Domain Agreement

This Domain Registration Agreement ("Registration Agreement") is between you, the person or entity registering a domain or domains, and the Company (as described below), as the sponsoring registrar, or a reseller for the sponsoring registrar identified in the WHOIS record found here (https://www.internic.net/whois.html). To the customers, the terms “Company,” “we,” “us,” or “our” attributes to Qwords.com. You agree to be governed by this Registration Agreement by utilizing the Company's domain registration services (the "Services"). Please take the time to read this agreement carefully.

At any moment, we may change, add, or remove elements of this Registration Agreement. In such an occurrence, we will post a notice on our website indicating we have made major changes to this Registration Agreement for at least 30 days after the changes are posted, and we will identify the date these terms were last changed at the bottom of this Registration Agreement. Any modifications to this Registration Agreement will take effect (i) 30 days after the notice of modification, addition, or deletion is posted, or (ii) the first time you access or use the Services after the changes are made. You are not authorized to use or access the Services if you do not agree to abide by this Registration Agreement.

You acknowledge and agree that the Company may modify this Registration Agreement at any time, with or without notice, to comply with any terms and conditions established by the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or the applicable registry administrators ("Registry Administrators") for top level domains ("TLD") or country code top level domains ("ccTLD").

1. Our Services

Your domain registration will take effect upon the completion of the following steps :

  1. You agree to be bound by all of the terms and conditions of this Registration Agreement, as well as the Company's Terms of Service and related documentation.
  2. The Company accepts your domain registration application (at its sole discretion)
  3. The Company receives payment of the registration, renewal, and reinstatement fees, as applicable; and
  4. The Company delivers the domain registration information you provide to the registry administrator for the applicable TLDs, and the Registry Administrator puts your domain registration application into effect.

2. Limitation of Liability

You acknowledge that the Company does not have complete control over the domain registration procedure. When you submit a domain registration, for example, the Company sends the registration information to the relevant Registry Administrator for processing and actual registration of the name. The Company disclaims all liability for any inaccuracies in registration information due to (i) your entry of the information; and (ii) the Registry Administrator's input of the information, and you agree to this. Due to spelling problems or typos, the Company will not be held liable or refund a domain name registration.

3. Multiple Domain Registrations

In compliance with ICANN standards, the Company reserves the right to refuse duplicate domain registrations.

4. Fees

  1. All fees must be paid before a domain may be registered. You agree to pay the Company all registration and other applicable fees as specified via the payment method selected at the time of registration in exchange for the domain registration service offered by the Company prior to the desired domain registration taking effect. Even if your domain registration is suspended, cancelled, or transferred before the end of your current registration period, all fees are non-refundable, in whole or in part. The specified registrant for the domain name is responsible for keeping records that document and prove the domain name's initial registration date.
  2. Reservation of right to modify fees. Fees are subject to change without notice. The Company reserves the right, at its sole discretion, to modify fees, surcharges, and renewal fees or to institute new fees at any time with 30 days' notice for any reason.
  3. Charge-backs on credit cards for domain registrations. In the event of a charge-back to the Company by the credit card company (or similar action by another payment provider used by us) for the credit card used to pay the registration or other fee, you agree and acknowledge that the domain registration shall be transferred to the Company, as the paying entity for that registration to the registry(ies), and that we reserve all rights regarding such domain, including, without limitation, the right to release the domain to other parties to purchase. The Company also reserves the right to lock your account and the rest of your domains until any administrative fees and/or chargeback fees are expected to be paid in full. We reserve the right to reinstate your domain registration at our sole discretion, subject to receipt of the registration fee and administrative and/or chargeback fees described above.
  4. Charge-backs on credit cards for non-domain registration services. If your credit card company (or another payment provider) issues a charge-back for a non-domain registration fee, you agree and acknowledge that the service will not start or will be discontinued, and any information maintained by the service will be deleted, along with your account and the rest of your services being locked until we receive payment of any admin fees. We reserve the right to reinstate your domain registration at our sole discretion, subject to receipt of the registration fee and administrative and/or chargeback fees described above.

