This Domain Name Registration Services Agreement (the “Agreement”) is made and entered into by and between Instant Domains, Inc., a Canadian corporation, as the sponsoring registrar, on the one hand (“we,” “us,” “our,” “Instant Domains” or “Registrar”), and you, the person or entity registering a domain name through Instant Domains on the other hand (“you”, “your”, “user” or “Registrant”).
Instant Domains is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names (“TLDs”). Any reference to “registry” shall refer to the registry administrator of the applicable TLD. Upon Registrant’s request, and in accordance with the terms of this Agreement and all ICANN consensus policies, Instant Domains will register an Internet domain name or renew a Registrant’s existing domain name (our “Registration Services”).
By using our Registration Services, you acknowledge and agree that Instant Domains is limited to providing a service to you, and when you register or renew a domain name through our Registration Services, you are not creating or establishing any property interest in the registered domain name. You further acknowledge and agree that Instant Domains will not be held liable or responsible for any registration, modification, or renewal errors, inaccuracies, or omissions, or any actions by the registry.
Private and Proxy Registration Services. At the time of your domain name registration, you will have the choice to use a Private or Proxy Registration service. A Private Registration will publicly hide your contact information, and a Proxy Registration will hide your name and identity, in addition to your contact information. Privacy and Proxy Registration Services are provided by Instant Privacy, Inc. and are governed by the Private and Proxy Registration Services Agreement.
Instant Domains Account
In order to use our Registration Services, you must have an Instant Domains account (“Account”). In setting up and maintaining your Account, you agree to:
- provide accurate, current, and complete information;
- maintain the security of your Account and password; and
- be fully responsible for all use of your Account and for any actions that take place using your Account.
Instant Domains will use the email address you provide with your Account as the primary method for communication with you.
Activation, Expiration and Renewal of Domain Names
Activation. A domain name registered through Instant Domains will be deemed active when the relevant registry accepts the Registrant's application and activates Registrant’s domain name registration or renewal. Domain name registrations are for a limited term, which ends on the expiration date communicated to the Registrant.
Expiration. Domain names will expire on the expiration date specified during registration or the date determined by the applicable registry or ICANN policy. It is your responsibility to keep record of and monitor when your domain name registration is set to expire. You will be able to view expiration information through your Account.
Renewal. Domain names must be renewed before expiration in order to ensure consistent registration. We will email a renewal notification approximately one (1) month and approximately one (1) week prior to each such domain name’s expiration. In addition, if a domain name is not renewed, we will email an additional renewal notification within five (5) days after the expiration of such domain name's registration. All renewal notifications will be sent to the primary email address associated with your Instant Domains Account. If the primary email address for the Account varies from the Registered Name Holder (defined herein) for the domain name, then we will also email the Registered Name Holder the notices described in this section regarding expiration.
Fees and Autorenewal of Registration Services
Fees. Registrant agrees to pay Registrar all applicable services fees communicated to Registrant prior to Registrant using our Registration Services to register or renew a Domain Name.
Auto-renewal. Our Registration Services allow for you to set up auto-renewal of Registration Services for a domain name. It is your responsibility to maintain current and accurate credit card or other payment information should Registration Services for your domain name be placed on auto-renew. Should renewal fees go unpaid, or if your payment method gets declined on an auto-renewal, your Registration Services will expire and your domain name may expire or be canceled. If you select automatic renewal of the Registration Services, we may attempt to renew a domain name a reasonable time before expiration, provided your credit card or other billing information is available and up to date. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. Please note that for certain TLD domain names, automatic renewal is not available.
Registrant Information for Registering Domain Names
In order to register a domain name, you are required to provide the following current, complete, and accurate information (“Registrant Information”):
Name, postal address, email address, and voice telephone number of the person or entity who will be designated as the registered name holder of a domain name (“Registered Name Holder”); and
Contact information for the Registered Name Holder’s designated administrative, technical, and billing contacts, including: name, postal address, email address, and voice telephone number (this information may be identical to that of the Registered Name Holder).
Both the Registered Name Holder and its designated administrative contact (the “Administrative Contact”) will have authority to bind the Registrant in transfer initiations as described herein;
Confirmation by a person having access to the Registered Name Holder or Administrative Contact’s email address shall be authoritative for domain name transfer requests, and the above emails may be used to change the password for your account.
You can access and change Registrant Information by logging into your Instant Domains Account.
Within seven (7) days of any change to Registrant Information, you must update such Registrant Information in your Account as needed to keep the Registrant Information current, complete and accurate.
