Domain Name Registrant Agreement
1. Overview
The Domain Name Api Terms of Use Agreement (this “Agreement”) is entered into by and between Domain Name Api , a MAGOSA/K.K.T.C. corporation of K.K.T.C. ("Domain Name Api ") and you, and is made effective as of the date electronic acceptance (electronically or in writing). This Agreement sets forth the terms and conditions of your use of Domain Name Api’s Domain Name Registration services ("Domain Name Registration”, “Registered Name”, “domain registration” or the “Services”).
The terms "we", "us" or "our" shall refer to Domain Name Api. The terms "you", "your", "user" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your acceptance (electronically, in writing, or by submitting a domain registration) of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and DOMAİN NAME APİ Terms of Service Agreement (HTOS), which is incorporated herein by this reference, as well as the following policies that are expressly incorporated by reference herein:
2. This Agreement
Representation. You represent, warrant, and guarantee that:
· you have the full power and authority to execute, deliver, and perform under this Agreement;
· you are at least eighteen (18) years of age;
· this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;
· you are not a person or entity barred from purchasing or receiving the Services found under the laws of Canada, the European Union, the United States or other applicable jurisdictions;
· if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall additionally refer to such organization or corporate entity; and · if you are entering into this Agreement on behalf of an organization or corporation that the entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed.
Continued Use. By using the Website or the API or the Modules or the Services, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreements or policies (collectively “Policies”) referenced herein or that may be published by Domain Name Api from time to time. The operative and effective version of this Agreement and Policies is found at http://www.domainnameapi.com/legal/.
Amendments. Domain Name Api may, in its sole and absolute discretion, change or modify this Agreement and the Policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to http://www.domainnameapi.com/legal/. And your use of this Website or the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement and the Policies as last revised. If you object to any amendment, your sole remedy is to stop using the Website and Services, and terminate this Agreement in accordance with the termination provisions herein It is your sole responsibility to keep a copy of the current Agreement and Policies and to frequently visit the web page found at http://www.domainnameapi.com/legal/ to review the most current versions thereof. Domain Name Api shall not be obligated to send you any notice of amendments to this Agreement or the Policies, however it is your responsibility to ensure your Domain Name Api account (“Account”) information is always current. If Domain Name Api sends out email notices, Domain Name Api assumes no liability or responsibility for your failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.
3. Your Domain Name Registrant Obligations and Responsibilities
You acknowledge, understand and agree to the following obligations and responsibilities as a customer of Domain Name Api’s Domain Name Registration services:
Accuracy of Domain Registration Information. You agree that for each domain registration submitted by you, the following contact information shall be accurately and truthfully provided: full name, postal address, email address, telephone number, and if available, facsimile number of the registrant contact of the domain name (Registered Name Holder) and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. Failure to provide truthful and accurate information shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name.
Changes to Domain Registration Information. You agree that for each domain registration, you will notify DOMAİN NAME APİ within five (5) calendar days of any changes to the full name, postal address, email address, telephone number, and if available, facsimile number of the Registered Name Holder and if different from the Registered Name Holder, changes to the same contact information for the technical contact, the administrative contact and the billing contact. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to maintain truthful and accurate information on a continual basis, shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name. Inquiries made by DOMAİN NAME APİ to determine the validity of information provided by you must be responded to within five (5) calendar days. Failure to respond to such inquiries shall be considered a material breach of this Agreement and will also be a basis for suspension and/or cancellation of the domain name.
Collection and Use of Domain Registration Information. You agree to be bound by the provisions of Section 6, Collection, Use and Privacy of Information.
Reporting Change of Status. You will report any material changes to the validity of your authorization, charter, license, residency, title, status and/or other related credentials that will effect the your legitimacy or qualification to be the Registrant Owner of the Registered Name.
Restrictions and Right to Refuse Service. You agree to be held liable for all damages and actions from DOMAİN NAME APİ resulting from your inappropriate or illegal use of any Registered Name (Restricted Activity) including the suspension, deletion, or cancellation of a Registered Name as well as covering all damages resulting from the use of a Registered Name that:
· transmits unsolicited email (Spam);
· transmits repetitive, high volume inquires into any of the Services provided by DOMAİN NAME APİ (i.e. domain name availability, etc.);
· distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law
· links or redirects to illegal content that:
o is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
o is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party;
o misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;
o infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
o violates any applicable local, state, national or international law or regulation;
o promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
o advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;
Violation of Restrictions. You understand and agree that violation of the Restricted Activities constitutes a material breach of this Agreement. You agree that Domain Name Api, in its sole discretion and without liability to you, may refuse to accept domain registrations, delete domain registrations during the first thirty (30) days of registration, or cancel a domain registration at anytime after the first thirty (30) days of registration if you violate the Restricted Activity provisions at anytime.
Indemnity. You agree to defend, indemnify, save and hold Domain Name Api harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligations and responsibilities stated in this Agreement.
Proprietary Rights in Name. You acknowledge and agree that the registration or renewal of a particular domain name through the Services or the subsequent use of the Registered Name does not confer upon you any proprietary rights in the Registered Name, nor does it guarantee immunity from and against any challenge to the registration of the Registered Name by any third party, nor from the cancellation, suspension or transfer of the Registered Name.
4. Domain Name Registration, Renewal, and Expiration
Mediator. You understand and agree that in the procurement, registration, and administration of domain names, Domain Name Api acts only as a mediator between you and the other parties involved in the registration process, including registrars and the institutions authorized to administer the central databases for the particular domain names. In this regard, you understand and agree that submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. Therefore, you release Domain Name Api of any liability for any domain name that fails to be registered or become unregistered, suspended, or transferred away for any reason.
Sponsoring Registrar. The sponsoring registrar for Domain Name Api is Atak Domain Ltd Co. – www.atakteknoloji.com And used herein, the terms “Registrar” shall refer to Atak Domain Ltd Co.
Country Code Top Level Domain Names (“ccTLDs). In the case of ccTLDs, you acknowledge and agree that the Services in connection with these registrations can be permanently interrupted and/or modified without prior notice, understanding that you bear the sole and all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more ccTLDs. Your also understand and agree that the mode of operation of ccTLDs are not concurrent with that of conventional domain names, therefore, you understand and agree that due to the differences in technical implementations of ccTLDs some or all necessary ccTLDs do not function as intended or at all.
International Corporation of Assigned Names and Numbers (“ICANN”). Domain Name Api represents the Registrar, an ICANN accredited registrar, and as such you acknowledge, understand and agree that Domain Name Api is bound by its agreement with its Registrar and thus also with ICANN. You acknowledge, understand and agree that DOMAİN NAME APİ may modify this Agreement in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) an ICANN approved registry applicable to the generic top-level-domain ("gTLD") in question. If you register a domain name under ICANN’s jurisdiction, you agree to the following:
1. To comply with the ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN.
2. To comply with any operational standards, policies, procedures, and practices for the each Registry, which can change from time to time by the applicable Registry Operators in a non-arbitrary manner.
3. To read the Registrants' Benefits and Responsibilities at http://www.icann.org/en/resources/registrars/registrant-rights/benefits
4. To read the Registrant Educational Information at http://www.icann.org/en/resources/registrars/registrant-rights/educational
5. Material change of Registrant regarding gTLDs:
a. The Transfer of domains names that are governed by ICANN's Transfer Policy (http://www.icann.org/transfers/).
b. Confirmation. A material change of Registrant is when the current (Old) registrant name, organization, email address or administrative email address (when there is no Registrant email address) of a domain name is changed and the Registrant as the Old or New Registrant confirms the permanent material change ("Change") by:
i. Explicitly accepting the change through the API or Control Panel or only in the case of the Old registrant through their registrant email; or
ii. Authorizing a person, company or entity to accept the change on Old and New Registrant's behalf as the Old and New Registrant's Designated Agent (DA) through the API or Control Panel.
c. DOMAİN NAME APİ as Designated Agent for New Registrant. Direct registrant name holders with DOMAİN NAME APİ acknowledge and authorize Domain Name Api to be their Designated Agent for all New Registrant material change confirmations.
d. Procedure. Both, Old Registrant and New Registrant or one of their respective Designated Agents understand, acknowledge and agree that:
i. Domain Name Api is solely responsible for the electronic processing of the change of registrant.
ii. Old Registrant and New Registrant are solely responsible for the legal validity of the transfer of the domain name.
iii. confirmation to material changes of the Registrant have to be made as set forth by the ICANN Transfer Policy
iv. any failure in the confirmation process (such as failure by the Old Registrant to confirm the change within 14 days) may stop the transfer process and will lead to an expiration of both the change of registrant request and/or security code.
v. the Old Registrant might receive an email in order to confirm any change. The Old Registrant is obliged to contact Domain Name Api as soon as possible, latest fourteen (14) days of receipt of the email if the Old Registrant wants this change to be executed
vi. Domain Name Api assumes no liability for any inquiries in regards to the Change and the Old Registrant or the respective Designated Agent will indemnify and hold Domain Name Api harmless if any such inquiries occur. In particular shall Domain Name Api have no liability related to the validity of the New Registrants entitlement to the domain name
vii. the domain might be locked to prevent transfer to a different registrar for 60 day according to the ICANN Transfer Policy.
e. Representation Material Change. The person who accepts this agreement on behalf of the Old Registrant and New Registrant represents and warrants to be duly authorized and hence to have the legal power to enter in to this Agreement.
f. Transfer lock.The Old Registrant acknowledges and agrees that if the Old Registrant did not opt out of the 60-day lock and its final goal is to transfer the domain name to a different registrar, the Registrant is advised to request the inter-registrar transfer before the the Change of Registrant is initiated in order to avoid the transfer lock.
