Domain Registration Agreement
This Domain Registration Agreement (the “Agreement”) by and between You on behalf of yourself or the entity you represent, and Starry Eyes Media (“Starry Eyes Media”, “us” or “we”), acting as the sponsoring registrar is made effective as of the date of Your electronic acceptance of its terms.
PLEASE READ THE ENTIRETY OF THESE SERVICE TERMS CAREFULLY. SECTION 15.6 OF THESE SERVICE TERMS INCLUDES (I) AN AGREEMENT TO A BINDING, MANDATORY ARBITRATION, (II) A WAIVER OF A RIGHT TO A JURY TRIAL, AND (III) A WAIVER OF THE RIGHT TO BRING A LAWSUIT ON BEHALF OF A CLASS.
You hereby acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated herein by reference (collectively, the “Domain Service Terms”), including:
- the Registry Policies;
- any plan limits, product disclaimers, or other restrictions relating to the Services, presented to you on Starry Eyes Media Website or as otherwise communicated to You; and
- relevant Dispute Policies, all of which constitute an integral part hereof.
Your consent to these Terms of Service is a condition for registering a domain name with Starry Eyes Media.
- “Agreement” means this Domain Name Registration Agreement.
- “ccTLD” means country code top-level domain.
- “Dispute Policy” and “Dispute Policies” mean the current dispute policies of ICANN and applicable ccTLD registries, including, but not limited to: Uniform Rapid Suspension (URS); the Registrar Transfer Dispute Resolution Policy (TDRP); the Public Interest Commitment Dispute Resolution Procedure (PICDRP); the Registration Restrictions Dispute Resolution Procedure (RRDRP); the Trademark Post-Delegation Dispute Resolution Procedure (PDDRP); and the Uniform Domain-Name Dispute-Resolution Policy (UDRP).
- “gTLD” means generic top-level domain.
- “ICANN” means Internet Corporation for Assigned Names and Numbers.
- “Services” means Starry Eyes Media’s domain name registration services.
- “Registry Operator” means the registry applicable to the TLD.
- “Registry Policies” means all agreements, guidelines, policies, practices, procedures, registration requirements, or operational standards of the TLDs in which you register any domain.
- “TLD” means top-level domains, including gTLDs and ccTLDs.
- “Starry Eyes Media SPAM Protection” means the services described in Section 4 of this Agreement.
- “Starry Eyes Media Website” means the website found at the domain starryeyes.media.
- “Your Contact Information” means Your name, postal address, email address, telephone number, and fax number where available.
- “Your Domain” means the domain name that You are registering through Starry Eyes Media.
- “You” means you, your heirs, agents, successors, and assigns.
3. REGISTRATION OF DOMAIN NAMES
3.1 Your Information
In order to register a domain name or in order to perform certain actions, you are required to provide certain information, as may be requested by Starry Eyes Media, which may include the following information (“Your Information”):
- the domain name(s) registered by you;
- your name and postal address;
- the name(s), postal address(es), email address(es), voice telephone number, and where available the fax number(s) of the technical, administrative, and billing contacts for your domain name(s);
- the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);
- the corresponding names of those nameservers;
- the original creation date of the registration; and
- the expiration date of the registration.
You hereby warrant and represent that all the information provided during your registration is true, correct, complete, and accurate and that you will maintain and update this information immediately upon any change. You agree that Your willful provision of inaccurate or unreliable information, Your willful failure to update Your Information within seven (7) days of any change, or Your failure to respond for over fifteen (15) days to inquiries by Starry Eyes Media concerning the accuracy of contact details associated with the Registered Name Holder’s registration shall constitute a material breach of this Agreement and be a basis for, among others, suspension, and/or cancellation of the Registered Name registration and the termination of this Agreement.
By registering or using the Services, you shall not distribute malware, abusively operating botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting, or otherwise engage in any activity contrary to any applicable laws and regulations.
