Last Updated: May 15, 2017 - © BARBERO & ASSOCIATES. All Rights Reserved.
BARBERO & Associates Ltd Service Agreements:
The Domain Name Registration Agreement (this “Agreement”) is entered into by and between BARBERO & Associates Ltd, a Company registered in England and Wales ("BAL") 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 BAL’s Domain Name Registration services ("Domain Name Registration”, “Registered Name”, “domain registration” or the “Services”).
The terms "we", "us" or "our" shall refer to BAL. 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 BAL Terms of Service Agreement (BTOS), 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 United Kingdom, 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 BAL from time to time. The operative and effective version of this Agreement and Policies is found at http://www.barbero.co.uk/domain-name-registration-agreement/.
Amendments. BAL 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.barbero.co.uk/domain-name-registration-agreement/. 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.barbero.co.uk/domain-name-registration-agreement/ to review the most current versions thereof. BAL 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 BAL account (“Account”) information is always current. If BAL sends out email notices, BAL 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 BAL’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 BAL 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 BAL 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 BAL 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 BAL (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:
- 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;
- is threatening or invades another person's privacy or property rights or otherwise breaches any rights of or duty to a third party;
- 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;
- infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
- violates any applicable local, state, national or international law or regulation;
- promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
- 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 BAL, 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 BAL 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.
Third Party Liability for Leased Domains. You agree that if a domain name is licensed or leased to a third party, you are still responsible for providing accurate technical and administrative contact information. You agree to accept liability for any third parties you authorize to use your domain name for harm and wrongful use, unless you disclose current contact information of the licensee and the identity of the licensee within seven (7) days of a party providing you with reasonable evidence of actionable harm.
4. Domain Name Registration, Renewal, and Expiration
Mediator. You understand and agree that in the procurement, registration, and administration of domain names, BAL 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 BAL 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 BAL is BARBERO & Associates Ltd – www.barbero.co.uk. And used herein, the terms “Registrar” shall refer to BARBERO & Associates Ltd.
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”). BAL represents the Registrar, an ICANN accredited registrar, and as such you acknowledge, understand and agree that BAL is bound by its agreement with its Registrar and thus also with ICANN. You acknowledge, understand and agree that BAL 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:
- 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.
- 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.
- To read the Registrants' Benefits and Responsibilities at http://www.icann.org/en/resources/registrars/registrant-rights/benefits
- To read the Registrant Educational Information at http://www.icann.org/en/resources/registrars/registrant-rights/educational
- Material change of Registrant regarding gTLDs:
- The Transfer of domains names that are governed by ICANN's Transfer Policy (http://www.icann.org/transfers/).
- 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:
- Explicitly accepting the change through the API or Control Panel or only in the case of the Old registrant through their registrant email; or
- 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.
- BAL as Designated Agent for New Registrant. Direct registrant name holders with BAL acknowledge and authorize BAL to be their Designated Agent for all New Registrant material change confirmations.
- Procedure. Both, Old Registrant and New Registrant or one of their respective Designated Agents understand, acknowledge and agree that:
- BAL is solely responsible for the electronic processing of the change of registrant.
- Old Registrant and New Registrant are solely responsible for the legal validity of the transfer of the domain name.
- confirmation to material changes of the Registrant have to be made as set forth by the ICANN Transfer Policy
- 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.
- the Old Registrant might receive an email in order to confirm any change. The Old Registrant is obliged to contact BAL as soon as possible, latest fourteen (14) days of receipt of the email if the Old Registrant wants this change to be executed
- BAL assumes no liability for any inquiries in regards to the Change and the Old Registrant or the respective Designated Agent will indemnify and hold BAL harmless if any such inquiries occur. In particular shall BAL have no liability related to the validity of the New Registrants entitlement to the domain name
- the domain might be locked to prevent transfer to a different registrar for 60 day according to the ICANN Transfer Policy.
- 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.
- 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 BAL 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 BAL, 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 BAL. 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 BAL, 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 BAL 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 BAL 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.
- 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.
- Automatic renewal. To avoid any risk of unintentional expiration and loss of a Registered Name, if BAL has not received any instructions from you after having informed you in due time about a deadline for the renewal of a Registered Name, BAL shall, without giving any further previous notice to you, renew the Registered Name. Should you decide not to renew a Registered Name, you shall send a written notice expressly indicating that it shall not be renewed to BAL via email at email@example.com and in CC to firstname.lastname@example.org not later than sixty (60) working days before the expiration date of the Registered Name. Should you, for any reason, fail to send the written notice within the time limit stated above, BAL will renew the Registered Name and charge all applicable fees to you. All renewal fees shall be non–refundable in all circumstances, including the event of termination for any reason of the contract between you and BAL.
- Expiration of Domain Name. Registered Names that are let expire according to your instructions or in the case of unpaid invoices mentioned in the prior clause will be removed from the respective Registry's root zone file and will no longer resolve. You acknowledge, understand, and agree, in such cases, to release and hold BAL completely harmless against any claim for damage or loss arising from the failure to renew a Registered Name.
- Renew Grace Period After Expiration. BAL 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. BAL 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. BAL 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 BAL, 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 BAL 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 BAL, you will indemnify, defend and hold BAL harmless as provided for in this Agreement. You also agree that if BAL receives a complaint from a governmental, administrative or judicial body, regarding a domain name registered by you using BAL, that BAL, in its sole discretion, may take whatever action BAL 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 BAL 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 BAL 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.
Third Party Notification and Disclosure as it pertains to Privacy of Data. You hereby consent and give permission for all such requirements and disclosures. 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.
7. Payment of Fees
BAL 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 BAL Universal Terms of Service.
- BAL will invoice you the yearly fees agreed by contract upon the activation of a new Registered Name and, for a Registered Name activated since more than one year, 30 days prior to its due date for renewal.
- Subject to the receipt of the corresponding invoice, you shall pay the fees within thirty (30) days of receipt of invoice, unless a longer term is expressly agreed in the contract between you and BAL.
- Fees are non-refundable, in whole or in part, even if the Registered Name should be suspended, cancelled or transferred prior to the end of current registration term.
- If any sum payable under this Agreement is not paid within 60 (sixty) days after the due date, interest shall be charged on such sum on a day to day basis from the date for payment to the date of actual payment at the rate of three per cent (3%) above the base rate of Lloyds TSB Bank plc from time to time compounded quarterly.
- Notwithstanding the above, should you not settle the invoices issued within 18 (eighteen) months after the due date, BAL may refuse to further renew a Registered Name upon the expiry of 30 (thirty) days from your receipt of a written notice sent by BAL. You also agree and confirm to indemnify and hold BAL harmless in respect to all claims, demands, liabilities, costs and/or expenses resulting your failure to secure payment with BAL.
- In the event of termination, for any reason, of your agreement with BAL, and in case of transfer of your Registered Names to another registrar, BAL shall invoice you all outstanding fees, including but not limited to the renewal Fees to be paid according to your contract with BAL.
- In the event of termination by you due to the transfer of a domain name to another registrar, you shall pay the professional fees and disbursements incurred by BAL in order to retrieve the information and perform the activities needed to enable the transfer out procedures.
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 BAL, 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:
- To correct mistakes made by registry or any registrar in connection with a domain name registration
- To facilitate the transfer of domain from one registrar to another;
- The non-payment or reversal of fees (Payment)
- To protect the integrity and stability of a registry
- To comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process
- To comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement;
- To avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees
- An occurrence of any of the prohibited activities described in Section 3.5
- 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 BAL 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 BAL. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.