YorName's Terms and Conditions
The Gist: A summary of what you should know when you purchase your own domain name.
Read This ! You are probably not going to read the full TOS contract, but you are still going to purchase and use your own domain name:
BUY ? RENT ?
• You don’t buy a domain, you rent it, yearly, from an organization called ICANN.
• ICANN does not sell directly, it does use intermediaries like YorName to do so.
• YorName helps you choose, register and manage this domain.
REFUND, TRANSFER ?
• There is no refund possible : ICANN does to let us operate any kind of refund on this kind of purchase.
• The transfer of a domain name from a registrar to another can occur from 1 month after its purchase to 1 month before its renewal date. It is a technical limitation concerning all registrars.
• When you transfer a domain name, you will typically have to pay the registration fee for at least one year.
• You only rarely need to transfer a domain name to use it with a hosting service. There are different settings available to do so.
FREE DOMAIN NAME ?
• A Free domain name for the first year, is usually part of a general paid plan, and is very rarely to your advantage in the following years. Clear abuses from big names in the industry are very common. They call this marketing.
YORNAME AND YOUR DATA ?
YorName does not have access to your credit card number or other banking information, and YorName does not collect such information from users.
YorName will keep only what it is needed to operate and nothing else, for up to 3 years, for accounting purposes. Then we will erase your account from our database.
YorName will protect your data as much as possible. For example, we hide your email address automatically from spammers in the Whois record. We also make a point of not selling your information to data brokers while you are using our service, or at any time.
1. Subject matter of the Agreement
1.1. YorName shall render domain registration (re-registration) services based on Customer's requests, as well as other services in accordance with the Agreement, and the Customer shall accept and pay for YorName's services in accordance with the terms of this Agreement.
1.2. YorName provides registrations of the domain names in accordance with provisions of this agreement, agreements with third parties and technical requirements and regulations of ICANN; as well as other services, in accordance with the agreements, executed with third parties as well as with the exhibits to the current Agreement.
1.3. The following definitions below if written in this Agreement with a capital letter have the following meaning:
1.3.1. ICANN (Internet Corporation for Assigned Names and Numbers) – the Internet corporation (http://www.icann.org/), that takes responsibility for the domain names allocation, the non-profit organization, which was found under the laws of California State (USA) in 1998, in agreement with the United States Department of Commerce.
1.3.2. Policy of ICANN – any and all acting policy (including but not limited to Negotiated or Temporary policies), and also technical requirements, regulations, procedures and/or programs, enacting in accordance with Registrar Accreditation Agreement. In case of any discrepancies between the terms and conditions of this Agreement and any ICANN Policy, the ICANN Policy shall apply.
1.3.3. Registry Operator – non-profit Internet-based organization, that regulates registration and all actions associated with servicing the domain name in a corresponding zone, registered and acting as a subject to current rules and regulations for every particular domain zone.
1.3.4. Registry Operator Regulations – acting versions of registration Rules and terms of conditions for the registration and use of the domain names in a specific zone as well as all the Supplementary Provisions (including but not limited to: regulations, policies, instructions, standards, specifications, procedures and/or practices, etc.), those that were accepted/approved by Registry Operator in a specific domain zone and include the responsibilities and/or requirements of the customers and/or registrars, which are published on the official website of a Registry Operator. In case of any discrepancies between this Agreement terms and those of the Registry Operator Regulations, the Registry Operator Regulations shall apply.
1.3.5. Registry – a centralized database that stores the information on all registered second-level domain names of a specific zone, on their administrators, registrars and other necessary data, and performs the regulated manipulations with such data.
1.4. Second and third level domain names in international zones shall be registered in accordance with Domain Name Registration Rules established by Domain Name Registers or by the Domain Name Registrar in the international zone selected for registration if YorName uses another accredited registrar to register the domain name. For registration of domain names in an international zone a Registrar shall be selected by YorName at YorName's sole discretion from among the companies with which YorName has concluded agreements.
1.5. When the Customer transfers a domain name or other services to YorName from the other Registrar or the Partner of YorName, the acceptance of the present offer will be, in this case, the Customer's order sent to YorName about the transfer of services (EPP code), in the form established by YorName.
