Zoho Domains - Domain Name Registration Agreement

Definitions

Registered Domain Name shall mean the domain name registered by the Registrant under this Agreement that is entered and maintained in the Registry database.

Registry/Registry Operator shall mean the person or entity authorized by ICANN that provides the registry services to the Registrant.

Escrow shall mean the person or entity with whom the Registrant Information is deposited by the registrar.

WHOIS sshall mean the service made available by Zoho to public as required by ICANN to look up information about a Registered Domain Name.

Domain Name Registration

Zoho is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for Top Level Domain Names ("TLDs"). You understand and agree that when you submit domain names for registration through Zoho, the registration will not be effective until the Registry accepts the domain registration application and registers the domain name. Zoho does not guarantee the availability of a domain name even though its availability was indicated at the time of making application. Zoho may, at its sole discretion accept or reject Your application for registration of domains for any reason and Zoho shall not be responsible for errors, inaccuracies, omissions or any other acts of the Registry related to registration of domain names.

In case the domain name registration is for a personal name, you represent and warrant that the Registered Domain Name is your own personal name and in case the Registered Domain Name is the personal name of a fictional character, you represent that you or the entity you represent owns the trademark or service mark of such fictional character's personal name.

You acknowledge and agree that domain name registration is a service and it does not create any proprietary rights on Registered Domain Names. Domain name registrations done through Zoho are for a limited term commencing upon acknowledgement by the Registry Operator and effective either until (a) expiry of the term communicated by the Registry Operator or (b) cancellation of the Registered Domain Name by You or Zoho.

Restrictions on Use

By using the Services, you agree to not use the Services for the purposes and in the manner described below. You agree not to

• use the Services in violation of any applicable local, state, national or international laws;
• use the Services in a manner that infringes intellectual property rights or any other property rights of any third party;
• use the Services in a manner that promotes or incites hatred towards any person or selected social, ethnical, religious or other group;
• use the Services to impersonate any person or an entity;
• use the Services for (a) distributing malware; (b) abusively operating botnets; (c) phishing; (d) pharming; (e) transmitting contents that contain viruses, malicious code which might disrupt, disable, harm, erase memory of or otherwise impede operations or functions of any software, hardware, computer devices or network of any party;
• use the Services for any fraudulent, illegal or deceptive practices or for counterfeiting or otherwise engaging in activities contrary to applicable laws.

In the event that you use the Services for any of the restricted activities listed above, you understand that Zoho may suspend, deny or even cancel the Registered Domain Name.

User Sign up

You need to sign up for a user account in order to use the Service. You agree to i) provide true, accurate, current and complete information about yourself as prompted by the sign up process; ii) maintain and promptly update the information provided during sign up to keep it true, accurate, current and complete. If you provide any information that is untrue, inaccurate, outdated or incomplete or if Zoho has reasonable grounds to suspect that information provided is untrue, inaccurate, outdated or incomplete, Zoho may suspend or even terminate your user account and refuse current or future use of the Service.

Registrant Information

In order to register a domain name you must provide the following information:

• Domain name to be registered.
• Name, postal address, email address and telephone number of the Registrant.
• Name, postal address, email address, telephone number and fax number, if available of the administrative contact of the domain name.
• Name, postal address, email address, telephone number and fax number, if available of the technical contact of the domain name
• Name, postal address, email address, telephone number and fax number, if available of the billing contact of the domain name.

Information provided by you for registration of domain name, including but not limited to the above information shall constitute "Registrant Information".

Accuracy of Registrant Information

You acknowledge that it is your responsibility to keep the Registrant Information and any other information provided by you for registration of domain name current and accurate. You agree to notify Zoho of any change or modification in the Registrant Information or any other information provided to Zoho within five (5) days of such change or modification. Failure to notify Zoho of any such change or modification shall be considered as a material breach of this Agreement and may result in suspension or even cancellation of the domain name.

Disclosure of Registrant Information

You acknowledge that the Registrant Information will be shared by Zoho with ICANN, Escrows authorized by ICANN , Registry Operators, law enforcement authorities in connection with any legal process and with other third parties as required by ICANN or any applicable law. As required by ICANN, the Registrant Information must be made publicly available by means of WHOIS and you acknowledge that the Registry Operator may also be required to make the Registrant Information publicly available by means of WHOIS. You agree that ICANN may make modifications to the policies and guidelines with respect to the type and amount of Registrant Information that Zoho must make available to the public or the private entities.

Personal Information and Privacy

You understand and agree that personal information provided by you to Zoho will be governed by Zoho Privacy Policy. Zoho will at all times adhere to the privacy commitments in the Zoho Privacy Policy. Zoho will retain your personal information in accordance with the ICANN's Data Retention Specification. Zoho may also make use of your personal information that is publicly available to the extent permitted by applicable laws.

