These terms and conditions apply if you purchase domain name registration services from Sav, LLC (“Sav”). This Domain Name Registration Agreement ("Agreement") sets forth the terms and conditions for the use of this website (the “Site”) and of your domain name registration and related services (individually and collectively, the “Services”).
"You", "your", and “user” any individual or entity who accepts this Agreement, has access to your account or uses the Services. "We", "us" and "our" refer collectively to Sav.
YOU ACKNOWLEDGE THAT SAV IS AN ICANN-ACCREDITED REGISTRAR BOUND BY AN AGREEMENT WITH ICANN AND THAT YOU HAVE READ, UNDERSTOOD AND AGREE TO BE BOUND BY ALL TERMS AND CONDITIONS OF ICANN'S UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY LOCATED HERE, AND UNIFORM RAPID SUSPENSION POLICY LOCATED HERE, AND SIMILAR POLICIES OF CCTLD REGISTRIES, AS AMENDED FROM TIME TO TIME, ALL OF WHICH ARE HEREBY INCORPORATED AND MADE A PART OF THIS AGREEMENT BY REFERENCE.
You explicitly agree that violation or refusal to comply with any ICANN policy, and/or any rules, policies, or agreements of any relevant government, is a violation of this Agreement and may result in immediate termination of this Agreement.
THIS AGREEMENT HAS A PROVISION FOR ARBITRATION OF DISPUTES BETWEEN THE PARTIES.
By using the Site and Services, you agree to all terms and conditions of this Agreement, which incorporates by reference each of (i) Sav’s Universal Terms of Service Agreement ("UTOS"), (ii) all agreements, guidelines, policies, practices, procedures, registration requirements or operational standards of the top-level domain ("TLD") in which you register any domain (“Registry Policies”), and (iii) any plan limits, product disclaimers or other restrictions presented to you on the Domain Name Registration Services landing page of this Site.
This Agreement may change over time, either through amendments by us, changes to ICANN policy or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. We reserve the right, upon notice to you, to modify any provisions of this Agreement at any time at our discretion and without liability to you. Modifications by us are effective thirty (30) days after notifying you via email to the address you have supplied us, or immediately via notice and acceptance through our Site. Modifications resulting from law or policy change will be effective upon their effective date. After such changes or modifications have been made, your continued use of the Site or Services constitutes your agreement to be bound by this Agreement as last revised.
If you do not agree to the modifications, you may terminate this Agreement at any time by providing us with notice by email, and/or by transferring your domain name registration(s) to another registrar. Notice of your termination will be effective upon receipt and processing by us, but is subject to your having paid in full any and all fees or other expenses due and payable by you to us. Any fees paid by you if you terminate the Agreement are nonrefundable, but you will not incur any additional fees unless they are owed to us for any unpaid services.
ICANN has developed a webpage that identifies important registrant rights and responsibilities. The document provides a "plain language" summary of terms related to Registrant Rights and Responsibilities as set out in the Registrar Accreditation Agreement (RAA). Please review these important Registrant Rights and Responsibilities. The summary of terms within this document do not override or replace the terms set forth in the RAA or within those specifications or policy.
You must create an account to use the Services ("User Account") described herein. As described in the UTOS, it is your responsibility to ensure that the information connected to your User Account is accurate, current and complete -- and updated immediately upon any change. Failure to provide and maintain current and complete information may result in suspension and/or cancellation of your domain name registration(s).
You must provide certain current, complete and accurate information with respect to your User Account with respect to the WHOIS information for your domain name. You must submit the following information with respect to you, the administrative, technical, and billing contacts for your domain name registration: name, postal address, e-mail address, telephone number, and where available, fax number. ICANN and/or any government may establish or modify the 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, and the manner in which such information is made available.
We will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry administrator(s), and to other third parties as ICANN and/or applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services. We may make publicly available, or directly available to third parties, some or all of the information You provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws, including by way of bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with Us. You irrevocably waive any and all claims and causes of action you may have, if any, arising from such disclosure or use of such information.
