Last modified: October 20, 2016
Google Domains Domain Name Registration Agreement
This Domain Name Registration Agreement (the "Agreement") is between Google Inc., 1600 Amphitheatre Parkway, Mountain View, California 94043 ("Google") and you on behalf of yourself or the entity you represent ("Registrant").
This Agreement is effective as of the date Registrant clicks the "Accept and Buy" button, or otherwise shows assent to the terms and conditions of this Agreement (the "Effective Date"). If you are accepting on behalf of Registrant that is a separate legal entity, you represent and warrant that: (a) you have full legal authority to bind Registrant to this Agreement; (b) you have read and understand this Agreement; (c) you agree, on behalf of Registrant, to comply with this Agreement; and (d) the Registrant expressly authorizes you to approve Change of Registrants on its behalf. If you do not have the legal authority to bind Registrant, please do not click the "Accept and Buy" button and do not continue with your domain name registration. This Agreement also governs Registrant's access to the Google Domains Site, and use of the Services.
PROVISION OF SERVICES.
ICANN Registrar. Google is an ICANN accredited registrar and is bound by an agreement with ICANN and the applicable Registry Operator for any TLD in which Google offers domain name registrations.
Domain Name Registration Services. "Services" means Google’s domain name registration services available through the Google Domains Site. The Services do not include Third Party Services or Other Google Services. Domain name registrations are only for limited terms, which end on either (i) the expiration date communicated to Registrant, subject to Registry policies, or (ii) cancellation of the Registered Name registrations by Registrant or Google. No domain name registration submitted through the Google Domains Site will be deemed effective unless and until the relevant Registry accepts Registrant’s application and activates Registrant’s domain name registration or renewal.
Domain Name Availability. Google does not guarantee that Registrant will be able to register or renew a desired domain name, even if Google’s systems indicate that the domain name is available or Registrant is able to complete an order with respect to such domain name. Google cannot know with certainty whether or not a third party is simultaneously seeking to register the domain name that Registrant is seeking to register, or whether there are any inaccuracies or errors in the domain name registration or renewal process or related databases, including the various WHOIS or other Registry Operator databases. Google is not responsible for any inaccuracies or errors in the domain name registration or renewal process.
Registration Acceptance. Google may accept or reject Registrant’s application for registration or renewal for any reason at its sole discretion, including, rejection due to a prohibited, improper, unavailable, infringing or otherwise questionable domain name. Google is not liable or responsible for any third party’s errors, omissions or other actions arising out of or related to Registrant’s domain name application, registration, or renewal, including any Registry Operator administrator’s failure to register or renew a domain name.
Account. Registrant must have an Account to use the Service, and is responsible for the information it provides to create the Account, the security of its passwords for the Account, and for any use of its Account. If Registrant becomes aware of any unauthorized use of its password or its Account, Registrant will notify Google as promptly as possible and will notify Google at https://domains.google.com/
Third Party Services. The Google Domains Site may offer certain Third Party Services (e.g. services that register TLDs for which Google is not an accredited registrar, or services that provide private or proxy registration). The Third Party Services are subject to separate terms and conditions in addition to the terms and conditions contained in this Agreement. In the event of a conflict between such Third Party Services terms and conditions and this Agreement, the terms and conditions of this Agreement will govern.
Other Google Services. The Google Domains Site may also offer certain Other Google Services. The Other Google Services are subject to separate terms and conditions in addition to the terms and conditions contained in this Agreement. If Registrant enables sharing access with another user through the Google Domains Site, such sharing may be applied to the Other Google Services.
DOMAIN NAME DELETION AND TRANSFER.
Domain Name Deletion Policy. The Google Domains Domain Name Deletion Policy is set forth at https://support.google.com/
Domain Name Transfer.
Registrant’s transfer of Registered Names will be governed by the ICANN Transfer Policy, including the Registrar Transfer Dispute Resolution Policy, and Uniform Domain Name Dispute Resolution Policy, as these policies may be modified from time to time.
