Domain Registration Agreement

1. Introduction

This Domain Registration Agreement (“Registration Agreement”) is between you, the person or entity registering a domain or domains, and us, ENVIROWEB LTD (“we,” “us,” or “our”), acting as a reseller for the registrar, ENOM, INC. (“Enom”). By using our domain registration services (the “Services”), you agree to be bound by this Registration Agreement, Enom's registration terms and conditions, and all additional policies referenced herein. Please read this agreement carefully.

1.1 Definitions

In this Agreement:

"Domain Name" refers to the unique identifier that you register through our Services and is listed in the domain name registry.
"Registrant" means the individual or entity that is registering or renewing the Domain Name.
"Registrar" refers to ENOM, INC., the ICANN-accredited registrar responsible for the registration and administration of Domain Names.
"WHOIS" refers to the publicly accessible database maintained by ICANN that lists the registered owners of domain names.
"Services" means the domain registration, renewal, transfer, and related services provided by us.

2. Your Representations

By applying to register a domain name, or by requesting us to maintain or renew a domain name registration, you hereby represent, warrant, and agree that:

2.1 Accuracy of Information

All information provided by you for the purpose of domain name registration, maintenance, or renewal is complete, accurate, and current. You agree to promptly update any information provided if it changes, to ensure continued compliance with this Agreement and the requirements of ENOM, INC. ("Enom") and ICANN.

2.2 Non-Infringement

To the best of your knowledge, the registration, maintenance, or renewal of the domain name does not infringe upon or otherwise violate the intellectual property rights, privacy rights, or any other legal rights of any third party. You acknowledge that it is your responsibility to conduct all necessary due diligence, including trademark searches, to ensure that the domain name does not violate any third-party rights.

2.3 Lawful Use

You are not registering, maintaining, or renewing the domain name for any unlawful purpose or in violation of any applicable laws, rules, or regulations. You agree not to use the domain name in any manner that is defamatory, fraudulent, misleading, abusive, or otherwise harmful, or that violates any local, state, national, or international law or regulation.

2.4 Compliance with Policies

You agree to comply with all applicable policies, rules, and regulations of Enom, ICANN, and any relevant domain name registry. This includes adherence to Enom's Registration Agreement and other applicable policies that govern domain name disputes, renewals, transfers, and any other procedures related to domain name management.

2.5 Assumption of Responsibility

You acknowledge and agree that it is solely your responsibility to determine whether your domain name registration infringes upon or violates someone else’s rights. You assume all risks related to the use, registration, renewal, and maintenance of your domain name, including but not limited to the risk of losing the domain due to third-party claims, legal proceedings, or disputes.

2.6 Indemnification

You agree to indemnify, defend, and hold us, Enom, and any other involved parties harmless from and against any claims, damages, liabilities, costs, and expenses (including reasonable attorneys' fees) arising out of or related to your breach of any representation or warranty set forth in this section or any violation of applicable laws or third-party rights.

By submitting a domain registration, renewal, or maintenance request through our Services, you confirm your agreement to these representations and warranties. Any breach of these representations may result in the suspension, cancellation, or transfer of your domain name, and may subject you to further legal action as determined by us, Enom, or relevant authorities.

3. Our Role and ENOM, INC.

3.1 Reseller Role

As a reseller of domain registration services provided by ENOM, INC. ("Enom"), we facilitate the registration, renewal, and management of domain names on behalf of our customers. While we provide the interface for searching and ordering domain names, Enom is the official registrar responsible for the registration and administration of the domain names. This means that when you register a domain name through our Services, Enom is the entity that officially registers your domain and maintains the records for it in the domain registry.

By using our Services, you agree to comply with both our terms and conditions and Enom's policies, including but not limited to their Domain Registration Agreement, Domain Renewal Policy, and Transfer Policy. The terms and conditions set forth by Enom are binding and govern all aspects of your domain name registration, renewal, and management. For detailed information about Enom’s terms, please refer to Enom's Registration Agreement.

