Domain Name Registration Agreement

The Domain Name Registration Agreement ("Agreement") is an agreement by and between Gressing, LLC ("Gressing"), a North Carolina-headquartered Corporation and you, where “you” includes you, your heirs, your agents, your successors, your designees, and your assigns.

1. Acceptance of Agreement
Using Gressing Domain Name Registration and related services (“Services”) constitutes acceptance of the Domain Name Registration Agreement and the Terms, including all policies and documents referenced or linked herein. Additionally, you further agree to all terms and conditions of the UDRP (Uniform Domain-Name Dispute-Resolution Policy) and the rules, policies, and/or agreements published which may be enforced by ICANN (Internet Corporation for Assigned Names and Numbers), the registries, and governments.

2. Fees
Payment for domain names are due and collected immediately. Payments are non-refundable.

If you select Automatic Renewal of the Service(s), you agree to pay, prior to the effectiveness of the desired Service(s), the applicable Service(s) fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled, or transferred prior to the end of your then-current registration term. At the sole discretion of Gressing, Gressing may require that you pay fees through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to another.

3. Domain Name Infringement
Gressing does not investigate to determine if the domain name(s) you register, or the use you make of the domain name(s), infringe upon the legal rights of others.

You are responsible for determining if the domain name(s) you select or use infringes upon the legal rights of others.

Gressing may be court-ordered to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your account and to communicate with litigants, potential litigants, and governmental authorities.

Gressing is not responsible for forwarding court orders or other communications to you.

Gressing will cooperate with law enforcement, industry-governing bodies, and legal policies regulating use and administration of Services.

Gressing expressly reserves the right to deny, cancel or transfer any domain name registration that it deems necessary, in its sole discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Gressing, as well as its affiliates, subsidiaries, officers, directors and employees. Gressing also reserves the right to freeze a domain name during resolution of a dispute.

4. Dispute Resolution Policy
You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time. You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by the third party.

You also agree that, in the event a domain name dispute arises with any third party, you agree to defend, indemnify and hold harmless Gressing and its contractors, agents, employees, officers, directors, shareholders, subsidiaries, affiliates, successors, assigns, service providers, registrants, and suppliers pursuant to the terms and conditions of the UDRP.

You also understand that it is important for you to regularly monitor email sent to the email address associated with your account and domain names because, among other reasons, if a dispute arises regarding Services provided to you, you may lose your rights to receive the Services if you do not respond expeditiously to an email sent in conjunction therewith.

5. Expiration and Renewal* of Service(s)
You acknowledge that it is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. As a convenience to you, and not as a binding commitment, Gressing or its agent may notify you via an email message or via your account when renewal fees are due. Should these fees go unpaid, your Services will expire or be cancelled.

You acknowledge that it is your responsibility to keep your billing information up to date and that Gressing is not required to, but that Gressing may, contact you to update this information in the event that an attempted transaction is not processed successfully.

*Note: For certain TLDs, the automatic renewal option is not available

6. Account Contact and Domain Name Whois Information
As further consideration for the Service(s), you agree to provide certain current, complete and accurate information about you, both with respect to your account information and with respect to the WHOIS information for your domain name(s).

You agree to maintain and update this information as needed to keep it current, complete and accurate. With respect to you, the administrative, technical, and billing contacts for your domain name registration(s) and other Service(s), you must submit the following: name, postal address, e-mail address, voice telephone number, and where available, fax number. You agree that the type of information you are required to provide may change and you understand that, if you do not provide the newly required information, your registration or and/or other Service(s) may be suspended or terminated or may not be renewed.

Not providing requested information may prevent you from obtaining all Service(s). You may provide information regarding the name-servers assigned to your domain name(s) and, if Gressing or its agents are providing name-server services to you, the DNS settings for the domain name. If you do not provide complete name-server information, or if you purchase "Name Only" Services, you agree that Gressing or its agent may supply this information (and point your domain name to a website of Gressing’s choosing) until such time as you elect to supply the name-server information or until such time as you elect to upgrade from "Name Only" Services.

