spacer
directNIC.com domain name registrations
Username:   Password:   
Need to create an account?    Forgot Password?
Legal Documents
Terms Of Service
UDRP Policy
Need Help?
FAQ
Trouble Ticket System
Resource Center
Guides
Terms Of Service

Rev. 2012-02-21

Printable Version

  1. DEFINITIONS
  2. INTRODUCTION
  3. PRIVACY
  4. NO THIRD PARTY BENEFICIARIES
  5. NO REFUNDS/CHARGEBACKS
  6. FEES
  7. DIRECTNIC CREDITS
  8. SPAMMING
  9. CONTENT OBTAINED WITHOUT RELIABLE CONSENT
  10. LIMITATION OF LIABILITY
  11. DISCLAIMER OF WARRANTIES
  12. INDEMNITY
  13. REPRESENTATIONS AND WARRANTIES
  14. BREACH AND REVOCATION; NOTICE OF CANCELLATION
  15. GOVERNING LAW
  16. DISPUTE FEES AND COSTS
  17. EXCLUSIVE VENUE
  18. SEVERABILITY
  19. DOMAIN NAME REGISTRATIONS
  20. PRE-REGISTRATIONS
  21. PREMIUM DOMAINS
  22. HOSTING
  23. DOMAIN NAME RENEWALS BY THIRD PARTIES
  24. DOMAIN NAME TRANSFERS BETWEEN REGISTRARS
  25. DOMAIN NAME TRANSFERS BETWEEN DIRECTNIC ACCOUNTS
  26. PAID HOSTING
  27. EMAIL SERVICE
  28. OLD POLICY AND DISCLAIMER FOR REGISTRATIONS FROM 03/17/00 TO 04/10/01
  1. DEFINITIONS.
    1. "Account Holder" means the person listed as the holder of a directNIC account.
    2. "Administrative Contact " means the person listed as administrative contact for the domain name under their current registrar's or applicable registry's publicly accessible WHOIS service.
    3. "Affiliate Site" means the web site at which you apply to establish hyperlinks to directNIC, regardless of our ultimate acceptance or rejection of your application.
    4. "Affiliate Trademarks" means your company name and logo, as the same may be amended from time to time, if you are at our affiliate program.
    5. "Agreement" means the most current version of this agreement between us and you.
    6. "Auction Sale" means the auction and resulting sale of an Expired Domain Name.
    7. "Content" means all information, data, text, software, music, sound, photographs, graphics, video, messages or other materials, whether publicly posted or privately transmitted.
    8. "Direct Sale" means a sale of an Expired Domain Name by us to a third party.
    9. "directNIC" means our site at http://directnic.com, which provides you with access to our Services and System. directNIC shall also mean the trade name of DNC Holdings, Inc., which is the company that holds the ICANN accreditation.
    10. "directNIC Credits" means electronic credits representing the advance purchase of future Services. directNIC Credits expire if you do not use them within three years from their issue date.
    11. "Email Service" means all email services we provide.
    12. "Expired Domain Name" means a domain name for which the term of the purchased domain name registration services has expired.
    13. "FAQ" means our answers to frequently asked questions.
    14. "Gaining Registrar" means the registrar that is gaining a domain name in a transfer process.
    15. "ICANN" means the Internet Corporation for Assigned Names and Numbers. ICANN is one of our affiliates. More information can be found at ICANN.
    16. "ICANN Agreement" means the accreditation agreement between us and ICANN.
    17. "ICANN Dispute Policy" means the dispute policy that ICANN requires all registrants to follow. The ICANN Dispute Policy is incorporated into this Agreement by reference and can be found at http://www.directnic.com/legal/udrp.php.
    18. "Licensed Materials" means our logos, trade names, trademarks and similar identifying material relating to us.
    19. "Net Proceeds" means the total fees paid less any registry fees, credit card charge-backs, processing and check fees, and other costs and fees associated with the particular transaction.
    20. "Redemption Grace Period" means the 30 day period, commencing after we have released the domain name, in which expired domain names can be retrieved.
    21. "Referral" means any individuals referred by you to us
    22. "Registrant" means the person listed as registrant for the domain name under their current registrar's or applicable registry's publicly accessible WHOIS service.
    23. "Services" means all of the various services we offer.
    24. "System" means all of our software and hardware.
    25. "Third Party Registrar" means an ICANN accredited domain name registrar other than us.
    26. "Transfer Contact" means either one or more of the following: the Account Holder, the Registrant, the Administrative Contact of a registered domain name, as listed in the losing registrar's or applicable registry's (where available) publicly accessible WHOIS service, when applicable.
    27. "We," "us," and "our" means either directNIC or DNC Holdings, Inc. We are an ICANN accredited registrar of domain names pursuant to the ICANN Agreement.
    28. "You," "your," and "yourself" means any person or entity that purchases or otherwise uses our Services or System, as well as their agents, assigns, and successors.
  2. INTRODUCTION.
    1. Any questions that our Help Section does not answer can be directed to support@directNIC.com.
    2. This Agreement:
      1. constitutes the complete and sole agreement between us and you;
      2. supersedes any and all prior agreements, whether written or oral, between us and you;
      3. establishes the terms and conditions of your use at any given time of any of our Services or System;
      4. explains the obligations and rights arising from your purchase and/or use of any of our Services or System;
      5. takes effect upon your purchase and/or first use of any of our Services or System; and
      6. shall not terminate except as provided for herein.
    3. As a condition of your use of any of our Services or System, you must first read and agree to be bound by all of the terms and conditions of the most current version of this Agreement.
    4. As a condition of your use of any of our Services or System, you must have adequate legal capacity to enter into binding agreements such as this Agreement.
    5. No portion of this Agreement may be amended or modified by you except by means of a written document signed by us.
    6. We may regularly update, amend, revise, supplement and modify this Agreement and our policies and operating procedures for any reason we or our affiliates deem appropriate and the changes shall take immediate effect upon their being posted on directNIC.
      1. You are responsible for regularly reviewing this Agreement.
      2. You may not use our Services or System unless you agree to comply with directNIC's terms of service as set forth in this Agreement and updated from time to time. Should you decline to be bound by any new or recently changed provision of this Agreement, you must immediately discontinue any and all further use by you of our Services or System.
      3. Your continued use of any of our Services or System shall constitute an irrefutable expression of your consent to comply with and be bound by this Agreement.
    7. No rights or obligations arising under this Agreement may be assigned by you to anyone else without our advance, written permission.
    8. Nothing contained in this Agreement shall be construed as creating any agency, partnership, joint venture, employee-employer, franchisor-franchisee, joint enterprise, or other form of relationship between you and us.
    9. Our failure to require your performance of any provision hereof shall not affect the right to require such performance thereafter, nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
    10. Should we determine, at our sole discretion, that you have violated any provisions of this Agreement or applicable laws, we may, with no notice to you:
      1. immediately terminate your accounts;
      2. use your account and personal information to collect all pending and applicable fees and other amounts due and cooperate with law enforcement and any other appropriate authorities and organizations;
      3. charge you for all administrative costs in connection with any violation by you of any provision of this Agreement; and
      4. bring legal action to enjoin violations and/or to collect damages, if any, caused by violations of this Agreement.
    11. Notices. Except as otherwise specifically stated herein, you agree that:
      1. all notices from us to you shall be delivered by posting such notices on directNIC and shall be deemed delivered and effective five (5) calendar days after such posting and
      2. all notices from you to us shall be:
        1. by e-mail to our appropriate e-mail address as specified on directNIC, and shall be deemed delivered when received by e-mail or
        2. in writing and delivered by courier or registered mail to:

          DNC, Holdings, Inc.
          3500 N. Causeway Blvd., Suite 160
          Metairie, LA 70002

        1. and shall only be deemed delivered once they arrive at our office.
    1. The foregoing, notwithstanding, you understand and agree that any e-mails received by us from any e-mail address provided to us or set forth as a contact address (whether billing, technical or administrative) with respect to your domain name shall be deemed to have been sent by you or your duly authorized agent having the actual and apparent authority to act to bind you.