3.2 Limited Control Over Registrar Actions

As a reseller, our role is limited to submitting your domain registration requests to Enom, facilitating the billing process, and providing a management interface through your Enviroweb dashboard and user account. We do not have direct control over Enom's registry functions, policies, or decisions. Enom, as the accredited registrar, is responsible for maintaining the domain name database, processing registration requests, managing WHOIS information, and handling any disputes or compliance issues as required by ICANN (Internet Corporation for Assigned Names and Numbers) and other regulatory bodies.

You acknowledge that all domain registration requests are subject to availability and approval by Enom and the relevant domain registry. We are not responsible for any actions taken by Enom or the registry in processing your domain registration request, including but not limited to the rejection, cancellation, or suspension of a domain name. All domain-related activities, including registration, renewal, transfer, or cancellation, are subject to Enom's policies and procedures.

3.3 Compliance with Prohibited Activities

You agree not to use our Services to engage in any illegal activities or activities prohibited under our Terms of Service. This includes, but is not limited to, using domain names for distributing malware, phishing, spamming, infringing on intellectual property rights, or any other activities deemed harmful or unlawful. You must comply with the "Prohibited Activities" section of our Terms of Service document, and any violation of these policies may result in the suspension or termination of your domain registration and associated services.

4. Domain Name Registration

4.1 Registration Process

When you use our Services to register a domain name, we will submit your registration request to Enom on your behalf. While we strive to process all registration requests promptly, we do not guarantee the availability or successful registration of any domain name. Domain name availability is determined by Enom and the relevant domain registry, and your requested domain name is not considered registered until you receive a confirmation from us indicating that Enom has successfully registered the domain.

4.2 Your Warranties

By using our Services to register a domain name, you warrant that:

The information you provide for the purpose of domain registration is current, accurate, and complete.
You have the legal right to apply for and use the domain name.
Your use of the domain name will not infringe upon any intellectual property rights or other legal rights of any person.
You agree to promptly update your registration information within seven (7) days of any change. Any updates or changes to your registration information may be subject to additional fees as indicated on our site.

4.3 Premium Domains

Certain domains may be classified as "premium domains" by Enom or the relevant registry and may incur additional fees beyond the standard registration price. We may not always be aware of these additional costs before submitting your registration request. If your chosen domain is identified as a premium domain after submission, we will notify you of the higher fee. You will then have the option to either pay the additional amount or cancel the registration request. If you choose to cancel, we will refund any payments you have made for that domain registration.

4.4 Publication of Registration Information

You acknowledge and accept that certain information submitted during the domain registration process will be published on the internet via WHOIS services, as required by ICANN policies and Enom's registration terms. This information includes, but is not limited to, the domain registrant's name, postal address, email address, and phone number. By submitting your registration information, you consent to this publication and waive any claims related to the disclosure of your information through WHOIS services.

4.5 Right to Reject Registrations

We, in conjunction with Enom, reserve the right to reject any domain registration request at our sole discretion. This includes, but is not limited to, situations where the requested domain name is deemed to be inappropriate, infringes upon third-party rights, or violates any applicable laws or regulations. If we or Enom reject your domain registration request, we will notify you as soon as possible and provide a full refund of any payments you have made for that domain registration. However, we will not be liable for any damages or losses resulting from the rejection of a domain registration request.

4.6 No Advice on Domain Disputes

We do not provide advice regarding domain disputes and are not responsible for any suspension or loss of a domain due to arbitration or legal proceedings. All domain disputes are governed by Enom's dispute resolution policies, including their Uniform Domain Name Dispute Resolution Policy (UDRP) and any other applicable policies. You agree to adhere to Enom's dispute resolution procedures and submit to any proceedings initiated under these policies. For more information, please refer to Enom's Dispute Resolution Policy. You are responsible for familiarising yourself with these policies and seeking independent legal advice if necessary.

