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