Terms and Conditions
This is an agreement between “you” and Vianames LLC (“Vianames”), a Michigan limited liability company. Vianames may do business under several assumed names, including (but not limited to) Nominavi, OrbitFour, and Naamr. This agreement explains the basis upon which all transactions, including domain registrations and related services, between you and Vianames will take place and our responsibilities toward each other.
The term “you” shall refer to yourself. By entering into this agreement, in addition to transactions entered into by you on your behalf, you also agree to be bound by the terms of this agreement for transactions entered into on your behalf by anyone acting as your Agent. You also agree to be bound by the terms of this agreement for transactions entered into by anyone who uses the account you’ve established with Vianames, whether or not the transactions were on your behalf.
To complete the order process, you must read this entire agreement, as well as our dispute policy, and agree to be bound by all the terms and conditions. You acknowledge that Vianames is a reseller of various services and an accredited registrar bound by an agreement between Vianames and the Internet Corporation for Assigned Names and Numbers (“ICANN”). You also acknowledge that Vianames is a registrar bound by Registrar-Registry Agreements between Vianames and various Domain Name Registries.
You agree that Vianames may modify this agreement in order to comply with applicable law and the terms and conditions set forth by ICANN or any Domain Name Registry.
You acknowledge that Vianames’s acceptance of any application made by you for services provided by Vianames will take place at Vianames’s offices located in Michigan, USA.
In consideration for the services and products (“service”) purchased by you and provided to you by Vianames, you agree to pay Vianames at the time service is provided. Payment is to be made by you providing a valid credit card for charge by Vianames, and is non-refundable. If for any reason Vianames is unable to charge your credit card with the full amount owed Vianames for the service provided, or if Vianames is charged back for any fee it previously charged to the credit card you provided, you agree that Vianames may pursue all available remedies in order to obtain payment. You agree that among the remedies Vianames may pursue in order to effect payment, shall include but will not be limited to, immediate cancellation without notice to you of any domain names registered or renewed on your behalf.
You agree that we may, at Vianames’s sole discretion, allow you to renew your domain name after its expiration date has passed. Transfer of your domain following the expiration date is not permitted. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a domain parking, under construction, or other temporary page that may include promotions and advertisements for, and links to, Vianames’s Web site, Vianames product and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
Expiration Policy and Restoration Policy.
While all transactions are processed in U.S. dollars, Vianames may provide an estimated conversion price to currencies other than U.S. dollars. You acknowledge and agree that the pricing displayed during the checkout process is an estimated conversion price at the time of purchase. Due to time differences between (i) the time you complete the checkout process, (ii) the time the transaction is processed, and (iii) the time the transaction posts to your bank statement, the conversion rates may fluctuate, and Vianames makes no representations or warranties that the estimated conversion price will be the same as, or reflective of, either (a) the amount processed or (b) the amount posted to your bank statement, and you agree to waive any and all claims based upon such discrepancies (including any and all claims for a refund based on the foregoing). In addition, you acknowledge and agree that you may be charged exchange rate conversion fees.
Vianames assumes your purchase qualifies as a non-taxable transaction based on your legal status or country of residence.
Term of Agreement
The term of this agreement shall continue in full force and effect as long as you have any domain name registered through Vianames. You agree that you will not transfer any domain name registered through Vianames to another domain name registrar during the first sixty (60) days from its initial registration date or during the first sixty (60) days from the effective date of a Registrar Transfer to Vianames.
You agree that Vianames may modify this agreement from time to time. Vianames may also discontinue services it provides under this agreement. You agree to be bound by any changes Vianames may reasonably make to this agreement when such changes become effective. Should you elect to cancel your agreement with Vianames you will not receive a refund for any fees you may have paid to Vianames.
You agree that Vianames shall not be bound by any representations made by third parties who you may use to purchase services from Vianames, and that any statements of a general nature, which may be posted on Vianames’s web site or be contained in Vianames’s promotional materials, will not bind Vianames.
