Terms and Conditions
1. INTRODUCTION
1.1. These Terms and
Conditions set forth the Registration Agreement
between you and Total Web Solutions Limited
trading as Total Registrations, a
1.2. Total Registrations
is an ICANN
(www.icann.org) Accredited Registrar and
operates as a supplier of domain names to the
Internet community. By opening a Total
Registrations account and registering a domain
name through us, whether for your own use or as
an agent or person who uses us to register
domains on behalf of a third party, you
acknowledge and agree that you have read and
understood these Terms and Conditions and you
agree to accept these Terms and Conditions as
binding upon you. By registering a domain name
through us as agent or person who uses us to
register domains on behalf of a third party, you
warrant that you are authorised to act in that
behalf and you further accept these Terms and
Conditions as agent for and on behalf of that
third party, so that such third party is bound
by the same.
1.3. "Registration
Agreement" where used in these Terms and
Conditions means the contract for the supply of
a domain name/domain names between you and us,
which incorporates these Terms and Conditions.
1.4. "Total Registrations
Account Holder" where used in these Terms and
Conditions shall mean a Customer who has agreed
to these Terms and Conditions.
1.5. "Account" where used
in these Terms and Conditions shall mean a
credit balance maintained in the books of Total
Registrations representing a sum in cleared
funds available for the purchase of domain names
on the Customer's behalf. Total Registrations
shall be authorised to debit from the amount
standing to the credit of the Account at any
time the fees payable in respect of any domain
names the Customer has notified to Total
Registrations in writing that it wishes to
purchase. Total Registrations shall not be
required to hold monies in accounts separately
from its general funds nor shall it be under a
trustee or other fiduciary relationship in
respect of the same.
1.6. "writing" "written"
and cognate expressions where used in these
Terms and Conditions shall include all material
expressed or transmitted in electronic form. Any
notice or information relating to the
performance of the Registration Agreement which
is sent by us using electronic mail to the last
electronic mail address notified by you to us,
will be deemed (subject to contrary proof) to
have been duly served on you unless we are
notified by our email systems that it has not
been duly delivered.
1.7. "Verisign" "Verisign
Registry" where used in these Terms and
Conditions shall refer to Verisign Incorporated,
a
1.8. "Afilias" "Afilias
Registry" where used in these Terms and
Conditions shall refer to Afilias Limited, a
1.9. "NeuStar" "NeuStar
Registry" where used in these Terms and
Conditions shall refer to NeuStar Incorporated,
a
1.10. "
1.11. "Nominet" "Nominet"
where used in these Terms and Conditions shall
refer to Nominet Registry a
1.12. "BRS Media" "BRS
Media Registry" where used in these Terms and
Conditions shall refer to the BRS Media Registry
a
1.13. "Global Domains"
"Global Domains International" where used in
these Terms and Conditions shall refer to the
Global Domains International a
1.14. "Eurid" "Eurid"
where used in these Terms and Conditions shall
refer to the Eurid Registry a
1.15. "CentralNic"
"CentralNic" where used in these Terms and
Conditions shall refer to the CentralNic
Registry a
1.16. "Registro it"
"Registro It" where used in these Terms and
Conditions shall refer to the Registro .it
Registry an Italian based company which operates
the .it domain.
http://www.nic.it/en
1.17. "Key Systems" "Key
Systems Internet Solutions" where used in these
Terms and Conditions shall refer to
Key-Systems GmbH, a German
company which operates as the domain name
registry for a number of gTLD's including .mini
and .mbw. www.key-systems.net
1.18. "Open Provider"
"Open Provider" where used in these Terms and
Conditions shall refer to Hosting Concepts B.V.
a company based in the Netherlands, which
operates as the domains name registry for a
number of gTLD's.
www.openprovider.com
1.19. "ICANN" where used
in these Terms and Conditions shall refer to the
Internet Corporation for Assigned Names and
Numbers, a non-profit Internet body with its
principal office located in Marina Del Ray
California. www.icann.org
1.20. "Consumer" where
used in these Terms and Conditions means any
Customer who is not registering or intending to
use the domain name(s) in the course of a
business, trade or profession.
1.21. "DNS" where used in
these Terms and Conditions refers to the Domain
Name System, a powerful Internet technology for
converting domain names to IP Addresses.
Where DNS is specified it refers to DNS
and DNSSEC which are
security extensions that encompass a set of
protocols that add a layer of security to the
Domain Name System lookup and exchange processes.
1.22. "Compromise" where
used in these Terms & Conditions refers to the
either a Cyber Attack on a network, system or
data resource and is otherwise known as a
security breach.
1.23.
"DNS Management" where used in these Terms and
Conditions is a service, which allows domain
owners to manage their DNS Records.
2. REGISTRY
SPECIFIC TERMS
2.1. The service to be
provided by Total Registrations under the
Registration Agreement facilitates the
registration of your selected domain name(s)
with the Registry Operator responsible for
issuing domain registrations of your chosen
domain type. By using the Total Registrations
service to register your domain name(s) you
shall be bound by any Terms and Conditions
specific to the Registry Operator responsible
for your chosen domain type(s) (in addition to
being bound by clauses 1 to 25 inclusive of
these Terms and Conditions, which shall apply as
extended, modified or varied by the Registry
specific Terms and Conditions which are binding
upon you).