Domain Registrars, Intermediaries, Registries and ICANN Terms and Conditions.
Domain Policies. For domain names you attempt to register, you consent to Domain Name Api submitting Domain Registration Orders to authorized registrars either directly or through an intermediary. You also understand that domain names are administered by a multitude of different organizations internationally and that each of these organizations has different terms and conditions for the registration and administration of domain names as well as for domain name dispute procedures. In this respect, for the domain names you register through Domain Name Api, you acknowledge, understand and agree to the terms and conditions of each registrar, intermediary, registry and/or organization, which are expressly, incorporated by reference herein as the ccTLD Domain Name Registry Policies and the gTLD Domain Name Registry Policies (together known as the “Domain Policies”).
Current Domain Policies. You understand and agree that it is solely your own responsibility to keep informed and up-to-date on the current respective Domain Policies connected to the domain names you have registered at Domain Name Api. You also understand and agree that a violation of the current Domain Policies due to your failure to keep up-to-date is a material breach of this Agreement.
Indemnity. For domain names you register through Domain Name Api, you will indemnify and hold harmless each registrar, intermediary, organization, registry operator and registry including their 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 the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.
Domain Name Registration. A domain name registration is not effective until the following provisions are met:
(1) All the terms and conditions for Payment of Fees in this Agreement.
(2) That Domain Name Api submits and delivers to the applicable registry operator the domain name registration or application information (Domain Registration Order) and such registry puts the registration into effect (Registered Name). Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered. And DOMAİN NAME APİ is not responsible for any domain name that fails to be successfully registered as a Registered Name.
Domain Name Renewal. Your continued use of a Registered Name is subject to your timely payment of renewal fees before the expiration date of a domain name, as well as, your continued compliance with this Agreement and any rules or policies referenced herein. You understand and agree that DOMAİN NAME APİ is not responsible for cancelled domain names that you fail to properly renew under the following conditions:
Renewal Payment of Fee Conditions: All the terms and conditions for Payment of Fees in this Agreement are met.
Reserved Account Funds for Upcoming Renewals. If Domain Name Api does not receive the applicable renewal fees for a Registered Name (as cleared funds) thirty (30) days prior to the expiration date of a domain name, Domain Name Api reserves the right to cancel the registration of the Registered Name and remove it from the Registry's root zone file immediately following the domain name’s expiration date.
Automated Renewal. Contingent on the full domain renewal fee being paid by you and received by Domain Name Api (as cleared funds) at least thirty (30) days prior to the expiration date of a domain name, Registered Names by default are set to be automatically renewed. To modify the default automatic renewal setting of a Registered Name, you must provide written notice of non-renewal to DOMAİN NAME APİ at least 3 months prior to the expiration date of the respective Registered Name.
Manual Renewal. If you do not select a Registered Name to be automatically renewed, it is your sole responsibility to manually renew the expiring domain name before its expiration date (should you in fact want the domain name to be renewed). You acknowledge, understand and agree that if you choose to manually renewal a Registered Name and you fail to complete the manually renewal process before a domain name’s expiration date, this will result in cancelation of the domain name and removal of the domain name from its Registry's root zone file immediately following the domain name’s expiration date.
Domain Renewal and Restore Pricing for Non-Premium Domain Names. The default price for renewing a gTLD is 178.50 (net 150.00) USD. The default price for restoring a gTLD is 654.50 (net 550.00) USD, which may be lower depending on the gTLD. The default price for renewing or restoring a ccTLD is determine by the prices available on your Domain Name Api’s account, which you must log in to review. Prices for renewing or restoring a Registered Name are at the sole and absolute discretion of Domain Name Api and can change without notice to you. The price that you will be charged for a renewal or a restore can always be reviewed by logging into your account at Domain Name Api.
Renewal and Expiration Notices for gTLDs. Domain renewal notifications are sent to the registered owner of the Registered Name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name's whois contact information) over three separate notices. The first email is sent out approximately one month prior to a domain's expiration date. A second email is sent out approximately one week prior to a domain's expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the Registrant on the fifth day post expiration.
Registry Renewal Policies. You agree to follow and be bound to the respective Registry renewal policy for the domain name you are renewing as provided for by the Doman Policies.
Expiration of Domain Name. The renewal of any Registered Name is solely and completely your responsibility alone. Registered Names that expire will be removed from the respective Registry's root zone file and will no longer resolve. You acknowledge, understand, and agree to release and hold Domain Name Api completely harmless against any claim for damage or loss arising from your failure to renew a Registered Name.
Renew Grace Period After Expiration. Domain Name Api as it’s sole discretion, for some Registered Names, may allow a period of time after the expiration date of the domain name in which you may still renew the Registered Name (Renew Grace Period). Some domain names have no Renew Grace Period and for others the length of time for the Renew Grace Period varies. Failure to renew during the Renew Grace Period will result in the expired domain name being placed on hold and flagged for deletion.
Redemption Period After Expiration. Domain Name Api as it’s sole discretion, for some Registered Names, may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30-days, but can vary and is subject to change at anytime without notice. Domain Name Api will only restore a Registered Name during this period upon receiving a written notice (either by email or fax) from you along with payment of the applicable restore fees.
Deletion of Domain Name. Domain names are deleted immediately after a Registered Name’s expiration date, however, for those domain name with a Renew Grace Period and/or a Redemption Period enabled by Domain Name Api, the Registered Name will delete after the end of the respective period. Deleted domain names will be released by the respective registry and will then become available for registration on a first-come-first-served basis.
Registry Renewal Grace Periods and Redemption Grace Periods. These periods can vary for different ccTLDs and gTLDs. You agree to follow and be bound to the respective Registry policy for the domain name you are renew or redeem as provided for by the Doman Policies.
5. Domain Name Dispute Resolutions
Domain Name Dispute Policies. You acknowledge, understand, and agree to respond and settle any disputes for any Registered Names in your account according to the resolution policies of the respective ccTLD registry or ICANN. In the case of ICANN, you agree to be bounded by ICANN's Uniform Rapid Suspension System (“URS”) and Uniform Domain Name Dispute Resolution Policy ("UDRP"). These dispute polices are amended from time to time therefore the domain policies, URS, and UDRP are hereby incorporated into this Agreement by reference.
Lock, Cancel or Transfer of Domain Name. You acknowledge, understand, and agree that Domain Name Api may be required to lock, cancel or transfer a domain to a third party in accordance to the Domain Name Dispute Policies. In the case of an UDRP action against you, unless you respond and provide evidence within ten days of an Administrative Panel’s decision, where you commence a counter lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name, the domain name in question may be locked, cancelled, or transferred to a third party.
For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where Registrar is located.
You agree that if a dispute arises as a result of one (1) or more domain names you are the Registered Name Holder with Domain Name Api, you will indemnify, defend and hold Domain Name Api harmless as provided for in this Agreement. You also agree that if Domain Name Api receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you using Domain Name Api, that Domain Name Api, in its sole discretion, may take whatever action Domain Name Api deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. And in this event, you agree to hold Domain Name Api harmless for any such actions.
6. Collection, Use, and Privacy of Information
Registry Operator Rights to Contact Information. You acknowledge, understand and agree that domain name registrations requires your customers to provide correct and accurate contact information, in whole or in part, and this contact information is to be shared with the registry operator, for their use, copying, distribution, publication, modification and any alternate use provided for in their respective Registry policies. You agree to disclose the Registry Operator’s rights and obtain consent from your customers to provide to you correct and accurate contact information and consent that such information will be shared with the registry operator for whatever use the registry operator deems appropriate.
ICANN Whois Requirements. As required by ICANN, the contact information must be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois and you agree to disclose and obtain consent by your customer for the following: If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy:
Whois Directory. Your customer to agree that for each domain name registered by the customer the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
(1) The domain name
(2) Your name and postal address
(3) The name, email address, postal address, voice and fax numbers for technical and administrative contacts
(4) The Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers)
(5) The original date of registration and expiration date, and
(6) The identity of the registrar.
Whois Escrow. Your customer to agree that the Registrar and/or the Registry Operator of a domain name may be required to archive the contact information with a reputable third-party escrow service.
Use of Whois: Your customer to agree that Domain Name Api may use of the public information you provide during the registration of a domain name to the extent permitted by ICANN
Whois Requirement for Resellers. If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy.
gTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual gTLD registry operators provided under the gTLD Domain Name Registry Policies.
ccTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual ccTLDs registry operators for domain names that provided under the ccTLD Domain Name Registry Policies.
Consent. You hereby consent and give permission for all such requirements and disclosures.in this Section of this Agreement. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure. And you understand that the Registrar will not process data in a way that is incompatible with this Agreement and the Registrar will take reasonable precautions to protect data from loss or misuse.
7. Payment of Fees
Domain Name Api Universal Terms of Service – Pricing and Payment. You understand and agree to pay all prices and fees (Payment) due for Services in accordance with the Domain Name Api Universal Terms of Service.
Security of Payment. You also understand and agree that if your Payment for the Services cannot be secured by Domain Name Api by either having sufficient and confirmed funds in your Domain Name Api Account or in your Reserved Funds balance (monies withdrawn and held from your account balance in preparation of payment of some types of Services), Domain Name Api is under no obligation or requirement to process your domain registration or domain renewal transaction. You also agree and confirm to indemnify, save and hold Domain Name Api harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting your failure to secure payment with Domain Name Api.
