Welcome to Domain The Net Technologies Ltd. (“Domain The Net” or “the Company”), an ICANN accredited domain name registrar. The following terms define your rights and obligations in relation to the registration of domain names. You should read and understand these terms thoroughly. In order to register or to renew domain names through Domain The Net or any party acting on its behalf, including via the web-site operated by the Company at the address http://www.domainthenet.com (“the Website” or “Domain The Net Website”), you must confirm your acceptance of these terms. Once you have done so, a binding contract will be entered into between Domain The Net and yourself. If you do not consent to these terms and do not wish to enter into a binding contract with the Company, you will be unable to register or to renew the domain names in which you are interested, using the services provided by the Company.
Services Provided by the Company
Domain The Net provides domain name registration services. The Company is accredited to provide registration services to the following types of domain names
Generic Top Level Domains – gTLDs
Domain The Net is an accredited registrar of ICANN for the following Generic Top Level Domains ("TLDs"): .com, .org, .net, .biz, .info, .name, .jobs, .mobi, .asia, .tel, and .xxx and is fully authorized to supply registration services for domain names with these TLDs. ICANN is the organization responsible for supervising the management of the system for registration of Generic Top Level Domains.
The domain names are registered by the domain name registry operators. The domain name
registry operators for the aforementioned TLDs are: VeriSign.Inc for the .com,
.net, and .name TLDs; Public Interest Registry for the .orgTLD; Neustar Inc. for the .bizTLD; Afilias Limited for the .infoTLD; Employ Media LLC for the .jobs TLD; mTLD Top Level Domain LLC for the .mobi TLD; DotAsia Organization Limited for the .asia TLD, Telnic Limited for the .tel TLD and ICM Registry LLC for the .xxx TLD. You may register these names through our Website, as well as change the registration data of the names you have registered through the Website, and transfer the holding rights of these names.
Country Code Top Level Domains – ccTLDs
In addition to registration and renewal of domain names with the TLDs listed above, Domain The Net supplies registration and renewal services for domain names with TLDs from various countries, including (but not limited to) the following: .il, .cc, .ac, .ws, .fm, the .eu suffix of the European Union and others. Various companies manage the registration of these domain names, according to the suffix you have chosen. By accepting the terms of this Agreement, you hereby confirm that you have also read and committed yourself to the registration conditions of each of the registry operators relevant to the domain name you have chosen to register or renew. A detailed list of the registration conditions, including links to them, appears below.
DOMAIN NAMES WITH “.il” TLDs
Domain The Net is an accredited registrar on behalf of the Israel Internet Association (hereinafter: the “Association”) to register domain names ending with the TLDs .co.il and .org.il. and has the authority to provide an array of services in connection with domain names ending with these TLDs. You can register on your behalf domain names with one or more of these TLDs, subject to the rules of the Israel Internet Association, as detailed in the following chapter.
You hereby agree and authorize Domain The Net to perform a lock action of your domain to prevent any registrar transfer of the domain name ending with suffix co.il or org.il which may be registered, or which may be renewed via Domain The Net, or which may be transferred from another registrar to Domain The Net (“Lock Transfer”).
If you renew a domain name ending with co.il or org.il, or transfer the management of the domain name from another registrar to Domain The Net, then this Agreement shall constitute a request by you to ascribe the said domain name to Domain The Net as its registrar and an order on your behalf to Domain The Net to submit your request to the Association. In this regard, “ascription of a domain name” shall mean notification of the fact in the Association’s registry that the domain name is managed on your behalf by Domain The Net and not by you directly.
Subordination to the rules of the Israel Internet Association:
You hereby declare and affirm that you are aware that the registration and management of the domain names is done subject to the registration rules (link to http://www.isoc.org.il/domains/il-domain-rules.html) of the Israel Internet Association (hereinafter: the “Association Rules” and the “Association” respectively). You hereby confirm that youhave been given sufficient opportunity to read the registration rules (link to http://www.isoc.org.il/domains/il-domain-rules.html) of the Association, that you have actually read these rules and that you agree to them. In this regard, you declare and affirm that you are aware and agree that – (1) the domain names are registered for maintenance periods of one year and – (2) you are subject to the Association Rules on dispute resolution in relation to the domain names rights.
The Association has no liability towards you for the expiration of the domain name, registration renewal and/or executing any action for which the responsibility is given to the accredited registrar.
The Association’s liability towards you in respect of registering the domain name, examining the request for registration and handling it once registration has been processed – is limited as expressly stated in the Association Rules.
You hereby declare that you are aware and agree that registration of the domain name does not entitle you to any ownership rights or other proprietary right in the domain name – save for the contractual right to maintain the domain name alone.
You will compensate and indemnify the Association against any claim, action and/or demand which stems from the registration, maintenance and use of the domain name otherwise than in accordance with the Association Rules and/or the provisions of any law.
You are aware that you have the ability to contact the Public Complaints Commissioner appointed by the Association, at: email@example.com.
The laws that apply to disputes between you and the Association are the laws of the State of Israel alone (without application to the conflict of international law rules contained therein) and exclusive juridical competence rests with the authorized courts in the Central or Tel-Aviv districts alone.
In these clauses, the “authorized registrar” means the domain-names registrar authorized by the Association to register domain names through which you have registered and/or you manage the domain name.
DOMAIN NAMES WITH “.uk” TLDS
Domain The Net is an accredited registrar on behalf of .uk Top Level Domain registry (hereinafter: ".uk Registry") to register domain names ending with the .uk TLD and has the authority to provide an array of services in connection with domain names ending with this TLD. You can register on your behalf domain names with one or more of the Second Level Domains available in the .uk TLD.
You hereby declare and affirm that you are aware that the registration and management of the domain names is done subject to the .uk registration rules <link to http://www.nominet.org.uk/registrants/aboutdomainnames/legal/terms> of the .uk Registry. You hereby confirm that youhave been given sufficient opportunity to read these rules, that you have actually read these rules and that you agree to them. In this regard, you declare and affirm that you are aware and agree that – (1) the domain names are registered for a minimal period of two years and – (2) you are subject to the .uk Registry rules on dispute resolution in relation to the.uk domain names rights.
