General services 

This Agreement defines the terms and conditions between ItsHosted.com (a registered DBA of MC Networks, Inc.) and its affiliates (collectively, "It's Hosted") having a principal place of business address at 91 Elmwood Street, Plainview, NY  11803 and the Customer for the provision of products and services to the Customer.

Domain name registration

A. Registrar Services. It's Hosted has entered into an agreement with an  accredited domain name registrar, Enom (http://www.enom.com) to provide Customer with domain name registration services; for any requests by Customer to It's Hosted to register, or renew an Internet domain name or transfer a domain name from another registrar to the It's Hosted registrar. As consideration for the domain name registration services provided by Enom to Customer, on behalf of It's Hosted, Customer agrees to pay It's Hosted, prior to the effectiveness of the desired domain name registration or renewal, the then-current amounts set forth in the It's Hosted price schedule for the initial registration of the domain name and, should Customer choose to renew the registration, subsequent renewals of the registration.  All fees are non-refundable, in whole or in part, even if Customer's domain name registration is suspended, cancelled or transferred prior to the end of Customer's then current registration term. It's Hosted reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Customer's requested domain name will not be registered or renewed unless and until It's Hosted receives actual payment of the initial registration fee and/or renewal fee, and has confirmed Customer's registration in an email from It's Hosted to the email address for the Administrative Contact indicated in Customer's registration application and/or on file. 

B. Renewal. Customer must ensure that all renewal fees are paid when due; provide accurate contact information to It's Hosted; agree to existing terms & conditions; and follow all other procedures as It's Hosted may indicate in the renewal notification that It's Hosted will send to Customer's email address on record at the time the renewal notification is sent.  Any failure to follow all required procedures shall be at Customer's sole risk. Should these renewal fees go unpaid within the time specified in a second notice or reminder regarding renewal, Customer's registration may be cancelled. Payment must be made by credit card or such other method as It's Hosted may indicate in the registration application or renewal form. It's Hosted will renew Customer's name for Customer provided Customer's credit card or other billing information is available and up to date, unless Customer instructs It's Hosted otherwise within the time specified. If Customer's billing information is not accurate and Customer wishes to renew Customer's domain name registration, It's Hosted will contact Customer to update this information and charge Customer accordingly. 

C. Cancellation; Reinstatement. In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by It's Hosted) in connection with the payments of the registration fees or renewal for Customer's domain name registration, Customer agrees and acknowledges that the domain name registration shall be transferred to It's Hosted as the paying entity for that registration to the registry and that It's Hosted reserves all rights regarding such domain name including,  without limitation, the right to make the domain name available to other parties for purchase. It's Hosted will reinstate Customer's domain name registration solely at It's Hosted discretion, and subject to It's Hosted receipt of the initial registration or renewal fee and It's Hosted then-current reinstatement fee.

D. Transfer. Customer will be responsible for all costs and fees associated with the registration of Customer's domain name including, but not limited to, all costs and fees for moving or transferring such domain name. Under no circumstances shall It's Hosted be responsible for this cost.

E. Use of Personal Information; Updated Information. Enom and/or It's Hosted will collect certain personal information (including, without limitation, contact information such as name, address, email address and telephone number) ("Personal Information") from Customer during the registration process. Customer agrees and acknowledges that Enom will share Personal Information that Customer provides (or that is gathered about Customer during the registration process, including, for example, Customer's primary domain name server and the like), or that Enom or It's Hosted otherwise maintains, with one another, with ICANN, with registry administrator(s), and with other third parties as ICANN and applicable  laws and/or policy may require or permit. Customer further agrees and acknowledges that Enom and/or It's Hosted shall be permitted (and in some cases may be required) to make publicly available, or directly available to third party vendors, some, or all, of the Personal Information or domain name registration information Customer provides, for purposes of inspection (such as through It's Hosted WHOIS service) or for targeted marketing and other purposes as required or permitted by ICANN and applicable laws. Customer may access Customer's Personal Information and/or domain name registration information in MelbIT's or It's Hosted possession to review, modify or update such information, through Customer's Control Panel/Domain Manager. It's Hosted will not process data about any identified or identifiable natural person that It's Hosted obtains from Customer in a way incompatible with the purposes and other limitations which It's Hosted describes in this Agreement. Enom will take reasonable precautions to protect the information it obtains from Customer from loss, misuse, unauthorized access or disclosure, alteration or destruction. Customer hereby irrevocably waives any and all claims and causes of action Customer may have arising from such disclosure or use of Customer's Personal Information and/or domain name registration information by Enom or It's Hosted.

F. ICANN Guidelines. Additionally, Customer acknowledges that ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Enom or It's Hosted may or must make available to the public or to private entities, and the manner in which such information is made available. Customer hereby consents to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by Customer in connection with the registration of a domain name (including any updates to such information), whether during or after the term of Customer's registration of the domain name. 

G. Third Party Data. In the event that, in registering the domain name, Customer is providing information about a third party, Customer  hereby represents that Customer has (1) provided notice to that third party of the disclosure and use of the party's information as set forth in this Agreement, and (2) that Customer has obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. 

