Domain Registration Terms and Conditions

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1 INTRODUCTION

1.1. These Terms and Conditions set forth the Registration Agreement between you and Fubra Limited trading as Livetodot, a Hampshire based Company with a UK Domicile. In this Agreement Livetodot shall be referred to as “The Registrar”, “we”, “us” and you shall be referred to as “The Customer”, “you” or “your”.

1.2. The Registrar is an Italian Registry and Nominet Accredited Registrar and operates as a supplier of domain names to the Internet community. By registering a Domain name through us, whether for your own use or as an agent or person who uses us to register domains on behalf of a third party, you agree to accept the Terms and Conditions set forth in this agreement and act as our agent solely so as to incorporate the same in any agreement with any such third party so that such third party is bound by the same.

1.3. “Livetodot account holder” where used in these Terms and Conditions shall mean a Customer who has agreed to these Terms and Conditions for the supply of domain names. Neither the use of the term “account holder” nor any other provision of this Agreement shall operate to create a relationship of partnership or joint venture between the parties to this Agreement.

1.4. “account” where used in these Terms and Conditions shall mean a credit balance maintained in the books of The Registrar representing a sum in cleared funds available for the purchase of domain names on the Customer’s behalf. The Registrar shall be authorised to debit from the amount standing to the credit of the account at any time the fees payable in respect of any domain names the Customer has notified to The Registrar in writing that it wishes to purchase. The Registrar shall not be required to hold monies in accounts separately from its general funds nor shall it be under a trustee or other fiduciary relationship in respect of the same.

1.5. “writing” “written” and cognate expressions where used in these Terms and Conditions shall include all material expressed or transmitted in electronic form. Any notice or information relating to the performance of this Agreement which is sent by us using electronic mail to the last electronic mail address notified by you to us will be deemed (subject to contrary proof) to have been duly served on you unless we are notified that it has not been duly delivered.

2 THE CUSTOMER’S SECURITY RESPONSIBILITIES

Once you have completed the sign-up process to the Livetodot service, you will be given a username (i.e. your email address) and password. You agree to keep safe all password, username and contact handle information (“security information”) in relation to the Livetodot service. You acknowledge that allowing a third party access to security information may compromise security to Domain Registrant details, credit card details and account information. You agree to indemnify Livetodot and hold it harmless in respect of any losses incurred as a direct result of a compromise in security attributable to you or whereby you made available security information to a third party, whether intentionally or otherwise.

3 FEES & PAYMENTS

3.1. You agree to pay Livetodot fees as specified at the time of purchase or renewal in the price list on the Pricing page of the Livetodot website for any domain names you selected. In applying for the registration of a domain name you agree to check its availability for registration and the domain name registration details. All fees for any domain names purchased through the Livetodot service are due immediately and we are entitled to deduct the same from your account or credit/debit card forthwith and you will not be eligible for any refund in whole or in part once payment has been taken during the registration process or once the domain name has been submitted by us for registration.

3.2. All payments made through the Livetodot website will be used to purchase or renew domain names on your request. No domain names can be purchased without sufficient funds being received to cover the cost of your purchase and Livetodot will not be obliged to make any application or reserve or seek to reserve any name unless the credit/debit card payment has cleared or the account is in credit for the funds required and shall not be liable for any failure to make or delay in making any application because we are awaiting a cleared payment or a deposit of funds into your account. No funds will be credited to your account until they have been cleared and made available to The Registrar whether this be via cheque or check, credit or debit card or wire or funds transfer from your bank account.

4 TERMS OF SERVICE

4.1. Unless sooner terminated in accordance with its terms, this agreement shall be deemed to last three hundred and sixty five (365) days from the date of registration multiplied by the number of years for which any domain registered by us on your behalf has been registered. In any such registration period when a leap year forms part of the term then one (1) day must be added for each occurrence of the leap year within the term.

4.2. On or before the registration period has expired you will (provided that you are not in breach of this Agreement) be given the opportunity to renew your service with us on a yearly basis up to a maximum of 10 years on our standard terms and conditions of service applicable at that time. Any domain name renewals carried out by us on your behalf will be subject to our associated fees as set out in the price list described in clause 3. If you elect to renew after the registration period has expired The Registrar cannot be responsible if any domain names have become unavailable during the period between your registration lapsing and your electing to renew your service with us.

4.3. We will attempt to notify the account holder and the registrant (if different from the account holder) of the expiry of the registration period by sending email reminders 30, 14, 7, and 2 days prior to expiry and 1 day after the service has expired. These notifications will be sent to the account holder’s registered email address as specified in the My Account section of the Livetodot website as well as the email address of the registrant (if different from the account holder) as specified in the My Contacts section of the Livetodot website. The Registrar cannot and will not be held accountable for any domains which are deleted or not renewed as a result of the account holder’s and/or the registrant’s failure to receive our notifications.