In order for a Registrant to transfer Registrant’s Registered Name(s) to a registrar other than Google ("Gaining Registrar"), Registrant must access Registrant’s Account, unlock the Registered Name and obtain the EPP "AuthCode" which is required to transfer Registered Names in an EPP Registry Operator (such as .org). The transfer itself must be initiated by the Gaining Registrar. Each registrar has its own transfer process and Google is not responsible for any issues with the Gaining Registrar’s system. Once Registrant has successfully initiated a transfer request through the Gaining Registrar, the Registrant must approve the request.
Registrant may not transfer a Registered Name (i) within 60 days of initial registration; (ii) within 60 days of a transfer; (iii) if there is a dispute regarding the identity of the Registered Name registrant; (iv) if Registrant fails to pay Fees when due; (v) if the Registered Name is expired, or if a Registered Name is subject to a UDRP lock.
Registrant acknowledges that Google will not prohibit Registrant from transferring its Registered Name to other registrars within 60 days of a Change of Registrant.
Google will follow the procedures for both gaining and losing registrars as outlined in the then current ICANN Transfer Policy. During the transfer period, if the domain name expires, Registrant may need to reinstate the transfer request following a renewal or redemption of the domain name. Registrant may be required to resubmit a transfer request if there is a communication failure.
Records. Registrant will maintain its own records appropriate to document and prove the initial domain name registration date.
Transfers to Google. Google may also transfer domain names registered through Google Domains from a third party accredited registrar or reseller to Google’s accreditation, or vice versa, in order to more effectively provide Services, or otherwise, in Google's sole discretion.
Fees. Registrant will pay all Fees due for all services purchased on the Google Domains Site. All Fees are non-refundable unless otherwise expressly noted.
Taxes. Registrant is responsible for any applicable taxes. In some states the sales tax is due on the total purchase price at the time of sale and must be invoiced and collected at the time of the sale.
Invoice Disputes. To the fullest extent permitted by law, Registrant waives all claims relating to Fees unless claimed within 60 days after charged (this does not affect any Registrant rights with its credit card issuer).
Incomplete Payment. If Google is unable to charge all Fees through the Registrant’s selected payment method, or if Google receives notification of a chargeback, reversal, payment dispute, or is charged a penalty for any fee it previously charged to Registrant’s selected payment method, Google may pursue all available lawful remedies to obtain payment, including immediately cancelling any Services or Registered Names registered or renewed on Registrant’s behalf.
Protection of Personal Data.
To the extent permitted by ICANN and applicable law, Google may use the publicly available information that Registrant provided during the registration process. Google will retain the Registrant Information as directed by ICANN Data Retention Specification.
ICANN Required Disclosures.
Third Party Service Providers. Registrant consents to Google providing some of the Registrant Information to Third Party Services providers that are necessary to facilitate the provision of those third-party services.
Legal Process. Google may also disclose Registrant Information to the extent required by applicable law or Legal Process.
Proxy Registration Service. If Registrant elects to use a proxy registration service, during the period in which such service is enabled, WHOIS will make publicly available the third-party registration proxy service provider’s name and contact information instead of the Registrant’s name and contact information. In such a case, the proxy registration service will be the Registered Name Holder of record, although Registrant may still be subject to liability for use of the Registered Name.
Accuracy of Information.
MODIFICATIONS. Google may make changes to any term of this Agreement and the URL Terms from time to time, including changes required by ICANN or Registry Operators. If Google makes a material change to the URL Terms, Google will provide the Registrant with notice of such change. Registrant’s continued use of the Services constitutes acceptance of the modified terms.
REPRESENTATIONS AND WARRANTIES. Registrant represents and warrants that:
SUSPENSION AND CANCELLATION. Google may in its sole discretion, suspend or cancel Registrant’s Registered Name registration (a) if Registrant breaches this Agreement (including a breach of any of the representations and warranties in Section 7); (b) to comply with a court order or other legal requirement; (c) as required by ICANN, a Registry Operator, or law enforcement; (d) to protect the integrity and stability of the Services; (e) if there was an error in the registration process for such Registered Name, or (f) if Registrant’s Account is disabled or terminated.
