Domain Registration Agreement
Effective Date: July 7, 2020
This Domain Registration Agreement (this "DRA") is entered into by and between you and Squarespace Domains LLC ("SDL"), a Squarespace group company and a registered Delaware limited liability company. References in this DRA to “us”, “we” and “our” mean SDL. References in this DRA to “you”, “your” and similar terms shall refer to you or the organization you are acting for or on behalf of. This DRA applies to your access to and use of domain name registration services that we provide as a Registrar (as such term is defined in the Product Specific Terms) (such services, collectively, the "Domain Name Registration Services"). If you don’t agree to all the terms in this DRA, you may not use or access the Domain Name Registration Services. If you have any comments or questions about this DRA, feel free to contact us.
1. General Terms of Domain Name Registration Services
1.1.1. “ICANN” as used herein has the meaning set forth in the Product Specific Terms.
1.1.2. “Registrar” as used herein has the meaning set forth in the Product Specific Terms.
1.1.3. “Registry” means the database of domain names in the applicable TLD to which the Domain Name Registration Services relate, which is managed by the Registry Operator.
1.1.4. “Registry Operator” means the operator of the applicable TLD to which the Domain Name Registration Services relate. See here for a list of Registry Operators and applicable TLDs.
1.1.5. “Registry Policies” means all agreements, guidelines, policies, practices, procedures, registration requirements, terms and conditions or standards (including operational standards) of the Registry Operator for the TLD for your domain name registration, in each case as may be updated from time to time by the applicable Registry Operator. Registry Policies may be found in our knowledge base.
1.1.6. “Reseller” as used herein has the meaning set forth in the Product Specific Terms.
1.1.7. “TLD” means top-level domain.
1.2. Applicability of this DRA. This DRA applies solely to the extent we act as a Registrar to provide Domain Name Registration Services to you. This DRA does not apply to domain name registrations where we’re acting as a Reseller.
1.3. Incorporation of the Terms of Service. This DRA hereby incorporates all of the terms and conditions of the Terms of Service (including all policies and other legal terms referenced therein), and such terms and conditions will apply in their entirety to this DRA, as though restated herein. For the sole purpose of this DRA and the Domain Name Registration Services: (a) references to “this Agreement” in the Squarespace Terms of Service, shall be deemed to include this DRA; and (b) references to “Squarespace”, “us”, “we” and “our” in the Squarespace Terms of Service shall mean SDL. Without limiting the generality of the foregoing, your use of the Domain Name Registration Services is subject to, and you are bound by, the following Sections of the Squarespace Terms of Service: Section 3 (Your Responsibilities), Section 6 (Our Rights), Section 7 (Privacy), Section 9 (Paid Services And Fees), Section 12 (Warranty Disclaimers), Section 13 (Limitation of Liability), Section 14 (Indemnification), Section 15 (Dispute Resolution) and Section 16 (Additional Terms), as modified from time to time pursuant to the terms of the Squarespace Terms of Service. Any capitalized terms (or lowercase terms specifically defined in the Squarespace Terms of Service) not defined in this DRA have the meanings set forth in the Squarespace Terms of Service. Except as otherwise expressly set forth in this DRA, in the event of a conflict or inconsistency, the Squarespace Terms of Service shall govern, followed by this DRA. SDL shall have third party beneficiary rights to enforce the Squarespace Terms of Service solely with respect to the Domain Name Registration Services.
1.4. ICANN Accredited-Registrar. SDL is an ICANN-accredited registrar having entered into the ICANN 2013 Registrar Accreditation Agreement (“ICANN RAA”).
1.5. ICANN Policies. Your use of Domain Name Registration Services is governed by ICANN’s Registrant’s Benefits and Responsibilities, the specifications referenced in ICANN RAA, and the ICANN Consensus Policies, including but not limited to the Transfer Dispute Resolution Policy (“TDRP”), the Uniform Domain-Name Dispute-Resolution Policy (“UDRP”) and the Uniform Rapid Suspension System (“URS”) (where applicable). The foregoing, together with any amendments, standards, policies, procedures, practices or programs specifically contemplated by the ICANN RAA or authorized by ICANN, and in each case as may be updated from time to time, shall be referred to as the “ICANN Specifications and Policies.” For further information, ICANN has published an educational webpage summarizing the terms of the registrar accreditation agreement between Registrars and ICANN.
1.5.1. The UDRP provides the terms and conditions governing a dispute between a domain name registration holder and any party other than the Registry Operator or Registrar over the registration and use of a domain name registered by such holder.
1.5.2. The URS is a rights protection mechanism available through the new ICANN gTLD Program. URS is an alternative dispute resolution mechanism potentially offering a lower-cost, faster method for obtaining relief for rights holders.