Unless otherwise noted, the provisions in this Section are generally applicable to all TLDs that we offer. Special provisions specific to any gTLD or ccTLD are identified elsewhere below in this Agreement, and/or at the applicable Registry Policy webpage.
Registry Policies. You agree to be bound by all Registry Policies applicable to your domain name registration (at any level of the DNS). IT IS YOUR RESPONSIBILITY TO VISIT THE APPLICABLE TLD SITE AND READ AND REVIEW ALL APPLICABLE REGISTRY POLICIES PRIOR TO YOUR REGISTRATION IN THE TLD. REGISTRY POLICIES FOR EACH TLD GENERALLY CAN BE FOUND BY VISITING THE NIC.[TLD] DOMAIN NAME (e.g., NIC.biz).
Third Party Beneficiaries.Notwithstanding anything in this Agreement to the contrary, the Registry Operator of the TLD in which the domain name registration is made is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of the Registry Operator have vested and that the Registry Operator has relied on its third party beneficiary rights under this Agreement in agreeing to Sav being a registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.
Registration Requirements. To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you must provide to us complete and accurate information to satisfy all such requirements. By submitting an application or registering or renewing your domain name, you represent and warrant that: (a) all information provided to register or renew the domain name (including all supporting documents, if any) is true, complete and correct, and is not misleading in any way, and the application is made in good faith; (b) you meet, and will continue to meet, the eligibility criteria prescribed in the Registry Policies for the applicable TLD for the duration of the domain name registration; (c) you have not previously submitted an application to register the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application; (d) you acknowledge and agree that even if the domain name is accepted for registration, your entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name; (e) any confidential information is redacted from the materials that you send to us, as we cannot guarantee confidentiality of such information particularly insofar as it must be shared with the Registry Operator and other third parties; and, (f) you acknowledge and agree that the Registry or the registrar can suspend, cancel and/or transfer the registration of the domain name, without any refund, if any of your warranties or representations are found to be untrue, incomplete, incorrect or misleading.
ICANN Requirements.You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which each applicable Registry Operator has monitoring responsibility in accordance with the Registry Agreement between ICANN and itself or any other arrangement with ICANN.
Legal Processes.We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your responsibility to list accurate contact information in association with your Account and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you. Our policy is to comply with court orders from courts of competent jurisdiction as well as UDRP and URS Panel decisions. If you contact us informing us that you are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to, place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us that you are contesting an adverse UDRP or URS Panel decision, your time limits and procedures to do so are subject to the requirements set forth in the UDRP or URS. We will not delay implementation of a UDRP or URS Panel decision based solely on your informing us that you intend to contest the decision.
Indemnification of Registry.You agree to indemnify, defend and hold harmless (within 30 days of demand) the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorneys’ fees and expenses, in any way arising out of, relating to, or otherwise in connection with the your domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without the Registrar’s or Registry Operator’s prior written consent, which consent shall not be unreasonably withheld, and you agree that these indemnification obligations shall survive the termination or expiration of the Agreement for any reason. IN NO EVENT SHALL THE REGISTRY OPERATOR BE LIABLE TO YOU OR ANY OTHER PERSON FOR ANY DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, SPECIAL, EXEMPLARY OR PUNITIVE DAMAGES, INCLUDING LOSS OF PROFIT OR GOODWILL, FOR ANY MATTER, WHETHER SUCH LIABILITY IS ASSERTED ON THE BASIS OF CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, ANY BREACH OF THIS AGREEMENT OR ITS INCORPORATED AGREEMENTS AND POLICIES YOUR INABILITY TO USE THE DOMAIN NAME, YOUR LOSS OF DATA OR FILES OR OTHERWISE, EVEN IF THE REGISTRY OPERATOR HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
Regulated TLDs. For domain name registration in any “Regulated” TLD, you acknowledge and agree your registration is subject to the following additional requirements: (a) comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures; and, (b) if you collect and maintain sensitive health and financial data, then you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show; .theater; .town, .city, .reise, and .reisen
Highly Regulated TLDs. In addition to the requirements for Regulated TLDs, domain name registration in any “Highly-Regulated” TLD is subject to the following requirements: (a) you will provide administrative contact information, which must be kept up‐to‐date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or Industry self‐regulatory, bodies in their main place of business; (b) you represent that you possess any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly‐Regulated TLD; and (c) you will report any material changes to the validity of your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly‐Regulated TLD, to ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers they serve. Highly Regulated TLDs include: .abogado, .attorney, .bank, .bet, .bingo, .casino .charity (and IDN equivalent), .cpa, .corp, creditcard, .creditunion .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery .university, .vermogensberater, .vesicherung, and .wtf. For .doctor, registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable license.