1.6. When the rights for administration of a domain name or other services are transferred to the Customer from other person, the acceptance of the present offer will be the Customer's letter, sent to the address of YorName about the reception of services or other established and regulated by YorName action that confirm the will of the Customer to accept the service and/or administrative rights of the domain name , in the form established by YorName.
1.7. If at the time of payment for the registration of a domain name, the Customer has not entered all the necessary data in the User Details Form, the Customer shall firstly read and agree to the terms of the agreement with the Attorney (hereinafter the Agreement). By continuing the use of YorName’s services in the absence of a completed User Details Form, such use may be considered by YorName as an unconditional confirmation (presumption) that (in aggregate) that the Customer has independently read and understood the terms of the above indicated Agreement and does not have any objections to the provisions of this document and shall abide by it in full. The Customer confirms that YorName has the right to rely on the presumption specified in this paragraph in full.
2. General Provisions
2.1. The Customer may act as the Administrator of the domain name registered for him or act on behalf of the third parties and on his own makes all necessary payments to YorName.
2.2. Service for registration of the domain is considered to be rendered from the moment the REGISTERED status assigned to the domain name in a database of YorName.
Domain name delegation is performed on the grounds of possibility to check the contact of the domain name Administrator via the telephone number in the Registry and such telephone number is sms-ready.
2.3. Under the present Agreement the Customer has the right to register any number of domain names.
2.4. Under the present contract the Customer agrees that the domain name Administrator's registration data (full name) will be shown in the public WHOIS service in depersonalized form, that means in the form of status of «Private Person», for those domain zones, for which the concealment of personal data is mandatory.
For the domain names in other areas, for which the concealment of personal data is not mandatorily required by the Rules, Customer's registration data will be available through public WHOIS service.
2.5. All data provided by the Customer during the registration on the web site of YorName at the execution of the Agreement must be true and accurate. In case when the Customer provides inaccurate information, th registration of the Customer’s domain names may be canceled.
2.6. The Customer agrees that the personal data submitted by the Customer to YorName for the purposes of compliance with requirements of Services Regulations, are processed by YorName to the extent necessary for the execution of this Agreement and such processing includes providing access to such private data of the Customer to the authorized employees of YorName. For the purposes of this Agreement, Services Regulations mean fundamental documents of the top-level domain name zones holders as set forth in Clause 1.2 and 1.3.
By the present, the Customer gives its unconditional agreement for the inclusion of its private data by YorName for the provision by YorName of the services, including the preparation and distribution of the information by different means.
The processing of the Customer’s personal data (subject of personal data) means actions (operations) of YorName with personal data that include collection, entry, arrangement, accumulation, storage, elaboration (updating, amendment), addition, extraction, use, distribution (including transfer), depersonalization, suspension, removal of the personal data.
2.7. Hereby the Customer gives its agreement for the personal data provided by the Customer to be stored in the database of YorName for the duration of this Agreement and for the subsequent period of 3 (three) years after its termination.
2.8. Customer gives its agreement for the following personal data to be stored: first and last name, patronymic, date of birth, postal addresses (the address of registration and address for contacts); citizenship; Customer’s main ID number and the information on its issue date and issuing authority; telephone numbers; e-mails. Customer agrees that the following actions (operations) or their combination might be undertaken with its unpersonalized personal data: entry, arrangement, accumulation, storage, elaboration (updating, amendment), addition, extraction, use, distribution (including transfer), depersonalization, suspension, removal of the personal data and its transfer according to Registry Operator Regulations (in particular to registration during Sunrise period in the corresponding domain zone during auctioning to auction organizer), including (but not limited to): ICANN and/or any of its partners or affiliates .
2.9. During process of domain name renewal, the Customer confirms accuracy of data given during registration. Customer bears responsibility for any submission of information which was known to be false, as well as late notification of YorName of data changes.
2.10. YorName is entitled, during the period of registration, in case of any data for any domain name registration is suspected to be inaccurate, to inquire for additional data or require for the confirmation of the information previously submitted by the Customer. Such inquiry is directed to the contact email of the Customer, which was indicated during the registration of the domain name for which such data is suspected to be inaccurate.
