Domain Registration Terms
These Domain Registration Terms (the “Agreement”) are entered into by and between the entity or person agreeing to these terms (“Customer” or “you”) and one of the following Google entities (as applicable “Google”): (a) Google Ireland Limited, a company incorporated under the laws of Ireland with offices at Gordon House, Barrow Street, Dublin 4, Ireland; or (b) if you reside in the EU and have chosen “non-business” as the tax status/setting for your Google account, Google Commerce Limited, a company incorporated under the laws of Ireland with offices at Gordon House, Barrow Street, Dublin 4, Ireland (“GCL”). This Agreement governs your purchase of the domain registration service (“Domain Service”) through Google’s interface. By using this Domain Service, you are registering domain name(s) through third party domain name registrars who have a contractual relationship with Google ("Registrar Partners"). Google's role in such registration is principally in suggesting a Registrar Partner to you, helping you register your domain name(s) with such Registrar Partner and aiding in the setup of applicable Google services through such Registrar Partner. Google's Registrar Partners may change from time to time at Google's sole discretion. You must agree to the Registrar Partner's Terms and Conditions in order to register a domain name with that Registrar Partner. You understand that you have a separate agreement with the Registrar Partner and that you are responsible for all liability, obligations, and fees as specified in that agreement. Any issues regarding availability, purchase, renewal, maintenance or other support relating to your domain name registration should be addressed to such Registrar Partner and not Google.
- Registration. You understand that you are the Registrant for your domain name(s) as defined by the Internet Corporation for Assigned Names ("ICANN"). You agree to comply with the relevant ICANN regulations and policies concerning your domain name(s), including ICANN's Uniform Dispute Resolution Process. You agree to submit and maintain your registration information, including contact information for the registration and other contacts, as complete and accurate at all times. You also agree and understand that though you may elect to keep your information out of the WHOIS database, if regulations regarding such election change, your Registrar Partner or Google may disclose your domain information as it reasonably believes necessary. To the extent that you name others to act on your behalf in any capacity, you agree that you are liable for any obligations or liability that your agents incur relating to your domain name(s) and you must have your agents accept the terms of this Agreement and the Registrar Partner's Terms and Conditions. Google reserves the right to refuse to register or cancel the registration of any domain name(s) that violate the Google Apps Acceptable Use Policy.
- Modifications. Google may make commercially reasonable changes to the Google Apps Acceptable Use Policy from time to time. If Google makes a material change to Google Apps Acceptable Use Policy, Google will inform Customer (notice may be by email).
- Billing and Payment. When you accept you will be committed to purchasing the Domain Service from Google for an annual term. You may pay for the Domain Service using a credit card, debit card or as otherwise provided on the order page. Google will register your domain name(s) after it confirms the validity of your payment method, but will not bill you until the end of the month in which you purchase the domain name(s). All payments due are in U.S. dollars unless otherwise indicated on the order page. During signup or through the Domain Service, you may choose to automatically renew your domain name(s). If you choose this option, at the end of the annual term, the Domain Service will automatically renew for additional annual terms and Google will bill you for the then current fee for renewal when such payment is due. All payments are final and Google will not issue any refund of fees. If you have entered the Agreement with GCL, Google may collect payments via Google Payment Limited, a company incorporated in England and Wales with offices at Belgrave House, 76 Buckingham Palace Road, London, SW1W 9TQ, United Kingdom.
- Domain Records. You authorise Google to correspond with your Registrar Partner(s) on your behalf and to make changes to your records with such Registrar Partner(s) in order to facilitate the functioning of the Domain Service. You authorise Google to, at its option, become the technical, billing or other contact for domains registered through the Domain Service.
- Transfer. You understand that Google may change its Registrar Partners or begin providing such domain name registration services itself at any time and at its sole discretion. In connection with such a change, Google may change your Registrar Partner. You authorise Google to act as the agent of the Registrant for the limited purpose of requesting such a change and completing any necessary forms or agreements. You also authorise Google to become and reset the administrative contact for the limited purpose of transferring your domain name(s) and completing any necessary forms or agreements.
- Termination. Google may terminate the Domain Service for any reason at the end of the then current term by providing you at least thirty days notice, provided that Google may terminate the Domain Service immediately if Google reasonably determines that (i) your domain name(s) or activities on the domain violate the Google Apps Acceptable Use Policy, and (ii) it is commercially impractical to continue providing the Domain Service in light of applicable laws.
- Limitation of Liability.
- 7.1 Nothing in this Agreement shall exclude or limit either party’s liability for: (a) death or personal injury resulting from the negligence of either party or their servants, agents or employees; or (b) fraud or fraudulent misrepresentation.
- 7.2 Neither party shall be liable under this Agreement (whether in contract, tort or otherwise) for any special, indirect or consequential losses (whether or not such losses were within the contemplation of the parties at the date of this Agreement) suffered or incurred by the other party.
- 7.3 Each party's liability under this Agreement (whether in contract, tort or otherwise) in relation to liability arising from any given event or series of connected events, shall be limited to: (a) 125% of the total amount paid and payable by Customer under this Agreement in the 12 months immediately preceding the month in which the event (or first in a series of connected events) occurred; or (b) £25,000, whichever is the greater.
- Governing Law.
- 8.1 This Agreement and any dispute (contractual or non-contractual) concerning this Agreement or its subject matter or formation (a “Dispute”) is/are governed by English Law.
- 8.2 Any Dispute shall be referred to and finally resolved by arbitration under the rules of the LCIA, which rules are deemed to be incorporated by reference into this clause. The number of arbitrators shall be three. The seat, or legal place, of arbitration shall be London, England. The language to be used in the arbitration shall be English.
- 8.3 This Section 8 shall be without prejudice to the right of either party to apply to any court of competent jurisdiction for emergency, interim or injunctive relief (together “Interim Relief”). Except where Customer has it registered office or principle place of business in Russia or Ukraine, such Interim Relief shall be subject to review and subsequent adjudication by the arbitral tribunal such that any dispute in respect of Interim Relief shall be determined by the arbitral tribunal.
- Force Majeure. Neither party will be liable for failure to perform or delay in performing any obligation under this Agreement if the failure or delay is caused by any circumstances beyond its reasonable control.
- No Waiver. Failure to enforce any provision of this Agreement will not constitute a waiver of such (or any other) right or remedy.
- Severability. The invalidity, illegality or unenforceability of any term (or part of a term) of this Agreement shall not affect the continuation in force of the remainder of the term (if any) and this Agreement.
- No Agency. The parties are independent contractors, and this Agreement does not create an agency, partnership or joint venture.
- No Third-Party Beneficiaries. Nothing in this Agreement shall create or confer any rights or other benefits in favour of any person other than the parties to this Agreement.
- Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
- Entire Agreement. This Agreement, and all documents referenced here in, is the parties' entire agreement relating to its subject and supersedes all previous agreements between the parties relating to the same.