5. Required Domain Registration Information

  1. Registration information. A Registered Name Holder is expected to submit, and update within seven (7) days of any change, complete and accurate information, including the following (collectively, the "Registration Information"), as part of the domain registration process and in compliance with ICANN policies:
    • The name and address of the domain registrant;
    • The domain being requested;
    • Administrative contact information for the domain, including the administrative contact's name, postal address, email address, phone number, and, if available, fax number; and
    • Technical contact information for the domain, including the technical contact's name, postal address, email address, phone number, and, if available, fax number; and
    • Billing contact information for the domain, including the billing contact's name, postal address, email address, voice telephone number, and, if available, fax number.
  2. Additional registration information. In addition, the Company is required to submit abide and keep the current, complete, and accurate information regarding to a domain registration as per the ICANN policies, which include the following additional registration information:
    • The initial date of the domain registration;
    • The date and time the registration was submitted to us, as well as the date and time it was submitted to the proper registar by us;
    • All communications whether in electronic or paper format consistent with the registration orders, modifications, or terminations, and correspondence between you and us in this regard;
    • Your domain registration account data, including the dates and amounts of any payments and refunds;
    • The primary name server's IP address, as well as any secondary nameservers for the domain;
    • The equivalent names of those nameservers;
    • The technical contact for the domain's name, postal address, email address, voice telephone number, and, if available, fax number;
    • The administrative contact for the domain's name, postal address, email address, voice telephone number, and, if available, fax number;
    • The expiration date of the domain registration; and
    • All additional communication between you and us relating to your domain registration and other related services.
  3. Use of Registration Information and Additional Registration Information. You agree and acknowledge that the company will provide the Registration Information and the Additional Registration to ICANN; and other third party Registry Administrators such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc,. Afilias USA, Inc., Global Domains International; and as admissible laws may require or permit. You also acknowledge that ICANN and the Registry Administrators may assert guidelines, limits, and/or requirements relating to the amount and type of data that the Company may or must provide to the public or private organizations, as well as the disposition in which such information can be accessed. Furthermore, you agree to any and all such disclosures and uses of, as well as guidelines, limits, and constraints on disclosure and the use of, information provided by you in connection with the registration of a domain (including any updates to such information), whether during or after the term of your domain registration. Likewise, you hereby waive any and every claims and causes of action that may or have arisen as both a result of such disclosure or the use of your Registration Information and Additional Registration Information.
  4. Information updating and accuracy obligations. You must present us with updated Registration Information within seven (7) days of any changes towards such information in order to keep your domain registration valid. You may utilize the Company's domain manager service, domain management interface, or similar service, which is available on our website, to verify, change, or update your Registration Information. As stated in the ICANN policies, you hereby acknowledge and agree that if you submit inaccurate information or fail to update your Registration Information within seven (7) days of a change, then you will commit a substantial breach of this Registration Agreement and we may cancel your registration in our sole discretion. You furthermore concede that your lack of response to any Company inquiry about the validity of the Registration Information within ten (10) days, or to contact the Company immediately upon discovery of any willful inaccuracy (such as a phone number listed) linked with your domain registration, will constitute a material breach of this Registration Agreement and will be legal grounds for cancellation of your domain registration. You further confirm that any third-party people whose personal data you have supplied as Registration Information have given their consent.
  5. Information requirements for renewals. The sort of information you need to provide when extending your domain registration may have been updated. Your domain registration may not be renewed if you refuse to supply the new required information.
  6. Ownership of data. You understand and agree that the Company owns all database, compilation, collective, and similar assets, title, and interests in our domain database ("Domain Database"), as well as all information and proprietary rights derived from it, which includes Registration Information and Additional Registration Information. You also agree and accept that for those domain registrations for which we are the registrar, the Company may utilize the following information: (a) the registration's initial creation date; (b) the registration's expiration date; and (c) the name, postal address, email address, voice telephone number, technical contact, and fax number, authorized contact, zone contact and billing contact for the domain registration if available; (e) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary and any secondary nameservers for the domain, and the corresponding names of those nameservers; and (f) any other information the Company generates or obtains in connection with the provision of domain registration services, other than the domain being registered, the Internet protocol (IP) addresses of the primary and any secondary nameservers for the domain. Apart from its rights in the Domain Database, the Company has no ownership interest in any of your individual personal registration information. The Company promises to take reasonable steps to secure your personal registration information against loss, abuse, illegal access or exposure, alteration, or destruction.
  7. Registrant Verification. You understand and agree that within 15 days of any registration, transfer, or modification to the Registered Name Holder's contact information, the Registrar shall validate the Registered Name Holder's email address. Failing the Domain Name Holder to verify the contact information within 15 days represents a considerable breach of this Registration Agreement, and the domain name(s) and associated service(s) will be terminated immediately. Furthermore, you agree fully that any changes to WHOIS contact information must be approved by the Registrar within 15 days of the modification. The Domain Name Holder’s refusal to validate such changes within 15 days constitutes a significant breach of this Registration Agreement, and the domain name(s) and associated service(s) will be suspended immediately.