3.3 Use of Your Information
3.4 ICANN Required Disclosures
Domain name registration requires sharing the Registrant Information, in whole or in part, with the applicable Registry Operator and with ICANN. As required by ICANN, this information must also be made publicly available by means of WHOIS, and that the Registry Operator may also be required to make this information publicly available by WHOIS. Both Starry Eyes Media and the Registry Operator may be required to archive this information with a third-party escrow service. You consent to and give permission for all such required disclosures. Further, You represent and warrant that, if You are providing information about a third-party, You have notified the third-party of the required disclosures and the purpose for the disclosures and you have obtained the third-party’s consent to such disclosure. ICANN may establish or modify the guidelines, limits, or requirements that relate to the amount and type of information that Starry Eyes Media may or must make available to the public or to private entities, and the manner in which such information is made available.
3.5 Domain Registration; No Guarantee; Right to Refuse
A domain name will be deemed active when the applicable registry accepts your application and activates your domain name or renewal. You agree that, by registration of Your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name. Starry Eyes Media makes no guarantees, representations, or warranties that your proposed registration request for a domain name, even if suggested by Starry Eyes Media, will be accepted by the applicable registry or that it will not infringe third-party rights. You acknowledge and agree that the proposed registration request for a domain name(s) submitted by Starry Eyes Media to any registry may fail or be rejected by the applicable registry for any number of reasons, including, but not limited to, the fact that your proposed registration request for a domain name was not first in time. You acknowledge and agree that the successful registration will depend upon a number of different factors that Starry Eyes Media cannot predict or control. You hereby assume all liability for the domain name you chose, even if suggested by Starry Eyes Media, and acknowledge that in the event that the domain name infringes third-party rights or is otherwise prohibited, it may be subject to arbitrary or other legal proceedings even after its registration.
3.6 No Grant Of Rights
The registration of a domain name does not provide you with any intellectual property protections, rights, or registrations, nor does it provide you with any rights to any particular domain name registration.
3.7 Right To Refuse
Starry Eyes Media, in its sole discretion, reserves the right to refuse to register a chosen domain name or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such domain name. In the event that we do not register Your chosen domain name or we delete your chosen domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid, however, In the event that we delete the registration of a domain name being used in association with SPAM or morally objectionable activities, no refund will be issued. You agree that we shall not be liable to you for loss, cost, or damage that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name, or refusal to register you for other Starry Eyes Media services.
4. Expired Domain Names
Your Domain will expire at the end of the applicable registration or renewal term, as applicable. Any renewal of your services with Starry Eyes Media is subject to our then-current terms and conditions, including, but not limited to, successful completion of any applicable authentication procedure, payment of all applicable service fees at or prior to the time of renewal, and the domain name registry’s acceptance of your domain name registration.
Should You not renew (either automatically or manually) Your Domain, prior to its expiration or during any applicable grace period mandated by ICANN, Your Domain name will be placed on hold for a period of 40 days, meaning that viewers will no longer be able to get to your Website. During such a 40-day period, you will be entitled to renew Your Domain at the standard rate. Following the lapse of such a 40-day period, Your Domain name will be still placed on hold and prepared for deletion, and You will still be able the renew your domain name, but You will have to pay an additional redemption fee of US $100. The amount of the redemption fee is determined by the registry and varies for each TLD. After 70 days, You will no longer have the option to renew Your Domain, and Your Domain will be marked for deletion, following which others will be able to buy Your Domain name. You acknowledge and agree that Your right and interest in a domain name ceases upon its expiration, and You agree that we may place our contact information in the WHOIS output for the expired domain name.
