text: RACINEonline Registration Agreement - Wholesale B2B Domain Name Registration Services
  DOMAIN NAME REGISTRATION AGREEMENT 1.0
  This Registration Agreement 2.1 ("Agreement") sets forth the terms and conditions agreed to between you and RACINEonline.com ("we" or "us"), relating to the registration of one or more Second Level Domain name(s)("SLD name(s)") ending in the .com, .net or .org Top Level Domains. By registering any SLD name with us on or after March 3, 2001 (whether directly or through your agent, or as an agent for another person or entity), you agree, for yourself and, if acting as an agent, on behalf of your principal, to be bound by the terms and conditions of this Registration Agreement 1.0 with respect to all SLD names registered with us, including those SLD names previously registered with us under prior versions of our Registration Agreement. All domains are registered through BulkRegister, an approved ICANN domain registar.
  As consideration for the SLD name registration services provided by us, you agree to pay all initial registration fees and applicable renewal fees with respect to each SLD name registered in US Dollars at the time of registration or renewal. If you do not pay any initial fees or renewal fees when due or your credit card charge is not accepted for any reason within 3 (three) business days after any initial fee is due or within ten business days after any renewal fee is due, or in the event of any chargeback of any payment at any time, we will have the right to immediately cancel all SLD names for which payment was not received, without further notice. In the case of renewals, we will send an e-mail to the address of the billing contact then set forth in the WhoIS directory with respect to the SLD name eligible for renewal, and it shall be your responsibility to ensure that all such fees are paid prior to the expiration of the term of registration of each SLD name you wish to renew. You agree that we shall have no liability whatsoever with respect to any such cancellation. We reserve the right to adjust our registration and renewal fees prospectively upon fifteen (15) calendar days prior notice.
  You agree to be bound by our
  Domain Name Dispute Policy ("Dispute Policy") which is incorporated into this Agreement by reference, as in effect from time to time. The Dispute Policy can be found at http://www.RACINEonline.com/disputes.htm. Any disputes regarding the right to use your SLD name will be subject to the Dispute Policy. We may modify the Dispute Policy in our sole discretion at any time in accordance with the ICANN Agreement or any ICANN/Registry Policy. Your continued use of our registration services after modification to the Dispute Policy becomes effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name be cancelled or transferred to another registrar. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your SLD name is challenged by a third party, including but not limited to (i) any applicable restrictions on your ability to change registrars with respect to an SLD name subject to a dispute or to transfer an SLD name subject to a dispute to a new holder; and (ii) our ability to cancel any such transfers while a dispute is pending. While any dispute or litigation is pending, we may not allow you to make changes to such SLD record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our SLD name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our SLD name registration services, we may deposit control of your SLD name record into the registry of the judicial body by supplying a party with a registrar certificate from us. No refunds will be provided for names deleted or transferred pursuant to this section. You agree that at such time as we receive a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the cancellation, suspension, transfer or modification of any SLD name registration, we shall have the right in our sole discretion to cancel, suspend (e.g. registrar lock or hold), transfer or otherwise modify any SLD name registration(s).
  4.3. Use of Registration Data. You acknowledge that we will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN or the Registry may impose guidelines, limits and/or requirements that relate to the amount and type of information that we may or must make available to the public or to private entities. You may request a copy of your information in our possession to review, modify or update such information by contacting us by e-mail at support@RACINEonline.com. We agree that we will not process any Personal Data collected from you, if any, in a way that is incompatible with the purposes and other limitations set forth in this Agreement. We agree that we will take reasonable precautions to protect Personal Data collected, if any, from loss, misuse, unauthorized access or disclosure, alteration or destruction.
  6.2. Our Affiliation with ICANN / BULKREGISTER. By registering an SLD name with us you are registering your SLD name through BULKREGISTER, an ICANN accredited registrar. We do not represent, directly or by implication, that we are a registrar or have direct or superior access to the Registry or that we are a registrar or accredited or otherwise affiliated with ICANN.
