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Last Updated: December 2024
This Domain Name Registration Agreement (“Agreement”) is entered into by and between MODA (“MODA”) and you, and is made effective as of the date of electronic acceptance.
Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs.
(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.
(B) Domain Name Renewal Terms
When you register a domain name, you will have the following renewal options.
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through MODA.
You agree that you will not transfer any domain name registered through MODA to another domain name registrar during the first 60 days after its initial registration date. You agree that you may not transfer any domain name for 10 days after a change in your User Account.
You further agree that you will not engage in “domain tasting” by using any grace period in which a registrant may choose to cancel a domain name as a vehicle to test the marketability or viability of a domain name. If MODA determines (which determination shall be made by MODA in its sole and absolute discretion) that you have been engaging in “domain tasting,” then MODA reserves the right to:
You agree that MODA shall not be bound by:
To access, view, update, delete or download data associated with your domain name registration, you must be signed into your account. If you make a request to delete your personal data and that data is necessary for the products or services you have purchased, the request will be honored only to the extent it is no longer necessary for any services purchased or required for our legitimate business purposes or legal or contractual record-keeping requirements. In some cases, when data is necessary for the provisioning of service, deletion of data may cancel or suspend the services you have purchased. If you have difficulty accessing your data, modifying it, or deleting it, you may request assistance by contacting our support team.
You agree to notify MODA within 7 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 MODA 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 15 business days to any inquiries made by MODA 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 fax 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, which may require such information be transferred back and forth across international borders, to and from the U.S. to the EU, for example. As required by ICANN or for certain ccTLDs this information may be made publicly available by the registry operator via Whois or its successor protocol (collectively referred to as the “Whois” Directory) that is beyond, and not subject to, MODA’s control.
Both MODA 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 ICANN or registry policies and may be sold in bulk as set forth in the ICANN agreement:
You agree that, to the extent permitted by ICANN, MODA 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 MODA 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:
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 MODA may from time to time modify its Dispute Resolution Policy. MODA will post any changes to its Dispute Resolution Policy at least 30 days before they become effective. You agree that by maintaining your domain name registrations with MODA after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review MODA’s website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with MODA as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN’s Uniform Rapid Suspension System, if applicable.
You agree that if a dispute arises as a result of 1 or more domain names you have registered using MODA, you will indemnify, defend, and hold MODA harmless as provided for in this Agreement. You also agree that if MODA is notified that a complaint has been filed with a governmental, administrative, or judicial body, regarding a domain name registered by you using MODA, that MODA, in its sole discretion, may take whatever action MODA 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 MODA harmless for any action taken by MODA.
You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts:
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. In order to further protect your domain name, any domain name registered with MODA or transferred to MODA shall be placed on lock status, unless an opted-out has occurred. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from MODA to a new Registrar. You may log into your User Account with MODA at any time after your domain name has been successfully transferred to MODA, and change the status to unlock.
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, 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 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:
You acknowledge and agree that MODA 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 MODA or the registry:
You agree that your failure to comply completely with the terms and conditions of this Agreement and any MODA rule or policy may be considered by MODA to be a material breach of this Agreement and MODA may provide you with notice of such breach either in writing or electronically (email inclusive). In the event you do not provide MODA with material evidence that you have not breached your obligations to MODA within 5 business days, MODA may terminate its relationship with you and take any remedial action available to MODA 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 MODA to you. No fees will be refunded to you should your Services be canceled or terminated because of a breach.
MODA’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.
If you are hosting your domain name system (“DNS”) on MODA’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 MODA, you are responsible for ensuring there is no excessive overloading on MODA’s servers. You may not use MODA’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 MODA reserves the right to deactivate your domain name from its DNS if MODA deems it is the recipient of activities caused by your site that threaten the stability of its network.
You agree that MODA, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name.
MODA’s Default Settings. You acknowledge and agree that MODA has the right to set the default setting for your website upon registration.
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 this Agreement and governed by ICANN Policy. In order to further protect your domain name, any domain name registered with MODA or transferred to MODA may be placed on lock status, unless an opted-out option has occurred. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from MODA to a new registrar. You may log into your User Account with MODA at any time after your domain name has been successfully transferred to MODA, and change the status to unlock.
If you intend to license use of a domain name to a third party, you will be deemed the domain name holder of record and is responsible for providing your own full contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You also accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the licensee’s identity and current contact information (as provided by the licensee) within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm. You represent that it will secure the agreement of any third party to the terms and conditions in this Agreement.
You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation:
You acknowledge and agree that we have no control over the availability of the service on a continuous or uninterrupted basis.
In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:
For the purposes of the Service Uptime Guarantee, the following definitions shall apply:
For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:
For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within 5 calendar days of the Outage.
Registrations in the .BIZ top level domain are primarily for bona fide business or commercial uses. The definition of “bona fide business or commercial use” means “the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS”:
By registering or accepting the transfer of a .BIZ domain name, you certify that:
Failure to comply with the certification, once made, may result in the failure of the .BIZ Registry to process your domain name application or in the revocation of your domain name if the registration is processed.
In addition to the UDRP, the domain names in .BIZ Registry are further governed by the Start-Up Trademark Opposition Policy (“STOP”) and Restrictions Dispute Resolution Policy (“RDRP”). You are responsible for reviewing these policies, and are bound by their terms and conditions. If your registration or use of a .BIZ domain name is challenged by a third party, you are subject to the UDRP, STOP, and RDRP as they are in effect at the time of the dispute.