5. Cancellation And Suspension
You acknowledge and agree that Starry Eyes Media and/or the Registry Operator reserve the right to deny, cancel, re-direct, suspend, or transfer any registration or transaction, or place any domain name(s) on lock, hold, or similar status, as either deems necessary, in the unlimited and sole discretion of either Starry Eyes Media or the Registry Operator:
- in order to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
- in order to correct mistakes made by Starry Eyes Media or Registry Operator in connection with the registration of a domain name;
- for the non-payment of fees to Registry Operator;
- in order to protect against substantial threats to the security and stability of the Registry Operator, Starry Eyes Media, their systems, their nameservers, or the internet;
- in order to ensure compliance with any applicable court orders, laws, government rules or requirements, requests of law enforcement, or any dispute resolution process and Registry Policies;
- in order to ensure compliance with any applicable ICANN rules or regulations;
- in order to avoid any liability, civil or criminal, on the part of Starry Eyes Media or Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; and
- due to a breach of the terms of this Agreement.
Denial, cancelation, redirection, transfer, suspension, lock, hold or similar status does not entitle You to any refund, either in whole or partial.
Service Fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Service fees that accrue during the period of suspension.
6. Fees And Payment; Auto-Renewal
6.1 Payment of Your Fees
In consideration for the Services you purchased, including but not limited to the domain registration services, you agree to pay Starry Eyes Media the applicable Service(s) fees as set forth on the Starry Eyes Media Website at the time of your purchase of such Services from Starry Eyes Media all in accordance with the payment terms as set forth on the Website.
Unless if explicitly stated otherwise on the Website, all fees for Domain Registration are due immediately and are non-refundable, including in the event that Your Domain Name is suspended, canceled, or transferred prior to Your current registration period. To view the price list please click here.
You agree to pay all value-added, sales, and other taxes (other than taxes based on Starry Eyes Media income) related to the Services or payments made by you hereunder.
You are solely responsible for the credit card or payment information you provide to Starry Eyes Media and you must promptly inform Starry Eyes Media of any changes thereto (e.g., change of expiration date or account number). You understand that if you do not maintain up-to-date and valid credit card information, that Your Domain and other services we provide will not be renewed. This could result in the loss of Your Domain registration and/or, in the case of privacy/proxy or Starry Eyes Media SPAM Protection service customers, the possible publication of your personal information in the public WHOIS.
6.2 Auto-Renewal Terms
In order to ensure that you do not experience any interruption or loss of services, Your Domain and any other service associated thereto (i.e. privacy/proxy service) are set to automatically renew upon the end of the applicable Domain Service period, for the same term then-currently in place for the Services, and at the then-current price for the Services (which may be higher or lower than the original price for the Services).
Starry Eyes Media will attempt to charge your payment method on file, for the renewal fee up to 30 days before the expiration date of the Domain and extends the registration for an equivalent period as the original period. Starry Eyes Media will also endeavor to provide you a notice at least 30 prior to charging your payment method.
In the event of failure to collect the fees owed by You, we may in our sole discretion (but shall not be obligated to) retry to collect at a later time and/or suspend or cancel Your Domain, without further notice. In the event that Starry Eyes Media is unable to charge all fees through your payment method or if Starry Eyes Media receives a notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Registrant’s selected payment method, Starry Eyes Media may pursue all available lawful remedies to obtain payment, including immediately suspending or canceling your Domain Name and any Service provided to you. Automatic Renewal will not be effective until payment is final.
You are solely responsible for ensuring that the payment method You have on file with Starry Eyes Media is current and valid. By entering into this Agreement, You acknowledge the automatic renewal terms of Your Domain as indicated herein and You authorize Starry Eyes Media to charge the applicable fees to your authorized method of payment until You cancel the Services.
It is hereby made clear that you are solely responsible for ensuring the services are renewed. Starry Eyes Media shall have no liability to you or any third-party in connection with the renewal as described herein, including, but not limited to, any failure or errors in renewing the services.
6.3 Free Product Terms
In the event that You are provided with free products with the registration of Your Domain, or register a Domain at a promotional rate (either free of charge or discounted rate) (collectively, “Promotional Offers”), You acknowledge and agree that such Promotional Offers will only be available with a valid purchase for the term as indicated in the respective offer only, and may be terminated in the event the domain name is deleted, canceled, or otherwise failed to be registered. Renewal of a Promotional Offer will be at the applicable list price.
