1. Object of Agreement
1.1. GMO Brights Consulting Inc. (Brights) is an Internet Corporation for Assigned Names and Numbers (ICANN) accredited provider (Registrar) of domain name registration services requested by the Registered Name Holder (Registrant). Brights has no influence over the distribution process of specific domain names, as third parties and Registries manage the process; therefore, Brights offers no guarantee of the existence, availability, or acquisition of any domain name for Registrant.
2. Registrant Domain Name Obligations and Responsibilities
Registrant acknowledges, understands and agrees to the following obligations and responsibilities as a Registrant of Brights Domain Name Registration services:
2.1.1. Any Registrant that intends to license or otherwise delegate use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. A Registrant licensing or otherwise delegating use of a domain name according to this provision shall accept liability for harm caused by wrongful use of the domain name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registrant reasonable evidence of actionable harm.
2.1.2. If Registrant or its licensee uses a privacy service or a proxy registration service, the following information has to be provided: the name, postal address, email address, and voice telephone number of such services. Registrant agrees to fully comply with any Proxy Accreditation Program that may be implemented by ICANN, to the extent it relates to the rights and obligations of Registrant.
2.2. Publication of Domain Registration Information. As required by ICANN, Registrant agrees that the following information provided will constitute the domain name registration record in Registration Data Directory Service, Whois, publicly available from many different websites on the Internet. Registrant understands that Brights is required by ICANN to allow for the sale of such information in bulk. Registrant also understands that Brights and the Registry archive the Domain Registration information to a third party escrow provider as required by ICANN.
2.2.1. Information used to populate Whois is:
22.214.171.124. the domain name,
126.96.36.199. Registrant name and postal address,
188.8.131.52. the name, email address, postal address, voice and fax number for technical and administrative contacts,
184.108.40.206. the Internet protocol numbers for the primary and secondary name servers (and corresponding names of the name servers),
220.127.116.11. the original date of registration and expiration date, and
18.104.22.168. the identity of the Registrar.
2.4. Reporting Change of Status. Registrant will report any material changes to the validity of Registrant’s authorization, charter, license, residency, title, status and/or other related credentials that may affect the legitimacy or qualification to be the registrant owner of the registered name (Registrant).
2.6. Inter-Registrar Transfer Policy. If Registrant wishes to transfer their domain to another registrar, they must abide by the Inter-Registrar Transfer Policy developed by ICANN and updated by them from time to time (https://www.icann.org/resources/pages/transfers-2012-02-25-en).
2.7. Restrictions and Right to Refuse Service. Registrant agrees to be held liable for any and all damages resulting from inappropriate or illegal use of any domain name registered by Registrant, including the suspension, deletion, or cancellation of a domain name as well as all damages resulting from the use of a domain name that engages in Restricted Activity, including:
2.7.1. transmits unsolicited email (Spam);
2.7.2. transmits repetitive, high volume inquires into any of the Services provided by Brights (i.e. domain name availability, etc.);
2.7.3. distributes malware or operates and engages in botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting and other activities that are contrary to applicable law;
2.7.4. resolves, links or redirects to illegal content that:
22.214.171.124. is hateful, defamatory, derogatory or bigoted based on racial, ethnic, gender or political grounds or otherwise causes injury, damage or harm of any kind to any person or entity;
126.96.36.199. is threatening or invades another person’s privacy or property rights or otherwise breaches any rights of or duty to a third party;
188.8.131.52. misleads or deceives minors into viewing sexually explicit material or depicts minors engaged in any activity of a sexual nature, or which may otherwise harm minors;
184.108.40.206. infringes the trademark, copyright, patent, trade secret or other intellectual property rights of a third party;
220.127.116.11. violates any applicable local, state, national or international law or regulation;
18.104.22.168. promotes, aids or abets illegal activity of any kind or promotes business opportunities or investments which are not permitted under law;
22.214.171.124. advertises or offers for sale any goods or services that are unlawful or in breach of any national or international law or regulation.
2.9. Proprietary Rights in Name. Registrant acknowledges and agrees that the registration or renewal of a particular domain name through the Services, or the subsequent use of the domain name, does not guarantee immunity from and against any challenge to the registration of the domain name by any third party, nor from the cancellation, suspension or transfer of the domain name.
3. Domain Name Registration, Renewal, and Expiration
3.1. Intermediary. Registrant understands and agrees that in the procurement, registration, and administration of domain names, Brights acts only as an intermediary between Registrant and the other parties involved in the registration process, including Registries authorized by ICANN to administer the central databases for the particular domain names. In this regard, Registrant understands and agrees that submission of a Domain Registration Order does not guarantee registration or continued existence of the registration of a domain name. Therefore, Registrant releases Brights from any liability, if any, for any domain name that fails to be registered or become unregistered, suspended, or transferred away for any reason.
