Domain Name Registration Terms

(Last updated April 20, 2010)

  1. Domain Name Services. This document (the “DNS Terms”) describes the rights and obligations of Cre8ive Industries, LLC (“Cre8ive”) and the Customer in connection with Cre8ive’s registration or renewal of domain names for the Customer.
  2. Domain Name Registration. Upon Customer’s request and subject to these DNS Terms, Cre8ive will register an Internet domain name, or renew the Customer’s registration of an existing domain name, on behalf of Customer with a registrar selected by Cre8ive and identified below (the “Registrar”).
  3. Customer Responsibilities. Cre8ive’s registration or renewal of any domain name is subject to (i) Cre8ive receiving from Customer all information needed from Customer in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Customer’s compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and Cre8ive will not be responsible if a domain name is not available for any reason. Cre8ive will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against Cre8ive for, and hereby releases Cre8ive of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by Cre8ive for any reason.
  4. ICANN and Other Authority. Customer acknowledges that its rights to any domain name registered or renewed by Cre8ive are not being granted by Cre8ive but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer’s inability to use a domain name shall not entitle Customer to a refund by Cre8ive of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
  5. Domain Name Renewals. If Customer requests Cre8ive to renew for multiple years a prior registration of Customer for a domain name, Customer represents and warranties that all information it provides to Cre8ive in connection with such request will be true and correct. Cre8ive’s sole responsibility in connection with any such request will be to process the renewal using the renewal mechanism provided by the Registrar. Cre8ive will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
  6. Registrar Terms and Conditions. Unless the applicable Order specifies another Registrar, all registrations and renewals will be subject to the terms and conditions of GoDaddy.com, available for review at http://www.godaddy.com/gdshop/agreements.asp?ci=8924 (the “Registrar Terms”) and by submitting any Order to Cre8ive for domain name services under these DNS Terms, the Customer agrees to the Registrar Terms. If the Order specifies a Registrar other than GoDaddy.com, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the web site of such Registrar from time to time.
  7. Changing Registrars. Cre8ive does not generally perform domain name services that require the domain name change registrars. However, if Cre8ive, in its sole discretion accepts an Order from Customer for domain name services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither Cre8ive nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to respond timely to any losing registrar query or request for confirmation.
  8. Changing Registrar Resellers. If the Customer submits an Order to Cre8ive to renew a domain name that was previously registered through a reseller of the Registrar, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the Customer to settle any open accounts it has with the losing reseller. The Customer acknowledges and agrees that Cre8ive will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
  9. Renewal and Expiration. The Customer agrees that Cre8ive bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. Although Cre8ive may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, Cre8ive will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to Cre8ive within such period.
  10. Contact Information. The Customer agrees to keep its WHOIS information accurate and up-to-date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customer’s e-mail address maintained in Cre8ive’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in Cre8ive’s billing records, Cre8ive may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
  11. Other Terms and Conditions. The provisions of Sections 9, 10, 11, 14 and 15 of the Terms of Service are incorporated herein by this reference. All fees are fully earned when due and non-refundable when paid.
  12. Test Page. Customer agrees that upon registration of a domain name with Cre8ive, if such domain name is (a) hosted on an Cre8ive domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by Cre8ive in its sole discretion (the “Test Page”). The Test Page may be modified by Cre8ive at any time in Cre8ive’s sole discretion and without notice to Customer. The Test Page may include, without limitation (i) links to additional products and services offered by Cre8ive, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”). If Customer does not wish to have Customer’s domain name resolve to the Test Page as described herein, Customer should email Cre8ive support at support@cre8ivewebsites.com or call a Cre8ive sales representative.