3. E-
3.1. Total Registrations
may make available to you upon your request a
catch-all mailbox service and/or an individual
mailbox forwarding service, in respect of any
domain name you register through us. You can opt
to be provided with either or both of these
services by modifying your account to set up
these services. By doing so you represent and
warrant that you have the right to
authorise the
forwarding of e-mails involved in the service(s)
requested.
3.2. The catch-all mailbox
service: You acknowledge and agree that in the
event that you subscribe to the catch-all
mailbox service, any electronic mail sent to the
e-mail box of any user of your domain name for
which you have set up this service (e.g.
[email protected]) will also be sent to
the e-mail box set up for the catch-all mailbox
service. You further acknowledge and agree that
in the event that your domain name registration
is terminated, any future registrant of your
terminated domain name that subscribes to the
catch-all mailbox service with us may receive
e-mails intended for receipt by you or a former
user of your e-mail service, and you agree that
Total Registrations shall have no liability for
any loss or damage whether direct or indirect in
respect thereof.
3.3. The individual
mailbox forwarding service: This is a service
whereby any e-mails sent to the e-mail box of
any domain name(s) for which you have selected
this service (and which has/have been registered
through us) may be forwarded to one or more
other individual e-mail addresses/accounts
belonging to you.
3.4. You warrant that you
will not and neither will you suffer or permit
any other party to use either the catch-all
mailbox service or the individual mailbox
forwarding service:-
3.4.1. for spamming, which
includes, but is not restricted to, the mass
mailing of unsolicited e-mail, junk mail, the
use of distribution lists (mailing lists) which
include persons who have not specifically given
their consent to be placed on such a
distribution list; or
3.4.2. in any way
whatsoever which would contravene any applicable
legislation or the generally accepted rules for
Internet and e-mail usage.
3.5. You shall have sole
responsibility for notifying us that any e-mail
forwarding service provided to you hereunder
should be terminated or changed in any way (in
the event of termination of the domain
registration or any changes in the e-mail
addresses, for which the service is set up) and
for notifying all such third parties as may be
necessary of any changes to or discontinuation
of any of your e-mail addresses. Total
Registrations shall have no liability for any
loss or damage whatsoever which arises directly
or indirectly from your failure to make any such
notifications.
3.6. You shall indemnify
and keep Total Registrations fully indemnified
against all claims, proceedings, expenses,
liabilities, costs, loss or damage arising out
of any breach of any of your obligations under
this clause 3.
3.7. Without prejudice to
any other rights or remedies which Total
Registrations may have in the event of any
breach of your obligations under this clause 3,
Total Registrations shall in the event of any
such breach have the right to terminate without
notice to you any provision to you of the
catch-all mailbox service and/or individual
mailbox forwarding service. On doing so, Total
Registrations shall not be obliged to store any
e-mails or to forward any unsent e-mails to you
or a third party.
3.8. Because these e-mail
forwarding services are free of charge, we
reserve the right to terminate their provision
to you by giving thirty (30) days written notice
to you. This clause 3.8 does not affect our
rights to terminate under clause 3.7 above and
for the avoidance of doubt, Total Registrations
shall have no obligation to provide either of
the services in respect of any domain name after
termination (howsoever arising) of the
Registration Agreement in respect of such domain
name.
4. URL FORWARDING
4.1. Total Registrations
may make available to you upon your request a
URL forwarding service in respect of the domain
name(s) you register through us. This service
comprises the automatic forwarding of Internet
users who type in your domain name on the
address bar of their Internet browser, to
another domain name designated by you. You can
opt to be provided with this service by
modifying your account to set up this service in
respect of your chosen domain name(s). By opting
for this URL forwarding service you represent
and warrant that you have the right to
authorise such
forwarding.
4.2. Without prejudice to
any other rights or remedies which Total
Registrations may have, you agree that we have
the right at our sole discretion to suspend or
terminate your URL forwarding service without
notice to you in the event of any breach of any
of your obligations under this clause 4, or if
we determine in our sole discretion that your
service is being used for any unlawful or
harmful purpose, or is forwarding users to a
website or URL which is inappropriate or
offensive, or in order to deal with any
complaint from any third party in relation to
any URL forwarding involved in your URL
forwarding service.
4.3. You shall indemnify
and keep Total Registrations fully indemnified
against all claims, proceedings, expenses,
liabilities, costs, loss or damage arising out
of any breach of any of your obligations under
this clause 4.
4.4. Because this URL
forwarding service is free of charge, we reserve
the right to terminate its provision to you by
giving thirty (30) days written notice to you.
This clause 4.4 does not affect our rights to
terminate under clause 4.2 above and for the
avoidance of doubt, Total Registrations shall
have no obligation to provide the service in
respect of any domain name after termination
(howsoever arising) of the Registration
Agreement in respect of such domain name.
4.5. All domain names
registered through Total Registrations that use
Total Registrations name servers are pointed to
a "Coming Soon" Web page which informs visitors
that the registrant has recently registered
their domain name via Total Registrations. The
"Coming Soon" Web page may be modified at any
time by Total Registrations without prior notice
to you and may include such things as, without
limitation (i) links to additional products and
services offered by Total Registrations, (ii)
advertisements for products and services offered
by third-parties, and (iii) an internet search
engine interface. If for any reason you do not
wish to have the domain name you have registered
pointed to a "Coming Soon" Web page, please
change the name servers on your domain name to
use alternative name servers than those of Total
Registrations or use your Total Registrations
account to opt-out of the "coming soon" web page
for each of your domain names.
