resolution policy as amended. You agree to review RED’s web site periodically to determine if changes have been made to the Dispute Resolution Policy. If You cancel Your agreement with RED as a result of the modified Dispute Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more domain names You have registered using RED, You will indemnify, defend and hold RED harmless as provided for in this agreement. You also agree that if RED is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by You using RED, that RED, in its sole discretion, may take whatever action RED 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 RED harmless for any action taken by RED.
5. 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 our Domain Transfer Agreement . In order to further protect Your domain, any domain registered with RED or transferred to RED 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 RED to a new Registrar. You may log into Your account with RED at any time after Your domain name has been successfully transferred to RED , and change the status to unlock.
You are responsible for following the instructions in the verification emails sent to you by your current registrar and by RED. If you do not receive the emails, or need assistance with the process, you must contact us through the Client Portal. We are not responsible for transfers that you have initialed but failed to complete. We do not offer refunds on transfers that have not been completed within 30 days of initiating the transfer. If you wish to cancel a transfer request that has failed, you may do so within 30 days after initiating the transfer. Your account will be credit for the amount charged to you for the transfer alone.
In the event You are purchasing 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 RED’s registration services, that they are in fact registering their domain name through RED and that RED 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.
You agree to obtain each of Your customers’ acceptances of RED’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 RED, You agree that such additional terms and conditions shall not conflict with RED’s Domain Registration Agreement and the policies and business procedures adopted by ICANN.
You agree that RED 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 RED’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 RED so RED may update its registration records. You will retain copies of all communications between You and Your customers and will upon request provide RED copies of same.
6. suspension of services; breach of agreement
You agree that, in addition to other events set forth in this agreement, (i) Your ability to use any of the services provided by RED 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, and (ii) Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any RED procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by RED or the registry operator in registering any domain name or (2) for the resolution of disputes concerning any domain name.
You agree that Your failure to comply completely with the terms and conditions of this agreement and any RED rule or policy may be considered by RED to be a material breach of this agreement and that RED may provide You with notice of such breach either in writing or electronically (i.e. email). In the event You do not provide RED with material evidence that You have not breached Your obligations to RED within ten (10) business days, RED may terminate its relationship with You and take any remedial action available to RED 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 RED to You. No fees will be refunded to You should Your agreement be cancelled or services be discontinued because of a breach.
RED’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.
7. restriction of services; right of refusal
You agree not to use the services provided by RED, or to allow or enable others, to use the services provided by RED for the purposes of:
The transmission of unsolicited email (Spam).
Repetitive, high volume inquires into any of the services provided by RED (i.e. domain name availability, etc.).
If You are hosting Your domain’s domain name servers (”DNS”) on RED’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 RED, You are responsible for ensuring that there is no excessive overloading on RED’s DNS systems. You may not use RED’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 RED reserves the right to deactivate Your domain name from its DNS system if RED deems it is the recipient of activities caused by your site that threaten the stability of its network.
You agree that RED, in its sole discretion and without liability to You, may refuse to accept the registration of any domain name. RED 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. RED 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 tortious, 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 RED refuses a registration or deletes an existing registration during the first thirty (30) days after registration, You will receive a credit to your account of any fees paid to RED in connection with the registration either being canceled or refused. In the event RED deletes the registration of a domain name being used in association with spam or morally objectionable activities, no credit will be issued.
8. limitation of liability
You agree that RED’s entire liability to you under this agreement, and your only remedy, in connection with any service provided by RED , to you under this agreement, and for any breach of this agreement by RED , shall be limited to the fees you paid to RED for the particular service in contention. RED 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 RED’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, RED’s liability shall be limited to the smallest amount permitted by law. RED disclaims any loss or liability resulting from:
- access delays or interruptions to our web site or domain name registration system
- data non-delivery or mis-delivery between You and RED
- 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 RED or any of services provided to You by RED
- 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 RED’s Dispute Resolution Policy
- any act or omission caused by You or Your agent (whether authorized by You or not)
You agree to release, defend, indemnify and hold harmless RED 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 RED whether or not on Your behalf, and whether or not with Your permission) use of the services provided by RED. Should RED be notified of a pending law suit, or receive notice of the filing of a law suit, RED may seek a written confirmation from You concerning Your obligation to indemnify RED. Your failure to provide such a confirmation may be considered a breach of this agreement.
10. 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 RED 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 RED.
RED 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 liability, civil or criminal, on the part of RED, as well as its affiliates, subsidiaries, officers, directors and employees. RED also reserves the right to freeze a domain name during resolution of a dispute.
11. disclaimer of warranties
RED 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. RED 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. RED 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.
12. 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 RED regarding the services contemplated herein.
13. venue; waiver of trial by jury
This agreement shall be deemed entered into in the state of Oklahoma. Except for all disputes concerning the use of a domain name registered with RED, the laws and judicial decisions of Cleveland County, Oklahoma, shall be used to determine the validity, construction, interpretation and legal effect of this agreement. For the adjudication of disputes concerning or arising from the use of a domain name registered with RED, You shall submit, without prejudice to other potential applicable jurisdictions, to the jurisdiction of the courts (1) of Your domicile and (2) where RED is located. You agree that any action relating to or arising out of this agreement, shall be brought in the courts of Cleveland County, Oklahoma.
You agree to waive the right to trial by jury in any proceeding that takes place relating to or arising out of this agreement.
You agree that all notices (except for notices concerning breach of this agreement) from reThink Education Hosting LLC 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 reThink Education Hosting LLC or mailed first class postage to the postal address You have on file with reThink Education LLC. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from You to reThink Education Hosting LLC shall be made either by email or sent to the address we provide on our web site via our Client Portal.
15. 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.