  1. PRIVACY. We are firmly committed to privacy. Our use of your personal information is regulated as follows:
    1. IP Address. We use your IP address to help diagnose problems with our servers and to administer directNIC. We use cookies to save your password so you do not have to re-enter it each time you visit directNIC.
    2. Registration Data. Our registration form requires you to provide contact information such as name and email address. We use contact information from the registration form to send you information about us and contact you when necessary. If you prefer to not receive most of our future mailings; see the choice/opt-out section below.
    3. Hyperlinks. directNIC may contain hyperlinks to other sites. We are not responsible for the privacy practices or the content of such third-party sites.
    4. Financial Information. directNIC uses an online ordering system that enables you to register domain names online, as well as access other services we offer. We collect your financial information such as account and/or credit card numbers for the sole purpose of billing you for the Services you purchase.
    5. Cookies. We may permit an ad company to display ads on directNIC that may contain cookies. While we do use cookies in other parts of directNIC, cookies received with banner ads are collected by an advertising company. That advertising company, and not us, has exclusive control of and access to the information it collects.
    6. Public Forums. We may offer you chat rooms, forums, message boards, and/or news groups as available. Please remember that any information that is disclosed in these areas becomes public information, and you should exercise caution when deciding to disclose any personal information.
    7. Security. We follow security measures to protect the loss, misuse, or alteration of the personal information under our control. Any credit card or other sensitive information you enter is transmitted via SSL, a very strong encryption technology, which is the Internet standard for safety and security.
    8. Permitted Disclosures. We may disclose personal information about you to third parties when the disclosures have been specifically authorized by you or when we believe, in good faith, that such disclosures are reasonably necessary to comply with any applicable law, dispute resolution process, or to comply with or enforce this Agreement.
    9. Choice/Opt-Out. When we first request information from you, we provide you with an opportunity to opt-out of receiving certain communications from us and our affiliates. We also give you an opportunity to remove your information from our database and to decline future communications or to cancel any of our offered Services. Please visit http://www.directnic.com/help/optout.php for more information.
    10. Corrections/Updates. You are obligated to update your information and we provide you options at directNIC for changing and modifying information previously provided. Please visit http://www.directnic.com/myaccount/ for more information.
    11. Contact Person. If you have any questions about our privacy policy, our practices, or your dealings with us, you can contact:

DNC Holdings, Inc.
3500 N. Causeway Blvd.
Suite 160
Metairie, LA 70002

Phone number: 504-355-0081

  1. NO THIRD PARTY BENEFICIARIES. Under no circumstances shall this Agreement be construed as conferring any third-party beneficiary rights to any non-party to this Agreement.
  2. NO REFUNDS/CHARGEBACKS.
    1. All orders, sales, purchases, rents, time-frames, and terms for any of our Services are final.
    2. We are not required to provide any refunds, returns, allowances, or credits issued for any Services purchased by you.
    3. You agree that you will not chargeback any amounts previously charged to your credit card by us.
    4. If you chargeback a credit card charge for a payment initiated by you, you agree that we may, at any time and at our sole discretion:
      1. recover the amount of the chargeback, as well as the chargeback fee by any means we deem necessary,
      2. deny you further access to your account until payment is made; and
      3. terminate your accounts.
  3. FEES. We may change our fees at any time, and the new fees will take effect immediately after they are posted on directNIC.
  4. DIRECTNIC CREDITS.
    1. At our sole discretion, we may offer you directNIC Credits.
    2. You understand, acknowledge, and agree that:
      1. all directNIC Credits automatically expire if they have not been used within three years after their issue date and
      2. directNIC Credits may only be used to acquire our Services and cannot be redeemed for real currency under any circumstances.
  5. SPAMMING .
    1. You agree that you will not engage in any abusive spamming practices-e.g., transmitting unsolicited, commercial e-mail.
    2. Please be aware that we have a network of contacts with major Internet Service Providers in place, and you are likely to be caught if you spam.
    3. Should we determine that you have engaged in any abusive spamming practices, you agree:
      1. that we may, at our sole discretion, publish your name, contact information, and I.P. address along with full header and any other information related to your spamming activities;
      2. to pay us all actual damages that can be reasonably calculated;
      3. if actual damages cannot be reasonably calculated by us because damages are often difficult to quantify, you agree to pay us liquidated damages of five U.S. dollars (US$5.00) for each item of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account;
      4. we may collect an administrative fee of up to $75.00 per hour payable immediately if our customer support or legal departments are required to be involved; and
      5. that we may charge such damages to any of your accounts or credit cards used by you to purchase any of our Services.
  6. CONTENT OBTAINED WITHOUT RELIABLE CONSENT.
    1. You agree that if we determine that your use of our Services or System is in any way connected or affiliated with the display, promotion, or dissemination of content obtained without reliable consent from each participant-e.g., sexual or nude images involving children under the age of 18, bestiality, murder, rape-we may charge your account a penalty in the amount of US $1,000.00 for every domain name in violation of this section. You further agree that we may collect these penalties by any means we deem necessary, including but not limited to charging any credit card you have on file with us or auctioning your domains.
    2. You agree that we reserve the right to immediately discontinue your use of our Services or System and seize control of your account(s) and all domain names within your account(s) immediately and without notice to you upon a determination that you have violated this section. You further agree that if you fail to pay us any penalties assessed under this section, we may auction off any and all of the domain names within your account(s) to satisfy your debt to us.
    3. You agree that we may take all necessary steps to investigate, document, and report any findings that you have violated this section, including but not limited to disclosing your account information to any and all appropriate law enforcement agencies.
  7. LIMITATION OF LIABILITY.
    1. You agree that we will not be liable to you or any other person for any loss that may occur due to:
      1. any act or omission of you or your agent, whether authorized or unauthorized;
      2. any loss of registration of any domain name;
      3. the use of or inability to use your domain name or username or password;
      4. access delays or access interruptions to our registration system;
      5. the non-delivery or erroneous delivery of data between us and you or any other person;
      6. events beyond our control;
      7. the processing of any domain name registration;
      8. the processing of any modification to the record associated with your domain name;
      9. the failure of you to pay any fees hereunder;
      10. the application of the ICANN Dispute Policy.
    2. Our Services and System are provided for informational purposes only, and no Content included on directNIC is intended for trading or investing purposes. We shall not be responsible or liable for the accuracy, usefulness, or availability of any information transmitted via our Services or System and shall not be responsible or liable for any trading or investment decisions made based on such information.
    3. We will not be liable for any direct, indirect, special, incidental, or consequential, or exemplary damages of any kind, including lost profits, goodwill, use, data or other intangible losses regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages.
    4. Under no circumstances shall we be liable for any delay or failure in performance under this Agreement resulting directly or indirectly from acts of nature, forces, or causes beyond our reasonable control including, without limitation: Internet failures, computer equipment failures, telecommunication equipment failures, other equipment failures, electrical power failures, strikes, labor disputers, riots, insurrections, civil disturbances, shortages of labor or materials, fires, floods, storms, explosions, acts of God, war, governmental actions, orders of domestic or foreign courts or tribunals, non-performance of third parties, or loss of or fluctuations in heat, light, or air conditioning.
    5. In no event shall our maximum liability exceed the total of any amounts paid by you to us.
    6. Some jurisdictions do not allow the limitation or exclusion of liability for incidental or consequential damages, so some of the limitations provided in this Agreement may not apply to you. To the extent applicable state law does not allow the limitation of liability for consequential or incidental damages, our liability is limited to the maximum extent permitted by law.
  8. DISCLAIMER OF WARRANTIES . With regard to directNIC and our Services and System:
    1. We expressly disclaim all warranties, express or implied, including, but not limited to, the implied warranties of merchantability and fitness for a particular purpose, informational content and non-infringement.
    2. We do not warrant that:
      1. the functions contained will meet your requirements; or
      2. that their operation will be uninterrupted, timely, or error free; or
      3. defects will be corrected.