5. HOSTING
5.1. The Customer grants
to Total Registrations, for the duration of the
Contract, a non-exclusive, non-transferable
licence
to host the Customer Website in accordance with
the provisions of the Contract, solely for the
purposes of providing the Services and
availability of the Website over the Internet.
5.2. The Customer shall be
primarily responsible for publishing and
updating the Customer Website, where,
exceptionally and as part of a technical service
request initiated by the Customer and accepted
by Total Registrations, Total Registrations
agrees to update the Customer website.
The Customer will provide all Customer
Material which the Customer wishes Total
Registrations to post on the Customer Website in
a condition which shall be "server-ready" and
which requires no additional manipulation on the
part of Total Registrations. Total Registrations
shall be under no obligation to validate such
Customer Material for content, correctness,
legality or usability and the Customer shall
retain its own copies of all such Customer
Material.
5.3. The Customer
recognises that using Total Registrations
Website Hosting Services requires a certain
level of knowledge on the Customer’s part in the
use of Internet languages, protocols and
software. The following
examples are offered:
- Web
Publishing: requires a knowledge of HTML,
properly locating and linking
documents, FTPing Web
contents, graphics, sound, text,
imagemapping etc;
- CGI
scripts: requires a knowledge of the UNIX
environment, Telnet, Vi, Perl, C Shell,
permissions etc.
5.4. The Customer warrants
that it has the necessary knowledge referred to
in clause 5.3 above and acknowledges that it is
not the responsibility of TWS to provide such
knowledge or to provide customer support unless
otherwise agreed in writing with TWS.
5.5. The Customer
acknowledges and accepts that it bears sole
responsibility, legal and otherwise, for the
content of all Customer Material appearing on
its Website and for its compliance with relevant
legislation. For the avoidance of doubt, this
clause shall apply to all Material, whether
posted on the Customer’s Website by or on behalf
of the Customer (whether by Total Registrations
or a third party).
5.6. The Customer
warrants, represents and undertakes in relation
to all Customer Material (including any Material
which it requests TWS to post on the Customer
Website) that:
- it is not
Inappropriate Material;
- the
Customer either has sole ownership of all
Intellectual Property Rights in the Customer
Material in each jurisdiction from which the
Website may be accessed and/or has obtained
full and effective licence(s) from all
relevant third parties allowing the Customer
or a third party acting on behalf of the
Customer to use the Material and to permit
its dissemination worldwide.
5.7. The Customer
undertakes not to link to any Inappropriate
Material from the Customer Website and, where it
becomes aware of any link between the Website
and any Inappropriate Material agrees to sever
that link forthwith.
5.8. Total Registrations
shall retain the right at all times to refuse to
post any Material and to suspend availability of
the Customer Website, place a prominent notice
on the Customer Website where an allegation of
defamation or Intellectual Property Right
infringement is made by a third party or place a
link on the Website to another Website
containing the alleger’s version of events
and/or to remove any Material already appearing
on the Website which in the opinion of Total
Registrations may under the laws of any
jurisdiction from which it is possible to access
the relevant Website:
- constitutes
or would if posted constitute Inappropriate
Material;
- breaches or
would if posted breach Relevant Legislation
or any other applicable regulations,
standards or codes of practice
(notwithstanding that compliance may not be
compulsory); and/or
- harms or
would if posted harm the reputation of Total
Registrations in any way.
5.9. Total Registrations rights to suspend availability of the Customer’s Website and/or remove content under clause 5.8 above shall be without prejudice to the Customer’s sole responsibility for content of the Website under clause 5.5 and to the warranties given by the Customer relating to that content in clause
5.6.
The Customer agrees to co-operate with
Total Registrations in relation to the
investigation of any allegations falling within
the scope of clause 5.8 above.
5.10. Posting of Material
by Total Registrations on the Customer Website
shall not under any circumstances constitute a
waiver of any of its rights in relation to such
Material or of its rights in relation to any
breach of the Customer’s obligations under the
Contract.
5.11. The Customer
undertakes fully to virus-check all data and
Material supplied to Total Registrations
pursuant to the Contract.
5.12. The Customer
undertakes not to embark on any course of
action, whether by use of the Customer Website
or any other means, which may cause a
disproportionate level of Website activity
without providing at least seven day’s prior
notice in writing to Total Registrations.
5.13. In the event that
the Customer, whether by breach of clause 5.5
above or otherwise, uses substantially more
Server resources than the average used by them
over the previous month or otherwise makes use
of the Services which in the reasonable opinion
of Total Registrations is excessive or otherwise
to the substantial detriment of the other
customers for the Services Total Registrations
reserves the right to suspend or limit the
provision of Services to the Customer.
Total Registrations will, where
practicable, give the Customer such notice as is
reasonably practicable of its intention to
operate pursuant to this clause.
5.14. The Customer will be
liable for any excess network traffic over the
limit as specified in the Price List or as
specified by written quotation’ and in the event
of any network traffic attributable to the
Customer Total Registrations may charge
additional Charges in accordance with clause 8
below.