Special Safeguard TLDs. In addition to the requirements for Regulated and Highly-Regulated TLDs, by registering a domain name in any “Special-Safeguard” TLD, you agree to take reasonable steps to avoid misrepresenting or falsely implying that you or your business is affiliated with, sponsored or endorsed by one or more country's or government's military forces if such affiliation, sponsorship or endorsement does not exist. Special Safeguard TLDs include: .army, .navy, .airforce
Potential Restriction on Availability of Privacy or Proxy. You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. In such case, you must register for any and all TLD registrations using your personal information, which information you represent and warrant is current, accurate and complete.
Agents and Licenses: If you are registering a domain name for or on behalf of someone else, you represent that you have the authority to and will bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at law and under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights or other rights.
Free Services.In consideration for providing additional optional Services for which we do not charge an additional fee, including, but not limited to, free trials, URL forwarding, email forwarding, free parking page, free website hosting, free email services, or other free services which we may introduce from time to time (as such list may be modified by us from time to time) ("Free Services"), we may display advertising in conjunction therewith through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, appendices to emails, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. You will not be entitled to any of the proceeds we may earn as a result of such advertising. We may discontinue any Free Services at any time with or without providing you prior notice.
From time to time we also may provide you with free or low-cost domain name(s) registration services ("Promotional Name(s)"). If we do so, the services for the Promotional Name(s) will be placed in the same Account as your other domain name(s) and you will be listed as the registrant, though we may point the Promotional Name to IP address(es) of our choosing. If you want to assume control over the services provided to the Promotional Name, including the right to transfer or push the Promotional Name service to other registrars or other Accounts or the ability to control the DNS settings for the Promotional Name, you must pay the promotional registration fee or renewal fee, if any, and the terms of this Agreement will apply to such Promotional Name(s). If you do not want the Promotional Name services, you may request that you be removed as the registrant of such Promotional Names and we may be listed as the domain name registrant or we may delete such domain names or make them available to others. For any domain name services, including these Promotional Names, for which you are listed as registrant but for which you do not pay the registration or renewal fee, we may assign name-servers to the domain name and point the domain name to IP address(es) designated by us until the registration or renewal fee is paid.
Term and Termination. We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or a Service renewal, or upon notice to you as set forth herein. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct or infringement of any third party intellectual property right or other right, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over fifteen (15) calendar days, (vii) failure to comply with ICANN or registry policies, or (viii) if your use of the Services involves us in a violation or alleged violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email or the violation or alleged violation of any intellectual property right or other right. No fee refund will be made when there is a suspension or termination of Services for cause.
At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via mail or email, at our option, to the WHOIS contact information provided in association with your domain name registration. Following notice of termination other than for cause, you must transfer your domain name within such thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, we may terminate or suspend all Services provided through your Account.
You agree to pay any and all prices and fees due for Services purchased or obtained at this Site at the time you order the Services. Sav expressly reserves the right to change or modify its prices and fees at any time, and such changes or modifications shall be posted online at this Site and effective immediately without need for further notice to you. If you have purchased or obtained Services for a period of months or years, changes or modifications in prices and fees shall be effective when the Services in question come up for renewal as further described below.