4.7 Renewal and Transfer Obligations

You are solely responsible for ensuring that all domain names registered through our Services are renewed before their expiration dates. We will attempt to renew your domain automatically with Enom using the payment method you have provided, provided automatic renewal is enabled for your account. If automatic renewal is enabled your domain will automatically renew for the duration it was initially registered or most recently re-registered. The renewal period can be updated through your Enviroweb user account and dashboard. It is your responsibility to ensure that your payment information with us is up-to-date and that there are sufficient funds to cover the renewal fees. Failure to renew a domain name before its expiration may result in suspension, cancellation, or deletion of the domain in accordance with Enom's policies.

Domains that are not renewed by their expiration date may be subject to suspension, cancellation, or deletion. If a domain enters a redemption period, additional fees may be required to restore the domain. After the redemption period, domains may be permanently deleted or made available for registration by a third party. For more information on Enom's renewal and redemption policies, please refer to Enom's Registration Agreement.

You also acknowledge that any transfers of domains to another registrar are subject to Enom's transfer policies and ICANN's transfer rules. Domains may not be transferred to another registrar within 60 days of registration, transfer, or renewal, or if a domain lock is active. It is your responsibility to ensure compliance with these policies to facilitate any domain transfers.

4.8 Compliance with Registrar Policies

By using our Services to register, renew, or transfer a domain name, you agree to comply with all applicable rules, policies, and procedures of Enom, as well as any relevant domain registries and ICANN. These policies may include, but are not limited to, domain registration requirements, renewal procedures, transfer policies, and dispute resolution protocols. It is your responsibility to familiarise yourself with these policies and to ensure that your use of the domain name complies with all applicable requirements. Failure to comply with these policies may result in the suspension, cancellation, or loss of your domain name. For more information, please refer to Enom's Registration Agreement and ICANN's guidelines available on their website.

4.9 Applicable Domain Name Registration Agreements

You agree to be bound by the terms of the applicable domain name registration agreements provided by Enom and any associated third-party registries. These agreements govern the use, management, and renewal of your domain name and are subject to change without notice. Your continued use of the domain name after any changes to these agreements constitutes your acceptance of the revised terms. You acknowledge that it is your responsibility to review and understand these agreements regularly. For specific terms applicable to different domain extensions, please refer to the relevant agreements provided by Enom at this link and ICANN's guidelines at icann.org.

5. Fees and Payment

5.1 Payment of Fees

As a condition of domain registration, renewal, or transfer, you agree to pay all applicable fees associated with the Services prior to the effective date of the desired action. These fees include, but are not limited to, domain registration fees, renewal fees, transfer fees, and any additional fees for premium domains or optional services. All fees are non-refundable, in whole or in part, even if your domain registration is suspended, cancelled, or transferred before the end of the then-current registration term. It is your responsibility to maintain accurate billing information with us to ensure timely processing of payments.

5.2 Fee Modifications

We reserve the right to modify our fees, surcharges, and renewal fees, or to institute new fees at any time with 30 days’ notice, at our sole discretion. Any changes to our fees will be communicated to you through your account dashboard or via email. By continuing to use our Services after the effective date of any fee change, you agree to be bound by the new fees.

5.3 Credit Card Chargebacks for Domain Registrations

In the event of a charge-back by the credit card company (or similar action by another payment provider used by us) for the payment method used in connection with a domain registration, you agree and acknowledge that the domain registration shall be transferred to us, as the paying entity for that registration to Enom and the relevant registry. We reserve all rights regarding such domain, including, but not limited to, the right to make the domain available to other parties for purchase. We also reserve the right to lock your account and any remaining domains until we receive payment of any administrative fees and/or chargeback fees. At our sole discretion, we may reinstate your domain registration upon receipt of the registration fee and any applicable administrative and/or chargeback fees.

6. Required Domain Registration Information

6.1 Registration Information

As part of the domain registration process and in accordance with ICANN policies and Enom's requirements, you must submit and maintain accurate and up-to-date information, including but not limited to:

The domain registrant’s name and postal address;
The domain name being requested;
Administrative contact information, including name, postal address, email address, telephone number, and, where available, fax number;
Technical contact information, including name, postal address, email address, telephone number, and, where available, fax number; and
Billing contact information, including name, postal address, email address, voice telephone number, and, where available, fax number.