You agree to provide Vianames with accurate and reliable contact details upon registration and during the term of the domain registration.
This information includes:
- Your full name, postal address, e-mail address, voice telephone number, and fax number if available. You must also provide the name of an authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation.
- The names of the primary nameserver and secondary nameserver(s) for the Registered Name;
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
- The name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
Further, you agree to notify Vianames within seven (7) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Vianames with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this agreement. Failure by you, for whatever reason, to respond within fifteen (15) business days to any inquiries made by Vianames to determine the validity of information provided by you, shall also be considered to be a material breach of this agreement, and can be a basis for suspension and/or cancellation of the domain registration.
You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN or Registry Policy and may be sold in bulk as set forth in the applicable ICANN or Registry agreements:
- The domain name
- Your name and postal address
- The email address, postal address, voice, and fax numbers for technical and administrative contacts
- The Internet protocol numbers for the primary and secondary name servers
- The corresponding names of the name servers
- The original date of registration and expiration date
Use of Information
You agree that, to the extent permitted by ICANN and/or the applicable Registry, Vianames may make use of the publicly available information you provided during the registration and renewal processes. Vianames may also communicate with you regarding any other transaction involving your domain or any ICANN-mandated policy, including Whois Data reminders.
You agree that Vianames may send you marketing offers and communications from time-to-time via email, telephone, fax, or your postal address. You are free to opt out of these communications at any time.
If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN and/or the applicable Registry policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered name. A Registrant licensing use of a Registered name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registrant reasonable evidence of actionable harm
Whois Privacy Service Policy
You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full and accurate contact information and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
You agree to be bound by Vianames’s current Dispute Resolution Policy (here) as well as any dispute policies in effect for the respective top-level domains. This policy is incorporated herein and made a part of this agreement. The current dispute policy can be found at: http://www.vianames.net/legal/udrp/.
You agree that Vianames may from time to time modify its Dispute Resolution Policy. Vianames will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with Vianames after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Vianames’s web site periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel your agreement with Vianames as a result of the modified Dispute Resolution policy no fees will be refunded to you.
You agree that if a dispute arises as a result of one or more domain names you have registered using Vianames, you will indemnify, defend and hold Vianames harmless as provided for in this agreement. You also agree that if Vianames is notified that a complaint has been filed with a governmental, administrative, or judicial body, regarding a domain name registered by you using Vianames, that Vianames, in its sole discretion, may take whatever action Vianames 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. In this event, you agree to hold Vianames harmless for any action taken by Vianames.
Transfer of Domain Names
If you transfer any domain name you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Transfer Agreement. You may view the current version of our Domain Transfer Agreement at: http://www.vianames.net/legal/transfer.
You agree to inform any customer of yours, who may be acquiring a domain name through you using Vianames’s registration services, that they are in fact registering their domain name through Vianames and that Vianames is an accredited registrar with ICANN and/or the applicable Registry. You agree not to represent that you are an ICANN and/or the applicable Registry accredited registrar or that you are in any way providing superior access to the applicable Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your web site.
You agree to obtain each of your customers’ acceptances of Vianames’s then current Domain Registration Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customer’s accept additional terms and conditions that are not required by Vianames, you agree that such additional terms and conditions shall not conflict with Vianames’s Domain Registration Agreement and the policies and business procedures adopted by ICANN and/or the applicable Registry.
You agree that Vianames is not lending You access to its registrar connections or its registry access, nor will You be deemed to be a registrar in Your own right. Furthermore, You agree You will not attempt to gain access to Vianames’s registrar connections or registry access. You agree to provide complete, accurate, and current data for each registrant to be added to a registry in accordance with ICANN and/or the applicable Registry requirements for inclusion in the Whois database.
You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within 5 business days, provide such information to Vianames so Vianames may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide Vianames copies of same.