In general, fees for all Services are paid in advance and are non-refundable. You agree that you will not attempt to chargeback credit card payments for non-refundable services, and you will be liable for all costs incurred by us in disputing any such chargeback attempt, including our reasonable attorneys’ fees. In particular, all premium and auction domain name purchase prices and registration fees are non-refundable. Please see our “Refund Policy” section of the UTOS for the specific services that may be subject to refund of payment, in certain specific circumstances. For all other terms and conditions relating to fees, payment, refund and billing, etc. applicable to the Services offered under the scope of this Agreement, please refer to the “Fees and Payments” section of our UTOS.
It is your responsibility to keep your own records and to maintain your own reminders regarding when your domain name registration or other Services are set to expire. You agree that we may, but are not obligated to, allow you to renew your domain name after its registration term has ended and its expiration date has passed, provided that you have timely paid all required renewal fees. Domain name renewal fees are non-refundable. It is your responsibility to keep your billing information up to date and we are not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully.
You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including without limitation to an IP address which hosts a parking, under construction, or other temporary page that may include promotions and advertisements for, and links to, the Sav Site, third-party websites, third-party product and service offerings, and/or Internet search engines and/or advertisements, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
Sav may, but is not obligated to, provide our customers with a "Grace Period" after their domain name registration services expiration date(s) (a "Grace Period" begins on the day after the date of expiration and typically lasts 30 days). Notice of the expiry will be included in notices that are emailed to you. During this period you can renew a domain name registration; however, a grace period is not guaranteed and can change or be eliminated at any time without notice.
Please note that Sav is obligated to pay the Registry for all domain renewals on the day the domain name expires, if it has not been renewed by a customer prior to the expiration date. We therefore take ownership of expired domains until such time as they are renewed, auctioned, sold, or deleted -- in our sole discretion as owner of the expired domain name.
If an expired domain name is not timely renewed by you, rather than delete the domain name registration, we may, in our sole discretion, attempt to find a third party who is interested in registering, purchasing, or back ordering the domain name, and then renew and transfer the domain name registration to that third party. This renewal and transfer process is called a domain sale or "Direct Transfer” or “Transfer Fulfillment."
Registry Operators may provide registrars with the ability to "redeem" a deleted domain name registration for a customer, and we in turn may (but are not obligated to) provide customers with an ability to redeem a particular domain name registration. Such a Redemption Grace Period (RGP) is not guaranteed, indeed it is not offered by many Registry Operators. Therefore, customers should renew their domain name registration services in advance of the domain name registration expiration date(s) to avoid deletion of domain name registration services. Currently, some Registry Operators provide an RGP for 30 days from the date of deletion. If we decide to provide the redemption service to a customer, we charge a fee of $300.00 US to redeem plus a renewal fee to renew a domain name registration during the RGP. If the domain name registration is not redeemed by the expiration of the RGP, then it then may be placed on "Pending Delete" status for five additional days, after which it is deleted and the domain name character string is then once again available for registration by anyone.
Grace Periods and Redemption Grace Periods vary for different TLDs. Please refer to the specific Registry Policy for the applicable TLD. In the event there is a conflict between the provisions of this paragraph and the Registry Policy, the Registry Policy shall control.
In the event that a domain name registration is the subject of a Uniform Domain Name Dispute Resolution Policy (UDRP) proceeding and expires or is deleted during the course of the dispute, the party that filed the UDRP proceeding has the option to renew or restore the domain name registration under the same commercial terms as the original customer. If the case ultimately is terminated or the UDRP panelist finds against the filing party, then the domain name may be deleted within 45 days or renewed by Sav or by the customer within the grace period described above (if applicable).
All renewals are subject to the terms of this Agreement and the UTOS (where applicable), and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. For more information concerning pricing and terms for domain name renewals please refer to the UTOS. You agree that Sav will not be responsible for cancelled domain names that you fail to renew.
Automatic Renewal.Domain names are registered for fixed periods and are subject to renewal any time during a valid registration prior to the domain registration expiration date. Upon registration, domain names default to automatic renewal. We will attempt to automatically renew the domain name registration approximately on the day of domain name registration expiration date, via any payment method(s) you have provided to us. Please note the time frames can greatly vary among various TLDs. For more information concerning our automatic renewal and payment policies, please refer to the UTOS.