6. Domain Privacy Service

  1. By purchasing domain privacy services (“Domain Privacy’), you hereby understand that your registered information will be replaced in any public WHOIS database information provided by the Company as specified in its sole discretion (the “Private WHOIS Contact Information”).
  2. Regardless of the fact that the Private WHOIS Contact Information will display in any public WHOIS search result, you are entirely liable for any and all monetary, creditor, or other claims that emerge as a consequence of a legal or other issue concerning your domain name registration. The use of the Domain Privacy service does not relieve you of your responsibility to submit valid and accurate Registration Information, as well as to update and change such information as required by this Registration Agreement.
  3. Keep in mind that the Domain Privacy service is NOT a mail forwarding service. You hereby understand you will not provide the Private WHOIS Contact Information for the purpose of having third party communication forwarded to you. The Company may immediately terminate the Domain Privacy Service, and opt to discontinue the Registration Information if you breach this Agreement.
  4. Regardless of the foregoing, you agree that the Company may, but is not required to, analyze and forward messages received in connection with your domain name. You hereby authorize the Company, at our sole discretion, to receive, sort, open, forward, and delete any and all mail delivered to our address. You explicitly agree that the Company is not obligated to send you certified or traceable courier mail, but that it may do so (such as UPS or Federal Express deliveries), legal notices, or first class U.S postal. However, The Company will NOT transmit "junk" mail or other unsolicited messages (whether sent by fax, snail mail, or telephone), and you also allow the Company to either delete or retain all such communications to the sender. You agree that: (i) postal mail may be forwarded either through regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information, and we will forward such mail or email in compliance with the terms of this section. You forgo any and all claims arising from the Company's failure to transmit or refer to your messages addressed to your domain name but not forwarded or referred to you.
  5. If any domain name about which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will be terminated immediately, and no refund will be granted for any portion of the service that is not used.
  6. If you fail to extend your Domain Privacy service while your domain name registration is still ongoing, it will be suspended, canceled, or terminated, and your Registration Information will be displayed in any public WHOIS search. Renewals of Domain Privacy after the initial purchase will be charged at the normal list pricing, which may be found by signing into your account.
  7. The Company fully retains the right, in its sole discretion and without any obligation to you, to terminate or discontinue your use of the Service at any time and without notice to you, and/or to disclose the Registration Information in any public WHOIS search or to any third party:
    • To obey all relevant laws, rules, regulations, and requirements, as well as any subpoenas, court orders, official government investigations, or law enforcement demands;
    • To comply with the ICANN’s Uniform domain Name Dispute Resolution Policy (http://www.icann.org/en/help/dndr/udrp);
    • To settle any and all third-party claims arising out of your use of the Domain Privacy service, whether threatened or made, including, without limitation, any complaint that the registered domain name breaches or infringes a third party's trademark, trade name, or other legal rights;
    • If you violate any aspect of this Registration Agreement or any other agreement, you’ve entered into with the Company, including, but not limited to, the Terms of Service;
    • To adhere to the registry's regulations, processes, or practices that govern the domain name extension receiving the Domain Privacy service, as well as to safeguard the registry's integrity and stability;
    • To protect the Company, its parent businesses, subsidiaries, affiliates, shareholders, agents, officers, directors, and employees against any financial loss or legal responsibility (civil or criminal);
    • To avoid improper behavior that comes to the Company's knowledge, such as if you are using Domain Privacy to conceal your involvement in unlawful or morally unacceptable actions, such as acts that are meant to or otherwise: (i) defame, embarrass, damage, abuse, threaten, or harass third parties; (ii) violate the state or federal laws and/or other territories; (iv) involve hate crimes, terrorism, or child pornography; (v) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party’s privacy, racially, ethnically, or otherwise objectionable; (vi) imitate the identity of a foreign entity; (vii) harm minors in any way; or (viii) refer to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device, or item that subverts, damages, impairs, interrupts with, intercepts, or blatantly disregards any software, hardware, firmware, network, or any other software, hardware, firmware, network, or any other software.
  8. Pursuant to paragraph 3.7.7.3 (http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#raa) of ICANN’s Registrar Accreditation Agreement (“RAA”), You comply that even if you license the use of a Registered Name (as that term is defined in the RAA) to a third party, you are still the Registered Name Holder of record (as that term is defined in the RAA) and are committed to providing and updating accurate technical and administrative contact information appropriate to facilitate timely resolution of a dispute. A Registered Name Holder who licenses the use of a Registered Name under this requirement accepts liability for any harm caused by wrongful use of the Registered Name unless the Registered Name Holder discloses the licensee's current contact information and identification to a party who provides the Registered Name Holder with reasonable evidence of actionable harm within seven (7) days.

