This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Utropicmedia, LLC to register an Internet domain name and/or to transfer a domain name from another registrar to Utropicmedia, LLC. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement and any rules or policies that are or may be published by Utropicmedia, LLC. By submitting your registration and service request, you agree to be bound by all terms and conditions of this Agreement. You acknowledge that Utropicmedia, LLC may modify or amend this Agreement at anytime.
1. Our Services
Utropicmedia, LLC is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs), currently .com, .net, .org, and .info. ICANN oversees registrations and other aspects of the TLDs. As an accredited domain name registrar, Utropicmedia, LLC is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for TLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the 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 VeriSign Global Registry Services. The registry administrator for the .info TLD is Afilias Limited (“Afilias”). You agree and acknowledge that Utropicmedia, LLC 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 their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including any direct, indirect, incidental, special or consequential damages and reasonable legal fees and expenses) arising out of, or related to, your domain name registration.
2. Security
Utropicmedia, LLC uses a user name/password protection system to identify individuals authorized to maintain domain names. This user name/password combination will be absolutely required to make any modifications and renewals to the domain name registration. This information will be emailed upon request to the email address on record for the user account associated with the domain name registration. It is the responsibility of the user to keep the contact information on record up to date. You agree and acknowledge that Utropicmedia, LLC is not liable or responsible in any way for domain name cancellations or related actions resulting from incorrect contact information.
3. Fees
As consideration for the domain name registration services provided by Utropicmedia, LLC, you agree to pay Utropicmedia, LLC, prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees. All fees are nonrefundable, 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. Utropicmedia, LLC reserves the right to change fees, surcharges, and renewal fees or to institute new fees at anytime, for any reason, at its sole discretion. You acknowledge that if receiving a domain name as part of a promotional offer and you do not fulfill the requirements of the promotion that Utropicmedia, LLC reserves the right to hold you responsible for the full retail value of the domain name. Your requested domain name will not be registered until Utropicmedia, LLC receives actual payment of the registration, renewal and reinstatement fees as applicable. In the event of a chargeback by a credit card company or similar action by any payment provider allowed by Utropicmedia, LLC in connection with the payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Utropicmedia, LLC as the paying entity for that registration to the registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion and subject to our receipt of the initial registration or renewal fee and any reinstatement fees we may charge. You will be notified via email to the email address on record as the billing contact when renewal fees are due for the registered domain name. Should these fees go unpaid within the time specified in a 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. You agree and acknowledge that Utropicmedia, LLC is not liable or responsible in any way for domain name cancellations or related actions resulting from incorrect contact information.
4. Domain Name Dispute Policy
You agree to submit to proceedings under ICANN's Uniform Domain Name Dispute Resolution Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the dispute policy may be found at ICANN's website: http://www.icann.org/udrp/. This policy has been developed by ICANN and/or the specific Registration Administrator and is a required component of every registration agreement. Please take the time to familiarize yourself with this policy. If registering a domain name in the .info TLD, you agree to comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. Furthermore, you acknowledge that Afilias and Utropicmedia, LLC will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration. You agree to indemnify, defend, and hold harmless ICANN, Utropicmedia, LLC, Registry Administrators and their respective 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 and any disputes regarding same. 5. Modifications to the Domain Name 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 Utropicmedia, LLC may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN Agreement, and any other Agreements that Utropicmedia, LLC is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. Such modifications will be at the sole discretion of Utropicmedia, LLC. 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.
6. Registration Information
You agree to submit all contact information requested during the domain name registration process. Utropicmedia, LLC's agreement with ICANN and the registry administrators, requires the collection of this contact information. You further agree to immediately correct and update the registration information for the domain name during the registration term of the domain name. Failure to correct the registration information shall constitute a breach of this Agreement.
7. Disclosure and Use of Registration Information
You agree and acknowledge that Utropicmedia, LLC will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the registry administrators, and to other third parties as ICANN and applicable laws may require. You further agree and acknowledge that Utropicmedia, LLC 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 laws. When registering a domain name under the .info TLD, you consent to the use, copying, distribution, publication, modification, and other processing of registration information you provide by Afilias and it designees and agents in a manner consistent with the purposes specified pursuant in its contract. Utropicmedia, LLC 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 that we describe in this Agreement. Utropicmedia, LLC will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
8. Agents and Licenses
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 further agree that you will furnish the requested information to identify the appropriate person as domain owner. 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, 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.
