Automattic Domain Name Registration Agreement
1. Binding Agreement. This is a binding agreement (“Agreement”) between Automattic Inc. (“we,” “us,” “Automattic”), which provides domain name registration services (“Services”) and you, the person or entity registering a domain name(s) through Automattic, your agents, or anyone using the account on your behalf (“Registrant”). Any reference to “Registry” or “Registry Operator” shall refer to the registry administrator of the applicable top-level domain (“TLD”). Your use of any domain name you register with us is subject to this Agreement and the policies of The Internet Corporation for Assigned Names and Numbers (“ICANN”) (collectively, the “Terms”). If you do not accept these Terms or are not of legal age to enter into this Agreement, you are not authorized to use our Services.
2. Domain Name Registration. Domain name registrations are for a limited term, until the expiration date. A domain name will be deemed active when the relevant Registry accepts your application and activates your domain name registration or renewal. We cannot guarantee that you will obtain a desired domain name, even if an inquiry indicates that a domain name is available at the time of application. We are not responsible for any inaccuracies or errors in the domain name registration or renewal process.
3. Required Domain Name Registration Information. As part of the domain name registration process and in accordance with ICANN policies, you are required to submit complete and accurate information, including the following (collectively, the “Registration Information”):
- The domain name requested;
- Your name, postal address, email address, telephone number, and where available, fax number;
- Administrative contact information, including the name, postal address, email address, telephone number, and where available, fax number of the administrative contact for the domain name;
- Technical contact information, including the name, postal address, email address, telephone number, and where available, fax number of the technical contact for the domain name;
- Billing contact information, including the name, postal address, email address, voice telephone number, and where available, fax number of the billing contact for the domain name; and
- The names of the primary and secondary nameserver(s).
Failure to supply accurate and complete Registration Information will constitute a material breach of this Agreement and may result in the cancellation of your domain name registration.
You represent that you have obtained consent from any third party individuals whose personal data you have provided as Registration Information.
4. Information Updating and Accuracy. As a condition to the continued registration of your domain name, you must provide us with updated Registration Information within seven (7) days of any changes to such information. If you willfully provide inaccurate information or fail to update your Registration Information within seven (7) days of any change, then you will be in material breach of this Agreement and we may in our sole discretion cancel your domain registration. Your failure to respond within fifteen (15) days to any inquiry of ours concerning the accuracy of your Registration Information, or to contact us immediately upon discovery of any willful inaccuracy associated with your domain name registration, shall also constitute a material breach of this Agreement and may result in the cancellation of your domain name registration.
5. Privacy Protection. Some of your Registration Information will automatically be made public via WHOIS, unless you enable Privacy Protection. If you have subscribed to Privacy Protection, these terms apply and you agree to abide by these terms. Please see the terms for more information about our Privacy Protection service.
6. Account Security. When you create an account for any of our Services, you agree to provide us with complete and accurate information, and to keep your account information current. You are responsible for keeping your account secure and for any activity that occurs on your account. Please notify Automattic of any unauthorized uses of your account or any other breaches of security. Automattic is not responsible or liable for your acts or omissions.
8. Use and Disclosure of Registration Information. You agree and acknowledge that we will make available your Registration Information to ICANN, to Registry Operators, and to other third parties, including law enforcement, as applicable laws may require or permit. Additionally, you acknowledge and agree that ICANN may establish guidelines, limits, and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities, and the manner in which such information is made available. Further, you hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. Moreover, you hereby irrevocably waive any and all claims and causes of action that may arise from such disclosure or use of your Registration Information.
9. Domain Name Expiration. If you do not renew your domain name registration on time, it will expire and become inaccessible to you. In the event that you fail to renew the domain name in a timely fashion, the registration will expire and we may, at our discretion, elect to assume the registration and may hold it in our account, delete it, or sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration. You are solely responsible for renewing its registration in a timely manner.
It may be possible to reclaim your domain name registration for an additional fee after it has expired, but there is no guarantee that it will still be available.
10. Payment & Automatic Renewals. Timely payment of fees is a precondition to your domain name registration. All fees are non-refundable, unless expressly noted, even if your domain name registration is suspended, cancelled, or transferred prior to the end of your current registration term. You are required to provide us with accurate and current payment information in order to process your domain name registration.
