Professional Documents
Culture Documents
com)
YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the Uniform Domain-Name Dispute-Resolution Policy
("UDRP") (dened below) and any rules, policies, or agreements published in association with specic Services and/or which may be adopted or enforced
by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.
1. CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable
law which may or may not be reected in the text of this Agreement, or otherwise. We may, in our sole and absolute discretion, change or modify this
Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modications shall be eective
immediately upon posting to this Site. Your continued use of the Site or Services following the posting of any changes to this Agreement constitutes
your binding acceptance of those changes.
3. YOUR ACCOUNT: You must create an account to use the Services ("Account"). You are solely responsible for maintaining, securing, updating, and
keeping strictly condential all login IDs and passwords, and for all access to and use of your Account by you or any third party.
iv. 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. If you do not provide complete name-server information, or if you purchase "Name Only"
Services, we may supply this information (and point your domain name to a website of our choosing) until such time as you elect to supply
the name-server information or until such time as you elect to upgrade from "Name Only" Services.
b. OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
i. If, in obtaining Services, you provide information about or on behalf of a third party, you represent and warrant that you have (a) provided
notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) obtained the third
party's express written consent to the disclosure and use of that party's information as set forth in this Agreement.
ii. You represent and warrant that the statements in your application are true and that no Services are being procured for any unlawful
purpose, including but not limited to the infringement of any intellectual property right, the unauthorized transfer to yourself or any other
party of any domain name or Services, or the violation of any laws, rules, or regulations (the "Illegal Uses"). Providing inaccurate
information, failing to immediately update information or engaging in any Illegal Uses will constitute an incurable material breach of this
Agreement. Your failure to respond for over ten (10) calendar days to inquiries by us concerning the accuracy of Account and WHOIS
contact information shall constitute an incurable material breach of this Agreement.
iii. You are responsible for regularly monitoring email sent to the email address in your Account. You may lose your rights to the domain
name(s) or your right to receive the Services if you do not respond appropriately and timely to an email sent in conjunction therewith.
e. VERIFIED ACCOUNTS:
i. You may become a Veried Account Holder by providing us authentication materials. Pheenix may require that you provide a true and
correct copy of your driver's license, government photo identication, passport, social security number, utility bill with current residential
address, and/or a notarized adavit verifying your identity. In addition, Pheenix may require video authentication. Based upon a review of
the requested materials, Pheenix, at its sole discretion, will determine your eligibility as a Veried Account Holder.
4. OUR SERVICES:
i. We provide a venue for third-parties to request a backorder for currently registered domain names. While some processes may
occur in an auction style format or operate with the label "Auction" or "Online Auction", we are not an auctioneer, auction house, or an
escrow agent.
ii. We can acquire a registered domain name that subsequently becomes or is made available for public registration. There is no initial fee for
placing a backorder request, and you will only be charged if the Company is successful in securing an ordered domain name on your
behalf. If a backordered domain name that is sought via the Services becomes available for public registration due to any circumstance, we
will make commercially reasonable eorts to acquire the domain name and register it through its own registrar, or one of its registrar
partners on your behalf.
iii. We do not and cannot guarantee acquisition of any domain name, nor can we guarantee at which registrar the name will ultimately be
registered upon its deletion by the applicable registry operator. To maximize your chances of getting the domain name you want, we use a
network of many registrars, in addition to our registrars, to attempt to acquire domain names. The domain name you backorder may
therefore be registered through a registrar other than one of our registrars.
iv. If we register a domain name in response to your backorder request, you acknowledge that the duration of the initial domain name
registration term may vary slightly depending on the method used fulll your order. If the domain was registered to you after deletion from
a domain registry, the registration term will be for 365 days from the date of acquisition. If the domain did not go through deletion but
rather was registered to you via a registrar transfer, the registration term will be for 365 days from the date of expiration listed in the
WHOIS for that domain.
v. In order to assist you in identifying and determining the status of domain names you may wish to order, we may oer on our website
WHOIS look-up services, in addition to services that provide information on names that are about to or have already expired, are about to
be deleted, or have just been made available to the public for registration via our site. Information about the status of a domain name is
oered on a commercially reasonable basis, and to our knowledge, no entity is able to reliably oer complete and real-time information on
the status of a domain name during the time just before or soon after its deletion by the registry. You should always attempt to obtain
independent conrmation of a domain name's status by performing a WHOIS look-up, found on the website of any ICANN-accredited
registrar, including our website, prior to placing an order.