How Do You Verify that a Domain Name is Available?
You can verify that a domain name is available by using the query system of the Website. At the same time, the domain name registry is managed by the relevant Registry Operators. You hereby declare and confirm that the search results in the query system itself does not represent the existence or absence of your right or anyone else's right in any domain name. Even if you have checked and discovered, through the query system, that the Name is available – it is possible that parallel, or just prior, to the time of your registration,
it was registered by a third party, or that the domain name Registry was not updated on time
by the relevant registry operator. Thus, even if according to the query system the domain name is shown as registered on your behalf, although you did not fulfill the renewal terms specified in this agreement, it is possible that the query system was not updated yet.
Accordingly, you hereby declare and confirm that Domain The Net cannot guarantee that the domain name you have requested to register based on the query system will indeed be capable of, or available for, registration, or that the indication of your name as a party holding rights for the domain name in the query system can indicate on your actual rights for the domain name. Only Domain The Net's confirmation for the registration or renewal of the domain name your requested to register or to renew is an evidence to the registration or renewal of the domain name. Even if you checked and found using the query system that the domain name is available - it is possible that parallel, or just prior, to the that time it was registered by a third party, or that the domain name registry was not updated on time by the relevant registry operator.
Registering Domain Names
Domain The Net only supplies registration services, but does not manage the domain name registries. The actual registration is performed by the relevant registry operators (the registry operators for Generic Top Level Domains, and the registry operators in the various countries for the Country Code Top Level Domains).
You hereby confirm your agreement to the following: (A) The relevant registry operator has absolute discretion to accept or reject any request to register or renew a domain name, for any reason, including where it considers that registration of the domain name chosen by you is prohibited under the rules of registration by which it is bound. (B) The domain name you have chosen to register or renew will not be listed under your name until the registry operator has performed the registration or renewal. Domain The Net has no control over the registry operators’ actions and cannot guarantee when, if at all, a domain name will actually be registered under your name. (C) Domain The Net is not responsible for any action, decision, act or omission of any of the registry operators. You hereby confirm that you will have no claim, demand or action against Domain The Net due to any action, decision, act or omission committed by a registry operator – including, but without derogating from the generality of the foregoing, the rejection of a request to register or renew the registration of a domain name; in the event of a failure to actually perform the registration or the renewal of a domain name; or due to any suspension, postponement or cancellation of the registration of a domain name.
(D) Your domain name registration shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Domain The Net's or registry's procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Domain The Net or the applicable registry operator in registering the domain name or (2) for the resolution of disputes concerning the domain name.
You hereby declare and confirm that the registry operator for domain names with the suffix .biz has the right to refuse, to cancel or to transfer any domain name registration, as it shall deem fit and in its absolute discretion: (1) in order to protect the integrity and stability of the domain name registration with this suffix; (2) in order to comply with any law, regulation or directive of the enforcement agencies, during a dispute resolution procedure; (3) in order to avoid any liability, civil or criminal, on its part or on the part of its partners, its subsidiary companies and its employees and directors; (4) in order to avoid a breach of the agreement signed between the registry operator and Domain The Net regarding the registration service of domain names with this suffix; (5) in order to correct mistakes on its part or on the part of any other registrar in the process of registering the domain name. The registry operator may also suspend a domain name during the resolution of a dispute.
You hereby declare and confirm that a request for the registration of a .name domain name and email addresses be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding. You also declare and confirm that according to the Eligibility Requirements of this TLD, the following categories of Personal Name Registrations may be registered:
(i) The Personal Name of an individual (including a name by which the person is commonly known or a stage name);
(ii) The Personal Name of a fictional character, if you have trademark or service mark rights in that character's Personal Name;
(iii) In addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
You hereby acknowledge that you have read, understood and that you agree to the Registry - Registrant Agreement as posted on www.icmregistry.com.
Legal Conflicts and Dispute Resolution
Domain The Net will not be a party to any legal conflicts regarding the issue of the registration of domain names. In all issues relating to the registration of Names, Domain The Net will act in accordance with the instructions of the Israeli courts and according to its obligations pursuant to agreements with the domain name registry operators.
By submitting a request to register or renew a domain name with one of the generic Top Level Domains (gTLDs), you hereby confirm that you accept the conditions of ICANN’s Uniform Dispute Resolution Policy (UDRP) in force from time to time. The updated version of this policy can be viewed on ICANN’s Internet site at: http://www.icann.org/udrp/udrp-policy-24oct99.htm. The dispute resolution policy constitutes an integral part of this Agreement, and you hereby affirm that you have read and understood this document, and that you undertake to comply with its provisions.
By submitting a request to register or renew a domain name with the .biz TLD, you hereby confirm that you accept the UDRP Rules, as well as The Restrictions Dispute Resolution Criteria and Rules – RDRP in force from time to time. The RDRP Rules can be viewed at http://www.icann.org/en/udrp/rdrp-policy.html These Rules constitute an integral part of this Agreement, and you hereby affirm that you have read and understood them, and that you undertake to comply with their provisions.
By submitting a request to register or renew a domain name with the.name TLD, you hereby confirm that you accept the UDRP Rules, as well as the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"). The Registry Operator is entitled to perform changes and corrections of the ERDRP from time to time, and a notification will be published at the Registry Operator’s website 30 days in advance. These Rules can be viewed at: http://www.icann.org/en/udrp/erdrp-policy.html ..
By submitting a request to register or renew a domain name with a country code TLDand/or with the .eu TLD, you hereby confirm that you accept the Dispute Resolution Rules of the registry operators for the domain name you have chosen to register or renew. A detailed list of the Dispute Resolution Rules, including links to these Rules, appears here.
You hereby confirm that in any case of adjudication of disputes concerning or arising from use of the domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (i) of your domicile and (ii) where Domain The Net is located.
