Updated: October 13, 2022
By using our services, you are agreeing to the following terms of service:
The Terms of Services/Acceptable Use Policy for Web Services is an agreement between Ness Web Solutions, LLC of N9560 Buchert Lane, Watertown, WI 53904 here as known by “Host”, and the client who signed the General Contract for Web Services, here as known by “Client” or “You”. The “Host” will also be used to refer to its employees, agents, or representatives.
“Agreement” refers to this document.
“Website” refers to the Client’s website
“Services” refers to Domain Name Registration Services provided by the Host, where the Host acts as the Domain registrar.
“Registrant” refers to the individual or organization who registered a domain name
“Domain” or “Domain Name” refers to the Client’s registered domain name
By using our domain name registration services, the Client agrees to the following terms of service:
1. CUSTOMER SERVICE. The Host shall consult with the Client via telephone or electronic mail about how to use of the system on the terms set forth in the Agreement.
2. CHANGES TO THIS STATEMENT. Ness Web Solutions, LLC may change this agreement from time to time based on needs from the Host, our service provider(s), government laws or policies, the Internet Corporation for Assigned Names and Numbers (ICANN), or other applicable entities. When we know about changes that will impact this policy, we will do our best to notify you 30-days prior to changes affecting your account. However there may be times where we are not able to provide you a 30-day notice prior to changes to this Agreement, in that case we will notify you as soon as possible. We will send notifications of changes to the primary email account listed in the account. Your continued use of our services after such modifications will constitute your: (a) acknowledgment of the modified Terms of Service/Acceptable Use Policy; and (b) agreement to abide and be bound by that Terms of Service/Acceptable Use Policy.
3. ICANN ACCREDIATION. We are not an ICANN domain name registrar. We are a reseller of domains names from ICANN-accredited domain registrars. We are not ICANN accredited due to our small size of domains registered through us.
a. As a domain registrant you are encouraged to read this documentation: https://www.icann.org/registrants#:~:text=As%20a%20domain%20name%20registrant,restoring%20your%20domain%20name%20registration.
3.2 ICANN REGISTRANTS’ BENEFITS AND RESPONSIBILITIES. https://www.icann.org/resources/pages/benefits-2013-09-16-en
4.1 WHOIS. When domains are registered there is certain information which must be provided and shared by the Client when registered their Domain. This information must be kept up to date at all times with current, accurate, and complete information. The Client must provide the following information about the administrative, technical, and billing contacts for the Domain: full name of the individual, full address, email address, phone number, if applicable fax number. The Client must also provide the name of an authorized individual in the event the Domain owner is an organization. The Client is also required to provide other information as listed in the 2012 ICANN RAA (Registrar Accreditation Agreement) sections 126.96.36.199, and 188.8.131.52. The information the Client is required to provide may change, and the Client must keep their information up to date at all times. If there is a change, the Client must update or report the Change to the Host within 7 days of the change. (Content from NameSilo, LLC Terms and Conditions)
4.2 UPDATES TO WHOIS RECORDS. The information provided must be accurate, complete, and current. Any information that is not accurate, complete, or current must be corrected within 7 days. Failure to provide accurate, complete, and current information will constitute as an incurable material breach of this Agreement, and may lead to domain name services being suspended or even cancelled without refund. The Client may contact the Host to provide updated information or when available may update it themselves within their Client Portal on the Ness Web Solutions website.
4.3. RESPONSE FOR INFORMATION. The Client must respond to all correspondence regarding concerns of the accurate of contact details associated with the Domain Name, failing to immediately update information, or engaging in any Illegal Uses will constitute as an incurable material breach of this Agreement, and may lead to the domain name services being suspended or even cancelled without refund. Failure of the Client to respond for over 3 calendar days to inquires regarding the accuracy of Account and WHOIS contact information will constitute as an incurable material breach of this Agreement, and may lead to the domain name services being suspended or even cancelled without refund. The Client must check their email and postal mail regularly for updates or inquiries about the Domain Name or other domain name related services. Failure to do so may result in the domain being suspended or cancelled without refund.