Chargebacks and Reversal of Confirmed Account Funds. You agree that registration, renewal and use of any of the Services, including domain names, is contingent the original Payment being legitimate and permanent. You agree that any payment reversal due to credit card chargebacks or through a reversal of account funds means that the original Payment was illegitimate and you therefore have no claim or right to the Services or use of the Services associated with the illegitimate Payment and that Domain Name Api has the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion.
8. Breach of Agreement and Suspension of Services
Rights to Deny, Cancel, Transfer, Lock, Alter, Suspend. You acknowledge and agree to disclose and obtain consent from your customers that Domain Name Api, Registrar and any respective Registry reserves the right to deny, cancel, transfer, or alter any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion for the following:
a. To correct mistakes made by registry or any registrar in connection with a domain name registration
b. To facilitate the transfer of domain from one registrar to another;
c. The non-payment or reversal of fees (Payment)
d. To protect the integrity and stability of a registry
e. To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process
f. To comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement;
g. To avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees
h. An occurrence of any of the prohibited activities described in Section 3.5
i. For the resolution of a dispute.
Breach of Agreement. Your right to resell the Services is subject to cancellation or suspension for unresolved breaches of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later.
Complete Compliance. You acknowledge, understand and agree that your failure to comply completely with this Agreement is a material breach and Domain Name Api may provide you with notice of such breaches either in writing or electronically (i.e. email) for which you will have ten (10) calendar days to rectify the breach. Failure to rectify a breach may result in termination of this Agreement which may include, but is not limited to, cancelling the registration of any or all of your domain names and discontinuing any other Services provided to you by Domain Name Api. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
* Depozitolar geri iade edilmemektedir. Depozitonuzu domain alım, yenileme ve transfer işlemleri için kullanabilirsiniz.
*Deposits are not returned. You can use the deposit only for domain registration, renew and transfer.
*Депозиты не возвращаются. Вы можете использовать депозит только для регистрации домена, продлить и трансфер.
Privacy Policy
Domain Name Api (“AtakOnline Domain Ltd Co”) respects the privacy of its customers and visitors and is committed to protecting the personal information of its customers and visitors. By visiting any of the Domain Name Api sites you are accepting the practices described in this Privacy Notice. We collect no personally identifiable information about you when you visit our site unless you choose to provide that information to us or as specifically outlined in this Policy.
This Policy describes our general principles for the collection and use of information from customers and visitors to our Web sites. We want to ensure that you understand how we will and will not use the information you entrust to us. In order to fully understand your rights we encourage you to read this Policy.
For visitors, we've structured our Web sites so that, in general, you can visit us on Web without identifying yourself or revealing any personal information.
For prospective and existing customers and partners, once you choose to provide us personally identifiable information (any information by which you can be identified), you can be assured that it will only be used to support your relationship with Domain Name Api.
What type of information does DOMAİN NAME APİ collect?
When you visit our Web site, our Web server collects basic user information about you that includes your ISP's domain, the time you accessed our Web site, and the pages from within our Web site that you visit and is not personally identifiable information except as needed to prevent fraud or abuse of the system.
When you sign up for Domain Name Api 's offered services, you provide us with only your contact information. Contact information typically includes your name, address, and phone number. Payment information is never stored.
While you are a Domain Name Api customer, we manage information with regard to your account status, choice of services, and customer logs. In addition, we may store customers' electronic mail and other communications as a necessary incident to the transmission and delivery of those communications.
How do we use this information?
Domain Name Api does not trade, rent or sell your personal information to any other organization or third party.
We use the contact information you provide us to establish our service for you. We use payment information for payment processing purposes only. We create and maintain other information such as customer account status, choice of services, and customer logs in the normal course of providing service. By pressing the “submit” button, each visitor constitutes consent to use the information for purposes stated in this Policy.
Domain Name Api may share customer information with selected partners/third parties, for example, to provide you with information about products which might be of interest to you or to enable you to take advantage of special partner programs. Domain Name Api may also use customer information to provide customers with system information or information about new or upgraded products if you have chosen to receive such offers. Customers may opt out of receiving information about partner/third party promotional emails from Domain Name Api by sending a request to
[email protected].
Our trusted affiliates are responsible for processing or handling some of the information we receive, such as order fulfillment for domain name registration. Those affiliates are not authorized to use such information for purposes beyond those specified by us and are required to preserve the confidentiality with which we treat such information.
We may disclose contact information with your permission when gathering and posting testimonials.
We will not otherwise disclose customer personal and account information unless we have reason to believe that disclosing such information is necessary to identify, make contact with, or bring legal action against someone who may be causing harm or interfering with the rights or property of Domain Name Api, our customers, or others. We may provide information to regulatory authorities and law enforcement officials in accordance with applicable laws or where Domain Name Api has a good faith belief that the law requires such disclosure.
Domain Name Api also will not disclose to third parties the contents of any electronic mail or other electronic communications that Domain Name Api stores or transmits for its customers except where: (a) it is a matter or public safety or policy; (b) it is in connection with the transfer of other business assets; (c) i t is required to cooperate with orders, warrants, or other legal process that Domain Name Api determines in its sole discretion to be valid and enforceable; and (d) i t is necessary to provide to a law enforcement agency when the contents are inadvertently obtained by Domain Name Api and appear to pertain to the commission of a crime.
Domain Name Api disclaims any intention to censor, edit, or engage in ongoing review or surveillance of communications stored on or transmitted through its facilities by customers or others. Domain Name Api will, however, review, delete, or block access to communications that may harm Domain Name Api, its customers or third parties. The grounds on which Domain Name Api may take such action include, but are not limited to, actual or potential violations of the Agreements.
Please note that Domain Name Api may use this information collected to direct notices as well as provide you with other general information that may be of interest to you and information about our services or product offerings or the offerings of our business affiliates, as well as other important information regarding your account or services at our discretion.
Third Party Advertising and Cookies
The basic user information collected is used to help us analyze Web traffic, improve the content of our Web site and improve your experience on our Web site.
We do not trade, rent or sell your personal information to others, except as detailed in this Policy. We currently contract with several online partners who use the data only on our behalf to help manage and optimize our Internet business and communications. We use the services of a marketing company to help us measure the effectiveness of our advertising and how visitors use our site. To do this, we use Action Tags and cookies provided by our marketing company on this site. The information collected by the marketing company through the use of Action Tags and cookies is not personally identifiable. The information we collect helps us learn things like what kinds of customers our site attracts, which of our products most interest our customers, and what kinds of offers our customers like to see. Although our marketing company logs the information coming from our site on our behalf, we control how that data may and may not be used.
We may at times also use cookies, which are small pieces of information that a Web site can store in a designated file on your computer. Cookies allow a Web application to respond to you as an individual. By gathering and remembering information about your preferences, the Web application can tailor its operation to your needs, likes, and dislikes. Most web browsers allow you to control this use of cookies. Please take a look at your particular browser for instructions on this function. If you elect to disable cookies, please keep in mind that you will not be able to take full advantage of a personalized experience on our Web site. It is possible that some portions of the site will not function properly or may perform more slowly if you choose to reject cookies.
How Can I access my personal information?
You can access your personal information, such as your address and contact information, at anytime to correct or change any of the data shared with us when you became a customer of Domain Name Api. As a customer of Domain Name Api you can access your personal information by clicking on the “Customer Login” link at the top of any Web page. Your account information is secure and is accessible by using a password that you select. If you need assistance or have questions about correcting information you can contact us via email atsupport@DomainName Api.com
Security
DOMAİN NAME APİ has security measures in place to help prevent the loss, misuse and alteration of the information under our control. When you place an order online, your information, including your credit card number, is protected using Secure Socket Layer (SSL) encryption technology. This encrypts order data and is designed to aid in ensuring the accuracy and security of that customer information.
Links
Our Web site provides links to other Web sites, sites that may be maintained by companies that are not affiliates of ours. We are not responsible for the privacy practices or the content of such Web sites and we encourage you to use caution. In particular, we recommend that you view the privacy policy posted on each site to confirm the sites policies are acceptable to you. This Policy applies solely to information collected by this Web site.
Children's Privacy
Domain Name Api does not sell products or services for purchase by children. Customers must be at least 18 years of age. Any individual under the age of 18 (“Minor”) must have a parent or guardian accept the Agreements in order for the Minor to become a Customer. If you are under 18, we strongly encourage you to use our Web site only with the involvement of a parent or guardian.
Changes to our Policy
Domain Name Api reserves the right to change this Policy simply by posting such changes on our site. We encourage you to periodically check our site for changes to this Policy since your continued use of the site following any changes to this Policy will be deemed to constitute your acceptance of such change. The operative and effective version of this Policy will be the latest version available on the site.
Contact Us
If you have questions or concerns regarding this Policy, you should contact us by email at
[email protected].
*Depozitolar geri iade edilmemektedir. Depozitonuzu domain alım, yenileme ve transfer işlemleri için kullanabilirsiniz.
*Deposits are not returned. You can use the deposit only for domain registration, renew and transfer.
*Депозиты не возвращаются. Вы можете использовать депозит только для регистрации домена, продлить и трансфер.