vi. Unless you specify nameservers that should be assigned to the ordered domain name upon its registration, 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.
vii. In the event that we successfully obtains registration rights for the selected domain name, and if there are no other backorder request for
the selected domain name, you agree to pay any and all required fees to us immediately after the selected domain name has been
registered. Valid payment must be received within forty-eight (48) hours from the date of the selected domain name's registration
("Payment Deadline"). You understand and agree that you bear the sole responsibility for making timely and valid payment, and that we
disclaim any responsibility for failed or un-received payment, regardless of reason or fault. In the event that we do not receive your timely
and valid payment by the Payment Deadline, you will immediately lose the right to purchase the domain.
viii. In the event that we obtain registration rights for a requested domain name, and if there are two or more backorder requests by multiple
parties for the same domain name (hereinafter, "Backordering Bidders"), you understand and agree that an auction will commence
immediately after we have obtained the registration rights for the domain name. You understand and agree that the auction will be Public
("Public Auction"). You also understand and agree that participation for these Public Auctions is open to third-parties ("Third-Party
Bidders"), and participation is not limited to those parties who have submitted backorder requests for the selected domain name ahead of
time.You acknowledge and agree that we shall have no liability to you for failing to submit a backorder request prior to the release of the
selected domain name.
ix. You understand and agree that you may specify a maximum amount that you are willing to bid on a domain, and that our system will
automatically increase your bid amount by the minimum bid increment each time another bidder places a bid, so that you remain the high
bidder, up to your maximum amount ("Proxy Bidding"). You acknowledge and agree that all Proxy Bids are nal and irreversible, and that
you may not lower your maximum bid amount, or cancel the Proxy Bid, except under extenuating circumstances as determined in our sole
discretion. However, you may increase your maximum bid amount by placing a new Proxy Bid. If more than one bidder species identical
maximum bid amounts, the bid processed earlier in time, as determined by our system, prevails. We may set a reserve price for the domain
name. If the parties do not place an oer that meets the reserve price, the domain name may be retained by us, deleted or otherwise
disposed of by us as we see t in our sole discretion.
x. In the event that we successfully obtain registration rights for the selected domain name, and if there are two or more backorder requests
for the selected domain name, a Public Auction will commence. For all completed Public Auctions, and if you are the winning bidder as
determined by us our its sole discretion ("First Place Winner"), valid payment must be received within the Payment Deadline. You
understand and agree that you bear the sole responsibility for making timely and valid payment, and that we disclaim any responsibility for
failed or un-received payment, regardless of reason or fault. In the event that we do not receive your timely and valid payment by the
Payment Deadline, You will immediately lose the right to purchase the domain. The party who placed the next highest auction bid as
determined by us in our sole discretion ("Second Place Winner"), then has the right to purchase the domain. If you are the Second Place
Winner, valid payment must be received within twenty-four (24) hours from the end of the First Place Winner's Payment Deadline. You
understand and agree that you bear the sole responsibility for making timely and valid payment, and that we disclaim any responsibility for
failed or un-received payment, regardless of reason or fault. In the event that we do not receive your timely and valid payment, you will
immediately lose the right to purchase the domain.
xi. Backordering Bidders placing a winning bid will make payment pursuant to Section 4(c)(x) above. Third-Party Bidders placing a winning
bid will make payment pursuant to Section 4(c)(x) above, plus an additional public auction fee, which shall be determined by Pheenix and
may be subject to change without notice.
xii. You understand and agree that transfer of ownership will not be completed until (i) we have received your timely and valid payment, and
(ii) upon the termination of the Public Auction, should any Public Auction be held for the selected domain name. You further understand
and agree that the transfer by us of any backordered domain name to a winning bidder is done without warranty, and we expressly
disclaims any and all warranties or representations that the backordered domain name does not infringe upon the intellectual property
rights of any third party.
xiii. Once you have received use, possession, and/or control over the domain you have purchased through our domain name backordering
system, normal terms and conditions of domain name registrations as set forth elsewhere in this Agreement apply. You acknowledge and
agree that the term of the registration is whatever period is so stated in Section 4(c)(iv), or as stated in your Account.
xiv. All Domain Sales are nal, irreversible, non-refundable, and ineligible for account credit.