Any changes in the conditions of the Dispute Resolution Policy of the registry operator for the domain name you have registered or renewed will immediately apply to you. Your continued use of the domain name you have registered or renewed will indicate your acceptance of these new conditions. If you do not accept these new conditions, you will be entitled to request to cancel the registration of the domain name you have registered or renewed, or to transfer it to another domain names registrar (where another registrar exists which manages a registry of names of the type you have chosen to register). You hereby explicitly agree that such cancellation or transfer request will be the only relief to which you are entitled in a case of this sort, and you will have no further rights vis-à-vis Domain The Net.
You hereby declare and affirm to Domain The Net as follows: (A) All the information, details, data, representations and declarations supplied by you during the submission of your request to register domain names or to renew their registration are correct, comprehensive, updated and accurate, and will be updated by you as required from time to time. (B) You are not prevented under any law or agreement from entering into a domain name registration agreement. (C)
The registration of your domain name does not violate the rights of a third party, and in particular does not violate any registered or unregistered trademark, does not exploit a third party’s goodwill and does not prevent or hinder access to a business or service of any third party. You are aware of the fact and agree that you are solely responsible for investigating whether by registering your domain name you are infringing or violating any third party rights, and that neither Domain The Net nor the domain name registry operator are required to perform and do not actually perform such an investigation, but rather follow the rule of “first come first served”, unless a different method has been specifically defined. (D) The domain name is intended to serve your own personal or commercial needs in a bona fide fashion. (E) You are not registering or renewing your domain name, and do not intend to use the name, for purposes that are illegal according to the Laws of the State of Israel.
By requesting to register a domain name with the.biz TLD, you are hereby affirming that: (A) You will make bona fide use of the domain name for business or commercial purposes, and not for exclusively personal goals, or with the aim of selling, trading or hiring out your domain name, or for the purpose of making unsolicited offers for the sale, trade or rental of your domain name. (B) All the information, details, data, representations and warranties you have given during the submission of your request to register domain names or renew their registration are correct, comprehensive, updated and accurate, and will be updated by you as required from time to time. (C) You are not prevented under any law or agreement from entering into a domain name registration agreement. (D) Your domain name is reasonably related to your current field of occupation or to your anticipated field of occupation at the time you submit a request for the registration of the domain name.
By requesting to register a domain name with the suffix .name TLD, you hereby: (a) Certify that to the best of your knowledge, the Registered Item ("Registered Item" refers to either a domain name within the domain of the .name TLD, whether consisting of two or more levels, or a SLD E-mail Address or a Defensive Registration or any other .name Registration, about which the Registry Operator or an affiliate engaged in providing Registry Services maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance) is registered in compliance with the .name Eligibility Requirements; (b) Give your consent to the use, copying, distribution, publication, modification and other processing of your Registered Item Personal Data by the Registry Operator and its designees and ; (c) obligate to immediately correct and update the registration information for the Registered Item during the registration term for the Registered Item; (d) Agree to be bound by the terms and conditions of the initial launch of the .name TLD, including without limitation the sunrise period and the landrush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that the Registry Operator and/or Domain The Net have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (i) your ability or inability to obtain a Registered Item during these periods, and (ii) the results of any dispute over a sunrise registration; (e) Acknowledge and agree that the Registry Operator and/or Domain The Net reserves the right to deny, cancel or transfer any registration or transaction, or place any Registered Item(s) on registry lock, hold or similar status, or additionally for SLD email forwarding implement throttling/blocking and/or size limitations, that it deems necessary, in its discretion; (i) to protect the integrity and stability of the registry; (ii) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry Operator and/or Domain The Net, as well as their affiliates, subsidiaries, officers, directors, and employees; (iv) per the terms of this registration agreement or (v) to correct mistakes made by the Registry Operator or any Registrar in connection with a Registered Item registration. The Registry Operator and Domain The Net also reserve the right to place upon registry lock, hold or similar status a Registered Item during resolution of a dispute.(f) you will comply with the following: (i) ICANN standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (ii) Operational standards, policies, procedures, and practices for the .name TLD established from time to time by the Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of the Registry Operator, and consistent with ICANN's standards, policies, procedures, and practices and the Registry Operator's Registry Agreement with ICANN. Among Registry Operator's operational standards, policies, procedures, and practices are those set forth in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm . Additional or revised Registry Operator operational standards, policies, procedures, and practices for the .name TLD shall be effective upon thirty days notice by Registry Operator to Domain The Net.
Warranty Made by a Third Party Representative
If you request to register domain names or to renew the registration of domain names on behalf of a third party, you hereby declare and affirm to Domain The Net as follows:
(A) You are legally authorized to represent the said third party and to enter into binding obligations on its behalf. (B) The actions you perform in relation to the domain names will entitle and bind the third party, in whose name you act. (C) You have informed the third party of the conditions stated below regarding the use of its particulars and their disclosure in public, and have received its explicit consent to these conditions. (D) You will indemnify Domain The Net, its employees, its managers and its representatives, as well as the registry operator relevant to the domain name you have requested to register or renew, should it become evident that these warranties and undertakings of yours are incorrect, or should the third party, in whose name you are acting, deny its commitment to the provisions of this Agreement and/or if Domain The Net will be found as liable to that third party with any liability due to an argument made against Domain The Net regarding the domain name registration in any jurisdictional institute, or in any dispute resolution process.
When you register a domain name through Domain The Net, or when you renew the registration of a domain name, you will be requested to submit various items of information. If you submit incorrect details, Domain The Net cannot guarantee that the services you order through Domain The Net will be provided, nor that it will be possible to contact you when necessary, and accordingly you declare that Domain The Net is not responsible to any impact on your rights that could arise due to the submission of incorrect details and/or inaccurate details as aforesaid, including the non-registration or non-renewal of the domain name. Therefore when you register, please make sure to record your correct and most up-to-date details. If your details change, please update them via the "manage account" section on the Website.
Each of the following cases will constitute a fundamental breach of this Agreement and will constitute grounds for cancelling the registration of a domain name:
(a) the deliberate submission of incorrect or inaccurate details while requesting to register a domain name;
(b) the deliberate failure to update the details submitted;
(c) the deliberate failure to give an answer in good faith to the examinations and investigations performed by Domain The Net regarding the accuracy and comprehensiveness of the details you have submitted, within 15 days of Domain The Net’s first request in this regard.