Term of Agreement. Unless earlier terminated in accordance with this Agreement, this Agreement will remain in effect as long as (a) Registrant has a Registered Name registered with Google and (b) Google is an ICANN-accredited registrar.
Expiration of Registered Name. The Registered Name will expire on the expiration date specified in the Services, , or the date determined by the applicable Registry Operator or ICANN policy.
Termination. If Registrant breaches this Agreement, it may no longer use the Google Domains Site and Google may terminate or suspend Registrant’s Google Domains Account and cancel or suspend any of Registrant’s Registered Name registrations. Google may, in its sole discretion, change, suspend, or terminate, temporarily or permanently, the Google Domains Site or any part or features of it at any time, for any reason, without any notice or liability to Registrant or any other entity.
INTELLECTUAL PROPERTY RIGHTS. Except for the rights expressly set forth in this Agreement, this Agreement does not grant either party any implied or other rights to the other's intellectual property, including any content.
DISCLAIMER. EXCEPT FOR THE EXPRESS WARRANTIES IN THIS AGREEMENT, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE 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. GOOGLE AND ITS SUPPLIERS ARE NOT RESPONSIBLE OR LIABLE FOR THE DELETION OF OR FAILURE TO STORE ANY CONTENT AND OTHER COMMUNICATIONS MAINTAINED OR TRANSMITTED THROUGH USE OF THE SERVICE. GOOGLE DOES NOT WARRANT THAT THE SERVICE WILL BE ERROR-FREE OR UNINTERRUPTED. THE SERVICES ARE NOT DESIGNED, MANUFACTURED, OR INTENDED FOR HIGH RISK ACTIVITIES.
INDEMNIFICATION. Registrant will defend, indemnify, and hold harmless Google and the Registry Operator and their subcontractors, and their respective directors, officers, employees, agents, and affiliates, from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to (a) Registrant’s registration and use of a Registered Name; (b) use of the Registered Name in violation of this Agreement; or (c) Registrant’s violation of any third party right, including Intellectual Property Rights.
LIMITATION OF LIABILITY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, GOOGLE AND GOOGLE’S SUPPLIERS WILL NOT BE LIABLE FOR LOST PROFITS, REVENUES, OR DATA, FINANCIAL LOSSES OR INDIRECT, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, EVEN IF GOOGLE KNEW OR SHOULD HAVE KNOWN THAT SUCH DAMAGES WERE POSSIBLE AND EVEN IF DIRECT DAMAGES DO NOT SATISFY A REMEDY.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, THE TOTAL LIABILITY OF GOOGLE AND ITS SUPPLIERS AND DISTRIBUTORS FOR ANY CLAIMS UNDER THIS AGREEMENT, INCLUDING FOR ANY IMPLIED WARRANTIES, IS LIMITED TO THE LOWER OF (I) THE AMOUNT REGISTRANT PAID GOOGLE TO USE THE SERVICES DURING THE TWELVE MONTHS PRIOR TO THE EVENT GIVING RISE TO THE LIABILITY OR (II) FIVE THOUSAND US DOLLARS.
IN ALL CASES, GOOGLE, AND ITS SUPPLIERS, WILL NOT BE LIABLE FOR ANY LOSS OR DAMAGE THAT IS NOT REASONABLY FORESEEABLE.
PROVISIONS APPLICABLE TO REGISTRATION OF SPECIFIC TLDS. Registration of certain TLDs are subject to compliance with the additional terms set forth at https://domains.google.com/
Notices. All notices must be in English in writing and addressed to the other party’s primary contact (or the other party’s legal department in the case of notification of termination or breach). The address for notices to Google’s Legal Department is email@example.com. Notice will be treated as given on receipt, as verified by written or automated receipt or by electronic log (as applicable).
Assignment. Registrant may not assign any part of this Agreement without Google’s prior written consent.
Force Majeure. Neither party will be liable for failure or delay in performance to the extent caused by circumstances beyond its reasonable control.
No Waiver. Neither party will be treated as having waived any rights by not exercising (or delaying the exercise of) any rights under this Agreement.
No Agency. This Agreement does not create any agency, partnership or joint venture between the parties.