4.4. You agree that once a domain name has been registered through the Livetodot service you will not transfer the domain to another registrar during the first sixty (60) days of the registration term.

4.5. During the term of this service and the term on any subsequent renewals you are required to abide by these Terms and Conditions (as amended in accordance with their terms) at all times.

5 ACCOUNT INFORMATION

5.1. The username and password made available by us to you on agreeing to the provision of the service must be used to access your account to make modifications to the domain contact details. You will be responsible in all instances for ensuring the information you enter into your account is true and accurate and to monitor the information and update it so as to ensure its continued accuracy. The Registrar cannot and will not be held accountable for domain names which are deleted or not renewed or by associated action on a domain name which was caused through incorrect information being included in these details or by your inaccurate maintenance of your account and domain information.

5.2. The Registrar agrees to hold all account information in a format that it deems appropriate in order to fulfil our obligation to you as a registrar. All information held, will be used in accordance with our privacy statement and for the “day to day” activities, which allows us to provide the Livetodot service to you.

5.3. All reasonable endeavours will be made to maintain your account information and to ensure it is protected and used only for the purpose to which it was intended.

5.4. You agree to protect and hold harmless The Registrar from any liability arising out of its use of information supplied by you during the registration or account maintenance process in accordance with these Terms and Conditions. You agree to seek permission from any party whose personal information you have supplied for the purpose of maintaining accurate contact information on the Livetodot domain contact database and to include such information and make the same available to us only in accordance with the provisions of the Data Protection Act 1998.

5.5. You hereby grant The Registrar permission to disclose through a publicly accessible database the following registrar mandatory information: the domain name; your name and postal address; the name(s), postal address(es), e-mail address(es), telephone number(s) and where available fax number(s) of the administrative and technical contacts for your domain name; the Internet protocol numbers of the primary and secondary name server(s); the corresponding names of those name servers; the original domain name creation date; and the expiration date of the registration. The Registrar agrees not to disclose your personal data to any third parties in bulk without prior consent from you.

5.6. Important: Following ICANN’s changes to the Registrar Accreditation Agreement, from 1st January 2014 all gTLD new registrations (i.e. .com, .org, .info, .biz, and .net domain name extensions) processed through Livetodot will be subject to email verification. When a new domain registration is received, an email will be sent to the Registrant email address informing the Registrant that they must verify their email address within 15 calendar days of the domain name registration. On clicking the link within this email, the Registrant will be considered as verified and future registrations from this Registrant will not require further verification. If the Registrant does not complete the verification within 15 days, the domain’s DNS will be overtaken and a page will be posted on this site listing instructions on how the name can be verified in order for the DNS to return to the previous settings.

ICANN has mandated that Registrars also utilize the above verification process when a domain name Registrant edits their First Name, Last Name, or email address information. If an edit is made to any of this information, an email will be sent to the Registrant new email address requesting that the Registrant verify themselves by clicking on the link in the email. Clicking on the link in the email within 15 calendar days will deem the Contact verified and the Registrant will require no further verification. If they do not click on the link within 15 calendar days, the DNS of the domain name associated with that specific Registrant contact will be overtaken and a page will be posted on the domain listing instructions on how the domain(s) can be verified in order for the DNS to return to the previous settings.

More information as well as Registrant Educational Materials can be found on the ICANN website.

6 THIRD PARTY PURCHASES

6.1. You agree that in the event that a domain name is purchased through the Livetodot service by your agent (e.g. Internet Service Provider, web designer, employee, etc.) on your behalf, you are nonetheless bound by all the Terms and Conditions herein.

6.2. By using an agent you accept (as between yourself and The Registrar) full responsibility for any errors or omissions arising out of your agent’s negligence at the time of registration or during the modification of contact information in relation to each domain name purchased through your agent. No refunds will be given whatsoever to you or your agent for such negligence.

6.3. Where you purchase any domain name through this service as an agent for any third party you agree that you will inform the end user customer of the contents of the Terms and Conditions and procure from him or her the authority to bind him or her to these terms and that you will indemnify The Registrar against any costs, claims, damages and expenses arising out of or by reason of any breach of this clause by you.

7 DOMAIN NAME DISPUTES

By using the Livetodot service you agree to be subject to the provisions set forth by the registry in their Dispute Resolution Policy. Should any third party dispute your right to any domain name registered by us for you or on your behalf, Livetodot is given full rights by you to suspend the ability to make modifications to the domain contact details during a dispute.

Full rights will only be reinstated once proof had been supplied by both parties or an administrative or judicial body that the dispute had been resolved and, if such administrative or judicial body requires the cancellation or transfer of the domain name in dispute to any third party or modification of any details relating to the domain name, then you agree to our carrying out such cancellation, transfer or modification without liability or refund of any monies to you. By making use of the Dispute Resolution Policy rules you agree to indemnify and hold harmless The Registrar from any litigation arising out of a dispute as to the ownership or use of any domain name, save for any litigation which is wholly attributable to the serious negligence or wilful default of The Registrar.