4.4 SHARING OF WHOIS INFORMATION. (Content from NameSilo, LLC Terms and Conditions)
4.4.1. We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN, registry administrators and 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. You irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. 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.
4.4.2. 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/.
4.4.3. You consent to the data processing referred to above.
4.4.4. The Host will not process the personal data collected from you in a way incompatible with the purposes and other limitations about which we provide notice to you within our terms.
5. DOMAIN NAME REGISTRATION. We are not an accredited domain registrar, but we utilize accredited domain name registrars for our domain name services. Domain name registration are not effective until the domain registry administrators put them into effect. Domain name registrations are only for limited terms which end on a set expiration date. There are NO lifetime domain name registrations. For domain names which are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations which were not returned to the pool of available domain names, the term begins on the date the previous registrant’s domain name registration was acknowledged by the applicable registry.
6.1. LIABILITY. We are not liable and are not responsible if the Domain Name or services used in conjunction with the Domain Name infringe on legal rights of others.
6.2. LEGAL PROCEEDINGS. In the event of a legal proceeding where the Domain Name is in question, you are responsible for keeping WHOIS information up to date, to ensure you do not miss any emails associated with the Domain Name. At times during a legal proceeding we may be ordered to cancel, transfer, or modify your Domain Name. It is our policy to comply with legal orders and the Client’s responsibility to address the legal proceedings through appropriate measures.
7. PARKED DOMAINS. We offer domain parking, where we will create and host a small site that will be available to your domain visitors. The site content will exclusively be controlled by the Host. Ads will be served on the site, and by parking your domain with us, you are agreeing that you allow the Host to keep 100% of any advertising revenue.
8. DOMAIN REGISTRATION SERVICES. The Host reserves the right to not offer domain name registration services to anyone for any reason. The Host reserves the right to not allow the renewal of a currently registered Domain Name for the next term, with given a 30-day notice of renewal services not being available.
9.1. CONTENT. The Client represents that it is thye owner or valid licensee of all data or content it will upload in connection with the Services (collectively, the “Content“) and that it has secured all necessary licenses, consents, permissions, waivers, and releases for the use of the Content.
9.2. HOST USE OF CONTENT. The Host may use the intellectual property of the Client to do the following, to the extent necessary to perform the Services:
- digitize, convert, install, upload, select, order, arrange, compile and synchronize, use, reproduce, store, process, retrieve, transmit, and hyperlink the Content; and
- make archival or back-up copies of the Content.
- provide domain name registration services acting as the domain registrar.
10. SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES. We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) illegal conduct, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over three (3) calendar days, (vii) if your use of the Services involves us in a violation of any third party’s rights or acceptable use policies, including but not limited to the transmission of unsolicited email, the violation of any copyright, or the distribution of any form of malware (defined to include, without limitation, malicious code or software that might affect the operation of the Internet), (viii) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement or other governmental agency or organization, or any dispute resolution process, (ix) to avoid any liability, civil or criminal, on the part of us, as, well as its affiliates, subsidiaries, officers, directors, and employees, (x) to protect the integrity, security and stability of the Domain Name system (DNS), or (xi) failure to respond to inquiries from us regarding payment inquiries for over 24 hours. . (Content from NameSilo, LLC Terms and Conditions)
11.1. NATURE OF WEBSITE CONTENT. The Client shall not do any of the following with their Domain Name:
- use the Services under this Agreement to transmit or post any material that contains or contains links to discriminate against anyone based on race, color, creed, ethnicity, sexual orientation, gender identity, gender expression, sex, national origin, religion/faith/spirituality, marital status, ancestry, age, disability, or any other protected class at the federal, state, or local levels;
- use the Services to transmit or post any material that contains or links to content that is promoted by any hate group, including but not limited to Neo-Nazi, Ku Klux Klan, Anti-LGBTQ+, White Nationalism, Proud Boys, etc…;