Fees and Payments

You agree to pay the applicable fees for the Service(s) ("Fees") prior to or at the time of registration of domain names. You agree and acknowledge that Zoho will not refund the Fees in the event of suspension, cancellation or transfer of a registered domain name during the registration period. In the event that a suspension, cancellation or transfer is processed within five (05) days from the date of registration of domain name, Zoho may, at its sole discretion, refund the Fees, subject to refund related terms and conditions of applicable registries. You acknowledge that you are solely responsible for payment of all applicable taxes. In case you are exempted from taxes, you agree to provide us a valid tax exemption certificate awarded by appropriate tax authorities. Zoho reserves the right to modify the fees for registration, renewals etc., and such changes shall become effective immediately without any need for further notice to you.

Renewal of Registered Domain Names

You understand and acknowledge that automatic renewal is the default renewal mode of Registered Domain Names. Registered Domain Names will automatically be renewed for a period equivalent to the period for which the Registered Domain Names were originally registered. Fees for renewal of Registered Domain Names shall be deducted from the payment method opted at the time of domain name registration. In case you elect to renew Registered Domain Names manually, you shall opt-out from automatic renewal.

If you choose to renew the Registered Domain Name manually, you understand and agree that you are solely responsible for the renewal of your Registered Domain Name prior to the expiry of your domain name registration. You may renew the Registered Domain Name at any time before its expiry. You acknowledge that Zoho is not responsible for errors, inaccuracies, omissions or any other acts of the Registry in connection with renewal of Registered Domain Name. If you do not renew before the expiry, the Registered Domain Name might be placed on hold and flagged for deletion. However, you may be provided with a grace time of thirty (30) days to renew the Registered Domain Name ("Grace Period") and you understand that additional fees may be applicable for renewal of Registered Domain Names that are expired. If the Registered Domain Name is not renewed even after expiry of the Grace Period, you understand that Zoho may delete the Registered Domain Name. Certain Registries generally provide an additional grace period of thirty (30) days during which you can redeem your Registered Domain Name ("Redemption Grace Period") and you acknowledge that additional fee will be applicable for redemption of such Registered Domain Names during the Redemption Grace Period. You understand that the Redemption Grace Period may vary for different Tlds and in the event there is conflict between this section and Tld specific terms with respect to Redemption Grace Period, the Tlds specific terms shall prevail. If you fail to redeem your Registered Domain Name in the Redemption Grace Period, the Registered Domain Name will again be released by the registry to public for new registration.

Domain Privacy

If you enable the domain privacy feature, you agree that your Registration Information in any public WHOIS search will be marked as 'Redacted for Privacy' ("Domain Privacy"). However, you understand and agree that you shall provide only true and accurate Registration Information to Zoho. Zoho may, but is not obligated to review and forward communications that Zoho may receive with respect to your Registered Domain Name. If any communication received by Zoho with respect to your Registered Domain Name appears to be a junk mail, spam mail or any other unsolicited communication, you understand that such communication received by Zoho will not be forwarded to you and you further understand that Zoho will return such communication to the sender.

You understand that Domain Privacy will be disabled automatically when your Registered Domain Name is transferred to another Registrar. Your Registration Information will also be revealed:

• To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
• To comply with ICANN’s Uniform Domain Name Dispute Resolution Policy;
• In case of third party claims whether threatened or made, arising as a result of your use of the Domain Privacy, including without limitation, claims that the Registered Domain Name violates or infringes a third party’s trademark, trade name, or other legal rights;
• In the event you breach any provision of this Agreement or any other agreement you’ve entered into with Zoho;
• To comply with the rules, procedures, or practices of the registry that governs the domain name extension using Domain Privacy and to protect the integrity and stability of the applicable domain name registry;
• To avoid any financial loss or legal liability (civil or criminal) on the part of Zoho, its subsidiaries, affiliates, agents, officers, directors, or employees;
• To prevent inappropriate activity that comes to Zoho’s attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) 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) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.

Transfer of Registered Domain Names

You may transfer the Registered Domain Name from Zoho to another registrar subject to the transfer mechanism prescribed by Zoho ("Transfer of Registered Domain Name ") and such transfers shall be governed by ICANN's Inter-Registrar Transfer Policy and the Uniform Domain Name Dispute Resolution Policy (" Transfer Policies").

You agree that you may not transfer the Registered Domain Name:

• within 60 days from initial registration of domain name.
• within 60 days from Transfer of Registered Domain Name.
• if the Registered Domain Name has expired.

Domain Tasting

You hereby agree that you shall not engage in Domain Tasting using the five (05) day grace period available for new domain registrations. In the event Zoho determines that you have engaged in Domain Tasting, Zoho may, in its sole discretion, (i) deny your domain cancellation request; (ii) refuse to refund the fees paid by you for such domain name registration; and/or (iii) charge a fee for processing domain cancellation. However, Zoho will not charge you with any fee if Zoho cancels your domain name in the five (05) day grace period for any fraudulent or other activities that are beyond your reasonable control. "Domain Tasting" refers to the process of registering domain names and subsequently canceling the registered domain names for reasons including, but not limited to, lack of profitability, marketability and popularity.