1. Overview
The Domain Name Api Terms of Use Agreement (this “Agreement”) is entered into by and between Domain Name Api , a MAGOSA/K.K.T.C. corporation of K.K.T.C. ("Domain Name Api ") and you, and is made effective as of the date of your use of this website ("Website"), Domain Name Api ’s application programming interface (“API”), Domain Name Api ’s integrated third party modules (“Modules”) or the date of electronic acceptance. This legally binding Agreement sets forth the general terms and conditions of your use of the Website, API, Modules and the products and services purchased or accessed through Domain Name Api (individually and collectively, the “Services”),
The terms “we”, “us” or “our” shall refer to Domain Name Api . The terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall refer to any individual or entity who accepts this Agreement, has access to your account or uses the Services. The term “Party” also herein refers to each of Domain Name Api and you, collectively known as the “Parties.” Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You browsing or using this Website, using the Services, or purchasing new Services, your use and your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, along with the following policies and the associated applicable product and service agreements, which are incorporated herein by reference:
· Domain Name Registrant Agreement
· Reseller Agreement
· ccTLD Domain Name Registry Policies
· gTLD Domain Name Registry Policies
· Domain Name Ancillary Services Agreement
· Domain Name Proxy Services Agreement
· DNS Services Agreement
· SSL Certificate Agreement
· Root Servers Agreement
· Privacy Policy
2. This Agreement
Representation. You represent, warrant, and guarantee that:
· you have the full power and authority to execute, deliver, and perform under this Agreement;
· you are at least eighteen (18) years of age;
· this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;
· you are not a person or entity barred from purchasing or receiving the Services found under the laws of Turkey, Canada, the European Union, the United States or other applicable jurisdictions;
· if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall additionally refer to such organization or corporate entity; and · if you are entering into this Agreement on behalf of an organization or corporation that the entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed.
Continued Use. By using the Website or the API or the Modules or the Services, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreements or policies (collectively “Policies”) referenced herein or that may be published by Domain Name Api from time to time. The operative and effective version of this Agreement and Policies is found at http://www.domainnameapi.com/legal-english/.
Amendments. Domain Name Api may, in its sole and absolute discretion, change or modify this Agreement and the Policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to http://www.domainnameapi.com/legal/. And your use of this Website or the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement and the Policies as last revised. If you object to any amendment, your sole remedy is to stop using the Website and Services, and terminate this Agreement in accordance with the termination provisions herein It is your sole responsibility to keep a copy of the current Agreement and Policies and to frequently visit the web page found at http://www.DomainNameApi.com/legal/ to review the most current versions thereof. DOMAİN NAME APİ shall not be obligated to send you any notice of amendments to this Agreement or the Policies, however it is your responsibility to ensure your Domain Name Api account (“Account”) information is always current. If Domain Name Api sends out email notices, Domain Name Api assumes no liability or responsibility for your failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.
Priority of Agreements. Subject to the express written agreement signed by an officer of Domain Name Api , the terms of this Agreement supersede the terms of any other agreement or communication (whether written, verbal or otherwise) between you and Domain Name Api as they relate to the Services.
3. Account Obligations
Account Information. You represent and warrant that all information you submit when you create your Account with Domain Name Api or purchase new Services is accurate, current and complete, and that you will keep your Account and Service information accurate, current and complete. Without limiting the effectiveness of any other provision of this Agreement, breach of this section will be deemed a material breach of this Agreement. Domain Name Api reserves the right, in its sole and absolute discretion, to suspend or terminate your Account
Account Management. Domain Name Api expressly reserves the right to deny, cancel, terminate, suspend, lock, or modify access to (or control of) any Account or Services (including the right to cancel or transfer any domain name registration) for any reason (as determined by Domain Name Api in its sole and absolute discretion), including but not limited to the following: (i) to correct mistakes made by Domain Name Api in offering or delivering any Services (including any domain name registration), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry, (iii) to assist with our fraud and abuse efforts, (iv) to comply with court orders against you and/or your domain name and applicable local, state, national and international laws, rules and regulations, (v) to comply with requests of law enforcement, including subpoena requests, (vi) to comply with any dispute resolution process, (vii) to defend any legal action or threatened legal action without consideration for whether such legal action or threatened legal action is eventually determined to be with or without merit, or (viii) to avoid any civil or criminal liability on the part of Domain Name Api , its officers, directors, employees and agents, as well as DOMAİN NAME APİ ’s affiliates, including, but not limited to, instances where you have sued or threatened to sue DOMAİN NAME APİ .
Account Security. It is your sole responsibility, and not the responsibility of Domain Name Api , to keep, guard, and secure your access credentials associated with your account at DOMAİN NAME APİ , including without limitation your customer username/login, password, email addresses, and Internet IP addresses, if you choose to use the enhanced security features provided by Domain Name Api . If you lose, forget, or compromise the secrecy of your username and password, then you must immediately notify Domain Name Api to obtain a new username and password; provided, however, that such notice to Domain Name Api will not absolve you from any liability arising from the unauthorized use of the username and password. Domain Name Api ’s only obligation will be to provide a new username and password, which may require you submitting and notarizing certain forms, documents, and photo identification (as requested by DOMAİN NAME APİ ). You are solely responsible for all activity that occurs on your Account, whether authorized by you or not. DOMAİN NAME APİ will not be liable for any loss you incur due to any unauthorized use of your Account. You, however, may be liable for any loss Domain Name Api or others incur caused by your Account, whether caused by you, or by an authorized person, or by an unauthorized person.
Account Communications. It is your sole responsibility to check and verify incoming messages from Domain Name Api at regular monthly intervals.
4. General Rules of Conduct and Use
Without limiting any other term of this Agreement, breach of the following section will constitute a material breach of this Agreement. You acknowledge and agree that:
1. Your use of this Website and the Services, will comply with this Agreement and all applicable local, state, national and international laws, rules and regulations.
2. You will not use this Website or the Services in a manner (as determined by Domain Name Api in its sole and absolute discretion) that:
o Transmits unsolicited email (Spam);
o Transmits repetitive, high volume inquires into any of the Services provided by Domain Name Api (i.e. domain name availability, etc.);
o Is illegal, potentially illegal, or promotes or encourages illegal activity;
o Promotes, encourages or engages in child pornography or the exploitation of children;
o Promotes, encourages or engages in terrorism, violence against people, animals, or property;
o Promotes, encourages or engages in any spam or other unsolicited bulk email, or computer or network hacking or cracking;
o Promotes, encourages or engages in the sale or distribution of prescription medication without a valid prescription; o Infringes on the intellectual property rights of any other person or entity;
o Generally objectionable in the Internet community
o Violates the privacy or publicity rights of any other person or entity, or breaches any duty of confidentiality that you owe to any other person or entity;
o Interferes with the operation of this Website or the Services;
o Contains or installs any viruses, worms, bugs, Trojan horses or other code, files or programs designed to, or capable of, disrupting, damaging or limiting the functionality of any software or hardware; or
o Is a legal risk to Domain Name Api
o Contains false or deceptive language, or unsubstantiated or comparative claims, that degrades the quality, goodwill, reputation, or provision of Domain Name Api or Domain Name Api ’s Services.
3. You will not resell or provide the Services for a commercial purpose (“Reseller”), including any of DOMAİN NAME APİ ’s related technologies, without first declaring your wish to become a Reseller either at account creation or post creation by notifying DOMAİN NAME APİ as well as completing DOMAİN NAME APİ ’s Reseller compliance process. You understand that all declared Resellers are subject to the policies and provisions of the Reseller Agreement.
4. You agree to provide government-issued photo identification and/or government-issued business identification as required for verification of identity when requested.
5. You are aware that DOMAİN NAME APİ may from time-to-time call you about your account, and that, for the purposes of any and all such call(s), you do not have any reasonable expectation of privacy during those calls; indeed you hereby consent to allow Domain Name Api , in its sole discretion, to record the entirety of such calls regardless of whether Domain Name Api asks you on any particular call for consent to record such call. You further acknowledge and agree that, to the extent permitted by applicable law, any such recording(s) may be submitted in evidence any legal proceeding in which Domain Name Api is a party.
5. The Services
You acknowledge, understand and agree that:
Domain Name Api ’s Role. In the procurement, registration, and administration of the Services, DOMAİN NAME APİ acts only as a mediator between you and the other parties involved in the procurement of a product or service. In this regard, submission to purchase Services (“Order”) or a submission that applies for a certain type of Service, called a service application or product application (“Application”), does not guarantee the Order or the Application will be executed or completed. DOMAİN NAME APİ disclaims any liability for any Order or Application that fails for any reason.
Intermediaries & Other Policies. You consent to Domain Name Api submitting Orders or Applications directly or through an intermediary to its Service Providers (registrars, registry operators, registries) understanding that Services may be administered by a multitude of different organizations internationally with each of these organizations having different terms and conditions. In this respect, the terms and conditions of each Service Provider, intermediary, and/or organization shall additionally apply and you shall be bound thereto by continuing with to order or use the Service. These terms and conditions can be accessed at the Website under each Service type’s respective agreement.
Partial Delivery. Should the Services be only partially deliverable, you will accept partial delivery.
Order Confirmation. You will undertake all necessary due diligence after an Order has been submitted to ensure that the Order to Domain Name Api is correct. You will notify Domain Name Api immediately if any mistakes or discrepancies are found.
Renewal of Services. All Services are automatically renewed unless a written notice of non-renewal is received by Domain Name Api at least 3 months prior to the expiration date of a Service. It is your sole responsibility to ensure that Domain Name Api receives payment from you so that your account has sufficient funds, for each Service renewal at least 30 days prior to the expiration (or proposed renewal) date. If Domain Name Api does not receive the funds in time or there are insufficient funds in your account by such time, then Domain Name Api may at its sole discretion cancel the renewal and take over ownership of the Service and add it to Domain Name Api ’s own portfolio.