- use the Services to transmit or post any material that contains or links to content that promotes the overthrowing, insurrection, coup, or attempted coup of the US Federal Government, US States or Territories Governments, or local governments that are located within the United States or its territories, or promotes non-factual information surrounding elections and voting;
- use the Services to transmit or post any material that contains or links to content that promotes domestic or international terrorism, domestic or international terrorist groups/organizations, or acts perpetrated by domestic or international terrorist activities;
- use the Services under this Agreement that contains or contains links to child pornography, harm, attempt to harm, conspire to harm, or be unethical to minors in any way;
- use the Services under this Agreement to transmit or post any material that harasses, threatens, or encourages bodily harm or destruction of property, or extreme violence.;
- use the Services under this Agreement to make fraudulent misrepresentations or offers, including offers relating to “pyramid schemes” and “Ponzi schemes”;
- use the Services under this Agreement to access, or attempt to access, the accounts of others, or to penetrate, or attempt to penetrate, security measures of the Host or another entity’s computer software or hardware, electronic communications system or telecommunications system, whether or not the intrusion results in the corruption or loss of data;
- use the Services under this Agreement to transmit or post any material that infringes any copyright, trademark, patent, trade secret or other proprietary rights of any third party, including the unauthorized copying or distribution of copyrighted material, the digitization and distribution of photographs from magazines, books, music, video or other copyrighted sources, and the unauthorized transmittal of copyrighted software;
- use the Services under this Agreement to collect, or attempt to collect, personal information about third parties without their knowledge or consent, or be tortious or invade the privacy of anyone;
- use the Services under this Agreement for any activity that adversely affects the ability of other people or systems to use the Services or the Internet. This includes “denial of service” attacks against another network host or individual user. Interference with or disruption of other network users, network services, or network equipment is prohibited;
- use the Services under this Agreement for the transmission of unsolicited email, unauthorized repetitive high volume inquiries into the services provided by us or a third party;
- use the Services under this Agreement to transfer domain name illegally from a different registrar without the prior Registrant’s knowledge
11.2. USER GENERATED CONTENT. The Client is required to have adequate and sufficient policies and procedures to manage and moderate website user generated content. The Client is required to have enough user generated content moderators to be able to effectively enforce the rules and policies of the service/website.
11.3. CONTENT RULING. Ness Web Solutions, LLC or our registrar NameSilo, LLC will be the sole judge of content on whether it violates this agreement.
12. ABUSE OF SERVICES. In the event of Abuse of Services you are required to report the abuse to Ness Web Solutions, LLC and our domain registrar NameSilo, LLC through the following links:
a. Ness Web Solutions, LLC Abuse of Services Page: https://nesswebsolutions.com/abuse/
b. NameSilo, LLC Abuse of Services Page: https://www.namesilo.com/support/v2/articles/policies/abuse-reporting-procedures
13. WARRANTY AGAINST UNLAWFUL USE. The Client shall use Services only for lawful purposes and in accordance with all valid federal, state, and local laws and regulations from the United States and any other territories that the Client operates in, whether or not specifically prohibited elsewhere in this Agreement. Failure to abide by the terms of this paragraph shall be grounds for immediate termination of Client’s account for cause and the Client will not be subject to any refund, loss of use, or any other compensation.
14.1 FAILURE TO ABIDE/VIOLATIONS. In the event the Client used the Domain Name in connection with anything that violates this agreement, the Host will typically give the Client 24 hours to cure the violation. If the Client fails to cure the violation in 24 hours, the Host reserves the right to suspend or cancel domain name services without refund, and/or assess a fee of $100 per violation. If the Host has to make changes to client content, the Client will be billed at $100 per hour worked, billed in 15 minute increments. In some instances of content violation, the Host can immediately cancel domain name services, without notice or refund.
14.2. FORCE CANCELLATIONS. If the domain name services are canceled by the Host due to violation of this agreement, the Client or Registrant are not subject to any refund, loss of use, or any other compensation.