7. Domain Parking

  1. The domain will be immediately registered on the Company's nameservers, and Internet users who put in the domain will be routed to a "coming soon" page (collectively, "parking a domain" or "parked domain"). Parking a domain is free of charge. You hereby consent to and allow the Company to put a "coming soon" page on your parked domain, together with its related contents. After the registration is complete, you can alter the name server configuration (or “un-park” the domain). If you need to register name servers for domains you're presently registering, the names will remain parked with the Company until you use your account manager to change the name servers after the domain registration is complete.
  2. In the event your domain registration expires, your registration is no longer valid. If you are able to renew the domain name, you may update the domain to its original settings. After expiration, but prior to renewal, the domain may be pointed to an “expired” page (collectively, “parking a domain” or a “parked domain”). There is no charge for the parked domain. By not renewing the domain, the Company may place an “expired” page, and its associated contents, on the parked domain. You may change the name server configuration (or “un-park” the domain) after the renewal is complete. If you need to register name servers using the domains that you are currently renewing, the names will initially be parked with the Company until you modify the name servers after the domain renewal is complete, using your account manager.
  3. Advertisements and other items selected by the Company, in the Company's sole discretion, may appear on the "coming soon" and/or "expired" pages. Third-party websites, third-party product and service offers, and/or Internet search engines are examples of this. All revenue generated by such advertising and other materials will be collected and retained by the Company.
  4. DNS Wildcard. If you utilize the Company's DNS management services but don't set up a wildcard DNS record for your domain, the Company may use wildcard DNS records to resolve subdomains of your domain that wouldn't resolve otherwise. The Company may direct those subdomains to a web page containing advertising and other material that the Company chooses at its sole discretion. Third-party websites, third-party product and service offers, and/or Internet search engines are examples of this.

8. Registration Renewal

  1. Renewal obligations. If you decide to renew any domains or additional services, you are solely responsible for ensuring that they are renewed prior to their expiration. You may renew your domain before it expires at any moment. In connection with the renewal, the Company shall have no duty to you or any third party, including, but not limited to, any failure or errors in renewing the services.
  2. When renewal costs are due, you may be contacted at the Company's sole discretion. Your registration will be revoked if these fees are not paid within the time frame stated in a notice or reminder about renewal. Payment must be made using one of the other ways listed on the renewal form. You are solely liable for the failure to renew if your billing information is incorrect.
  3. Auto Renewal.
    You consent that if you paid for any services provided herein or with a credit card or other payment service (such as PayPal), you hereby authorize, but not impose, the Company to automatically charge your credit card or payment service account and renew the applicable service(s) on or before their renewal date using the credit card or other acceptable payment information you have provided to the Company, unless you notify the Company that you do not wish to participate in such renewals. Notification of your intention not to renew (opt-out) must be received by the Company at least sixteen (16) days prior to the renewal date.
    In the absence of such notification from you, the Company will automatically renew any domain that is up for renewal for a period of one (1) or two (2) years, depending on the TLD or ccTLD of your domain name, and will charge the credit card or payment service account you have on file with the Company, at the Company's then current rates.
    You are fully responsible for the credit card or other payment information you provide to the Company, and any changes must be promptly disclosed to the Company (e.g., change of expiration date or account number). You are entirely responsible for the failure to renew if your credit card or payment service account has expired or is otherwise invalid, and the Company will not be accountable for the failing attempt.
  4. Concerning the domain names that have expired. You, as the user, agree that we may include our contact information in the WHOIS data for any expired domain name, as failure to renew results in the domain name being immediately cancelled and you losing all rights to it. The time when you agree that if you do not renew your domain name, we may renew and transfer it to a third party on your behalf as an Expired Domain Transfer that later is referred to as “ED Transfer.”
  5. ED Transfers and/or domain auction or brokerage partners bring in new consumers. If you are registering a domain name that was previously registered with the Company and has not yet been deleted, you accept and agree that the term of your registration will be one year from the domain name's original expiration date immediately prior to your purchase, as the registration is the result of an ED Transfer, as defined above. You will not receive any compensation for the period you were unable to use the domain after it expired until you are allowed to use it in your account. Please take into account that you must wait sixty (60) days from the date of any prior transfer before transferring your domain name to another Registrar.

9. Domain Dispute Resolution Policy

You agree to be restricted by the applicable domain dispute resolution policy that later is referred as "Dispute Policy" for the domain you've chosen, including the Uniform Domain Name Dispute Resolution Policy, which may be found here. ICANN and/or the particular Registration Administrator(s) created the Dispute Policy, which is included by reference in this Registration Agreement. Certain issues are governed by the Dispute Policy in effect at the time. You agree that if a disagreement develops, you will be bound by the terms of the relevant Dispute Policy in force at the time your domain registration is challenged by a third party. You also agree to indemnify and hold the Company irreproachable in the case of a domain dispute with a third party, in accordance with the terms and conditions of the relevant Dispute Policy. ICANN or the relevant Registry Administrator may modify the Dispute Policy at any time, and your continuing use of the domain registered to you after such a Dispute Policy update shall indicate your acceptance of the new Dispute Policy and this Registration Agreement. If you don't agree with any of the changes, you can have your domain registration cancelled or transferred to another registrar. The SLD holder submits to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where the registrar is situated for the adjudication of disputes involving or arising from usage of the second level domain ("SLD") name, without prejudice to other potentially relevant jurisdictions. You also agree to follow the regulations of ICANN's Uniform Rapid Suspension ("URS") (http://newgtlds.icann.org/en/applicants/urs) and to participate in any URS-related procedures.

