Last Updated on December 23rd, 2022
PLEASE READ THIS AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS AND REMEDIES.
This Domain Name Registration Agreement (this “Agreement”) is entered into by and between Black Nova Designs Ltd. This Agreement sets forth the terms and conditions of your use of Black Nova Designs Ltd’s Domain Name Registration services (the “Domain Name Registration Services” or the “Services”). The terms “we”, “us” or “our” shall refer to Black Nova Designs Ltd. The terms “you”, “your”, “User” or “customer” shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
Your electronic acceptance of this Agreement signifies that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) Black Nova Designs Ltd’s Universal Terms of Service Agreement (“UTOS”), (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain (“TLD”) in which you register any domain (“Registry Policies”), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of the Black Nova Designs Ltd website (this “Site”).
TO LINK TO AND REVIEW THE REGISTRY POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, PLEASE CLICK HERE.
You acknowledge and agree that (i) Black Nova Designs Ltd, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, do not use (or continue to use) this Site or the Services found at this Site. In addition, Black Nova Designs Ltd may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your client account information, including your email address is current. Black Nova Designs Ltd assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
You acknowledge and agree that Black Nova Designs Ltd may modify this Agreement in order to comply with any terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain (“ccTLD”) in question. The term “Registry Service Provider” shall refer to the service provider responsible for operating and managing the registry services on behalf of the Registry Operator for its applicable TLD or ccTLD.
2. PROVISIONS SPECIFIC TO ALL REGISTRATIONS
Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that we offer. Special provisions specific to any TLD or ccTLD (those in addition to posted Registry Policies) are identified elsewhere below in this Agreement.
- Registry Policies. You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration (at any level). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Black Nova Designs Ltd being a registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.
- Ownership. You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.
- Indemnification of Registry. You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
- Regulated TLDs. For domain name registration in any “Regulated” TLD, you acknowledge and agree your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show; .theater; .town, .city, .reise, and .reisen
- Third Party Beneficiary. Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which your register a domain name is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Black Nova Designs Ltd being a registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.
- Variable and Non-Uniform Pricing. You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced (i.e., standard v. premium names) and/or may have non-uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD, e.g., renewal registration for one domain may be £100.00 and £33.00 for a different domain name).
3. FEES AND PAYMENTS
(A) GENERAL TERMS, INCLUDING AUTOMATIC RENEWAL TERMS
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. Black Nova Designs Ltd expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
Unless otherwise specifically noted (for reasons such as those highlighted in Section 2(x) above), the renewal price for any domain name in any TLD will be the same as the list (non-sale) price shown when you search for and select a domain, and again in the cart prior to purchase. For example, if the list price is £9.99, and a different renewal price is not specifically identified, then the renewal price is also £9.99 Likewise, if a domain name has a sale price of £7.53, with the list (non-sale) price shown (as a strike-through) at £9.99, the renewal price will be £9.99*.
* Renewal price subject to change prior to actual date of renewal.
For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the “Fees and Payments” section of our Universal Terms of Service.
(B) DOMAIN NAME RENEWAL TERMS
Please look out for the email reminders, all sent to the email address on your account:
- First Renewal Notice 30 days before the renewal date
- Second Renewal Notice 14 days before the renewal date
- Third Renewal Notice 7 days before the renewal date
Fourth Renewal Notice 2 days before the renewal date
- Fifth Renewal Notice 3 days after the renewal date
- Suspend all services including domain DNS 7 days after the renewal date
- Termination of all services including domain Expiry 31 days after renewal
When you register a domain name, you will have the following renewal options:
- Automatic Renewal. Automatic Renewal is the default setting. Domain names will automatically renew, for a period equivalent to the length of your original domain name registration, and payment will be taken from the Payment Method you have on file with Black Nova Designs Ltd, at Black Nova Designs Ltd’s then current rates. Thus, if you have chosen to register your domain name for one (1) year, Black Nova Designs Ltd will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Black Nova Designs Ltd will automatically renew it for two (2) years, and so on. If you wish to change your automatic renewal term to a different period from your original term, you may manually renew the domain registration to establish a new default automatic renewal term for the domain.