Username and Password
When you register a domain name through the Website, you will be requested to choose a username and a password. In the future, when you wish to perform various actions in the domain name you have registered (such as a change of contacts, renewal or transfer of holding rights), you will be identified by the username and password you have chosen. In such case, you will only have to verify that your contact details, as they appear on the computer screen, are updated. If they are not updated, you will be requested to correct them in order to enable us to respond to your request and to contact you where necessary.
It is your sole responsibility to maintain the confidentiality of your username and password in order to prevent the misuse of your account, and in order to avoid the danger of unauthorized actions committed in the domain names you have registered. Domain The Net will not be responsible for any action performed in connection with the domain names you have registered, as a result of your failure to maintain the confidentiality of your username and password or of your negligence in maintaining their confidentiality or as a result of your having disclosed these to a third party.
When you are using the registration or renewal services of domain names Domain The Net allows you to use its DNS servers. In case you will exercise the option to use Domain The Net's DNS servers for your domain name you confirm that Domain The Net is allowed at any time to forward any Inactive Domain Name to a Domain Parking Page at its sole discretion.
An Inactive Domain Name would mean a domain name held by you and which at any given point of time: (1) Has Domain The Net's DNS servers defined as its authoritative DNS servers; (2) Is not forwarding to a hosting account or another web page (at Domain The Net or a different provider); and (3) Is not forwarding to any other domain name.
You hereby agree that Domain The Net may present advertisements on its domain parking pages, and you understand that the advertisements in the domain parking pages may be for or include, but are not limited to, commercial search engines, advertisements for third party web-sites, third party services and products, Domain The Net's website, and/or Domain The Net's services and products. Domain The Net reserve its right to change at any given time the content and/or the appearance of such an advertisement, or to present it partially or in full, at Domain The Net's sole discretion, and without any prior notice to you. You hereby agree that all the revenues (if any) generated through such parking pages will belong solely to Domain The Net, unless otherwise agreed in writing between the parties.
If you would like to stop the forwarding of your domain name to the parking page provided by Domain The Net, it would be your sole responsibility to log-in to your account management on the web-site and change the DNS servers defined under your domain name so that they will no longer be Domain The Net's DNS servers, or to forward your domain name to a different website or a hosting account.
In return for the services supplied to you by Domain The Net in registering domain names or renewing their registration, you undertake to pay Domain The Net the relevant fees, at the rate at which these stand from time to time, in respect of these services. Click here to ascertain the relevant tariff commencing from the time of registration. Domain The Net is entitled to change, update, raise or lower the tariff charged for performing these activities, without being subject to any claim, demand or action against the Company for doingso.
The sums you pay Domain The Net for the registration of domain names or for the renewal of their registration already include payment to the relevant registry operator for the domain name of the type you have registered or renewed.
Once you have completed the process of ordering or renewing the registration of a domain name, even if this is before the name has been actually registered in the relevant registry, you will no longer be entitled to receive a refund of any amount that you undertook to pay the Company – unless Domain The Net and the relevant registry operator, in their exclusive discretion and being under no obligation, so entitle you, beyond the letter of the law.
In any case, once your domain name has been registered in the relevant registry, you may no longer receive a refund of any kind for the payment you have committed to pay Domain The Net.
Payment by Credit Card
In order to make the payment you must own a valid credit card belonging to one of the creditcard companies in Israel (IsraCard, Visa C.A.L., Visa Alpha and American Express). You hereby permit Domain The Net to charge your credit card with the fee in respect of the registration or renewal of a domain name or any other services provided to you.
Payment by Bank Transfer
If you wish to pay Domain The Net by depositing the payment directly into the Company’s bank account, you should contact Domain The Net by phone in this regard. Once you have submitted to the Company the appropriate form of undertaking sent to you, including the details of the names you wish to register or renew, and after Domain The Net will receive in its bank account the payment made by bank transfer Domain The Net will attend to the registration or renewal of the desired names or to any other services you have ordered.
Payment by Check
If you prefer to pay Domain The Net by cash check, you can do so by sending a check for the appropriate sum to: Domain The Net Technologies Ltd., 81 Sokolov St.., Ramat Hasharon 47238, together with an order form stating the domain names you wish to register or renew, or the service in which you are interested .
In regard to any of these payment methods – you acknowledge and agree that Domain The Net will not request the registry operator of the domain names you have chosen to register or renew, to perform the said registration or renewal, even if it has found that your request is compatible with all the terms that apply for the registration of the domain name including the terms of this agreement, unless and until the correct sum has been paid or pledged to the Company’s satisfaction.
In case Domain The Net has registered or renewed the domain name before the payment was settled, and it has found that the payment was not settled, or Domain The Net assumed that the payment was settled but found that it was not so, Domain The Net is entitled to cancel the registration or renewal in its sole discretion and in an immediate fashion. You hereby release Domain The Net, its employees, managers, representatives or anyone on its behalf from any claim, action or demand in case it will act according to its aforesaid right.
In any case, where the names not registered on your behalf (for example, but not only, if they have already been registered), the balance of your payment will be returned to you within 30 days. In such case, you relinquish any claim, demand or action against Domain The Net. The following should be noted in particular: in the event that the cheque submitted by you is dishonored by the bank, for any reason whatsoever, you will be charged handling fees of 30 NIS.
Domain The Net does not receive, and is not obliged to receive, payment by any other method.
If you have registered a domain name or renewed its registration, and the sum has not actually been paid to Domain The Net, Domain The Net shall be entitled to deal with the domain name as it deems fit, including demanding that the domain name be transferred to the Company’s name, cancelling its registration under your name or requiring its return to thedatabase of domain names available for registration. For the sake of exercising the Company’s right to implement any of the above options, you hereby authorize Domain The Net to act on your behalf in dealing with the registry operator for the domain names of the type you have chosen to register or renew, and you hereby release Domain The Net, its employees, managers, representatives or anyone acting on its behalf, from any claim, demand or action, should the Company exercise this right.