You agree to update this information within seven (7) days of any change. Failure to maintain accurate information may result in the suspension or cancellation of your domain registration.

6.2 Additional Registration Information

In addition to the standard registration information, we may be required to collect and maintain additional information related to your domain registration, such as:

The original creation date of the domain registration;
The submission date and time of the registration to us and by us to Enom;
Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
Account records for your domain registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary nameserver and any secondary nameservers for the domain;
The corresponding names of those nameservers; and
Information regarding all other activity between you and us regarding your domain registration and related services.

This additional information is maintained to comply with ICANN policies and Enom's requirements and may be used for administrative and legal purposes.

6.3 Use of Registration Information

You agree and acknowledge that we will make available the Registration Information and Additional Registration Information to ICANN, Enom, and other third-party Registry Administrators, as required or permitted by applicable laws. Additionally, you acknowledge and agree that ICANN and Enom may establish guidelines, limits, and 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. By submitting your information, you consent to such disclosures and use and waive any claims that may arise from such disclosures.

6.4 Information Updating and Accuracy

As a condition of continued domain registration, you must provide us with updated Registration Information within seven (7) days of any changes to such information. You may review, modify, or update your Registration Information by accessing our domain management tools available through your account on our website. Failure to provide accurate information or to respond to inquiries regarding the accuracy of your information within ten (10) days may result in the suspension or cancellation of your domain registration. You further represent that you have obtained consent from any third-party individuals whose personal data you have provided as Registration Information.

6.5 Information Requirements for Renewals

Upon renewal of your domain registration, you may be required to provide updated information if there have been changes to the type of information required by Enom or ICANN. If you do not provide the necessary information for renewal, your domain registration may not be renewed, and the domain may become available for registration by another party. You are responsible for ensuring that your Registration Information is accurate and up to date at the time of renewal to avoid any interruptions in your domain services.

7. Data Handling and Privacy

7.1 Data Handling and Privacy

We collect and maintain customer information necessary for domain registration, renewal, and management as part of our Services. This information is stored securely within our platform and is used to provide domain-related services, comply with legal requirements, and fulfil our agreements with Enom and other registries.

We do not claim ownership of your personal registration information beyond our need to manage and provide Services effectively. We are committed to protecting your personal information from loss, misuse, unauthorised access or disclosure, alteration, or destruction, in accordance with applicable data protection laws.

By using our Services, you consent to the collection, use, and storage of your information as outlined in this Agreement and our Privacy Policy. For more information on how we handle your personal data, please refer to our Privacy Policy.

8. Registrant Verification

8.1 Verification Requirements

You understand and agree that, in compliance with ICANN policies and Enom's requirements, we are obligated to verify the accuracy of the Registrant's contact information for any domain name registration. This verification may include confirming the Registrant’s email address within a timeframe specified by ICANN policies, typically within 15 days of any new domain registration, transfer, or significant change to the Registrant’s contact information.

If you fail to verify the contact information within this period, or if we determine that the information provided is inaccurate or incomplete, this will constitute a material breach of this Registration Agreement. As a result, we may suspend or cancel the domain name(s) and any associated services without further notice. To avoid suspension or cancellation, you agree to respond promptly to any verification request and to provide accurate and complete information as required.

You are solely responsible for maintaining accurate contact information with us and for ensuring that any updates are promptly communicated through your account dashboard. Failure to comply with these verification requirements may result in the loss of your domain registration rights.

9. Domain Privacy Service

9.1 Privacy Service Use

If you purchase domain privacy services ("Domain Privacy"), your Registration Information will be replaced in any public WHOIS search with information provided by us as determined in our sole discretion ("Private WHOIS Contact Information"). This service helps protect your personal information from being publicly accessible through WHOIS databases. However, you remain responsible for resolving any monetary, creditor, or other claims that arise in connection with a legal or other dispute involving your domain name registration.

The Domain Privacy service is not a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. We reserve the right to terminate the Domain Privacy service and disclose your Registration Information if we determine that you are using the service in breach of this Agreement.