5.15. Total
Registrations will make every effort to backup
customer account data, however will undertake
backups on a best efforts basis and we accept no
liability for any loss arising from any failure
in the backup process. Therefore, we take
no responsibilities for the customers data
stored on its systems that have been uploaded or
stored by the customer. It is the
customers sole responsibility to ensure that
they have backup copies of their data.
Total Registrations is not responsible, under
any circumstances, for any data loss from a
Customer's account. Where a customer has
accidentally deleted data from their account
Total Registrations will charge to restore their
data at an agreed rate prior to the restore
taking place. Restoration of data is
provided on a best efforts basis and Total
Registrations provides this bespoke service only
on the customers acknowledgement of this caveat.
6. DNS MANAGEMENT
6.1. The DNS Management
Service is provided solely for the Customer's
own use and the Customer shall not be permitted
to resell or attempt to resell the Service (or
any part or facility of it) to any third party.
6.2. The Service must
not be used:
(a) to send,
knowingly receive, upload, download, use or
re-use any informationor material which is
offensive, abusive, indecent, defamatory,
obscene or menacing,
or in breach of confidence, copyright, privacy
or any other rights;
(b) in any way that
cause annoyance, inconvenience or needless
anxiety;
(c) to send or
provide unsolicited advertising or promotional
material, or to
knowingly receive responses to any unsolicited
advertising or promotional
material sent or provided using the
Service by any third party;
(d) other than in
accordance with the acceptable use policies of
any connected networks
and the Internet Standards, or
(e) otherwise in a
way that causes Total Registrations loss or
damage.
6.4. By using the DNS
Management service, the Customer agrees to only
manage domain names and IP addresses that it is
lawfully in control of. The
Customer must not attempt to provision DNS
records for domain names that have not been
agreed in writing from the domain owner or IP
addresses that have not been sanctioned for use
by either Total Registrations or the agreed host
provider to which the IP addresses belong.
6.5. It is the Customers
responsibility to ensure they have sufficient
knowledge to manage their own DNS service and
Total Registrations cannot be held liable for
any DNS configuration changes that
a customer makes, that results in any down time
of loss of service to any services the DNS has
been configured for, such as web and email.
6.6. Where a customer
configures the DNS service using a CNAME DNS
record it is the customers responsibility to
avoid pointing domain names to web sites where
it does not have express permission from the
site owner. Where it has been
established that the customer has in error or
otherwise pointed the CNAME DNS record to a web
site without permission, the customer agrees to
remove the DNS entry immediately and Total
Registrations reserves the right to disable the
DNS service.
6.7. The DNS service is
provided to the Customer as a means to manage
various internet services for their domain names
and is meant as a entry level DNS Management
service for small to medium sized business.
Should Total Registrations deem the
service is being used by the Customer in a
capacity which is depleting resources or
effecting the operation of other DNS Management
Customers then it reserves the right to disable
or withdraw the service without notice.
7. THE CUSTOMER'S
SECURITY RESPONSIBILITES
7.1. Once you have
completed the sign-up process to the Total
Registrations service, you will be given an
account identifier (could be an email address or
number) and password. You agree to keep safe
your password, account identifier and all
contact handle information (together "Security
Information") in relation to the Total
Registrations service. You acknowledge that
allowing a third party access to any Security
Information may compromise the security of
Domain Registrant details, credit card details
and account information. You agree to indemnify
Total Registrations and hold it harmless in
respect of all damages, losses, expenses or
costs incurred as a direct result of a
compromise in security attributable to you or
your having made available Security Information
to a third party, whether intentionally or
otherwise.
7.2. Total
Registrations employs numerous security features
to protect Security Information, Personal Data
and the integrity of its various systems that
comprise the Total Registrations platform.
Total Registrations takes security seriously and
periodically improves various aspects of its
system security by deploying security fixes and
performing regular security scans amongst other
measures. Total Registrations monitors
system security and resources daily to prevent
malicious attacks and reacts immediately to
alerts that are generated from security
appliances. Every effort is made to
protect system resources and we therefore will
not be held responsible if any account is
compromised by an unauthorised party. We
also reserve the right to suspend an account and
the services associated with the account until
the compromise is identified and remediation
action taken to stop it happening again.
Whilst the service is suspended we will not be
liable for any costs, claims, damages and
expenses as a result of the suspension. In
these instances we reserve the right to charge
for time spent investigating any compromises,
and assistance in undertaking remediation action
but will notify the account holder of what these
charges might be in advance of any remediation
taking place.
8. FEES & PAYMENTS
8.1. You agree to pay
Total Registrations' fees as specified at the
time of purchase in the price list on its web
site at www.totalregistrations.com or as
indicated in your account for any domain names
you select. In applying for the registration of
a domain name, you agree to check its
availability for registration and the domain
name registration details. All fees for any
domain names purchased through the Total
Registrations service are due immediately and we
are entitled to deduct the same from your
Account forthwith. You will not be eligible for
any refund in whole or in part once payment has
been taken during the registration process and
the domain name has been submitted by us for
registration, except as otherwise provided under
these Terms and Conditions. Please see clause 17
on your right to cancel and claim a refund if
you are a Consumer.
