Domain Registration Agreement

This Domain Registration Agreement is between the Registrar, you or a person that has authorized you to act on their behalf, and ServerPoint, an ICANN accredited registrar, as well as between you and our preferred third party Registrar, OpenSRS, if OpenSRS is involved in your domain name's registration.

This agreement applies to each individual domain name registration, "service", and termination of this agreement only applies to the domain name being terminated.

This Domain Registration Agreement is an addendum to ServerPoint's Terms of Service and is considered to be part of it and that agreement is part of this Domain Registration Agreement. Please read our Terms of Service at ServerPoint.com/en/policies/tos.

Our Privacy Policy, Acceptable Use Policy and other policies also apply to your service under this Domain Registration Agreement.

Introduction

ServerPoint offers a variety of Domain Registration Services to Customer as well as the necessary tools to manage domains.

As an ICANN accredited entity, with IANA ID xxxx, Customer and ServerPoint are bound by the rules and policies of ICANN, the Internet Corporation for Assigned Names and Numbers.

ServerPoint also offers domain name registration services via a third party domain name provider, OpenSRS, for certain domain name extensions that are not available to us to directly register under our ICANN accreditation.

In the case of your domain being registered via OpenSRS, please also see OpenSRS' Master Domain Registration Agreement:

https://opensrs.com/wp-content/uploads/Master_Domain_Registration_Agreement.html

Certain domain extensions, as well as ccTLDs (country-specific top level domains), also have their own Terms of Service.

From this moment forward in this document, the word 'Registrar' can be either OpenSRS or ServerPoint.

Term

The term of this agreement shall continue in effect for as long as you have domain names registered through ServerPoint or through our third party Registrar, OpenSRS.

General

  1. ServerPoint does not warrant or guarantee that the domain name in your Order will be registered in your name or is capable of being registered by Registered Name Holder, "you". You should not rely on the fact that you have submitted an Order to register a domain name until you have been notified by us that your requested domain name has been registered.
  2. The registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use, and you are responsible for ensuring that you are aware of those terms and conditions. You waive any claims you may have against ServerPoint should a naming authority refuse to register a domain name. Registration and renewal Fees are non-refundable in any event. Renewal fees for expired domain names may vary depending on the Registrar of record.
  3. Customer agrees to pay ServerPoint the applicable fees prior to the registration or renewal of a domain. All fees payable are non-refundable once a domain registration or renewal is successful.
  4. All domain name registrations are made for a minimum of 1 year, except when otherwise noted; some domain name extensions require 2 years or more minimum at the time of registration.
  5. The price of a domain name registration or renewal is published in our website and Client Portal, however, some domain names may be considered "premium" and may have a price higher than published. Our Client Portal will notify you of this before you place your Order. For a list of all domain name prices and their renewal fees, please visit ServerPoint.com/en/domains/prices/.

Accuracy of information

  1. When registering a domain name, you are solely responsible for providing ServerPoint with accurate and up-to-date contact information and ServerPoint shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information.
  2. During the term of your domain name, if your contact information changes, you must update the contact information associated with your domain name via our Client Portal, or directly with the Registrar, within 7 days. This includes, but not limited to, information such as your full name, postal address, email address, voice and/or fax phone number and organization name, if applicable.
  3. If you willfully provide false or inaccurate information, you willfully fail to update your information within 7 days of of any change, and/or you fail to respond for over 15 days to inquiries by Registrar regarding inaccurate information, this shall constitute a breach of this agreement and may be the basis to suspend and/or cancel your domain name registration. In other words, the contact information associated with a domain name must always be accurate.
  4. If you intend to license your domain name to a third party, you are still responsible for providing your full contact information in order to facilitate the resolution of any problems that may arise with the domain name. You are liable for harm caused by the wrongful use of the domain name, unless you disclose the current contact information and identity of the licensee within 7 days to the party providing you with reasonable evidence of actionable harm.
  5. You shall represent that, to the best of your knowledge, the registered name of the domain name, or the usage of the domain name, does not directly or indirectly infringes the legal rights of any third party.
  6. If you are registering a domain name on behalf of a third party, you must make such third party aware that the domain is being registered via ServerPoint, and that their full contact information must be provided as contact information for the domain.

