PUBLIC OFFER AGREEMENT on provision and support of domain names registration service
This Registration Agreement (hereinafter referred to as the "Agreement") sets forth the terms and conditions of service provision by the Service of domain name registration and support (hereinafter referred to as “Contractor”). This agreement is public offer agreement and has full force and effect.
Full and unconditional acceptance of terms and conditions of the Agreement is the fact that the Subscriber has paid for the services of the Contractor.
By using the services, person (hereinafter referred to as the “Subscriber”) agrees to all terms, restrictions and other conditions of cooperation set forth herein at the time of service provision.
By accepting this Agreement, the Subscriber confirms that:
according to his/her information, neither the service nor its using do not violate intellectual property rights of third parties
contact information provided when ordering the services is accurate and current
Subscriber's contact information may be displayed in Russian, Ukrainian and international WHOIS services in accordance with generally accepted documents governing the domain name registration procedure
1. Subject of the Agreement
1.1. The Contractor shall provide the Subscriber with services on terms and conditions that are the subject hereof.
1.2. Terms and abbreviations used in this agreement:
DNS is Domain Name System (Domain Name System).
NIC-handle is the unique identifier of domain name owner in the WHOIS database.
Primary DNS is the main server that stores information about the domain.
Secondary DNS is the secondary server that stores information about the domain. This information is periodically updated from the Primary DNS server.
MX record is the record in the configuration file of the DNS server used to define the servers receiving mails for this domain.
A record is the record in the configuration file of the DNS server used to define the IP-address of a domain, subdomain.
NS record is the record in the configuration file of the DNS server used to define the DNS-servers that contain information about this domain.
2.1. Service of domain name registration and support is a service that by means of the Web interface and specialized hardware and software provides the following services on behalf of its customers:
- registration and support of domain names in Russian, Ukrainian, foreign and international domain zones
- technical consulting services in the field of domain name registration.
2.2. The services are provided to the Subscribers who have access to the Internet and installed software to work with web-based interface hereunder.
3. Fees and payments
3.1. The payment for the services is presented in national currency in accordance with the rates set at the time when the services are provided.
3.2. In case of non payment or late payment, the Contractor shall have the right to terminate / suspend the service and shall not be responsible for the possible consequences of such a decision / action.
3.3. By making payment, the Subscriber shall indicate in the payment document the payment reference exactly as billed.
3.4. If paid domain name can not be registered / renewed for Contractor-independent reasons, the Subscriber may use this money for payment of other services. Also, the amount paid may be refunded to the Subscriber any available at that time method less and except commission payment system in the form of money transfer.
4. Obligations of the Subscriber, password and security
4.1. For use of the Contractor's service, the Subscriber agrees to provide true, accurate and full information to the extent that is necessary to provide the services. The Subscriber shall be liable to update this information to keep it current.
4.2. The information provided by the Subscriber, if necessary, may be displayed in open sources.
4.3. In case the Subscriber provides inaccurate contact information or does not provide such information on request, the Contractor may discontinue providing the services to the Subscriber.
4.4. The Subscriber shall be fully responsible for the security of his/her login and password, and for everything done on the website of the Contractor under the Subscriber's login and password. The Subscriber agrees that he shall be liable to inform the Contractor immediately about any case of unauthorized use of the Subscriber's login or password, or about any security violation. The Subscriber also agrees that he/she signs off under his password (Button “Exit”) after each session with the Contractor's service by himself/herself. The Contractor shall be not liable for possible losses that may occur due to the Subscriber's violation of this part of a clause hereof.
4.5. The terms and conditions of this Agreement are compulsory for all Subscribers of the Service.
4.6. THE SUBSCRIBER UNDERTAKES to indemnify and hold the Contractor, corresponding administrators of domain zones (including Verisign Inc., Neulevel, Inc., Public Interest Registry, Afilias Limited and other registries listed at:http://www.icann.org/registries/listing.html),as well as all the officials, managers and employees of these companies and organizations harmless from any claims, damages, liabilities, losses and expenses including reasonable attorney's fees and expenses resulting from or related to the services provided by the Contractor hereunder.