If you have opted-out of the automatic renewal feature for a domain name registration, then we still may send periodic notifications alerting you that your domain name registration services will expire on a certain date. It is important that all of our email addresses are white listed and protected from spam or junk mail blocking, and that you maintain a valid, regularly utilized email address in your User Account. In the event a domain name is not renewed by the expiration date, the domain name may be subject to deletion, transfer and/or resale at any time.
Manual Renewal. If you have elected to opt-out of automatic renewal and cancel the domain name registration, effective at expiration of the then current term, then you still may elect to manually renew the domain name at any time prior to its expiration date, by logging into your User Account and manually implementing the renewal. If you fail to manually implement the renewal before the expiration date, then the domain name may be subject to deletion, transfer and/or resale at any time.
Renewal of Additional Domain Name Services. If you signed up for privacy services, protected registration, or any other similar service, along with your domain name registration, then these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional, non-refundable renewal fee unless you cancel in advance.
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Sav.
Transfers.Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available here, including the Registrar Transfer Dispute Resolution Policy, available here -- as they may be amended from time to time. If you will transfer a domain to Sav that is currently registered with another registrar, then there may be certain confirmations and procedures required by the transferring registrar in order to complete the transfer process, such as responding to emails acknowledging the transfer request. You explicitly authorize us to act as your "Designated Agent" (as defined in ICANN's transfer policy) to approve each "Change of Registrant" (as defined in ICANN's transfer policy) on your behalf.
You understand that Sav is only responsible for the submission of the registrar transfer request to the registry, and the adding of the domain name to Sav’s registrar database upon a successful transfer. Sav is not responsible for any action required by the previous registrar or by their customer to either facilitate the transfer or expedite it. Transfers may take from one day to several days depending on the processes of the current registrar. Due to the time constraints involved, Sav does not recommend that You request a registrar transfer within thirty (30) days of the expiration date of the affected domain name.
In order to protect your domain name, any domain name registered with Sav or transferred to Sav automatically shall be placed on lock status for 60 days. The domain name must be manually placed on unlock status in order to initiate a transfer of the domain name away from Sav to a new Registrar. You may log into your User Account at any time more than 60 days after your domain name has been successfully transferred to Sav, and change the status to unlock.
Without limitation, domain name services may not be transferred within sixty (60) days of initial registration, within sixty (60) days of a transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the procedures for both gaining and losing registrars as outlined in ICANN's transfer policies. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
You understand that transferring of a domain not owned by you results in Sav performing customer service functions and often paying the previous registrar to transfer the domain back on behalf of the rightful owner. You agree to pay a transfer reversal fee of $500.00 for any registrar transfer affecting a domain name for which you are not the valid owner.
You agree to submit to proceedings commenced under the Uniform Domain Name Dispute Resolution Policy ("UDRP"), the Uniform Rapid Suspension policy (“URS”, if applicable), and all other Registry Policies relating to disputes, including without limitation ccTLD policies analogous to the UDRP. You further acknowledge that these may be modified from time to time by ICANN and/or Registry Operators.
You agree that in the event a domain name dispute arises with any third party, you will indemnify, defend and hold us harmless pursuant to the terms and conditions set forth below in this Agreement.
It is your responsibility to list accurate contact information in association with your account, and to communicate with litigants, potential litigants, and governmental authorities. It is not our responsibility to forward court orders or other communications to you.
If Sav is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Sav, then Sav in its sole discretion may take whatever action Sav deems necessary regarding modification, cancellation or transfer of the domain name in order to comply with the actions or requirements of the governmental, administrative or judicial body.
You represent and warrant to the best of your knowledge that, the registration of the domain and the manner it is directly or indirectly used, will not infringe the legal rights of any third party, violate any applicable law, regulation or decree of any government or court, nor otherwise violate any provision of this Agreement.