Domain Name Registrations. You agree to abide by the Domain Name Registrant Agreement, the ccTLD Domain Name Policies, and the gTLD Domain Name Policies.
Domain Name Ancillary Services. You agree to abide by the Domain Name Ancillary Services Agreement.
Domain Name Proxy Services. You agree to abide by the Domain Name Proxy Services Agreement.
DNS Services. You agree to abide by the DNS Services Agreement.
SSL Certificates. You agree to abide by the SSL Certificate Agreement.
Root Servers. You agree to abide by the Root Servers Agreement.
6. Pricing and Payment
Prices. The prices charged to you for the Services are published on the Website (“Pricing Schedule”) and are subject to modifications at Domain Name Api ’s sole discretion. Unless otherwise specified, all amounts are stated herein are in Canadian Dollars.
Payment Obligation. You will pay to Domain Name Api the fees based on the Pricing Schedule and via the acceptable method(s) approved by Domain Name Api. Without limiting any other term of this Agreement, non-payment of fees hereunder will constitute material breach of this Agreement. You, the customer, will cover all transaction costs and currency exchange losses.
Taxes. All sales, value-added, and other applicable taxes (including, Canadian goods and services taxes) are the responsibility of the customer unless proper and satisfactory proof of tax exemption status is provided.
Replenishing Account. Domain Name Api will have no obligation to provide the Services until Domain Name Api has received actual payment or proof of payment satisfactory to Domain Name Api at its sole and arbitrary discretion (including credit card number and corresponding expiration date or topping off of sufficient funds in customer’s account with Domain Name Api via a method approved by Domain Name Api). Except as otherwise expressly agreed to in writing signed by an officer of Domain Name Api, customer must have sufficient funds in their account to cover the payments owed for the particular Order. If there is insufficient funds in the customer’s account at the time an Order is made, then Domain Name Api reserves the right to suspend or terminate the Services without notice or place the particular Service into Domain Name Api’s own portfolio or otherwise release the Service.
Payment Methods. Approved methods of payment for the Services are by debit, PayPal, credit card or by wire transfer. You must pay in advance for PayPal or bank transfer payments. And the customer shall pay all transactional processing fees.
Invoices. Domain Name Api will send you an invoice each month for the Services rendered and corresponding fees charged thereto. The invoices may be sent in PDF format. If customer requests invoices via regular mail, then Domain Name Api may charge $5 per mailing. For debit entries, Domain Name Api may additionally charge a processing fee of $12 per debit plus the transaction costs of Domain Name Api per debit entry.
Chargebacks. Customer automatically forfeits all rights to the Services if there is any charge back by customer’s bank or credit card company for payment in connection with the Services, indication of or actual credit card fraud, or other reversal of or invalid payment (“Chargeback”). If there is any Chargeback, then Domain Name Api may, at its sole reasonable discretion transfer unpaid Services to its own portfolio or to release them to third parties or take other action as deemed appropriate by Domain Name Api.
Refund Policy. Advance payments for Services that could not be provisioned will be credited to the customer’s account and will be refunded upon request. Customer will cover any transaction costs for processing a refund. If this Agreement is suspended or terminated for cause by Domain Name Api or otherwise terminated by the customer for reasons other than Domain Name Api’s material breach, then payments already made for the Services will not be refundable whether in whole or prorated. All amounts paid for active Services will not be refunded or prorated.
Records. Domain Name Api may maintain records of all the Services provided hereunder. If there is any inconsistency or conflict between Domain Name Api’s records and that of you the customer or any other party then Domain Name Api’s records will be deemed the accurate and effective records.
7. Limitation of Liability
Domain Name Api will not be liable to you for any consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out of or relating to this Agreement or the Services, whether foreseeable or not, and whether based on breach of any express or implied warranty, breach of contract, misrepresentation, negligence, strict liability in tort, or other cause of action (including damages for loss of data, goodwill, reputation, business, money, or opportunity), even if Domain Name Api has been advised of the possibility of such damages. Under no circumstances will Domain Name Api’s aggregate liability to you or any third party arising out of or related to this Agreement or the Services exceed the aggregate amount of fees paid hereunder regardless of the cause of action.
8. Disclaimer and Force Majeure
Domain Name Api makes no warranty of any kind, either express or implied, regarding the quality, accuracy, reliability, or validity of the applications, software, data, or information related to the network, systems, or other services of Domain Name Api or its third party providers. Domain Name Api provides all the Services “as is” and specifically disclaims all warranties of merchantability and fitness for a particular purpose. You understand, acknowledge, and agree that you will use the Services, and all aspects thereto at your sole risk. Domain Name Api will not be liable for delays in its performance of this Agreement caused by circumstances beyond its reasonable control (“Force Majeure”), including acts of God, wars, riots, national disasters, earthquakes, strikes, fires, floods, shortages of labor or materials, labour disputes, transportation problems, accidents or governmental restrictions. Domain Name Api will make all reasonable efforts to reduce to a minimum and mitigate the effect of any Force Majeure.
9. Indemnification
You will indemnify, defend, and hold harmless Domain Name Api (including Domain Name Api’s Affiliates, directors, officers, managers, employees, contractors, and agents) from and against any claim, action, loss, liability, damage, penalty, cost or expense (including reasonable legal fees for attorneys, witnesses, and defense) that Domain Name Api may suffer or incur as a result of:
· Any failure by you to comply with the terms of this Agreement;
· Any representation or warranty in connection with the Services made by you, your employees, contractors, or agents being false or misleading;
· Any gross negligence or willful misconduct by you, your employees, contractors, or agents;
· Any Chargeback or;
· Any alleged or actual violations by you for any law, regulation or rule;
10. Links to Third-Party Websites
This Website and the Services may contain links to third-party websites that are not owned or controlled by Domain Name Api. We assume no responsibility for the content, terms and conditions, privacy policies, or practices of any third-party websites. In addition, Domain Name Api does not censor or edit the content of any third-party websites. By using this Website and the Services, you expressly release Domain Name Api from any and all liability arising from your use of any third-party website.
11. Waiver
No waiver by Domain Name Api of a breach of any provision hereof will take effect or be binding upon Domain Name Api unless expressly waived in writing, and such waiver will extend and apply only to the particular breach so waived and will not limit or affect the rights of DOMAİN NAME APİ in respect of any future breach or in respect of any breach of any other provision hereof.
12. Privacy
You understand and agree that the information you submit to Domain Name Api may be shared and is possibly stored with various third parties involved in provisioning or operating the Services. You will comply with all privacy laws, regulations, rules, and policies that are applicable. You authorize Domain Name Api to process and use your customer data to consult with third parties in improving the Services. You further understand and agree that Domain Name Api may send information and marketing emails to you. For further information on data privacy, Domain Name Api ’s Privacy Policy is found on the Website.
13. Complete Agreement
This Agreement constitutes the complete agreement between the Parties relating to the subject matter hereof and supersedes all prior and other understandings, representations, warranties, and agreements relating hereto, whether verbal, written, or otherwise.
14. Governing Law and Severability
This Agreement will be governed and construed in accordance with the laws of the Province of KKTC, TURKEY, Canada without giving effect to any rule of conflicts of law. This Agreement will not be governed by or construed in accordance with the United Nations Convention on Contracts for the International Sale of Goods. If any portion of this Agreement is held by a court of competent jurisdiction to be illegal, invalid or unenforceable for any reason, such illegality, invalidity or unenforceability will not affect the validity of the remainder of this Agreement.
15. Notices
Method. Any notice or other communication between you and Domain Name Api required or permitted under this Agreement will be in writing and will be delivered by hand, sent by first class mail (postage prepaid), sent by commercial courier, or transmitted by electronic mail or facsimile, in the case of Domain Name Api, and the contact information provided in your account.
Effectiveness. Any notice or other communication sent will:
· If delivered by hand, be deemed to have been received on the date of delivery;
· If sent by first class mail, be deemed to have been received on the third business day following the date of mailing; and
· If sent by electronic mail or facsimile, be deemed to have been received on the date the sender transmitted the notice or other communication.
16. Termination
Termination Notice. You may terminate this Agreement by providing Domain Name Api with 30 calendar days’ written notice. Submission of any Order after tendering notice of termination will reset the notice period and extend the notice period for another 30 calendar days from the time of last Order. You may terminate this Agreement immediately if Domain Name Api is in material breach of this Agreement and the material breach is not remedied within 15 calendar days of Domain Name Api receiving a written notice to cure from you.
Domain Name Api’s Right to Terminate. Domain Name Api may, at its sole discretion, immediately terminate this Agreement if you violate the Rules of Conduct and Use in Section 4 of this Agreement or materially abuse of the Services.
Automatic Termination. This Agreement will terminate automatically if customer:
· makes a general assignment for the benefit of customer’s creditors;
· appoints or has appointed a receiver, trustee in bankruptcy or similar officer to take charge of all or part of customer’s assets;
· files or has a petition filed against the customer in any bankruptcy; or
· is adjudicated insolvent or bankrupt.
Effect. Upon expiration or termination of this Agreement:
· Customer will immediately cease all activities related in any way to this Agreement, including the use of the Services and Domain Name Api’s Intellectual Property;
· Customer must submit a written request to Domain Name Api’s corporate address to facilitate the transfer of their domains to a different domain registrar; and
· The terms of this Agreement that by their nature continue beyond the expiration or termination of this Agreement will continue to be effective (including the terms relating to payment, termination, Intellectual Property, limitation of liability, indemnity, Confidential Information, and governing law).