Updating your information

To access, view or update your information related to a domain name's contact information, you must log in to Client Portal. ServerPoint and its staff will not manually update such information for you, for security reasons. Please maintain your username and password credentials to Client Portal safe and secure at all times. We strongly suggest that you enable Two-Factor Authentication for better protection.

Expiration, renewal and forfeiture

  1. The domain name will expire on the expiration date specified in the registration term. ServerPoint will make the effort of automatically charging your credit card, before the expiration date, in order to fulfill the renewal of your domain name. If there is no credit card on record, then it will be your responsibility to log in to Client Portal and perform the necessary payment.
  2. If the renewal is not performed due to lack of payment, your domain name will cease to resolve on the expiration date and information offered via WHOIS / RDAP about your domain will reflect that the domain has expired. It may also reflect the Registrar's contact information as the domain's contact information instead of yours. At the discretion of the Registrar, any visitors to your domain name may be redirected to a default web page. The Registrar may also elect to hold the domain in its own account, delete it or sell it at auction to a third party.
  3. You have up to 40 days past the expiration date in order to re-register the domain and continue its usage, if the domain name has not been sold to a third party. This is known as the grace period.
  4. Some top level domain names may be provided with a Redemption Grace Period, usually after 40 days of a domain expiring, in which you still have an opportunity to renew the domain. A redemption fee may apply. Be aware that with some top level domain name extensions, this Redemption Grace Period starts right after the expiration date.

Payment

It is your responsibility to maintain payment information up to date via our Client Portal. We strongly suggest that you add a debit or credit card. If that is not possible, you may perform one time payments via our Client Portal at any time, with a debit card, credit card, PayPal and other future methods of payment to be available via our Client Portal.

Suspension and cancellation

The Registrar may suspend or terminate a domain name registration for any of the following reasons, but not limited to:

  1. You breach this Domain Registration Agreement;
  2. You do not provide accurate contact or billing information;
  3. As required by ICANN or Registry Operator;
  4. In the event of an error during the registration process;
  5. To protect the stability of the Registrar;
  6. To comply with applicable laws, court orders and requests from law enforcement;
  7. To combat DNS abuse;
  8. To avoid any civil or criminal liability;
  9. Registration of prohibited domains;
  10. Payment irregularities;
  11. Abuse of services, including, but not limited to, phishing scams or the sending of unsolicited bulk email.

Upon termination due to any of these reasons, a refund will not apply.

ICANN and registry rights

You agree that ICANN or a Registrar may suspend, cancel, transfer, lock or redirect your domain because of any ICANN or Registrar procedure, as well as due to policy or changes in policy at ICANN.

Dispute resolution

You are bound by all ICANN consensus policies and all policies of the Registry Operator. This also includes policies and procedures such as the Uniform Domain Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension Procedure as well as the rules of a UDRP provider. In the even of a dispute, you will indemnify the Registrar. The Registrar may, at its sole discretion, suspend the usage of the domain name until the Registrar has been notified otherwise that the dispute has been resolved or by the order of a judicial body.

To read more about ICANN's Uniform Domain Name Dispute Resolution Policy, please visit our policy page about the Uniform Domain Name Dispute Resolution Policy.

Transfers

You may transfer a domain name to another registrar or transfer a domain name from another registrar over to ServerPoint. To initiate a transfer to ServerPoint, you may initiate it via our Client Portal. To transfer a domain name to another Registrar, you may obtain a transfer authorization code via our Client Portal. You will also need to "unlock" the domain to allow the transfer to be performed.

Using the Client Portal is the only way to do either type of transfer; our staff will not give you the transfer authorization code and will not unlock a domain for you.

