Agreement ("Agreement") sets forth the terms and conditions
of your use of CC Hosting.com's domain name registration services
to register an Internet domain name, as well as your registration
of that domain name. To complete the registration process, you must
acknowledge that you have read, understood, and agree to be bound
by all terms and conditions of this Agreement, the accompanying
dispute policy and any rules or policies that are or may be published
by CC Hosting.com from time to time. This Agreement will become
effective when accepted by CC Hosting.com. CC Hosting.com may elect
to accept or reject your domain name registration application for
any reason at its sole discretion, such rejection including, but
not limited to, rejection due to a request for registration of a
prohibited domain name.
1. What We Do
CC Hosting.com conforms with the Internet Corporation for Assigned
Names and Numbers ("ICANN") for the .com, .net and .org
TLDs. ICANN oversees the .com, .net and .org TLDs. CC Hosting.com
is, upon accepting your domain name registration application, your
sponsor for that application. All domain name registrations we register
for .com, .net and .org are not effective until we have delivered
the domain name registration information you provide us to the registry
administrator for the .com, .net or .org TLDs, as applicable, and
the registry administrator puts into effect your domain name registration.
Currently, the registry administrator for the .com, .net and .org
TLDs is Network Solutions, Inc.
You agree and
acknowledge that CC Hosting.com is not liable or responsible in
any way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and
receipt of, or failure to receive, a domain name registration.
You further agree
to indemnify, defend and hold harmless the registry administrator
and its directors, officers, 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,
your domain name registration.
As consideration for the domain name registration services provided
by CC Hosting.com to you, you agree to pay CC Hosting.com, of the
desired domain name registration, the amounts set forth by CC Hosting.com,
for the initial registration of the domain name and, should you
choose to renew the registration, subsequent renewals of the registration.
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. Your requested domain
name will not be registered or renewed unless we receive actual
payment of the registration fee, or reasonable assurance of payment
of the registration fee from some other entity (such reasonable
assurance as determined by CC Hosting.com in its sole discretion).
In the event of
a charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments
of the registration fee for your domain name registration, you agree
and acknowledge that the domain name registration shall be transferred
to CC Hosting.com as the paying entity for that registration to
the registry. We will reinstate your domain name registration solely
at our discretion, and subject to our receipt of the initial registration
or renewal fee and our then-current reinstatement fee, currently
set at €150 Euros.
You will be notified
when renewal fees are due. Should these fees go unpaid within the
time specified in a second notice or reminder regarding renewal,
your registration will be cancelled. Payment must be made by credit
card or such other method as we may indicate in the registration
application or renewal form. We will renew your name for you provided
your credit card or other billing information is available and up
to date, unless you instruct us otherwise within the time specified.
If your billing information is not accurate and you wish to renew
your domain name registration, we will contact you to update this
information and charge you accordingly.
3. Dispute Policy
You agree to be bound by the CC Hosting.com Domain Name Dispute
Policy ("Dispute Policy"), which is hereby incorporated
and made a part of this Agreement by reference. The Dispute Policy
can be found at http://www.cchosting.com/cchsite/policies/dispute_policy.htm
Certain disputes, as specified in the Dispute Policy, are subject
to that Policy. You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time your domain
name registration is disputed by a third party, in the event such
dispute arises. You also agree that, in the event a domain name
dispute arises with any third party, you will indemnify and hold
CC Hosting.com harmless pursuant to the terms and conditions contained
in the Dispute Policy.
4. Changes to Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of
registering and administering domain names are evolving, and therefore
you agree that CC Hosting.com may modify this Agreement and the
Dispute Policy if necessary to comply with its ICANN agreement,
and any other Agreements that CC Hosting.com is currently bound
by or will be bound by in the future, as well as to adjust to changing
business circumstances. Your continued use of the domain name registered
to you shall constitute your acceptance of this Agreement and the
Dispute Policy with the new modifications. If you do not agree to
any of such changes, you may request that your domain name registration
be cancelled or transferred to a different domain name registrar.
You agree that such cancellation or request for transfer will be
your exclusive remedy if you do not wish to abide by any changes
to this Agreement or the Dispute Policy.
5. Domain Name Registration Information and Its Use
a. Information You Are Required to Submit. As part of the registration process,
you are required to provide certain information and to update promptly
this information as needed to keep it current, complete and accurate.
The information you are obligated to provide in connection with
the domain name you are registering is the following:
i. Your name and postal address (or if different, that of the domain
ii. The domain name being registered;
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the administrative contact for
the domain name; and
iv. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
You agree and acknowledge that when you renew your domain name registration,
the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your
registration may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing this information may prevent
you from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for
the domain name;
ix. The expiration date of the registration;
x. Information regarding all other activity between you and us regarding
your domain name registration and related services.
c. Obligations Relating to Provided Data. In the event that,
in registering the domain name, you are providing information about
a third party, you hereby represent 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) that you have obtained that
third party's express consent to the disclosure and use of that
party's information as set forth in this Agreement.
You acknowledge that wilfully or negligently providing inaccurate
information or wilfully or negligently failing to update
information promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond for
over fifteen (15) calendar days to inquiries by CC Hosting.com concerning
the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be
sufficient basis for cancellation of your domain name registration.
d. Disclosure and Use of Registration Information. You agree
and acknowledge that CC Hosting.com will make available domain name
registration information you provide or that we otherwise maintain
to ICANN, to the registry administrator(s), and to other third parties
as ICANN and applicable laws may require or permit. You further
agree and acknowledge that CC Hosting.com may make publicly available,
or directly available to third party vendors, some, or all, of the
domain name registration information you provide, for purposes of
inspection (such as through our WHOIS service) or for targeted marketing
and other purposes as required or permitted by ICANN and applicable
Additionally, you acknowledge that ICANN may establish guidelines,
limits and/or requirements that relate to the amount and type of
information that CC Hosting.com may or must make available to the
public or to private entities, and the manner in which such information
is made available.
