Registration agreement
DOMAIN PARKING / RESERVATIONS
1. Your credit card will be billed by ABI Hosting.
2. There is no charge for indefinite parking of domains on ABI Hosting servers or to transfer to another service provider.
3. Domain Parking does NOT include Web Space or Virtual Hosting. You are not provided with the option to submit your own DNS entries, since ABI Hosting is a domain Reseller and NOT a Registrar.
4. Domain name payments are non-refundable. Once a domain name is registered, the WHOIS database stores the information and is kept there for a period of one year, until the date of renewal. Payment will NOT be credited back.
5. In the event there is a misspelling of a domain name, while being registered online, you as the customer must register the correct spelling of that name. There are NO refunds issued for misspelled domain names.
GENERAL
Please read this Agreement carefully as it governs your access and use of this website (“Site”) and the products and services provided herein (“Service” or “Services”) and is in addition to (not in lieu of) any specific terms and conditions that apply to the Services you purchase or access through the Site.
As used herein, “ABI Hosting”, “we”, “us”, “our“or “ours” refers to CDH Enterprises LLC d/b/a ABI Hosting and its affiliates. “Customer”, “Account Holder”, “you”, “your” or “yours” refers to the customer accessing this Site and purchasing and using the Services together with any company or other business entity you are representing, if any.
By accessing and using the Site, using any of our Services and/or electronically accepting any of our Agreements, you represent and warrant that you are at least 18 years of age and/or are otherwise recognized as being able to form legally binding contracts under applicable law, agree to be bound by this Agreement and to any additional related policies, guidelines, restrictions or rules that may be posted from time to time. All such additional posted guidelines, restrictions, or rules are incorporated herein by reference. If you are agreeing to these Terms of Use or any of our other Agreements on behalf of a corporate entity, you represent and warrant that you have the legal authority to similarly bind such corporate entity.
We reserve the right to make changes to the Site, the Services and these Terms of Use at any time without prior notice to you. You should therefore review these Terms of Use each time you access this Site to keep apprised of these changes. If you do not agree to the changes implemented by ABI Hosting your sole and exclusive remedy is to terminate your relationship with us as a customer of the Services. Unless explicitly stated otherwise, any new features or products that change, augment or enhance ABI Hosting’s Service offerings will be subject to this Agreement.
1. ABI Hosting claims no control whatsoever over the content of the information passing through the ABI Hosting WEB SYSTEM. ABI Hosting makes no warranties of any kind, whether expressed or implied, for the service it is providing. ABIHosting also disclaims any warranty of merchantability or fitness for a particular purpose.
2. At ABI Hosting sole discretion, access to ABI Hosting's services may be revoked at any time for abusive conduct on the system and/or the Internet and its resources as a whole. Sending spam (unsolicited email) from a domain or about a domain is considered abuse of the system and will result in the termination of your account. ABI Hosting is deemed as sufficient authority to define abusive conduct to the system, and definitions may periodically change or be amended to previous ones.
3. You agree to indemnify, hold harmless and defend by counsel reasonably accepted by ABI Hosting, Registrar, Registry Administrator, Registry Operator, and ICANN, and protect and hold harmless ABI Hosting, Registrar, Registry Administrator, Registry Operator and ICANN and their directors, officers, employees, and agents from and against any and all claims, liabilities, losses, costs, damages, expenses, including reasonable consultants' and attorneys' fees and court costs, demands, causes of action, or judgments directly or indirectly arising out of or related to your use of the domain name registration services provided by Registration Service Provider to you.
4. Use of any service or information obtained via ABI Hosting's WEB HOSTING SYSTEM is at your own risk. ABI Hosting specifically denies any responsibility for the accuracy or quality of information obtained through its services.
5. These Terms and Conditions supersede all previous representations understandings or agreements and shall prevail notwithstanding and variance with terms and conditions of any order submitted.
6. ABI Hosting reserves the right to suspend, without prior notification, accounts which are deemed by ABIHosting to be a threat to the functionality or existence of ABI Hosting's WEB HOSTING SYSTEM.
7. Cancellations will NOT generate ANY refund.
8. Use of ABIHosting's WEB SYSTEM constitutes acceptance of these Terms and Conditions. Your continued use of the Service will constitute your acceptance of these Terms. If you do not agree to any of such Terms, your sole and exclusive remedy is to cancel your Service and to have your domain name registration transferred to a different domain name registrar.
TERMS - DOMAIN NAME REGISTRATION, ADMINISTRATION SERVICES AGREEMENT
1. Generic Top Level Domain Registrations
ABI Hosting is a domain Reseller to an Internet Corporation for Assigned Names and Numbers ("ICANN") domain registrar for various generic top-level domain names including .com, .net, .org, .biz, .info, ("gTLDs").
You acknowledge that you have read, understood and agree to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals. (http://www.icann.org/en/help/dndr/udrp/policy.)
