Terms & Conditions
This Agreement (the "Agreement") between Smart-Domain (Domain-Registrar) and you (the "Applicant") contains the following terms and conditions:
The applicant will pay the initial registration fee (as posted on www.domain-registrar.com) to Smart-Domain (Domain-Registrar) as soon as the Domain Name Registration Application has been submitted, and the credit card charges are approved through the appropriate channels.
By submitting a Domain Name Registration Application the Applicant agrees to be bound by this Agreement, the Registration Agreement as found at http://www.smart-register.com/agreement.html and the Uniform Dispute Resolution Policy as found at http://www.smart-register.com/policy.html
All fees paid to Smart-Domain (Domain-Registrar) are non-refundable.
Once registered, the Applicant owns the Domain Name, and assumes all responsibility for any future obligations, trademark disputes, maintenance fees etc. required to maintain or to modify the Domain Name.
The Applicant warrants to Smart-Domain (Domain-Registrar) that the details submitted by the Applicant to Smart-Domain (Domain-Registrar) are true and correct, and that future additions or alterations to those details will be true and correct.
The Applicant agrees to use the services provided by Smart-Domain (Domain-Registrar) as permitted by applicable local, state and federal laws. The Applicant will not use these services to conduct any business or activity or solicit the performance of any activity that is prohibited by law.
Spam Policy: We reserve the right, in extreme circumstances, to revoke without refund any domain name services which, in our judgement, has been used for any unlawful purpose, including theft of email service, or as a source of unsolicited bulk email or as an address to use for replying to unsolicited bulk email.
This will not apply to email return addresses used without the owners knowledge or consent, however.
When transferring a domain name, the Applicant will need to supply Smart-Domain (Domain-Registrar) with a FAX letterhead of transfer approval for their domain name. Copy for the letter will be provided by Smart-Domain (Domain-Registrar).
A domain name can only be modified/transferred by one of the contacts listed under the registered domain name.
Smart-Domain (Domain-Registrar) reserves the right to modify or to make additions to its domain service policies at any time without notice.
1. Smart-Domain (Domain-Registrar) will not guarantee that the Domain Name being applied for will be registered for the applicant.
2. Only valid credit cards will be billed automatically by Smart-Domain (Domain-Registrar).
3. Smart-Domain (Domain-Registrar) will only accept credit card form of payment to successfuly register Domain Names.
4. Smart-Domain (Domain-Registrar) does not accept the responsibility for the use of any Domain Name for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts.
5. Smart-Domain (Domain-Registrar) will attempt to avoid the registration of Domain Names that are potentially disputable, but will not be held responsible in the event that a dispute does arise. Smart-Domain (Domain-Registrar) is entitled to reject an application which Smart-Domain (Domain-Registrar) considers as being unsuitable or likely to be involved in a trade mark dispute.
6. Smart-Domain (Domain-Registrar) may change this agreement only on renewal or transfer of the Domain Name. All accounts will be subject to the terms and conditions current at the time of the registration, renewal or transfer.
Disputes between Domain Name Holders and Third Parties
Smart-Domain (Domain-Registrar) neither acts as arbiter nor provides resolution of disputes between Applicants and third party complainants arising out of the registration or use of a domain name. In case of a dispute as to the rights to a particular domain name registration, Smart-Domain (Domain-Registrar) shall have no role or responsibility other than to provide the contact information to both parties. In the event of dispute of ownership or control of a domain, Applicant agrees to be bound by the terms and conditions of the Uniform Dispute Resolution Policy found at http://www.smart-register.com/policy.htmll This Policy does not limit the administrative or legal procedures Smart-Domain (Domain-Registrar) may use when third-party conflicts arise. Smart-Domain (Domain-Registrar) shall have the right to revoke, suspend, transfer or otherwise modify a Domain Name registration at such time as Smart-Domain (Domain-Registrar) receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration.
The Applicant hereby agrees to defend, indemnify and hold harmless (i) Smart-Domain (Domain-Registrar), its officers, directors, employees and agents; (ii) Tucows.com Inc., (TUCOWSĄ¨), its officers, directors, employees and agents; (iii) the United States Government ("USG"), its officers and employees; (iv) the Internet Corporation for Assigned Names and Numbers ("ICANN"), its officers, directors, employees and agents; (v) Network Solutions Inc., ("NSI") and its directors, officers, employees and agents acting in such Role, or such other entity as may come to act as registry, (collectively, the "Indemnified Parties"), for any claims, action, demand, liabilities, losses, costs, expenses or damages awarded by a court of competent jurisdiction, including reasonable legal fees and expenses, arising out of, resulting from or related to the registration or use of the Domain Name. Such claims shall include, without limitation, those based upon trademark or service mark infringement, tradename infringement, dilution, tortious interference with contract or prospective business advantage, unfair competition, defamation or injury to business reputation. Each Indemnified Party shall send written notice to the Applicant of any such claim, action, or demand against that party within a reasonable time. The failure of any Indemnified Party to give the appropriate notice shall not affect the rights of other Indemnified Parties. Smart-Domain (Domain-Registrar) recognizes that certain educational and governmental entities may not be able to provide complete indemnification. If the Applicant is (i) a governmental or non-profit educational entity, and (ii) not permitted by law or under its organizational documents to provide indemnification, the Applicant must notify Smart-Domain (Domain-Registrar) in writing and, upon receiving appropriate proof of such restriction, Smart-Domain (Domain-Registrar) may provide an alternative provision for such a Applicant.