14.2. FEES PASSED ALONG. If the Host is assessed any fee by any service partner, agency, or governmental entity, or other source for the content of the Clients website or for violating any 3rd party service agreement as listed above, the Client will be responsible for those fees.
14.3. FEE AMOUNTS. The Client will be charged the exact fees charged to the Host, along with a Host fee for the violation of $100.00 per violation.
14.4. CHILD ENDANGERMENT. If a website violates this agreement in regards to harming, conspiring to harm, or anything related to child endangerment, the account will be terminated immediately without notification, and the Client, website, and all individuals affiliated with the will be reported to law enforcement and the National Center for Missing and Exploited Children (NCMEC). There will be no refunds given in this instance, and the Client’s account will be permanently terminated. Section 14.2 of Force Cancellations also applies in this instance.
15. NO WARRANTY; LIMITATION OF DAMAGES:
- Client expressly agrees that use of Services provided by Host is at Client’s sole risk.
- Host, its agents, affiliates, licensors or the like, do not represent or warrant, expressly or impliedly, that their services will not be interrupted or error free; nor do they make any warranty as to the results that may be obtained from the use of their services or as to the accuracy, reliability, or content of any information service or merchandise contained in or provided through their services, unless otherwise expressly stated in this Agreement.
- Host, its officers, agents, or anyone else involved in providing services shall not be liable for any direct, indirect, incidental, special, or consequential damages that result from the use or inability to use services; or for any damages that result from mistakes, omissions, interruptions, deletion of files, errors, defects, delays in operation, or transmission, or any failure of performance, whether or not limited to acts of god, communication failure, theft, destruction, or unauthorized access to Host’s records, programs, or services.
- Host makes no warranties or representations of any kind, express or implied, for the services it is providing. Host also disclaims any warranty of merchantability or fitness for a particular purpose and will not be responsible for any damages that may be suffered by Client, including loss of data resulting from delays or non-deliveries.
16. DOMAIN REGISTRAR AGREEMENTS: We utilize Name Silo, LLC as our ICANN-Accredited registrar. By using our Domain Name Registration Services, you are Agreeing to the following NameSilo, LLC policies:
a. Terms & Conditions: https://www.namesilo.com/support/v2/articles/general-terms/terms-and-conditions
b. Change of Registrant: https://www.namesilo.com/support/v2/articles/policies/change-registrant
c. Abuse Reporting Procedures: https://www.namesilo.com/support/v2/articles/policies/abuse-reporting-procedures
d. TLD-Specific Details: https://www.namesilo.com/support/v2/articles/policies/tld-specific-details
f. GDPR Policies: https://www.namesilo.com/Support/GDPR-Policies
17. SECURITY. The Host shall handle all content in accordance with industry best practices for securing the website and the data and the terms of this agreement. Client is ultimately responsible for ensuring their website is secure, and is responsible for using secure passwords.
18. PATENTS, COPYRIGHTS, TRADEMARKS, AND OTHER INTELLECTUAL AND PROPRIETARY RIGHTS. Except for rights expressly granted herein, this Agreement does not transfer any intellectual or other property or proprietary right to Client. Client agrees that all right, title, and interest in any product or service provided to Client belongs to Host. These products and services are only for Client’s use in connection with Services provided to Client as outlined in this Agreement.
19.1. HOST PROPERTY RIGHTS. All tools, know-how, and technology leased or licensed to the Host with respect to the hosting of the Website are the sole property of the Host, and the Client has no ownership or other intellectual property rights in or to such items
19.2. CLIENT PROPERTY RIGHTS. All text, graphics, photos, designs, trademarks, hyperlinks, or other content on the Website are the property of the Client, and the Host has no ownership or other intellectual property rights in or to such items.
20. HARDWARE, EQUIPMENT, AND SOFTWARE. Client is responsible for and must provide all phones, phone services, computers, software, hardware, and other services necessary to access their data. Host makes no representations, warranties, or assurances that Client’s equipment will be compatible with Host Services.
(All Content in Section 21 – Section 25 are copied directly from our domain registrar NameSilo, LLC Terms & Conditions as of June 10, 2022.)