    3. We do not warrant nor make any representations regarding the use or the results in terms of their correctness, accuracy, reliability or otherwise.
    4. You further agree that:
      1. your use is at your sole risk;
      2. we provide our Services and System to you on an "as-is" and "as-available" basis; and
      3. your use of our Services and System is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from any downloads from them.
    5. Neither we nor any of our directors, officers, employees or agents shall have any liability to you for any failure or delay to maintain or provide them to you.
    6. No advice or information, whether oral or written, obtained by you from them or otherwise from us shall create any warranty not expressly stated in this Agreement.
    7. Some jurisdictions do not allow the exclusion of certain warranties, so some of the above exclusions provided in this Agreement may not apply to you.
  9. INDEMNITY . You agree to defend, indemnify and hold us and any applicable domain name registry and the shareholders, directors, officers, employees, affiliates and agents of us and them, harmless from and against any and all liabilities, losses, damages or costs, including all attorneys' fees, collection fees and court costs, resulting from any claim, action, proceeding, suit or demand arising out of or related to:
    1. Your use of our Services or System;
    2. Any domain name registered by you or the transfer or use thereof;
    3. Any dispute concerning a domain name;
    4. Your breach of any part of this Agreement;
    5. Any cancellation, suspension or transfer of any domain name in accordance with this Agreement; or
    6. Infringement of any trademark, copyright, or other claim of any kind based upon the registration or other use of a domain name in accordance with this Agreement.
  10. REPRESENTATIONS AND WARRANTIES .
    1. You represent and warrant that:
      1. you will keep all information provided by you in connection with our Services complete, reliable, and accurate at all times;
      2. each time you register a domain name that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party, and that the domain name is not being registered, used or facilitated for any unlawful purpose; and
      3. in applying for a domain name, the registration is not made in bad faith and that the domain name does not conflict with another domain name or any rights of anyone other than you.
    2. We make no representations or warranties of any kind in connection with this Agreement. Specifically but without limitation, we do not represent or warrant that registration of your domain name will immunize you from challenges to your domain name.
  11. BREACH AND REVOCATION ; NOTICE OF CANCELLATION.
    1. Except as otherwise specified in this Agreement, any breach by you of this Agreement or the ICANN Dispute Policy must be remedied by you within five (5) calendar days following e-mail notice by us.
    2. Such notice shall be deemed delivered when sent to the e-mail address then on record for your administrative contact in the WHOIS directory.
    3. If you fail to cure the breach within such period, we will have no further obligation to you and may terminate this Agreement, cancel your domain name registrations, transfer such domain names to another person or entity, and/or seek any other remedy available at law or in equity including but not limited to obtaining an injunction or specific performance.
    4. Except as otherwise specified in this Agreement, notice of revocations, suspensions, transfers, or cancellations of your domain names by us pursuant to this Agreement will usually be provided to you within fifteen (15) business days following the taking of such action.
    5. In the event that you breach any provision of this Agreement, you agree that we may terminate your use of our Services and System.
    6. In the event such a breach occurs by you, we may post a page from your domain name stating that you have violated our terms and conditions of service.
    7. In the event we determine that you have or continue to violate this Agreement:
      1. We reserve the right to prosecute civil and/or criminal actions against you for any abusive behavior you engage in regarding your use of our Services and System; and
      2. You will also be subject to legal, administrative, and technical fees in a reasonable amount for damages incurred by us for any violations of this Agreement and you hereby authorize us to charge these fees to your credit card.
  12. GOVERNING LAW . This Agreement shall be governed by the laws ofthe State of Louisiana, without regard to any conflict of laws provisions.
  13. DISPUTE FEES AND COSTS. In the event it is necessary to refer any dispute to an attorney, collection agency, or have it resolved in a formal proceeding, the prevailing party will be entitled to an award of reasonable attorneys' fees, collection fees, and all costs associated with any formal proceedings, regardless of whether suit is eventually filed.
  14. EXCLUSIVE VENUE .
    1. Actions Involving Us. Any actions relating to or arising out of this Agreement or any use of our Services or System that include us as a party shall be brought exclusively in the courts of the State of Louisiana, and you consent to the exercise of personal jurisdiction over you by these courts in all such actions.
    2. Actions Not Involving Us. You agree that you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2) the State of Louisiana.
  15. SEVERABILITY . In the event that one or more provisions of this Agreement is deemed unenforceable or invalid, the unaffected provisions of this Agreement shall continue in effect, and the unenforceable or invalid provisions shall be amended or replaced by us with a provision that is valid and enforceable and which achieves, to the greatest extent possible, the objectives and intent of the original provisions.
  16. DOMAIN NAME REGISTRATIONS .
    1. Fees.
      1. As cause and consideration for our providing domain name registration services, you understand that your obligation to becomes final and non-revocable upon activation of the registration and you further agree to pay in US dollars all initial registration fees and applicable renewal fees with respect to each domain name registered at the time of registration or renewal.
      2. If, for any reason, you fail to pay any initial fees or renewal fees when due, we may immediately cancel all domain names for which payment was not received, without any notice to you.
    2. Dispute Policy. You agree to be bound by the ICANN Dispute Policy, which is incorporated into this Agreement by reference and can be found at http://www.directnic.com/legal/udrp.php.
      1. Any disputes regarding the right to use any of your domain names shall be subject to the Dispute Policy.
      2. We may modify the Dispute Policy at any time and at our sole discretion in accordance with the ICANN Agreement or other ICANN policy.
      3. Your continued use of our domain name registration services, after any changes to the ICANN Dispute Policy take effect, constitutes your acceptance of those changes.
    3. Registration Data. As part of the registration process, you are required to provide us with certain information and to promptly correct and update this information during the term of the domain name's registration in order to keep it current, complete, reliable, and accurate.
      1. This information includes:
        1. Your full name, postal address, e-mail address, voice telephone number, and fax number if available;
        2. The name of an authorized person for contact purposes if you are an organization, association, or corporation;
        3. The IP addresses of the primary name server and any secondary name servers for the domain name;
        4. The corresponding names of those name servers;
        5. The full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
        6. The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
        7. The name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name.
      2. You agree to notify DNC Holdings, Inc. within five (5) business days when any of the information you provided as part of the domain name application and/or registration process changes. It is your responsibility to keep this information in a current and accurate status. Failure by you, for whatever reason, to provide DNC Holdings, Inc. with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement. Your willful provision of inaccurate or unreliable information, your willful failure to promptly update information provided to us, or your failure to respond for over fifteen (15) calendar days to our inquiries concerning the accuracy of contact details associated with any account or the registration of any domain name registered by or through you or your account, shall constitute a breach of this Agreement and a basis for cancellation of the account or domain registration. We may address our inquiries to you to the e-mail address of the administrative, billing or technical contact then appearing in the WHOIS directory for the relevant domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.
      3. We may assume that anyone with your username and password is fully authorized by you to have access to your accounts and information. You are solely responsible for the confidentiality and use of your username and password. You agree that in the event your username or password is transmitted to a third party through no action on the part of us, neither us nor any of our officers, employees, agents, affiliates or subsidiaries can or will have any responsibility or liability to you or to any other person for any claims with respect to the handling, mishandling or loss of your username and/or password.
      4. When you register for an account with us, you will be given a username and password which you will need to access and manage your account and any other Services you are utilizing. The data you are required to supply pursuant to (c)(i) above can be modified by you at anytime provided that any such changes are in compliance with the requirements of this Agreement. You shall be the only authorized user of our Services and System under this Agreement. You understand that you shall be solely responsible for all transactions with us requiring your username and password. You further understand and agree that, as a condition of using the Services and System, you shall immediately notify us if you become aware of any unauthorized use of your username or password.
      5. We will not process the data you supply in accordance with (c)(i) above in any way that is incompatible with the registration of domain names.
      6. You understand and agree that once your domain name has been registered for more than five calendar days, you will no longer be able to rename, remove, or otherwise delete that domain name from the global registry.