Your ability to use any of the services provided by Sav is subject to cancellation or suspension in the event there is an unresolved breach of this Agreement and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN or any government or Registry Operator.
You acknowledge and agree that Sav and the Registry Operator reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Sav or the registry: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to protect the integrity and stability of, pr correct mistakes made by, any domain name registry or registrar, (iii) for the non-payment of fees to registry or registrar, (iv) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (v) to comply with any applicable ICANN rules or regulations, including without limitation, the applicable TLD Registry Agreement, (vi) to avoid any liability, civil or criminal, on the part of registrar or Registry Operator, as well as their affiliates, contractors, subsidiaries, officers, directors, and employees, (vii) per the terms of this Agreement, including upon occurrence of any of the prohibited activities described herein, or (ix) during the resolution of a dispute.
You agree that your failure to comply completely with the terms and conditions of this Agreement, or of any Sav rule or policy, may be considered by Sav to be a material breach of this Agreement and Sav may immediately terminate this Agreement, and your domain name registration may be immediately suspended, cancelled and/or transferred. In our sole discretion, Sav may provide you with notice of such breach via email to the address you have provided us. In that event, if you do not provide Sav with material evidence that you have not breached your obligations to Sav within ten (10) business days, then Sav may terminate its relationship with you and take any remedial action available to Sav under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, suspending, cancelling or transferring the registration of any of your domain names and discontinuing any services provided by Sav to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
Sav's failure to act upon or notify you of any event which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
If you are hosting your domain name system (“DNS”) on Sav’s servers, or are using our systems to forward a domain name, URL, or otherwise to a system or site hosted elsewhere, or if you have your domain name registered with Sav, you are responsible for ensuring there is no excessive overloading on Sav’s servers. You may not use Sav’s servers and your domain name as a source, intermediary, reply to address, or destination address for mail bombs, Internet packet flooding, packet corruption, or any other attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Sav reserves the right to immediately deactivate your domain name from its DNS if Sav in its sole discretion deems it to threaten the stability of Sav’s network.
You agree that Sav, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Sav also may in its sole discretion and without liability to you delete the registration of any domain name during the first thirty (30) days after registration has taken place.
In the event Sav refuses a registration or deletes an existing registration during the first thirty (30) days after registration, you will receive a refund of any fees paid to Sav in connection with the registration either being cancelled or refused. In the event Sav deletes the registration of a domain name being used in association with spam or morally objectionable activities, or any other breach of this Agreement, then no refund will be issued.
Choosing Your Domain Name Settings.After you register a domain name with Sav, you will be prompted to choose your domain name settings. If you plan on using another provider for your website or hosting needs, then you should enter the name servers of such provider when you choose your domain name settings. This will direct your domain name away from Sav’s name servers.
Sav’s Default Settings. If you do not direct your domain name away from Sav’s name servers as described above, then Sav will direct your domain name to a “Parked Page” (“Default Setting”). You acknowledge and agree that Sav has the right to set the Default Setting.
Parked Page Default Setting. All domain names registered through Sav which do not specify a DNS may be pointed to a "Coming Soon," For Sale, Search, and/or special Idle Web page which informs visitors that the registrant has recently registered their domain name at Sav. These web pages may be modified at any time by Sav without prior notice to you and may include such things as, without limitation (i) links to additional products and services offered by Sav, (ii) advertisements for third party products and services.
Changing Sav’s Default Settings. You may change Sav’s Default Settings at any time during the term of your domain name registration.
Content Displaying On Your Parked Page. You cannot modify the content displaying on your Parked Page.
Backordering. You agree a domain name that has expired shall be subject first to a grace period and/or redemption grace period, depending on the Registry Policies of the TLD. During this period of time, the current domain name registrant may renew the domain name and retain registration rights. Upon expiration, it is possible that a third party registers your desired domain name before us. We can not guarantee your backorder will result in you obtaining the domain name.
You may backorder any domain name under the top level domains that we support. If your backorder is successful, you will be charged the then-current registration rate for the captured domain. If we are able to register the domain and you are the only user who requested that domain, then you only pay the registration cost for that domain.