2.11. In case, if the Customer within 7 (seven) days from the date when YorName sent first request fails to provide the additional information and/or supporting documents, YorName has the right:
2.12. to reject Customer’s application for registration of a new domain name;
2.12.1. to stop delegation of the Customer’s domains;
2.12.2. to reject Customer’s application for a domain name renewal;
2.12.3. to reject Customer’s request to transfer domain name to another person, as well as the transfer of the domain name to another Registrar.
2.13. In case when any unlawful or abusive actions are detected during a domain name registration, YorName is entitled to cancel any such registration upon a prior notice of the Customer in no more than 10 (ten) business days before such cancellation.
2.14. All above mentioned restriction will be lifted within 3 (three) working days since Customer provides all requested information.
2.15. After the domain name registration service is rendered to the Customer and the domain name entry is added to the registry, funds for the service rendered cannot be refunded to the Customer. The Customer agrees that the service is considered rendered after the domain name registration entry is added to the domain name registry, and shall not be entitled to request a refund from YorName in the event of domain cancellation at the Customer's request or if the Customer refuses the registered domain because he/she wishes to select another domain, and also in the event of cancellation or transfer of administration rights to the domain to another person or entity according to an effective court order. After the domain name renewal service is rendered, also in respect to the domain name in any international zone, if the Customer makes decision to transfer the domain name to the other Registrar, the refund cannot be made.
2.16. When a domain name is to be registered in an international zone, and also when receiving administration rights from another person or changing contact data, the Customer shall be required to confirm the validity and correctness of the e-mail address specified in the registration data, for which purpose a notification with a link for confirmation shall be sent to the Customer from the international registrar. Should the Customer fail to click the link within 14 days after the first notification is sent, the domain name shall be blocked. Further unblocking of the domain shall only be possible after reconfirmation of the email address by the Customer.
2.17. The provision to the Customer of a free SSL-certificate as per conditions of special offers, effective on YorName’s website at the moment of service order is possible only with the guarantee of website existence, or a guarantee that a website will be created and running within a year from the moment of free SSL-certificate acquisition.
In case of a breach of the aforementioned condition by the Customer, YorName has the right to cancel the free SSL-certificate service.
2.18. When acquiring the SSL-certificate, the Customer takes obligation to place on a website, for which the certificate is purchased, the website “trust seal”, SSL-certificate logo in particular.
2.19. In order to insure the implementation of the present Agreement, YorName is entitled to involve, at own expense and risk, third parties under the terms of license agreements, executed with the latter.
2.20. Configuration of the DNS servers can be done by YorName on the basis of an application received in a simple written form or via the main communication channels specified in Section 5 of this Agreement (the email address provided by the Customer when registering on YorName’s website and signing the Agreement) from customer.
3. Obligations of the Parties
3.1. YorName undertakes:
3.1.1. To fulfill the provisions of the present Agreement.
3.1.2. To give consultations concerning registration procedures by e-mail.
3.1.3. To update information in the database of the second-level domain names in the case of a change in the details concerning the domain name registrant.
3.1.4. To undertake all actions depending on him for registration of the domain name chosen by the Customer. However YorName does not guarantee to the Customer that the domain name chosen by him will not be engaged by the third party during bill payment by the Customer and during technical procedures for registration.
3.1.5. YorName is obligated on the basis of requests of the Client to provide services for the renewal of registration for the domain name. The service of domain registration (renewal) is deemed rendered at the moment when the data for such domain name renewal was submitted to the Registry.
3.1.6. In case when YorName enters changes into the Agreement, YorName undertakes to liaise with, and notify the Customer about the changes, and simultaneously publishes the changes on a WEB-server, address http://www.yorname.com/.
3.1.7. Changes inure not less than in 10 (Ten) calendar days from the moment of the notification and publication.
3.1.8. If the Customer agrees with such changes, the present Agreement continues to be valid in view of the specified changes.
3.1.9. In the case of disagreement with the specified changes, the Customer undertakes to notify YorName about it by email.
3.1.10. In the case of receipt by YorName of an official letter from the Customer after changes have come into force, the Agreement is terminated from the date of receipt by YorName of the notice.
3.1.11 YorName shall be entitled to send to the Customer information and other messages, which includes messages related to necessity to extend services and billing as well as informative advertising and corporate messages, over communication channels specified in the Personal Account at YorName's site. Conclusion of this Agreement and the ordering of services shall be considered to be the Customer's consent for receiving such messages. The Customer shall be entitled to unsubscribe from such messages by making the necessary changes to settings in the Personal Account.