    4. License of Domain Names.
      1. If you attempt to license the use of your domain names to a third party, you must disclose to us in writing the identity of your licensee.
      2. Even if you attempt to license the use of your domain names to a third party:
        1. you remain the holder of record;
        2. you remain responsible for providing and updating your own full contact information and for providing and updating accurate technical, administrative, and billing contact and other information in accordance with this Agreement; and
        3. you hereby accept sole liability for harm caused by wrongful use of our Services and System, including but not limited to domain name registration and use, unless you promptly disclose in writing, with a copy to legal@directnic.com, the identity of your licensee to any person providing you with reasonable evidence of actionable harm.
    5. Domain Name Transfers. If you transfer any domain names, you agree to abide by our policies and procedures relating to the transfer of domain names.
      1. Our policies and procedures may require you, among other things, to submit signed, notarized, written records of ownership transfers; other information regarding the transferor, transferee, and the transfer; and may impose reasonable information collection and record keeping obligations on you.
      2. Our policies and procedures may require you to relinquish all control over the domain names transferred.
    6. Domain Name Renewals. Domain name renewals through directNIC will be governed by the following provisions:
      1. You are solely responsible for renewing your domain names in a timely fashion.
      2. We are not obligated to notice you more then two times at your email address of record and not by fax, U.S. mail, or courier.
      3. At the conclusion of the registration period, your failure to consent that the registration be renewed within the time specified in a second notice provided by us to your email address of record, in the absence of extenuating circumstances, shall result in cancellation of the registration by the end of the auto-renew grace period.
      4. The following shall constitute extenuating circumstances:
        1. a UDRP action;
        2. a valid court order;
        3. the failure of our renewal process, which does not include a failure by you to respond;
        4. the domain name is used by a name server that provides DNS service to third-parties, additional time may be required to migrate the records managed by the name server;
        5. you are subject to bankruptcy proceedings;
        6. a payment dispute in which you claim to have paid for a renewal or there is a discrepancy in the amount paid;
        7. a billing dispute in which you dispute the amount on a bill;
        8. the domain name is subject to litigation in a court of competent jurisdiction; or
        9. other circumstances as approved specifically by ICANN.
      5. In the absence of extenuating circumstances, as set forth immediately above, a domain name may be deleted within 45 days by either us or you terminating the registration agreement.
      6. We may charge you a fee, as described below, in accordance with ICANN policy, for the recovery of a domain name during the Redemption Grace Period.
      7. In the event that a domain name that is the subject of a UDRP dispute is deleted or expires during the course of the dispute, the complainant in the UDRP dispute will have the option to renew or restore the domain name under the same terms of service that applied to you. If the complainant renews or restores the domain name, the domain name may be placed in Registrar HOLD and Registrar LOCK status, the WHOIS contact information for you may be removed, and the WHOIS entry may indicate that the domain name is subject to dispute. If the complaint is terminated, or the UDRP dispute finds against the complainant, the domain name may be deleted within 45 days. You retain the right under the existing Redemption Grace Period provisions to recover the domain name at any time during the Redemption Grace Period, and retain the right to renew the name before it is deleted.
      8. If you wish to keep any of your domain names that have expired and have been placed in a Redemption Grace Period, you must file a redemption claim. In order to process the Redemption Grace Period claim during the first 30 days of the Redemption Grace Period, you must send us your directNIC username, the domain name in question, and a check or money order for $185 made payable to DNC Holdings, Inc. to the address below. Credit card payment will not be accepted for Redemption Grace Period domains and all checks will have a 10 day hold.

        DNC Holdings, Inc.
        3500 N. Causeway Blvd.
        Suite 160
        Metairie, LA 70002

        Phone number: 504-355-0081

    1. Expired Domain Name. The following paragraphs apply to each and every domain name you register with us, regardless of the top-level domain name involved-e.g., .com, .net, .org, .biz, .info, .name, .us, .ws, etc.
      1. Certain registry administrators may provide procedures or grace periods during which an Expired Domain Name's registration may be renewed after the most recent term of the purchased domain name registration services has expired. You alone bear the risks and all consequences if you fail to update your account contact information or wait until close to or after the end of a domain name registration term to attempt to renew the registration. We may for any reason and at our sole discretion decide not to participate in a post-expiration renewal of a domain name, and we shall not be liable for any direct or indirect consequences of our decision. We may charge you fees related to any applicable post-expiration renewal or redemption processes and we may determine those fees at our sole discretion.
      2. On any Expired Domain Name, we may host a parking page that may include promotions and advertisements for various products and services. You agree that hosting a parking page, allowing your domain name to continue to resolve, or not allowing your domain name to resolve for an Expired Domain Name are all functionally equivalent to ICANN's or a registry's Redemption Grace Period, which would normally occur after deletion, and we may, at our sole discretion, exercise our rights under this provision.
      3. You agree that your failure to successfully transfer the Expired Domain Name to another registrar or to successfully pay us for renewal of the Expired Domain Name prior to the end of the Redemption Grace Period may result in your abandonment and loss of the Expired Domain Name.
      4. Should you fail to renew your Expired Domain Name during any applicable grace period, you agree that during any applicable grace period we may, at our sole discretion, renew the Expired Domain Name on your behalf. If we renew the Expired Domain Name and you fail to reimburse us within 15 days after we notice you of the renewal at your current email address, then you hereby agree that we may transfer, on your behalf, ownership and control of the Expired Domain Name to a third party through any means of our choosing, and your failure to request the return of such a transferred domain name prior to the end of the grace period shall constitute your consent to the transfer.
      5. In the event we sell an Expired Domain Name through a Direct Sale, you may be eligible, at our sole discretion, to receive up to a maximum of $0.50 per domain name sold.
    2. Use of Our Domain Name Registration Services.
      1. You agree that your ability to use our domain name registration services is subject to termination or suspension, and your ability to register or modify any particular domain name is subject to suspension, cancellation, or transfer:
        1. At any time pursuant to any ICANN or applicable registry operator policy now in effect or hereafter adopted;
        2. To correct mistakes by us, another accredited registrar or applicable registry operator in registering domain names, including but not limited to the correction of erroneous or inadvertent deletions of domain names, or in connection with the resolution of disputes in accordance with the ICANN Dispute Policy; or
        3. In the event of any breach of any representation, warranty, agreement or other provision of this Agreement, upon e-mail notice of such breach and the expiration of a fifteen (15) calendar day cure period.
      2. You agree not to use our Services, System, or directNIC or permit any other person or entity to use our Services, System, or directNIC for abusive purposes such as:
        1. The transmission of unsolicited, commercial e-mail-i.e., spam;
        2. High volume, automated, electronic processes that apply to a registry operator for large numbers of domain names, except as reasonably necessary to register domain names or modify existing registrations;
        3. High volume, automated, electronic, repetitive queries except as reasonably necessary to register domain names or modify existing registrations; or
        4. The transmission of unsolicited or illegal software, including but not limited to spyware.
        5. "Phishing."
        6. Should we determine that you have engaged in any such abusive practices, you agree:
          1. that we may, at our sole discretion, publish your name, contact information, and I.P. address along with full header and any other information related to your abusive activities;
          2. to pay us all actual damages that can be reasonably calculated;
          3. if actual damages cannot be reasonably calculated by us because damages are often difficult to quantify, you agree to pay us liquidated damages of
            1. five U.S. dollars (US$5.00) for each item of spam or unsolicited bulk e-mail transmitted from or otherwise connected with your account and
            2. one thousand U.S. dollars (US$1,000.00) for each unsolicited illegal transmission or use of spy software; and
          4. that we may charge such damages to any accounts or credit cards used by you to purchase any of our Services.
      3. All domain names registered through us and using name servers provided by us are pointed to a parked page that may be modified at any time by us without prior notice to you and may include such things as, but not limited to:
        1. hyperlinks to additional products and services offered by registrar,
        2. advertisements for products and services offered by third-parties, and
        3. an Internet search engine interface.