Vianames Privacy and Security
Suspension of Services
You agree that, in addition to other events set forth in this agreement, your ability to use any of the services provided by Vianames is subject to cancellation or suspension in the event there is an unresolved breach of this agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN and/or the applicable Registry.
Breach of Agreement
in writing or electronically (i.e. email). In the event you do not provide Vianames with material evidence that you have not breached your obligations to Vianames within ten (10) business days, Vianames may terminate its relationship with you and take any remedial action available to Vianames under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain names and discontinuing any services provided by Vianames to you. No fees will be refunded to you should your agreement be cancelled or services be discontinued because of a breach. Vianames’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
Restriction of Services
You agree not to use the services provided by Vianames, or to allow or enable others, to use the services provided by Vianames for the purposes of: The transmission of unsolicited email (SPAM) Repetitive, high volume inquires into any of the services provided by Vianames (i.e. domain name availability, etc.).
Right of Refusal
You agree that Vianames, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Vianames also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place. Vianames may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to: activities designed to defame, embarrass, harm, abuse, threaten, slander, or harass third parties; activities prohibited by the laws of the United States and/or foreign territories in which You conduct business; activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism, and child pornography; activities that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; and activities designed to harm minors in any way. In the event EnCirca refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to EnCirca in connection with the registration either being canceled or refused. In the event EnCirca deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
Limitation of Liability
You agree that Vianames’s entire liability to you under this agreement, and your only remedy, in connection with any service provided by Vianames to you under this agreement, and for any breach of this agreement by Vianames, shall be limited to the fees you paid to Vianames for the particular service in contention.
VIANAMES AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY TO USE ANY OF VIANAMES’S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES. BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY FOR CERTAIN TYPES OF DAMAGES, Vianames’S LIABILITY SHALL BE LIMITED TO THE SMALLEST AMOUNT PERMITTED BY LAW.
VIANAMES DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
- access delays or interruptions to our web site or domain name registration system
- data non-delivery or misdelivery between you and Vianames
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain name or the use of a domain name
- the failure for whatever reason to renew a domain name registration
- the unauthorized use of your account with Vianames or any of the services provided to you by Vianames
- errors, omissions or misstatements
- deletion of, failure to store, or failure to process or act upon email messages
- processing of updated information to your registration record
- development or interruption of your web site
- errors taking place with regard to the processing of your application
- application of Vianames’s Dispute Resolution Policy
- any act or omission caused by you or your agent (whether authorized by you or not)
You agree to release, defend, indemnify and hold harmless Vianames and its contractors, agents, employees, offices, directors, shareholders, and affiliates from and against any losses, damages or costs, including reasonable attorney’s fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Vianames whether or not on your behalf, and whether or not with your permission) use of the services provided by Vianames. Should Vianames be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Vianames may seek a written confirmation from you concerning your obligation to indemnify Vianames. Your failure to provide such a confirmation may be considered a breach of this agreement.
For .com, .net, and .cc domain names: You agree to indemnify, defend and hold harmless VeriSign, Inc., and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration.
For .us domain names: You agree to indemnify and hold harmless NeuStar, the .US Registry, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) .US domain name registration and (ii) use of any .US registered domain name. This indemnification shall survive the termination or expiration of the this Registration Agreement.
For .info domain names: You agree to indemnify, defend and hold harmless Afilias, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
For .org domain names: You agree to indemnify, defend and hold harmless Public Interest Registry (PIR), and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Item Holder’s registration. You agree that this indemnification obligation shall survive the termination or expiration of this Registration Agreement.
The Registered Name Holder agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its 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 relating to the Registered Name Holder’s domain name registration and or use. Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
For .4U.com domain names: You agree to indemnify, defend and hold harmless the 4U.com Registry Operator, and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder’s domain name registration. You agree to be bound by any registry rules, policies, and agreements for this TLD. The registration policies for this TLD are available online and are incorporated herein.