Your willful provision of inaccurate or unreliable information, your willful failure to update information provided to Registrar within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of information associated with the Registered Name Holder’s registration shall constitute a material breach of this Agreement and may result in the suspension and/or cancellation of you domain name and the termination of this Agreement.
If you intend to license use of a domain name to a third party you will nonetheless be considered the Registered Name Holder of record and you are still responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. Even with your licensing use of a domain name according to this provision, you shall accept liability for harm caused by wrongful use of the domain name, unless you discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days of a party providing you reasonable evidence of actionable harm.
Disclosure of Registrant Information to Third Parties
Domain name registration requires sharing Registrant Information, in whole or in part, with applicable registries and with ICANN. As required by ICANN, this information must also be made publicly available by means of the WHOIS/Registration Data Directory Service (“RDDS”). Instant Domains and the registry may also be required to archive Registration Information with a third party escrow service. Registrant therefore consents to and gives permission to Instant Domains for all such required disclosures of Registrant Information. Furthermore, Registrant represents and warrants that, if Registrant is providing information about a third party, Registrant has notified the third party of the required disclosures and the purpose for the disclosures, and that Registrant has obtained the third party’s consent to such disclosures.
We may also disclose Registrant Information to the extent required by applicable law, legal process, or court order.
If you elect to use a proxy or privacy registration service, during the period in which such service is enabled, WHOIS/RDDS will make publicly available the third party registration proxy or privacy service provider’s name and contact information instead of your contact information. In such a case, the private registration service will be the Registered Name Holder, although you are still subject to liability for use of the Registered Name Holder. Privacy or proxy services may be terminated in the case of UDRP complaints, in response to an IP infringement or other legal complaint, or otherwise in Registrar’s sole discretion.
Expired Domain Names
Reactivation Period Process. For a period of approximately twenty-five (25) days after expiration of the term of domain name registration services, if applicable per the registry administrator for the domain name, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not obligated to, offer this process, called the “reactivation period.” Our offering of such reactivation period does not alleviate your responsibility to timely renew your domain name, and you assume all risks and all consequences if you wait until close to or after the expiration of the original term of a domain name to renew the domain name and/or our Registration Services. The reactivation period renewal process, if any, may involve additional fees which will be communicated to you before proceeding and which are available to view on our website.
Redemption Grace Period. After any offered reactivation period, we may make any expired domain names available to third-parties, auction off the rights to an expired domain name, or discontinue the domain name and our Registration Services at any time thereafter without notice. If the domain name is discontinued, certain registry administrators may provide procedures by which discontinued domain names may nonetheless be renewed. We will participate in this process, typically called the “Redemption Grace Period” (“RGP”), for each gTLD registry administrator that provides it. If available, RGP typically ends after thirty (30) days following discontinuance of the domain name. The current RGP fee varies by top-level-domain. Please contact our support team for further pricing details.
Parking. Immediately upon expiration of a domain name registered through our Registration Services, and before deletion of the domain name in the applicable registry’s database, we may, in our sole discretion, point such domain name to a page of our choice (the "Parked Page" as defined herein).
Auctions. If the domain name is auctioned to a third-party, we may transfer the domain name to such third-party. In which case, the third-party who won the auction for the domain name services will control the domain name services, including control over the RDDS information and the DNS settings. You may recover the domain name registration services prior to the end of the reactivation period, as such reactivation period applied to you. We are not obliged to contact you to alert you that the domain name registration services are or were auctioned. We do not have to pay you any of the proceeds we may earn as a result of such an auction.
ICANN Regulations and Policies
As it relates to registering a domain name, you and we are bound by all ICANN policies and all policies of any relevant registry, which may be modified from time to time by publication on the ICANN or registry website or to this Agreement.
You acknowledge, understand and agree to be bound by all ICANN policies, as they may be amended from time to time, which are incorporated and made an integral part of this Agreement, including but not limited to the Uniform Domain Name Dispute Resolution Policy (“UDRP”) along with the UDRP Rules and all Supplemental Rules of any UDRP provider; the Uniform Rapid Suspension System (“URS”) along with the URS Rules and all Supplemental Rules of any URS provider; and Transfer Dispute Resolution Policy.
A Registrant’s benefits and responsibilities under the ICANN Registrar Accreditation Agreement (the “RAA”) are set forth on the ICANN Registrant’s Rights and Responsibilities page. In accordance with the RAA, the Registered Name Holder shall indemnify and hold harmless the registry and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder’s domain name registration.
Domain Name Disputes
We may, in our sole discretion, lock, suspend, transfer or cancel a registration of a domain name to comply with law enforcement, a court order, any ICANN or registry dispute resolution process or decisions, to correct a mistake, or otherwise, in our sole discretion, for the protection of the public, or to disable domain names used for human trafficking or child pornography.
