Reseller Domain Name Registration Agreement
This Domain Name Registration Agreement (“Agreement”) is by and between Starry Eyes Media (“Starry Eyes Media”) acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here or as the sponsoring registrar (the “Starry Eyes Media Registrar”; Each sponsoring registrar, including Starry Eyes Media Registrar shall be deemed hereinafter “Registrar”) and you, your heirs, agents, successors and assigns (“You”), and is made effective as of the date of your electronic acceptance of its terms.
Starry Eyes Media initially registers Domain Names with a Registrar as as reseller, however, may freely transfer Your Domain Name to another Registrar including to Starry Eyes Media Registrar upon renewal of Your Services, and you hereby acknowledge and agree to such transfer. In each case, the term “Registrar” shall be changed accordingly to reflect such updated registrar, and accordingly, any registration of a Domain Name through a Registrar is subject, in addition to the terms of this Agreement, to the terms of service of the applicable Registrar, which are incorporated here by reference. It is your sole responsibility to identify Your Registrar by retrieving Your registration data from here, and consequently to read and conform to the applicable Registrar’s terms of service. For convenience, the terms of Tucows Master Domain Registration Agreement can be found here; and the Starry Eyes Media Domain Name Registration Agreement can be found here (the “Starry Eyes Media Registration Agreement”). In the event of a conflict between this Agreement and the applicable Registrar’s terms of service – the terms of this Agreement shall prevail, provided, however, that in the event that the Registrar is Starry Eyes Media, then the terms of the Starry Eyes Media Registration Agreement shall prevail.
You acknowledge that Starry Eyes Media’s acceptance of any application made by You for registration of a Domain will take place at the Internet Corporation for Assigned Names and Numbers (“ICANN”) via Starry Eyes Media.
By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement and any other agreement incorporated herein by reference, including the dispute resolution policy and the ICANN Transfer Dispute Resolution Policy.
In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You’ve established with Starry Eyes Media, whether or not the transactions were in Your behalf.
You agree that such 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 chosen by ICANN, as well as any registration rules or policies that may be published from time to time by Starry Eyes Media and/or by Starry Eyes Media.
1. AGREEMENT TO BE BOUND
By applying for the Services through the Starry Eyes Media online application process or otherwise, or by using the Services provided by Starry Eyes Media under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated herein by reference.
2. REGISTRATION OF DOMAIN NAMES – TERMS
Starry Eyes Media does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.
2.2. Transfers and Licensing
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration through Starry Eyes Media. In addition, you agree that you may not transfer your domain registration to another domain name registrar for sixty (60) days after there has been a change in your Primary Contact information or WHOIS Administrative Contact information for your account(s). You may transfer your domain name registration to a third-party of your choice, subject to the procedures and conditions as set forth in the applicable Registrar Terms of Service. 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 licensee’s wrongful use of our domain name registration services.
2.3. Disclosure of 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. If you are an individual who wishes to opt out of having your information displayed in the WHOIS database, you must choose the Private Registration service as provided on the Website. You consent to allow us to transmit this registration data to an ICANN approved or designated escrow agent who stores this information pursuant to ICANN requirements.
2.4. Domain Name Dispute Policy
If you registered a domain name through Starry Eyes Media, you agree to be bound by the current domain name dispute policy of ICANN (the “Dispute Policy”) that is 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: www.icann.org/dndr/udrp/policy.htm. In the event of any inconsistency between the provisions in this Agreement and those in the 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. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement.
The Dispute Policy shall govern any dispute with any third-party regarding your use of the domain name. You agree that in the event a domain name dispute arises with any third-party, you will indemnify and hold us 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 body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:
- we are directed to do so by the judicial or administrative body, or
- we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.
2.5. No Guarantee
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 and/or by the Registrar 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 chosen, 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 proceeding even after its registration.
You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to:
- correct mistakes made by Starry Eyes Media, another registrar or the registry in registering your chosen domain name:
- to resolve a dispute under the Dispute Policy: or
- to remedy an unauthorized change in the domain name account.