Please refer to the relevant Dispute Resolution Policy below:

8 LIMITATION OF LIABILITY

8.1. Save as expressly set out in the remainder of this clause Livetodot’s entire liability with respect to a breach of this agreement or to its negligence is solely limited to five (5) times the fees paid by you for the service you purchased.

8.2. The Registrar shall not be liable for any loss of profits, loss of business or loss or damage to data or for indirect, incidental or consequential damages arising out of the use of the Livetodot service.

8.3. Nothing in this clause shall be taken to exclude or limit the liability of The Registrar for death or personal injury resulting from its negligence or for any other liability, which cannot validly be excluded by law.

9 GUARANTEE OF OWNERSHIP & USAGE

You agree by registering your domain name through the Livetodot service that this does not guarantee ownership of the domain name and that The Registrar cannot and does not purport to grant rights in respect of domain names that are more extensive or different in nature to those stated by ICANN or other Naming Committee body or found by applicable law to exist in domain names. Further, you acknowledge that your domain name may be objected to by a third party or court of law and therefore the rights to the name may be cancelled or transferred to another party should it be found that they have a legal right to its ownership or to object to its registration or use. Your rights in respect of the domain name shall cease in any case when the domain fees have not been received by The Registrar by the due date for renewal of the name and the domain will be deemed expired and be released back into the domain pool for re-registration by another registrant. Usage of a domain name shall be unrestricted unless a domain is involved in a legal dispute or in the reasonable opinion of The Registrar it appears likely to be so or payment for the domain name has not been received.

10 CONFORMANCE

You agree to conform to all aspects of this agreement. You also agree that failure to abide by any provisions of this agreement may result in the deletion of your domain or suspension of your account without prejudice to the right of The Registrar to terminate this Agreement in the event of material breach on your part. No refunds will be given in the event of any termination, suspension or deletion falling within this clause.

11 REPRESENTATIONS & WARRANTIES

You agree and warrant that the information you supply or your agent supplies on your behalf for the purpose of completing the domain name registration process through The Registrar is true and accurate to the best of your knowledge and belief; to the best of your belief, the registration of your domain name or the manner in which you intend to use the domain name directly or indirectly does not compromise the legal rights of a third party; you have the power and authority to execute this agreement and to perform the obligations herein; and that the use of the Livetodot service is solely at your own risk.

12 MODIFICATIONS TO THIS AGREEMENT

You agree that during the term of this agreement we hold the right to modify this agreement by giving thirty (30) calendar days notice. Notice will be posted on the Livetodot website and may also be made available to you by such additional means as in our sole discretion we deem appropriate. You also agree that The Registrar can change part of the services provided under this agreement by giving like notice. By continuing to use the Livetodot service subsequent to any revisions or changes in effect after the thirty (30) calendar days notice period, you therefore agree to abide and be bound by the revised agreement.

13 TERMINATION BY US

You agree that we may terminate your contractual rights to use the Livetodot service if the information that you are required to supply to register your domain name or to sign up as a Livetodot account holder contains falsified or misleading information. You also agree that we may suspend, cancel or transfer your domain name registration in order to resolve any inaccuracies made by us, or the registry in registering a domain or to resolve a dispute under their dispute policy. No refund will be granted if we terminate your service under this clause.

Should we suspect suspicious activity on your account, we reserve the right to block access to the domain by pointing it at our own nameservers; in this case no refund will be given. We may contact you to clear any suspicion we may have regarding your account and domain registration and the domain will remain blocked until the matter has been fully resolved.

14 OUR RIGHT TO REFUSE

The Registrar reserves the right to refuse to register your chosen domain name or to allow you to sign up as a Livetodot account holder. We also reserve the right to delete your domain or sell your domain should we find a credit card chargeback has been made or payment has not been received to cover the cost of the domain name registration. We will, however, not be liable for any losses or damages arising out of our refusal to register or deletion of your service.

15 TRANSFER OF SERVICE

The Registrar grants you the right to transfer your domain name registration to a third party of your choice. All transfers should be subject to the transfer procedure located in the Transfer Domains section of the Livetodot website.

16 LAW

Save for disputes falling within the dispute resolution procedure described above, you agree that any legal disputes which arise out of the implementation of this agreement shall be handled under the laws of England & Wales. By using our service you agree to this agreement being consented to under the jurisdiction of the English & Welsh courts.

17 BINDING

By applying to become a Livetodot account holder and/or registering a domain through our service you agree that you have read and understood the Terms and Conditions herein as well as the Terms and Conditions set forth by the registry.

Please refer to the relevant documentation below:

You also agree that as a customer of The Registrar you will be bound by this agreement in its entirety.