1.5.3. The TDRP provides the terms under which a dispute relating to inter-Registrar domain name registration transfers are resolved.
1.6. Domain name registrations are not effective until the Registry Operator puts them into effect and are only for limited terms which end on the expiration date, unless timely renewed. For domain names that are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable Registry Operator. Domain name registrations are granted on a first-come, first-served basis unless registration priority is determined by other criteria, per the Registry Policies.
1.7. You acknowledge and agree that registration of a domain name does not create any proprietary right for you, us or any other person in the name used as a domain name or the domain name registration and that the entry of a domain name in a Registry shall not be construed as evidence of ownership of a registered domain name. You shall not in any way transfer or purport to transfer a proprietary right in any domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a domain name registration.
1.8. We’re not liable or responsible for any errors, omissions or any other actions, or the consequences or results of any actions, arising out of or related to your application for, registration of, renewal of or failure to register or renew, a particular domain name.
2. Your Responsibilities
2.1. You represent and warrant that throughout the term of this DRA:
2.1.1. to the best of your knowledge and belief, neither the registration of any domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
2.1.2. you will (a) comply with all applicable ICANN Specifications and Policies and Registry Policies, and (b) be responsible for reviewing such policies;
2.1.3. you will (a) maintain consents, authorizations, charters, licenses, credentials and other permissions necessary for your registration of a TLD (as such permissions are set forth in this DRA, the ICANN Specifications and Policies or the applicable Registry Policies), (b) satisfy the eligibility criteria set forth under the applicable Registry Policies for the applicable TLD, and (c) immediately inform us and all affected parties if at any time you fail to satisfy the preceding subparts (a) or (b); and
2.1.4. you will not misrepresent or falsely imply any association with any organization except as consistent with this DRA, the ICANN Specifications and Policies and the applicable Registry Policies.
2.2. Your use of the Domain Name Registration Services is subject to the Squarespace Acceptable Use Policy. You further agree that you shall not engage in abusively operating botnets, pharming, piracy, counterfeiting or other activity contrary to applicable law. Your violation of the foregoing is a material breach, and remedies available to us for such breach include but are not limited to suspension of your domain name registration.
2.3. Your acting as a Reseller of domain names registered with us is expressly prohibited.
3. Our Rights, and the Rights of Registry Operators and ICANN
3.1. Your domain name registrations are subject to suspension, cancellation or transfer pursuant to any of the ICANN Specification and Policies, or pursuant to any Registry Policies or our policies not inconsistent with any of the ICANN Specifications and Policies: (a) to correct mistakes by us or the Registry Operator in registering your applicable domain name, or (b) for the resolution of disputes concerning your applicable domain name registrations.
3.2. You acknowledge and agree that we and the applicable Registry Operator reserve the right to deny, cancel, redirect or transfer any domain name registration or transaction, or place any domain name registrations on lock, hold or similar status, as either we or such Registry Operator deems necessary, in our respective unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., Internet Engineering Task Force Request for Comments, or IETF RFCs); (b) to correct mistakes by us or the Registry Operator in connection with your applicable domain name registration; (c) for the non-payment of fees to us or the Registry Operator; (d) to protect against threats to the security and stability of the Registry or us; (e) to ensure compliance with applicable law, government rules or regulations or pursuant to any legal order or subpoena of any government, administrative or governmental authority or court of competent jurisdiction; (f) to stop or prevent any violations of any terms and conditions of our agreement with a Registry Operator, Registry Policies, or pursuant to a Registry Operator’s agreement with ICANN; (g) to stop or prevent your breach of this DRA, the Squarespace Product Specific Terms, the Squarespace Terms of Service or the Squarespace Acceptable Use Policy; and/or (h) to comply with any ICANN Specifications and Policies.
4.1. All domain name transfers are subject to the ICANN Transfer Policy.
4.1.1. Transfers to Us. To transfer any of your domain names to us from another Registrar (the “Losing Registrar”), you should follow the transfer procedures set forth by the Losing Registrar to obtain a transfer authorization code. To begin the transfer process with us, you need to submit the transfer authorization code via the Services. We will submit the transfer authorization code to the applicable Registry Operator, and the transfer will proceed if the Registry Operator determines the authorization code matches their records; otherwise, the transfer will not proceed. Notwithstanding the foregoing, ICANN may require other transfer mechanisms which may supplement or alter the above process, and in such case, we will follow such requirements.