2.7. Registrar Change & Transfers
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, it is possible for your domain name 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
2.8. Domain Protect
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 may first have to access the account manager tool on our Website and remove the domain name registration from Domain Protect status.
2.9. Expired Domain Names
You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction, or other temporary page, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
2.10. Transfer of Domain
Should you not renew the domain name during any applicable grace period, you agree that unless you notify us to the contrary, we may, at our sole discretion, renew and transfer the domain name to Starry Eyes Media or a third-party on your behalf, in any manner Starry Eyes Media desires, and your failure to so notify us after the domain name expiration date shall constitute your consent to such a transfer. Starry Eyes Media may or may not, at its sole discretion, provide you a notice of such transfer, after it is completed, via email. It is made clear that Starry Eyes Media may affect such a transfer of a domain in event of termination of this Agreement as result of your breach of its terms. You agree that we shall have no obligation to pay you or compensate you in any other way, and you shall have no right to receive proceeds, if any, in connection with such transfer of a domain.
2.11. Registry Actions or Inactions
The ability of Starry Eyes Media (and of the Registrar) to provide services to you depends in part upon the provision of services by third-parties, such as the applicable domain name registry which provides Country Code Top Level Domains (“ccTLDs”) or Generic Top Level Domains (“gTLDs”) services. Starry Eyes Media cannot control and will not be responsible for the actions or inactions of such third-parties. You acknowledge and agree that Starry Eyes Media shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third-parties, including, but not limited to, the applicable registry for your ccTLD or gTLD.
- your breach of any terms of this Agreement;
- any violation of a third-party’s right related to your registration;
- any dispute with the applicable registry or a third-party arising out of your registration;
- any dispute related to the submission of your registration to the applicable registry; or
- any use of the domain name(s) that you register with the applicable registry.
2.13. Disclaimer Concerning Intellectual Property Protection
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.
2.14. Registrants’ Benefits and Responsibilities:
2.15. ICANN Registrant Educational Materials:
3. FEES AND PAYMENT
In consideration for the Services you purchased, you agree to pay Starry Eyes Media the applicable service(s) fees as set forth on the Starry Eyes Media website (the “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. To view the price list please visit https://starryeyes.media/about/domain-pricing/.
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. Unless stated otherwise on the Website, all payments of fees for Starry Eyes Media Services shall be made in U.S. dollars.
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).
4. Starry Eyes Media SPAM PROTECTION SERVICE
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 intends to protect you from receiving spam and malicious phishing attempts to your email address and your voice telephone number, due to the availability of this information to the general public through the domain name whois directory, as required by ICANN.
4.2. ICANN Whois Database
Subject to the requirements of ICANN, during the purchase process of a domain name through Starry Eyes Media platform, You must provide true, accurate and current contact information, as described above. Starry Eyes Media will keep Your aforesaid contact information on file in accordance with this Agreement, but will not include Your email address and voice telephone number in the publicly available whois directory, instead, Starry Eyes Media will automatically provide 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 privacy/proxy services.
Starry Eyes Media may modify its information from time to time in such a way which may constitute a “Change of Registrant” under ICANN’s Transfer Policy (the “Transfer Policy”). In such a case, You explicitly opt out of any 60-day inter-registrar transfer lock that would otherwise be imposed under the Transfer Policy due to any such Change of Registrant. 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.
4.3. How it works?
Only emails and voice telephone calls received by Starry Eyes Media with respect to Your particular domain name, which been registered to Starry Eyes Media’s chosen SPAM Protection service, will be handled as follows:
4.3.1. 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.
4.3.2. 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.
4.4. 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 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, Registry’s or Registrar’s dispute resolution policy;
- In order to avoid financial loss or legal liability;
- Starry Eyes Media believes, in good faith, that disclosure is necessary to further determination of an alleged breach of a law; or,
- Starry Eyes Media believes that You are using Starry Eyes Media SPAM Protection service to conceal Your involvement with illegal or harmful activities.