3.2. Sponsoring Registrar. The sponsoring ICANN-Accredited Registrar is GMO Brights Consulting Inc. (Registrar ID 1434).
3.3.1. to comply with the ICANN requirements, standards, policies, procedures, and practices for each applicable Registry at all times and to also comply with any future changes or updates enacted by ICANN;
3.3.2. to comply with any operational standards, policies, procedures, and practices for each Registry, which can change from time to time;
3.3.3. to read the Registrants’ Benefits and Responsibilities at http://www.icann.org/en/resources/registrars/registrant-rights/benefits; and,
3.3.4. to read the Registrant Educational Information at http://www.icann.org/en/resources/registrars/registrant-rights/educational.
3.4. Reservation of Registry’s Rights. Registrant acknowledges and agrees that the Registry reserves 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 it deems necessary, in its unlimited and sole discretion at any time, including without limitation for any of the following purposes:
3.4.1. protect the integrity, security, and stability of the Registry System;
3.4.2. comply with all appropriate laws, government rules or requirements, requests of law enforcement or any other relevant authority, or in compliance with any dispute resolution process;
3.4.3. avoid any liability of the Registry, its affiliates, members, subsidiaries, officers, directors, and employees;
3.4.4. correct mistakes made by the Registry, Registry service providers or any Registrar in relation to a domain name registration; and,
3.4.5. ensure compliance with ICANN and/or the Registry Policies.
3.5. Domain Policies. For domain names Registrant attempts to register, Registrant consents to Brights submitting Domain Registration Orders to authorized Registries either directly or through an intermediary. In this respect, for the domain names Registrant registers through Brights, Registrant acknowledges, understands and agrees to the terms and conditions of each intermediary, Registry and/or organization, which are expressly, incorporated by reference herein as the “Domain Policies”. Registrant understands Brights shall not insert any domain name in the Registry in a manner contrary to (i) any ICANN policy stating a list or specification of excluded names that is in effect at the time of insertion, (ii) any Registry Policy, or (iii) any list of names to be reserved from registration as required by the Registry.
3.8.2. Brights submits and delivers to the applicable Registry the domain name registration or application information (Domain Registration Order) and such Registry puts the registration into effect. Submission of a Domain Registration Order does not guarantee that the domain name will be successfully registered. Brights is not responsible for any domain name that fails to be successfully registered as a domain name.
3.10. Automated Renewal. Domain names are, by default setting, automatically renewed unless Registrant has otherwise explicitly requested that the setting be changed or if Registrant has changed the settings in the Control Panel. Otherwise, once a domain name has been automatically renewed, an invoice will be issued to Registrant for full payment of the domain name renewal. Notification of non-renewal must be provided to Brights at the time of confirmation of renewal or at least 2 months prior to expiration of the respective domain name. Registrant is obliged to pay the renewal fees in full in accordance with the invoice issued after the renewal of the domain name takes place.
3.11. Manual Renewal. Domain name renewals can be done by contacting Brights or by renewing the domain name in the Control Panel. If Registrant does not select a domain name to be automatically renewed, then it is Registrant’s sole responsibility to manually renew the expiring domain name before its expiration date (should Registrant in fact want the domain name to be renewed). Registrant acknowledges, understands and agrees that if Registrant chooses to manually renew a domain name and Registrant fails to complete the manual renewal process before a domain name’s expiration date, then this will result in cancellation of the domain name and removal of the domain name from its Registry’s root zone file immediately following the domain name’s expiration date.
3.12. Domain Renewal and Restore Pricing. Prices for renewing or restoring a domain name are at the sole and absolute discretion of Brights and/or the applicable Registry. Registrant will be notified beforehand in the event of prices changing. The price that Registrant will be charged for a renewal or a restore are communicated explicitly to the Registrant and can also be reviewed by logging into Registrant’s account at Brights.
3.13. Renewal and Expiration Notices. In the event that Brights has not received explicit notification or confirmed with Registrant the renewal of the domain name, renewal notifications are sent to the registered owner of the domain name (Registrant) of expiring domain via the Registrant’s respective email address (as provided on the domain name’s Whois contact information) over three separate notices. The first email is sent out approximately one month prior to a domain’s expiration date. A second email is 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 email is sent to the Registrant on the fifth day post expiration.
3.14. Registry Renewal Policies. Registrant agrees to follow and be bound to the respective Registry renewal policy for the domain name Registrant is renewing as provided by the Domain Policies.
3.15. Expiration of Domain Name. The renewal of any domain name is solely and completely Registrant’s responsibility alone. Domain names that expire will be removed from the respective Registry’s root zone file and will no longer resolve. Registrant acknowledges, understands, and agrees to release and hold Brights completely harmless against any claim for damage or loss arising from Registrant’s failure to renew a domain name.
3.16. Renew Grace Period After Expiration. Brights at its sole discretion may allow a period of time after the expiration date of the domain name in which Registrant may still renew the domain name (Renew Grace Period). Some domain names have no Renew Grace Period, and for others the length of time for the Renew Grace Period and the price to renew varies. Failure to renew during the Renew Grace Period will result in the expired domain name being deleted.
3.17. Redemption Period After Expiration. Brights at its sole discretion may allow a period of time after a Renew Grace Period or after the expiration date for domain names that do not have a Renew Grace Period, to restore or redeem a Registered name that has been placed on hold and flagged for deletion. The Redemption period is typically 30-days, but is subject to policies of the Registry. Brights will only restore a domain name during this period upon receiving a written notice (either by email or fax) from Registrant along with payment of the applicable restore fees.