3.2. The Customer undertakes:
3.2.1. To act according to the provisions of the present Agreement.
3.2.2. To give trustworthy information necessary for the database of YorName.
3.2.3. To pay for the services given by YorName in due time.
3.2.4. Not to send unauthorized or illegal mass postings of electronic letters (SPAM) with advertising or domain names (or electronic addresses on the basis of domains), registered by the Customer under the given Agreement.
3.2.5. Not to use domains registered under this agreement as addresses for resources containing materials that are contrary to effective legislation or containing unlicensed software, as well as violating the current Domain Registration Rules in the corresponding zone.
1. receipt of notifications and other requests to YorName from the competent authorities that the domain name is used in violation of the rights of third parties;
2. receipt of notifications and other requests to YorName from the competent authorities that information posted on the domain is contrary to the effective legislation;
3. placement of a domain name in the registry of prohibited sites by any competent authority,
YorName has the right to immediately suspend the delegation of the domain.
The resumption of delegation in such cases will be possible only after YorName receives additional notification from the competent authority which lifts the sanctions with respect to the domain.
3.2.6. To provide independent confidentiality of personal credentials (the user login and password to access the database of YorName) and to bear responsibility for all cases of use of his password, including adverse consequences of its loss.
4. Cost of services and the order of payment
4.1. Cost of services is established in EUR or USD depending on the Customer’s location, and defined by tariffs for services.
4.2. Placement of an order constitutes consent of the Customer to pay for the service according to the prices, effective on the date of the beginning of order execution. The Customer agrees to a possible change of the price due to foreign exchange rate fluctuations in cases when the cost of service to be provided to the Customer is directly affected by the exchange rate. In such cases, YorName is not obligated to inform the customer about such Change.
4.3. If the Customer fails to pay for service renewal, YorName has the right to suspend the services of the Customer. Renewal of the services for the Customer is started after payment is made for the specified services.
4.4. If the Customer doesn’t renew the domain name before its expiration date YorName has the right to suspend the domain name delegation, starting from its expiration date. Since that, all http-requests to the web site will be redirected to the Customer’s page with notification about not rendering of the service. Renewal of the rendering of services to the Customer is started within 2 (two) working days after payment is made for the domain delegation.
4.5. If the Customer chooses to pay for services via a payment system which sets an additional fee aside from YorName's service fee, the latter shall be entitled to pass this fee on to the Customer by specifying in doing so the total invoice cost at the payment and debit stage. Transfer of funds according to such invoice by the Customer shall be the Customer's unconditional consent to pay the service fee in the specified amount. Subsequently the Customer shall not be entitled to request any compensation for such invoice from YorName relating to the payment of this invoice.
5. Correspondence of the Parties
All correspondence with the parties shall be done by e-mail:
Messages to YorName shall be sent to firstname.lastname@example.org.
Messages to the Customer shall be sent to the e-mail address provided by the Customer in the course of his or her registration in YorName or later.
6. Liability of the Parties
6.1. For default or inadequate execution of obligations under the present Agreement, the Parties bear responsibility stipulated by the current legislation of the Kingdom of Thailand, in view of conditions established by the present Agreement.
6.2. The Customer bears responsibility for the reliability of necessary information given for execution of the Agreement and its timely provision.
6.3. In case of default by the Customer of the obligations specified in items 3.2.1-3.2.5 of the present Agreement, YorName has the right to refuse rendering services to the Customer.
6.4. When ordering the services for registration/renewal of the domain names in the international domain zones, YorName is not liable for the impossibility of rendering such service for of no fault of YorName, including the cases when registration/renewal is impossible due to the fault of international domain name Registry or the registry of the particular domain zone. YorName is not liable for the impossibility of the domain name Administrator’s personal data protection in the public WHOIS service by means of applying “Private Person” status, if the registry of such domain zone is not supported or the international registrar through which YorName performs domain name registrations in the particular domain zone does not offer such service. The Customer is not entitled to demand any indemnification for the availability of any of the Customers data in the public WHOIS service.
6.5. YorName does not bear any responsibility for information provided by Customer on his registered domain.
6.6. YorName does not bear any responsibility for content of “descr” field (domain description), which is filled on Custom