You further agree to be bound by the terms and conditions by the Registrar which govern your domain name registration.
2. Country Code Top Level Domain Registration and Administration
In addition to registering and renewing gTLD domain name registrations, ABI Hosting, as a Reseller, also registers and renews various country code top level domains ("ccTLDs"). The registry administrator and registry operator for each ccTLD varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the ccTLD Registry Administrators and Registry Operators for their respective ccTLD registries. ABIHosting may, in its sole discretion, elect to discontinue offering domain registrations or renewals for some or all ccTLDs.
3. No Guarantee of Registration or Renewal
As a domain name reseller, ABI Hosting is, upon accepting your application to register or renew a domain name, your sponsor for that application. No domain name registrations shall be deemed effective unless and until we deliver the domain name registration or renewal application you provide us to the appropriate Registrar, Registry Administrator, or Registry Operator, as applicable, and that Registrar, Registry Administrator or Registry Operator accepts your application and activates your domain name registration or renewal. You will be entitled to a refund only if your domain name registration is unsuccessful.
4. You acknowledge and agree that ABI Hosting does not guarantee that you will be able to register or renew a desired domain name, even if our systems indicate that domain name is available, or you are able to complete an order with respect to such name. You also understand that ABI Hosting cannot know with certainty whether or not the domain name which you are seeking to register is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other registry databases. You also acknowledge and agree that ABI Hosting is not responsible for any inaccuracies or errors in the domain name registration or renewal process. You are solely responsible for making sure that your registration or renewal has been properly processed. You further acknowledge and agree that ABIHosting, Registrar, Registry Administrator, or Registry Operator may elect to accept or reject your application for registration or renewal for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration or renewal of a prohibited domain name. You also acknowledge and agree that ABIHosting is not liable or responsible in any way for any errors, omissions or any other actions by any third party including any Registrar, Registry Administrator, or Registry Operator arising out of or related to your application for and registration of, renewal of, or failure to register or renew a particular domain name. If you fail to renew your domain name, you will be required to pay redemption fees or any other applicable fees to restore and renew your domain name.
5. Your Representations
By applying to register a domain name, or by asking ABI Hosting to maintain or renew a domain name registration, you hereby represent and warrant to us that (a) the statements that you made in connection with such registration, maintenance, or renewal are complete and accurate, and your contact information will be kept current; (b) the registration of the domain name will not infringe upon or otherwise violate the rights of any third party; (c) you are not registering the domain name for an unlawful purpose; and (d) you will not use the domain name in violation of any applicable laws or regulations, or any ABI Hosting, Registrar, Registry Administrator, Registry Operator or ICANN rules, agreements or policies. You agree and acknowledge that it is your responsibility to determine whether your domain name registration or use infringes or violates someone else's rights, including, but not limited to, whether any foreign language translations of your domain name, either between roman-alphabet languages, between non-roman alphabet languages, or between roman-alphabet and non-roman alphabet languages, infringe or violate someone else's rights.
6. Domain Name Registrant
ABIHosting considers the person and/or entity named as the registrant contact for the domain name to be the registrant of that domain name and the entity authorized to transfer the domain name. Further, the administrative, technical and billing contact s are your agents with authority to act on your behalf with respect to the domain name registration or any other services obtained from ABI Hosting, including (but not limited to) the authority to terminate, renew, or modify such services, or obtain additional services.
You acknowledge that willfully failing to provide or update information promptly will constitute a material breach of this agreement and will be a sufficient basis for cancellation of your domain name registration. You further agree that a failure to respond for over fifteen (15) calendar days to inquiries by Registration Service Provider concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this agreement and will be sufficient basis for cancellation of your domain name registration.
IF A REGISTRANT TRANSFERS A DOMAIN NAME TO ANOTHER REGISTRAR OR TO A NEW REGISTRANT, THE SERVICES ASSOCIATED WITH THAT DOMAIN NAME MAY TERMINATE FOLLOWING THE TRANSFER.
7. Transfer of Registrar
Your domain name may be automatically set to prevent a transfer to another Registrar by means of a registrar lock on your domain. By having a lock status on your domain, you are providing express objection to any and all transfer requests issued from another Registrar. Should you choose to transfer to another Registrar, you must contact ABIHosting and remove the lock prior to our receipt of the transfer request from the gaining Registrar. If you are not sure whether your domain name is on lock status or if you need assistance in un-locking the domain, you will need to contact ABIHosting’s Customer Support.
8. Parking Page
Certain domain names registered through ABIHosting may be pointed to a parking page. The parking page may be modified at any time by ABI Hosting without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by ABI Hosting, (ii) advertisements for products and services offered by third-parties, and (iii) an internet search engine interface. If for any reason you do not wish to have the domain name you have registered pointed to a parking page.