8.2. All payments made to
your Total Registrations Account will be used to
purchase domain names on your request at a time
convenient to you. No domain names can be
purchased without sufficient funds in your
Account to cover the cost of your purchase and
Total Registrations will not be obliged to make
any application or reserve or seek to reserve
any name unless the Account is in credit for the
funds required and shall not be liable for any
failure to make or delay in making any
application because we are awaiting a deposit of
funds into your Account. No funds will be
credited to your Account until they have been
cleared and made available to Total
Registrations whether this be via credit or
debit card, PayPal, wire transfer or funds
transfer from your bank account. No refunds of
deposits can be made after 90 days have elapsed
since the date of the deposit.
9. TERM
9.1. Unless sooner
terminated in accordance with these Terms and
Conditions, the Registration Agreement shall be
deemed to last, in respect of each domain
registered by you, until three hundred and sixty
five (365) days from the date of registration
multiplied by the number of years for which the
domain registered by us on your behalf has been
registered. In any such registration period when
a leap year forms part of the period then one
(1) day must be added for each occurrence of the
leap year within such period.
9.2. On or before expiry
of the registration period you (or one of the
appropriate contacts notified by you) will
(provided that you are not in breach of these
Terms and Conditions) be given the opportunity
to renew your registration for units of one year
up to a maximum of 10 years on our standard
terms and conditions of service applicable at
that time. Any domain name renewals carried out
by us on your behalf will be subject to our
associated fees as set out in the price list
described in clause 8.1. If you elect to renew
after the registration period has expired, Total
Registrations cannot be responsible if any
domain names have become unavailable during the
period between your registration lapsing and
your electing to renew your service with us.
9.3. You agree that we may
allow you to renew your domain name after its
expiration date, but that once the expiration
date has passed we are under no obligation to do
so. You agree that after the expiration date of
your domain name registration and before it is
deleted or renewed, we may direct your domain
name to a web site designated by Total
Registrations, which may include, without
limitation, an "under construction" or other
temporary page that may include promotions and
advertisements for Total Registrations and/or
third party product and service offerings, and
you agree that we may place our contact
information in the expired domain’s WHOIS
record.
9.4. For domains sponsored
by ICANN, should you fail to renew your domain
name prior to an 8 (eight) day grace period, you
agree that we may, in our sole discretion,
delete the domain name registration, or on your
behalf renew and transfer the domain name to a
third party buyer identified by us (such a
transaction is hereinafter referred to as a
“Post Term Renewal and Transfer”).
9.5. Not withstanding the
above our policy for Deletion and Renewal of
domain names can be found here
http://www.totalregistrations.com/DeletionRenewalPolicy.aspx
10. ACCOUNT
INFORMATION, PERSONAL
10.1. The account number
and password made available by us to you on
agreeing to the provision of our services must
be used to access your account to make
modifications to the domain contact details
submitted by you, promptly on any change in
these details. You will be responsible in all
instances for ensuring that the information
which you enter into your account is true and
accurate and to monitor the information and
update it so as to ensure its continued
accuracy. Your wilful
provision of inaccurate or unreliable
information, wilful
failure promptly to update information provided
to Total Registrations, or your failure to
respond for over fifteen calendar days to
inquiries by Total Registrations concerning the
accuracy of contact details associated with your
domain name registration shall constitute a
material breach of this contract and be a basis
for cancellation of the domain name
registration. Total Registrations cannot and
will not be held accountable in respect of the
deletion or non-renewal of any domain name which
was caused through incorrect information
provided by you or on your behalf or by your
inaccurate maintenance of your account and
domain information.
10.2. Total Registrations
agrees to hold all account information in a
format that it deems appropriate in order to
fulfil
our obligation to you as a registrar. All
information held, will be used in accordance
with our privacy policy located at the following
web address:
http://www.totalregistrations.com/PrivacyStatement.aspx,
and for the "day to day" activities, which allow
us to provide the Total Registrations service to
you.
10.3. All reasonable precautions will be taken to protect your Personal Data from loss, misuse ,unauthorized access or disclosure, alteration, or destruction.
10.4. You agree to protect
and hold harmless and keep Total Registrations
fully indemnified from and against any and all
liability arising out of any failure by you to
provide information (during the registration or
account maintenance process) in accordance with
these Terms and Conditions. You agree to seek
permission (consent or otherwise) from any party
concerned to supply their personal information
to us for the purpose of maintaining accurate
contact information on the Total Registrations
domain contact database and to include such
information and make the same available to us
only in accordance with the provisions of
General Data Protection Regulation 2018.
10.5. You hereby grant
Total Registrations permission to disclose
through a publicly accessible database the
following registrar information: the domain
name; your name and postal address; the name(s),
postal address(es),
e-mail address(es), telephone number and where
available fax number(s) of the technical,
administrative and billing contacts for your
domain name; the Internet protocol numbers of
the primary and secondary name server(s); the
corresponding names of those name servers; the
original domain name creation date; and the
expiration date of the registration. Total
Registrations is required by ICANN to make
information available in bulk to third parties
(For disaster recovery and business continuity),
who agree not to use it in the bulk transmission
of unsolicited e-mail and high volume, automated
electronic processes that are used in
conjunction with our systems to register domain
names during the Total Registrations' domain
name registration process.
Any information provided through a publicly
accessible database such as WHOIS, will by
default, be redacted unless you expressly
provide consent to allowing this data to be made
public. All whois output will
be governed according the ICANN's Whois
compliance model available at www.icann.org.