xv. Not all domain extensions are available for backordering.
xvi. Pheenix and its partners, subsidiaries, and aliate companies may place a backorder on a domain name (hereinafter, a "Corporate
Backorder").
xvii. The provisions of this section are subject to Section 4(d) below.
d. BACKORDER PRIORITY.
i. Customers may place a Gold Backorder and a Super Saver Backorder at http://www.pheenix.com (http://www.pheenix.com) and
http://www.pheenix.cn (http://www.pheenix.cn).
ii. The cost to place a Super Saver Backorder may be lower than the cost to place a Gold Backorder, however, the costs may be changed at
anytime by us without notice, and the costs are subject to the provisions of Section 6 below.
iii. If there is a Gold Backorder and a Super Saver Backorder on the same domain name, the Gold Backorder will be given priority to register
the domain name.
iv. If there are multiple Super Saver Backorders, and no Gold Backorders, on the same domain name, the provisions of Section 4(c) above will
apply to determine which Super Saver Backorder receives registration priority.
v. A Corporate Backorder will be given the same backorder priority as a Gold Backorder pursuant to Sections 4(d)(i)-(iv) above.
e. BACKORDER CREDITS.
i. We may oer the ability for customers to pre-purchase backorder credits for a discounted price (hereinafter, a "Backorder Credit"). In the
event that you place a backorder, the Backorder Credit will automatically be applied to your registrant account if the backorder request is
successful.
ii. Backorder Credits are non-refundable, and must be fully paid for at the time of purchase.
iii. Backorder Credits are non-transferrable, and may be used only by the user account associated with the purchase of the Backorder Credit.
Users having multiple registrar accounts with us cannot use a Backorder Credit for an account not associated with the purchase of that
Backorder Credit.
iv. Only one Backorder Credit may be used for each domain name backorder that is subsequently purchased.
v. Backorder Credits can only be applied to future backorder purchases, and cannot be applied toward backorder purchases made prior to
the purchase of the Backorder Credit.
vi. We reserve the right to modify the Backorder Credit pricing and terms, at our sole discretion, and we reserve the right to discontinue
oering Backorder Credits without any notice.
f. PHEENIX POINTSTM
i. You can accumulate Pheenix Points for every dollar ($) that you spend with us. Points are accrued on one-to-one basis, and spent dollars
are rounded to the nearest dollar (i.e., $1.50 is rounded to 2 points, and $1.49 is rounded to 1 point).
ii. Pheenix Points do not necessarily equate to the same purchasing power as dollars, and the purchasing power of one Pheenix Point against
may uctuate. We reserve the right to modify the Pheenix Point-to-dollar ratio at our sole discretion. For example, purchasing a backorder
may cost $18.95, or the backorder may be purchased by using 2,000 Pheenix Points.
iii. Pheenix Points have no monetary value, and cannot be redeemed for cash value.
iv. Pheenix Points are non-transferrable, and may be used only by the user account that accrued the Pheenix Points. Users having multiple
registrar accounts with us cannot transfer Pheenix Points between dierent registrar accounts.
v. Purchases made using Pheenix Points are not eligible to accrue Pheenix Points.
i. As .CN is a restricted top-level domain, you are required to undergo both a domain name check and a real name verication process as
required by the People's Republic of China.
ii. If a .CN domain name is not permitted to be registered by the People's Republic of China, as determined by us, the .CN Registry Operator,
or any authorized third-party responsible for making such determinations, you application for registration will be unsuccessful and the
domain name will be deleted, and you will be entitled to a refund of registration fees.
iii. If a .CN domain name is permitted to be registered by the People's Republic of China, the domain name may not be activated for resolution
on the Internet until you have submitted valid documents required by the .CN Registry Operator to perform a verication of your real
name. The following documents may be acceptable forms of identication that you can submit:
1. China: Resident ID, temporary resident ID, business license or organization code certicate
iv. Documents you provide to us may be shared with the .CN Registry Operator for the purpose of real name verication, and are otherwise
subject to our Privacy Policy.
i. .DE domain name registration is subject to a local presence requirement. The Registrant or Administrative Contact for a .DE domain must
reside in Germany. Please note that a P.O. Box does not satisfy the local presence requirement.
ii. The .DE Registry Operator requires that the domain name has two active name servers, which must be active at the time of registration,
and which must be on dierent subnets (i.e., dierent class-C networks). If you cannot provide two active name servers at the time of
registration, your order may still process and complete, however there will be a 30-day window in which you must update your name
servers. If you fail to do so within this time frame, the .DE Registry Operator will delete the domain name, and refunds will not be given. The
name servers associated with the domain name at the time of the order cannot be changed during the 30-day window.
i. .EU domain name registration is limited to individuals and companies with a connection to a European Union member state. Registration is
subject to meeting the following eligibility criteria:
1. Undertakings should have their registered oce, central administration or principal place of business within the
European Community.