Registration and Renewal Time Periods
The domain names you have chosen to register or renew will be registered under your name for a limited time period, as stated in the registration rules of the various registry operators. The time period determining the registration or renewal period will appear in the registration confirmation that will be sent to you at the end of the registration or renewal process. At the end of the registration period you may renew your registration for a stated fee, subject to that such a request is received by Domain The Net not later than the day of expiration, and in the TLDs that allow it not later than the end of the 30 days post-expiration period as defined below. You bear sole responsibility for attending to the renewal of your registration and the payment of all the fees required thereby at that time. You hereby explicitly release Domain The Net from all responsibility for any damage, loss, payment, expense or loss of profit incurred by you (if any) as a result of failure to renew your registration or the lapse of your rights in respect of the domain name. You can renew your registration through the Website. Domain The Net will endeavor, but does not commit itself, to send you a reminder via email as your registration renewal date approaches.Not fulfilling the renewal conditions including the settlement of the renewal payment on time as described in the above "Payments" section, will cause the immediate expiration of your rights.
Expiration of a domain name registration
After expiration of the term of a domain name registration and before deletion of the domain name in the relevant registry's database, you acknowledge that Domain The Net may direct the domain name to DNS servers and/or IP addresses designated by Domain The Net, including, without limitation, to no IP address or to IP addresses which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that Domain The Net may either leave your WHOIS information intact or that Domain The Net may change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant of the expired domain name.
After expiration of the term of the domain name registration services, you acknowledge that certain registry administrators may provide procedures or grace periods during which expired domain name registrations may be renewed. You acknowledge that you assume all risks and all consequences if you wait until close to or after the end of a domain name registration term to attempt to renew the registration. You acknowledge that Domain The Net, for any reason and in its sole discretion, may choose not to participate in a post-expiration renewal of a domain name and that Domain The Net shall not be liable therefore. You acknowledge that post-expiration renewal or redemption processes, if any, involve additional fees which Domain The Net may determine. You acknowledge and agree that expired domain name(s) may be made available to be registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain name registration Domain The Net may, for a period of thirty (30) days , either i) remove the domain name from the zone of the domain extension (meaning that the Domain Name will no longer resolve), or ii) direct the Domain Name to DNS servers and IP addresses of websites designated by Domain The Net, including, without limitation, to IP addresses which host a parking page or a commercial search engine that may display advertisements. If Domain The Net exercises its rights under this provision, and if you do not contact Domain The Net to pay for and renew the Domain Name prior to the end of the aforesaid thirty (30) days period, you agree that you have abandoned the Domain Name and you give-up any and all rights that you may have had to the Domain Name to Domain The Net other than the rights that Domain The Net provides to you in this agreement.
After the aforesaid thirty (30) days period, you agree that Domain The Net may either:
(1) delete the Domain at any time thereafter or (2) pay the Registry's registration fee or otherwise allow it to continue to be registered and that Domain The Net may list itself or a third party as the registrant of the Domain Name in the WHOIS information and pointing the Domain Name to the DNS servers and IP addresses designated by Domain The Net or, (3) put the Domain Name up for auction or otherwise sell the Domain Name, in which case you give-up all rights and control over the Domain Name and Domain Services.
Transfer of Domain Name Rights
You may transfer the rights to a domain name registered by you through Domain The Net to a third party (“Transfer Recipient”), by informing Domain The Net that you would like to do so. The transfer will apply and the registration will be changed by Domain The Net only subject to the following cumulative conditions: (1) The receiving by Domain The Net of a written notice and/or a notice through the Website as much as such an option would be available, about your willingness to do so. (2) The payments for the registration of the transferred domain name have been made to the satisfaction of Domain The Net, and Domain The Net knows of no impediment to performing the transfer under any contract or law. (3) The Transfer Recipient has affirmed his consent to the conditions of this Agreement or to the Agreement in force during the transfer, and also to the conditions of the agreements in force vis-à-vis the registry operator for the domain namesof the type being transferred. Domain The Netretains the right to demand any additional document including an agreement formulated by Domain The Net and signed by the parties, authorized by a notary or attorney, and that by its sole discretion. As long as these conditions are not fulfilled, the registration will remain as it is, subject to the payment of renewal fees, and Domain The Net will bear no liability whatsoever arising from the non-changing of the registration.
Grant of Domain Name User Rights
If you have granted a third party the right to use your domain name, this will in no way detract from your absolute responsibility to adhere in full to your commitments owed under this Agreement to Domain The Net and to registry operators of domain names of the type registeredby you, unless you have transferred the full rights for the domain name to a third party as described in the above section. Specifically, but without detracting from the generality of the above statement, you will bear full responsibility for the payment of all sums required for the initial registration, maintenance and renewal registration of your domain name, in accordance with the amount at which such sums are set from time to time. In case Domain The Net will be found liable with any liability due to the activity with the domain name or will be damaged due to such activity, you will be obligated to indemnify Domain The Net with a full indemnification or to compensate it with a full compensation, accordingly.
Transfer of Management of a DomainName to Domain The Net
You have the right to transfer the management of your Domain Name to Domain The Net (Registrar Transfer). In order to do this, you must submit a request to transfer or renew your domain name in the designated location on the Domain The Net Website. The request must be submitted either by you or by someone identified by you during registration as your authorized representative, of whose details Domain The Net has been informed. Your request will not become officialuntil Domain The Net has verified its acceptance of your request through an email message it will send you.
If you wish to simultaneously transfer the holding rights of your domain name, and switch your domain names registrar, you must supply Domain The Net, in addition to the verification described above, with one of the following documents: (1) a valid agreement between the parties involved in the transfer of holding rights of your domain name; (2) a final decision of a recognized institution authorized to resolve domain name disputes; (3) a court order.