10.6. Total Registrations
undertakes to the Customers that it will:
10.6.1. agrees to seek
appropriate registration under the General Data
Protection Legislation and that it will only
process data pursuant to that Legislation;
10.6.2. obtain and process
information in accordance with its Privacy
Policy as covered in clause 10.2;
10.6.3. periodically audit
its data foot print to ensure it continues to
meet the General Data Protection Legislation;
10.6.4. continue to evolve
its system to protect personal data from a Data
Breach;
10.6.5. train its staff in
Data Protection principals and continue to
evolve its processes to facilitate this.
11. THIRD PARTY
PURCHASES
11.1. You agree that in
the event that a domain name is purchased
through the Total Registrations service by your
agent (e.g. Internet Service Provider, web
designer, employee, etc.) on your behalf, you
are nonetheless bound by all of these Terms and
Conditions.
11.2. By using an agent
you accept (as between yourself and Total
Registrations) full responsibility for any
errors or omissions arising out of your agent's
negligence at the time of registration or during
the modification of contact information in
relation to each domain name purchased through
your agent. No refunds will be given whatsoever
to you or your agent where such negligence has
occurred.
11.3. Where you purchase
any domain name through us as an agent for any
third party, you warrant that you have authority
to act as such agent, you agree that you will
inform the end user customer of the contents of
these Terms and Conditions and procure from him
or her in advance the authority to bind him or
her to these Terms and Conditions and that you
will indemnify Total Registrations against any
costs, claims, damages and expenses arising out
of or by reason of any breach of this clause by
you.
11.4. You agree to
indemnify, defend and hold harmless any domain
name registry used by Total Registrations to
register your domain name, including, but not
limited to, Nominet, Verisign Registry, Afilias
Registry, CentralNic, Key Systems, NeuStar, BRS
Media, Global Domains, Registro it, Eurid, BRS
Media, Open Provider, Key Systems and Public
Interest Registry and its subcontractors and the
members, shareholders, directors, officers,
employees, affiliates and agents from and
against any and all claims, damages,
liabilities, costs and expenses including
reasonable legal fees and expenses which it may
suffer or incur arising out of or relating to
your domain name registration. This
indemnification obligation shall survive the
termination or expiration of this registration
agreement.
12. DOMAIN NAME
DISPUTE POLICY
12.1. When you register or
have registered on your behalf a domain name
through the Total Registrations service you
agree to be bound by our current Domain Name
Dispute Policy located at
www.totalregistrations.com. Total Registrations
has adopted the ICANN Formulated Uniform Dispute
Resolution Policy, but you hereby agree that
Total Registrations shall have the ability to
change this policy or introduce a new policy and
to vary any future policy at its discretion by
giving 30 calendar days notice on your account
homepage. You agree that if the Domain Name
Dispute Policy is modified during the term of
your registration, you will be bound by its new
contents. You acknowledge that if you do not
agree to any such modifications, then your only
remedy will be to terminate the Registration
Agreement within such 30 day notice period by
notice in writing to us forthwith, without
refund. Any unused portion of credit funds
available in your Account will be refunded in
these circumstances. The purpose of the UDRP is
to set forth the terms and conditions which
shall govern a dispute between a registrant and
any other party (expressly excluding the
Registry Operator for the domain in question and
Total Registrations) over the registration and
use of a domain name registered by a registrant.
13. DOMAIN NAME
DISPUTES
13.1. By using the Total
Registrations service you agree to be subject to
the provisions set forth in our Domain Name
Dispute Policy from time to time applying, which
is hereby incorporated in the Registration
Agreement. Should any third party dispute your
right to any domain name registered by us for
you or on your behalf, Total Registrations is
given full rights by you to suspend during a
dispute the ability to make modifications to the
domain contact details. Full rights to modify
such details will only be re-instated once proof
has been supplied by both parties to the dispute
or an administrative or judicial body that the
dispute has been resolved and, if such
administrative or judicial body requires the
cancellation or transfer to any third party of
the domain name in dispute or modification of
any details relating to the domain name, then
you agree to our carrying out such cancellation,
transfer or modification without liability or
refund of any monies to you. By making use of
our Domain Name Dispute Policy, you agree to
indemnify and hold harmless Total Registrations
from any litigation arising out of a dispute as
to the ownership or use of any domain name, save
for any litigation which is wholly attributable
to the serious negligence or wilful default of
Total Registrations.
14. LIMITATION OF
LIABILITY
14.1. Save as expressly
set out in the remainder of this clause 14,
Total Registrations' entire liability with
respect to a breach of these Terms and
Conditions or to its negligence or any other
liability is solely limited to five (5) times
the fees paid by you for the service you
purchased.
14.2. Total Registrations
shall not be liable for any loss of profits,
loss of business, loss of revenue or other type
of economic loss or for indirect, incidental or
consequential damages arising out of the use of
the Total Registrations service, whether caused
by negligence or otherwise.
14.3. Nothing in this
clause shall be taken to exclude or limit the
liability of Total Registrations for death or
personal injury resulting from its negligence or
for any other liability which cannot validly be
excluded by law.
14.4. Nothing in these
Terms and Conditions shall affect your statutory
rights as a Consumer.
14.5. Total Registrations
shall not be liable to you or be deemed to be in
breach of the Registration Agreement by reason
of any delay in performing, or any failure to
perform, any of our obligations hereunder, if
the delay or failure was due to any cause beyond
our reasonable control, which shall include but
not be limited to any decision of any Registry
Operator.
