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1. ACCEPTANCE OF
TERMS
The Yahoo! Domains
service (the "Service"), owned and operated by Yahoo! Inc., is
provided to you under the most recent version of the Yahoo! Terms of
Service (“TOS”), located at http://docs.yahoo.com/info/terms/, the Yahoo!
Mail General Guidelines, and any other Yahoo!'s applicable policies and
guidelines ("Guidelines") (all together, the "Terms")
as well as this Service Agreement (together the "Agreement"). For
clarity, Yahoo! Domains is a "Service" as defined in the Yahoo!
Terms of Service. Yahoo! may update and change the Agreement from time to
time. You can always find the most recent version of this Service Agreement
at http://order.sbs.yahoo.com/sbs/tos/domain_tos.html and the most recent version of the
Yahoo! Terms of Service at the URL indicated above.
BY COMPLETING THE
DOMAIN NAME (I.E., WEB ADDRESS) REGISTRATION PROCESS, YOU AGREE TO BE BOUND
BY THE AGREEMENT SO PLEASE READ ALL THE TERMS CAREFULLY. ANY PERSON OR
ENTITY ACTING ON YOUR BEHALF SHALL ALSO BE BOUND BY THESE TERMS AND YOU
AGREE TO BE RESPONSIBLE FOR SUCH PERSON'S OR ENTITY'S ACTIONS.
2. THE SERVICE
Subject to the terms of
the Agreement, Yahoo! will provide the Service which includes assisting you
in acquiring a domain name (i.e., web address) as well as providing you
access to certain Yahoo! Software ("Software") to facilitate your
use of the Service.
PLEASE NOTE: NOTHING IN
THE AGREEMENT OBLIGATES YAHOO! TO LIST OR LINK TO YOUR DOMAIN NAME OR
PROVIDE WEBSITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND
THAT PROVIDED WITHIN THE SERVICE.
You may obtain
full-featured website hosting services from Yahoo! Web Hosting at http://webhosting.yahoo.com.
If you are a domains customer
and have chosen to activate the email services bundled with the Domain
product, you may store up to 10MB of email and attached files (“Stored
Data”) on the system. In the event
that more than 10MB of Stored Data is in your account on the system, Yahoo!
may in its sole discretion and without notice to you, (i) delete any data
in excess of 10MB that is in your account on the system, and (ii) interrupt
the sending and receipt of emails through your account.
3. YOUR AGREEMENT
WITH INTERNET NAMES WORLDWIDE
If You register a new domain name in conjunction with the Service,
the following terms also apply:
Yahoo! has chosen
Internet Names Worldwide (a division of Melbourne IT Limited), or
"INWW," an ICANN accredited registrar for .com, .net, .org, .biz,
.info and .us domain names, to provide domain name registration services.
You hereby authorize Yahoo! to acquire your selected domain name from INWW.
In order to receive a domain name, you must agree to INWW's terms and
conditions located at http://domains.yahoo.com/inwwagree.html
for .com, .net, .org, .biz and .info domain names (“INWW gTLD Terms and
Conditions”) and http://domains.yahoo.com/inwwagree_us.html
for .us domain names (“INWW .us Terms and Conditions”), as may be amended.
You understand that you are creating a separate contractual relationship
between you and INWW, and that you, and not Yahoo!, are responsible for all
fees, liability, and obligations in connection with that relationship. Yahoo
may elect to pay INWW such fees, and in that case You will pay Yahoo for
those payments. You agree that your obligations to indemnify under
"Indemnity" in the Yahoo! Terms of Service includes any claim or
demand associated with your domain name, any domain name pre-registration
services provided through the Service, or the INWW terms and conditions.