9.2 Communication and Forwarding

Notwithstanding anything to the contrary, you agree that we may, but are not obligated to, review and forward communications in connection with your domain name that we receive on your behalf. You authorise us to receive, sort, open, forward, or destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that we are not obligated to forward certified or traceable courier mail, legal notices, or first-class mail, but may choose to do so at our discretion.

Emails received will be forwarded to the email address listed in your Registration Information. Phone calls will not be relayed to you; instead, callers will be directed to use the mailing or email address listed in the Private WHOIS Contact Information. You waive any claims arising from your failure to receive communications not forwarded or referred to you by us.

9.3 Termination of Domain Privacy Service

If any domain name for which you are using the Domain Privacy service is transferred to another registrar, the Domain Privacy service will automatically cease, and no refund will be given for any unused portion of the service. Failure to renew the Domain Privacy service while your domain name registration remains valid will result in the suspension, termination, or cancellation of the Domain Privacy service, and your Registration Information will be displayed in any public WHOIS search.

We reserve the right, at our sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Domain Privacy service and/or reveal your Registration Information in any public WHOIS search or to any third party at any time without notice to you, including but not limited to situations where:

To comply with any applicable laws, rules, regulations, subpoenas, court orders, or official government inquiries;
To resolve any third-party claims arising out of your use of the Domain Privacy service;
To protect our rights, property, or personal safety, or that of the public; or
To avoid any liability on our part or on the part of our affiliates.

10. Registration Renewal

10.1 Renewal Obligations

You are solely responsible for ensuring that your domain names are renewed before their expiration dates. We will send renewal reminders via email to the email address on file in your account. It is your responsibility to keep your email address current and to ensure that our renewal reminders are received and read. If you fail to renew your domain name before its expiration date, it may be suspended, cancelled, or deleted in accordance with Enom's policies and ICANN regulations.

To avoid unintended service interruption, we recommend enabling automatic renewal for your domains, ensuring that your payment details are up-to-date, and there are sufficient funds to cover renewal fees. If automatic renewal is not enabled, you must manually renew your domain through your account dashboard.

10.2 Automatic Renewal

By default, domains may be set to auto-renew. If automatic renewal is enabled, we will attempt to automatically renew your domain name prior to its expiration date using the payment method associated with your account. If automatic renewal is enabled your domain will automatically renew for the duration it was initially registered or most recently reregistered. The renewal period can be updated through your Enviroweb user account and dashboard. You are responsible for ensuring that your payment information is valid and up to date. If the automatic renewal transaction fails due to outdated payment information, insufficient funds, or any other reason, your domain name may not be renewed, resulting in its suspension or deletion.

You may disable the automatic renewal feature at any time by updating your settings in your account dashboard. If you choose to disable automatic renewal, you are responsible for manually renewing your domain before its expiration date.

10.3 Expired Domains and Redemption

If a domain name is not renewed before its expiration date, it may enter a grace period, during which you may still renew the domain by paying the standard renewal fee. Once the grace period expires, the domain may enter a redemption period, which typically lasts up to 30 days, depending on the domain registry's policy. During the redemption period, additional fees may apply to restore the domain. After the redemption period, the domain may be permanently deleted or made available for registration by a third party.

We are not liable for any loss, suspension, or cancellation of your domain name due to your failure to renew or pay applicable redemption fees. You acknowledge that it is your responsibility to be aware of your domain's expiration dates and renewal status and to act promptly to avoid losing your domain registration.

11. Domain Dispute Resolution Policy

11.1 Compliance with Dispute Policies

By registering a domain name through our Services, you agree to be bound by the applicable domain dispute resolution policy ("Dispute Policy") as required by ICANN and enforced by Enom. This includes the Uniform Domain Name Dispute Resolution Policy (UDRP) and any other specific dispute resolution policies applicable to the domain registry governing your domain extension. The UDRP provides a framework for resolving disputes between domain name registrants and third parties over the registration and use of domain names.