5. Non-commercial use
The Subscriber agrees not to reproduce, reduplicate, copy, sell or resell, and not to use for any commercial purposes any Service components, services or access to them, unless it is expressly permitted by the Contractor. The Contractor shall not be liable for any agreements between the Subscriber and third parties.
6. Provision of services
6.1. The Contractor shall act in the interests of its customers and shall be committed to providing only high-quality services. In case of a dispute between the Contractor and the Subscriber, as well as with the participation of third parties, we shall take all legal and ethical measures to protect the legal and ethical interests of our customer.
6.2. For the purposes of the Subscriber’s rights protection on the use of the registered domain name, as well as for the provision of the efficient and universal procedure of registration and management of domain names, registered in the various domain zones, during the registration of domain names the Contractor can enter its contact details in the WHOIS services of the administrators of foreign, Russian and Ukrainian domain zones. The Contractor undertakes to change the contact details of the domain name upon the written request of the Subscriber after the provision of the identification document.
6.3.At the same time, the Contractor shall not guarantee an unconditional fulfillment of the order. All services shall be provided on an 'as is' basis. Involved technical systems may include not identified technical errors, which may result in the inability to fulfill the order or its late performance. In addition, the inability of the order fulfillment or its late performance may result in human factor or force majeure, caused by social and natural disasters (wars, fires, floods, revolutions, the actions of the government, etc.).
6.4. In case of failure to fulfill the assumed obligations by the reasons mentioned above (except for force majeure), the Contractor shall be liable to the amounts received from customers as payment for services.
6.5. The Contractor shall not be financially liable and can not be financially liable under any circumstances beyond the range of the amounts received from the Subscriber as payment for the services.
6.6. The Contractor shall not be liable in the case of force majeure.
6.7. Transfer of a domain name, delegated to the Subscriber, for the service to other registrars shall be possible not later than 7 (seven) days prior to the expiration of the domain name delegation. The stated period shall depend on the existing rules of the domain zone in which the domain name is registered.
6.8. The Contractor reserves the right to discontinue the provision of the service to the Subscriber WITHOUT refund in the following cases:
the systematic violation of the generally accepted rules of network etiquette (publishing of materials containing ethnic/inter-religious discord and materials about trade of arms, drugs, etc.);
malicious acts (hacking, attack, etc.) aimed at unauthorized change of the standard order of the Contractor's server performance or at service discredit;
in case of a court decision, as well as in other cases stipulated by the current legislation;
in case the contact information, provided by the customer in accordance with paragraph 4.1 upon duly completed request of the competent authorities, shall not be able to allow to identify the Customer of a domain name, as well as in cases of contact information inaccuracy.
6.9. In the case the Contractor's DNS are used for domain name as IP-addresses, by default, the IP-addresses of the Contractor with the setting on the Contractor's service web page are presented in DNS configuration.
7. Peculiarities of registration in certain domain zones
7.1. Domain names in the .UA zone shall be delegated only to owners of the corresponded trademarks (word signs for goods and services), which are valid within the territory of Ukraine. To register a domain name the Subscriber must provide a scanned copy of the trademark registration certificate issued by State Service for Intellectual Property of Ukraine or an official document from the State Service for Intellectual Property of Ukraine that such a trademark is internationally registered and protected within the territory of Ukraine. The scanned document shall be sent to the address: firstname.lastname@example.org with the Subscriber's login. Within 10 days after the registration of a domain name in UA. zone, the Subscriber must send a notarized copy of the document confirming his rights to the trademark at address: 61024, Kharkov, P.O.Box 1811. The detailed information about the peculiarities of registration of domains in the .UA zone is provided on the next page. To order .UA domain, the Subscriber shall state the number of trademark certificate.
The Subscriber agrees and accepts the domain rules and regulations of the * .UA domains, which are available at:
https://hostmaster.net.ua/policy/?ua. And also agrees to assume all responsibility in case of provision of certainly not truthful information regarding the rights to the mark (and) for goods and services that have been provided for the delegation of domains.