You will be listed as
the registrant and administrative contact in connection with your domain
name, unless you choose another registrant and administrative contact. If
you choose a registrant and administrative contact other than yourself,
such person(s) must enter into an agreement directly with the INWW and,
additionally, will be bound by this Agreement in addition to yourself. You
hereby authorize Yahoo! to list itself as the billing contact, technical
contact and name server in connection with your domain name and to take any
actions Yahoo! deems appropriate in those capacities. However, upon
termination of the Service (either because your account expires or is
cancelled by you or by Yahoo! for the reasons described in Section 8
entitled Termination below), Yahoo! may immediately cease acting in those
capacities and reserves the right to transfer your account to INWW for
collection of past-due amounts. In the event of such transfer, you
authorize INWW to serve as the billing contact, technical contact and name
server in connection with your domain name, and to take any actions the
INWW deems appropriate in those capacities. Upon termination of the
Service, Yahoo! will not be responsible to forward any notices, emails or
other correspondence to you or to take any other actions in connection with
your domain name. You will be solely responsible for all ongoing fees, as well
as removing Yahoo! as the billing, technical contact and name servers in
connection with your domain name, unless Yahoo! notifies you otherwise.
4. FEES AND BILLING
To pay for the Service,
you must have a Yahoo! ID. You must also have a Yahoo! Wallet which will
save your credit card, billing and shipping information and other
information. If you do not yet have a Yahoo! ID or Yahoo! Wallet, you will
be prompted to complete the registration process.
The fees for the
Service are set out at http://domains.yahoo.com/services.
All such fees are payable in U.S. dollars to Yahoo!, are non-refundable and
non-creditable, and will automatically be charged to your Yahoo! Wallet
credit card. Fees will be charged yearly, unless you purchase email
services in conjunction with your domain name, in which case fees will be
charged monthly. Yahoo! may alter its fees, but will provide you prior
notice if those alterations will affect you. Yahoo! will automatically bill
your credit card for annual service fees until you submit an online
cancellation notice via your Web Console, located at
http://console.domains.yahoo.com. If your credit card is invalid or you are
otherwise past due in your payments for any reason, the Service may be
terminated and removed from Yahoo!’s servers and all the information
contained therein deleted permanently. Billing will occur annually on your
account start date. If you purchase email services in conjunction with your
domain name, fees will be billed monthly rather than annually until
cancellation notice is received. You will be charged for any extra fee
features or add-ons that you subscribe to or use during each applicable
billing cycle. All payments for the Service are non-refundable. If you have
questions or concerns related to your bill for the Service, please contact
domains-billing@yahoo-inc.com.
5. AUTOMATIC RENEWAL
Unless Yahoo! provides
notice otherwise, this Service and Agreement will automatically be renewed
and you will be billed as described in Section 4. If Yahoo! initially
registers your domain name on your behalf, Yahoo! will automatically renew
your domain name on an annual basis prior to the expiration of your domain name's initial
registration period. In order to ensure that domains are renewed in a timely manner without
an interruption of service, each domain billed through Yahoo will be renewed 15 days prior to
each annual anniversary (multi-year domains will be renewed 15 days prior to the end of the last year).
Timely payment will extend your service and domain registration term for a full year from the
anniversary date. Your domain name will automatically be renewed
with the registrar after the annual fee is successfully billed to the
credit card stored in your Yahoo! Wallet.
6.
Transferring to Yahoo!'s registrar of record
For Domains in which Yahoo! is acting as the billing contact, Yahoo!
may at any time request in writing that You transfer the domain name
registered for the Service to a new registrar of record, under the terms
and conditions of that registrar of record. If You do not agree to this
request within 30 days, You agree that Yahoo! will continue to provide the
Service to You, but may, in its sole discretion, either:
(i) require You to pay an additional fee to Yahoo! for the Service
in order to renew and maintain Your domain name with the prior registrar of
record; or
(ii) require You to be responsible for all fees, including any
renewal fees, directly with the prior registrar of record, in which case
You authorize Yahoo! to cease to pay for the domain name fees as part of
the Service, and change the billing contact details for the domain name from
Yahoo! to You by providing Your applicable Account Information to the prior
registrar of record.
7. Using a pre-existing domain name If
you have previously registered a domain name with another provider and want
to use it with the Service, You must request that the existing registrar
change the name servers for the domain name as designated by Yahoo!, on
Your behalf.
PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE
REGISTRAR FOR THAT DOMAIN NAME AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL
ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING
RENEWAL FEES. THE FEES PAYABLE TO YAHOO! FOR THE SERVICE DO NOT INCLUDE
REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.
