Domain Name Registration Terms of Service
Domain Name Services
This document describes the rights and obligations of BrioHost and the Customer in connection with BrioHost's registration or renewal of domain names for the Customer.
Domain Name Registration
Upon Customer's request and subject to these Terms, BrioHost will register an Internet domain name, or renew the Customer's registration of an existing domain name, on behalf of Customer with a registrar selected by BrioHost and identified below (Registrar Terms and Conditions).
Customer Responsibilities
BrioHost's registration or renewal of any domain name is subject to (i) BrioHost receiving from Customer all information needed from Customer in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Customer's compliance with this documents Terms. Registration of a domain name is subject to availability of such domain name for registration, and BrioHost will not be responsible if a domain name is not available for any reason. BrioHost will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against BrioHost for, and hereby releases BrioHost of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by BrioHost for any reason.
ICANN and Other Authority
Customer acknowledges that its rights to any domain name registered or renewed by BrioHost are not being granted by BrioHost but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer's inability to use a domain name shall not entitle Customer to a refund by BrioHost of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
Domain Name Renewals
If Customer requests BrioHost to renew for multiple years a prior registration of Customer for a domain name, Customer represents and warranties that all information it provides to BrioHost in connection with such request will be true and correct. BrioHost's sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. BrioHost will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
Registrar Terms and Conditions
All registrations and renewals will be subject to the terms and conditions of Tucows available here: Tucows Registration Contracts or at http://resellers.tucows.com/
By submitting any Order to BrioHost for domain name services under the Terms of this document, the Customer agrees to the applicable registrar's terms and conditions.
Changing Registrars
BrioHost does not generally perform domain name services that require the domain name change registrars. However, if BrioHost, in its sole discretion accepts an Order from Customer for domain name services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgment policies of the losing registrar. Such acknowledgment policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither BrioHost nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer's failure to respond timely to any losing registrar query or request for confirmation.
Renewal and Expiration
The Customer agrees that BrioHost bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. Although BrioHost may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, BrioHost will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to BrioHost within such period.
Contact Information
The Customer agrees to keep its WHOIS information accurate and up-to-date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customer's e-mail address maintained in BrioHost's billing records. If the e-mail address for the Administrative Contact is not the same as the Customer's e-mail address maintained in BrioHost's billing records, BrioHost may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
Under Construction Page
Customer agrees that upon registration of a domain name with BrioHost, if such domain name is (a) hosted on a BrioHost domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by BrioHost in its sole discretion (the "Under Construction Page"). The Under Construction Page may be modified by BrioHost at any time in BrioHost's sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by BrioHost, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the "Additional Content"). If Customer does not wish to have Customer's domain name resolve to the Under Construction Page as described herein, Customer should contact a BrioHost support representative .
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