For the adjudication of third-party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of a domain name registered hereunder, you agree to submit to the subject matter and personal jurisdiction of the following courts (i) of the domicile of the Registered Name Holder as it appears in the public RDDS record for the domain name(s) in controversy, (ii) where we are located, currently British Columbia, Canada, and (iii) the location of the applicable registry.
Domain Name Transfers
Transfers of a domain name to another registrar (“Gaining Registrar”) will be governed by ICANN’s Transfer Policy, as may be modified from time to time.
The Gaining Registrar must initiate an initial authorization for registrar transfer, which must be sent to and confirmed by either the Registered Name Holder or the Administrative Contact. Once initial authorization is confirmed, Instant Domains will initiate a confirmation of registrar transfer, which must then again be confirmed by the Registered Name Holder or the Administrative Contact. You may be required to first unlock your domain name in your Instant Domains Account.
Transfers of a domain name may be restricted in the following situations: (i) within 60 days of initial registration; (ii) within 60 days of a transfer; (iii) if the domain name registration expires; or (vi) if a domain name is subject to lock due to UDRP, URS or court proceedings.
No unlawful or Infringing Activity Permitted. You represent and agree that to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
Parking. If a domain name registered through Instant Domains is hosted on our domain name server and does not otherwise resolve to an active website, or if a domain name has expired consistent with the terms herein, we may, in our sole discretion, point such domain name to a page of our choice (the "Parked Page"). The Parked Page may be modified by us at any time in our sole discretion and without notice to you. The Parked Page may include (i) links to additional products and services offered by Instant Domains, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine. If you do not want your domain name to direct to a Parked Page, you must remove our name servers or direct the domain name to an active website.
Except for the rights expressly set forth in the Agreement, this Agreement does not grant either party any implied or other rights to the other’s intellectual property, including any content.
Registrant will defend, indemnify, and hold harmless Instant Domains, ICANN, the applicable registries, and their respective directors, officers, employees, agents, affiliates, and contractors, from all liabilities, claims and expenses, including attorney’s fees, arising out of or relating to Registrant’s registration and use of any domain name registered hereunder, including any alleged violation of any third party right, including intellectual property rights. This indemnification obligation will survive the termination or expiration of this Agreement.
Governing Law for this Agreement.
THIS AGREEMENT SHALL BE GOVERNED BY, INTERPRETED, AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF BRITISH COLUMBIA AND THE FEDERAL LAWS OF CANADA APPLICABLE THERETO WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
EXCEPT AS EXPRESSLY PROVIDED FOR IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, INSTANT DOMAINS DOES NOT MAKE ANY OTHER WARRANTY OF ANY KIND, WHETHER EXPRESS, IMPLIED, STATUTORY OR OTHERWISE, INCLUDING WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR USE AND NONINFRINGEMENT. WE ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE REGISTRATION SERVICES. WE DO NOT WARRANT THAT THE REGISTRATION SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE REGISTRATION SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
Limitation of Liability.
TO THE MAXIMUM EXTENT PERMITTED BY LAW, INSTANT DOMAINS’S ENTIRE LIABILITY, AND REGISTRANT’S EXCLUSIVE REMEDY, WITH RESPECT TO THE REGISTRATION SERVICES OR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT REGISTRANT PAID FOR THE REGISTRATION SERVICES. INSTANT DOMAINS, ICANN, AND THE APPLICABLE REGISTRIES SHALL NOT BE LIABLE FOR ANY LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES.
Modification. We reserve the right to amend the terms of this Agreement at any time by posting the amended Agreement in full on our website, instantdomains.com, without further notice to you, effective immediately upon such posting.
Notices. All notices, requests, consents, and other communications (collectively, “Notices”) required or permitted under this Agreement shall be in writing and shall be sent by email and considered delivered and received on receipt. Notices to Instant Domains shall be sent to email@example.com. Notices to Registrant shall be sent to the primary email address listed in Registrant’s Instant Domains Account.
Severability. In the event that any of the provisions of this Agreement are held to be invalid or unenforceable, all other provisions will nevertheless continue to be valid and enforceable with the invalid or unenforceable terms severed from the remainder of this Agreement.
No Transfers. You will not transfer any of your rights or obligations hereunder to anyone else without our prior written consent.
No Beneficiary Rights. Except as specifically stated herein, this Agreement does not give any third-party beneficiary rights.
Non-Waiver. The failure of either party to exercise or enforce any right or provision of this Agreement shall not constitute a waiver of such right or provision in that or any other instance.
Date of Last Revision: December 2021