If a third party challenges your domain registration, you agree to submit to the jurisdiction of the courts (1) of your domicile and (2) where the registrar is located, as specified by the Dispute Policy. You further agree to comply with any ruling, order, or decision issued under the Dispute Policy, which may include the transfer, suspension, or cancellation of your domain name. For more information on the Dispute Policy, please refer to Enom's Dispute Policy and ICANN's UDRP rules available on the ICANN website.

You acknowledge that the Dispute Policy may be updated periodically, and you agree to comply with the version of the policy in effect at the time of any dispute. Your continued use of the domain name following any such updates constitutes your acceptance of the modified Dispute Policy.

12. Change of Registrant of Domains

12.1 Change of Registrant

Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant's name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN's Transfer Policy. You agree to comply with ICANN's Transfer Policy, which may require both the Prior Registrant and the New Registrant to confirm the change of registrant before it can be processed.

We are required to deny a change of registrant for any of the following reasons:

The domain name registration agreement has expired, and the registrant no longer has the right to renew the domain name or transfer it to another registrar;
The change of registrant was not properly authorised by the Prior Registrant and the New Registrant; or
The domain name is subject to a domain name dispute proceeding or court order.

Unless a change of registrant is otherwise prohibited, both parties or their designated agents must confirm the change of registrant within 60 days of the request. If you do not opt out of the 60-day transfer lock when requesting a change of registrant, your domain registration cannot be transferred to another registrar during this period. You hereby authorise us to act as "Designated Agent" to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, in accordance with ICANN's Transfer Policy.

12.2 Transfer of Domain Registration to Another Registrar

You may transfer your domain registration to another registrar at any time, provided that your domain is not within 60 days of initial registration or a previous transfer and is not subject to a transfer lock. To initiate a transfer, you must unlock your domain and obtain an authorisation code (also known as an EPP code) through your account dashboard.

We will process your transfer request in accordance with ICANN's Transfer Policy and Enom's transfer procedures. If you have enabled the transfer lock feature, you must disable it and provide written authorisation (electronic acceptance is acceptable) to proceed with the transfer. Your request to transfer your domain to another registrar may be denied for reasons including, but not limited to, pending payment obligations, ongoing dispute proceedings, or court orders. For more information, please refer to Enom's Transfer Policy.

It is your responsibility to ensure compliance with all applicable transfer policies and to pay any fees associated with transferring your domain registration to another registrar. Failure to comply with these requirements may result in delays or denial of your transfer request.

13. Agents and Licensing

13.1 Responsibility for Third-Party Registrations

If you are registering a domain name for someone other than yourself, or if you allow another person or entity to use a domain name registered in your name (a "licensee"), you represent and warrant that you have the authority to act on behalf of that person or entity ("Principal"). This includes having the authority to bind the Principal to the terms of this Registration Agreement and any applicable dispute resolution policies. You further agree that you are responsible for all obligations and liabilities arising from the registration, use, or transfer of the domain name, as if you were the actual registrant.

As the domain registrant of record, you remain responsible for complying with all terms and conditions of this Registration Agreement, regardless of any license or arrangement with a third party. This includes maintaining accurate and up-to-date contact information and ensuring compliance with ICANN and Enom policies. If you license the use of a domain to a third party, you are still considered the Registered Name Holder of record and remain accountable for the domain’s use and all associated activities.

You also agree to accept liability for any harm caused by wrongful use of the domain name by a licensee unless you promptly disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actionable harm. Failure to do so may result in the suspension or cancellation of the domain name and associated services.

14. Indemnification

14.1 Indemnification Obligations

You agree to indemnify, defend, and hold us, our subsidiaries, affiliates, and all of our respective officers, agents, partners, and employees harmless from and against any and all claims, demands, losses, liabilities, damages, costs, or expenses (including reasonable attorneys’ fees) arising out of or related to:

Your breach of this Registration Agreement or any policy applicable to your domain registration or related services, including ICANN policies and Enom’s terms;
The registration, use, or transfer of your domain name, including any claim that your domain name infringes upon or otherwise violates the trademark, copyright, or other proprietary rights of any third party;
Any inaccurate, incomplete, or out-of-date information provided by you in connection with your domain registration or any failure to update your registration information promptly as required by this Agreement;
Any disputes arising from or related to your use of the domain name, including but not limited to claims related to defamation, privacy violations, or other civil or criminal laws; and
Any acts or omissions by your licensees, agents, or third parties to whom you provide access to the domain name or who otherwise use the domain name with your permission.