Representation and Warranties
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done so in good faith and that you have no knowledge of it infringing upon or conflicting with the legal rights of a third party or a third party’s registration, trademark or trade name. You also warrant that the domain name being registered will not be used in connection with any illegal activity.
You agree that Vianames makes no representations or warranties of any kind in connection with this agreement and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name you register with Vianames.
Vianames expressly reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, pursuant to any Registrar or Registry adopted policy, to correct mistakes by Vianames or the applicable Registry in registering the name or, to protect the integrity and stability of the registry, to comply with any applicable national, state or local laws, government rules or requirements, regulation or court orders, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Vianames, as well as its affiliates, subsidiaries, officers, directors, and employees. Vianames also reserves the right to freeze a domain name during the resolution of a dispute.
Disclaimer of Warranties
WE EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT. WE MAKE NO WARRANTY THAT OUR SERVICE(S) WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR-FREE, OR THAT DEFECTS WILL BE CORRECTED. WE DO NOT WARRANT, NOR MAKE ANY REPRESENTATIONS REGARDING THE USE, OR RESULTS OF, ANY OF THE SERVICES WE PROVIDE, IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
You agree that the terms of this agreement are severable. If any part of this agreement is determined to be unenforceable or invalid, that part of the agreement will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties of the agreement. The remaining terms and conditions of the agreement will remain in full force and effect.
You agree that this agreement including the policies it refers to (i.e. our Dispute Resolution Policy, etc.) constitutes the complete and only agreement between you and Vianames regarding the services contemplated herein.
THIS AGREEMENT SHALL BE DEEMED ENTERED INTO IN THE STATE OF MICHIGAN. EXCEPT FOR DISPUTES CONCERNING THE USE OF A DOMAIN NAME REGISTERED WITH VIANAMES, THE LAWS AND JUDICIAL DECISIONS OF KENT COUNTY, MICHIGAN, SHALL BE USED TO DETERMINE THE VALIDITY, CONSTRUCTION, INTERPRETATION AND LEGAL EFFECT OF THIS AGREEMENT. YOU AGREE THAT ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT, SHALL BE BROUGHT IN THE COURTS OF KENT COUNTY, MICHIGAN.
FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THE USE OF THE REGISTERED NAME, THE REGISTERED NAME HOLDER SHALL SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISIDICTIONS, TO THE JURISDICTION OF THE COURTS (1) OF THE REGISTERED NAME HOLDER’S DOMICILE AND (2) THE U.S. DISTRICT COURT FOR THE WESTERN DISTRICT OF MICHIGAN, LOCATED IN GRAND RAPIDS, MICHIGAN, USA.
Waiver of Trial by Jury
YOU AGREE TO WAIVE THE RIGHT TO TRIAL BY JURY IN ANY PROCEEDING THAT TAKES PLACE RELATING TO OR ARISING OUT OF THIS AGREEMENT.
You agree that all notices (except for notices concerning breach of this agreement) from Vianames to you may be posted on our web site and will be deemed delivered within thirty (30) days after posting. Notices concerning breach will be sent either to the email address you have on file with Vianames or mailed first class postage to the postal address you have on file with Vianames. In both cases, delivery shall be deemed to have been made five (5) days after the date sent.
Notices from you to Vianames shall be made either by email, sent to the address we provide on our web site, or first class mail to our address at:
11201 N Tatum Blvd Ste 300 PMB 84304
Phoenix, Arizona 85028-6039
Delivery shall be deemed to have been made by you to Vianames five (5) days after the date sent.
Domain names registered through Vianames may be pointed to a “Now Registered!” Web page which informs visitors that the registrant has registered their domain name via Vianames.
The Now Registered! Web page may be modified at any time by Vianames without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Vianames, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface.
If for any reason you do not wish to have the domain name you have registered pointed to the Now Registered Web page described above, you can have your domain pointed to a generic parking page that does not contain any third party links. You may also elect to have no parking page at all. Please contact our Customer Support team to request one of these options.