7. Dispute Resolution
You agree to be bound by all ICANN consensus policies and all policies of any relevant Registry Operator, including the Uniform Rapid Suspension Procedure, the Uniform Domain Name Dispute Resolution Policy (UDRP), along with the UDRP rules and all supplemental rules of any UDRP provider, which are all incorporated herein and made a part of this Agreement by reference. The current version of the ICANN domain name dispute policy may be found at https://www.icann.org/resources/pages/policy-2012-02-25-en. In the event of any inconsistency between the provisions in this Agreement and those in the applicable Dispute Policy, the provisions of this Agreement shall prevail. You are aware of the fact that the Dispute Policy may be modified from time to time. If a third-party challenges the registration or reservation of Your Domain Name (for instance, if Your Domain name is allegedly identical or confusingly similar to a trademark or has been registered in bad faith), You will be subject to the UDRP’s provisions in effect at the time the third-party disputes Registrant’s Registered Name registration.
You agree that in the event a domain name dispute arises with any third-party, you will indemnify and hold Starry Eyes Media harmless pursuant to the terms and conditions set forth below in this Agreement.
If we are notified that a complaint has been filed with a judicial or administrative or governmental body regarding your Domain Name, we may take whatever action it deems necessary in its sole discretion and without any liability to You regarding modification, assignment, or control of Your Domain to comply with the governmental, administrative, or judicial body’s requirements until the dispute is settled. If You or Your Domain name become the subject of litigation, we may deposit control of Your Domain into the registry of the judicial body by supplying a party with a registrar certificate.
8. Domain Name Transfers
The transfer of Domain Names will be governed by the ICANN Transfer Policy.
8.2 Transfer Between Registrars
You agree that Starry Eyes Media may, but are not obligated to, place Your Domain name registration in a Domain Protect status to prevent unauthorized transfers of your domain name registration, as described on the Website. You acknowledge and agree that in order to transfer a domain name registration that is in a Domain Protect status, you first need to contact Starry Eyes Media by submitting a Support Ticket here.
You may not transfer Your Name:
- within 60 days of initial registration;
- within 60 days of a transfer;
- if there is a dispute regarding the identity of the Domain Name registrant;
- if You fail to pay Fees when due;
- if Your Domain is expired, or if Your Domain is subject to a UDRP lock or is otherwise not permitted under ICANN Policies or applicable law.
Starry Eyes Media may transfer Your Domain Name registered by Starry Eyes Media as a reseller with a third-party accredited registrar to Starry Eyes Media’s accredited registrar, or vice versa, at its sole discretion.
8.3 Transfers between Registrants
In order to transfer Your Domain to a third-party, Your Domain is required to be eligible for such transfer under the ICANN Transfer Policy.
You hereby confirm that prior to and as a pre-condition to the transfer of Your Domain Name to a third-party, the entity or person to whom You propose to transfer Your Domain Name (“New Registrant”) must enter into a domain registration agreement in writing with Starry Eyes Media. If the New Registrant fails to be bound in a reasonable fashion (as determine by Starry Eyes Media in its sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void. You explicitly authorize Starry Eyes Media to act as Your “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on Your behalf.
The transfer of a domain name registration services to a third-party, shall not release you in any way from your obligation to comply with all terms and conditions of this Agreement, and you accept liability for harm caused by such third-party wrongful use of our domain name registration services.
You agree that Starry Eyes Media may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request from Starry Eyes Media. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by ICANN related to the transfer of domain names and/or disputes, it is possible for Your Domain to be transferred to another registrar even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third-parties, including but not limited to registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse a domain name transfer, whether or not the transfer was approved by you.