21.1. TRANSFERS. Transfer of your domain name(s) services shall be governed by ICANN’s transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en as well as the UDRP as described in the Dispute Resolution Policy of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP “AuthCode” which is required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN’s transfer policies. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
21.2. REGISTRAR LOCK. We may place a “Registrar Lock” on your domain name services and this will prevent your domain name services from being transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.
21.3. You may cancel incoming transfer requests at any time before they are completed up to 59 calendar days from the initial transfer order. Canceling a transfer request will entitle you to a refund of the transfer cost, minus processing fees. YOU WILL NOT BE ENTITLED TO A REFUND IF YOU CANCEL YOUR TRANSFER REQUEST AFTER THE 59 DAY TIME LIMIT.
21.4. In the event we receive a request from a different registrar to transfer your domain away, you may be presented with an option to approve the transfer without waiting the standard 5-7 days for registry release. Any such approval grants us the right to approve the transfer immediately. We also reserve the right to approve outbound transfers at any time during the transfer process. In the event either you or we approve an outbound transfer, the transfer will complete within 15 minutes.
21.5 Certain transfers may not be eligible for the 1-year extension associated with most transfers. For example, domains renewed within 45 days of transfer or domains already registered for more than 9 years will not get extended by a year upon transfer completion. Registries apply the extra year, registrars do not. Therefore, if the registry is unable to extend the expiration by a year, then one year will not be added to your domain transfer.
22.1 DNS SERVICES. The Domain Name System (DNS) is a hierarchical naming system built on a distributed database for computers, services, or any resource connected to the Internet or a private network. It associates various information with domain names assigned to each of the participating entities. Most importantly, it translates domain names meaningful to humans into the numerical identifiers associated with networking equipment for the purpose of locating and addressing these devices worldwide.
As a convenience to our customers, we offer DNS hosting service with all domain registrations. Use of this service is entirely optional. You may opt to use another DNS service provider at any time by associating different authoritative name servers with the applicable domains as needed. By using the DNS service we offer, you hereby acknowledge and agree to the following:
DNS is a critical service responsible for all facets of domain use. Incorrect configuration of DNS as it relates to your domains can lead to problems such as: Web site(s) not loading or Email can stop working.
- You should only make DNS modifications if you fully understand the implications of doing so, understand how DNS works, have the technical expertise to verify the modifications were propagated properly to the associated authoritative name servers, and are prepared to fully test the impact of the modifications as soon as they take effect.
- We make absolutely no guarantee whatsoever related to the DNS hosting service. If you need a service level agreement guaranteeing minimum performance or reliability levels, you should use a different DNS service provider who offers such guarantees.
- DNS is a globally distributed database with many interconnected components – the vast majority of which are NOT directly or indirectly under our control. Problems can occur anywhere in the system.
- Many of the distributed nodes in DNS, commonly referred to as recursive resolvers, cache DNS resource records for the time recommended by our authoritative name servers (controlled via the TTL value), or for any amount of time they are configured to do so (they can ignore our recommended time). As a result, changes made to DNS records through us will not immediately propagate to your local systems – the delay can be as long as the maximum TTL setting on the associated records, or longer.
- We, at our sole discretion, reserve the right to provide additional support for DNS related matters, or no support at all.
- Upon domain deletion, domain expiration, transfer of a domain (away from us), and/or the cancellation/termination/suspension/deletion of your account(s), DNS service for the associated domain(s) and/or account(s) will be terminated. It is entirely your responsibility to make alternative DNS service arrangements prior and/or after termination of DNS service as needed if said termination could affect you in any way.
- We, at our sole discretion, reserve the right to make any changes to DNS records we deem necessary to protect the stability of our system.
22.2. DNS SERVICE DISCLAIMER OF WARRANTY. THERE IS NO WARRANTY FOR THE DNS SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING WE PROVIDE THE DNS SERVICE “AS IS” WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF THE DNS SERVICE IS WITH YOU. SHOULD THE DNS SERVICE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR CORRECTION.
