Yahoo Domains Service Agreement

1.0 ACCEPTANCE OF TERMS

The Yahoo Domains service (the "Service"), owned and operated by Yahoo Inc., is provided to you under the most recent version of the Yahoo Terms of Service ("TOS"), the Yahoo Small Business Privacy Policy, the Yahoo Site Guidelines, and any other Yahoo applicable policies and guidelines ("Guidelines") (all together, the "Terms") as well as this Service Agreement (together the "Agreement"). For clarity, Yahoo Domains is a "Service" as defined in the Yahoo Terms of Service. Yahoo may update and change the Agreement from time to time. You can always find the most recent version of this Service Agreement at https://smallbusiness.yahoo.com/tos/domain-tos and the most recent version of the Yahoo Terms of Service at the URL indicated above. Certain of the services that You purchase or receive from Yahoo may be provided by one or more vendors, contractors, or affiliates selected by Yahoo in its sole discretion. Any capitalized term used herein but not otherwise defined herein shall have the meaning set forth in the Terms.

BY COMPLETING THE DOMAIN NAME (I.E., WEB ADDRESS) REGISTRATION PROCESS, YOU AGREE TO BE BOUND BY THE AGREEMENT SO PLEASE READ ALL THE TERMS CAREFULLY. ANY PERSON OR ENTITY ACTING ON YOUR BEHALF SHALL ALSO BE BOUND BY THESE TERMS AND YOU AGREE TO BE RESPONSIBLE FOR SUCH PERSON'S OR ENTITY'S ACTIONS.

2.0 THE SERVICE

Subject to the terms of the Agreement, Yahoo will provide the Service which includes assisting you in acquiring a domain name (i.e., web address) as well as providing you access to certain Yahoo Software ("Software") to facilitate your use of the Service.

PLEASE NOTE: NOTHING IN THE AGREEMENT OBLIGATES YAHOO TO LIST OR LINK TO YOUR DOMAIN NAME OR PROVIDE WEBSITE HOSTING SERVICES IN CONNECTION WITH YOUR DOMAIN NAME BEYOND THAT PROVIDED WITHIN THE SERVICE.

You may obtain full-featured website hosting services from Yahoo Web Hosting at http://webhosting.yahoo.com.

3.0 YOUR AGREEMENT WITH INTERNET NAMES WORLDWIDE

If You register a new domain name in conjunction with the Service, the following terms also apply:

Yahoo has chosen Internet Names Worldwide (a division of Melbourne IT Limited), or "INWW," an ICANN accredited registrar for .com, .net, .org, .biz, .info and .us domain names, to provide domain name registration services. You hereby authorize Yahoo to acquire your selected domain name from INWW. In order to receive a domain name, you must agree to INWW's terms and conditions located at http://www.melbourneit.com.au/policies/tldtermcond.php3 for .com, .net, .org, .biz and .info domain names ('INWW gTLD Terms and Conditions') and http://www.melbourneit.com.au/policies/uspolicy.php3 for .us domain names ('INWW .us Terms and Conditions'), as may be amended. You understand that you are creating a separate contractual relationship between you and INWW, and that you, and not Yahoo, are responsible for all fees, liability, and obligations in connection with that relationship. Yahoo may elect to pay INWW such fees, and in that case You will pay Yahoo for those payments. You agree that your obligations to indemnify under "Indemnity" in the Agreement includes any claim or demand associated with your domain name, any domain name pre-registration services provided through the Service, or the INWW terms and conditions.

You will be listed as the registrant and administrative contact in connection with Your domain name, unless You choose another registrant and administrative contact. If You choose a registrant and administrative contact other than Yourself, such person(s) must enter into an agreement directly with the INWW and, additionally, will be bound by this Agreement in addition to You. You hereby authorize Yahoo to list Yahoo as the billing contact, technical contact, and name server in connection with Your domain name and to take any actions Yahoo deems appropriate in those capacities. However, upon termination of the Service, Yahoo may immediately cease acting in those capacities and reserves the right to transfer Your account to INWW for collection of past-due amounts. In the event of such transfer, You authorize INWW to serve as the billing contact, technical contact, and name server in connection with Your domain name, and to take any actions the INWW deems appropriate in those capacities. Upon termination of the Service, Yahoo will not be responsible for forwarding any notices, emails, or other correspondence to You or taking any other actions in connection with Your domain name. You will be solely responsible for all ongoing fees, as well as removing Yahoo as the billing, technical contact, and name servers in connection with Your domain name, unless Yahoo notifies You otherwise.