10. Change of Registrant Of Domains

  1. Related to the Change of Registrant. Any material changes to a domain name registrant's name, company, email address, or administrative contact email address (if there is no registrant email address) are subject to ICANN's Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en) as of December 1, 2016, for all gTLDs.
  2. For any of the following circumstances, we are allowed to refuse a change of registrant:
    • The registrant's right to renew or transfer the domain name to another registrar has expired due to the expiration of the domain name registration agreement;
    • The Prior Registrant and the New Registrant did not properly authorize the change of registrant; or
    • The domain name is the subject of a domain name dispute, which may include, but is not limited to: - Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
      - Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
      - Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
      - a court order.
    • The Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request, unless otherwise prohibited.
    • You cannot transfer your domain registration to another domain registrar for sixty (60) days after the change of registrant unless you opt out of the transfer lock when requesting a change of registrant.
  3. Agent who has been designated. You thus expressly allow us to act as "Designated Agent" on behalf of the Prior Registrant and the New Registrant to approve a change of registrant in accordance with and in accordance with the provisions of ICANN's Transfer Policy.
  4. Regarding the registration is transferred to a new registrant. The registrant of the domain is the entity or person designated as the "registrant" at the moment the controlling user name and password are secured. You acknowledge that the Company has the right to enforce any sum announced for the transfer of ownership of a domain prior to the effective date of any transfer of ownership of a domain to another business. You further agree that, as a condition of any such transfer of domain ownership, the person to whom you wish to transfer your domain must agree to be bound by the terms and conditions of this Registration Agreement in writing (electronic acceptance is acceptable). Your domain will not be transferred until we obtain written assurances (or reasonable assurances as decided by the Company in its sole discretion) and payment of the transfer fee, if applicable. You acknowledge and agree that any attempt to transfer your domain registration without paying the Company the amount published for the transfer of domain ownership, or if the entity to which you seek to transfer your domain fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, will be null and void, and your domain registration will be revoked without a refund of any charges you have incurred.
  5. When changing the registrant name within the Company, you agree that the domain name may be changed back to the registrant listed immediately prior to the change at the Company's discretion upon written (email is acceptable) request by the registrant listed immediately prior to the change within five (5) days (or such reasonable time as determined at the Company's discretion) by the registrant listed immediately prior to the change or in the event of suspected fraud in connection with the change of the registrant name as a result of the change.
  6. Regarding registration transfer to or from a different registrar. You acknowledge that if you transfer a domain name into the Company as the new registrar of record while concurrently altering the name of the registrant or later changing the name of the registrant, the domain name may be re-transferred back to the losing registrar upon written (email is acceptable) request by the registrant who was listed immediately prior to the transfer or upon request by the losing registrar, or in the event of suspected fraud in connection with the transfer as determined by the Company in its sole discretion. You must complete all needed information requested through the online transfer application, such as contact information, nameserver information, and so on, at the time of your transfer into the Company. The Company reserves the right to approve or reject your domain name transfer application for any reason. You are not eligible for a refund if your domain name is moved to a different registrar.
  7. RESTRICTIONS REGARDING REGISTRAR TRANSFERS. You agree not to transfer your domain registration to another domain registrar for generic top-level domains regulated by ICANN within the first sixty (60) days from the effective date of your: (1) completing a domain transfer into the Company or (2) registering a domain for the first time. You agree to submit written authorisation (electronic acceptance is acceptable) to the Company for the transfer of the domain to another registrar and to pay any and all costs that the Company may charge to accomplish the transfer if you choose to use our transfer lock service. You acknowledge that your request to transfer your domain to another registrar may be refused if the Transfer Policy is not followed accroding to - https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
  8. You agree not to transfer a domain to another registrar for country-code top-level domains within the first sixty (60) days after the initial registration or after the domain expires, as determined by each registry. You acknowledge that your request to transfer your domain to another registrar may be refused if the Transfer Policy is not followed (available here).

11. Agents and Licensing

You represent and declare that you have the power to bind the person or entity identified as registrant as a principal to this Registration Agreement, including the relevant Dispute Policy, if you are registering a domain and listing someone other than yourself as the registrant. Regardless of the wishes of the agent/account owner/other listed contacts on that particular domain, the name listed as registrant of the domain or the appropriate officer of a listed Organization (at the Company's discretion) may choose to move the domain into another account for full access to the domain (such as admin, billing). You also agree that even if you license the use of your domain to a third party, you remain the domain holder of record and are responsible for strict compliance with this Registration Agreement, including but not limited to payment obligations and providing (and updating, as necessary) accurate Registration Information and Additional Registration Information. Furthermore, unless you quickly reveal the current contact information supplied to you by the licensee, as well as the licensee's name, to any party providing reasonable evidence of real injury, you assume accountability for any activities taken by the licensee using the domain.