22.3. DNS SERVICE INDEMNIFICATION. We use the systems of a third party, DNSOwl.com, to provide all DNS services. You agree to indemnify, defend and hold harmless DNSOwl.com, 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 your domains and/or any DNS related matter.
23. TERMS AND CONDITIONS SPECIFIC TO .COM AND .NET DOMAIN REGISTRATIONS. You agree to indemnify, defend and hold harmless the .COM .and NET Registry Operator, 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.
24. Terms and conditions specific to .ORG domain registrations. You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry, and its subcontractors, shareholders, 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. This indemnification requirement shall survive the termination or expiration of this Agreement.
25. TERMS AND CONDITIONS SPECIFIC TO .US DOMAIN REGISTRATIONS.
25.2. INDEMNIFICATION. You agree to indemnify, defend, and hold harmless NeuStar, Inc., 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 your (i) .us domain name registration, and (ii) use of any .us registered domain name.
25.3 .US CERTIFICATION OF U.S. NEXUS. You certify that you have and shall continue to have a lawful bona fide U.S. Nexus in order to qualify to register and maintain use of a .us registered domain name. You must be, and you certify that you are, either:
- (a) A natural person (i) who is a United States citizen, (ii) a permanent resident of the United States of American or any of its possessions or territories, or (iii) whose primary place of domicile is in the United States of America or any of its possessions (“Nexus Category 1”); or,
- (b) An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia, or any of its possessions or territories (“Nexus Category 2”); or,
- (c) An entity or organization (including federal, state, or local government of the United States, or a political subivision thereof) that has a bona fide presence in the United States of America or any of its possessions or territories (“Nexus Category 3”). If you are claiming Nexus Category 3, you certify that you have a “bona fide presence in the United States” on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America, including, but not limited to, the sale of goods or services or other business, commercial or non-commercial including not-for-profit activities, or maintaining an office or other facility within the United States.
25.4. .US CERTIFICATION OF NAME SERVERS LOCATED IN THE U.S. you certify that the name servers listed by you for any .us domain name registration are located within the United States of America.
25.5. .US CERTIFICATION OF ACCURACY OF REGISTRATION INFORMATION. You acknowledge and agree that we have requested certain information from you during the .us domain name registration process in order to meet the above Nexus requirement, and that you have willingly volunteered such information. You acknowledge and agree that such information will be verified for accuracy and for compliance with the Nexus requirement and will be shared with NeuStar, Inc. You acknowledge and agree that, in order to implement the above Nexus requirement, NeuStar, Inc., will conduct “spot checks” on registrant information.
You understand and agree that your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure to promptly update information, provided to us shall constitute a material breach of this Agreement and shall be a basis for cancellation of the domain name registration, without refund or credit to you. You further understand and agree that if such information cannot be verified for any reason, or if you fail to continue to abide by the Nexus requirements, the domain name registration may be subject to immediate “hold”, rejection, or deletion by either us or NeuStar, Inc., without refund or credit to you. Neither we nor NeuStar, Inc., shall be liable to you for any actions or inactions resulting from your failure to satisfy all Nexus requirements or to provide all required Nexus requirement information in connection with the domain name registration. Neither we nor NeuStar, Inc., shall have any obligation to you to request or attempt to obtain from you additional information in order to establish your compliance with the Nexus requirements.
25.6. .US DISPUTE POLICY. You agree to be bound by the Nexus Dispute Policy (“NDP”) (located at http://www.neustar.us/policies/index.html), which will be administered solely by NeuStar, Inc., or its designated representative.
25.7. .US RESTRICTIONS. You acknowledge and agree that you are not permitted to purchase or use Domain Privacy service in connection with any .us domain name registration.
25.8 .US RESERVATION OF RIGHTS. NeuStar, Inc., reserves the right to “hold”, deny, cancel, or transfer any registration that it deems necessary, in its sole discretion. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by NeuStar, Inc., or other third parties.