4.0 FEES AND BILLING

To pay for the Service, you must have a Yahoo ID. You must also have a Yahoo Wallet which will save your credit card, billing and shipping information and other information. If you do not yet have a Yahoo ID or Yahoo Wallet, you will be prompted to complete the registration process.

The fees for the Service are set out at https://smallbusiness.yahoo.com/domains. All such fees are payable in U.S. dollars to Yahoo, are non-refundable and non-creditable, and will automatically be charged to your Yahoo Wallet credit card. Fees will be charged yearly, unless you purchase email services in conjunction with your domain name, in which case fees will be charged monthly. Yahoo may alter its fees, but will provide you prior notice if those alterations will affect you. Yahoo will automatically bill your credit card for annual service fees until you submit an online cancellation notice via your Web Console, located at https://smallbusiness.yahoo.com/services. If your credit card is invalid or you are otherwise past due in your payments for any reason, the Service may be terminated and removed from Yahoo's servers and all the information contained therein deleted permanently. Billing will occur annually on your account start date. If you purchase email services in conjunction with your domain name, fees will be billed monthly rather than annually until cancellation notice is received. You will be charged for any extra fee features or add-ons that you subscribe to or use during each applicable billing cycle. All payments for the Service are non-refundable. If you have questions or concerns related to your bill for the Service, please contact customer care.

5.0 AUTOMATIC RENEWAL

Unless Yahoo provides notice otherwise, this Service and Agreement will automatically be renewed and you will be billed as described in Section 4. If Yahoo initially registers your domain name on your behalf, Yahoo will automatically renew your domain name on an annual basis prior to the expiration of your domain name's initial registration period. In order to ensure that domains are renewed in a timely manner without an interruption of service, each domain billed through Yahoo will be renewed 15 days prior to each annual anniversary (multi-year domains will be renewed 15 days prior to the end of the last year). Timely payment will extend your service and domain registration term for a full year from the anniversary date. Your domain name will automatically be renewed with the registrar after the annual fee is successfully billed to the credit card stored in your Yahoo Wallet.

6.0 TRANSFERRING TO YAHOO'S REGISTRAR OF RECORD

For domains in which Yahoo is acting as the billing contact, Yahoo may at any time request in writing that You transfer the domain name registered for the Service to a new registrar of record, under the terms and conditions of that registrar of record. If You do not agree to this request within 30 days, You agree that Yahoo will continue to provide the Service to You, but may, in its sole discretion, either:

  1. (a) require You to pay an additional fee to Yahoo for the Service in order to renew and maintain Your domain name with the prior registrar of record; or
  2. (b) require You to be responsible for all fees, including any renewal fees, directly with the prior registrar of record, in which case You authorize Yahoo to cease to pay for the domain name fees as part of the Service, and change the billing contact details for the domain name from Yahoo to You by providing Your applicable Account Information to the prior registrar of record.

7.0 USING A PREEXISTING DOMAIN NAME

If you have previously registered a domain name with another provider and want to use it with the Service, You must request that the existing registrar change the name servers for the domain name as designated by Yahoo, on Your behalf.

PLEASE NOTE: THE EXISTING REGISTRAR WILL CONTINUE TO BE THE REGISTRAR FOR THAT DOMAIN NAME AND YOU WILL CONTINUE TO BE RESPONSIBLE FOR ALL ONGOING FEES FOR THAT DOMAIN NAME WITH YOUR EXISTING PROVIDER, INCLUDING RENEWAL FEES. THE FEES PAYABLE TO YAHOO FOR THE SERVICE DO NOT INCLUDE REGISTRATION OR RENEWAL FEES OWED BY YOU TO YOUR EXISTING PROVIDER.

8.0 VERIFYING YOUR DOMAIN NAME INFORMATION

In compliance with ICANN regulation and the terms and conditions of the Registrar of Record, as applicable ("Required Information") and in order to minimize the risk of fraud, Yahoo may at any time request You to verify any information required to be supplied by a registrant. If You fail to respond to any such request or fail to verify any Required Information to Yahoo's reasonable satisfaction, within 15 days of any such request from Yahoo, Yahoo may, in its sole discretion, immediately terminate Your Service and remove any of Your materials, including Your domain name, from Yahoo servers.