12. Representations and Warranties

If you provide information about a third party when registering a domain, you represent and warrant that you have (a) given that third party notice of the disclosure and use of that party's information as set forth in this Registration Agreement, and (b) obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Registration Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the domain nor its direct or indirect usage infringes on the legal rights of a third party. You also represent and warrant that all of the information you supplied in connection with your domain registration is correct.

13. Indemnification

  1. The Company’s Indemnification. You agree to hold the Company, its subsidiary and parent entities, predecessores, successors, affiliates and assigns, the Registry Administrators and all of their respective current and former officers, directors, members, shareholders, agents, and employees (the “Indemnified Parties”) harmless from any and all Claims. “Claim” refers to any action, cause of action, lawsuit, proceeding, claim, or demand of a third party (and all resulting judgements, bona fide settlements, penalties, damages, losses, liabilities, cost, and expenses (including without limitation reasonable attorneys’ fees and cost)) arising out of: (a) your violation of this Registration Agreement or other Company’s policies applied to this domain registration or related services, (b) the operation of your domain, (c) any of your negligent act or omission, or (d) any third-party claim action or demand allied to the registration or use of the domain registered under your name (and this indemnification is in addition to any indemnification required under the Dispute Policy). Fees and costs expended to interpret or enforce this Section 13 are included in the definition of “Reasonable attorneys’ fees and costs”. Separate counsel may be hired, at Company’s expense, to monitor and participate in the defense of any Claim. You will be provided with reasonably prompt notice by the Company of any claim.
  2. Indemnification of ICANN and Registry Operators. You agree to indemnify, defend and hold harmless ICANN, Registry Operator(s) and their respective subcontractors, shareholders, directors, officers, cost and expensenses employees, affiliates, and agents from against any and all claims, flawes, liabilities, — including reasonable attorneys’ fees and costs, arising out of Some Registry Operators may refuse to allow this indemnity clause to apply as written; in such circumstances, this provision applies to the fullest degree authorized by law as it applies to such Registry Operators.
    Registry Operator(s) including but not restricted to VeriSign Inc., Public Interest Registry, Afilias Limited, SITA, NeuLevel Inc. and NeuStar Inc.
  3. Some Registry Operators may refuse to allow this indemnity clause to apply as written; in such circumstances, this provision applies to the fullest degree authorized by law as it applies to such Registry Operators.

14. Guarantee Disclaimer; Limitation of Liability

  1. Disclaimer of guarantee. IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, THE COMPANY MAKES NO REPRESENTATIONS OR GUARANTEES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, IMPLIED GUARANTEES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. ADDITIONALLY, WITHOUT LIMITING THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION OR SUSPENSION, CANCELLATION, OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
  2. Limitation of liability. THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF THIS REGISTRATION AGREEMENT, AGREE NOT TO BE LIABLE FOR ANY OF THE FOLLOWING: (A) LOSS OR SUSPENSION OF YOUR DOMAIN REGISTRATION; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT YOU AUTHORIZED SUCH USE; (C) BUSINESS INTERRUPTION; (D) ACCESS DELAYS, DOS ATTACKS, OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS THROUGH THE DOMAIN REGISTERED IN YOUR NAME; NON-DELIVERY, MISS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION OF DATA; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY'S OR ANY OF THESE INDEMNIFIED PARTIES' REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN APPLICATION; (H) ANY ENCRYPTION OR OTHER SERVICES PROVIDED FAILURES; INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) WILL ALSO BE EXCLUDED BY THE COMPANY AND THE INDEMNIFIED PARTIES, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT, OR OTHERWISE. EVEN IF THE COMPANY OR ANY OF THE INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES IN TORT (INCLUDING NEGLIGENCE), OR OTHERWISE. IN NO EVENT SHALL THE COMPANY'S OR ANY OF THESE INDEMNIFIED PARTIES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN IN ISSUE FOR THE THEN-CURRENT REGISTRATION PERIOD.