We reserve the right, at your expense, to assume the exclusive defence and control of any matter for which you are required to indemnify us, and you agree to cooperate, at your expense, with our defence of such claims. We will use reasonable efforts to notify you of any such claim, action, or proceeding which is subject to this indemnification upon becoming aware of it.

This indemnification obligation will survive the termination or expiration of this Registration Agreement.

15. Warranty Disclaimer and Limitation of Liability

15.1 Disclaimer of Warranties

We provide all domain registration services on an "AS IS" and "AS AVAILABLE" basis, without any warranties of any kind, whether express or implied. To the fullest extent permitted by law, we disclaim all warranties, express or implied, including but not limited to implied warranties of merchantability, fitness for a particular purpose, non-infringement, and any warranties arising out of course of dealing, usage, or trade.

We do not warrant that the services provided will meet your requirements, be uninterrupted, timely, secure, or error-free, or that any errors in the services will be corrected. We make no representations or warranties that the domain registration or use of a domain name will prevent challenges or disputes over its registration or use. You acknowledge that your use of our services is at your own risk, and that we do not guarantee the availability, accuracy, completeness, or reliability of any content or information provided through our services.

15.2 Limitation of Liability

To the maximum extent permitted by applicable law, in no event will we, our subsidiaries, affiliates, or any of our respective officers, agents, partners, or employees be liable to you or any third party for any direct, indirect, consequential, exemplary, incidental, special, or punitive damages, including lost profit, lost revenue, loss of data, or other damages arising from your use of the services, even if we have been advised of the possibility of such damages.

Notwithstanding anything to the contrary contained herein, our liability to you for any cause whatsoever, and regardless of the form of the action, will at all times be limited to the amount paid, if any, by you to us for the domain registration services during the six (6) months preceding any cause of action arising.

Certain jurisdictions do not allow the exclusion or limitation of implied warranties or the exclusion or limitation of certain damages. If these laws apply to you, some or all of the above disclaimers or limitations may not apply to you, and you may have additional rights.

16. Term and Termination

16.1 Term of Agreement

This Registration Agreement shall commence on the date you accept these terms and will remain in effect until the domain name registration is cancelled, transferred, or otherwise terminated, either by you or by us, in accordance with the provisions of this Agreement. Your obligation to pay any fees or other amounts under this Agreement, which arose prior to the expiration or other termination of this Agreement, shall survive any such expiration or termination.

You acknowledge and agree that your domain registration is subject to suspension, cancellation, or transfer by us or the registry operator following the policies and procedures established by ICANN, applicable laws, or the terms of this Agreement.

16.2 Termination Rights

We reserve the right, in our sole discretion, to suspend, cancel, or transfer your domain registration at any time, with or without notice, if:

You breach any provision of this Registration Agreement or any applicable ICANN policy or Enom’s terms and conditions and fail to cure such breach within the time specified by us.
You use the domain to engage in any unlawful activity, including but not limited to the distribution of malware, operation of phishing websites, or violation of any applicable laws or regulations.
We receive a properly authenticated order from a court of competent jurisdiction or an arbitration award requiring the suspension, cancellation, or transfer of the domain registration.
You fail to respond within a reasonable time to any inquiry by us concerning the accuracy of the contact information associated with your domain registration, or you fail to provide accurate and complete contact information.
We determine, in our sole discretion, that your domain name is being used in a manner that could harm our reputation, the reputation of the registry operator, or violate our Acceptable Use Policy.

We will not be responsible or liable for any costs associated with the termination, suspension, or cancellation of your rights to the domain name.