  7. SLD Name Transfers Between Sponsoring Registrars. You agree that you may change sponsoring registrars for any existing SLD name only in accordance with ICANN/Registry Policy and further agree that you may not change sponsoring registrars with respect to any SLD name for a period of sixty (60) calendar days after registration of such SLD name with us. In connection with any transfer by you of SLD name(s) from one registrar (the "Losing Registrar") to us:
  8. We will effect the proposed transfer of sponsoring registrars from the Losing Registrar only after the following conditions have been met:
  9 You agree and understand that we will effect the registration using the registration data on file with the Losing Registrar immediately prior to transfer, and understand that we may, at our discretion, limit your ability to make post-transfer changes to registration data for a reasonable period of time following transfer, not to exceed 15 business days.
  9.1. When we make a request to the Losing Registrar (via the Registry) to transfer an SLD name registration to us from the Losing Registrar, you agree to pay us the applicable fee(s) as then in effect with respect to such transfer and agree to comply with the NSI Change in Registrar Policy.
  You agree to defend, indemnify and hold us harmless and any applicable SLD name registry, Bulk Register, Inc, including Network Solutions, Inc., and the shareholders, directors, officers, employees, affiliates and agents of us and them, from and against any loss, damages or costs, including reasonable attorneys' fees, resulting from any claim, action, proceeding, suit or demand arising out of or related to (i) any SLD name registered by you or the transfer or use thereof, (ii) any dispute concerning an SLD name, (iii) your breach (or the breach by any of your officers, agents, employees or other representatives) of any agreement contained in this Agreement, or (iv) any cancellation, suspension (e.g. registrar lock or hold) or transfer of any SLD name in accordance with this Agreement. This indemnification is in addition to any indemnification required under the Dispute Policy.
  THIS AGREEMENT AND ALL RIGHTS HEREUNDER SHALL BE GOVERNED BY THE INTERNAL LAWS OF THE STATE OF TEXAS, WITHOUT REGARD TO SUCH STATE'S POLICIES RELATING TO CONFLICT OF LAWS. ANY ACTION RELATING TO OR ARISING OUT OF THIS AGREEMENT OR TO YOUR OR YOUR AGENT'S USE OF OUR SERVICES SHALL BE BROUGHT EXCLUSIVELY IN THE COURTS OF TEXAS LOCATED IN McKinney, Texas. FOR THE ADJUDICATION OF DISPUTES CONCERNING OR ARISING FROM THIS AGREEMENT OR THE USE OF ANY SLD NAME(S), YOU AGREE TO SUBMIT, WITHOUT PREJUDICE TO OTHER POTENTIALLY APPLICABLE JURISDICTIONS, TO THE JURISDICTION OF THE COURTS (I) OF YOUR DOMICILE, AND (II) OF Texas, USA, OR THE U.S. DISTRICT COURT FOR THE DISTRICT OF Texas , LOCATED IN McKinney, Texas. YOU WAIVE THE RIGHT TO TRIAL BY JURY IN ANY SUCH PROCEEDING.
  Except as otherwise specifically stated herein, you agree that all notices from us to you shall be delivered by posting such notices on our website and shall be deemed delivered and effective fifteen (15) calendar days after such posting. Notices from you to us shall be by e-mail to our appropriate e-mail address as specified on our website, and shall be deemed delivered when received by e-mail, or notices shall be in writing by first class mail to RACINEonline.com, 706 Long Hill Court McKinney, Texas 75071, and shall be deemed delivered five days after deposit in the U.S. mail. 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 SLD 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. We intend to rely on any such correspondence.
  This Agreement, our fee schedule and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and us, and supersede and govern all prior or concurrent proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between you and us. 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. In the event that any provision of this Agreement is deemed unenforceable or invalid, such unenforceability or invalidity shall not affect the remainder of this Agreement, but such provision shall be automatically amended and replaced with a provision that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as reflected in the original provision. No provision of this Agreement, including our fee schedule and the Dispute Policy, may be amended or modified by you except by means of a written document signed by us. We may modify this Agreement at any time by posting such modification(s) on our website. Such modifications will become effective 15 calendar days after posting. Your continued use of our registration services after such modification(s) become(s) effective constitutes your acceptance of those modifications. If you do not agree to such a modification, you may request that your SLD name(s) be cancelled or transferred to another registrar. This Agreement shall not confer any benefits upon any person or entity other than you and RACINEonline.com, and shall not be construed to create any obligation by RACINEonline.com to any non-party.