- Manual Renewal. If you have elected to turn off automatic renewal and cancel the product (i.e., cancel the domain name registration) effective at expiration of the then current term, you may nonetheless elect to manually renew the domain name at any time prior to its expiration date by logging into your Account Manager and manually implementing the renewal or by calling customer service (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled, and you will no longer have use of that name.
All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. In the event that we are unable to automatically renew your domain name for the renewal option selected for any reason, we may automatically renew your domain name for a period less than your original registration period to the extent necessary for the transaction to succeed. If for any reason Black Nova Designs Ltd is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.
Renewal will occur or must occur manually if the product was previously cancelled, no later than the 45 days after expiry of the month prior to the expiration date, or your domain name will be placed in non-renewal status. When the domain name is in non-renewal status, you can renew the domain name only by calling Black Nova Designs Ltd and requesting that the domain name be renewed. You cannot renew the domain name through your Account. If you fail to manually implement the renewal of any cancelled product before the expiration date, the domain name will be cancelled, and you will no longer have use of that name.
You agree that Black Nova Designs Ltd will not be responsible for cancelled domain names that you fail to renew in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.
If you fail to renew your domain name in the timeframes indicated in this Agreement, you agree that Black Nova Designs Ltd may, in its sole discretion, renew your expired domain name on your behalf. If Black Nova Designs Ltd decides to renew your expired domain name on your behalf, you will have a Renewal Grace Period during which you must reimburse Black Nova Designs Ltd for the renewal and keep your domain name. The Renewal Grace Period is currently twelve (12) days but subject to change under the terms of this Agreement.
There is no Renewal Grace Period after the expiration date of the domain name. If you do not reimburse Black Nova Designs Ltd for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you may have up to a 30-day redemption period to redeem your domain name, provided that your domain name is not subject to an expired domain name auction bid and you pay Black Nova Designs Ltd a Redemption fee.
The Redemption fee is displayed at checkout and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the 30-day redemption period Black Nova Designs Ltd may, in its sole discretion, delete your domain name or transfer it to another registrant on your behalf. During the redemption period your domain name may be parked.
If your domain name is deleted, the Registry also provides a 30-day Redemption Grace Period during which you may pay Black Nova Designs Ltd a redemption fee and redeem your domain name. The redemption fee is displayed at checkout and is subject to change under the terms of this Agreement. If you do not redeem your domain name prior to the end of the Registry’s Redemption Grace Period the Registry will release your name and it will become available for registration on a first-come-first-served basis.
Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the ccTLD terms, the ccTLD terms shall control.
Our registration expiration notification policy and associated fees are described here.
(C) FREE PRODUCT TERMS
In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in our sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.
4. TERM OF AGREEMENT; TRANSFERS; DOMAIN TASTING
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Black Nova Designs Ltd.
You agree that you will not transfer any domain name registered through Black Nova Designs Ltd to another domain name registrar during the first sixty (60) days after its initial registration date. You agree that you may not transfer any domain name for ten (10) days after a Change of Account.
You further agree that you will not engage in “domain tasting” by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If Black Nova Designs Ltd determines (which determination shall be made by Black Nova Designs Ltd in its sole and absolute discretion) that you have been engaging in “domain tasting”, then Black Nova Designs Ltd reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. Black Nova Designs Ltd will not charge you a fee if Black Nova Designs Ltd cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable.
You agree that Black Nova Designs Ltd shall not be bound by (i) any representations made by third parties who you may use to purchase services from Black Nova Designs Ltd, or (ii) any statements of a general nature, which may be posted on Black Nova Designs Ltd’s website or contained in Black Nova Designs Ltd’s promotional materials.
5. UP TO DATE INFORMATION; USE OF INFORMATION AND EXPIRATION
You agree to notify Black Nova Designs Ltd within five (5) business days when any of the information you provided as part of the application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide Black Nova Designs Ltd with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within five (5) business days to any inquiries made by Black Nova Designs Ltd to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.
You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number for the Registered Name Holder and, if different from the Registered Name Holder, the same contact information for, a technical contact, an administrative contact and a billing contact.
You acknowledge and agree that domain name registration requires that your contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for the purpose of administration of the domain name registration.
Both Black Nova Designs Ltd and the registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party’s consent to such disclosure. Registrar will not process data in a way that is incompatible with this Agreement. Registrar will take reasonable precautions to protect data from loss or misuse.