8.4 ICANN’s Education Materials
You may find ICANN’s education materials for registrants at the following links:
- Registrants’ Rights and Responsibilities: https://www.icann.org/resources/pages/responsibilities-2014-03-14-en
- Registrant Rights and Benefits: https://www.icann.org/en/resources/registrars/registrant-rights/educational
9. Starry Eyes Media SPAM Protection Service; Private Registration
As part of our continued efforts to ensure the privacy and security of our Users and their use of our domain name registration service, Starry Eyes Media offers its Users, free of charge, to join automatically to Starry Eyes Media’s SPAM Protection service or any other name as Starry Eyes Media determines, at its sole discretion (“Starry Eyes Media SPAM Protection”). Starry Eyes Media Spam Protection will automatically replace your email address and voice telephone number with an alternative email address (e.g., example.com@Starry Eyes Media-domains.com) and a voice telephone number, both will refer the person who is trying to contact you, to a dedicated form’s URL. The remainder of Your identity and contact information will be publicly available unless You purchase private registration services. Starry Eyes Media may modify its information from time to time in such a way that may constitute a “Change of Registrant” under the Transfer Policy. In addition, You explicitly authorize the registrar of the domain name you own hereunder to act as its “Designated Agent” (as defined in the Transfer Policy) to approve each “Change of Registrant” (as defined in the Transfer Policy) on Your behalf.
9.2 How It Works?
Only emails and voice telephone calls received by Starry Eyes Media with respect to Your Domain, which been registered to Starry Eyes Media SPAM Protection service, will be handled as follows:
9.2.1. Email Communication
- Emails that are mandatory by ICANN will be forwarded or sent directly to your email address, as it appears on Starry Eyes Media’s records; and
- Other email correspondence will be reviewed and answered with an auto-reply referring the sender to submit an online form (the “Contact Form”) that will be forwarded to Your email address, only after being reviewed and approved as legitimate by Starry Eyes Media.
9.2.2. Voice Telephone Number
- A voice-mail message will advise all callers that inbound messages will not be accepted;
- Calls will be directed to the Contact Form, where written messages will be forwarded to You in accordance with section 4.3.1 above.
Starry Eyes Media will only be responsible for forwarding communications where our details have appeared in the WHOIS and when your WHOIS Information is accurate, complete, and up to date.
9.3 Termination, Suspension, and Reveal of Information.
Starry Eyes Media shall have the right, at its discretion and without liability to You, to terminate or suspend Starry Eyes Media SPAM Protection or any private registration service and to reveal Your email address and/or voice telephone number in certain circumstances, including but not limited to the following:
- when and as required by law;
- in order to comply with a legal process served upon Starry Eyes Media;
- in order to comply with ICANN, Registry and/or Registrar policies and procedures;
- in order to resolve third-party claims in accordance with ICANN’s ot Registry’s dispute resolution policy;
- in order to avoid financial loss or legal liability;
- if Starry Eyes Media believes, in good faith, that disclosure is necessary to further determination of an alleged breach of a law; or,
- if Starry Eyes Media believes that You are using Starry Eyes Media SPAM Protection or private registration service to conceal Your involvement with illegal or harmful activities.
- if Starry Eyes Media believes you have breached any term of this Agreement or any other agreement that you may have with Starry Eyes Media or any Starry Eyes Media affiliate.
9.4 Collection of Personal Information
9.5 Disabling Starry Eyes Media SPAM Protection Service
Registrant will retain complete control over the domain name and its registration records and may disable and enable the Starry Eyes Media SPAM Protection service at any time, through Your account. Disabling Starry Eyes Media SPAM Protection is subject to a 60-day inter-registrar transfer lock.