9. Right Of Refusal
Utropicmedia, LLC, at its sole discretion, reserves the right to refuse to register your domain name, to enroll you in any services, or to delete your registered domain name within thirty (30) calendar days from receipt of your payment for such registration or service. In the event Utropicmedia, LLC does not register your domain name, enroll you in any services, or deletes your registered domain name or other service enrollment within such thirty (30) calendar day period, Utropicmedia, LLC agrees to refund your applicable fees. You agree that Utropicmedia, LLC shall not be liable to you for loss or damages that may result from our refusal to register your domain name, our refusal to enroll you in any services, or the deletion of your registered domain name.
10. Changing Registrars
You agree that you will be prohibited from changing the registrar of your domain name for thirty (30) calendar days following the initial registration of the domain name with Utropicmedia, LLC. Beginning on the sixty-first (61st) calendar day following initial registration, Utropicmedia, LLC will notify the owner of the Utropicmedia user account responsible for the domain name in question via the email address on file whenever we receive a request to transfer the domain to another registrar. The user must then access the Domain Name Control Panel to authorize the transfer. If the authorization is not provided via the Domain Name Control Panel within five (5) days of the initial request, Utropicmedia, LLC will immediately deny the request to change registrars. Your request to change registrars may be denied in situations described in the Dispute Policy, your pending bankruptcy, a dispute over the identity of the domain name holder, and default in the payment of any fees due.
11. Domain Name Modifications
Although Utropicmedia, LLC will accept changes to domain name contact and name server information through the Domain Name Control Panel, Utropicmedia, LLC's record of the domain "owner" can only be changed via the following procedure. To transfer ownership of the domain to another party, the customer must pay all outstanding registration fees and submit through the Domain Name Control Panel the applicable form that describes the intent to relinquish ownership of the domain to a specific party. The new domain owner, who must be the specific party designated by the old domain owner, must then follow the online procedures for obtaining ownership of the previously relinquished domain name. The new domain owner must also pay a transfer of registration fee.
12. Representations and Warranties
You represent and warrant that all information provided by you in connection with your registration is complete and accurate. Utropicmedia, LLC makes no representation or warranties of any kind in connection with this Agreement. Utropicmedia, LLC does not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
13. Governing Law; Jurisdiction; Venue.
These Terms and Conditions shall be construed solely in accordance within the internal laws of the State of Michigan , without giving effect to principles of conflicts of laws. Any actions, proceedings or suits concerning or relating to these Terms and Conditions and your access to and use of the Site may only be brought in a court of competent jurisdiction in Oakland County Michigan, or in the U.S. District Court for the District of Michigan, and each party hereby consents to the jurisdiction and venue of such courts and waives any objections thereto.
Users of this Site agree that any and all disputes arising from the use of this Site, or the ordering of materials from this Site, shall be settled by binding arbitration. Notwithstanding the foregoing, however, Utropicmedia shall have the right to commence and prosecute any legal or equitable action or proceeding before any non-US court of competent jurisdiction to obtain injunctive or other relief in the event that, in the opinion of Utropicmedia, such action is necessary or desirable beyond that relief immediately afforded through an arbitration proceeding.
14. Limitation of Liability
YOU AGREE THAT UTROPICMEDIA, LLC WILL NOT BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY LOSS THAT MAY OCCUR DUE TO (A) ANY LOSS OF REGISTRATION OF A DOMAIN NAME, (B) THE USE OF YOUR DOMAIN NAME, (C) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO UTROPICMEDIA, LLC'S REGISTRATION SYSTEM, (D) THE NON-DELIVERY OR MISDELIVERY OF DATA BETWEEN YOU AND UTROPICMEDIA, LLC, (E) EVENTS BEYOND UTROPICMEDIA, LLC'S REASONABLE CONTROL, (F) THE PROCESSING OF YOUR APPLICATION, (G) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, (H) THE FAILURE OF YOU OR YOUR AGENT TO PAY ANY FEES HEREUNDER, OR (I) THE APPLICATION OF THE DISPUTE POLICY. FURTHER, UTROPICMEDIA, LLC 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 UTROPICMEDIA, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. YOU AGREE THAT UTROPICMEDIA, LLC'S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO ANY SERVICES PROVIDED BY UTROPICMEDIA, LLC UNDER THIS AGREEMENT AND ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICES. IN NO EVENT SHALL UTROPICMEDIA, LLC'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR INITIAL REGISTRATION OF THE DOMAIN NAME AND ANY RENEWALS THEREOF IN THE PAST THREE YEARS. 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 BY LAW.