Before you receive the service of replacing your domain names registrar, you must commit to pay Domain The Net the relevant handling charges required at that time for performing the replacement. The replacement of a domain names registrar will only by performed at the request of the holder of the domain name, as registered in the domain names registry system in accordance with the registry operators’ instructions. You hereby affirm that you hold full license as the holder of the domain name to initiate the transfer of the management of your domain name to Domain The Net, or that the holder of the domain name has assigned you full license to perform the said transfer. Domain The Net may require of you, in its absolute discretion, to present it with documents that prove that the submitter of the request was, in fact, assigned full license to submit this request. Domain The Net is likely to reject a request to transfer to it the management of a domain name if: (1) the request is submitted before 60 (sixty) days have passed from the date on which the request to register the domain name was submitted to the original domain names registrar; (2) in the cases stipulated in the UDRP for domain names in a generic TLD (gTLDs) or in the cases stipulated in the specific dispute resolution policy of the domain name's TLD; (3) where a receiving order or liquidation order is pending against the owner of thedomain name; (4) where there is a dispute regarding the identity of the owner of the domain name; (5) in any case in which the replacement of the domain names registrar would be prohibited according to any law. In submitting the request to replace your domain names registrar, you hereby affirm that you have ascertained and verified that not one of the constraints described above exist. Payment for the transfer of your domain names registrar, if exists, will not be returned, but Domain The Net may, at its absolute discretion, transfer your payment for the benefit of another request, should you submit such a request for the replacement of one domain names registrar with another.
Once the management of your domain name has been successfully transferred to Domain The Net, the conditions of this Agreement will bind you. In the case of a registrar transfer of a domain name in a generic TLD (gTLD) or in other TLDs in which such a demand by the registry operator exists, the expiry date for registration of your domain name will be extended automatically by one year. For a domain name in a generic TLD (gTLD) the expiry date will be extended in this way only in case that the registration period of your domain name after the extension does not exceed ten years.
Retention of Personal Details: The personal details you submit while ordering your domain name on the Website will be saved in Domain The Net’s database and will also be forwarded to the registry operators of the domain in the TLD you have chosen. You are not legally bound to submit these details to Domain The Net, and their submission is your choice alone. However, it will not be possible to register your domain names or to address your request without the required details. You hereby give your consent to the use of your personal details according to the conditions stated in this contract, both during the period the domain names you have registered are registered under your name and after its termination.
Consent to publicity: You hereby recognize and agree that Domain The Net and the registry operators relevant to the domain name you have chosen to register or renew reserve the right to make your details public or the details of the domain name you have registered or renewed – whether on the Internet or on digital media or by any other means deemed fit by them. Such publicity will appear, inter alia, within databases such as “WhoIs,” which enables people to find out the identity and personal details of the owners and holders of domain names, including the names of the administrative and technical contact people that were submitted at the time the domain name was ordered, as well as the identity of the domain names server managing the domain names. Not all the domain name registry operators operate an on-line system that enables people to find out the details of the registered holders of the names. Domain The Net does not guarantee that such a database will operate for the domain names of the TLD you have chosen to register or renew.
Data: During your use of the Website, Domain The Net reserves the right to collect data regarding your consumer habits, products and services you have purchased, information or advertisements you have read on the Website, pages you have viewed, propositions that have interested you, the modes of payment you have chosen, etc. Domain The Net will keep this information in its databases and will use it in accordance with the provisions of this Agreement.
Data possessed by Domain The Net: If you have purchased services from Domain The Net in the past, the Company reserves the right to use any data in its possession concerning the payment of your bills, in order to determine whether to allow you to register for additional products and services. You hereby give your consent to the use of such data for this purpose.
Confidentiality of personal details and data: Domain The Net may submit to third parties your personal details and the data gathered regarding your activity on the Website, in the cases described below (this shall not, however, detract from your consent to the publication of these details as described above):
· Where you have violated the terms of the warranties made by you in this Agreement or the provisions of this Agreement – including the agreements with the registry operators of the TLD of domain name you have registered or renewed and which are included in this Agreement as stated above – or where, through the Website or through your domain names, or in connection with the registration of your domain names or the renewal of their registration, you have committed acts that are against the law, or have attempted to commit such acts.
· In the event that Domain The Net receives a judicial order instructing it to submit your details or information concerning you to a third party.
· In the event of a dispute, claim, lawsuit, demand or legal procedure, if any, between yourself and Domain The Net.
· Domain The Net shall be entitled – and you hereby give your consent to this – to submit your details as well as any information collected and based on your use of the Website, to the registry operators of the TLD of domain name you have requested to register or renew.
· If Domain The Net should decide to organize its activities using another corporation, it shall be entitled to supply that corporation with a copy of the information collected about you by Domain The Net, on the condition that the new corporation accepts the provisions of the confidentiality clause which appear in this Agreement.
Examination and modification of data: You are legally entitled to request to examine any data concerning you retained by Domain The Net. To do this you must first submit a written request, signed by you and addressed to Domain The Net, with the following details: name and address of database, your full name, your ID number, your father’s name, your address (including zip code), the information you wish to examine and the reasons for your request. Provided Domain The Net gives its consent to your request, you will be invited to examine the data at the Company’s offices, which are situated at: 81 Sokolov St., Ramat Hasharon, 47238. Domain The Net will send you an invitation to examine the information. The date for examination of the said data will be within 30 days of the receipt of your request. Domain The Net may send by personal delivery to your address, in its absolute discretion, a printed copy of the requested information, instead of allowing you to examine the same in the Company’s offices. Domain The Net may charge a fee for your request to read through the information.
In addition, you have the right to request the modification of any information concerning you in any of the databases of Domain The Net that is incorrect, incomplete or outdated. In order to do so, you must send a registered letter to Domain The Net and specify the information in need of correction. The correction of information will be based on your request, subject to the absolute discretion of Domain The Net. Domain The Net will send to your address an answer regarding your request. Publication of your details in accordance with the provisions of this Agreement will be updated in light of your request as and where necessary.
Commercial mail: Domain The Net may send you mail, including commercial and promotional mail regarding its services, special deals on the Website, offers to its customers, etc. Domain The Net may also send you, as it deems fit, from time to time, advertisements from selected commercial companies, without supplying these with your details. If you wish to cease receipt of such mail, you can do so by sending a message by electronic mail to: firstname.lastname@example.org.
Statistics: Domain The Net is entitled to use the personal details you have submitted while purchasing or renewing your domain names, as well as any data collected about you during your use of the Website, for the deduction and analysis of statistical information. Domain The Net may submit this statistical data to third parties, provided this data does not relate to you personally or identify you in person.