2. Organizations established within the European Community without prejudice to the application of the national
law.
ii. The following .EU domain names have been reserved for use by either the European Union institutions, one of the European Union member
states, EEA countries, countries in the EU accession phase or EURid (the .EU registry):
1. eurid.eu
2. registry.eu
3. nic.eu
3. dns.eu
3. internic.eu
3. whois.eu
3. das.eu
3. coc.eu
i. .FR domain name registration requires that the registrant (both an individual or legal entity) either resides or has its headquarters or
principal place of business in Europe or within the territories of Iceland, Liechtenstein, Norway, or Switzerland.
ii. Please note that the .FR Registry does not require documentary proof of the above information at the time of registration, but if requested
you will need to provide documentary proof within two weeks of the domain being registered; failure to do so could result in your domain
names(s) being cancelled.
iii. For companies, either a valid Trademark or SIREN/SIRET number is required.
i. .IT domain name registration requires that the administrative contact be a resident of a European Union member state.
ii. If the registrant is a legal entity, then a VAT (Value Added Tax) number is required.
iii. If the owner of the domain is an individual, then a birth date and place of birth is required, as well as a national identity document,
passport, or driver's license copy.
iv. The DNS servers used must be congured in advance.
i. Note that registrants who own an existing co.uk, org.uk, me.uk, net.uk, plc.uk or ltd.uk registered prior to Oct. 29, 2013 will have their .UK
domain name reserved for free up until June 10, 2019, as long as the existing domain name remains registered.
ii. .UK domain name registration required a postal address in the United Kingdom (i.e., within Great Britain, Guernsey, Jersey, or Isle of Man).
Please note that a P.O. Box does not satisfy the local presence requirement, as it formerly allowed for .CO.UK domain name registration.
i. .US domain name registration is subject to a nexus requirement, whereby registrants must be either:
1. A natural person (i) who is a United States citizen, (ii) who is a permanent resident of the United States of
America or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States
of America or any of its possessions [Nexus Category 1],
2. A United States entity or organization that is (i) incorporated within one of the fty (50) U.S. states, the District
of Columbia, or any of the United States possessions or territories, or (ii) organized or otherwise constituted
under the laws of a state of the United States of America, the District of Columbia or any of its possessions or
territories (including a federal, state, or local government of the United States or a political subdivision thereof,
and non-commercial organizations based in the United States) [Nexus Category 2], or
2. 3. A foreign entity or organization that has a bona de presence in the United States of America or any of its
possessions or territories [Nexus Category 3].
i. There are no specic requirements to register a .MOBI domain name. Everyone can register .MOBI domain names. However, the .MOBI
Registry regularly audits all .MOBI sites to ensure .MOBI compliance. Compliance ensures that the site has been optimized for display on
mobile devices. Mandatory requirements for building a .MOBI website are as follows:
1. Must use XHTML Mobile Prole 1.0 as the default for the landing page
ii. Any non-compliant .MOBI domain names will have 60 days to become compliant. If a domain fails to comply within 60 days, the Registry
will remove the domain from the zone le and the site will no longer resolve.
i. .BIZ domain names are subject to the following restrictions per ICANN:
1. Registrations in the .biz TLD must be used or intended to be used primarily for bona de business or
commercial purposes;
2. Registrations in the .biz TLD must comply with the Uniform Dispute Resolution Policy ("UDRP"), as adopted
and as may be amended by the Internet Corporation of Assigned Names and Numbers.
ii. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona de business or commercial use" shall mean the bona de use or
bona de intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet
users to access one or more host computers through the DNS:
2. To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course
of trade or business.
iii. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the
unsolicited oering to sell, trade or lease the domain name for compensation shall not constitute a "bona de business or commercial use"
of that domain name. For illustration purposes, the following shall not constitute a "bona de business or commercial use" of a domain
name:
1. Using or intending to use the domain name exclusively for personal, noncommercial purposes; or
2. Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e.,
registering xxxsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of
ABC company, with no other intended business or commercial purpose);
2. Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or
fraudulent purposes.