7.2. The .MOBI domain zone was designed specifically for the resources adapted for viewing on mobile devices. Technical requirements and recommendations for the resources placed on domain names in the .MOBI zone are available at:http://pc.mtld.mobi/documents/dotmobi-Switch-On!-Web-Browsing-Guide.html.
7.3. The .УКР and .БЛОГ domain zones operate under the licence and are served by the root servers of the i-DNS.net company which are not public available ICANN servers. The domains .УКР and .БЛОГ operate only for the users from the countries where i-DNS technology is supported either at the state level or at the level of substantial number of Internet providers (ISP). Support of such domains requires installation of i-Client application. Domain name registration in .УКР and .БЛОГ zones is offered only on an “as is” basis, i.e. without provision of any directly expressed or implied guarantees on behalf of the Contractor and i-DNS.net company.
7.4. Domain name in the .AERO zone can be registered only by the organizations and legal entities in any case relating to the aero-industry:
This list can be expanded upon the decision of the domain administrator. To register the .AERO domain, the Registrant is obliged to indicate AeroID which can be obtained on the website of the administrator of .AERO domain: http://www.information.aero/registration/manage_your_aero_id/apply.
state and private airlines
airports and airdromes
enterprises of air cargo transportations
enterprises of logistic support for air companies
system services of air traffic
unions of air transport
aviation clubs (aero-clubs) and their members
educational establishments and information structures of aviation
associations of aviation industry and other representative organizations
aviation insurance associations
aviation legislative associations
aviation mass media
civil structures of aviation administration
computer systems of plane tickets' booking and sell
governmental agencies responsible for the work of aviation, provision of support to air enterprises and weather bureau
8. Responsibilities before third parties
The Contractor shall not be responsible for using domain names registered with its help, as well as for content of materials on websites under such domain names.
9. Changes and additions
This Agreement shall not be final and can be changed and added. All Customers shall be notified about changes by email or by special message posted on the home page of the website in terms no later than in 30 (thirty) days before the changes come into effect.
10.1.All claims, requests, questions and any other correspondence should be sent to the email address email@example.com, except as otherwise provided by an additional agreement between the Contractor and the Subscriber.
10.2. The Agreement is a legal agreement between the Contractor and the Subscriber and regulates the Subscriber's use of the Service of domain name registration and support.
10.3. In case any provision of this Agreement is found by a court to be invalid or unenforceable, the same shall not affect the other provisions hereof to be invalid or unenforceable.
10.4. In case of a breach of provisions by the Subscriber or any other users, inaction on the part of the Contractor shall not disable it to take actions in protection of its interests later.
11. Order of claims and disputes
For the resolution of disputes arising between the Contractor and the Subscriber in the result of the use of the Service, the following complaint procedure shall be applied:
The Subscriber, considering his/her rights and interests to be violated by the actions of the Contractor, shall send a claim to the Contractor to firstname.lastname@example.org email address.
The Contractor can set out its position on the issues of the claim and send the reply to stated in the claim email address within 10 (ten) working days from the date of receipt of claim.
In case of the failure of dispute resolution by means of complaint procedure, dispute shall be resolved in accordance with the Agreement.
Anonymous claims or those preventing to identify the user on the base of provided registration data shall be dismissed
The owner of the Service reserves the right to make the final decision on the claim.
12. Innovations in the legislation
In case of the adoption of legal regulations of the authorities that affect the performance of the Service of domain name registration and support entirely or partially, the Contractor reserves the right to any changes in the performance of the Service, aimed at bringing the Service in accordance with the new regulations.
13. Transfer of domain names
13.1. Transfer of domain names to other registrar shall be possible if:
- No less than 60 calendar days passed after the last registrar change or transfer from another user in the system ukrnames.com;
- No less than 60 calendar days passed after the domain registration;
- The domain name has no restrictions on the part of the Contractor, law enforcement authorities or the court;
- The domain registration period is not expired;
13.2.To transfer a domain name, for reasons of safety, the Contractor may request the Subscriber to provide verification
documents, as well as the original Application for