* Depozitolar geri iade edilmemektedir. Depozitonuzu domain alım, yenileme ve transfer işlemleri için kullanabilirsiniz.
*Deposits are not returned. You can use the deposit only for domain registration, renew and transfer.
*Депозиты не возвращаются. Вы можете использовать депозит только для регистрации домена, продлить и трансфер.
Domain Name Registrant Agreement
1. Overview
The Domain Name Api Terms of Use Agreement (this “Agreement”) is entered into by and between Domain Name Api , a MAGOSA/K.K.T.C. corporation of K.K.T.C. ("Domain Name Api ") and you, and is made effective as of the date electronic acceptance (electronically or in writing). This Agreement sets forth the terms and conditions of your use of Domain Name Api’s Domain Name Registration services ("Domain Name Registration”, “Registered Name”, “domain registration” or the “Services”).
The terms "we", "us" or "our" shall refer to Domain Name Api. The terms "you", "your", "user" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your acceptance (electronically, in writing, or by submitting a domain registration) of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement and DOMAİN NAME APİ Terms of Service Agreement (HTOS), which is incorporated herein by this reference, as well as the following policies that are expressly incorporated by reference herein:
2. This Agreement
Representation. You represent, warrant, and guarantee that:
· you have the full power and authority to execute, deliver, and perform under this Agreement;
· you are at least eighteen (18) years of age;
· this Agreement is valid, binding, and enforceable against yourself in accordance with the terms herein and no provision requiring your performance is in conflict with your obligations under any other agreement;
· you are not a person or entity barred from purchasing or receiving the Services found under the laws of Canada, the European Union, the United States or other applicable jurisdictions;
· if you are entering into this Agreement on behalf of an organization or corporation (not a natural person) that you have the legal authority to bind such organization or corporate entity to the terms and conditions contained in this Agreement, in which case the terms “you”, “your”, “user”, “client”, “reseller” or “customer” shall additionally refer to such organization or corporate entity; and · if you are entering into this Agreement on behalf of an organization or corporation that the entity is duly organized, authorized and in good standing under the laws of the jurisdiction in which it was formed.
Continued Use. By using the Website or the API or the Modules or the Services, you acknowledge that you have read, understood, and agreed to all the terms and conditions of this Agreement, including any other agreements or policies (collectively “Policies”) referenced herein or that may be published by Domain Name Api from time to time. The operative and effective version of this Agreement and Policies is found at http://www.domainnameapi.com/legal/.
Amendments. Domain Name Api may, in its sole and absolute discretion, change or modify this Agreement and the Policies which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to http://www.domainnameapi.com/legal/. And your use of this Website or the Services after such changes or modifications are posted shall constitute your acceptance of this Agreement and the Policies as last revised. If you object to any amendment, your sole remedy is to stop using the Website and Services, and terminate this Agreement in accordance with the termination provisions herein It is your sole responsibility to keep a copy of the current Agreement and Policies and to frequently visit the web page found at http://www.domainnameapi.com/legal/ to review the most current versions thereof. Domain Name Api shall not be obligated to send you any notice of amendments to this Agreement or the Policies, however it is your responsibility to ensure your Domain Name Api account (“Account”) information is always current. If Domain Name Api sends out email notices, Domain Name Api assumes no liability or responsibility for your failure to receive an email notification if such failure is a result of inaccurate email addresses or Account contact information.
3. Your Domain Name Registrant Obligations and Responsibilities
You acknowledge, understand and agree to the following obligations and responsibilities as a customer of Domain Name Api’s Domain Name Registration services:
Accuracy of Domain Registration Information. You agree that for each domain registration submitted by you, the following contact information shall be accurately and truthfully provided: full name, postal address, email address, telephone number, and if available, facsimile number of the registrant contact of the domain name (Registered Name Holder) and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact. Failure to provide truthful and accurate information shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name.
Changes to Domain Registration Information. You agree that for each domain registration, you will notify DOMAİN NAME APİ within five (5) calendar days of any changes to the full name, postal address, email address, telephone number, and if available, facsimile number of the Registered Name Holder and if different from the Registered Name Holder, changes to the same contact information for the technical contact, the administrative contact and the billing contact. It is your responsibility to keep this information current and accurate. Failure by you, for whatever reason, to maintain truthful and accurate information on a continual basis, shall be considered a material breach of this Agreement and will be a basis for suspension and/or cancellation of the domain name. Inquiries made by DOMAİN NAME APİ to determine the validity of information provided by you must be responded to within five (5) calendar days. Failure to respond to such inquiries shall be considered a material breach of this Agreement and will also be a basis for suspension and/or cancellation of the domain name.
Collection and Use of Domain Registration Information. You agree to be bound by the provisions of Section 6, Collection, Use and Privacy of Information.
Reporting Change of Status. You will report any material changes to the validity of your authorization, charter, license, residency, title, status and/or other related credentials that will effect the your legitimacy or qualification to be the Registrant Owner of the Registered Name.
Restrictions and Right to Refuse Service. You agree to be held liable for all damages and actions from DOMAİN NAME APİ resulting from your inappropriate or illegal use of any Registered Name (Restricted Activity) including the suspension, deletion, or cancellation of a Registered Name as well as covering all damages resulting from the use of a Registered Name that:
· transmits unsolicited email (Spam);
· transmits repetitive, high volume inquires into any of the Services provided by DOMAİN NAME APİ (i.e. domain name availability, etc.);
· distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law
· links or redirects to illegal content that:
o is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
o is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party;
o misleads or deceive minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature or may otherwise harm minors;
o infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
o violates any applicable local, state, national or international law or regulation;
o promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
o advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation;
Violation of Restrictions. You understand and agree that violation of the Restricted Activities constitutes a material breach of this Agreement. You agree that Domain Name Api, in its sole discretion and without liability to you, may refuse to accept domain registrations, delete domain registrations during the first thirty (30) days of registration, or cancel a domain registration at anytime after the first thirty (30) days of registration if you violate the Restricted Activity provisions at anytime.
Indemnity. You agree to defend, indemnify, save and hold Domain Name Api harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting from a violation of the obligations and responsibilities stated in this Agreement.
Proprietary Rights in Name. You acknowledge and agree that the registration or renewal of a particular domain name through the Services or the subsequent use of the Registered Name does not confer upon you any proprietary rights in the Registered Name, nor does it guarantee immunity from and against any challenge to the registration of the Registered Name by any third party, nor from the cancellation, suspension or transfer of the Registered Name.
4. Domain Name Registration, Renewal, and Expiration
Mediator. You understand and agree that in the procurement, registration, and administration of domain names, Domain Name Api acts only as a mediator between you and the other parties involved in the registration process, including registrars and the institutions authorized to administer the central databases for the particular domain names. In this regard, you understand and agree that submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. Therefore, you release Domain Name Api of any liability for any domain name that fails to be registered or become unregistered, suspended, or transferred away for any reason.
Sponsoring Registrar. The sponsoring registrar for Domain Name Api is Atak Domain Ltd Co. – www.atakteknoloji.com And used herein, the terms “Registrar” shall refer to Atak Domain Ltd Co.
Country Code Top Level Domain Names (“ccTLDs). In the case of ccTLDs, you acknowledge and agree that the Services in connection with these registrations can be permanently interrupted and/or modified without prior notice, understanding that you bear the sole and all risk for such interruptions and/or modifications interfering with or preventing the use and/or the intended use of one or more ccTLDs. Your also understand and agree that the mode of operation of ccTLDs are not concurrent with that of conventional domain names, therefore, you understand and agree that due to the differences in technical implementations of ccTLDs some or all necessary ccTLDs do not function as intended or at all.
International Corporation of Assigned Names and Numbers (“ICANN”). Domain Name Api represents the Registrar, an ICANN accredited registrar, and as such you acknowledge, understand and agree that Domain Name Api is bound by its agreement with its Registrar and thus also with ICANN. You acknowledge, understand and agree that DOMAİN NAME APİ may modify this Agreement in order to comply with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) an ICANN approved registry applicable to the generic top-level-domain ("gTLD") in question. If you register a domain name under ICANN’s jurisdiction, you agree to the following:
1. To comply with the ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN.
2. To comply with any operational standards, policies, procedures, and practices for the each Registry, which can change from time to time by the applicable Registry Operators in a non-arbitrary manner.