To prevent you from losing your domain name registration, automatic renewal is enabled on all registrations with current payment information. You authorize us to collect the then-applicable annual registration fee (as well as any taxes that we have the legal obligation to collect or pay) using any credit card or other payment mechanism we have on record for you. We may collect fees one month before the end of the registration period to allow for time to address any potential billing issues. You can turn off automatic renewal for your domain name registration or plan by choosing the option to cancel.
If we are unable to collect all fees through your selected payment method or if we receive notification of a chargeback, reversal, or payment dispute, or are charged any penalty for a fee for your Service, we may, without notice, cancel your Service and/or pursue all available remedies to obtain payment for fees and additional fees incurred.
11. Domain Name Transfers and Cancellations. You agree that prior to transferring ownership of the domain name to another person (the “Transferee”) you shall require the Transferee to agree, in writing, to be bound by all the terms and conditions of this Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by Automattic in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. Registrant and Transferee both authorize Automattic to act as their Designated Agent to approve a Change of Registrant on their behalf, as stipulated by ICANN’s Transfer Policy.
Please be aware that once you cancel your domain name registration there is no guarantee that you will be able to register it elsewhere. If you wish to transfer your domain name registration to another registrar, do not cancel your registration. Note that you can only transfer a domain name after the mandatory 60 day waiting period required by ICANN, and your transfer will be governed by ICANN’s Transfer Policy.
12. ICANN Required Disclosures. A summary of your rights and responsibilities as a domain name registrant under ICANN’s 2009 Registrar Accreditation Agreement can be found here. You can learn more about domain name registration generally here.
13. Licensing. If you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name Registrant, and remain responsible for strict compliance with this Agreement, including but not limited to payment obligations, and providing and updating accurate Registration Information. Further, you accept liability for any actions of the licensee using the domain name unless you disclose the current contact information provided to you by the licensee and the identity of the licensee to any party providing reasonable evidence of actual harm within seven (7) days.
14. Breach. You agree that failure to abide by any provision of this Agreement, any ICANN, Registry, URDP or dispute operating rule or policy, may be considered a material breach, and that Automattic may provide written notice, describing the breach, to you. If you fail to provide evidence (reasonably satisfactory to Automattic) that you have not breached your obligations under this Agreement within fifteen (15) calendar days of the date of such notice, we may delete the domain name registration. Any such breach by Registrant shall not be deemed to be excused simply because Automattic did not act earlier in response to any breach by Registrant.
15. Right to Suspend or Disable. We shall have the right, at our sole discretion and without liability to you, to suspend or cancel your domain name, including in but not limited to the following circumstances:
- If you breach this Agreement.
- When required by law, government rules, court orders, or legal process.
- If you breach any applicable law.
- If you fail to provide payment or accurate contact or billing information.
- In the event there was an error in the registration process for a domain name.
- As required by ICANN or any applicable registry.
- To protect the integrity and stability of Automattic and any applicable registry.
- To resolve any and all third party claims including but not limited to ICANN’s or a registry’s dispute resolution policy or process.
- To avoid financial loss and any liability, civil or criminal.
- If we believe that you are using WHOIS Privacy Protection to conceal involvement with illegal, illicit, objectionable or harmful activities, or to transmit SPAM, viruses, worms or other harmful computer programs.
Automattic may terminate your access to all or any part of our Services at any time, with or without cause, with or without notice, effective immediately.
16. Your Representations. You represent and warrant 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 or is illegal in any way. This means that the domain name is not being registered for use in a way that would violate the legal rights of others, for example, by registering a domain name that violates a trademark or copyright owned by someone other than you.
17. Correction of Mistakes, Dispute Resolution. You agree that your domain name registration shall be subject to suspension, cancellation, or transfer pursuant to any ICANN Specification or Policy, or pursuant to any Automattic or Registry Operator policy not inconsistent with any ICANN Specification or Policy, to correct mistakes by Automattic or the Registry Operator in registering the name, or for the resolution of disputes concerning the domain name. You further agree to be bound by the domain name dispute resolution policy (“Dispute Policy”) applicable to the domain name that you have selected, including ICANN’s Uniform Domain Name Dispute Resolution Policy, which can be found here. In the event a domain name dispute arises between you and any third party, you will indemnify and hold Automattic harmless pursuant to the terms and conditions contained in the applicable Dispute Policy. The Dispute Policy may be modified at any time by ICANN (or an applicable Registry Operator), and the continued registration of your domain name with Automattic after any such Dispute Policy modification shall constitute your acceptance of the modified Dispute Policy and this Agreement. If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different registrar.