Data protection: Domain The Net uses advanced protection devices in order to secure the information on its Website. Penetration into the computer systems of the Website or Domain The Net, constitutes a criminaloffense according to Israeli law, punishable by up to five years in prison. You hereby confirm that you will not perform any act intended to penetrate illegally into the computers of either Domain The Net or the Website, to scan access routes or gaps in these computer systems, to break into the security or coding systems that protect the Website and the data contained therein, or to assist in the commission of any of the above activities.
Third party’s consent to utilization of data: If your request to register your domain name includes the personal details of a third party, you hereby affirm that you have received the explicit consent of the said third party to the utilization of its details, according to the provisions of this Agreement.
Utilization and safeguarding of data: Domain The Net hereby affirms that it will only utilize your details in accordance with the provisions set down in this Agreement, and that it will take reasonable precautions to protect the data from loss, misuse, unauthorized access, deletion and unauthorized exposure.
Limitation of Liability
Domain The Net gives no guarantee to you that you will obtain any commercial profit, or any other benefit – whether in money or money’s worth – from the domain names you register through its services.
Domain The Net does not guarantee that the services offered on the Website will be provided at the lowest prices, or on the best payment conditions, or that they will be compatible with your needs and requirements. The responsibility for assessing the compatibility of these services to your needs and the feasibility of their purchase is yours alone.
Domain The Net will assume no liability for any damage caused to you due to an act or omission of any of the registry operators – including a refusal to register a domain name or the suspension, abeyance or cancellation of a registered domain name.
The services provided by Domain The Net including the service on the Website are offered for use AS IS. You will have no claim, demand or action against Domain The Net in respect of the features of the service, its abilities, its limitations or its compatibility with your needs and requirements.
The company does not bear any responsibility towards you regarding the expiration of the registration of the domain name, the non-renewal of the domain and/or for the performance of any action for which the responsibility to perform it is yours.
The liability of the company towards you regarding the registration of the domain name, the examination of the request for registration, and its management after it was registered – is specifically limited as described in these terms.
You hereby declare that you are aware and agree to that the registration of a domain name grants you with no ownership rights or any other proprietary right for the domain name – but only a contractual right only to hold the domain name for the term that will be defined with the registration or renewal of the domain name.
Domain The Net gives no undertaking that the Website service will be undisturbed, provided regularly or in an uninterrupted manner, will perform safely and without mistakes, and will be immune to unauthorized access of Domain The Net’s computers, or to damage, failures, errors – including errors in thehardware, the software or the Website communication lines – in Domain The Net or any of its suppliers.
Domain The Net takes precautions to ensure the safety of the data on the Website, but it cannot guarantee total immunity to penetration into its computers, attempts at such penetration, exposure of data or disruptions and disturbances to the activities of the computer systems that serve the Website. If, despite the security measures taken by Domain The Net, a third party succeeds in gaining access to the data on the Website – including data regarding you – or in misusing such data, you will have no claim, demand or action against Domain The Net.
Domain The Net will bear no liability for the exposure of your account’s details on the Website or for any misuse of your account that arise from your failure to maintain the confidentiality of your username and password, or by your revealing these to a third party.
Domain The Net bears no responsibility for the content of notices, advertisements or commercial offers publicized on the Website by third parties. Domain The Net is also not responsible for commercial offers you receive from third parties, if you chose to receive such offers in the process of your registration to the Website, nor for products and services you choose to purchase from them. Any claim, demand or action you may have on account of such offers, products or services, or due to their receipt or their results, must be directly addressed to the third party from whom you have received the offer or have purchased the product or service, and you will have no claim or demand regarding these against Domain The Net.
Wherever there are links to other sites not operated by Domain The Net, the Company bears no responsibility for the content of these sites, for the data advertised on them – including its comprehensiveness, accuracy, validity and veracity – or for any other detail related to them. Domain The Net will not be liable for any direct or indirect damage, monetary or other, caused to you as a result of your use of, or reliance on, the data that appears on those sites, which you have reached through the Website.
You hereby release Domain The Net, its employees, managers or anyone on its behalf from any liability or responsibility for: (a) the suspension, cancellation, misplacement or change in the registration of the domain names you have requested to register or renew through the Website or through the services of Domain The Net; (b) any mistake, deletion, omission or any other act performed by the registry operator, directly or indirectly arising from, or related to, your request to register the domain name and/or with the registration or non-registration of the domain name you have requested; (c) use made of the data you have submitted for the purpose of registration or renewal of registration of a domain name through the site, by third parties not under the Company’s control; (d) disturbances or delays in access to the Website; (e) disturbances in the arrival of the details you have submitted while ordering the domain name – including non-arrival of data or its arrival in a confused, faulty or undecipherable form, for any reason at all (including a failure in Domain The Net’s systems) – and any consequence arising from these disturbances; (f) the processing and registration of the domain names you have ordered or renewed the registration thereof, through the Website or the Company; (g) any claim, demand or action against you by a third party, who claims that you have violated his rights by the registration of your domain names – including the outcome of any legal procedure that takes place due to any such claim, demand or action, whether in the courts in Israel or abroad, and whether in arbitration procedures or in arbitration-style procedures, as stated in the dispute resolution regulations that apply to the domain names of the type you have registered or renewed; (h) any damage, loss, cost, payment or expense incurred by you due to your use of the services of Domain The Net – including indirect or consequential damage. On the other hand, if you have been caused damage due to any act or omission committed, either intentionally or with gross negligence, by Domain The Net, the total amount of compensation to which you will be entitled by Domain The Net will not exceed the amount you actually paid to the Company for the registration, the renewal or any other service for the relevant domain, or that you were meant to pay the Company, for the service actually supplied to you for that domain name.
You hereby give your consent to release the registry operators, their managers, employees or representatives, from any liability or responsibility related to or arising from the registration of your domain name with the .info TLD. Furthermore, you hereby undertake toindemnify them for any claim, demand or action for compensation and/or indemnification, including expenses and attorney’s fees, and to manage for yourself, at your own expense, the defence against any such claim, demand or action, related to or arising from the registration of your domain name. This undertaking will remain in force even after the conclusion or termination of this Agreement, for any reason.