      4. To see a sample parked page, please click here.
      5. If for any reason you do not wish to have the domain name you have registered pointed to a parked page, you can choose the no hosting option to disable the parked page.
      6. If you do not wish to have the domain name you have registered pointed to a parked page, you may choose to host the domain name with another hosting provider rather than using our name servers. However, despite your desire to not have a domain name parked, we will not be liable to you or anyone else for any reason whatsoever if that domain name is parked.
    3. Use of Agents.
      1. You agree that, if any of your agents-e.g., an Internet Service Provider, employee, etc.-purchased any of our Services on your behalf, you are nonetheless bound as a principal to comply with this Agreement, including the ICANN Dispute Policy.
      2. Your continued use of our Services or System shall ratify any unauthorized actions of your agent.
      3. By acting on your behalf, your agent certifies that they:
        1. are authorized to apply for our Services on your behalf,
        2. are authorized to bind you to this Agreement and
        3. apprised you of the terms and conditions of this Agreement.
      4. In addition, you are responsible for any errors or breaches of this Agreement made by your agent.
    4. Refusal to Register Domain Names. Pursuant to ICANN and domain name registry operator policies, we reserve the right to refuse to register any domain name, or to cancel, transfer or suspend any domain name registered with us within the first thirty (30) calendar days following receipt of your payment for such registrations. In the event we do not register a domain name or we cancel or transfer a domain name within such thirty (30) calendar day period, we agree to refund any applicable fees with respect to such domain name which you have paid and which the corresponding registry has refunded to us. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register any domain names or the cancellation or transfer of any domain names.
    5. Revocation by Registry. You understand and agree that, in the event that the corresponding registry revokes your domain name, we will not be liable for any resulting harm or damages, other than to pass along any amounts refunded by the registry minus any outstanding amounts you owe to us.
    6. Termination of Free Services. We reserve the right, at our sole discretion, to terminate any free services provided to you, including but not limited to free hosting, domain redirection, domain parking, email forwarding, etc. with respect to any domain name that you subsequently transfer to another registrar. You understand and acknowledge that your continued use of any of our free services is conditioned on your domain names remaining registered with us and your compliance with this Agreement.
    7. New Generic Top Level Domain Names. You agree that all domain names registered by you with generic top level domains, including but not limited to:.info, .biz, .name, .us, .cn, .ws, .tv, .eu, .uk, .nl, .es, and .de shall bind you to the terms and conditions required by the domain registry for those particular generic top level domains. The terms and conditions for each domain registry can be found below:
TLDs Addendum
.info Addendum
.biz Addendum
.name Addendum
.us Addendum
.cn Addendum
.ws Addendum
.tv Addendum
.eu Addendum
.uk Addendum
.nl Addendum
.es Addendum
.de Addendum
.at Addendum
.be Addendum
.in Addendum
.co Addendum
.uk.com Addendum
.us.com Addendum
.cn.com Addendum
.me Addendum
.xxx Addendum
  1. PRE-REGISTRATIONS
    1. Use of Pre-Registration Services. If you submit an application for pre-registration of a domain name, DNC Holdings, Inc. does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. directNIC may use third-party service providers for the pre-registration services.
  1. PREMIUM DOMAINS
    1. 3rd Party Vendors. You acknowledge that premium domains purchased at directNIC.com are provided by 3rd party vendors. From time to premium domain transfers may fail due to various reasons. directNIC will make every attempt to transfer a premium domain purchased by you to your account however makes no guarantee.
  1. HOSTING .
    1. Hosting Service Description. We currently provides users with access to a broad selection of on-line resources, including free web hosting, use of our name servers, domain redirection, 20 megabytes of free server space, unlimited data transfers, free web-based email, and personalized content, through directNIC.
    2. Registration Obligations. In consideration of your use of our hosting services, you agree:
      1. that you are at least 13 years of age;
      2. to provide true, accurate, and complete hosting information about yourself;
      3. to receive our newsletter; and
      4. to maintain and promptly update the hosting information to keep it true, accurate, current and complete. Non-compliance with any of these obligations during the maintenance of your account may result in the suspension or termination of your account, and may result in the refusal of any and all current or future use of the System, or any portion thereof at the sole discretion of us.
    3. Member Account Information. You will receive a password and username upon completing the directNIC account registration process.
      1. You alone are responsible for controlling access to your account, password, and username;
      2. You alone are responsible for all changes to your account made by anyone with access to your password or username.
      3. You agree to:
        1. immediately notify us of any unauthorized use of your password or username or any other security threat to your account,
        2. immediately use the password change system to obtain a new password if your password is compromised, and
        3. exit from your account at the end of each session.
      4. You agree that we will not be liable for any loss or damage arising to anyone from use, misuse, or any loss of use of your account.
    4. Member Conduct. You understand that all Content is the sole responsibility of the entity from which such Content originated.
      1. You, and not us, are solely responsible for all Content that you upload, post, email or otherwise transmit through our hosting services.
      2. We do not control the Content posted through our hosting services and do not guarantee the accuracy, integrity or quality of such Content.
      3. You understand that by using our Services or System, you may be exposed to Content that is offensive, indecent or objectionable.
      4. Under no circumstances will we be liable in any way for any Content, including but not limited to, any errors or omissions in any Content, or for any loss or damage of any kind incurred as a result of the use by anyone of any Content posted, emailed or otherwise transmitted through our Services or System.
      5. If you are using email forwarding, you agree that we have reserved the right, at our sole discretion, to filter and delete all spam emails.
      6. You agree to not use the System to:
        1. upload, post, email or otherwise transmit any Content that is intended or likely to incite or otherwise promote imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable or likely to produce such conduct;
        2. harm minors in any way;
        3. impersonate any person or entity, including, but not limited to, our officer, agent, forum leader, guide or host, or falsely state or otherwise misrepresent an affiliation with a person or entity;
        4. forge headers or otherwise manipulate identifiers in a manner that disguises the origin of any Content transmitted through our Services or System;
        5. upload, post, email or otherwise transmit any Content that you do not have a right to transmit under any law or under contractual or fiduciary relationships-e.g., inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements;
        6. upload, post, email or otherwise transmit any Content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of another;
        7. upload, post, email or otherwise transmit any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or "phishing";
        8. upload, post, email or otherwise transmit any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        9. disrupt the normal flow of dialogue, cause a screen to "scroll" faster than other users of our Services or System are able to type, or otherwise act in a manner that negatively affects other user's ability to engage in real time exchanges;
        10. interfere with or disrupt our Services, our System, or any other servers or networks connected to our System, or fail to comply with any requirement, procedure, policy or regulation of networks in any way connected to our Services or System;
        11. intentionally or unintentionally violate any applicable local, state, national or international law;
        12. "stalk" or otherwise harass another;
        13. collect or store personal data about other users without their prior, written and informed consent;
        14. promote or provide instructional information about illegal activities, promote physical harm or injury against any group or individual, or promote any act of cruelty to animals.
    5. Advertising Banners.
      1. You agree that
        1. as a condition of your use of our free hosting service, you will, at all times display our advertising banners on all of your web sites.
        2. you will not use any means to remove, alter, modify or otherwise manipulate the design and/or format of our banners for as long as you maintain a web site on our servers.
        3. in the event you breach any obligation of the Hosting section of this Agreement, in addition to all other rights we have, you will pay us liquidated damages in the amount of US$15.00 per 1000 page views (this corresponds to a US$15 CPM rate) plus attorneys' fees and court costs.
        4. we reserve the right, at our sole discretion, to suspend and/or terminate any service currently provided to you by us.
      2. You agree that all domain names hosted through our hosting services may be pointed to a parked page.
        1. The parked page may be modified at any time by us without prior notice to you and may include such things as, without limitation:
          1. hyperlinks to additional products and services offered by registrar,
          2. advertisements for products and services offered by third-parties, and
          3. an internet search engine interface.