15. Term and Termination

  1. Term. This Registration Agreement's duration runs from the date you accept it until one of the following events occurs: (a) your domain registration is canceled; (b) your domain is transferred to a third party; or (c) your domain expires or is terminated (see Section 15.c below) (collectively, "Termination"). Any obligations you have under this Agreement to pay fees or other sums that existed prior to the expiration or termination of this Registration Agreement will survive the expiration or termination.
  2. Domain suspension, cancellation, or transfer. You acknowledge and agree that your domain registration may be subject to suspension, cancellation, or transfer (collectively referred to as "Cancellation"); (a) to remedy errors made by the Company, another registrar, or a Registry Administrator in managing the domain name, or (b) to resolve domain-related issues in accordance with an ICANN policy or process. Prior to registering a domain, you are accountable to confirm if it infringes on anybody else's rights. If it is found out that the domain name you have registered infringes on another person's rights, the Company has the right to revoke your registration immediately, according to the company's discretion. You will not be entitled to a refund if you willfully violate our agreement. You also agree that the Company has the right, in its sole discretion, to suspend, cancel, transfer, or otherwise modify a domain registration after receiving a properly authenticated order from a court of competent jurisdiction, or an arbitration award, requiring the suspension, cancellation, transfer, or modification of the domain registration.
  3. Termination. The Company reserves the right to suspend, cancel, transfer, or modify your domain registration if you: (a) materially breach this Registration Agreement (including the Dispute Policy) and do not cure such breach within ten (10) days of notice from the Company; (b) use the domain to send unsolicited email, in violation of this Registration Agreement or applicable laws; (c) use your domain in connection with unlawful activity; or (d) otherwise violate this Regist WE WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS INCURRED AS A RESULT OF THE TERMINATION OF YOUR DOMAIN NAME RIGHTS.
  4. Survival. Sections 2, 9, 12, 13, 14, 15, and 16 of this Registration Agreement will survive any termination or cancellation of this Registration Agreement.