9.6 No Warranty
Starry Eyes Media is not responsible or liable for the deletion or failure to store or forward any content and other communications maintained or transmitted through the use of Starry Eyes Media SPAM Protection service. Starry Eyes Media is providing you the Starry Eyes Media SPAM Protection on an “as-is” basis and does not warrant that Starry Eyes Media SPAM Protection service will be error-free or uninterrupted. You further understand and agree that Starry Eyes Media disclaims any loss or liability resulting from:
- the inadvertent disclosure or theft of Your personal information;
- access delays or interruptions to our website or the websites of affiliated parties;
- data non-delivery, delayed delivery, or misdelivery between You and Starry Eyes Media;
- deletion of, failure to store, failure to process, or act upon email messages sent to or forwarded to either You or the email address listed for Your domain;
- processing of updated information regarding Your account;
- any act or omission caused by You or Your agents (whether authorized by You or not).
The term of this Agreement shall continue in full force and effect as long as You have any domain name registered through Starry Eyes Media.
You agree that this Agreement may be modified in order to comply with applicable laws and regulations and/or the terms and conditions set forth by the ICANN and/or the registry administrator of the applicable TLD, as well as any registration rules or policies that may be published from time to time by Starry Eyes Media.
You acknowledge and agree that:
- Registry Policies and/or applicable Dispute Policies may be modified at any time and from time to time;
- You are solely responsible to occasionally review such Domain Service Policies to determine if changes have been made; and
- Your use of Your Domain or the after such changes or modifications have been made shall constitute Your acceptance of this Agreement or any of the other modified policies or agreements as last revised. If you do not agree to be bound by any of the Domain Service Terms as last revised, do not use (or continue to use) the Services. If you cancel or terminate the Services with Starry Eyes Media as a result of the modified Domain Service Terms, no fees will be refunded to You.
In the event that You intend to license the use of a domain name to a third-party, You will remain the Registered Name Holder of record and will be responsible for providing your 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. Upon licensing use of Your Domain according to this provision You accept liability for harm caused by wrongful use of Your Domain unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing You reasonable evidence of actionable harm.
13. Limitation Of Liability
You agree that Starry Eyes Media’s entire liability, and Your exclusive remedy, with respect to the domain registration service provided under this Agreement and any breach of this Agreement, is solely limited to the amount You paid for the initial registration of Your Domain. Starry Eyes Media, ICANN, and the applicable registries shall not be liable for any lost profits, revenues, or data, financial losses, or indirect, special, consequential, exemplary, or punitive damages. Because some states and countries do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, liability is limited to the extent permitted by law.
Except for the express warranties in this agreement, to the maximum extent permitted by applicable law, Starry Eyes Media and its suppliers do not make any other warranty of any kind, whether express, implied, statutory, or otherwise, including warranties of merchantability, fitness for a particular purpose, and noninfringement. Starry Eyes Media is not responsible or liable for the deletion of or failure to store any content and other communications maintained or transmitted through the use of the Service. Starry Eyes Media does not warrant that the Service will be error-free or uninterrupted. The Services are not designed, manufactured, or intended for high-risk activities.
Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable without Starry Eyes Media’s prior written consent. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment, or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell, or otherwise exploit for any commercial purposes any of the Services (or portion thereof) without Starry Eyes Media’s prior written consent.
15.2 No Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Starry Eyes Media. The remedies of Starry Eyes Media under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
15.3 Force Majeure
Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption, or delay in the performance of its obligations hereunder due to causes beyond the reasonable control of the party, provided that the party relying upon this section
- shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and
- shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Starry Eyes Media may immediately terminate this Agreement.
15.4 Severability; Prevailing Provisions
In the event this Agreement terminates as provided herein, Sections 3, 4, 5, 6, 7, 8, 9, 10, 13, 14, and 15.6 of this Agreement shall survive such expiration or termination.