        2. To see a sample parked page, please click here.
        3. If for any reason you do not wish to have a domain name you have registered with us pointed to a parked page, you may choose:
          1. the no hosting option to disable the parked page or
          2. to host the domain name with another hosting provider rather than using name servers provided by registrar.
    6. Intellectual Property Infringement.
      1. As a condition for your use of our hosting services, you represent and warrant that your registered domain name does not violate the intellectual property rights of any third party.
      2. In the event we determine, at our sole discretion, that you have violated the intellectual property rights of us or a third party through your use of our Services or System, including through your use of our parking service, you agree to pay us liquidated damages in the amount of $1000.00 per violation and each day that a violation continues shall constitute a separate and new violation.
      3. You further agree that we may demand at any time proof of any intellectual property ownership or licensing, as the case may be, to ensure your compliance with this section.
    7. Special Considerations For International Use. You agree to comply with all local rules regarding online conduct and acceptable Content. Specifically, you agree to comply with all applicable laws regarding the transmission of technical data exported from the United States or the country in which you reside.
    8. Content Submitted.
      1. You agree that we and our designees have the right to:
        1. refuse or move any Content that is available through our System and
        2. remove any Content that violates this Agreement or is otherwise objectionable.
      2. You agree that you must evaluate and bear all risks associated with the use of any Content, including any reliance on the accuracy, completeness, or usefulness of such Content. In this regard, you acknowledge that you may not rely on any Content created by us or submitted to us.
      3. You acknowledge and agree that we may preserve Content and may also disclose Content if required to do so by law or in the good faith belief that such preservation or disclosure is reasonably necessary to:
        1. comply with legal process;
        2. enforce this Agreement;
        3. respond to claims that any Content violates the rights of third-parties; or
        4. protect the rights, property, or personal safety of us, our directors, officers, employees, agents, users and the public.
      4. You understand that the technical processing and transmission of our Services using our System, including your Content, may involve:
        1. transmissions over various networks, and
        2. changes to conform and adapt to technical requirements for connecting networks or devices.
    9. Public Content Posted.
      1. For purposes of this Agreement, "publicly accessible areas of our System" are those areas accessible by the general public.
      2. With respect to Content that you elect to post in publicly accessible areas of our System or that consists of photos or other graphics you elect to post to any other publicly accessible area of the web, you grant us the world-wide, royalty free and non-exclusive license to reproduce, modify, adapt and publish such Content on our System solely for the purpose of displaying, distributing and promoting our specific site to which such Content was submitted by us, or, in the case of photos or graphics, solely for the purpose for which such photo or graphic was submitted to our System. This license exists only for as long as you elect to continue to include such Content on our System and shall be terminated at the time you delete such Content from our System.
    10. Indemnity.
      1. You agree to indemnify and hold us, and our subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post to or transmit through our System, your use of our Services, your connection to our System, your violation of this Agreement, or your violation of any rights of a third party.
    11. Prohibition Against Resale of our Service. You agree not to reproduce, duplicate, copy, sell, resell or exploit for any commercial purposes, any portion of, use of, or access to our Services and System.
    12. General Practices Regarding Use and Storage.
      1. You acknowledge that we may establish general practices and limits concerning use of our Services and System, including without limitation:
        1. the maximum number of days that email messages or other uploaded Content will be retained by our System,
        2. the maximum number of email messages that may be sent from or received by an account on our System,
        3. the maximum size of any email message that may be sent from or received by an account on our System,
        4. the maximum disk space that will be allotted on our servers on your behalf, and the maximum number of times, including the maximum duration for which, you may access the System in a given period of time.
      2. You agree that we have no responsibility or liability for the deletion or failure to store any messages and other communications or other Content maintained or transmitted through our System.
      3. You acknowledge that we reserve the right to log off accounts that are inactive for an extended period of time.
      4. You further acknowledge that we reserve the right to change these general practices and limits at any time with or without prior notice.
    13. Modifications to our Services and System. We reserve the right at any time to modify or discontinue, temporarily or permanently, our Services and System, or any part thereof with or without prior notice. You agree that we shall not be liable to you or to any third party for any modification, suspension or discontinuance of our Services or System.
    14. Termination.
      1. You agree that we may terminate your password, username, account, or use of our Services and System and remove and discard any Content within our System, for any reason, including, without limitation, for lack of use or if we believe that you have violated or acted inconsistently with this Agreement.
      2. We may also, at any time, discontinue providing our Services, or any part thereof, with or without prior notice.
      3. You agree that any termination of your access to our Services or System under any provision of this Agreement may be effected without prior notice, and acknowledge and agree that we may immediately deactivate or delete your accounts and web sites and all related information and files in your accounts and web sites and/or bar any further access to such files or our Services or System.
      4. You agree that we shall not be liable to you or any third party for any termination of your access to our Services or System.
    15. Other Grounds for Termination. We reserve the right, at our sole discretion, to terminate your free hosting service with respect to any domain name that you subsequently transfer to another registrar. You understand and acknowledge that your continued use of our free hosting service is conditioned on your domain remaining registered with us and not violating this Agreement.
    16. Dealings with Advertisers. We run advertisements and promotions on directNIC. By creating your web sites through our Services and System, you agree that:
      1. we have the right to run such advertisements and promotions on your web sites;
      2. the manner, mode and extent of advertising by us on your sites with us are subject to change; and
      3. your correspondence or business dealings with, or participation in promotions of, advertisers found on or through our System, including payment and delivery of related goods or services, and any other terms, conditions, warranties or representations associated with such dealings, are solely between you and such advertiser and not us; and
      4. we shall not be responsible or liable for any loss or damage of any sort incurred as the result of any such dealings or as the result of the presence of such advertisers on our System.
    17. Hyperlinks. Our System may provide, or third parties may provide, hyperlinks to other web sites or resources.
      1. Because we have no control over such external sites and resources, you acknowledge and agree that we are not responsible for the availability of such external sites or resources, and do not endorse and are not responsible or liable for any Content, advertising, products, or other materials on or available from such sites or resources.
      2. You further acknowledge and agree that we shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such Content, goods or services available on or through any such site or resource.
    18. Our Proprietary Rights.
      1. You acknowledge and agree:
        1. that all proprietary and confidential information regarding our Services and System is protected by applicable intellectual property and other laws;
        2. that Content contained in sponsor advertisements or information presented to you through our Services or System or advertisers is protected by copyrights, trademarks, service marks, patents or other proprietary rights and laws; and
        3. except as expressly authorized by us or advertisers, not to modify, rent, lease, loan, sell, distribute, or create derivative works based on our Services or System, in whole or in part.
      2. we grant you a personal, non-transferable and non-exclusive right and license to use the object code of our System on a single computer; provided that you do not and do not allow any third party to copy, modify, create a derivative work of, reverse engineer, reverse assemble or otherwise attempt to discover any source code, sell, assign, sublicense, grant a security interest in or otherwise transfer any right in our Services or System.
      3. You agree not to:
        1. modify our System in any manner or form, or to use modified versions of our Services or System, including without limitation for the purpose of obtaining unauthorized access to our Services or System or
        2. access our System by any means other than through the interface that is provided by us for use in accessing our System.
    19. Copyrights and Copyright Agents. We respect the intellectual property of others, and we ask you to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, please provide us with the following information at legal@directnic.com or to the address below:
      1. an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright interest;
      2. a description of the copyrighted work that you claim has been infringed;
      3. a description of where the material that you claim is infringing is located on the site;
      4. your address, telephone number, and email address;
      5. a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright owner, its agent, or the law; and
      6. a statement by you, made under penalty of perjury, that the above information in your Notice is accurate and that you are the copyright owner or authorized to act on the copyright owner's behalf.
        By mail:
        DNC Holdings, Inc.
        Attn: Copyright Notices
        3500 N. Causeway Blvd.
        Suite 160 Metairie, LA 70002

      7. Violations. Any violations of this Agreement should be reported to us at legal@directnic.com. In the event that you breach any of the above provisions of this Agreement, you agree that we may terminate your use of our Services or System pursuant to this Agreement.