You hereby consent to any and all such disclosures and use
of, and guidelines, limits and restrictions on disclosure or use
of, information provided by you in connection with the registration
of a domain name (including any updates to such information), 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 CC Hosting.com.
You may access your domain name registration information in
CC Hosting.com's possession to review, modify or update such information,
by requesting the change via e-mail: email@example.com.
We will not process data about any identified or identifiable
natural person that we obtain from you in a way incompatible with
the purposes and other limitations which we describe in this Agreement.
You agree and acknowledge that CC Hosting.com owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name database, and all information and derivative
works generated from the domain name database. You further agree
and acknowledge that we own the following information for those
registrations for which we are the registrar:
(a) the original creation date of the registration,
(b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice telephone number,
and where available fax number of the technical contact, administrative
contact, zone contact and billing contact for the domain name registration,
(d) any remarks and/or content concerning the registered domain
name that appear or should appear in the WHOIS or similar database,
( e) any other information we generate or obtain in connection with
the provision of domain name registration services, other than the
domain name being registered, the IP addresses of the primary nameserver
and any secondary nameservers for the domain name, and the corresponding
names of those nameservers. CC Hosting.com does not have any ownership
interest in your specific personal registration information outside
of its rights in our domain name database.
7. Agents and
You agree that, if you are registering a domain name for someone
else, you represent that you have the authority to nonetheless bind
that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that
if you license the use of the domain name registered to you to a
third party, you nonetheless remain the domain name holder of record,
and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing
(and updating, as necessary) both your own full contact information,
and accurate technical, administrative, billing and zone contact
information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name and domain name registration.
8. Limitation of Liability
YOU AGREE THAT CC HOSTING.COM WILL NOT BE LIABLE FOR ANY (a) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF
YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S)
YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(f) EVENTS BEYOND CC HOSTING.COMíS REASONABLE CONTROL; (g) THE PROCESSING
OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. CC
HOSTING.COM ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF CC HOSTING.COM HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL CC HOSTING.COMíS MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF
THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY IRISH POUNDS
(£70.00) PER DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES,
IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
9. Indemnification of CC Hosting.com
You agree to defend, indemnify and hold harmless CC Hosting.com
for any loss, damages or costs, including reasonable attorneys'
fees, resulting from any third party claim, action, or demand related
to the registration or use of the domain name registered in your
name. This indemnification is in addition to any indemnification
required under the Dispute Policy.
10. Representations and Warranties
You 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 infringes the legal rights of a third
party. You further represent and warrant that all information provided
by you in connection with your domain name registration is accurate.
ALL DOMAIN NAME
REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE
MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME
REGISTRATION 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, CC HOSTING.COM MAKES 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.
11. Breach and Revocation
CC Hosting.com reserves the right to suspend, cancel, transfer or
modify your domain name registration in the event (a) you materially
breach this Agreement (including the Dispute Policy) and do not
cure such breach within thirty (30) days of notice by CC Hosting.com,
(b) you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either applicable
laws or customary acceptable usage policies of the Internet, (c)
you use your domain name in connection with unlawful activity, or
(d) grounds arise for such suspension, cancellation, transfer or
other modification as provided for in this Agreement.
You further acknowledge
and agree that your registration of a domain name is subject to
suspension, cancellation or transfer by any ICANN procedure, by
any registrar (including CC HOSTING.COM) or registry administrator
procedures approved by an ICANN-adopted policy, or by any other
ccTLD registry administrator procedures as the case may be, (X)
to correct mistakes by CC Hosting.com, another registrar or the
registry administrator in administering the name or (Y) for the
resolution of disputes concerning the domain name.
You also agree
that CC HOSTING.COM shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time
as CC Hosting.com receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring
the suspension, cancellation transfer or modification of the domain
12. Governing Law
Except as otherwise set forth in the Dispute Policy with respect
to disputes, this Agreement, your rights and obligations and all
actions contemplated by this Agreement shall be governed by the
laws of the Irish Cort of Law, as if the Agreement was a contract
wholly entered into and wholly performed within the State of Ireland.
Except as otherwise set forth in the Dispute Policy with respect
to disputes, any action to enforce this Agreement or any matter
relating to your use of the CC Hosting.com site shall be brought
exclusively in the Tuam District Court, or if there is no jurisdiction
in such court, then in a state court in Galway County.
You agree that any notices required to be given under this Agreement
by CC HOSTING.COM to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
This Agreement and the Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement between you and
CC Hosting.com, and supersede and govern all prior proposals, agreements,
or other communications.
in this Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. The failure
of CC Hosting.com to require your performance of any provision hereof
shall not affect the full right to require such performance at any
time thereafter; nor shall the waiver by CC Hosting.com 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 Policy 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 Policy unenforceable or invalid as a whole.
CC HOSTING.COM will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible,
the original objectives and intent of CC Hosting.com as reflected
in the original provision. This Agreement may not be amended or
modified by you except by means of a written document signed by
both you and an authorized representative of CC Hosting.com.