15.6 Resolving Disputes; Governing Law
Starry Eyes Media wants to resolve any dispute without a formal lawsuit. Before you file a case, you agree to contact Starry Eyes Media and seek to resolve your concerns informally by emailing [email protected]. Starry Eyes Media will contact you by email and try to resolve your issue. If Starry Eyes Media has not resolved the issue 30 days after receiving your email, either you or Starry Eyes Media may initiate a proceeding. You also agree to the following mandatory arbitration provisions:
We both agree to arbitrate. You and Starry Eyes Media agree to resolve any claims relating to these Service Terms through final and binding arbitration by a single arbitrator, except as set forth under Exceptions to Agreement to Arbitrate below. This includes disputes arising out of or relating to interpretation or application of this “Mandatory Arbitration Provisions” section, including its enforceability, revocability, or validity.
Opt-out of Agreement to Arbitrate. You can decline this agreement to arbitrate by sending an email to [email protected] within 30 days of being approved for Starry Eyes Media Services.
15.6.1. Arbitration Procedures
We both agree that the American Arbitration Association (“AAA”) will administer the arbitration under its Commercial Arbitration Rules and the Supplementary Procedures for Consumer-Related Disputes. The arbitration will be held in English, in Charleston, West Virginia, or any other location we agree to.
15.6.2. Arbitration Fees and Incentives
The AAA rules will govern the payment of all arbitration fees. Starry Eyes Media will pay all arbitration fees for individual arbitration for claims less than $25,000. If you receive an arbitration award that is more favorable than any offer we make to resolve the claim, we will pay you $1,000 in addition to the award. Starry Eyes Media will not seek its attorneys’ fees and costs in arbitration unless the arbitrator determines that your claim is frivolous.
15.6.3. Exceptions to Agreement to Arbitrate
Either you or Starry Eyes Media may assert claims, if they qualify, in small claims court in Charleston, West Virginia. Either party may bring a lawsuit solely for injunctive relief to stop unauthorized use or abuse of intellectual property infringement (for example, trademark, trade secret, copyright, or patent rights) without first engaging in arbitration or the informal dispute-resolution process described above. If the agreement to arbitrate is found not to apply to you or your claim, you agree to the exclusive jurisdiction of the state and federal courts in Kanawha County, West Virginia to resolve your claim.
15.6.4. No Class Actions
You may only resolve disputes with us on an individual basis, and may not bring a claim as a plaintiff or a class member in a class, consolidated, or representative action. Class arbitrations, class actions, private attorney general actions, and consolidation with other arbitrations are expressly not allowed. If this specific paragraph is held unenforceable or otherwise void, then the entirety of this “Mandatory Arbitration Provisions” section will be deemed void.
15.6.5. Governing Law & Jurisdiction
This Agreement shall be governed by, construed under, and enforced in all respects solely and exclusively in accordance with the internal substantive laws of the State of West Virginia, USA, without respect to its conflict of laws principles.
Any notice, direction, or other communication given under this Agreement shall be in writing, in English, and given by sending it via email. Starry Eyes Media may also provide you notices via Your account at Starry Eyes Media. Starry Eyes Media’s notice to you will be deemed received and effective within twenty-four (24) hours after it was published or sent by email unless otherwise indicated in the notice. You agree that any notices required to be given under this Agreement by us to you will be deemed to have been given if delivered in accordance with the account and/or domain name WHOIS information you have provided. Any notice to You will be sent to the e-mail address You provided to Starry Eyes Media.
16. Customer Service Contact
16.1 Reaching Starry Eyes Media Customer Service
To get in touch with our Support, please use any of the options listed below:
16.2 Report Abuse
You may report abusive conduct or infringement of rights by contacting Starry Eyes Media through our Abuse Form.
Appendix A – TLDs
The following additional provisions apply to any domain names that you register through Starry Eyes Media with the various registries:
.com and .net Domains: In the case of a “.com” or “.net” registration, the following terms and conditions will apply:
Submission to UDRP. Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Dispute Policy (“UDRP”) (http://www.icann.org/dndr/udrp/policy.htm) and comply with the requirements set forth by the Registry; these policies are subject to modification;
For the adjudication of disputes concerning or arising from the use of the domain name, You shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile, and (2) where Starry Eyes Media is located, presently Princeton, West Virginia.