7. FEES:
a. You agree to pay, prior to the eectiveness of the desired Services, the applicable Service fees as determined by us. 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 specically provides for a refund. At our option, we may 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.
b. Pheenix reserves the right to void any domain name purchase within thirty (30) days after a purchase transaction, if, at the sole discretion of
Pheenix, we determine that the purchase price was incorrect, inaccurate, or otherwise erroneously oered or mispriced. In such a scenario,
Pheenix will fully refund the purchase price to the buyer, and Pheenix will take ownership of the domain name. You irrevocably waive any and all
claims and causes of action you may have arising from such voiding of a domain name purchase against Pheenix.
8. PAYMENT ISSUES:
a. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or non-payment in
connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with us and all interests in and
use of any domain name registration services, website hosting, and/or email services, including all data hosted on our systems may be assumed
by us, as the case may be, or may be terminated. We may reinstate your rights to and control over these Services solely at our discretion, and
subject to our receipt of the unpaid fees and our then-current reinstatement fee.
b. Pheenix may, at its sole discretion, allow you to pay in installments under a Payment Plan. If you complete a purchase of a domain name via the
Payment Plan, you must make timely payments per a payment schedule that Pheenix provides at the time of purchase.
i. If a payment is not made within seven (7) calendar days of an installment payment deadline, Pheenix, at its sole discretion, may suspend
and lock the domain name, thereby restricting your access to the domain name until the required installment payment is made to Pheenix.
ii. If a payment is not made within fteen (15) calendar days of an installment payment deadline, Pheenix, at its sole discretion, may repossess
and take ownership of the domain name, at which point you agree to forfeit all rights to the domain name. You will not be entitled to any
refunds for prior payments made under the Payment Plan for the domain name.
iii. If a late payment is made within fteen (15) calendar days of an installment payment deadline, Pheenix, at its sole discretion, may charge
interest at a ve (5) percent per month compounded on a daily basis, which will be added to the amount you owe.
9. CRYPTOCURRENCY CHARGEBACKS: In the event that you make a payment of fees for any Services via any cryptocurrency (including, but not limited
to, BitcoinTM), we, in our sole discretion, can issue a full or partial chargeback to you in the number of Bitcoins paid within thirty (30) days.
11. EXPIRATION 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, 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, and we may either leave your WHOIS information intact or 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.
a. Renewal Grace Period. If you fail to renew the expired domain name prior to its expiration date, Pheenix provides a Renewal Grace Period of
thirty (30) days from the expiration date where the expired domain name registration may be renewed. During the Renewal Grace Period, you
may renew the expired domain name for a renewal fee plus any registration fees that may also be due. Our current list of fees can be found at
https://www.pheenix.com/fees.php (https://www.pheenix.com/fees.php). You assume all risks and all consequences if you wait until close to or
after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. The
Renewal Grace Period is subject to change under the terms of this Agreement.
b. After the Renewal Grace Period, if you have not exercised your rights under the provisions of Paragraph 10(a), you have abandoned the domain
name services, and relinquish all interests and use of the expired domain name. At this time, we may delete the expired domain name, transfer
the expired domain name to any third-party, sell the expired domain name, auction the expired domain name, refuse to restore the expired
domain name to you, and otherwise exercise complete authority, ownership, control, and use of the expired domain name.
c. Redemption Grace Period. If we delete the expired domain name, the registry may provide a thirty (30) day Redemption Grace Period during
which you may pay us a redemption fee and redeem the expired domain name. If you do not redeem your expired domain name prior to the end
of the Redemption Grace Period the registry will release the expired domain name. It will then become available for registration on a rst-come-
rst-served basis to the public.
d. Any notices in accordance with ICANN's Expired Domain Deletion Policy located at
https://www.icann.org/resources/pages/registars/accreditation/eddp-en (https://www.icann.org/resources/pages/registars/accreditation/eddp-
en) given under this Agreement by us to you will be deemed to have been given if delivered via the email address you provided in accordance
with the Account and/or domain name WHOIS information.
