Last modified: 29 September 2023
Please take the time to read and understand these Domain Service Terms (“Domain Service Terms”).
These Domain Service Terms govern our provision of and your use of services relating to domain name registration and domain hosting, that we make available under various Brands at Site Arrow (“Domain Service(s)”) including where such Domain Service(s) form part of a Product packaged with additional Service(s) from us.
By using or purchasing a Product that includes Domain Service(s), you are entering into a binding Contract with us for such Domain Service(s), and acknowledging that you have read, understood, accepted and agreed to be bound by these Domain Service Terms as well as the following:
a) General Terms
b) Acceptable Use Policy
c) Refund Policy
d) Support Policy
e) Privacy Policy
All of which are incorporated herein by reference into our Contract with you for the Domain Service(s).
Capitalized terms used and not otherwise defined herein shall have the meanings set forth in the General Terms. In the event of a conflict between these Domain Service Terms and the General Terms, these Domain Service Terms shall prevail to the extent that it relates to the Domain Service(s).
1. ACCOUNT INFORMATION AND WHOIS INFORMATION
1.1 By completing and submitting an order to us for the registration of your domain name, you represent, warrant and undertake:
(a) that you will submit all contact information as we may require from time to time for the purpose of registering and maintaining your domain name (and you acknowledge that these requirements may change from time to time);
(b) that all information submitted by you (“Account Information“) is current, complete and accurate;
(c) that you will maintain and update the applicable WHOIS and Account Information as needed to keep it current, complete and accurate at all times;
(d) that registration of the selected domain name, does not interfere with or infringe upon the rights of any third party; and
(e) that the domain name is not being procured for any improper or unlawful purpose, including the unlawful transfer to yourself or any other party of any domain name, distributing malware, abusively operating botnets, phishing, pharming, piracy, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.
1.2 You are responsible for regularly monitoring communications sent to your email address or Account. You may lose your rights to your domain name or your right to receive the Domain Service(s) if you do not respond appropriately and in a timely manner to our communications sent in conjunction therewith.
2. SHARING OF WHOIS INFORMATION
2.1 We will make available the Account Information you provide or that we otherwise maintain to the following parties: the Registrar, ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN, registry administrators and/or applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name.
2.2 You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information by us as aforesaid. We may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with us. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
2.3 ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN’s guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
2.4 You consent to the data collection, processing, disclosure and use of your information by us as aforesaid.
3. REGISTRY POLICIES
3.1 You agree to be bound by all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain (“TLD”) in which you register any domain (“Registry Policies”). It is your responsibility to visit the applicable TLD site and read and review all applicable Registry Policies prior to your registration in the TLD.
4. COMPANY AS RESELLER
4.1 You acknowledge that we act as a reseller of domain name registration and/or domain hosting services.
4.2 When you apply with us to register a domain, your request is transmitted to the following Third Party Provider(s) (“Registrar(s)”), who will complete such request pursuant to their terms and conditions, policies and procedures (including their privacy policy) governing such services (“Registrar Terms”). You may access these terms from such Registrar’s website and the following links which are reproduced below for your convenience:
Registrar for .scot TLD: Dynadot Inc
Registrar for all other TLDs: NameSilo, LLC
4.3 You agree to be bound by and to comply with the Registrar’s Terms as they apply to your use of the Domain Service(s) we provide and your domain name registered thereby. In the event of any conflict or inconsistency between the Registrar Terms and our Terms of Service, our Terms of Service shall apply.
4.4 We are not liable or responsible in any way for any acts, errors or omissions by the Registrar relating to your domain names including any actions arising out of or related to a request to register, renew, modify the settings for, or transfer your domain name.
4.5 You acknowledge that due to the mechanics of domain name registration, we cannot guarantee that your domain name will be registered.
4.6 After registration, it is your responsibility to ensure your domain name does not lapse and is renewed in a timely manner and we are not responsible for any lapse or any damages caused thereby. We will make commercially reasonable efforts to renew any domain names that are set to auto-renew. Notwithstanding the foregoing, any such renewal of your domain name is your sole responsibility and we shall not be liable for the failure of any renewal or auto-renewal of your domain names, the expiration thereof or the registration of any expired domain by a third party.
5. SUSPENSION AND TERMINATION OF SERVICES
5.1 We may reject your domain name registration application for any reason.
5.2 You acknowledge and agree that in the event of any breach of these Domain Service Terms by you, we shall be entitled to take such action as we may deem appropriate against you, including the suspension and/or termination of your Subscription, Account and/or the provision of any Domain Service(s) to you, pursuant to the General Terms.
5.3 Without prejudice to the generality of the foregoing and any other rights and remedies which we may have at law or under the Terms of Service, we may terminate or suspend the Domain Service(s) forthwith at any time for cause, which includes:
(a) any cause in respect of which the Registrar may terminate or suspend any services comprised in the Domain Service(s) under the Registrar Terms;
(b) any breach of or failure to comply with the Registrar Terms and our Terms of Service;
(c) failure to keep your Account or WHOIS information accurate and up to date; and/or
(d) failure to respond to inquiries from us and/or the Registrar in a timely manner.
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