18. Notices. Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via regular mail. In the case of email, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. Email notification to Automattic must be sent to registrar[at]automattic.com. Any notice to Registrant will be sent to the “Administrative Contact” email address provided by Registrant in the WHOIS record. Any email communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given five (5) business days after the date of mailing postal notices to Automattic shall be sent to:
9450 SW Gemini Dr #63259
Beaverton, OR 97008-7105
19. Disclaimer of Warranties. Except for the express warranties in this Agreement, Automattic does not make any other warranty of any kind, whether express, implied, statutory or otherwise, including warranties or merchantability, fitness for a particular purpose, and non-infringement. Automattic is not responsible or liable for the deletion of or failure to store any content and other communications maintained or transmitted through the use of the domain name registration service. Automattic does not warrant that the domain name registrations service will be error free or uninterrupted. The domain name registration service is not intended for high risk activities.
20. Limitation of Liability. Registrant agrees that Automattic’s entire liability, and Registrant’s exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement is solely limited to the amount Registrant paid for the initial registration of the domain name. Automattic, ICANN, and the applicable Registry shall not be liable for any lost profits, revenues, or data, financial losses or indirect, special, consequential, exemplary, or punitive damages. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.
21. No Guarantee. You acknowledge that registration of a chosen domain name does not confer immunity from objection to the registration, reservation, or use of the domain name.
22. Indemnification. You shall indemnify and hold harmless Automattic and/or the relevant Registry Operator, and its directors, officers, employees, agents, affiliates, and contractors from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to your domain name registration and use.
23. Force Majeure. Registrant acknowledges and agrees that neither Automattic nor the applicable Registry shall be responsible for any failures or delays in performing the respective obligations hereunder arising from any cause beyond its reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
24. No Third Party Beneficiaries. This Agreement shall not be construed to create any obligation by either Automattic or Registrant to any non-party to this Agreement. Enforcement of this Agreement, including any provisions incorporated by reference, is a matter solely for the parties to this Agreement.
25. Governing Law. Except to the extent applicable law, if any, provides otherwise, this Agreement, any access to or use of our Services will be governed by the laws of the state of California, U.S.A., excluding its conflict of law provisions, and the proper venue for any disputes arising out of or relating to any of the same will be the state and federal courts located in San Francisco County, California.
26. No Class Actions. You may resolve disputes with us only on an individual basis; you may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are not permitted.
27. Updates to this Agreement. We reserve the right to update this Agreement from time to time to reflect new changes, policies, and restrictions on domain name registrations as determined by us, and/or as required by ICANN or any Registry Operators. If we make material changes, we will let you know by, for example, posting a notice in your account or on our site, or by sending you an email or other communication before the changes take effect. The notice will designate a reasonable period of time after which the new Terms will take effect. If you do not agree to the new Terms, then you must stop using our Services within the designated notice period, otherwise your continued use of our Services will constitute your acceptance of any updated Terms and will be subject to the new Terms going forward.
If you do not agree to any change, you may request that your domain name be cancelled or transferred to a different registrar, and agree that such cancellation or transfer will be your exclusive remedy if you do not wish to abide by any change to this Agreement, or any other related and/or applicable agreement.
28. Term of Agreement and Survival. This Agreement takes effect from the date you register a domain name via Automattic, for as long as you maintain that registration with us. All provisions of these Terms which by their nature should survive termination shall survive termination, including, without limitation, ownership provisions, warranty disclaimers, indemnity, and limitations of liability.
29. Other Agreements and Policies. In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable Registry, the term, condition, policy or procedure of the applicable Registry shall prevail. In all other cases, the terms of this Agreement govern.
30. Abuse. To report a domain name for abuse, please contact registrar[at]automattic.com.
31. TLDs. The following additional provisions apply to any domain names that you register through Automattic:
- .blog: Registrant agrees to the Knock Knock WHOIS There policies.
- .com: Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by the Registry, which are subject to modification. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the judicial district in which Registrant resides or any judicial district in which Automattic may be found.
- .net: Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by the Registry, which are subject to modification. For the adjudication of disputes concerning or arising from use of the domain name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the judicial district in which Registrant resides or any judicial district in which Automattic may be found.
- .wales: Registrant agrees to the Nominet UK policies.
Last Updated: December 1, 2016 (UTC 00:00)