Unless described in this Policy, we will not give any information about you to others without your express permission.
When you, or any person or entity on whose behalf you act, uses the Site, you explicitly agree to our privacy policies described in this agreement. If you do not agree with these terms, you must stop using the Site.
Your Personal Information
We collect certain data from you whenever you visit our site and store this information in log files, such as the type of browser used, who your Internet service provider is, your IP address, pages viewed, links clicked, and for how long you visited portions of the Site. We may utilize this information together with other data to improve your user experience.
Personally Identifying Information
For billing and account maintenance, it is important for us to store certain personal information about you and your account. This includes your full name, address, office and mobile telephone numbers, e-mail addresses, and physical addresses, and credit card or debit card information.
We may use personal information in the following ways:
- If required by a third party service provider, and if so, we will share only the data necessary to provide to you the service you requested. For instance, for provision of web hosting or e-mail services, we may need to share your personal information;
- To personalize your experience with our Site, send you newsletters, respond to queries, or provide to you marketing or survey information;
- For business analysis purposes, audits, billing, and the development of new products and services to better serve you;
- For customer service and support queries; and
- To process any payments from you.
When Your Personal Information May Be Disclosed
We may disclose your personal information to others only in the following ways and under the following circumstances:
- To third party service providers and our business affiliates who provide services for you through our Site, to allow them to process payments, establish services, perform audits and other similar business-related circumstances;
- When you request information from third party vendors that work with our Site;
- To any purchaser of the Site if the Site is sold or reorganized;
- To comply with any applicable law, including foreign laws if they apply;
- To comply with any form of properly issued subpoena or legal process;
- To respond to requests from public or governmental authorities, including law enforcement, inside and outside your country;
- To enforce the terms and conditions of our Site;
- If we deem necessary, to protect the safety of any person or the public or to prevent or stop any activity that we deem to be illegal or unethical; and
- Whenever necessary to comply with ICANN’s rules and procedures.
We will cooperate with law enforcement in our sole discretion. Because we value our privacy, we will inform you of any request for your personal information on a prompt basis, unless we are prohibited by law from informing you of the request. For instance, upon receipt of National Security Letters issued by the FBI, we will generally have to comply with the provision of information and will, by law, not be able to disclose to you the fact that a request for your information has been made.
By submitting personal information to us, you also agree to allow us to transfer this data outside of the United States for any of the purposes described in this policy.
Other Information We Collect
Other information we collect that does not have anything to do you with your personal information includes:
- Cookie data, pixel tags, and other information derived from scripts
- Demographic information about you and the location of your IP address
- Browser data
- Click through information
- Referral information contained in our web server logs
- Other data that is routinely logged on our web server as a matter of course
From time to time, we may use this data for analytical purposes, such as determining the countries and locations from which most of users come, identifying commonly used web browsers, figuring out the percentage of mobile users, and other purposes that allow us to provide to you better and more tailored services on our Site.
Because this information does not identify you, we may disclose this data to third parties or use it for other purposes. If we combine non-personal information with personal information, we will always treat this data as personal information in the manner above.
- Track and maintain items in your shopping cart;
- Understand the usage of our Site better;
- Ensure that you stay signed-in to your account when requested;
- Track e-mail marketing; and
- To generally improve user experience on the Site
Third Party Websites
It is likely that you may click on links or social media widgets on our Site that lead you to external websites. We have no control and no responsibility for these third party websites or their privacy or information security practices.
Please know that a link from our Site to another website does not in any way mean that we endorse or support these third party websites.
Oxygen.nyc works with third parties to provide to you certain services and we partner with others to provide advertising and analytics. Some of these partners may use their own cookies and scripts to collect information about your online activity. This information is generally used to better understand how the Site is being used and to deliver personalized information and content to you. Please know that we are not responsible for these third parties and how they handle data.
Privacy of Children
We comply with US COPPA laws and do not collect personal information from visitors under thirteen (13) years of age. If we find accounts on our Site that belong to someone under thirteen (13) years of age, we will terminate the account and delete any personal information associated with the account.
To protect your privacy, we employ appropriate physical and technical means to protect your personal information. We use security measures to protect against the loss, misuse or alteration of the information under our control. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
We follow generally accepted standards to protect the personal information transferred to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security.
Your Rights to Your Data
If you prefer to opt out of Oxygen.nyc’s use of personal information for marketing purposes, we will comply with your request as soon as possible. Instructions for unsubscribing from these communications can be found at the bottom of each e-mail.
We will retain your personal information only for the period necessary to satisfy the policies and purposes set forth in this policy or unless required to do so by law.
If you need to contact us
Should you have any questions about this policy, Oxygen.nyc can be reached at email@example.com. We will return your e-mail as soon as possible.
We can also be reached by regular mail at:
New York, New York 10018
Copyright © 2016 Oxygen NYC. All Rights Reserved.
These Terms and Conditions are made by and between Rabbitsfoot.com LLC d/b/a Oxygen.nyc, a corporation organized under the laws of the State of the New York ("Oxygen") and you and your heirs, agents, successors and assigns (collectively, "Customer"), and is made effective as of the date of acceptance.
This agreement sets forth the terms and conditions of your use of our products and services ("Services").
Your acknowledge and agree to be bound by these Terms and Conditions along with any other applicable Service Agreements that may be found at Oxygen.nyc/legal, including the following:
- Oxygen’s Registrar-Registrant Agreement
- Oxygen’s Cookies Policy
- Oxygen’s Domain Name Transfer Agreement
- UDRP Policy
- URS Policy
- ICANN’s Inter-Registrar Transfer Policy
- ICANN’s Transfer Dispute Resolution Policy
- ICANN’s Policies with respect to Registrant Rights and Responsibilities
The terms “we”, “us”, or “our” shall refer to Oxygen. The terms “you”, “your”, “user”, or “customer” shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
We reserve the right, in our sole and absolute discretion, to change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time with thirty (30) days’ notice. Any such changes or modification shall be effective 30 days after posting to this website, Oxygen.nyc, (“Site”) or after providing you notification by any other means.