7. Your Account And Whois Contact Information
In the event that, in registering a domain name or obtaining other Service(s), you provide information about or on behalf of a third party, you represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained the third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. By registering a domain name or applying for other Service(s) you also represent that the statements in your application are true and you also represent that the domain name is not being registered or the Services being procured for any unlawful purpose. You acknowledge that providing inaccurate information or failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Services to you. You further agree that your failure to respond for over five (5) calendar days to inquiries by Gressing concerning the accuracy of account and WHOIS contact information shall constitute a material breach of this Agreement and will be sufficient basis for suspension or termination of Service(s) to you. As indicated elsewhere in this Agreement, you understand that it is important for you to regularly monitor email sent to the email address associated with your account and WHOIS contact information because, among other reasons, if a dispute arises regarding a domain name(s) or other Service(s), you may loose your rights to the domain name(s) or your right to receive the Service(s) if you do not respond appropriately to an email sent in conjunction therewith.

8. Account Access
To change any of your account or domain name WHOIS information, you must access your account. It is your responsibility to safeguard your account login identifier and password from any unauthorized use.

You agree that any person in possession of your account login identifier and password will have the ability and your authorization to modify your account and domain name information. Gressing will take reasonable precautions to protect the information Gressing obtains from you from loss, misuse, unauthorized access or disclosure, alteration or destruction of that information and that such reasonable precautions include procedures for releasing account access information to parties who claim to have lost account access information.

You agree that, if Gressing takes reasonable precautions in relation thereto, that in no event shall Gressing be liable if such reasonable precautions do not prevent the unauthorized use or misuse of your account identifier or password and that, even if Gressing fails to take reasonable precautions, that our liability under any circumstances shall be limited by the limitation of liability detailed in the universal Terms of Agreement, including all policies and documents referenced or linked therein.

If you contact Gressing alleging that a third party has unauthorized access to your account or domain names, you agree that Gressing may charge you administrative fees of $250.00 (US dollars) per hour, billed in total 1-hour blocks of time for each minute into an hour, for our time spent in relation to the matter, regardless of whether or not Gressing returns control over the account and/or domain names to you.

9. Transfers
You agree that transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, as this policy may be modified from time to time. You agree that Gressing or its agent may place a "Registrar Lock" on your domain name services and that this will prevent your domain name services from being transferred without your authorization, though Gressing is not required to do so. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed. To transfer your domain name(s) you should first login to your account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is required to transfer domain services in an EPP registry (such as .org).

Only the registrant and the administrative contacts listed in the WHOIS information may approve or deny a transfer request.

Without limitation, domain name services may not be transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due.

Gressing will follow the procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. Transfer requests typically take fourteen (14) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire in which event you may need to reinstate the transfer request. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. As a consequence, you acknowledge that you assume all risk for failure of a transfer if the transfer process is initiated close to the end of a registration term.

10. Domain Name Registration Information
You agree and consent that Gressing or its agent will make available the domain name registration information you provide or that Gressing or its agent otherwise maintains to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of such information. Additionally, you acknowledge that ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and type of information that Gressing or its agent may or must make available to the public or to private entities, and the manner in which such information is made available. Information regarding ICANN's guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html. You agree that Gressing or its agent may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws. One of the ways that Gressing may make some or all of the information you provide available to the public or third parties is by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with Gressing or its agents.

11. Agents and Licenses
You agree that, if you are registering a domain name for or on behalf of someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein. You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.

12. After Expiration Of The Term Of A Domain Name Registration
Immediately after the expiration of the term of domain name registration services and before deletion of the domain name in the applicable registry's database, you acknowledge that Gressing or its agent may direct the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP address(es) which host a parking page or a commercial search engine that may display advertisements, and you acknowledge that Gressing or its agent may either leave your WHOIS information intact or that Gressing or its agent 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.

Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration services, you acknowledge that Gressing or its agent may provide a procedure by which expired domain name registration services may be renewed. You acknowledge and agree that Gressing may, but are not obligated to, offer this process, called the "reactivation period." You acknowledge that you assume all risks and all consequences if you wait until close to or after the expiration of the original term of domain name registration services to attempt to renew the domain name registration services. You acknowledge that Gressing, for any reason and in our sole discretion, may choose not to offer a reactivation period and that Gressing shall not be liable therefore. You acknowledge that reactivation period renewal processes, if any, may involve additional fees. You acknowledge and agree that Gressing or its agent may make expired domain name services(s) available to third parties, that Gressing or its agent may auction off the rights to expired domain name services (the auction beginning close to the end or after the end of the reactivation period), and/or that expired domain name registration services may be re-registered to any party at any time.