You agree that for each domain name registered by you the following information could be made publicly available in the Whois Directory as determined by registry policies:
- The domain name;
- Your name and postal address;
- The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
- The Internet protocol numbers for the primary and secondary name servers;
- The corresponding names of the name servers; and
- The original date of registration and expiration date,
- Name of primary name server and secondary name server,
- Identity of the registrar.
You agree that, Black Nova Designs Ltd may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you’ve obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
You agree that Black Nova Designs Ltd has the right to make public and share with third parties’ certain information in connection with the sale or purchase of domain names on the website, including but not limited to (a) the name of the domain name sold or purchased, (b) the sale or purchase price of the domain name sold or purchased, and (c) information relating to the timing of the sale or purchase.
In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:
- The domain or sub-domain name(s) registered by you;
- Your organisation name, type and postal address;
- The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
- The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
- The corresponding names of those name servers;
- The original creation date of the registration; and
- The expiration date of the registration.
We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.
6. DISPUTE RESOLUTION POLICY
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Black Nova Designs Ltd may from time to time modify its Dispute Resolution Policy. Black Nova Designs Ltd will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with Black Nova Designs Ltd after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Black Nova Designs Ltd’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Black Nova Designs Ltd as a result of the modified Dispute Resolution policy, no fees will be refunded to you.
You agree that if a dispute arises as a result of one (1) or more domain names you have registered using Black Nova Designs Ltd, you will indemnify, defend and hold Black Nova Designs Ltd harmless as provided for in this Agreement. You also agree that if Black Nova Designs Ltd is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Black Nova Designs Ltd, that Black Nova Designs Ltd, in its sole discretion, may take whatever action Black Nova Designs Ltd deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Black Nova Designs Ltd harmless for any action taken by Black Nova Designs Ltd.
You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., China for .CN, Columbia for .CO, UK for .EU, etc.).
7. TRANSFER OF DOMAIN NAMES
If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement and Change of Registrant Agreement. You may view the latest versions of our Domain Name Transfer Agreement and Change of Registrant Agreement online. In order to further protect your domain name, any domain name registered with Black Nova Designs Ltd or transferred to Black Nova Designs Ltd shall be placed on lock status, unless an opted-out has occurred as defined in our Change of Registrant Agreement or Domain Name Proxy Agreement. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Black Nova Designs Ltd to a new Registrar. You may log into your account with Black Nova Designs Ltd at any time after your domain name has been successfully transferred to Black Nova Designs Ltd, and change the status to unlock.
8. YOUR OBLIGATIONS; SUSPENSION OF SERVICES; BREACH OF AGREEMENT
You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry tld string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.
You agree that, in addition to other events set forth in this Agreement:
- Your ability to use any of the services provided by Black Nova Designs Ltd is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN;
- Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Black Nova Designs Ltd procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by Black Nova Designs Ltd or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
You acknowledge and agree that Black Nova Designs Ltd and registry reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Black Nova Designs Ltd or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, and correct mistakes made by, any domain name registry or registrar, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute.
You agree that your failure to comply completely with the terms and conditions of this Agreement and any Black Nova Designs Ltd rule or policy may be considered by Black Nova Designs Ltd to be a material breach of this Agreement and Black Nova Designs Ltd may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Black Nova Designs Ltd with material evidence that you have not breached your obligations to Black Nova Designs Ltd within ten (10) business days, Black Nova Designs Ltd may terminate its relationship with you and take any remedial action available to Black Nova Designs Ltd under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by Black Nova Designs Ltd to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
Black Nova Designs Ltd’s failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
9. RESTRICTION OF SERVICES; RIGHT OF REFUSAL
If you are hosting your domain name system (“DNS”) on Black Nova Designs Ltd’s servers or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Black Nova Designs Ltd, you are responsible for ensuring there is no excessive overloading on Black Nova Designs Ltd’s servers. You may not use Black Nova Designs Ltd’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Black Nova Designs Ltd reserves the right to deactivate your domain name from its DNS if Black Nova Designs Ltd deems it is the recipient of activities caused by your site that threaten the stability of its network.