  2. DOMAIN NAME RENEWALS BY THIRD PARTIES. Third-Party renewals of domain names are permitted, but only if the third party payor represents to us that they are acting as an agent for the Registrant or Administrative Contact and consent to the condition that the domain name will be renewed solely for the benefit of the Registrant by signing and returning to us the Third-Party Renewal Waiver. You can obtain the Third-Party Renewal Waiver form by clicking here: [PDF form]. Third Party renewals may also occur via our Easy Renew online option.
  3. DOMAIN NAME TRANSFERS BETWEEN REGISTRARS . By using our service to transfer domain names between registrars you agree as follows:
    1. ICANN UDRP. In addition to this Agreement, the Transfer Contact agrees to accept and be bound by the terms and conditions of all agreements required by ICANN policy, which are incorporated herein as if copied in their entirety, including ICANN's Uniform Domain Name Dispute Resolution Process and set forth at http://www.icann.org/udrp/.
    2. Description of Inter-Registrar Transfer Service. Our inter-registrar transfer service is designed to allow the Transfer Contact to transfer a domain name from us to a third party or from a third party to us. The Transfer Contact hereby agrees to pay all fees associated with our service.
    3. Authority to Transfer. Only the Transfer Contact has authority to approve or deny a request to transfer a domain name to the Gaining Registrar. In the event of a dispute, the Registrant's decision supersedes that of the Administrative Contact.
    4. Transfer Requirements. You must have a directNIC account before a domain name can transferred to us. For more information or to setup a free account, please visit http://www.directNIC.com/signup/.
    5. Restrictions on Domain Transfers. There are no restrictions imposed on any third party to which we may transfer a domain name or from which third party we may accept a transfer request.
    6. Transfers to directNIC. In each instance in which we are the Gaining Registrar, we may:
      1. Obtain express authorization from the Transfer Contact.
      2. Condition a transfer upon our receipt of advance, express approval of the transfer from the Transfer Contact.
      3. Attempt to obtain authorization for the transfer by sending an "Initial Authorization for Registrar Transfer" standardized form to the Transfer Contact.
        1. This form may be sent to the Transfer Contact's registered email address to request authorization to transfer a domain name.
        2. The Transfer Contact may be required to follow the instructions provided in the standardized form in order for the transfer to proceed.
        3. A copy of this form is available by clicking here .
    7. Transfers Away from directNIC.
      1. When we receive a request to transfer a domain name registration to a third party, we may take the following protective measures:
        1. We may make reasonable efforts to verify the validity of the party requesting the transfer.
        2. We may make an attempt to verify the transfer request using our account information for the Transfer Contact.
        3. We may send to the Transfer Contact a standardized form labeled "Confirmation of Registrar Transfer Request" to request confirmation or denial of the transfer. A copy of the "Confirmation of Registrar Transfer Request" form is available by clicking here.
      2. The Transfer Contact's failure to respond to our confirmation request in a timely manner, usually within five days, may be deemed by us as your approval for us to transfer the domain name registration and we will not liable for any harm or damages resulting from the transfer.
    8. Transfer Fees.
      1. You hereby agree to be bound by all domain name transfer fees in conjunction with our domain name transfer service.
      2. The fee for each domain name transfer to us is listed on our website at: http://www.directnic.com/features/prices.php
      3. If your account with us contains sufficient directNIC Credits, directNIC Credits may be debited from your account for each domain name transferred to us.
    9. Expired Domain Names. In the event the domain name registration lapses for any reason whatsoever:
      1. Before another registrar submits a request that we transfer a domain name to them, you acknowledge, understand and agree that we may charge a fee of US $100.00 to transfer your domain name away to the Gaining Registrar.
      2. After another registrar submits a request that we transfer a domain name to them, you will not be responsible for the US $100.00 fee. But if the transfer request fails, then the US $100.00 fee would again apply.
    10. Billing and Fee Refunds.
      1. You may be charged the appropriate domain name transfer fee whether or not the transfer is successful.
      2. However, in the event there is any transfer failure caused by reasons other than fraud, we may credit your account fifteen directNIC Credits for every transfer that is unsuccessful. You agree to accept this compensation as full and complete satisfaction of any liability or responsibility we may have to you arising out of or in connection with the failed transfer to us. You acknowledge and accept that any compensation provided by us may only be in the form of directNIC Credits
  4. DOMAIN NAME TRANSFERS BETWEEN DIRECTNIC ACCOUNTS. By using our service to transfer a domain name between directNIC accounts, you agree as follows:
    1. Description of Intra-directNIC Transfer Service. Our intra-directNIC transfer service is designed to allow the Transfer Contact to transfer a domain name between directNIC accounts. You agree to pay all fees associated with our service.
    2. Authority to Transfer. Only the Transfer Contact has authority to approve or deny a request to transfer a domain name from one directNIC account to another.
    3. Transfer Requirements.
      1. If the intended recipient of the domain name to be transferred does not already have an account with a registrar, they will need to open one before a domain name can transferred to them. For more information or to setup a free directNIC account, please visit http://www.directNIC.com/signup/.
      2. We may condition a transfer upon our receipt of advance, express approval of the transfer from the Transfer Contact.
      3. We may attempt to obtain authorization to transfer domain names by sending an "Initial Authorization for inter-directNIC transfer" standardized form to the Transfer Contact.
        1. This form may be sent to the Transfer Contact's registered email address to request authorization to transfer a domain name.
        2. The Transfer Contact may be required to follow the instructions provided in the standardized form in order for the transfer to proceed.
        3. A copy of this form is available by clicking here .
      4. If fraud is suspected, we may make an attempt to verify the transfer request using our account information for the Transfer Contact.
      5. Failure to deny this confirmation request in a timely manner, usually within five days, may be deemed by us as approval to transfer the domain name registration.
    4. Transfer Fees.
      1. You hereby agree to be bound by all domain name transfer fees in conjunction with our service.
      2. While normally no fees apply to intra-directNIC transfers, we may collect an administrative fee of up to $75.00 per hour payable by credit card if our customer support or legal departments are required to be involved.
      3. If your account with us contains sufficient directNIC Credits, the applicable fee amount in directNIC Credits may be debited from your account for each domain name transfer.
    5. Billing and Fee Refunds.
      1. You may be charged the appropriate domain name transfer fee whether or not the transfer is successful.
      2. However, in the event there is any transfer failure caused by reasons other than fraud, we may credit your account in directNIC Credits for the amount of every transfer fee that is unsuccessful. You agree to accept this compensation as full and complete satisfaction of any liability or responsibility we may have to you arising out of or in connection with the failed transfer to us. You acknowledge and accept that any compensation provided by us may only be in the form of directNIC Credits.
  5. PAID HOSTING . By applying for and/or purchasing paid hosting services from us, you are consenting to and obligating yourself to comply with these additional terms and conditions.
    1. You must use our web hosting packages and all other paid hosting services provided in a manner consistent with all applicable laws of applicable laws of the United States. You authorize us to charge all fees due to the submitted credit card or checking account.
    2. You acknowledge that we reserve the right, at any time and at our sole discretion, to deactivate your web hosting accounts without advance notice should we anticipate any credit problems including delinquent payments, or if you violate this Agreement, or if your accounts or the traffic on your accounts causes any kind of problems or other disturbances to our System. You also acknowledge that we reserve the right to disable an account or some of its files or directories if you violate this Agreement.
    3. If you are using email forwarding, you agree that we reserve the right, at our sole discretion, to filter and delete all spam emails.
    4. While we shall make every reasonable effort to protect and backup data for you on a regular basis, you agree that we are not responsible for your files on our servers. You are solely responsible for the backup of your data stored in our System. Should any fees arise to restore your files due to a file lost that Provider is not responsible for, Client agrees to bear any and all costs necessary to restore Client's files.