Be aware that there are certain limitations with a domain name transfer. These are:

  1. A domain may not be transferred within the first 60 days of being registered;
  2. A domain may not be transferred if it is within the Redemption Period;
  3. A domain that is locked can not be transferred; please unlock it via our Client Portal;
  4. A domain can not be transferred if it has been locked by the Registrar for another reason, such as an ongoing dispute.

Notices sent by registrar

  1. Registrar will send you a notice before the expiration date to remind you that its renewal is coming. This notice will be sent via email 30 days before expiration, 5 days before expiration and 3 days after expiration. A notice will also appear in Client Portal. It is, however, your responsibility to know when your domains will expire, in case you do not receive such notices. It is not our obligation to try to reach you through other means, such as via phone or mail, however, we reserve the option to do so and/or to send more reminders.
  2. On a yearly basis, the Registrar will send you a notice, according to the WHOIS Data Reminder Policy, containing the contact information for your domain. You must review this information to ensure that it is still accurate. Be aware that it is required that you maintain accurate contact information with the Registrar at all times.

Disclosure and use of registration information

You agree and acknowledge that ServerPoint will make available domain name registration information you provide, or that ServerPoint otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.

Under ICANN regulations, the Registrar is obligated to share your information with a third party data escrow service, which serves as a backup of all domain name registrations that exist on the Internet.

ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that ServerPoint may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate this TOS based on such a change.

You hereby consent to each of the disclosures set out in this TOS. You further consent to the use of the information you provide to us; and guidelines, limits and restrictions on disclosure of information provided by you in connection with the registration of a domain name (including any updates to such information). This applies whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by ServerPoint.

ServerPoint, however, does not sell your data to any third party. Any sharing of data is done with third parties that are required to be involved in the process of making your domain name properly function.

WHOIS / RDAP privacy service

All domain names registered directly with ServerPoint, with ServerPoint acting as the registrar of said domain name, will include a WHOIS / RDAP privacy service. This means that your contact information will not be publicly available.

  1. This Service is provided on a reasonable effort basis. We are not responsible if your identity is mistakenly disclosed.
  2. You warrant that WHOIS / RDAP privacy is for a legitimate use, and not to evade any legal, Tld, ICANN or other requirement imposed by law, or an Internet authority.
  3. You will indemnify and hold us harmless based on any claims made against us based on providing this privacy service to you.
  4. Third parties may request us to forward a message to you regarding things such as, but not limited to, a complaint, dispute and DMCA violations. You will immediately respond to these inquiries forwarded by us to you.
  5. We may terminate all Services provided to you should we determine, in our reasonable discretion, that you are abusing the WHOS / RDAP privacy service, or you do not immediately respond to our inquiries or the notices we forward to you.

Uniform Domain Name Dispute Resolution Policy

In the case of a domain name that is registered via OpenSRS or any other third party Registrar, any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned. ServerPoint will take no part in any such dispute. You warrant and represent that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used by you and/or any affiliate directly or indirectly infringes the legal rights of a third party.

https://www.icann.org/resources/pages/policy-2024-02-21-en

If the domain is registered by ServerPoint, an ICANN accredited registrar, and a dispute arises against your domain, please ensure to review ServerPoint's Uniform Domain Name Dispute Resolution Policy at ServerPoint.com/en/policies/udrp/.

Reporting abuse

To report abuse related to a domain name that has been registered through us, please visit the page ServerPoint.com/en/policies/domain_abuse/ for the procedures to follow.

Information about our ICANN accreditation

Please visit the page ServerPoint.com/en/policies/domain_registrar_information/ for more details.

Modifications to this agreement

ServerPoint may modify this Domain Registration Agreement at any time in order to comply with our agreements with ICANN, OpenSRS, or any changes from governments or administrative bodies, legislation and changes in the industry. If you do not agree to any future changes, then your sole remedy is to transfer your domain to another Registrar.

Limitations of liability

You agree that the Registrar's entire liability regarding a domain name registration is limited to the amount that you paid for the registration of such domain name. We are not liable for your financial losses or loss of data.