You agree that Black Nova Designs Ltd, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Black Nova Designs Ltd also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place.
In the event Black Nova Designs Ltd refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Black Nova Designs Ltd in connection with the registration either being cancelled or refused. In the event Black Nova Designs Ltd deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
10. DEFAULT SETTINGS; PARKED PAGE
Choosing Your Domain Name Settings. When you register a domain name with Black Nova Designs Ltd, you will be prompted to choose your domain name settings during the checkout process. If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings. This will direct your domain name away from Black Nova Designs Ltd’s name servers. If you are an existing Black Nova Designs Ltd customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process.
Black Nova Designs Ltd’s Default Settings. If you do not direct your domain name away from Black Nova Designs Ltd’s name servers as described above, Black Nova Designs Ltd will direct your domain name to a “blank page” You acknowledge and agree that Black Nova Designs Ltd has the right to set the Default Setting.
Changing Black Nova Designs Ltd’s Default Settings. You may change Black Nova Designs Ltd’s Default Settings at any time during the term of your domain name registration.
- No Content. If the options listed above are not acceptable to you, please contact customer support to learn what other options might be available to you.
Return To Blank Page Default Setting Upon Domain Name Expiration. Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Blank Page Default Setting described above. As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry. Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.
11. DOMAIN ADD-ONS
Business Registration: Business registration allows You to display additional information about the business that is the basis of Your domain name, including, but not limited to, such information as Your fax number, street address, and hours of operation.
Expiration Consolidation. You understand and acknowledge the expiration consolidation service may only be used to consolidate the expiration of .com and .net domain names. The service may not be used to consolidate domains that are on Registrar HOLD, Registry HOLD, or pending Transfer status. You acknowledge the service may only be used to push the expiration date of Your domains forward in time, at least one (1) month forward and no more than ten (10) years forward, and then, only for a period lasting less than twelve (12) months. Once the service has been used to consolidate domains, the new expiration date may not be reversed. To ensure the service is not abused or used as an alternative to renewals, you may only use the service on each domain once in any 12-month period. The service may only be used on domain names that have not passed their expiration date. In order to change the expiration date again, You will be required to renew the domain name first. You further understand and acknowledge the service may only be used to coordinate domains where we are the registrar of record. Domains not registered with us must be transferred before we can perform the Service.
Backordering/Monitoring. You agree a domain name that has expired shall be subject first to a grace period of twelve (12) days, followed by the ICANN-mandated redemption grace period of thirty (30) days. During this period of time, the current domain name registrant may renew the domain name and retain registration rights. We do not guarantee your backorder will result in you obtaining the domain name and expressly reserves the right to (a) refuse additional backorders or (b) cancel existing backorders at any time for any reason. If your backorder is refused or cancelled, we agree to promptly refund any fees paid for such domain name backorder. Therefore, the domain name may be registered with a different registrar, but can be managed through your account. By using the Services, you will be able to, among other things:
Domain Ownership Protection. Domain Ownership Protection generally allows You to: (i) prevent accidental loss of a domain name due to an expired credit card or invalid payment method for a period of ninety (90) days before the domain goes through its normal expiration process; and (ii) lock your domain name to your account.
THE SERVICE WILL NOT, HOWEVER, PREVENT TRANSFERS RESULTING FROM YOUR ACTION OF LISTING YOUR DOMAIN FOR SALE ON ANY OF BLACK NOVA DESIGNS LTD’S PLATFORMS, INCLUDING PREMIUM LISTINGS, REGARDLESS OF WHEN YOU PURCHASED THE SERVICE.
Once you have elected to purchase the Service for any and all domain names, the automatic renewal function will be activated for each domain name and those names will not be transferable until You elect to remove the service or sell the domain as mentioned above. Accordingly, You acknowledge and agree You have carefully considered the implications accompanying the purchase of the Service and understand the restrictions the Service will place upon Your ability to transfer any domains for which You have purchased the Service. Furthermore, you acknowledge and agree that the Service includes additional steps to verify your registration rights prior to deactivation. While You can elect to deactivate the Service at any time, you also acknowledge and agree that the Service is subject to our Refund Policy, and that you may not be entitled to a refund.
Premium Domain Listing and Buying Services.