4.1.2. Transfers to Another Registrar. To transfer any of your domain names managed under the Domain Name Registration Service away from us to another Registrar (the “Gaining Registrar”), first log in to the Services to unlock the applicable domain names. You can also obtain the transfer authorization code(s) for the domain name(s) through the Services, which you will need to provide to the Gaining Registrar in order to initiate the transfer(s). Once a domain name you wish to transfer is unlocked, you may use the transfer authorization code for the domain name to initiate the transfer through your account with the Gaining Registrar. If you cancel the transfer, the transfer authorization code expires, or the transfer authorization is not confirmed to the Gaining Registrar, the transfer will not proceed.
4.1.3. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM. You explicitly authorize us to act as your Designated Agent to approve each Change of Registrant (as these terms are defined in the ICANN Transfer Policy) on your behalf.
4.2. As required by ICANN, you agree that you will not transfer any domain name registered through us to another Registrar during the first sixty (60) calendar days after its initial registration date.
5. Information Relating to Your Domain Name Registration
5.2. You represent and warrant that, at all times and for each domain name which you register, transfer or manage via the Domain Name Registration Services, you will provide accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the applicable domain name registration, including without limitation: (a) full name, full organization name (if you’re acting for or on behalf of such organization), postal address, email address, voice telephone number, and fax number if available; (b) name of authorized person for contact purposes in the case of an organization, association or corporation being the registrant; (c) names of the primary nameserver and secondary nameserver(s) for the domain name registration; (d) data elements set forth in subpart (a) hereto with respect to your technical contact for the domain name registration in question; and (e) data elements set forth in subpart (a) hereto with respect to your administrative contact for the domain name registration in question.
5.3. You acknowledge and agree that your provision of inaccurate or unreliable information, your willful failure to update information provided to us within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by us concerning the accuracy of contact details associated with your domain name registration shall constitute a material breach of this DRA and be a basis for suspension and/or cancellation of the applicable domain name registration.
5.4. As required by ICANN, the following information for your domain name registrations is collected or generated by us and made publicly available through the Registration Data Directory Services (the “RDDS”).
the domain name;
the registrar WHOIS server URL;
the Registrar URL;
the date on which the registration was last updated;
the original date of registration and expiration date;
the Registrar name (SDL);
the Registrar IANA ID;
the Registrar abuse contact email;
the Registrar abuse contact phone number;
the domain status(es);
your organization name, if you have identified one;
the state/province and country of your postal address (and that of your administrative, technical, and billing contacts);
a URL linking to a web form through which third parties can contact you (and that of your administrative, technical, and billing contacts) by email;
the IP addresses for the primary and secondary name servers;
the names of the applicable name servers; and
a URL linking to the ICANN WHOIS Inaccuracy Reporting Form.
5.5. The following information will be collected by us but by default will not be made publicly available through the RDDS; however, you may enable such information to be made publicly available through the RDDS via the Services.
Your street address;
Your postal code;
Your phone number;
Your facsimile number (if provided); and
Your email address;
We also collect the same types of information for your administrative, technical, and billing contacts. This information will not by default be made publicly available through the RDDS, but the corresponding information may be made publicly available through the RDDS by consent from your administrative, technical or billing contact, as applicable. To the extent you enable via the Service such information to be made publicly available through the RDDS, you represent and warrant that you have obtained all necessary permissions, consents and approvals.
5.7. Notwithstanding anything to the contrary, to the extent that ICANN Specifications and Policies or the applicable Registry Policies require any information set forth in this Section to be made publicly available (for example, through the RDDS), you acknowledge and agree that we and/or the applicable Registry Operator may make such information publicly available in order to comply.
5.9. Changes to and rectification of the information set forth in this Section may be made via the Services or by contacting us to request such change or rectification.
6.1. The “Paid Services and Fees” section of the Squarespace Terms of Service sets forth the terms and conditions relating to fees, payment, refunds and billing applicable to the Domain Name Registration Services. For the avoidance of doubt, if your Domain Name Registration Services or any of your domain name registrations are cancelled, suspended or otherwise terminated as a result of any ICANN-related dispute resolution policies, terms in this DRA, or the Squarespace Terms of Service, no fees will be refunded to you.
6.2. All domain name registrations are by default set to auto-renew; we may charge you for such renewal term fifteen (15) days prior the renewal term. You agree to pay the applicable renewal fees. If you opt out of auto-renewal for a domain name registration, and you fail to manually renew such registration in a timely manner prior to the then-current expiration date, your domain name registration may be placed on hold and will be flagged for deletion. For the thirty (30) days following such flag, you may redeem your domain name, subject to your payment of a redemption fee, in addition to any other applicable fees. The redemption fee may be up to one hundred dollars ($100). Failure to redeem prior to the end of the aforementioned thirty (30) day redemption period may result in the deletion of your domain name and your domain name being available for registration by third parties.