If you do not agree to be bound by this Agreement, you must discontinue use of Oxygen’s services and Site. Your continued use of the Services after the 30-day notice period constitutes your acceptance of the Agreement.
1. Your Account
You are provided a unique account by us ("Account") which allows you to purchase, and control your Services. You represent and warrant to us that all information that you submit when your Account is created is accurate and complete. We expect you to promptly update your Account should you contact information change.
If we suspect that any information in your Account is false we may, at our sole and absolute discretion, suspend or terminate your Account and the Services therein or require you to update this information in a timely manner, after which we may elect to terminate your Account.
It is your responsibility to maintain and update your username and password which allow you to access the Services provided by us within your Account.
We are not responsible for the activity that occurs in your Account, whether authorized or not. We ask that you promptly notify us of any breach of security or unauthorized access to your Account.
We ask that you take the security of your Account seriously and adhere to best practices in terms of password generation and other information security practices. We will not be liable for any damages whatsoever incurred by you in relation to unauthorized access to your Account or Account information.
If you are entering into this Agreement on behalf of a company or other entity, you represent that you have the authority to enter into this Agreement.
If you do not agree with the terms of this agreement, you should discontinue your use of Oxygen’s services and Site.
2. Your Obligations
You represent to us that:
- You are at least 18 years of age;
- You will not violate this Agreement and will comply with all applicable laws;
- You will not use any of Oxygen’s Services for an unlawful purpose;
- You will not provide false, inaccurate, or incomplete information in your application for the Services;
- You will not violate third party trade or service marks, copyrights, patents or intellectual property rights;
- You will not use the Services for any malicious purposes, such as denial of service attacks, spreading malware, as a launching point for unauthorized access to any other system, or any other abusive activities;
- You will not conduct server hacking or promote hacking, cracking or other cybercrimes or activities;
- You will not deploy software or scripts to run on our servers that cause overload of resources or threaten the stability of the Oxygen network or any third party network;
- You will not disseminate or transmit SPAM email in violation of our SPAM policy;
- ou will not disseminate illegal, hateful, harmful, violent, racially or ethnically intolerant, abusive, obscene, pornographic, defamatory, harassing, malicious, protected material or content that otherwise violates the intellectual property rights of others;
You agree that violating the terms of this Agreement entitles us to suspend or terminate your Services.
3. Third Party Software and Services
Third parties may provide services that do not relate to Oxygen’s Services. You agree that Oxygen is not responsible for these Services whatsoever, and you agree that you will abide by the terms and conditions of these third parties.
Oxygen’s Services must be pre-paid. You agree to pay, whether upfront, on renewal, or automatic renewal the fees we charge for Services. These fees may include third party fees or ICANN fees or taxes. Oxygen’s fees are nonrefundable once the Services have been provisioned. If another agreement provides the right to refund, that agreement may apply.
Most importantly, however, you acknowledge that Oxygen does not have provide Services if:
- You violated this Agreement and that resulted in termination;
- You violated Oxygen’s Registrar-Registrant Agreement and that resulted in termination;
- When termination of third party services is beyond the control of Oxygen;
- When technical or administrative problems are beyond our control, such as problems with an Internet registry, government, natural disaster, or if there is a change in law or policy that prevents Oxygen from providing Services;
- You falsify account information;
- You falsify payment information;
- You used third party funds to pay without authorization to do so;
- You infringe on another’s intellectual property or legal rights;
- You used our Services in furtherance of a crime;
- ou used our Services to harass or discriminate against others;
- Your own errors or omissions;
5. Payment Methods
Oxygen accepts several different methods of payment, such as Paypal, credit cards, bank or wire transfer, and others. In the future, Oxygen may elect to accept bitcoin or other forms of electronic currently in accordance with applicable laws. Oxygen may direct which forms of payment we require from you if there is a history of problems on your account with one form of payment over another. To verify accounts, we may also require you submit documentation, such as a driver’s license or other form of identification.
We ask that you contact Oxygen if you have a problem with a Service or bill before instituting a chargeback. If you perform a chargeback, we have the right to suspend Services because, at that point, we will not have received payment for the Services. Depending on the nature of the Services at issue, we may require an administrative fee to restore Services. This is to be charged at our discretion, ranging from 40 USD to 200 USD for disputes that have taken considerable time and effort to resolve.
7. Renewal and Expiration of Services
Renewals are your responsibility even if you utilize Oxygen’s auto-renewal features. It is up to you to renew your own Services prior to the due date for fees. We will try to notify you via e-mail when services are about to expire and provide to you advanced notice as well. Not all Services have the same renewal or due date for fees and it is your responsibility to ensure fees are paid by the appropriate date. You also acknowledge that there are different fees to restore a domain name and that payment on the exact day due may result in suspension, cancellation, or loss of a domain or Services. Also, if you utilize auto-renewal features, once payment is processed, these fees are non-refundable.
If your account is suspended for non-payment or an overdue balance, Oxygen is not responsible for the loss of any data, services business, or any other damages that arise from or in connection with the termination or suspension of your Services.
Oxygen auto-renewal is designed to help its customers avoid termination or disruption of Services by billing for renewal sixty (60) days in advance of the final due date. It is your responsibility, however, to make sure that payment information is up to date to allow this to happen. By utilizing auto-renewal services, you agree we are allowed to bill or charge using the payment method and information we have on file for your account. We will attempt to use whatever default payment you have specified.
If, for whatever reason, payment has failed, we will let you know via e-mail. Again, it is your responsibility to ensure that all data and information is correct to allow auto-renewal to operate.
We provide an auto-renewal service to our customers in order to assist you in ensuring the Services remain uninterrupted. If you select auto-renewal of the Services, we will attempt to renew the Services up to 60 days prior to the due date, provided that we are able to charge one or more of the payment methods listed in your Account. You acknowledge that it is your responsibility to keep your payment methods current and up to date with available funds in order to process your auto-renewals. You acknowledge that we may use credit card updating services to keep your payment method up to date, and that we may, but are not required to, contact you to update this information as well in the event that an auto-renewal attempt is declined by the payment method issuer. Oxygen is in no way liable or responsible for failure of the auto-renewal service to for any fees or Services prior to the due date.