- Description of Service. The Premium Domain Buying Service (“Service”) is provided to facilitate the buying of currently registered domain names only, and not the purchase or sale of associated website content. Black Nova Designs Ltd provides a venue and a transaction facilitation process and will take a stated commission for each completed transaction. Black Nova Designs Ltd is not an escrow agent. As a result, Black Nova Designs Ltd does not guarantee the quality, safety or legality of many of the domain names. Domain names listed may be withdrawn at any time by the seller or by us. You acknowledge and agree that your transaction will be handled by Black Nova Designs Ltd’s “Transaction Assurance” process. By using Black Nova Designs Ltd’s “Transaction Assurance” process, you authorize Black Nova Designs Ltd to perform tasks on your behalf in order to complete the transaction. In these transactions, Black Nova Designs Ltd acts as a transaction facilitator to help you buy and sell domain names. Black Nova Designs Ltd will not use your funds for its operating expenses or any other corporate purposes, and will not voluntarily make funds available to its creditors in the event of bankruptcy or for any other purpose. You acknowledge Black Nova Designs Ltd is not a bank and the service is a payment processing service rather than a banking service. You further acknowledge Black Nova Designs Ltd is not acting as a trustee, fiduciary or escrow with respect to your funds. In all transactions, where the domain name is registered to us, domain names purchased through the Service may not be transferred away from us to another registrar for a period of sixty (60) days following the change of registrant date.
- Your Obligations.
Purchasing Domain Names. As a Buyer, You are obligated to complete the transaction if You purchase the domain name. You acknowledge that some listed domain names may be subject to an additional registration fee. For those domain names, the registration fee will be added to the price to form the purchase price. You agree that by completing the transaction, You are responsible for payment of the registration fee. We will obtain the funds first by the Payment Method You have designated. If there are insufficient funds or invalid credit card information, we may obtain the remaining funds by charging any Payment Method You have on file.
Black Nova Designs Ltd will remit payment of the full agreed upon purchase price minus any commissions to the Seller after a prescribed period of time after receiving funds from the Buyer, except in the event of a dispute or where the payment is suspected to be fraudulent, as determined by Black Nova Designs Ltd in its sole and absolute discretion. At no time will You be able to withdraw those funds or send the funds to another recipient unless the initial transaction is canceled. Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You. Black Nova Designs Ltd is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.
Transfer of Registration Rights. We are not the registrant of all of the domain names listed on the Site and cannot guarantee immediate transfer. For domain names in which we are the registrant, transfer of registration will begin upon completion of the check out procedure. Further, the transfer by us of any domain name to a buyer is done without warranty and we expressly waive any and all warranties or representations that a domain name does not infringe upon the intellectual property rights of a third party. Any Domain Ownership Protection service that is present on the domain will not prevent you from listing the domain name and having the registration rights transferred away from You.
Black Nova Designs Ltd is not responsible and disclaims all liability in the event that the domain name transaction fails to complete due to breach by either the Buyer or the Seller of its respective obligations. Buyer acknowledges and agrees that Buyer does not obtain any rights in the registration of a domain name until the transaction is complete.
Full Domain Protection. The Full Domain Protection service generally allows You to:
- replace your personal details in the WHOIS Directory with the details of Domains By Proxy;
- set up a private email address for each domain name that you can forward, filter or block; and
- lock your domain name in your account.
The Full Domain Protection service features are intended to: prevent domain-related spam; protect your identity from third-parties; and add a higher level of security through 2-Step Verification to disallow most accidental or malicious domain name transfers. As set forth in Section 2(xi) of this Agreement, You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. Your purchase and use of Full Domain Protection is also subject to and governed by the terms of the Domain Name Proxy Agreement.
If you submit an application for pre-registration of a domain name, Black Nova Designs Ltd does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. Black Nova Designs Ltd may use third-party service providers for the pre-registration services.
18. COUNTRY CODE TOP LEVEL DOMAINS
You represent and warrant that you meet the eligibility requirements of each ccTLD you apply for. You further agree to be bound by any registry rules, policies, and agreements for that particular ccTLD. These may include, but are not limited to, agreeing to indemnify the ccTLD provider, limiting the liability of the ccTLD provider, and requirements that any disputes be resolved under that particular country’s laws.