15. DOMAIN NAME AND YOUR REPRESENTATIONS
15.1. You agree that by
registering your domain name through the Total
Registration service that this does not
guarantee ownership of the domain name and that
Total Registrations cannot and does not purport
to grant rights in respect of domain names that
are more extensive or different in nature to
those stated by ICANN or other Naming Committee
bodies or found by applicable law to exist in
domain names. Further, you acknowledge that your
domain name may be objected to by a third party
or court of law and therefore the rights to the
name may be cancelled or transferred to another
party should it be found that they have a legal
right to its ownership or to object to its
registration or use. Your rights in respect of
the domain name shall cease in any case when the
domain fees have not been received by Total
Registrations by the due date for renewal of the
name and the domain will be deemed expired and
be released back into the domain pool for
re-registration by another registrant. Usage of
a domain name shall be unrestricted unless a
domain is involved in a legal dispute or in
Total Registrations' reasonable opinion it
appears likely to be so or payment for the
domain name has not been received.
15.2 You agree and accepts that, for reasons of security and/or in accordance with ICANN and other registry policies, that we shall set domain locks
under certain circumstances, including but not limited to domain name registrations, domain name transfers, and any Material Changes to domain name owner
details, which shall be labelled “clientTransferProhibited”. The Customer will nevertheless be able to remove the transfer lock in order to allow a transfer of a
domain name.
15.3 As part of the domain registration process of a domain name, you are required to provide us with accurate and reliable contact details including:-
(a) Name and postal address, e-mail address, voice telephone number and fax number (if available) of the holder of the domain name;
(b) Names of the primary nameserver and secondary nameserver(s) for the domain name;
(c) Name, postal address, e-mail address, voice telephone number and fax number (if available) of the administrative contact for the domain name;
(d) Name, postal address, e-mail address, and voice telephone number and fax number (if available) of the billing contact for the domain name; and
(e) Name, postal address, e-mail address, and voice telephone number and fax number (if available) of the technical contact for the domain name.
15.4 We do not guarantee that you can register a requested domain name, even if our system indicates that the domain name is available.
15.5 A domain name will be deemed active when the associated registry accepts the domain name application and activates the domain name registration or renewal.
15.6 By applying to register a domain name, or by asking us to maintain or renew a domain name registration, you hereby represent and warrant to us that
(a) the statements that you made in connection with the domain name registration, maintenance or renewal are complete and accurate;
(b) to the best of your knowledge the registration of the domain name and the manner in which is it directly or indirectly used will not infringe upon or otherwise violate the rights of any third party;
(c) you will not be involved in distribution of malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engage in activity contrary to applicable law;
(d) you will not use the domain name in violation of any ICANN or registry policies, applicable laws or regulations, or legal rights of others,
(e) that you will correct and update information about you within seven (7) days of any change;
(f) that you will respond within fifteen (15) days to any enquires by us concerning the accuracy of contact details associated with your domain name registration.
15.7 Should you intend to license use of a domain name to a third party you shall nonetheless be the domain holder of record and are therefore 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. You shall accept liability for harm caused by wrongful use of the domain, unless you disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm within seven (7) days. span> You also represent that you will secure the agreement of any third party to the terms and conditions of this Agreement.
15.8 You acknowledge that a breach of your representations will constitute a material breach of the Agreement, which will entitle either us or a registry to terminate this Agreement immediately upon such breach and/or suspend and/or cancel the domain name registration without any refund and without notice to you.
16. CONFORMANCE
16.1. You agree that
breach of any of your obligations under these
Terms and Conditions or any contract entered
into by you pursuant to any of the Registry
specific clauses listed in clause 2 may result
in the deletion of your domain(s) or suspension
of your account with us without prejudice to the
right of Total Registrations to terminate this
Agreement in the event of material breach on
your part or any other rights or remedies which
Total Registrations may have. No refunds will be
given in the event of any termination,
suspension or deletion falling within this
clause.
17.
REPRESENTATIONS & WARRANTIES & INDEMNITY
17.1. You agree and
warrant that; the information you supply or your
agent supplies on your behalf for the purpose of
completing the domain name registration process
through Total Registrations is true and accurate
to the best of your knowledge and belief; to the
best of your belief, the registration of your
domain name or the manner in which you intend to
use the domain name does not or will not
directly or indirectly compromise the legal
rights of any third party; you have the power
and authority to enter into the Registration
Agreement and to perform the obligations herein;
and that the use of the Total Registrations
service is solely at your own risk.
17.2. You shall pay us any
and all reasonable costs, claims and expenses
arising out of any claim that your registration
or use of any domain name registered through us
infringes the intellectual property rights of a
third party.
18. MODIFICATIONS
TO THESE TERMS
18.1. You agree that
throughout the term of the Registration
Agreement we hold the right to modify these
Terms and Conditions by giving thirty (30)
calendar days notice. Notice will be posted on
the Total Registrations web site located at
www.totalregistrations.com and may also be made
available to you by such additional means as in
our sole discretion we deem appropriate. You
also agree that Total Registrations can for a
valid reason change part of the services
provided under the Registration Agreement by
giving like notice. By continuing to use the
Total Registrations service subsequent to any
revisions or changes in effect after the thirty
(30) calendar days notice period, you agree to
abide and be bound by the revised Terms and
Conditions.