9. Refunds, Credits, and Prepayments
If you have paid for Services that cannot be provided we may issue you a refund or a credit to your account. If a refund is issued, we may issue it by any means, whether by a credit or, if need be, via bank check. Auto-renewal fees, however, are not automatically drawn from account credits. To do so, you would need to either inform us of your intent to use account credit for an auto-renewal transaction or specify that as your temporary default payment method. Pre-payments are possible, but you must contact our support staff to arrange.
10. Account Suspension
Oxygen may terminate, suspend, or disable your account at any time and without prior notice to ensure the terms of this Agreement are not violated or to protect the integrity of its Services, its reputation, or the legal rights of third parties.
11. Term and Termination
The day you create your account is the day that this Agreement becomes active. You can terminate this Agreement by terminating your account, and this Agreement is effective as long as you have an account with Oxygen. We may have to retain certain data or information about you or your account to comply with applicable local and international laws. If we do have to retain data, we will do so in the most limited fashion possible that is compliant with the law.
12. Additional Rights
We expressly reserve the right to deny, cancel, terminate, suspend, lock, or modify any Account or Services provided under this Agreement or any other agreement with us for any reason, at our sole and absolute discretion, including, but not limited to the following: (i) to correct mistakes made in the offering and sale of the Services; (ii) to protect the stability of the Services and our systems; (iii) to address fraud and abuse issues; (iv) to comply with local, state, national, international laws, rules and regulations; (v) to comply with requests of law enforcement; (vi) to comply with a dispute resolution process; (vii) to avoid any civil or criminal liability; or (viii) to comply with registry or vendor requirements.
You agree to release, defend, indemnify and hold harmless Oxygen, any parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers, and employees from and against any and all claims, demands, liabilities, losses, damages, charges or costs, including reasonable attorney's fees, however so incurred, arising out of or related in any way to breach by you of this Agreement or otherwise relating to the Site, your Account or your use of the Services.
14. Warranty Disclaimer
OXYGEN, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES EXPRESSLY DISCLAIM ALL REPRESENTATIONS AND WARRANTIES OF ANY KIND IN CONNECTION WITH THIS AGREEMENT, THE SERVICES PROVIDED HEREUNDER, THE SITE OR ANY WEB SITES LINKED TO THE SITE, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. ALL SERVICES, AS WELL AS THE SITE, ARE PROVIDED "AS IS". YOUR SUBSCRIPTION TO, AND USE OF, OUR SERVICES AND OUR SITE ARE ENTIRELY AT YOUR RISK. YOU SPECIFICALLY ACKNOWLEDGE AND AGREE THAT NO ORAL OR WRITTEN INFORMATION OR ADVICE PROVIDED BY US, OUR SUBSIDIARIES, AFFILIATES, SHAREHOLDERS, AGENTS, DIRECTORS, OFFICERS, AND EMPLOYEES CONSTITUTE LEGAL, FINANCIAL, OR TAX ADVICE AND YOU SHOULD NOT RELY ON ANY SUCH INFORMATION OR ADVICE AS SUCH. SOME JURISDICTIONS DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, IN WHICH EVENT THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU.
15. Limitations of Liability
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE SERVICES (2) USE OF THE SERVICES, (3) INTERRUPTION OF THE SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR SERVICES OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO THE SERVICES; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND OUR CONTROL INCLUDING , BUT NOT LIMITED TO ANY ERRORS OR TECHNICAL ISSUES OF ANY DOMAIN NAME REGISTRY OR OTHER THIRD PARTY PROVIDER, (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7) OR LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD.
OXYGEN WE WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) OR FOR ANY FINANCIAL OR ECONOMIC LOSS OR FOR LOSS OF PROFITS, LOSS OF BUSINESS, DEPLETION OF GOODWILL OR SIMILAR LOSSES, LOSS OF ANTICIPATED SAVINGS OR LOSS OR CORRUPTION OF DATA OR INFORMATION, 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 AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE USE OF THE SERVICES FOR THE PAST TWELVE MONTHS.
This Agreement cannot be assigned, nor can any of your rights or duties. Oxygen, however, may assign or subcontract portions of the Services. This Agreement binds you and your successors.
17. Entire Agreement
Nothing shall supersede the words of this Agreement because it encapsulates the entire agreement between you and Oxygen. Any portion of this Agreement that may be found to be invalid are only unenforceable to extent that they are illegal, and the invalidity of one provision does not affect the validity of the Agreement as a whole. If one party waives its rights under the Agreement, that does not mean that all rights are waived.
18. Notices and Contact Information
Oxygen will provide notice under this Agreement utilizing the contact information, including your e-mail address, contained within your account. We may also utilize your Whois information for notice purposes. If we use contact information that you provide to us, delivery of notices will be deemed complete at the time of sending.
Any questions, concerns, or notices given to us can be sent to:
New York, NY 10018
Or via e-mail to: firstname.lastname@example.org
19. Governing Law
This Agreement is governed by the laws of the State of New York and subject to the exclusive jurisdiction of the federal or state courts of New York without regard to conflict of laws and principles. Disputes governed by UDRP or URS processes, or any other mandated dispute resolution process for domain name issues, shall continue to be governed by those processes.
Copyright © 2016 Oxygen NYC. All Rights Reserved.
THIS AGREEMENT CONTAINS IMPORTANT INFORMATION ABOUT YOUR RIGHTS AND REMEDIES, AND WE ENCOURAGE YOU TO READ IT CAREFULLY.
1. GENERAL INFORMATION
This Domain Name Registration Agreement (this "Agreement") is entered into by and between Rabbitsfoot.com LLC, d/b/a Oxygen.nyc, a New York limited liability company ("Oxygen"), and you, and is made effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of Oxygen’s Domain Name Registration services (the "Domain Name Registration Services" or the "Services").
Your electronic acceptance of this Agreement means that you have read, understand, acknowledge and agree to be bound by this Agreement, which incorporates by reference each of (i) Oxygen’s Terms of Service Agreement ("TOS"), (ii) all 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 pages of the Oxygen website (this “Site”). A full listing of the registry-specific TLD policies can be found on Oxygen.nyc.