You hereby agree to indemnify, defend and hold harmless the .name Registry Operator, and its directors, employees or representatives from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to your registration. This indemnification obligation will survive the termination or expiration of this Agreement.
Indemnification for Breach of the Terms of the Agreement
You hereby undertake to indemnify Domain The Net, its employees, managers, representatives and/or any of the registry operators of the type of domain name you have registered or renewed (and specifically VeriSign Inc. Corporation for the .com, .net and .name TLDs; Public Interest Registry Corporation for the .orgTLD; NeuStar Inc. for the .bizTLD; Afilias Limited Corporation for the .info TLD; Employ Media LLC for the .jobs TLD; mTLD Top Level Domain LLC for the .mobi TLD, DotAsia Organization Limited for the .asia TLD, Telnic Limited for the .tel TLD, and ICM Registry for the .xxx TLD), for any damage, expense, loss or loss of profits – including attorney’s fees and trial expenses – caused to them by your breach of the conditions of this Agreement, or in the event that it should become apparent that any of the warranties made by you in the course of this Agreement is untrue, including in the event of a registration of a domain name that breaches the rights of a third party.
Changes in Website and Registration Services
Domain The Net may periodically effect changes in the structure of the Website, its layout, the scope and availability of the services offered in it and any other aspect related to these services or to the Website and its operation – without being required to inform you of any of the above in advance. These changes will be based, among other factors, upon the Internet’s dynamic character, upon business development and upon technological and other changes taking place within it. Naturally, such changes may involve failures or at first create discomfort, etc. You will have no claim, demand or action against Domain The Net for carrying out such changes, or for any failures resulting therefrom.
Termination of Service
Domain The Net may decide at any time to shut down the Website, or to terminate all or part of its domain name registration and renewal services – either permanently or for a limited time period. Domain The Net is under no obligation to personally inform you of its decision, but it will advertise an announcement of its intention to do so on the Website, at least seven days in advance. In such a case, you will have to perform any actions relating to your domain names as will be published in a notice – such as alteration of details or renewal of registration – by directly addressing the relevant registry operators. You will have no claim, demand or action against Domain The Net, its employees, managers or any of its representatives for the termination of service as stated above.
You hereby declare and affirm that you are aware and accept the fact that Domain The Net is the proprietor of the database it manages while operating the Website and the services it provides. All intellectual property rights to the Website and to the domain name registration and renewal services supplied by the Company through the Website – including the patents, copyrights, the samples, the trademarks and the commercial secrets – are the exclusive property of Domain The Net, or the property of third parties from whom Domain The Net has received a lawful user license. These rights also apply to the Website’s graphic design, the Website’s computer code and to any other aspect related to its operation.
You hereby grant the Company – as well as the registry operators of the domain name you have chosen to register or renew – a global license, unlimited by time and free of charge – to use all the details you have submitted while registering your domain names, including the domain names themselves. Included in this is the right to copy your details, distribute them, advertise them, disclose them to the public and publicly display them. However, this right does not extend to details regarding your mode of payment to Domain The Net for the purpose of paying the fees to which Domain The Net is entitled according to this Agreement, and which will not be publicly advertised. Domain The Net has no proprietary rights over these details, except for the rights to utilize them as stated above.
You may not copy, photocopy, distribute, sell, market or translate any information from the Website without receiving the explicit written permission of Domain The Net in advance, and then only under the conditions of any such permission.
You may not obtain any commercial use of the data advertised by the Website or by Domain The Net services, as well as by the Website’s database, its domain name lists or any other details advertised on the Website.
You may not use any of the data advertised on the Website or by the services provided by Domain The Net for the purpose of displaying it on another Internet site, without receiving the advance written permission of Domain The Net, and subject to the terms of any such permission. In this regard, it is forbidden to collect data from the Website or from Domain The Net services by using programs such as “crawlers,” “robots,” etc.
You may not display the Website within an open or concealed frame, and no linksmay be made to pages within it (“Deep Links”), other than to the home page.
You may not display the Website in different design or graphic interfaces from those designed by Domain The Net, without the Company’s advance written permission.
The Website’s name, as well the Website’s domain name, the trademarks on the Website (whether registered or not), the name of Domain The Net and its trademarks – are all the exclusive property of Domain The Net. It is forbidden to utilize these without its advance, written permission.
Changes to this Agreement
Due to the fact that the Internet and the domain name system – including its operation and registration – develop and change at a high rate, and the fact that business experience related to them is gained over time, Domain The Net may periodically alter the terms of this Agreement. These alterations will be carried out, as stated, also for the purpose of adapting the Agreement to the agreements with the registry operators signed by Domain The Net, or for the purpose of adapting it to the changing business circumstances. The new conditions of the Agreement that will be published in the Website will apply to you when they are published and/or immediately upon the renewal of your domain names, or at the time of altering your registration details.
Governing Law, Arbitration and Jurisdiction
This agreement shall be governed solely by the laws of the State of Israel.
The arbitrator is entitled to grant provisional remedies and interim injunctions. Arbitration shall take place in the city of Tel Aviv. The arbitrator shall not be bound by the law of civil procedure but shall be bound by laws of evidence and substantive law. The arbitrator shall be obligated to write a reasoned opinion.
Notwithstanding the aforementioned, should any of the parties to this agreement be sued by a third party, in any legal proceedings whatsoever, the defendant may join with the other party to this agreement as a party to that judicial process, and in such event this arbitration agreement shall not apply.
According to the provisions of the Arbitration Law, 5728 – 1968 jurisdiction shall be that of the courts located in the city of Tel Aviv.
This section constitutes an arbitration agreement between the parties for all intents and purposes.
Subject to and without derogating from the aforementioned, in any matter that does not fall within the jurisdiction of the arbitrator, or any matter in which this arbitration agreement does not apply, for any reason whatsoever, the exclusive jurisdiction shall be that of the competent court in Tel Aviv and the Central Regions in Israel.
These conditions cover everything that has been agreed between you and Domain The Net regarding the ordering of domain names and the renewal of their registration.
Last modified: January 1st., 2014