8. VERIFYING YOUR DOMAIN NAME
INFORMATION
In compliance with ICANN regulation and the terms and conditions of
the Registrar of Record, as applicable ("Required Information")
and in order to minimize the risk of fraud, Yahoo! may at any time request
You to verify any information required to be supplied by a registrant. If
You fail to respond to any such request or fail to verify any Required
Information to Yahoo!'s reasonable satisfaction, within 15 days of any such
request from Yahoo!, Yahoo! may, in its sole discretion, immediately
terminate Your Service and remove any of Your materials, including Your
domain name, from Yahoo! servers.
9. INDEMNITY
You agree to indemnify
and hold Yahoo, and its subsidiaries, affiliates, officers, agents,
co-branders or other partners, and employees, harmless from any claim or
demand, including reasonable attorneys' fees, made by any third party due
to or arising out of Content you submit, post, transmit or make available
through the Service, your use of the Service, your connection to the
Service, your violation of the Agreement or your violation of any laws,
regulations or rights of another.
10. TERMINATION OR TRANSFER OF DOMAIN NAME
You may terminate your
Service at any time by completing the online cancellation form located at
http://console.domains.yahoo.com. Please note, you will not be entitled to
a refund of any fees, either initial or renewal fees, you have paid to Yahoo! in the event you terminate
your Service. Also, please note that canceling the Service will not
terminate other services you have purchased in conjunction with the domain
name, and that you will still be responsible for any fees for such
services.
Because several features are bundled in the Domains Product Service, transferring your domain away from Yahoo!, whether by modifying the name servers (redelegation) or transferring management of the domain registration to another provider, does not automatically terminate the other features in the Service you have purchased, and you will continue to be billed for the Service. To terminate your Service, complete the online cancellation form located at http://console.domains.yahoo.com.
In addition in order to comply with ICANN regulations, your domain name may not be transferred to another registrar within the first 60 days after your domain name is registered. Yahoo! may also choose to restrict domain name transfers to another reseller of Melbourne IT or transfers to Melbourne IT directly within the first 60 days after a domain is registered.
Yahoo! may, but has no
duty to, immediately terminate your Service and remove any of your
materials, including your domain name, from Yahoo! servers if Yahoo!
receives notice that you have disputed the Service charges with your credit
card company or if your credit card has been declined or for any other
non-payment of Service fees.
In addition, if Yahoo! receives notice that you have disputed the domain
name Service charges with your credit card company, your credit card charge
has been declined or that there has been any other non-payment of domain
name Service fees,
Yahoo may, in its sole
discretion, immediately transfer the relevant domain name from the
registrant of the domain name to Yahoo!
You acknowledge that where Yahoo! transfers such domain name to
Yahoo! under this clause, Yahoo! will hold all rights of the registered
domain name holder in respect of that domain name , including the right to
sell the domain name to a third party (where this was a right held by the
original registrant in respect of the relevant domain name).
In addition, Yahoo!
may, but has no duty to, immediately terminate your Service and remove any
of your materials, including your domain name, from Yahoo! servers if
Yahoo!, in its sole discretion, concludes that you have engaged in illegal
activities, in activities or sales that may damage the rights of Yahoo! or
others, or have violated or threatened to violate the terms of the
Agreement or any other agreement you may have with Yahoo!. Any termination
under this paragraph will take effect immediately. In the event that Yahoo!
terminates your Service in connection with this paragraph, you will not be
entitled to a refund of any fees you have paid to Yahoo!. In addition,
Yahoo! may terminate your Service at its convenience. However, in the event
that Yahoo! elects to terminate your Service at its convenience, as your
only remedy, Yahoo! will refund to you a pro-rata amount of fees which you
have pre-paid.
11. MAINTENANCE AND
SUPPORT
You can obtain
assistance with technical difficulties that may arise in connection with
your utilization of the Software or the Service by requesting assistance by
email to domains-support@yahoo-inc.com. Yahoo! reserves the right to
establish limitations on the extent of such support, and the hours at which
it is available.
You are responsible for
obtaining and maintaining all telephone, computer hardware and other
equipment needed for its access to and use of the Software and the Service
and you will be responsible for all charges related thereto.
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