If multiple users submitted backorder requests for a domain we capture, then we start a simple 10 day auction. All backorder auctions start at the registration cost, and anyone can bid on an auction. The user who placed the first backorder is automatically making the opening bid. If the payment method for that user is unable to be charged, then we may assign the opening bid to a different user. You only pay when we are able to capture a requested domain or you win an auction.
Transfer Validation. A transfer validation service may be provided to help you keep your domain name secure. By choosing to use the service, if available for your domain name, you are making an explicit and voluntary request to us to deny all attempts to transfer your domain name to another registrar, or to move your domain name to another account, unless you verify each request as described herein. You will provide us with a contact name, phone number and PIN for domain transfer validations. You will be contacted by us when a domain transfer is requested for a domain name in your User Account. When we receive a transfer request, we will call you to verify the transfer request. The transfer will be denied if: (1) we cannot reach you with seventy-two (72) hours of receipt of the transfer request; and/or (2) you do not provide the proper PIN. When we receive a change of account request, we will call you to verify the change request. The change(s) will be denied if: (1) we cannot reach you with seventy-two (72) hours of receipt of the transfer request; and/or (2) you do not provide the proper PIN. Availability of Services are subject to the terms and conditions of this Agreement and each of our policies and procedures. We shall use commercially reasonable efforts to attempt to provide certain portions of the Services on a twenty-four (24) hours a day, seven (7) days a week basis throughout the term of this Agreement and other portions of the service, during normal business hours. You acknowledge and agree that from time to time the Services may be inaccessible or inoperable for any reason, including, without limitation: (i) equipment malfunctions; (ii) periodic maintenance procedures or repairs that we may undertake from time to time; or (iii) causes beyond the reasonable control of us or that are not reasonably foreseeable by us, including, without limitation, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures. You acknowledge and agree that we has no control over the availability of the service on a continuous or uninterrupted basis.
DNS.Sav allows you to manage your DNS. Our DNS service is provided by Cloudflare, and is offered “as is”, “as available”, and “with all faults”, and we assume no liability or responsibility regarding the same. The service may not be available for all domain names, and it may not import your DNS settings completely or correctly. You must verify any imported DNS settings. By using our DNS service, you will be utilizing Cloudflare’s nameservers, and you expressly agree to Cloudflare’s Terms of Service.
In addition, you specifically acknowledge and agree that we shall have no liability or responsibility for any:
Service interruptions caused by periodic maintenance, repairs or replacements of the Global Nameserver Infrastructure that we may undertake from time to time;
Service interruptions caused by you from custom scripting, coding, programming or configurations;
Service interruptions caused by you from the installation of third-party applications;
Service interruptions that do not prevent visitors from accessing your website, but merely affect your ability to make changes to your website, including but not limited to, changes via mechanisms such as file transfer protocol (“FTP”) and email; or
Service interruptions beyond the reasonable control of us or that are not reasonably foreseeable by us, including, but not limited to, power outages, interruption or failure of telecommunication or digital transmission links, hostile network attacks, network congestion or other failures.
We prohibit the running of a public recursive DNS service on any server. All recursive DNS servers must be secured to allow only internal network access or a limited set of IP addresses. We actively scan for the presence of public recursive DNS services and reserves the right to remove any servers from the network that violate this restriction.
DNSSEC. If your Services include Domain Name System Security Extensions (“DNSSEC”), you will be able to secure your domain names with DNSSEC. DNSSEC is designed to protect you from forged DNS data so “hackers” cannot direct visitors to your website to a forged site.
DNSSEC works by using public key cryptography. You acknowledge and agree that if the keys do not match, a visitor’s lookup of your website may fail (and result in a “website not found” error) and we assume no liability or responsibility regarding the same. In addition, DNSSEC responses are authenticated, but not encrypted. You acknowledge and agree that DNSSEC does not provide confidentiality of data, and we assume no liability or responsibility regarding the same.