3. To read the Registrants' Benefits and Responsibilities at http://www.icann.org/en/resources/registrars/registrant-rights/benefits
4. To read the Registrant Educational Information at http://www.icann.org/en/resources/registrars/registrant-rights/educational
5. Material change of Registrant regarding gTLDs:
a. The Transfer of domains names that are governed by ICANN's Transfer Policy (http://www.icann.org/transfers/).
b. Confirmation. A material change of Registrant is when the current (Old) registrant name, organization, email address or administrative email address (when there is no Registrant email address) of a domain name is changed and the Registrant as the Old or New Registrant confirms the permanent material change ("Change") by:
i. Explicitly accepting the change through the API or Control Panel or only in the case of the Old registrant through their registrant email; or
ii. Authorizing a person, company or entity to accept the change on Old and New Registrant's behalf as the Old and New Registrant's Designated Agent (DA) through the API or Control Panel.
c. DOMAİN NAME APİ as Designated Agent for New Registrant. Direct registrant name holders with DOMAİN NAME APİ acknowledge and authorize Domain Name Api to be their Designated Agent for all New Registrant material change confirmations.
d. Procedure. Both, Old Registrant and New Registrant or one of their respective Designated Agents understand, acknowledge and agree that:
i. Domain Name Api is solely responsible for the electronic processing of the change of registrant.
ii. Old Registrant and New Registrant are solely responsible for the legal validity of the transfer of the domain name.
iii. confirmation to material changes of the Registrant have to be made as set forth by the ICANN Transfer Policy
iv. any failure in the confirmation process (such as failure by the Old Registrant to confirm the change within 14 days) may stop the transfer process and will lead to an expiration of both the change of registrant request and/or security code.
v. the Old Registrant might receive an email in order to confirm any change. The Old Registrant is obliged to contact Domain Name Api as soon as possible, latest fourteen (14) days of receipt of the email if the Old Registrant wants this change to be executed
vi. Domain Name Api assumes no liability for any inquiries in regards to the Change and the Old Registrant or the respective Designated Agent will indemnify and hold Domain Name Api harmless if any such inquiries occur. In particular shall Domain Name Api have no liability related to the validity of the New Registrants entitlement to the domain name
vii. the domain might be locked to prevent transfer to a different registrar for 60 day according to the ICANN Transfer Policy.
e. Representation Material Change. The person who accepts this agreement on behalf of the Old Registrant and New Registrant represents and warrants to be duly authorized and hence to have the legal power to enter in to this Agreement.
f. Transfer lock.The Old Registrant acknowledges and agrees that if the Old Registrant did not opt out of the 60-day lock and its final goal is to transfer the domain name to a different registrar, the Registrant is advised to request the inter-registrar transfer before the the Change of Registrant is initiated in order to avoid the transfer lock.
Domain Registrars, Intermediaries, Registries and ICANN Terms and Conditions.
Domain Policies. For domain names you attempt to register, you consent to Domain Name Api submitting Domain Registration Orders to authorized registrars either directly or through an intermediary. You also understand that domain names are administered by a multitude of different organizations internationally and that each of these organizations has different terms and conditions for the registration and administration of domain names as well as for domain name dispute procedures. In this respect, for the domain names you register through Domain Name Api, you acknowledge, understand and agree to the terms and conditions of each registrar, intermediary, registry and/or organization, which are expressly, incorporated by reference herein as the ccTLD Domain Name Registry Policies and the gTLD Domain Name Registry Policies (together known as the “Domain Policies”).
Current Domain Policies. You understand and agree that it is solely your own responsibility to keep informed and up-to-date on the current respective Domain Policies connected to the domain names you have registered at Domain Name Api. You also understand and agree that a violation of the current Domain Policies due to your failure to keep up-to-date is a material breach of this Agreement.
Indemnity. For domain names you register through Domain Name Api, you will indemnify and hold harmless each registrar, intermediary, organization, registry operator and registry including their 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 the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.
Domain Name Registration. A domain name registration is not effective until the following provisions are met:
(1) All the terms and conditions for Payment of Fees in this Agreement.
(2) That Domain Name Api submits and delivers to the applicable registry operator the domain name registration or application information (Domain Registration Order) and such registry puts the registration into effect (Registered Name). Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered. And DOMAİN NAME APİ is not responsible for any domain name that fails to be successfully registered as a Registered Name.
Domain Name Renewal. Your continued use of a Registered Name is subject to your timely payment of renewal fees before the expiration date of a domain name, as well as, your continued compliance with this Agreement and any rules or policies referenced herein. You understand and agree that DOMAİN NAME APİ is not responsible for cancelled domain names that you fail to properly renew under the following conditions:
Renewal Payment of Fee Conditions: All the terms and conditions for Payment of Fees in this Agreement are met.
Reserved Account Funds for Upcoming Renewals. If Domain Name Api does not receive the applicable renewal fees for a Registered Name (as cleared funds) thirty (30) days prior to the expiration date of a domain name, Domain Name Api reserves the right to cancel the registration of the Registered Name and remove it from the Registry's root zone file immediately following the domain name’s expiration date.
Automated Renewal. Contingent on the full domain renewal fee being paid by you and received by Domain Name Api (as cleared funds) at least thirty (30) days prior to the expiration date of a domain name, Registered Names by default are set to be automatically renewed. To modify the default automatic renewal setting of a Registered Name, you must provide written notice of non-renewal to DOMAİN NAME APİ at least 3 months prior to the expiration date of the respective Registered Name.
Manual Renewal. If you do not select a Registered Name to be automatically renewed, it is your sole responsibility to manually renew the expiring domain name before its expiration date (should you in fact want the domain name to be renewed). You acknowledge, understand and agree that if you choose to manually renewal a Registered Name and you fail to complete the manually renewal process before a domain name’s expiration date, this will result in cancelation of the domain name and removal of the domain name from its Registry's root zone file immediately following the domain name’s expiration date.
Domain Renewal and Restore Pricing for Non-Premium Domain Names. The default price for renewing a gTLD is 178.50 (net 150.00) USD. The default price for restoring a gTLD is 654.50 (net 550.00) USD, which may be lower depending on the gTLD. The default price for renewing or restoring a ccTLD is determine by the prices available on your Domain Name Api’s account, which you must log in to review. Prices for renewing or restoring a Registered Name are at the sole and absolute discretion of Domain Name Api and can change without notice to you. The price that you will be charged for a renewal or a restore can always be reviewed by logging into your account at Domain Name Api.
Renewal and Expiration Notices for gTLDs. Domain renewal notifications are sent to the registered owner of the Registered Name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name's whois contact information) over three separate notices. The first email is sent out approximately one month prior to a domain's expiration date. A second email is sent out approximately one week prior to a domain's expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final email is sent to the Registrant on the fifth day post expiration.
Registry Renewal Policies. You agree to follow and be bound to the respective Registry renewal policy for the domain name you are renewing as provided for by the Doman Policies.
Expiration of Domain Name. The renewal of any Registered Name is solely and completely your responsibility alone. Registered Names that expire will be removed from the respective Registry's root zone file and will no longer resolve. You acknowledge, understand, and agree to release and hold Domain Name Api completely harmless against any claim for damage or loss arising from your failure to renew a Registered Name.
Renew Grace Period After Expiration. Domain Name Api as it’s sole discretion, for some Registered Names, may allow a period of time after the expiration date of the domain name in which you may still renew the Registered Name (Renew Grace Period). Some domain names have no Renew Grace Period and for others the length of time for the Renew Grace Period varies. Failure to renew during the Renew Grace Period will result in the expired domain name being placed on hold and flagged for deletion.
Redemption Period After Expiration. Domain Name Api as it’s sole discretion, for some Registered Names, may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30-days, but can vary and is subject to change at anytime without notice. Domain Name Api will only restore a Registered Name during this period upon receiving a written notice (either by email or fax) from you along with payment of the applicable restore fees.
Deletion of Domain Name. Domain names are deleted immediately after a Registered Name’s expiration date, however, for those domain name with a Renew Grace Period and/or a Redemption Period enabled by Domain Name Api, the Registered Name will delete after the end of the respective period. Deleted domain names will be released by the respective registry and will then become available for registration on a first-come-first-served basis.
Registry Renewal Grace Periods and Redemption Grace Periods. These periods can vary for different ccTLDs and gTLDs. You agree to follow and be bound to the respective Registry policy for the domain name you are renew or redeem as provided for by the Doman Policies.
5. Domain Name Dispute Resolutions
Domain Name Dispute Policies. You acknowledge, understand, and agree to respond and settle any disputes for any Registered Names in your account according to the resolution policies of the respective ccTLD registry or ICANN. In the case of ICANN, you agree to be bounded by ICANN's Uniform Rapid Suspension System (“URS”) and Uniform Domain Name Dispute Resolution Policy ("UDRP"). These dispute polices are amended from time to time therefore the domain policies, URS, and UDRP are hereby incorporated into this Agreement by reference.
Lock, Cancel or Transfer of Domain Name. You acknowledge, understand, and agree that Domain Name Api may be required to lock, cancel or transfer a domain to a third party in accordance to the Domain Name Dispute Policies. In the case of an UDRP action against you, unless you respond and provide evidence within ten days of an Administrative Panel’s decision, where you commence a counter lawsuit against the complainant in a Mutual Jurisdiction regarding the right to use the disputed domain name, the domain name in question may be locked, cancelled, or transferred to a third party.
For the adjudication of disputes concerning or arising from use of a domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) where Registrar is located.
You agree that if a dispute arises as a result of one (1) or more domain names you are the Registered Name Holder with Domain Name Api, you will indemnify, defend and hold Domain Name Api harmless as provided for in this Agreement. You also agree that if Domain Name Api receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you using Domain Name Api, that Domain Name Api, in its sole discretion, may take whatever action Domain Name Api deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. And in this event, you agree to hold Domain Name Api harmless for any such actions.
6. Collection, Use, and Privacy of Information
Registry Operator Rights to Contact Information. You acknowledge, understand and agree that domain name registrations requires your customers to provide correct and accurate contact information, in whole or in part, and this contact information is to be shared with the registry operator, for their use, copying, distribution, publication, modification and any alternate use provided for in their respective Registry policies. You agree to disclose the Registry Operator’s rights and obtain consent from your customers to provide to you correct and accurate contact information and consent that such information will be shared with the registry operator for whatever use the registry operator deems appropriate.