Domain Name Dispute Resolution

You agree to be bound by the Uniform Domain Name Dispute Resolution Policy ("UDNDR") developed by ICANN and applicable Dispute Resolution Policies of Registry, if any ("Other Dispute Resolution Policies") incorporated herein with respect to domain disputes. You understand and agree that UDNDR and Other Dispute Resolution Policies may be modified at any time by ICANN and the Registry respectively. Your continued use of the Registered Domain Name after such modification shall constitute your acceptance of the modified policies. In case there is a domain dispute, the UDNDR and Other Dispute Resolution Policies in effect at the time of domain dispute shall be applicable. In the event there is domain dispute with a third party, you acknowledge and agree that you will indemnify Zoho pursuant to the terms and conditions contained in the UDNDR and Other Dispute Resolution Policies.

Suspension or Cancellation of Registered Domain Name

You understand and agree that Zoho or Registry Operator may, in its sole discretion deny, suspend, transfer or cancel the Registered Domain Name,

• if you are in breach of any terms of this Agreement, operational requirements of Zoho or Registry Operator, or Registry Operator's agreement with ICANN
• to correct the mistake of the Registry Operator or any other registrar with respect to the Registered Domain Name;
• to comply with specifications adopted by industry groups generally recognized as authoritative by the internet (eg: RFCs);
• for non-payment of Fees for the Services;
• if you fail to provide accurate and current information;
• if such denial, suspension or cancellation is required by ICANN or the Registry Operator;
• to protect the integrity and stability of Zoho or the Registry Operator; or
• to comply with applicable laws or any legal order or subpoena of any government or administrative or governmental authority or court of competent jurisdiction.

Term and Termination

The term of this Agreement commences on the date on which you start using the Service and continues until you have a Registered Domain Name with Zoho. Zoho may terminate this Agreement at any time (i) for breach of terms of this Agreement by you; (ii) if your use of the Service is in violation of any applicable laws; or (iii) if you use the Service for any unlawful or illegal activity.

Indemnification

You acknowledge that you will indemnify, defend and hold harmless Zoho, ICANN and the Registry and their directors, officers, employees and agents from and against all claims, damages, liabilities, costs and expenses (including reasonable attorney fees and legal expenses) arising out of i) your registration of the domain name; ii) your use of the Service; iii) your violation of any of the terms and conditions of this Agreement; iv) your infringement of any third party rights including intellectual property rights.

Limitation of Liability

ZOHO SHALL IN NO EVENT BE LIABLE TO YOU OR ANY OTHER THIRD PARTY FOR ANY , INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, BUSINESS INTERRUPTION, LOSS OF DATA ARISING OUT OF USE OF THE SERVICE OR INABILITY TO USE THE SERVICE, EVEN IF ZOHO HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.

ZOHO'S ENTIRE LIABILITY UNDER THIS AGREEMENT SHALL NOT EXCEED THE FEES PAID BY YOU FOR REGISTRATION OF DOMAIN NAME FOR THE THEN CURRENT PERIOD.

Disclaimer of warranty

ZOHO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION TO THE FOREGOING, ZOHO MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN NAME REGISTERED TO YOU.

Relationship of Parties

You agree that you and Zoho are independent contractors. This Agreement does not create a partnership, franchise, joint venture, agency, fiduciary or employment relationship between you and Zoho.

Entire Agreement

This Agreement along with all the policies and agreements of ICANN and the Registry incorporated herein shall constitute the entire agreement and supersedes any and all prior agreements, written or oral, of the parties with respect to the subject matter hereof.

Governing Law

This Agreement shall be governed by and construed strictly in accordance with the laws the India (excluding the rules governing conflict of laws). Any dispute arising out of or resulting from this Agreement shall be subject to the exclusive jurisdiction of courts in Northern California to the exclusion of all other courts.

Waiver

No failure or delay by any party to exercise any right or remedy hereunder shall be considered as a waiver unless agreed to in writing by both the parties to this Agreement.

Assignment

You may not assign the rights and obligations under this Agreement to any third party without the written consent of Zoho and Transfer Policies. Any assignment in derogation of the above provision shall be void.

Modifications to the Agreement

Zoho may, in its own discretion or as required by ICANN or the Registries, modify this Agreement upon notice to you at any time through a service announcement or by sending email to your primary email address. If Zoho makes significant changes to the Agreement that affect your rights, you will be provided with at least 30 days advance notice of the changes by email to your primary email address. You may terminate your use of the Services by providing Zoho notice by email within 30 days of being notified of the availability of the modified Agreement if the Agreement is modified in a manner that substantially affects your rights in connection with use of the Services. In the event of such termination, you will be entitled to prorated refund of the unused portion of any prepaid fees. Your continued use of the Service after the effective date of any change to the Agreement will be deemed to be your agreement to the modified Agreement.