After the reactivation period, you agree that Gressing or its agent may either (i) discontinue the domain name registration services at any time thereafter, (ii) that Gressing or its agent may pay the registry's registration fee or otherwise provide for the registration services to be continued, or, (iii) if Gressing or its agent auctioned the domain name services to a third party, that Gressing or its agent may transfer the domain name registration services to such third party.

In the case of (i), above, you acknowledge that certain registry administrators may provide procedures by which discontinued domain name registration services may nonetheless be renewed. You acknowledge and agree that Gressing or its agent may, but are not obligated to, participate in this process, typically called the "Redemption Grace Period" ("RGP"). You acknowledge that Gressing, for any reason and in our sole discretion, may choose not to participate in the RGP process with respect to any or all of your domain name registration services and that Gressing shall not be liable therefore. If available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name services, as the reactivation period applied to you. The typical RGP fee is $160 plus any registration fees, administrative fees, and Gressing-imposed fees. You agree that Gressing is not obliged to contact you to alert you that the domain name registration services are being discontinued. You agree that Gressing may charge additional fees, well above the typical RGP fee.

In the case of (ii), above, you acknowledge that Gressing may then set the name-servers and the DNS settings for the domain name services, that Gressing or its agent set the DNS to point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may display paid advertisements, and you acknowledge that Gressing or its agent 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. You acknowledge that Gressing or its agent does not have to pay you any of the proceeds, if any, Gressing or its agent may earn as a result. You agree that Gressing is not obliged to contact you to alert you that the domain name registration services are being continued. In this case, the domain name will be designated as being in the extended redemption grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration term, complete management of the domain name services, including the right to control the DNS settings, provided that you pay the requested fee (US dollars) plus any registration fees and Gressing-imposed fees. After the end of the 120-day period, if you do not exercise your rights under this provision, you agree that you have abandoned the domain name services, and relinquish all rights and use of the domain name services.

In the case of (iii), above, the third party who won the auction for the domain name services will control the domain name services, including control over the WHOIS information and the DNS settings. You may recover the domain name registration services for a period of up to 42 days after the end of the reactivation period, as such reactivation period applied to you. You agree that Gressing is not obliged to contact you to alert you that the domain name registration services are or were auctioned. You acknowledge that Gressing does not have to pay you any of the proceeds, if any, Gressing may earn as a result of such an auction. To exercise your rights to recover auctioned domain name services, you must contact Gressing and provide Gressing with a certified letter addressed to "Expiration Recovery" and including documents setting forth your identity and address, which identity and address must be the same as that of the registrant as it was listed in the WHOIS information for the domain name services prior to expiration, a copy of a commonly accepted (in the United States) picture ID (such as a drivers license or passport) which supports your identity and address claim, a front and back photocopy of your credit card and you must sign a statement authorizing payment of the reinstatement fee to such credit card, which is a minimum of $160 (not including registration fees, administration fees, and Gressing-imposed fees). In doing so, you must provide Gressing or its agents with sufficient time to allow receipt and evaluation of your documents and to contact the auction winner prior to the end of 30 days after the end of the reactivation period of the domain name services.

13. Notices
You agree that any notices required to be given under this Agreement by Gressing to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided.

14. General
Gressing universal Terms of Use, this Agreement and the UDRP, together with all modifications, all documents linked or referenced herein, and Enom’s Terms of Agreements, constitute the complete and exclusive agreement between you and Gressing, and supersede and govern all prior proposals, agreements, or other communications. In the event of a conflict or contradiction between Gressing’s Terms and Enom’s Terms, where permissible by law, and where preferred by Gressing, Gressing’s Terms are binding.

Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Gressing to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Gressing of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Gressing will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Gressing.

15. Additional Registry Requirements
You are bound by any other additional contractual requirements related to a TLD should you desire to register or have a domain name registered.

16. Modifications to Domain Name Registration Agreement
Gressing reserves the right to revise its policies at any time without notice.