    5. You hereby agree that all domain names and any material submitted for publication on our servers through your account will not violate or infringe any copyright, trademark, patent, statutory, common law, or proprietary rights of others, or contain anything libelous or harmful. Any potentially illegal activity may result in deactivation of your account without notice from us. You hereby agree to indemnify and hold us harmless from any claims resulting from your violation of the rights of third parties.
    6. As a condition for your use of our paid hosting service, you represent and warrant that your registered domain name does not violate the intellectual property rights of any third party.
      1. In the event you are found to have breached your obligation pursuant to this section, you agree to pay us liquidated damages in the amount of $1000.00 per day per each instance of a violation until remedied by you.
      2. You further agree that we may demand at any time proof of any intellectual property ownership or licensing, as the case may be, to ensure your compliance with this section.
    7. You hereby agree that all domain names and any material submitted for publication on our System through your account will not contain anything that represents abuse of our Services or System. Abuse includes, but is not limited to using our Services or System to promote pornography, obscenity, nudity, violations of privacy, computer viruses, hacking, wares, or any other harassing or harmful materials or uses. You hereby agree to indemnify and hold us harmless from any claims resulting from your publication of materials or use of those materials. Furthermore, we may at our sole discretion deactivate your accounts, with our without notice, if we determine that you have engaged in abusive of our Services or System.
    8. You hereby agree that using a shared account as a backup/storage device is not permitted , with the exception of one cPanel backup of the same account.
    9. You hereby agree that as part of your use of our hosting, certain material is unacceptable on our systems. Examples of unacceptable material on our systems include:
      1. IRC Scripts/Bots
      2. Proxy Scripts/Anonymizers
      3. Pirated Software/Warez
      4. Image Hosting Scripts (similar to Photobucket or Tinypic)
      5. AutoSurf/PTC/PTS/PPC sites
      6. Bruteforce Programs/Scripts/Applications
      7. Mail Bombers/Spam Scripts
      8. File Dump/Mirror Scripts (similar to rapidshare)
      9. Commercial Audio Streaming (more than one or two streams)
      10. Video Sites where the primary purpose is serving videos
      11. Escrow/Bank Debentures
      12. High-Yield Interest Programs (HYIP) or Related Sites
      13. Investment Sites (FOREX, E-Gold Exchange, Second Life/Linden Exchange, Ponzi, MLM/Pyramid Scheme)
      14. Sale of any controlled substance without prior proof of appropriate permit(s)
      15. Prime Banks Programs
      16. Lottery/Gambling Sites
      17. MUDs/RPGs/PBBGs
      18. Hacker focused sites/archives/programs
      19. Sites promoting illegal activities
      20. Forums and/or websites that distribute or link to warez/pirated/illegal content.
      21. Bank Debentures/Bank Debenture Trading Programs
      22. Fraudulent Sites (Including, but not limited to sites listed at aa419.org & escrow-fraud.com)
      23. Broadcast or Streaming of Live Sporting Events (UFC, NASCAR, FIFA, NFL, MLB, NBA, WWE, WWF, etc)
      24. Tell A Friend Scripts
    10. You acknowledge that our paid hosting has incorporated services provided by 3rd party vendors that are provided to you for free as part of our paid hosting service. You agree to indemnify and hold us harmless from any claims resulting from the use of any 3rd party services in our paid hosting.
    11. We are not liable or responsible for the protection or privacy of electronic mail, or for information transferred through the Internet or any other network we or our customers may utilize.
    12. All server and hosting contracts are automatically renewed for another term unless we receive proper notice of cancellation at least two weeks in advance of the renewal date. If no notice of cancellation is given, we may at our sole discretion automatically renew all contracts for another term under the same conditions. If an account has been set up and the initial rent and setup fee is not paid, we have the right to immediately close the account and refuse further service.
    13. We maintain control and full ownership of any and all IP numbers and addresses that may be assigned to you, and we reserve at our sole discretion the right to change or remove any and all I.P. numbers and addresses. You shall retain the right to use the domain name even if you change service providers.
    14. A domain name using our paid hosting service may be pointed to a parked page, as provided above.
    15. We reserve the right, at our sole discretion, to terminate any Services with respect to any domain name that you transfer to another registrar. You understand and acknowledge that your continued use of our paid hosting services is conditioned on your domain names remaining registered with us and your compliance with this Agreement.
    16. You also agree to respond to any requests for feedback within 3 days. Failure to respond within 14 days shall result in a non-refundable cancellation of the Service.
  6. EMAIL SERVICE . By applying for and/or purchasing our Email Service, you are consenting to and obligating yourself to comply with these additional terms and conditions.
    1. Use. The Email Service is intended for your individual or business use. Any unauthorized use or resale of the Email Service is expressly prohibited.
      1. You agree to be solely responsible for all acts and omissions carried out under your username and password, including the content of your transmissions sent through our Email Service.
      2. By using the Email Service, you agree to not engage in any inappropriate use, which includes, but is not limited to the following:
        1. Transmitting any content that is directed to inciting or producing imminent conduct that is unlawful, harmful, threatening, abusive, harassing, tortious, defamatory, vulgar, obscene, libelous, invasive of another's privacy, hateful, or racially, ethnically or otherwise objectionable and is likely to produce such conduct;
        2. Harming others in any way;
        3. Impersonating any person or entity or falsely stating or otherwise misrepresenting your affiliation with a person or entity;
        4. Forging headers or otherwise manipulating identifiers in order to disguise the origin of any content transmitted through the Email Service;
        5. Transmitting any content that you do not have a right to transmit under any law or under contractual or fiduciary relationships (such as inside information, proprietary and confidential information learned or disclosed as part of employment relationships or under nondisclosure agreements);
        6. Transmitting any content that infringes any patent, trademark, trade secret, copyright or other proprietary rights of any party;
        7. Transmitting any unsolicited or unauthorized advertising, promotional materials, "junk mail," "spam," "chain letters," "pyramid schemes," or "phishing";
        8. Transmitting any material that contains software viruses or any other computer code, files or programs designed to interrupt, destroy or limit the functionality of any computer software or hardware or telecommunications equipment;
        9. Interfering with or disrupting our Email Service or servers or networks connected to the Email Service, or disobeying any requirements, procedures, policies or regulations of networks connected to the Email Service;
        10. Intentionally or unintentionally violating any applicable local, state, national or international law.
        11. "Stalking" or otherwise harassing another;
        12. Collecting or storing personal data about other users;
        13. Promoting or providing instructional information about illegal activities, promoting physical harm or injury against any group or individual, or promoting any act of cruelty to animals.
      3. If we suspect you have violated these restrictions in any way, we reserve the right to monitor, review, and disclose any information as necessary to satisfy any applicable law, regulation, legal process or government request.
    2. Abuse of Service. We reserve the right to terminate any account, which we believe, at our sole discretion, is using our Email Service to transmit spam or other unsolicited commercial messages. You agree to be held liable for any and all damages incurred by us and others from the abuse of our Email Service. Please report suspected abusers to abuse@directnic.com.
    3. Hyperlinks to Third Parties. We may provide hyperlinks to third party web sites for your convenience and enjoyment. We do not control any content contained in these linked sites, and thus, we assume no responsibility for any content contained in these linked sites. The presence of such hyperlinks site does not in any way imply our endorsement of the linked site or any association with the linked site's operators.
    4. Termination.
      1. We reserve the right to terminate all or part of our Email Service with or without cause at any time. Furthermore, we may terminate your account if you violate any of the terms and conditions outlined in this Agreement.
      2. If you wish to terminate your account voluntarily, your only recourse is to discontinue the usage of our Email Service.
      3. Upon termination of your account, your rights to use that account immediately cease, and we are freed from all further obligations to maintain the content in your account or to forward messages to and from third party service providers.
  7. OLD POLICY AND DISCLAIMER . Sets forth your registration obligations toward Tucows and us involving the registration of domain names for transactions occurring between March 17, 2000 and April 10, 2001. You can view this old policy and disclaimer by clicking here.
About directNIC | Legal Information | Site Map
©2012 DNC Holdings, Inc. All rights reserved. 		ICANN