The terms "we", "us," "our," or “Registrar” shall refer to Oxygen, which is sponsoring registrar for domains registered according to these terms. The terms "you", "your", "User" or "customer" shall refer to any individual or entity who accepts this Agreement. Unless otherwise specified, nothing in this Agreement shall be deemed to confer any third-party rights or benefits.
You acknowledge and agree that (i) Oxygen, in its sole and absolute discretion, may change or modify this Agreement, and any policies or agreements which are incorporated herein, at any time, and such changes or modifications shall be effective immediately upon posting to this Site, and (ii) your use of this Site or the Services found at this Site after such changes or modifications have been made shall constitute your acceptance of this Agreement as last revised. If you do not agree to be bound by this Agreement as last revised, you shall not use (or continue to use) this Site or the Services found at this Site. In addition, Oxygen may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep all information in your account up-to-date. Oxygen assumes no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate or out-of-date email address.
Oxygen is an Internet Corporation for Assigned Names and Numbers ("ICANN") accredited registrar. You acknowledge and agree that as an ICANN-accredited registrar, Oxygen is bound by an agreement with ICANN. You acknowledge and agree that Oxygen may modify this Agreement in order to comply with its agreement with ICANN, as well as any other terms and conditions set forth by (i) ICANN and/or (ii) the registry applicable to the TLD or country code top level domain ("ccTLD") in question. As used herein, the terms "registry", "Registry", "registry operator" or "Registry Operator" shall refer to the registry applicable to the TLD or ccTLD in question.
" For more information about registrar accreditation and the policies applicable to registrars ICANN has provided an educational webpage available at: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
2. THESE PROVISIONS APPLY TO ALL DOMAIN REGISTRATIONS
Unless otherwise noted, the provisions below in this Section 2 are generally applicable to all TLDs that Oxygen offers. Special provisions specific to any TLD or ccTLD (those in addition to posted Registry Policies) are identified elsewhere below in this Agreement.
(a) Registry Policies
You agree to be bound by all Registry Policies (defined above in this Agreement) applicable to your domain name registration (at any level). 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 CAN BE FOUND BY VISITING OXYGEN.NYC AND REVIEWING THE POLICIES PAGES THEREIN. 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 Oxygen being a registrar for the respective TLD. The third party beneficiary rights of the Registry Operator will survive any termination of this Agreement.
(b) Registration Requirements
To the extent any TLD or ccTLD requires you meet eligibility (e.g., residency for requirements for .NYC, .EU, etc.), validation (e.g., DNS validation) or other authentication requirements as a condition to registering a domain name in the TLD, you agree that 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 for the domain name with another registrar using the same eligibility criteria, and the other registrar has rejected the application (if applicable); (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; and (e) you acknowledge and agree that the Registry or the registrar can cancel the registration of the domain name if any of the warranties required are found to be untrue, incomplete, incorrect or misleading.
You acknowledge and agree that registration of a domain name does not create any proprietary right for you, the registrar, or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in the Registry shall not be construed as evidence or ownership of the domain name registered as a domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.
(d) 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.
(e) 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 attorney’s 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 claim for which the principles of indemnification would apply without 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.
(f) 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; (b) if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Regulated TLDs include but are not limited to:
.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, .film, .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. Additional regulated TLDs may become active as they are entered into the root zone, and you agree to comply with their registration criteria as applicable.
(g) 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 but are not limited to:
.abogado, .attorney, .bank, .bet, .bingo, .casino .charity (and IDN equivalent xn--30rr7y), .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
(h) 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 but are not limited to:
.army, .navy, .airforce
(i) Third Party Beneficiary
Notwithstanding anything in this Agreement to the contrary, the Registry Operator for any TLD in which your register a domain name 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 Oxygen being a registrar for the TLD. Third party beneficiary rights of the Registry Operator shall survive any termination of this Agreement.
(j) Variable and Non-Uniform Pricing
You acknowledge, understand and agree that certain domain names in specific TLDs are established by Registry Policies to be variably priced (i.e., standard v. premium names) and/or may have non-uniform renewal registration pricing (such that the Fee for a domain name registration renewal may differ from other domain names in the same TLD, e.g., renewal registration for one domain may be $100.00 and $33.00 for a different domain name).
(k) Restriction on Availability of Privacy or Proxy
You acknowledge and agree that, as dictated by the Registry Policies, for certain TLDs you may not be permitted to purchase private or proxy TLD registrations. In such case, you must register for any and all TLD registrations using your personal or business information, which information you represent and warrant is current, accurate and complete.
3. RENEWAL, EXPIRATION, FEES AND PAYMENTS
(a) Renewal and Expiration of Services
You acknowledge that, even though Oxygen may provide an auto-renewal service for your convenience, it is your sole responsibility to keep your own records and to maintain your own reminders regarding when your Services are set to expire to ensure that your Renewal Fees are paid prior to the due date.
Domain renewal notifications will be sent via e-mail to you or whoever is the registered owner of the the expiring domain (as determined by reference to on the domain name's Whois contact information) over three separate notices. The first e-mail will be sent approximately one month prior to a domain's expiration date. A second e-mail will be sent out approximately one week prior to a domain's expiration date. And if a domain expires and is not renewed or auto-renewed, a third and final e-mail is sent to the registrant on the fifth day post expiration. On the 36th day after expiration of a domain name (8 days prior to its deletion date on the 44th day after expiration), the DNS for that domain name will be interrupted. After the 44th day, the system issues a delete request to the registry and therefore causes the domain name to enter into the redemption grace period. At this point, the registered owner will have an additional 30 days to restore their domain at the posted domain name restore fee.
Any additional services from Oxygen in conjunction with a domain name under this Agreement, shall be renewed at the same time as your domain name.
For certain ccTLDs, the due date of your Renewal Fees may be up to sixty (60) days prior to the expiration date of the underlying domain name registration. Certain TLDs require renewal up to 60 days in advance of the domain name expiration date. It is your responsibility to pay for your Renewal Fees in advance of the due date specified by 101domain regardless of the domain name expiration date. Failure to pay your renewal fees prior to the due date may result in additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name according to the ccTLD registry’s respective policy.