9. Registrant Rights and Responsibilities
ICANN has developed, in consultation with Registrars, a webpage that identifies available registrant rights and responsibilities located on ICANN’s webpage at http://www.icann.org/en/resources/registrars/registrant-rights-responsibilities. This website provides a “plain language” summary of a registrant rights and responsibilities that currently exist under the 2009 Registrar Accreditation agreement between ICANN and participating Registrars.
TERMS - TRANSFER AGREEMENT
This Transfer Agreement ("Agreement") sets forth the terms and conditions under which you, the domain name holder, may transfer your domain name registration to ABI Hosting ("Reseller"). You acknowledge and agree that you have read and agree to the terms and conditions of this Agreement, ABI Hosting’s Services Agreement, the accompanying dispute policy, and any rules or policies that are or may be published by ABIHosting, Registrar, Registry Administrator, Registry Operator and ICANN from time to time.
Please note that this Agreement will become effective when accepted by ABI Hosting. ABI Hosting may elect to accept or reject your application for any reason at its sole discretion. If your transfer request is accepted, and your domain name registration is transferred to ABI Hosting, the Services Agreement and Dispute Policy will apply to your domain name registration..
1. Terms of Transfer
When you transfer your domain name registration to ABI Hosting you will be required to extend your existing registration for one year from the date your existing registration is set to expire, provided that the total unexpired term of a registration does not exceed ten (10) years. This additional year applies regardless of the period remaining on your current registration. You will not lose any of the time remaining on your current registration. Once the transfer has been authorized and processed, ABI Hosting shall immediately become the authorized Reseller to the Registrar of record.
2. Initiation of Transfer
Only the authoritative holder of the domain name registration may initiate a request to transfer that domain name registration from another registrar to ABI Hosting. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate this transfer. ABI Hosting, at its sole discretion, may require you to provide documentation that proves that you are the authoritative domain name holder and that you have initiated this transfer request.
The request to transfer a domain name registration from one registrar to another may be denied (a) during the first 60 days after initial registration of the domain name with the original registrar, (b) in accordance with circumstances described in the Domain Name Dispute Policy, (c) if there is a pending bankruptcy of the domain name holder, (d) if there is a dispute over the identity of the domain name holder, (e) by operation of law or (f) at the discretion of the then current registrar.
3. Fees
As consideration for the transfer of the domain name registered in your name to ABI Hosting, you agree to pay ABIHosting, upon submission of your registrar transfer application to ABIHosting, the then-current fees set forth for such services. ABI Hosting reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion.
Your registrar transfer request will not be processed unless ABI Hosting receives actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by ABI Hosting in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) or other non-payment by you in connection with your payment of the registrar transfer fee, you acknowledge and agree that the registration shall be transferred to ABI Hosting as the entity that has paid the registrar transfer fee for that registration to the applicable registry, and that ABI Hosting reserves all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. ABI Hosting will reinstate any such registration solely at our discretion, and subject to our receipt of the applicable registrar transfer fee and our then-current reinstatement fee.
4. Limitation of Liability
YOU AGREE THAT ABIHOSTIN WILL NOT BE LIABLE, UNDER ANY CIRCUMSTANCES, FOR ANY (a) SUSPENSION, LOSS, OR MODIFICATION OF YOUR DOMAIN NAME REGISTRATION, (b) INTERRUPTION OF BUSINESS, (c) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME REGISTERED IN YOUR NAME, (d) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION, (e) EVENTS BEYOND ABIHOSTING'S REASONABLE CONTROL, OR (f) THE PROCESSING OF THE TRANSFER OF THE DOMAIN NAME REGISTERED IN YOUR NAME TO ABIHOSTING. ABIHOSTING ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ABIHOSTING HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ABIHOSTING’S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE SERVICES, BUT IN NO EVENT GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
5. Indemnification of ABI Hosting, Registrar, Registry Administrator, Registry Operator and ICANN
You agree to defend, indemnify and hold harmless ABIHosting, Registrar, Registry Administrator, Registry Operator and ICANN for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to breach of your representations and warranties hereunder or the transfer of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Services Agreement or Dispute Policy.
6. Representations and Warranties
You represent and warrant that all information provided by you in connection with the transfer of the domain name you are seeking to transfer is accurate and current. ABI HOSTING MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE TRANSFER OF THE DOMAIN NAME YOU ARE SEEKING TO TRANSFER, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
7. Governing Law
This Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of New Jersey, as if the Agreement was a contract wholly entered into and wholly performed within the State of New Jersey. Any action to enforce this Agreement or any matter relating to your use of ABIHosting’s site shall be brought exclusively in the federal or state courts of New Jersey. You hereby submit to the jurisdiction of and agree that venue is proper in those courts in any such legal action or proceeding.
8. General
You agree and acknowledge that any acceptance of your application to transfer the domain name registered in your name and the performance thereof will occur at the location of our principal place of business. Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
The failure of ABI Hosting to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by ABI Hosting of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. ABI Hosting will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of ABI Hosting as reflected in the original provision.