Privacy Protection. The privacy protection service generally allows you to: (i) replace your personal details in the WHOIS Directory with the details of PrivacyProtection.com LLC; and (ii) forward inquiries from a webform at PrivacyProtection.com, to your email address on file with us. There may be a gap in time from your initial registration, before PrivacyProtection.com becomes listed as registrant. During that time, your real WHOIS information will be publicly displayed.
Once PrivacyProtection.com LLC is listed as the registrant, that privacy protection service forwards all email and phone inquiries to that webform, which are then forwarded to you by email to the address you have on file with us. These features are intended to prevent domain-related spam; and protect your identity from third-parties. You acknowledge and agree that you may not be permitted to purchase private or proxy TLD registrations in certain markets, countries and territories or for certain TLDs. Your use of Privacy Protection is subject to and governed by the terms of the PrivacyProtection.com LLC Domain Name Privacy Agreement.
WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c) INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS (US$400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
You hereby release and agree to indemnify, defend, and hold us, ICANN, the registry operators, as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties, covenants or obligations set forth in this Agreement, the Services provided hereunder, or your use of the Services, including, without limitation, infringement or alleged infringement by you, or by anyone else using the Services, of any intellectual property or other right of any person or entity, or from the violation or alleged violation of any of our or ICANN's operating rules or policies relating to the Services provided. We may seek written assurances from you in which you promise to indemnify, defend, and hold us harmless from the costs and liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This indemnification is in addition to any indemnification (a) required under the UDRP, URS, or any other ICANN policy or any policy of any relevant registry; or (b) set forth elsewhere in this Agreement.
YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST EIGHTEEN (18) YEARS OLD AND BY USING THE SERVICES, YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST EIGHTEEN (18) YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
You are bound by all ICANN consensus policies and all policies of any relevant registry, including but not limited to: (i) the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available here; (ii) the Uniform Rapid Suspension System ("URS"), which is available here; (iii) the UDRP Rules, URS Rules and all Supplemental Rules of any UDRP and/or URS provider and (iv) any similar ccTLD Registry Policy. These policies may be changed by ICANN (or ccTLD Registry Operator) at any time. If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in such policies in effect at the time your domain name registration is disputed by the third party. In the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions of the UDRP and URS, in addition to the terms of this agreement. If you or your domain name is the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate.
Except as otherwise set forth in the UDRP, URS, or any similar ccTLD Registry Policy, with respect to any dispute over a domain name registration, 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 Illinois, as if the Agreement was a contract wholly entered into and wholly performed within the State of Illinois.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement, interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate, shall be determined by arbitration in Chicago, Illinois, before one arbitrator. The arbitration shall be administered by the American Arbitration Association pursuant to its Commercial Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction.
YOU AND WE AGREE THAT EACH MAY BRING CLAIMS AGAINST THE OTHER ONLY IN AN INDIVIDUAL CAPACITY, AND NOT AS A CLASS MEMBER IN ANY FORM OF A CLASS PROCEEDING. Further, unless both you and we expressly agree otherwise in writing, the arbitrator may not consolidate more than one person's claims, and may not otherwise preside over any form of a class proceeding. This clause shall not preclude parties from seeking provisional remedies in aid of arbitration from a court of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name WHOIS information.
Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party, not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i) of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii) where we are located, currently those State or federal courts whose geographic districts include Chicago, Illinois.
This Agreement, along with all policies and the applicable product agreements identified above and incorporated herein by reference (collectively, the “Agreement”), is executed in the English language. To the extent any translation is provided to you, it is provided for convenience purposes only, and in the event of any conflict between the English and translated version, where permitted by law, the English version will control and prevail. Where the translated version is required to be provided to you and is to be considered binding by law (i) both language versions shall have equal validity, (ii) each party acknowledges that it has reviewed both language versions and that they are substantially the same in all material respects, and (iii) in the event of any discrepancy between these two versions, the translated version may prevail, provided that the intent of the Parties has been fully taken into consideration.