If you are using Starry Eyes Media SPAM Protection service to limit the amount of personal information display in the Whois database, please be aware that only the alternative data provided by Starry Eyes Media will be escrowed.
4.6. Disable 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 contacting Starry Eyes Media through a Support Ticket. If not opted-out, disabling Starry Eyes Media SPAM Protection is subject to a 60-day inter registrar transfer lock.
4.7. Report Abuse and Rights Infringement
You may report abusive conduct or infringement of rights by contacting Starry Eyes Media via our Abuse form located here.
Starry Eyes Media is not responsible or liable for the deletion or of 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: (i) the inadvertent disclosure or theft of Your personal information; (ii) access delays or interruptions to our web site or the web sites of affiliated parties; (iii) data non-delivery, delayed delivery or misdelivery between You and Starry Eyes Media; (iv) 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; (v) processing of updated information regarding Your account; (vi) any act or omission caused by You or Your agents (whether authorized by You or not).
4.9. Customer Service Contact
To get in touch with our Customer Service, please use any of the options listed below:
- Go to Starry Eyes Media Help Center which is available at: https://support.starryeyesmedia.com
- Send an email message to: [email protected]
5. TERM AND RENEWAL
In order to ensure that you do not experience any interruption or loss of services, the Services and any other service associated thereto (i.e. privacy/proxy service) are set to automatically renew, by default, according to which, unless you turn-off the auto-renewal option, such Services will automatically renew upon the end of the applicable 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 within 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.
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 the Services as indicated herein and You authorize Starry Eyes Media to charge the applicable fees to your authorized method of payment until You turn-off the auto-renewal.
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.
You acknowledge and agree that upon renewal of your Services, Starry Eyes Media, at its sole discretion, may transfer Your Domain Name to another Registrar, including Starry Eyes Media Registrar, in accordance with the terms herein.
6. PERSONAL INFORMATION
Starry Eyes Media relies on the information you provide it (as part of the registration process) to send you important information and notices regarding your account and our services. You agree to:
- provide certain true, current, complete and accurate information about you as required by the application process; and
- maintain and update according to the modification procedures the information you provided to Starry Eyes Media when purchasing the Services as needed to keep it current, complete and accurate.
Except as otherwise expressly set forth herein or on the Website, Starry Eyes Media will cease charging your credit card, if applicable, for any Service fees as of the expiration of the billing cycle in which the termination is effective. Unless otherwise specified in writing by Starry Eyes Media, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a subscription term being paid for over time). It is agreed that upon termination for any reason, Starry Eyes Media may delete all information related to you on the Starry Eyes Media service, if applicable.
If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Starry Eyes Media incurs in closing your account. You agree to pay any and all costs incurred by Starry Eyes Media in enforcing your compliance with this Section.
9. REFUSAL RIGHT
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 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. You agree that we shall not be liable to you for loss or damages 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 service(s).
Except as otherwise provided in this Agreement, you agree during the term of this Agreement, that Starry Eyes Media may:
- revise the terms and conditions of this Agreement; and/or
- change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective upon posting of the revised Agreement or change to the service(s) on Starry Eyes Media Website, or upon notification to you.
No employee, contractor, agent, or representative of Starry Eyes Media is authorized to modify or amend the terms and conditions of this Agreement.
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.
13. 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 a party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) 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.
14. INCORPORATION BY REFERENCE
It is hereby agreed that the provisions of applicable Registrar’s terms of service (including the Starry Eyes Media Registration Agreement, if applicable) which include additional provisions relating to the purchase and registration of different domain names are expressly incorporated herein by reference, and shall be deemed as an integral part of this Agreement
In the event this Agreement terminates as provided herein, Sections 2, 4, 5, 8, 12, 13 and 14 of this Agreement shall survive such expiration or termination.
If a translated (non-English) version of these Terms of Service conflicts in any way with their English version, the provisions of the English version shall prevail.