Domain Name Registration Services. Instant Domains is an accredited registrar with the Internet Corporation for Assigned Names and Numbers (“ICANN”) for Top Level Domain Names. Our Domain Name Registration Services allows you to register or renew a domain name. Your use of our Domain Name Registration Services is governed by our Domain Name Registration Services Agreement.
Private and Proxy Registration Services Private and Proxy Registration Services. Private and Proxy Registration Services are offered when you register or renew a domain name in order to prevent your identity and/or contact information from appearing publicly through the “WHOIS” directory. Your use of the Private and Proxy Registration Services is governed by the Private and Proxy Registration Services Agreement.
Web Hosting Services. Our Web Hosting Services provide you with a variety of website hosting and hosting-related services and packages. Your use of our Web Hosting Services is governed by our Web Hosting Services Agreement.
In order to use our 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.
You represent and warrant that you are above the age of majority in your state or place of residence.
Instant Domains will use the email address you provide with your Account as the primary method for communication with you.
Your Use of the Sites; Restrictions. The user has a nonexclusive, non-transferable, limited, and revocable right to use the Sites and our Services solely for the user’s legitimate and legal use.
You agree not to use the Sites or Services, or authorize any other person to use the Sites or Services, to:
cause the Sites or Services, or any portion thereof, to be framed in such a way that the Sites or Services any portion thereof, appears on the same screen with a portion of another website;
use the Sites or Services in any unlawful manner or in any other manner that could damage, disable, overburden or impair the Sites or Services;
use automated scripts to collect information from or otherwise interact with the Sites or Services;
impersonate any person or entity, or falsely state or otherwise misrepresent yourself, your age or your affiliation with any person or entity;
sell, resell, rent, or charge for our services and data;
reverse engineer, alter, modify, create derivative works from, decompile, or extract code from the Sites or Services; or
use the Sites and Services in any way which they are not intended to be used, determined in our sole discretion.
Term and Termination
Effective Date and Duration This Agreement will remain in full force and effect while you use any of our Sites and/or you have an active Instant Domains Account.
Termination for Cause. Instant Domains may terminate your Account and any content or information that you have provided to us and/or prohibit you from using or accessing the Sites or Services (or any portion, aspect or feature thereof, including our Services), if you violate this Agreement or are engaged in illegal or fraudulent use of our Sites or Services at any time in our sole discretion, with or without notice. You may terminate your Account at any time for any reason as well; however, Instant Domains may still retain your account information after your Account is terminated, and certain sections of this Agreement will remain in effect.
Intellectual Property. 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.
Indemnification. You 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 your use of our Sites and Services, 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.
Warranties Disclaimer. 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 OUR SITES OR SERVICES. WE DO NOT WARRANT THAT THE SITES OR SERVICES WILL BE ERROR-FREE OR UNINTERRUPTED. THE SITES AND SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
Limitation of Liability. TO THE MAXIMUM EXTEND PERMITTED BY LAW, INSTANT DOMAINS’S ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, WITH RESPECT TO THE USE OF OUR SITES AND SERVICES OR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR THE SITES AND 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.
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 us by email. Notices to Registrant shall be sent to the primary email address listed in your 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.