You acknowledge that the default price for renewing a gTLD domain name is 178.50 USD. The default price for restoring a gTLD is 654.50 USD, which be lower depending on the gTLD at issue. Prices for renewing or restoring a registered name are at the sole and absolute discretion of Oxygen and can change without notice to you. Any price you will be charged for a renewal or restoration of a domain name can always be reviewed by logging into your account at Oxygen. Prices for renewing or restoring ccTLD domain names are determined by the prices available at the time of registration, which can also be reviewed by logging into your Oxygen account.
Additionally, you acknowledge that payment of certain ccTLDs exactly on the due date may also incur additional fees to restore the domain name, suspension, loss, cancellation, or deletion of the domain name.
Oxygen is not liable for your failure to pay the Renewal Fees prior to the due date specified by Oxygen.
Immediately after the expiration of a domain name and before the deletion of the domain name in the applicable Registry's database, you acknowledge that Oxygen may direct the domain name to name servers and/or IP addresses designated by us, including, without limitation, to no IP address or to an IP address which hosts a parking page or a search engine page that may display advertisements or other content, and you acknowledge that we may either leave your information intact or that we may change your information for the expired domain name so that you are no longer the listed as the registrant or administrative contact of the expired domain name. Any page to which a domain is redirected will conspicuously indicate that the domain name registration is expired and provide renewal instructions.
Renewal and redemption process for TLDs under ICANN Sponsorship: For a period of 44 days after the expiration of the term of your domain name, you acknowledge that Oxygen may provide a procedure by which your expired domain name may be renewed. You acknowledge and agree that Oxygen may, but is not obligated to, offer this process, called the renewal period. You acknowledge that you assume all risks and all consequences if you wait until close to, or after, the expiration of the original term of the domain name, to attempt to renew the domain name. You acknowledge and agree that we may make expired domain names available to third parties and that expired domain names may be re-registered to any party at any time.
After the redemption period, you acknowledge that:
all gTLD registries, with the exception of sponsored gTLD registries, must provide a 30-day redemption grace period immediately following the renewal period during which you may pay Oxygen a redemption fee to redeem and renew your domain name. The redemption grace period fee charged by Oxygen is $150 plus any applicable registration or renewal fees. You agree that we are not obliged to contact you to alert you that services or domain names are being terminated if you choose not to pay this fee. After the end of the redemption grace period, if you do not exercise your rights under this section, you agree that you have abandoned the domain name, and relinquish all rights to, and use of, the domain name.
You acknowledge that the renewal, redemption, and restoration processes available from ccTLD registries are varied and are subject to their own policies and procedures. In any case, Oxygen may or may not provide access to these processes with respect to ccTLDs, at its sole and absolute discretion. In any case, the fee charged by Oxygen is $150 plus any applicable registration or renewal fees for all ccTLDs paid after the due date if any redemption period, redemption grace period, reactivation or restoration process is available from the ccTLD Registry.
(b) General and Automatic Renewal Terms
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. Oxygen 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 are to be renewed as further described below.
(c) Domain Name Renewal Terms
When you register a domain name, you will have three renewal options: (i) "Automatic Renewal", (ii) "Extended Automatic Renewal", and (iii) "Manual Renewal":
- Automatic Renewal
Automatic Renewal is the default setting. Therefore, unless you select either Extended Automatic Renewal or Manual Renewal, Oxygen will enroll you in the Automatic Renewal plan. If you enroll in the Automatic Renewal plan, Oxygen will automatically renew, for a period equivalent to the length of your original domain name registration, any domain name that is up for renewal and will take payment from the Payment Method you have on file with Oxygen, at Oxygen's then current rates. Thus, if you have chosen to register your domain name for one (1) year, Oxygen will automatically renew it for one (1) year. If you have chosen to register your domain name for two (2) years, Oxygen will automatically renew it for two (2) years, and so on.
- Extended Automatic Renewal
If you enroll in the Extended Automatic Renewal plan, Oxygen will automatically renew any domain name that is up for renewal for an additional one-year period on each and every anniversary of your domain name registration, so the initial registration period will always remain intact. Thus, if you have chosen to register your domain name for two (2) years, Oxygen will automatically renew it for one (1) additional year on each and every anniversary of your domain name registration so your two (2) year registration period will always remain intact. If you have chosen to register your domain name for five (5) years, Oxygen will automatically renew it for one (1) additional year on each and every anniversary of your domain name registration so your five (5) year registration period will always remain intact, and so on. Oxygen will take payment from the Payment Method you have on file with Oxygen, at Oxygen's then current one-year domain name registration rate.
- Manual Renewal
If you do not wish that the domain name to be automatically renewed (through either Automatic Renewal or Extended Automatic Renewal), you have the responsibility of logging into the Domain Manager portion of your Account Manager for that domain name and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). If you fail to manually implement the renewal before the expiration date, the domain name will be cancelled and you will no longer have use of that name.
All renewals will be subject to the terms of this Agreement, as it may be amended from time to time, and you acknowledge and agree to be bound by the terms of this Agreement (as amended) for all renewed domains. Domain name renewals will be non-refundable. If for any reason Oxygen is not able to take the payment from the Payment Method you have on file, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep your Payment Method information current, which includes the expiration date if you are using a credit card.
You agree that Oxygen will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes indicated in this Agreement. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for privacy services, protected registration, or any other similar service, with your domain name registration, these services will automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance.
- Free Product Terms
In the event you are provided with free products with the registration of a domain name, you acknowledge and agree that such free products will only be available with a valid purchase and may be terminated in the event the domain name is deleted or cancelled. For free domain names, you acknowledge and agree that you may not change the account associated with such free domain for the first five (5) days after registration. In the event a free domain name is offered with the registration of another domain and if the paid domain name registered fails, then we may, in its sole discretion, either delete the registration of the free domain or refund the difference between the amount paid and the value of the free domain. Failed registrations associated with promotional offers may result in the deletion of the free or discounted item or an adjustment between the registered domain price and the value of the discounted item, in our sole discretion.