9.0 INDEMNITY

You agree to indemnify and hold Yahoo, and its subsidiaries, affiliates, officers, agents, co-branders or other partners, and employees, harmless from any claim or demand, including reasonable attorneys' fees, made by any third party due to or arising out of Content you submit, post, transmit or make available through the Service, your use of the Service, your connection to the Service, your violation of the Agreement or your violation of any laws, regulations or rights of another.

10.0 TERMINATION OR TRANSFER OF DOMAIN NAME

You may terminate your Service at any time by completing the online cancellation form located at https://smallbusiness.yahoo.com/services. Please note, you will not be entitled to a refund of any fees, either initial or renewal fees, you have paid to Yahoo in the event you terminate your Service. Also, please note that canceling the Service will not terminate other services you have purchased in conjunction with the domain name, and that you will still be responsible for any fees for such services.

Because several features are bundled in the Domains Product Service, transferring your domain away from Yahoo, whether by modifying the name servers (redelegation) or transferring management of the domain registration to another provider, does not automatically terminate the other features in the Service you have purchased, and you will continue to be billed for the Service. To terminate your Service, complete the online cancellation form accessible from https://smallbusiness.yahoo.com/services.

In addition in order to comply with ICANN regulations, your domain name may not be transferred to another registrar within the first 60 days after your domain name is registered. Yahoo may also choose to restrict domain name transfers to another reseller of Melbourne IT or transfers to Melbourne IT directly within the first 60 days after a domain is registered.

Should Your Service be terminated, and You let Your domain registration lapse, Your registration will expire and Yahoo may, at our discretion, elect to assume the registration for our own account, delete it, or sell it to a third party. You acknowledge and agree that Your right and interest in a domain name ceases upon its expiration, and that any expired domain name may be made available for registration by a third party.

Yahoo may, but has no duty to, immediately terminate your Service and remove any of your materials, including your domain name, from Yahoo servers if Yahoo receives notice that you have disputed the Service charges with your credit card company or if your credit card has been declined or for any other non-payment of Service fees.

In addition, if Yahoo receives notice that you have disputed the domain name Service charges with your credit card company, your credit card charge has been declined or that there has been any other non-payment of domain name Service fees,

Yahoo may, in its sole discretion, immediately transfer the relevant domain name from the registrant of the domain name to Yahoo. You acknowledge that where Yahoo transfers such domain name to Yahoo under this clause, Yahoo will hold all rights of the registered domain name holder in respect of that domain name , including the right to sell the domain name to a third party (where this was a right held by the original registrant in respect of the relevant domain name).

In addition, Yahoo may, but has no duty to, immediately terminate your Service and remove any of your materials, including your domain name, from Yahoo servers if Yahoo, in its sole discretion, concludes that you have:

  1. (a) engaged in illegal activities, in activities or sales that may damage the rights of Yahoo or others, or have violated or threatened to violate the terms of the Agreement or any other agreement you may have with Yahoo; or
  2. (b) marketed Your business through multiple submissions in public forums that are identical.

You further agree that if, at Yahoo's sole discretion, You are deemed to have violated this section, or if Yahoo, in its sole discretion, deems it necessary due to excessive burden or potential adverse impact on Yahoo's systems, potential adverse impact on other users, server processing power, server memory, abuse controls, or other reasons, Yahoo may suspend or terminate Your account without notice to You and with no liability to Yahoo.

Any termination under this paragraph will take effect immediately. In the event that Yahoo terminates your Service in connection with this paragraph, you will not be entitled to a refund of any fees you have paid to Yahoo. In addition, Yahoo may terminate your Service at its convenience. However, in the event that Yahoo elects to terminate your Service at its convenience, as your only remedy, Yahoo will refund to you a pro-rata amount of fees which you have pre-paid.

11.0 MAINTENANCE AND SUPPORT

You can obtain assistance with technical difficulties that may arise in connection with your utilization of the Software or the Service by contacting customer care. Yahoo reserves the right to establish limitations on the extent of such support, and the hours at which it is available.

You are responsible for obtaining and maintaining all telephone, computer hardware and other equipment needed for its access to and use of the Software and the Service and you will be responsible for all charges related thereto.