H. Accuracy of Data. Customer acknowledges that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration. (In addition, under certain federal laws, such provision of inaccurate or false information is one factor in determining whether Customer may have violated the trademark rights of another party in registering a domain name confusingly similar to such party's trademark.) Customer is responsible for notifying It's Hosted in writing of changes in its contact information. In addition, Customer agrees that Customer's failure to respond for over fifteen (15) calendar days to inquiries by Enom and/or It's Hosted concerning the accuracy of contact details associated with Customer's registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of Customer's domain name registration.

I. If Customer Has Registered a Domain Name Through It's Hosted Before January 10, 2000. If Customer has registered a .com, .net, or .org domain name through It's Hosted prior to January 10, 2000, and Customer asked It's Hosted to register the domain name for Customer, such domain names are subject to the agreement Customer entered into with Network Solutions, Inc. ("NSI"), who was then It's Hosted exclusive provider of domain name registration services. By applying for the domain name and through the use or continued use of the domain name, the applicant agrees to be bound by the terms of NSI's domain name policy (the "NSI Policy") which is available at: http://www.networksolutions.com/legal/service-agreement.html. 

J. Domain Name Transfers. If Customer has requested that the domain name registrar of record for Customer's domain name(s) (as identified by Customer during the registration process) be changed to It's Hosted, the following terms shall apply:   

In making the transfer request, Customer represents and warrants that:

• Customer is the rightful holder of the registration for the domain name(s) that Customer seeks to transfer.
• Customer is not in default with respect to any obligations that Customer owes to the current registrar of record.
• Customer is not the subject of any pending bankruptcy proceeding, nor is Customer a party to any dispute concerning the use or registration of the domain name(s).
• The domain name(s) are not currently the subject of any dispute or collection effort, including any attachment, levy, lien, garnishment, escrow or other proceedings.
• Customer is authorized to request the transfer and to enter into this Agreement.
• More than 60 days have passed since the domain name(s) was registered, transferred to a new registrar, or renewed. CUSTOMER MAY NOT TRANSFER A DOMAIN NAME TO A NEW REGISTRAR WITHIN 60 DAYS OF INITIAL REGISTRATION, OR ANY SUBSEQUENT TRANSFER OR RENEWAL.

Customer agrees that neither It's Hosted nor Enom will have any responsibility for any obligations that Customer may owe to the current registrar of record for the domain name(s) Customer seeks to transfer, and that Customer will be responsible, pursuant to the indemnification provision herein, for any costs that It's Hosted or Enom may incur in resolving any claims brought by any third party (including the current registrar of record) relating to this transfer. Customer will not be entitled to a refund or credit for any amounts that Customer may have paid to the current registrar of record. Upon the completion of the transfer process, however, the term of Customer's registration will be extended by the period for which Customer has paid It's Hosted. Customer agrees that It's Hosted may charge Customer an additional maintenance fee in order to maintain Customer's domain name for any term carried over from the current registrar of record. Upon receipt of a request to transfer a domain name from another registrar (losing registrar) to It's Hosted and Enom , It's Hosted requires validation of the request from the Administrative Contact on record at the time of the transfer request.  Customer authorizes It's Hosted and Enom to take all actions reasonably necessary to transfer the domain name(s), including contacting and updating Customer's registration information with the current registrar of record and the registry. Except as noted above, Enom and It's Hosted will treat Customer's transfer request as an initial domain name registration and will provide all subsequent domain name services in accordance with the terms and conditions herein. The term "register" or "registration," as used in this Agreement, shall be read to include the transfer of a domain name registration from Customer's current registrar of record to Enom .

K. Third-Party Proprietary Rights: Customer shall be solely responsible for ensuring, and hereby represents and warrants to It's Hosted, that Customer's domain name does not infringe upon any trademark, trade names, service mark or other proprietary rights owned by a third party. Customer agrees to be bound by the terms of the dispute policy adopted by the domain name registry, and related agreements that Customer will be asked to review and indicate Customer's acceptance of during the domain name registration process. In the case of gTLDS (global Top Level Domains, including but not limited to .com, .net,.org, .biz, and .info), the dispute policy is the ICANN Domain Name Dispute Policy, which is posted at http://www.icann.org/udrp. 

L. Welcome Page. Customer consents to It's Hosted activation ("parking") of the registered domain name on a "Welcome Page" containing a notice, "Welcome to the Future Website of domain name." Such "Welcome Page" indicates that It's Hosted registered the domain name, and links to It's Hosted Websites. This "Welcome Page" may be replaced by the Customer when the Customer contracts for Web hosting and posts Customer's own content.

M. Domain name search process. It's Hosted endeavors to make the domain name availability search process reliable; however, It's Hosted does not guarantee availability of domain names or the accuracy or security of the WHOIS system. The registration process is not complete until the domain name requested by Customer has been registered in Customer's name with the appropriate registry. Because there are delays in the actual registration of a domain name with the appropriate registry, It's Hosted is not responsible if domain names requested by Customer are actually registered to third parties.

N. If Customer has registered a .CO.UK domain name, Customer must also agree to NOMINET UK's terms and conditions, currently posted at: http://www.nominet.org.uk/nominet-terms.html .

*Last Revised 12/18/06