4. Term; Transfers; and Domain Tasting
The term of this Agreement shall continue in full force and effect as long as you have any domain name registered through Oxygen.
You agree that you will not transfer any domain name registered through Oxygen to another domain name registrar during the first sixty (60) days after its initial registration date. You agree that you may not transfer any domain name for ten (10) days after a Change of Account.
You further agree that you will not engage in "domain tasting" by using the five (5) day grace period in which a registrant may choose to cancel a domain name and get a full refund of the registration fee as a vehicle to test the marketability or viability of a domain name. If Oxygen determines (which determination shall be made by Oxygen in its sole and absolute discretion) that you have been engaging in "domain tasting", then Oxygen reserves the right to (a) charge you a small fee (which fee shall be deducted from any refund issued) or (b) refuse your cancellation/refund request altogether. Oxygen will not charge you a fee if Oxygen cancels your domain name during the five (5) day grace period due to fraud or other activity outside of your control. The five (5) day grace period does not apply to Premium Domains, which are non-refundable.
You agree that Oxygen shall not be bound by (i) any representations made by third parties who you may use to purchase services from Oxygen, or (ii) any statements of a general nature, which may be posted on Oxygen's website or contained in Oxygen's promotional materials.
5. Information; Use of Information; and Expiration of Information
You agree to notify Oxygen within five (5) business days when any of the information you provided as part of the 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 Oxygen with accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. Failure by you, for whatever reason, to respond within fifteen (15) business days to any inquiries made by Oxygen to determine the validity of information provided by you, shall also be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name. You agree to retain a copy for your record of the receipt for purchase of your domain name.
You agree that for each domain name registered by you, the following contact data is required: postal address, email address, telephone number, and if available, a facsimile number and, if different from you, the same contact information for a technical contact, an administrative contact, and a billing contact.
You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
- The domain name;
- Your name and postal address;
- The name, email address, postal address, voice and fax numbers for technical and administrative contacts;
- The Internet protocol numbers for the primary and secondary name servers;
- The corresponding names of the name servers; and
- The original date of registration and expiration date.
- Name of primary name server and secondary name server.
- Identity of the registrar.
You agree that, to the extent permitted by ICANN, Oxygen may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide.
You agree that we may at times provide information about you to third parties to provide various services on our behalf, such as processing credit card payments, serving advertisements, conducting contests or surveys, performing analyses of our products or customer demographics, shipping of goods or services, and customer relationship management. We will only share information about you that is necessary for the third party to provide the requested service. These companies are prohibited from retaining, sharing, storing or using your personally identifiable information for any secondary purposes.
You acknowledge that you must obtain consent of third parties if you are to furnish any of their personal data to Oxygen via www.oxygen.nyc. You represent that (a) you have provided notice to that third party of the disclosure and use of that party's information as set forth in this agreement, and (b) obtained the third party's express written consent to the disclosure and use of that party's information as set forth in this agreement. Such third parties shall be have the same access to alter, modify, or remove any of their personal data as provided for under this agreement.
In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by the CIRA, or any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name:
- The domain or sub-domain name(s) registered by you;
- Your organization name, type and postal address;
- The name(s), position(s), postal address(es), e-mail address(es), voice telephone number(s) and where available the fax number(s) of the technical and administrative contacts for your domain or sub-domain name(s);
- The full hostnames and Internet protocol (IP) addresses of at least two (2) name server hosts (one primary and at least one secondary) for your domain or sub-domain name. Up to six (6) name servers may be specified. If a host has more than one (1) IP address, use a comma-separated list;
- The corresponding names of those name servers;
- The original creation date of the registration; and
- The expiration date of the registration.
- We may be required to make this information available in bulk form to third parties. We may also transfer or assign this information to CIRA or such other third party as we may decide, in our sole discretion.
You acknowledge that we use security measures to protect against the loss, misuse or alteration of the information under our control. When you enter sensitive information (such as a credit card number) on our order forms, we encrypt the transmission of that information using secure socket layer technology (SSL).
You acknowledge that we follow generally accepted standards to protect the personal information transferred to us, both during transmission and once we receive it. No method of transmission over the Internet, or method of electronic storage, is 100% secure, however. Therefore, we cannot guarantee its absolute security. You may access, alter, rectify or update any information we hold about you or or opt out of receiving communications from us and our partners at any time. We have the following options for accessing and modifying your account information or contact preferences:
- You may send an email to email@example.com
- You may visit your online account via www.oxygen.nyc
- You may send mail to Oxygen at the following postal address:
- Oxygen.nyc, 1357 Broadway, Suite 411, New York, New York 10018
- You may call us at: +1 (212) 719-1000
- You may fax us at: +1 (212) 779-3070
We will respond to your request for access or to modify or deactivate your information within thirty (30) days.
If you are visiting our website from a country other than the country in which our servers are located, your communications with us may result in the transfer of information across international boundaries. You acknowledge that by visiting our site and communicating electronically with us, you consent to such transfers.
You acknowledge that we cooperate with government and law enforcement officials and private parties to enforce and comply with the law. We will disclose any information about you to government or law enforcement officials or private parties as we, in our sole discretion, believe necessary or appropriate to respond to claims and legal process (including without limitation subpoenas), to protect our property and rights or the property and rights of a third party, to protect the safety of the public or any person, or to prevent or stop activity we consider to be illegal or unethical. We will also share your information to the extent necessary to comply with ICANN's rules, regulations and policies.
To the extent we are legally permitted to do so, we will take reasonable steps to notify you in the event that we are required to provide your personal information to third parties as part of legal process.
We represent that we will not process data in a manner inconsistent with the policies and practices detailed above.
6. Dispute Resolution Policy
You agree to be bound by our current Dispute Resolution Policy. This policy is incorporated herein and made a part of this Agreement. You can view the Uniform Domain Name Dispute Resolution Policy online. You agree that Oxygen may from time to time modify its Dispute Resolution Policy. Oxygen will post any changes to its Dispute Resolution Policy at least thirty (30) days before they become effective. You agree that by maintaining your domain name registrations with Oxygen after the updated policy becomes effective that you agree to the Dispute Resolution policy as amended. You agree to review Oxygen's website periodically to determine if changes have been made to the Dispute Resolution Policy. If you cancel or terminate your Services with Oxygen as a result of the modified Dispute Resolution policy, no fees will be refunded to you. You also agree to submit to proceedings commenced under ICANN's Uniform Rapid Suspension System, if applicable.