16. Additional Terms

  1. Personal Data. By reference, the Company's Privacy Policy is included into this document. Please click here to view our privacy statement. You further represent that you have given any individual whose personal data you provide to the Company a copy of the Company's Privacy Policy and that they have given their permission to the above.
  2. Governing law; jurisdiction. This Registration Agreement, your rights and duties, and any activities envisaged by this Registration Agreement shall be governed by the following, unless otherwise stated in the Dispute Policy with respect to disputes. Any disagreement or claim arising out of or pertaining to this Agreement, its creation, or its violation, including any claim based on an alleged tort, shall be governed by the substantive laws of the Commonwealth of Massachusetts, unless you are in India. Any disagreement or claim arising out of or pertaining to this Agreement, its formation, or its violation, including any claim based on an alleged tort, shall be governed by the substantive laws of Qwords.com nation if you are in India.
    Despite the above, this Agreement is exempt from the United Nations Convention on Contracts for the International Sale of Goods.
  3. Arbitration. The following is the government of your use of service:
    • First is the informal process. You concur that if you and Qwords.com have a disagreement, you will first contact us and make a good faith effort to settle the disagreement before resorting to arbitration under these Terms.
    • Binding Arbitration. Except for disputes relating to the infringement of our intellectual property rights or access or use of the Service in violation of these Terms (a "Claim"), or Claims seeking more than $10,000 in damages, any dispute or claim that remains unresolved after the informal dispute resolution described in Section 1 will be resolved by binding arbitration rather than in court, provided that you may assert Claims in small claims court located in Suffolk County, Massachusetts.
    • No Judge or Jury. Arbitration does not have a judge or jury, and judicial review of an arbitration judgment is restricted. An arbitrator, on the other hand, can award the same damages and remedies as a court (including injunctive and declaratory relief or statutory damages) on an individual basis, and must follow these Terms in the same way that a court would.
    • Arbitrator and Rules. The arbitral procedures will be regulated by the AAA Commercial Arbitration Rules, Consumer Due Process Protocol, and Supplementary Procedures for Resolution of Consumer Related Disputes, and will be conducted before a single impartial arbitrator whose judgment will be final and binding. The AAA website, www.adr.org, has these guidelines. In the event that the commercial arbitration rules and this Arbitration Agreement disagree, this agreement will take precedence, and the parties will appoint a new arbitrator.
    • Starting an Arbitration. A party seeking arbitration must first notify Qwords.com's Legal Department in writing of its desire to arbitrate ("Notice"). Any of the following methods should be used to send the Notice to Qwords.com: I sending the Notice to Qwords.com by electronic mail; or (ii) sending the Notice to Qwords.com via certified letter from the United States Postal Service.
    • The Notice must (x) state the nature and grounds of the claim or dispute, as well as (y) specify the relief requested. You or Qwords.com may initiate an arbitration process if we do not reach an agreement to resolve the dispute within thirty (30) days of receiving the Notice.
    • Format of Proceedings. The arbitration will be conducted by telephone, online, or entirely on the basis of written submissions, at the request of the party requesting relief.
    • Fees. Your arbitration expenses will be restricted to the filing fee set out in the AAA's Consumer Arbitration Rules if you commence arbitration. We shall pay any other AAA and arbitration costs and expenses unless the arbitrator believes the arbitration was frivolous or initiated for an inappropriate purpose. Qwords.com will cover any fees that are more than the filing fees in your home jurisdiction's small claims court.
    • Individual Basis; Jury Trial Waiver. To the fullest extent permitted by applicable law, you and Qwords.com agree that any proceeding to resolve a Claim will be conducted solely in the individual capacity of each party, and not as a plaintiff or class member in any purported class, consolidated, multiple plaintiff, or representative action ("Class Action"). You and Qwords.com both renounce any right to a jury trial if a Claim advances in court rather than arbitration for whatever reason. You and Qwords.com both explicitly renounce your right to file a class action lawsuit in any forum. If the Claim is subject to arbitration, the arbitrator will not be able to consolidate or aggregate similar claims, institute a class action, or award money to anyone who is not a party to the arbitration. Any allegation that this Class Action Waiver is unenforceable, unconscionable, invalid, or voidable may only be decided by a court of competent jurisdiction, not by an arbitrator. You further agree that the arbitrator may not consolidate or preside over any sort of a representative or class proceeding, and that if this specific proviso is determined to be unenforceable, the whole arbitration provision would be null and invalid. Only the individual party requesting relief may receive injunctive relief, and only to the amount necessary to give remedy warranted by that party's particular claim.
    • Enforcement. Any judgment on the award rendered by the arbitrator may be entered in any court of competent jurisdiction. The United Nations Conventions on Contracts for the International Sale of Goods will have no applicability.
    • Invalidity. If a court of competent jurisdiction finds the foregoing arbitration provisions to be invalid or inapplicable, you and Qwords.com agree to submit to the exclusive jurisdiction of the Federal and State courts located in Boston, Massachusetts, and to the exercise of personal jurisdiction of such courts for the purposes of litigating any applicable dispute or claim.
    • Opting Out. If you are an individual and do not wish to arbitrate disputes with us, you may opt out of this arbitration agreement by writing an email to legal@Qwords.com-inc.com within thirty (30) days after accessing or using the Service.
    • Confidentiality. Except as may be necessary to prepare for or conduct the arbitration hearing on the merits, or as may be necessary in connection with a court application for a preliminary remedy, a judicial challenge to an award or its enforcement, or unless otherwise required by law or judicial decision, the parties shall keep the arbitration proceeding and any award, including the hearing, confidential.
  4. Notices. You agree that any notices needed to be issued to you by the Company under this Registration Agreement will be deemed given if delivered to the address you supplied.
  5. Relationship. The Company and you are independent contractors, and nothing in this Registration Agreement establishes a principal-agent, partner, or joint venture relationship between you and the Company. Neither party has, directly or by implication, or may portray itself as having, any power to enter into contracts or agreements in the other party's name, or to compel or bind the other party in any way.
  6. Waiver. Any failure or delay by any party to exercise any right or remedy under this Agreement shall not be construed as a waiver of such right or remedy, nor shall any single or partial exercise of such right or remedy preclude any other or further exercise thereof or the exercise of any other right or remedy. Any express waiver or assent by any party to this Registration Agreement to any breach or default in any term or condition shall not constitute a waiver or assent to any subsequent breach or default in the same or any other term or condition.
  7. Severability. If any provision or portion of any provision of this Registration Agreement is found to be illegal, invalid, or unenforceable by a court of competent jurisdiction, the parties intend for the remaining provisions or portions thereof to constitute their agreement with respect to the subject matter hereof, and all such remaining provisions or portions thereof to remain in full force and effect.
  8. Assignment. Without the Company's prior written approval and/or without using the Company's domain transfer method in accordance with ICANN's regulations, you may not assign or transfer this Registration Agreement or any of your rights or responsibilities hereunder. Any attempted assignment that violates the above clause is null and invalid, and has no force or effect. Without your agreement, the Company may assign its rights and responsibilities under this Registration Agreement, and may use subcontractors or agents to fulfill its duties and exercise its rights. The parties hereto, as well as their respective successors and allowed assignee, are bound by and benefit from this Registration Agreement. To the extent not prohibited by ICANN or relevant registry regulations or by applicable legislation, you agree that the Company may transfer your domain name from one accredited registrar to another authorized registrar without your approval.
  9. Intellectual property. Except for your Content (as described above), the Company owns all content available through the Services, including designs, text, graphics, pictures, video, information, software, audio, and other files, as well as all software utilized to deliver the Services (collectively, "Company Content"). Other than as specifically authorized in this Registration Agreement, no Company Content may be changed, copied, distributed, framed, reproduced, republished, downloaded, scraped, displayed, posted, communicated, sold, or exploited for any purpose in any form or by any means, in whole or in part. You may not reverse engineer, decompile, disassemble, or otherwise seek to obtain source code or other trade secrets from any Company Content, whether directly or indirectly. Any use of the Company Content other than as expressly permitted herein is forbidden, and your rights to use the services and the Company Content granted herein will be instantly terminated. All rights of the Company or its licensors that are not expressly granted in this Registration Agreement are reserved to the Company and its licensors.
  10. Entire agreement. This Registration Agreement, as well as the attachments and documents referred to herein, including but not limited to the applicable Dispute Policy (as amended from time to time), constitute the entire and final agreement between you and the Company, and supersede and govern all prior proposals, agreements, or other communications with respect to the subject matter hereof.

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