7.1. Indemnification of Registry. To the fullest extent permitted by law, you agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors, and its and their directors, officers, employees, agents, affiliates and subsidiaries, from and against any and all Losses (as defined in the Squarespace Terms of Service) arising out of or relating to, for any reason whatsoever, your domain name registrations.
7.2. Indemnification of Us. To the fullest extent permitted by law, you will indemnify, defend and hold harmless us, our affiliates and our subsidiaries, and our and their directors, officers, employees and agents, from and against any and all Losses arising out of or related to, for any reason whatsoever, your domain name registrations.
7.3. Your indemnification obligations under this Section shall not apply to the extent directly caused by our breach of this DRA or, where you are an EU Consumer, to the extent that the consequences were not reasonably foreseeable.
8. Dispute Resolution
8.1. Except to the extent that Section 8.2 below applies to a dispute relating to your domain name registration, the dispute resolution terms in the Squarespace Terms of Service apply to disputes arising from or relating to this DRA and the Domain Name Registration Services. For purposes of clarity, for the adjudication of disputes concerning or arising from use of your domain name registrations, you shall submit to the jurisdiction of the courts and other forums as set forth in the Squarespace Terms of Service.
8.2. You acknowledge and agree that: (a) your use of the Domain Name Registration Services and each of your domain name registrations are subject to: (i) the ICANN UDRP, (ii) the ICANN TDRP, and (iii) the ICANN URS System (where applicable); and (b) you will review any applicable dispute resolution policies and procedures periodically to determine if changes have been made that may be relevant to your domain names.
8.3. In the event that a complaint has been filed with a judicial or administrative body regarding your use of the Domain Name Registration Services, you agree: (a) not to make any changes to your domain name registration record, and (b) that we may suspend your domain name registration, prohibit transfer of your domain name registration and/or not allow you to make changes to such record. The foregoing shall apply until either: (A) we are directed otherwise by the applicable judicial or administrative body; or (B) we receive notification by you and the other party contesting your domain name registration that the dispute has been settled, the validity of which we may determine in our sole discretion. You agree that we may take other actions in our sole discretion regarding the status or disposition of your domain name registration if you are subject to litigation or other dispute regarding your domain name registration or use of the Domain Name Registration Services.
8.4. Reports of abuse or infringement of legal rights can be made directly to us by emailing firstname.lastname@example.org.
9. Additional Terms
9.1. Term and Termination. This DRA will remain in effect until terminated by either you or us pursuant to the terms of this DRA or the Squarespace Terms of Service. All sections of this DRA that by their nature should survive termination shall survive termination, including without limitation those provisions relating to indemnification, your representations and warranties, third party beneficiaries and disclaimers.
9.2. Entire Agreement, Waiver, Severability and Assignment. This DRA, together with the Squarespace Terms of Service (and the policies and terms referred to therein), constitute the entire agreement between you and us with respect to the Domain Name Registration Services. Our failure or delay to enforce any provision of this DRA is not a waiver of our right to do so later. If any provision of this DRA is found unenforceable, the remaining provisions will remain in full effect and an enforceable term will be substituted reflecting our intent as closely as possible. You may not delegate, transfer or assign this DRA or any of your rights or obligations hereunder without our prior written consent, and any such attempt will be of no effect. We may delegate, transfer or assign this DRA or some or all of our rights and obligations hereunder, in our sole discretion, to any of our affiliates or subsidiaries, to any successor in interest of any business associated with the Domain Name Registration Services, or to any purchaser of any of our business or assets associated with the Services, with thirty (30) days prior written notice.
9.3. Modifications. We may modify this DRA from time to time, and will post the most current version on our site. Without limiting the generality of the foregoing and for illustrative purposes, we may so modify: (a) in order to comply with the ICANN RAA or ICANN Specifications and Policies, and (b) in order to comply with our agreements with Registry Operators. If a modification meaningfully reduces your rights, we’ll notify you in accordance with the procedures set forth in the Squarespace Terms of Service. By continuing to use or access the Domain Name Registration Services after any modifications come into effect, you agree to be bound by the modified DRA and/or price changes. If you disagree with our changes, then you must stop using the Domain Name Registration Services.
9.4. Translation. This DRA was originally written in English. We may translate this Agreement into other languages. In the event of a conflict between a translated version and the English version, the English version will control except where prohibited by applicable law.
9.5. Third Party Beneficiaries. Except as otherwise expressly set forth in this DRA, this DRA creates no other third party beneficiary rights and no third party shall have any right or standing to claim benefit or bring an action to enforce this DRA.