You agree that if a dispute arises as a result of one (1) or more domain names you have registered using Oxygen, you will indemnify, defend and hold Oxygen harmless as provided for in this Agreement. You also agree that if Oxygen is notified that a complaint has been filed with a governmental, administrative or judicial body, regarding a domain name registered by you using Oxygen, that Oxygen, in its sole discretion, may take whatever action Oxygen deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until such time as the dispute is settled. In this event you agree to hold Oxygen harmless for any action taken by Oxygen.
You agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, (2) where registrar is located or (3) where the registry operator is located (e.g., China for .CN, Columbia for .CO, UK for .EU, etc.).
In the case of .ca domain names, you agree that, if your use of the service or the registration of a .ca domain name is challenged by a third party, you will be subject to the provisions specified by CIRA in their dispute resolution policy, in effect at the time of the dispute.
7. Domain Transfers; Resale Practices
If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in our Domain Name Transfer Agreement. You may view the latest version of our Domain Name Transfer Agreement online. In order to further protect your domain name, any domain name registered with Oxygen or transferred to Oxygen shall be placed on lock status. The domain name must be placed on unlock status in order to initiate a transfer of the domain name away from Oxygen to a new Registrar. You may log into your account with Oxygen at any time after your domain name has been successfully transferred to Oxygen, and change the status to unlock.
In the event you are purchasing a domain name on behalf of a third party, you agree to inform any customer of yours, who may be acquiring a domain name through you using Oxygen's registration services, that they are in fact registering their domain name through Oxygen and that Oxygen is an accredited registrar with ICANN. You agree not to represent that you are an ICANN-accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN trademark logo in any of your promotional materials including your website.
You agree to obtain each of your customers' acceptances to the then current version of this Agreement, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by Oxygen, you agree that such additional terms and conditions shall not conflict with this Agreement and the policies and procedures adopted by ICANN.
You agree that Oxygen is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to Oxygen's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database.
You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to Oxygen so Oxygen may update its registration records. You will retain copies of all communications between you and your customers and will upon request provide Oxygen copies of same.
You agree that if a domain name is licensed or leased to a third party, you are still responsible for providing accurate information in accordance with section 5 of this Agreement. You agree to accept liability for any third parties you authorize to use your domain name for harm and wrongful use, unless you disclose current contact information of the licensee and the identity of the licensee within seven (7) days of a party providing you with reasonable evidence of actionable harm.
8. Your obligations; Suspension of Services; Breaches of Agreement
You represent and warrant to the best of your knowledge that, neither the registration of the domain nor the manner it is directly or indirectly used, infringes the legal rights of any third party. You will comply with all applicable laws, including, but not limited to those relating to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, and disclosure of data and financial disclosures. If you collect and maintain sensitive health and financial data, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. You represent that you possess any necessary authorization, charter, license, and/or other related credential for participation in the sector associated with the associated registry TLD string. You will report any material changes to the validity of your authorization, charter, license, and/or other related credential. You will indemnify and hold harmless the registrar and registry operator, and their directors, officers, employees and agents, from and against any and all claims, damages, liabilities, costs and expenses (including reasonable legal fees and expenses) arising out of or related to the domain name registration. This obligation shall survive expiration or termination of this Agreement or the domain name registration.
You agree that, in addition to other events set forth in this Agreement:
Your ability to use any of the services provided by Oxygen 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;
Your registration of any domain names shall be subject to suspension, cancellation or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any Oxygen procedure not inconsistent with an ICANN adopted specification or policy (a) to correct mistakes by Oxygen or the registry operator in registering any domain name; or (b) for the resolution of disputes concerning any domain name.
You acknowledge and agree that Oxygen and registries reserve the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as either deems necessary, in the unlimited and sole discretion of either Oxygen 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 correct mistakes made by registry or any registrar in connection with a domain name registration, (iii) for the non-payment of fees to registry, (iv) to protect the integrity and stability of the registry, (v) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process, (vi) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement, (vii) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees, (viii) per the terms of this Agreement, (ix) following an occurrence of any of the prohibited activities described in Section 8 below, or (x) during the resolution of a dispute.
You agree that your failure to comply completely with the terms and conditions of this Agreement and any Oxygen rule or policy may be considered by Oxygen to be a material breach of this Agreement and Oxygen may provide you with notice of such breach either in writing or electronically (i.e. email). In the event you do not provide Oxygen with material evidence that you have not breached your obligations to Oxygen within ten (10) business days, Oxygen may terminate its relationship with you and take any remedial action available to Oxygen under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, cancelling the registration of any of your domain names and discontinuing any services provided by Oxygen to you. No fees will be refunded to you should your Services be cancelled or terminated because of a breach.
Oxygen'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.
9. Restriction of Services; Rights of Refusal
You agree not to use the services provided by Oxygen, or to allow or enable others, to use the services provided by Oxygen for the purposes of:
The transmission of unsolicited email (Spam); and repetitive, high volume inquires into any of the services provided by Oxygen (i.e. domain name availability, Whois, etc.).\
You acknowledge and agree that you are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and you acknowledge and agree that the consequences for such activities include suspension of the domain name.
If you are hosting your domain name system (“DNS”) on Oxygen’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 Oxygen, you are responsible for ensuring there is no excessive overloading on Oxygen’s servers. You may not use Oxygen’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 other abusive attack. Server hacking or other perpetration of security breaches is prohibited. You agree that Oxygen reserves the right to deactivate your domain name from its DNS if Oxygen deems it is the recipient of activities caused by your site that threaten the stability of its network.
You agree that Oxygen, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Oxygen 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. Oxygen may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Oxygen in its sole discretion, in association with spam or morally objectionable activities. Morally objectionable activities will include, but not be limited to:
- Activities prohibited by the laws of the United States and/or foreign territories in which you conduct business;
- Activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; and
- Activities designed to harm or use unethically minors in any way.