3.18. Deletion of Domain Name. Domain names are deleted immediately after a domain name’s expiration date, however, for those domain names with a Renew Grace Period and/or a Redemption Period enabled by Brights, the domain name will be deleted after the end of the respective period if not timely renewed or restored. Deleted domain names will be released by the respective Registry and will then become available for registration by anyone on a first-come-first-served basis.
3.19. Extenuating Circumstances. Brights reserves the right to perform any action about the domain (including but not limited to suspension, deletion, renewal or blocking) without explicit consent of Registrant in cases where extenuating circumstances apply. Extenuating circumstances are defined as: UDRP or URS action (refer to links in Domain Name Dispute Policy), court or governmental order, failure of a Registrar’s renewal process (which does not include failure of a Domain Name Holder to respond), the domain name is used by a name server that provides DNS service to third-parties (additional time may be required to migrate the records managed by the name server), the Registrant is subject to bankruptcy or similar proceedings, payment dispute (where a Registrant claims to have paid for a renewal, or a discrepancy in the amount paid), billing dispute (where a Registrant disputes the amount on a bill), domain name subject to litigation in a court of competent jurisdiction, or other circumstance as approved specifically by ICANN and/or any Registry.
3.20. Abuse and Customer Complaints. Brights is a Registrar that prides itself on supporting the security and stability of the Internet. As such, Brights is committed to providing customers with satisfaction while at the same time responding to necessary cases of abuse. For those wishing to submit a complaint, abuse case or for authorities needing to contact Brights, please contact us at the following information.
Service Mail Subject: Service Complaint
Abuse Mail Subject: Abuse Complaint
GMO Brights Consulting Inc.
|Authorities Needing to Contact Brights:
Mail Subject: Authority Matter
GMO Brights Consulting Inc.
*Authorities means law enforcement, consumer protection, quasi-governmental or other similar authorities. These reports must also include organization name, phone number to the organization’s head or regional office, address of the organization and the jurisdiction of the organization in order to verify the validity of the organization’s authority. All customer complaints and sufficient reports of abuse will be acknowledged by email. The goal is to resolve these issues as soon as possible but may require more time in some cases depending upon the circumstances surrounding the case. In such cases, Brights will keep the relative party informed of the status of their complaint or abuse report.
In the case of authorities contacting Brights, once the verification of the authority and the case have been made, Brights will respond to the relative party and work to resolve the inquiry as soon as possible.
Once a complaint or report of abuse has been resolved, if there are further inquiries or the resolution is unsatisfactory, simply respond to the case and provide further details that will assist in the resolution of the complaint or report of abuse.
4. Terms and Conditions for Payment of Fees
4.1. The Registrant receives services through Brights. Payment from the Registrant must be made upfront or according to the agreed upon payment arrangement between Registrant and Brights. In the case of domain names, the Registrant is required to pay in full for the registered number of years of the domain name. The exact expiration date of a domain name can be viewed from within the management control panel of Brights (Control Panel). The duration for which a domain name is prepaid depends on respective Registry policies; however, in general, domain services start at the point of initial registration, when an incoming transfer (from another registrar) completes, or at the time a renewal is made. Generally, registrations, transfers and renewals are prepaid from one (1) to ten (10) years, again depending on respective policies from each Registry.
4.2. Termination of a domain name must be initiated and submitted by Registrant either through the Control Panel or direct communication to Brights. In the event of termination either explicitly submitted by Registrant or resulting from a Registry decision or a third party dispute decision, Registrant understands that no substitute domain or refund shall be provided. Should a domain name be terminated before its expiration date, Registrant also understands that no partial refunds are given.
5. Domain Name Dispute Policy
5.1. The Registrant agrees to clarify and settle any disputes in accordance with the Dispute Resolution Policies of the respective responsible Registry. The Registrant also agrees to follow the Uniform Domain Dispute Resolution Policy (UDRP), currently to be found under https://www.icann.org/resources/pages/dndr-2012-02-25-en for the Registries that use UDRP to resolve disputes. Registrant also agrees to follow the Uniformed Rapid Suspension (URS), currently to be found under https://www.icann.org/resources/pages/urs-2013-10-31-en for the Registries that use URS to resolve disputes. Lastly, the Registrant understands the dispute policies may differ depending on the official language of the respective Registry. Additionally, for the adjudication of disputes concerning or arising from use of the domain name, Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts of the Registrant’s domicile and where Brights is located.
5.2. The Registrant acknowledges and accepts that Brights is bound to lock, cancel, and/or transfer a domain name – according to above listed Domain Name Dispute Resolution policies – if the Registrant is involved in a dispute and Registrant does not provide evidence within ten days after an Administrative Panel’s decision, of a lawsuit commenced by the Registrant in a Mutual Jurisdiction regarding the right to use the disputed domain name.
5.3. The Registrant agrees that in the case of a Registry having additional Dispute Resolution Policies, that Registrant will follow those policies in the applicable manner.
6. Entire Agreement