ICANN Whois Requirements. As required by ICANN, the contact information must be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois and you agree to disclose and obtain consent by your customer for the following: If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy:
Whois Directory. Your customer to agree that for each domain name registered by the customer the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
(1) The domain name
(2) Your name and postal address
(3) The name, email address, postal address, voice and fax numbers for technical and administrative contacts
(4) The Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers)
(5) The original date of registration and expiration date, and
(6) The identity of the registrar.
Whois Escrow. Your customer to agree that the Registrar and/or the Registry Operator of a domain name may be required to archive the contact information with a reputable third-party escrow service.
Use of Whois: Your customer to agree that Domain Name Api may use of the public information you provide during the registration of a domain name to the extent permitted by ICANN
Whois Requirement for Resellers. If you are a Reseller of the Services you understand and agree that you have obtained consent, and evidence of consent, from your clients (individuals, businesses, and legal entities) for making public their domain registration information as well as use of their information pursuant to ICANN policy.
gTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual gTLD registry operators provided under the gTLD Domain Name Registry Policies.
ccTLD Registry Requirements. You acknowledge and agree to be bound to the privacy and collection policies of individual ccTLDs registry operators for domain names that provided under the ccTLD Domain Name Registry Policies.
Consent. You hereby consent and give permission for all such requirements and disclosures.in this Section of this Agreement. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure. And you understand that the Registrar will not process data in a way that is incompatible with this Agreement and the Registrar will take reasonable precautions to protect data from loss or misuse.
7. Payment of Fees
Domain Name Api Universal Terms of Service – Pricing and Payment. You understand and agree to pay all prices and fees (Payment) due for Services in accordance with the Domain Name Api Universal Terms of Service.
Security of Payment. You also understand and agree that if your Payment for the Services cannot be secured by Domain Name Api by either having sufficient and confirmed funds in your Domain Name Api Account or in your Reserved Funds balance (monies withdrawn and held from your account balance in preparation of payment of some types of Services), Domain Name Api is under no obligation or requirement to process your domain registration or domain renewal transaction. You also agree and confirm to indemnify, save and hold Domain Name Api harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting your failure to secure payment with Domain Name Api.
Chargebacks and Reversal of Confirmed Account Funds. You agree that registration, renewal and use of any of the Services, including domain names, is contingent the original Payment being legitimate and permanent. You agree that any payment reversal due to credit card chargebacks or through a reversal of account funds means that the original Payment was illegitimate and you therefore have no claim or right to the Services or use of the Services associated with the illegitimate Payment and that Domain Name Api has the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion.
8. Breach of Agreement and Suspension of Services
Rights to Deny, Cancel, Transfer, Lock, Alter, Suspend. You acknowledge and agree to disclose and obtain consent from your customers that Domain Name Api, Registrar and any respective Registry reserves the right to deny, cancel, transfer, or alter any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion for the following:
a. To correct mistakes made by registry or any registrar in connection with a domain name registration
b. To facilitate the transfer of domain from one registrar to another;
c. The non-payment or reversal of fees (Payment)
d. To protect the integrity and stability of a registry
e. To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process
f. To comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement;
g. To avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees
h. An occurrence of any of the prohibited activities described in Section 3.5
i. For the resolution of a dispute.
Breach of Agreement. Your right to resell the Services is subject to cancellation or suspension for unresolved breaches of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later.
Complete Compliance. You acknowledge, understand and agree that your failure to comply completely with this Agreement is a material breach and Domain Name Api may provide you with notice of such breaches either in writing or electronically (i.e. email) for which you will have ten (10) calendar days to rectify the breach. Failure to rectify a breach may result in termination of this Agreement which may include, but is not limited to, cancelling the registration of any or all of your domain names and discontinuing any other Services provided to you by Domain Name Api. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
* Depozitolar geri iade edilmemektedir. Depozitonuzu domain alım, yenileme ve transfer işlemleri için kullanabilirsiniz.
*Deposits are not returned. You can use the deposit only for domain registration, renew and transfer.
*Депозиты не возвращаются. Вы можете использовать депозит только для регистрации домена, продлить и трансфер.
EXPIRED REGISTRATION RECOVERY POLICY
On Aug. 31, 2013, ICANN adopts the Expired Registration Recovery Policy (ERRP),
which requires registrars to disclose important information to Registrants and prospective
customers about expiration notices, fees, and redemption procedures. This policy contains all required elements in the new policy to abide with,
/and to help you properly update your web site and existing terms and conditions
so that you keep pace with ERRP's requirements.
1. Expiration Notice Reminder:
1.1 Prior to the expiration of any gTLD registration, resellers must notify the registered name holder of the expiration date at least three times.
One of these notices must be sent approximately one month prior to expiration and one must be sent approximately one week prior to expiration and
other other must be sent approximately 5 days after its expiration date.
1.2 Resellers must describe on their websites the methods used to deliver pre- and post-expiration notifications, and how and when they will be sent.
2. Fees and Procedures
2.1 Resellers must make their renewal fees, post-expiration renewal fees (if different), and redemption/restore fees reasonably available to registered name
holders and prospective registered name holders at the time of registration of a gTLD name.
2.2 Resellers are required to clearly display all fees pertaining to the purchase of a domain on their web site. These fees include renewal fees, post-expiration renewal fees (if different) and redemption fees at the time a new registration or transfer takes place. Resellers are also required to directly include or provide a link to these fees in their terms of service.
2.3. If you do not have a website or online presence to display your fees and handling procedures, you must include it in your agreement, contract or service terms.
3.Redemption Grace Period
3.1 You must permit the registered name holder to redeem a deleted registration during the redemption grace period, if a redemption grace period is offered by the respective registry.
3.2 The fee and redemption procedure must be displayed on your website or included in your agreement, contract or service terms.
4.A Sample of fee table for your reference
These timelines do not apply to ccTLD and gTLD domain names.
Days after expiration Action
Day 20 Domain enters Redemption Grace Period for a total of 20 days. The domain name can be renewed by the registrant for the cost of $85 redemption fee.
Day 60 We return the domain name to the registry.
A registrant may renew an expired domain name at no extra cost until the domain is in Renewal Grace Period. Afterwards, the original registrant can attempt to redeem the domain up until day 60 with the $85 redemption fee.
5. To all members in Domain Name API,
5.1 Domain Name API is automatically handling this requirement by sending an email notification to your account's registrant email address 31 days prior to expiry, 8 days prior to expiry, 3 days after expiry.
5.2 The renewal fee, post expiration fee are the same as its registration fee. Kindly check our price table on https://domainnameapi.com/pricing . Please understand that
the fee varies depends on the different level of member.
5.3 Unless it is specially pointed out in this policy or our service term, the redemption fee $120 apply each of generic tlds provided in Domain Name API.
5.4 For at least the last eight consecutive days (after expiration), we will interrupt the existing DNS resolution, as a reminder of domain name has expired and RAE shall renew it.
In this eight consecutive days period, you may renew it at no extra cost.
5.5 On day 10 of expiration, we may add expired domain name to an auction served by the industry auction provider. Once a expired domain name is auctioned to a third party successfully,
we will transfer the domain name registration to the third party, and the third party will control domain name service. We are not obliged to contact you to alert you that the domain name
registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
5.6 From day 11 of its expiration date, you acknowledge and agree that we may, but are not obligated to, offer this process, called the "renewal grace period." You acknowledge that you assume
all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services.
You acknowledge that we, for any reason and in our sole discretion, may choose not to offer a renewal grace period and that we shall not be liable therefore.
5.7 In the event that the gtld registry offer a Redemption Grace Period ("RGP") of 30 days immediately following the deletion of a registration, Domain Name API permits RAE and its belonged member to redeem it back.
In the case, the redemption fee plus one year renewal fee will be charged.
Auto-Renewal
Registrar Atak Domain Hosting Ltd. Şti. now offers auto-renew feature to all our registrants. With this feature, your orders renew automatically using the balance in your debit account or credit card details that you have chosen to save on our system. If at all there is not sufficient balance in your or your registration service providers account, we will send an email to you for manual renewal.
1- In order to ensure that you do not experience an interruption or loss of services, all domain registration orders may be set to Auto-Renewal by default.
2- In order to perform auto-renewal, you have to authorize the Parent to capture and store your Debit/Credit Card information when you are registering, renewing or transferring your domain name.
3- Auto-renewal will be performed for 1 year registration extension.
4- For renewing the domain name, you will be charged the Parent's then current rates, which you acknowledge and agree, may be higher or lower than the rates for the original service period.
5- You can disable Auto-Renewal feature at any time.
Domain Name Deletion
If we are unable to secure payment on or before the domain renewal date, your domain name will expire.
As early as one day after expiration, your domain name will be deactivated and will display a parking page indicating the domain name has expired, and other services you have associated with the domain name may no longer function.
As early as 36 days after expiration, your domain name may be purchased by a third party. If a third party purchases the domain name during this time, the domain name will not be available for you to renew.
If the domain name has not been renewed by you or purchased by a third party, an expired domain name enters the registry redemption period (as defined by each registry) approximately 20 days following expiration. Certain TLDs enter the registry redemption period sooner than 20 days and those details are available here. We reserve the right to charge you a redemption fee (in additional to the renewal fee) in the event you are able to renew your domain name during this period. The fee charged for redemption varies by TLD and may be found here.
If the domain name completes the registry redemption period, the registry may hold the domain name for a period of five days before releasing it again for general registration.
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