Severability. If any term (or part of a term) of this Agreement is invalid, illegal or unenforceable, the rest of the Agreement will remain in effect.
Governing Law. ALL CLAIMS ARISING OUT OF OR RELATING TO THIS AGREEMENT OR THE SERVICE WILL BE GOVERNED BY CALIFORNIA LAW, EXCLUDING THAT STATE'S CONFLICT OF LAWS RULES, AND WILL BE LITIGATED EXCLUSIVELY IN THE FEDERAL OR STATE COURTS OF SANTA CLARA COUNTY, CALIFORNIA, USA; THE PARTIES CONSENT TO PERSONAL JURISDICTION IN THOSE COURTS.
Equitable Relief. Nothing in this Agreement will limit either party's ability to seek equitable relief.
Survival. The following Sections will survive expiration or termination of this Agreement: 4.3 (Provision of Registrant Information to Third Parties), 7 (Representations and Warranties), 10 (Intellectual Property Rights), 11 (Disclaimer), 12 (Indemnification), 13 (Limitation of Liability), and 15 (Miscellaneous).
Entire Agreement. This Agreement supersedes all other agreements between the parties relating to its subject matter. In entering into this Agreement, neither party has relied on, and neither party will have any right remedy based on, any statement, representation or warranty (whether made negligently or innocently), except those expressly set out in this Agreement. The URL Terms (as amended from time to time) are incorporated by this reference into the Agreement. Google may provide an updated URL in place of any URL in this Agreement.
"Account" means Registrant’s Google account.
"Brand Features" means each party’s trade names, trademarks, service marks, logos, domain names, and other distinctive brand features.
"Fees" means the applicable fees for the Service, Third Party Services, and Other Google Services.
"Google Domains Account" means Registrant’s account for Google Domains.
"Google Domains Site" means the Google Domains website.
"ICANN" means Internet Corporation for Assigned Names and Numbers.
"ICANN Data Retention Specification" means the ICANN specification at https://www.icann.org/
"ICANN Transfer Policy" means the ICANN policy at http://www.icann.org/
"includes" or "including" means "including but not limited to".
"Intellectual Property Rights" means current and future worldwide rights under patent, copyright, trade secret, trademark, and moral rights laws, and other similar rights.
"Legal Process" means a data disclosure request made under law, governmental regulation, court order, subpoena, warrant, governmental regulatory or agency request, or other valid legal authority, legal procedure, or similar process.
"Other Google Services" means Google services other than Google Domains domain name registration services that are provided through the Google Domains Site and that are subject to separate terms and conditions.
"Registered Name" means a domain name within a TLD covered by this Agreement, whether consisting of two or more (e.g., john.smith.name) levels, about which a Registry Operator (or an affiliate engaged in providing registry services) maintains data in a Registry database, arranges for such maintenance, or derives revenue from such maintenance.
"Registered Name Holder" means the holder of a Registered Name.
"Registrar Transfer Dispute Resolution Policy" means the ICANN policy at http://www.icann.org/en/
"Registry Operator" means the person or entity then responsible for
providing Registry services for a specific TLD in accordance with an agreement between ICANN (or its assignee) and that person or entity or, if that agreement is terminated or expires, in accordance with an agreement
between the US Government and that person or entity.
"Third Party Services" means additional services provided by third parties, including services that register TLDs for which Google is not an accredited registrar, and services that provide private or proxy registration.
"TLD" means a top-level domain of the Internet domain-system.
"Trademark Guidelines" means Google’s Guidelines for Third Party Use of Google Brand Features at: http://www.google.com/
"Uniform Domain Name Dispute Resolution Policy" or "UDRP" means the ICANN policy at http://www.icann.org/general/
"Uniform Rapid Suspension Procedure" or "URS" means the ICANN procedure at: http://newgtlds.icann.org/en/
"URL Terms" means any the terms set forth in the URLs listed in this Agreement.
"WHOIS" means the public display or dissemination of Registration Information by Google under ICANN requirements and Consensus Policies, including the REGISTRATION DATA DIRECTORY SERVICE (WHOIS) SPECIFICATION of the 2013 ICANN Registrar Accreditation Agreement.