19. TERMINATION BY
US/CANCELLATION BY YOU IF YOU
19.1. You agree that we
may terminate your contractual rights to use the
Total Registrations service, if the information
that you are required to supply to register your
domain name or to sign up for a Total
Registrations account, or pursuant to these
Terms and Conditions, contains falsified or
misleading information. You also agree that we
may suspend, cancel or transfer your domain name
registration pursuant to any ICANN adopted
specification or policy, or pursuant to any
registrar or registry procedure not inconsistent
with an ICANN adopted specification or policy,
(1) to correct mistakes by Registrar or the
Registry Operator in registering the name or (2)
for the resolution of disputes concerning the
Registered Name or to resolve a dispute
under our dispute policy. No refund will be
granted if we terminate your service under this
clause.
19.2. Cancellation by you
if you are a Consumer: You will not be able to
cancel the Registration Agreement pursuant to
The Consumer Protection (Distance Selling)
Regulations 2000 (as amended, replaced or
re-enacted from time to time) (right to cancel
within 7 working days of the conclusion of a
distance contract) once you have submitted your
application for registration to us and
performance of Total Registrations' services has
begun.
20. OUR RIGHT TO
REFUSE
20.1. Total Registrations
reserves the right to refuse to register your
chosen domain name or to allow you to sign-up as
a Total Registrations Account Holder. We also
reserve the right to delete your domain or sell
your domain should we find a credit card charge
back has been made or payment has not been
received to cover the cost of the domain name
registration. We will however not be liable for
any losses or damages arising out of our refusal
to register or deletion of your domain name
registrations pursuant to this clause 20.
21. TRANSFER OF
DOMAINS
21.1. You have the right
to transfer your domain name registration to a
third party of your choice save where the domain
name is the subject of legal proceedings or
proceedings under the Domain Name Dispute Policy
or other applicable dispute policy, The domain
name is not in locked state, the domain name is
not in suspension state and the domain name is
not in redemption state. If we have to manually process the transfer of a domain we will charge and administration fee of £10 (or converted equivalent in euros or dollars) (+ VAT if applicable) per domain. This will have to be paid in full before the transfer is processed.
22. SEVERANCE
22.1. If any provision of
these Terms and Conditions is held to be
unenforceable in whole or in part the other
terms and the rest of the provisions shall
continue to be valid and enforceable.
23. RELATIONSHIP
OF PARTIES
23.1. Nothing in these
Terms and Conditions shall operate to create a
relationship of partnership or joint venture or
principal and agent between you and us.
24. RESELLERS
24.1 If purchase any of
our services for the purpose of reselling rather
than for your own use then you agree to be bound
by the additional Reseller obligations as listed
in section 24.2 to 24.7 of these terms.
24.2 You are prohibited
from displaying the ICANN or ICANN-Accredited
Registrar logo, or from otherwise representing
yourself as accredited by ICANN unless you have
written permission from ICANN to do so.
24.3
Any registration agreement used by you shall
include all registration agreement provisions
and notices required by the ICANN Registrar
Accreditation Agreement and any ICANN Consensus
Policies, and shall identify Total Registrations
as the sponsoring registrar.
24.4
You shall identify Total Registrations as the
sponsoring registrar upon enquiry from the
customer.
24.5
You shall ensure that the identity and contact
information provided by the customer of any
privacy or proxy registration service offered or
made available by you in connection with each
registration will be deposited with Total
Registrations or held in escrow or,
alternatively, display a conspicuous notice to
such customers at the time an election is made
to utilise
such privacy or proxy service that their data is
not being escrowed. Where escrow is used, the
escrow agreement will provide, at a minimum,
that data will be released to Total
Registrations in the event you breach these
terms, and such breach is harmful to consumers
or the public interest. In the event that ICANN
makes available a program granting recognition
to resellers that escrow privacy or proxy
registration data as detailed above, and
reseller meets any other criteria established by
ICANN in accordance with its Bylaws, you shall
be permitted to apply to ICANN for such
recognition.
24.6
You shall provide to your Registered Name Holders this link (https://www.icann.org/resources/pages/benefits-2013-09-16-en) to the Registrants' Benefits and Responsibilities Specification and shall not take any action inconsistent with the corresponding provisions of this Agreement or applicable law.
24.7 You shall clearly
display renewal fees, post-expiration renewal
fees and redemption/restore fees on your
website.
24.9
If you are in breach of any of the
provisions of Section 22 of this Agreement, we
shall take reasonable steps to notify you that
you are in breach of the Agreement and that we
have the right to terminate this agreement.
25. LAW
25.1 These Terms and
Conditions shall be governed by English law. By
agreeing to be bound by these Terms and
Conditions you agree to submit to the exclusive
jurisdiction of the English Courts except in
respect of any dispute falling within the
Uniform Domain Name Dispute Policy in which case
such policy will determine how and according to
what rules the dispute will be disposed of
and for the adjudication of disputes concerning
or arising from use of the domain name, the
domain name registrant shall submit, without
prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts
(1) of the domain name registrant's domicile or
(2) where Registrar is located.
25.2 Total Registrations
reserves the right to sub-contract any of the
work required to fulfil
its obligations hereunder to a third party
and/or to assign or transfer the Contract or
part thereof to a third party.
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