12. TRANSFERS:
a. Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/
(http://www.icann.org/transfers/), including the Registrar Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/transfers/dispute-policy-12jul04.htm (http://www.icann.org/en/transfers/dispute-policy-12jul04.htm) as well as the
UDRP as described in Section 17 of this Agreement, as these policies may be modied from time to time. To transfer your domain name(s) you
should rst 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 days of initial registration, within
60 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. We will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take
ve 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 following a redemption of the domain name, if any. You may be required to resubmit a
transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE
OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
b. We may place a "Registrar Lock" on your domain name services and 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.
i. Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all
patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of
intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such
intellectual property.
ii. Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright,
trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any
disclosure of any Condential Information to the Registrant under this Agreement.
iii. You shall further ensure that you do not infringe any intellectual property rights or other rights of any person or entity, or does not publish
any content that is libelous or illegal while using services under this Agreement. You acknowledge that Company cannot and does not
check to see whether any service or the use of the services by you under this Agreement, infringes legal rights of others.
a. TRADEMARK COMPLAINTS
i. We respect the intellectual property rights of others. If you are the owner of a registered trademark that you believe is being infringed
upon in a website hosted by Company, you may submit a trademark infringement complaint to us via email at abuse@pheenix.com
(mailto:abuse@pheenix.com). These complaints may only be submitted by registered trademark owners or agents authorized to act on the owners' behalf. Please
include the following information, and include the term "Trademark Complaint" in the subject line of your email:
2. Your relationship to the trademark owner (owner of trademark, legal representative, agent, etc.).
5. Date of registration.
7. The domain name hosted/registered by Company that you believe is infringing your trademark.
8. A description and screenshot of the infringing content and how you believe it is infringing.
9. Signed and dated statement that you believe in good faith that the identied domain name/content is infringing your trademark.
ii. Upon receipt of a valid complaint as described above, Company will initiate an internal investigation, and may provide written notice
to the alleged infringing party. If Company concludes that the trademark complaint has merits, then Company, at its sole discretion, and
in an eort to protect its legal interests, may temporarily remove the allegedly infringing content, instruct the domain owner to remove
the allegedly infringing content, redirect the DNS of the domain name hosting the allegedly infringing content, or deny access to the
domain name hosting the allegedly infringing content.
iii. It is Company's policy to terminate, when deemed appropriate at the sole discretion of Company, Company's customers and account
holders who repeatedly violate this policy or are repeat infringers of others' trademarks.
17. INDEMNITY
a. You hereby release, indemnify, and hold us, ICANN, and the registry operators, as well as the contractors, agents, employees, ocers, directors,
shareholders, and aliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including
reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your
representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services,
including, without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary right of
any person or entity, or from the violation of any of our or ICANN's operating rules or policies relating to the Services provided. We may seek
written assurances from you in which you promise to 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. This indemnication is in addition to any indemnication (a) required under the UDRP or any other ICANN
policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
b. You shall indemnify and hold harmless the Registry Operator and its directors, ocers, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the your domain name
registration and/or use of the Services.
18. REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT 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 SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD
PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18
YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION
PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS"
AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICES, 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. 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 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 SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. 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.
19. DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to
the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm
(http://www.icann.org/udrp/udrp-rules-24oct99.htm) and http://www.icann.org/dndr/udrp/policy.htm (http://www.icann.org/dndr/udrp/policy.htm)
along with the UDRP Rules and all Supplemental Rules of any UDRP provider. The UDRP may be changed by ICANN (or ICANN's successor) at any
time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specied in the UDRP in
eect at the time your domain name registration is disputed by the third party. 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. If you or your domain name is the subject of litigation, we may
deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certicate.
21. NOTICES AND COMMUNICATION: Any notices required to be given under this Agreement by us to you will be provided in English, and deemed to
have been given if delivered in accordance with the Account and/or domain name WHOIS information you have provided. Any communication by us to
you will only be given in English, and we are not obligated to provide support, assistance, or any communication in any languages other than English.
22. GENERAL:This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to the UDRP, together
with all modications, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of
joint enterprise between the parties. The failure of us to require your performance of any provision hereof shall not aect 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.
In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. We will amend or replace such provision with
one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reected in the original provision. This
Agreement may not be amended or modied by you except by means of a written document signed by both you and an authorized representative of
us.