17. Survival of Terms

17.1 Provisions Surviving Termination

The following provisions will survive the termination or expiration of this Registration Agreement for any reason:

Sections related to Fees and Payments (Section 5), Data Handling and Privacy (Section 7), Indemnification (Section 14), Warranty Disclaimer and Limitation of Liability (Section 15), and this Survival of Terms (Section 17);
Any terms that, by their nature, are intended to survive termination, including but not limited to confidentiality obligations, indemnification obligations, and limitations of liability.
Your obligation to pay any fees or other amounts accrued prior to the termination or expiration of this Agreement.

These provisions shall continue to be in effect to ensure the fulfilment of any rights or obligations that arose during the term of this Agreement and to address any matters arising from or relating to your domain registration, including any disputes or claims.

18. Entire Agreement

18.1 Comprehensive Agreement

This Registration Agreement, along with any policies, guidelines, or documents referenced herein, including but not limited to our Terms of Service, Privacy Policy, Hosting and Fair Use Policy, and the applicable ICANN and Enom policies, constitutes the entire agreement between you and us regarding your use of the domain registration services.

This Agreement supersedes all prior and contemporaneous understandings, agreements, representations, and warranties, both written and oral, regarding the subject matter hereof. You acknowledge that you have not relied on any statements, promises, or representations made or given by or on behalf of us that are not expressly stated in this Agreement.

If any provision or part of a provision of this Agreement is determined to be unlawful, void, or unenforceable, that provision or part of the provision is deemed severable from this Agreement and does not affect the validity and enforceability of any remaining provisions.

No waiver of any term of this Agreement shall be deemed a further or continuing waiver of such term or any other term, and our failure to assert any right or provision under this Agreement shall not constitute a waiver of such right or provision.

19. Force Majeure

19.1 Force Majeure

We shall not be held liable for any failure to perform or delay in the performance of any of our obligations under this Agreement if such failure or delay is caused by events, circumstances, or conditions beyond our reasonable control ("Force Majeure Event"). Force Majeure Events may include, but are not limited to, acts of God (such as natural disasters, earthquakes, floods, hurricanes, or other extreme weather conditions), war, armed conflict, terrorist attacks, civil unrest, strikes, lockouts, labour disputes, pandemics, epidemics, acts of government or regulatory authorities, changes in laws or regulations, embargoes, blockades, sanctions, shortages of power, communication or internet outages, breakdown of equipment, failure of suppliers or subcontractors, or any other event or circumstance beyond our reasonable control.

In the event of a Force Majeure Event, our obligations under this Agreement shall be suspended for the duration of the Force Majeure Event. We will make all reasonable efforts to mitigate the effects of the Force Majeure Event and to perform our obligations as soon as reasonably practicable. If the Force Majeure Event continues for a period of more than thirty (30) days, either party may terminate this Agreement upon written notice to the other party without further liability, except for any rights and obligations that accrued prior to the Force Majeure Event or that are intended to survive termination.

We shall not be liable for any direct, indirect, incidental, consequential, or special damages resulting from our inability to perform our obligations due to a Force Majeure Event. You acknowledge that the Services may be affected by events outside our control and agree to bear the risks associated with any such disruptions.

20. Modification of Terms

20.1 Modification of Terms

We reserve the right to modify or amend this Agreement at any time. Any changes to this Agreement will be posted on our website or communicated to you via email. It is your responsibility to review the terms of this Agreement periodically. Your continued use of the Services following any changes to this Agreement constitutes your acceptance of those changes. If you do not agree to any amended terms, you must discontinue use of the Services and may request the cancellation of your domain registration.

21. Governing Law and Jurisdiction

21.1 Governing Law and Jurisdiction

This Agreement shall be governed by and construed in accordance with the laws of the United Kingdom. Any disputes arising under or in connection with this Agreement shall be subject to the exclusive jurisdiction of the courts located in the United Kingdom.

22. Contact Us

To resolve a complaint regarding the Services or to receive further information regarding use of the Services, please contact us at:

ENVIROWEB LTD
86 - 90 Paul Street,
London,
EC2A 4NE
United Kingdom

Email: legal@enviroweb.net

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