In the event Oxygen 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 Oxygen in connection with the registration either being cancelled or refused. In the event Oxygen deletes the registration of a domain name being used in association with spam or morally objectionable activities, no refund will be issued.
10. Default Settings; Parked Pages
Choosing Your Domain Name Settings. When you register a domain name with Oxygen, you will be prompted to choose your domain name settings during the checkout process. 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 Oxygen’s name servers. If you are an existing Oxygen customer and have already set up a customer profile designating your domain name settings for new domain name registrations, you will not need to complete this step again during the checkout process.
Oxygen’s Default Settings. If you do not direct your domain name away from Oxygen’s name servers as described above, Oxygen will direct your domain name to a “Parked Page” (“Default Setting”). You acknowledge and agree that Oxygen has the right to set the Default Setting.
(a) Parked Page Default Setting
Oxygen’s Parked Page service is an online domain monetization system designed to generate revenue (through the use of pay per click advertising) from domain names that are not actively being used as websites. If your domain name is directed to a Parked Page, you acknowledge and agree that Oxygen may display both (a) in-house advertising (which includes links to Oxygen products and services) and (b) third-party advertising (which includes links to third-party products and services) on your Parked Page through the use of pop-up or pop-under browser windows, banner advertisements, audio or video streams, or any other advertising means, and we may aggregate for our own use, related usage data by means of cookies and other similar means. In addition, you acknowledge and agree that all in-house and third-party advertising will be selected by Oxygen and its advertising partners, as appropriate, and you will not be permitted to customize the advertising, or entitled to any compensation in exchange therefor. Please note that the third-party advertising displayed on Oxygen’s Parked Pages may contain content offensive to you, including but not limited to links to adult content. Oxygen makes no effort to edit, control, monitor, or restrict the content and third-party advertising displayed on Oxygen’s Parked Pages, and expressly disclaims any liability or responsibility to you or any third party in connection therewith.
(b) Changing Oxygen’s Default Settings
You may change Oxygen’s Default Settings at any time during the term of your domain name registration.
(c) Content Displaying On Your Parked Page.
You cannot modify the content displaying on your Parked Page. You may select one of the other options listed below.
- No Content
If the options listed above are not acceptable to you and you would prefer that no content display on your domain name, please contact customer support.
- Return To Parked Page Default Setting Upon Domain Name Expiration
Upon domain name expiration, and regardless of how you use your domain name during the term of your domain name registration, your domain name will automatically return to the Parked Page Default Setting described above. As used in this paragraph, “expiration” is deemed to include any “renewal period” or “redemption period” immediately after the domain name expires, but before the domain name is returned to the registry. Once your domain name has returned to the Parked Page Default Setting described above, the only way to opt out of the Parked Page service is to renew, redeem, or re-register your domain name in accordance with Section 2(B), Domain Name Renewal Terms, of this Agreement.
11. Service Interruptions
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 (defined below) 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
Subject to the provisions of Force Majeure below, we offer a service uptime guarantee (“Service Uptime Guarantee”) for paid services of 99.999% availability (defined below). You shall receive service credits for any Outage (defined below) of the service covered by the Service Uptime Guarantee. The service credits shall be applied as extensions to the terms of the affected Service. The Service Uptime Guarantee shall become effective fourteen (14) days after your purchase of the Service covered by the Service Uptime Guarantee to allow both parties time to properly configure and test the Service.
For the purposes of the Service Uptime Guarantee, the following definitions shall apply:
“Global Nameserver Infrastructure”: The group of systems (servers, hardware, and associated software) that are responsible for delivering the Services. The Global Nameserver Infrastructure does not include web-based user interfaces, zone transfer mechanisms, update systems, or other customer-accessible data access or manipulation methods.
“99.999% availability”: A guarantee that the Global Nameserver Infrastructure shall be available to respond to DNS queries 99.999% of the time.
“Outage”: A period in which the Global Nameserver Infrastructure did not maintain 99.999% availability.
For the purposes of the Service Uptime Guarantee, downtime due to the following events shall not be considered an Outage:
Service interruptions caused by “Regularly Scheduled Maintenance”, which shall be defined as any maintenance performed on the Global Nameserver Infrastructure of which customer is notified twenty-four (24) hours in advance. Email notice of Regularly Scheduled Maintenance shall be provided to customer’s designated email address;
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, in our sole and absolute discretion, shall determine whether an event shall be considered an Outage.
For the purposes of the Service Uptime Guarantee, when the customer becomes aware of an Outage, the customer shall open a ticket with our technical support services within five (5) calendar days of the Outage. If we determine that an Outage did occur, then the customer shall receive a service credit in the amount of two (2) months for any affected Services. The service credit shall be applied as an extension to the term of the affected Services. A customer’s Account shall not be credited more than once per month under the Service Uptime Guarantee.
To qualify for a service credit, you must have a current and valid subscription to the Services affected, and must have an Account in good standing with us. Service credits will not apply to any charges or Services other than the Services for which the Service Uptime Guarantee was not met. Customers with subscriptions for more than one Service will not receive credits for unaffected Services. The remedies set forth herein shall be the sole and exclusive remedies if we do not meet the Service Uptime Guarantee.
In the event either party is unable to carry out its material obligations under this Agreement by reason of Force Majeure those obligations will be suspended during the continuance of the Force Majeure, provided the cause of the Force Majeure is remedied as quickly as practicable. The term “Force Majeure” means any event caused by occurrences beyond a party’s reasonable control, including, but not limited to, acts of God, fire or flood, war, terrorism, governmental regulations, policies or actions enacted or taken subsequent to execution of this Agreement, or any labor, telecommunications or other utility shortage, outage or curtailment.
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 criminals 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.
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 reserve the right to remove any servers from the network that violate this restriction.
If you submit an application for pre-registration of a domain name, Oxygen does not guarantee that the name will be secured for you, or that you will have immediate access to the domain name if secured. Oxygen may use third-party service providers for the pre-registration services.
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