This Domain Name Registration Agreement ("DRA") is incorporated by reference into your Tinkit Partner Agreement: Terms of Service (the "ToS"), or other applicable terms, invoice or contract between the partner and its end customer (either the ToS or other contract being the “Agreement”), and made a part thereof. Capitalized terms used in this DRA shall have the meaning given in the ToS. As set forth in Section 1 of the ToS, Partners shall enter into their own contracts with their customers to ensure compliance with this DRA and to set forth payment terms etc. Direct all inquiries concerning this DRA to agreements@tinkit.se.
This DRA is made between Tinkit and the registrant of each domain name, who may be the Partner and/or the Partner's end customer, or is any other person or entity registering domain name(s) through Tinkit, (“You/ you/ your”). This DRA is made effective as of the date of your electronic execution. This DRA sets forth the terms and conditions of your use of Tinkit's Domain Name Registration services (the “Registration Services”). 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 DRA, including Tinkit’s dispute policy herein, along with any new, different or additional terms, conditions or policies which Tinkit may establish from time to time.
In addition to transactions entered into by the Partner on its customer's behalf or entered into by Partner's customers or you directly, you also agree to be bound by the terms of this DRA for transactions entered into on Partner's behalf by anyone acting as your or Partner's agent, and transactions entered into by anyone who uses the account that Partner has established with Tinkit, or that you have created, such as accounts for Partner's customers. You are responsible for complying with this DRA for any accounts related to receipt of the Registration Services provided in connection with this DRA.
You acknowledge that Tinkit is a registrar bound by an agreement between Tinkit and the Internet Corporation for Assigned Names and Numbers ("ICANN"). You agree that Tinkit may modify this DRA in order to comply with applicable law and the terms and conditions set forth by 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 Tinkit.
The term of this DRA will remain in effect during the term of the domain name registration as selected, recorded and paid for at the time of registration or any renewal thereof. Should the domain name be transferred to another registrar, the terms and conditions of this DRA shall cease. You agree not to transfer any domain name registered through Tinkit to another domain name registrar during the first sixty (60) days from its initial registration date. You further agree that Tinkit may charge a handling fee if you cancel your domain name registration within the five (5) day grace period from the date of registration, when applicable.
You agree that Tinkit shall not be bound by any representations made by third parties who you may use to purchase Registration Services or other services from Tinkit, and that any statements of a general nature, which may be posted on Tinkit's web site or are contained in Tinkit's promotional materials, are for general information only and do not bind Tinkit.
As consideration for the Registration Services, you agree to pay the applicable Registration Service fees prior, when applicable, for the establishment of a desired domain name registration or any renewal thereof. All fees payable hereunder are non-refundable even if your domain name registration is suspended, cancelled or transferred prior to the end of your current registration term. As further consideration for the Registration Services, you agree to: (i) provide certain current, complete and accurate information about you as required by the registration process, and (ii) maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information ("Account Information"). You represent that the Account Information and all other statements put forth in your application are true, complete and accurate. Both Tinkit and each registry reserves the right to terminate your domain name registration if: (i) information provided by you or your agent is false, inaccurate, incomplete, unreliable, misleading or otherwise secretive; or (ii) you have failed to maintain, update and keep your Account Information true, current, complete, accurate and reliable. You acknowledge that a breach of this Section 2 will constitute a material breach of this DRA, which will entitle either Tinkit or a registry to terminate this DRA immediately upon such breach without any refund and without notice to you.
Tinkit reserves the right to charge a reasonable service fee for administrative tasks outside the scope of its regular Registration Services. These include, but are not limited to, customer service issues that cannot be handled through the Control Panel but require personal service, and disputes that require legal services. These charges will be billed in accordance with your applicable Agreement.
When you register a domain name, you have the option to elect that the domain name be automatically renewed upon reaching the expiration date. If you elect the automatic renewal option, Tinkit will automatically renew, for a period of one (1) year, any domain name that is up for renewal and will bill you according to your applicable Agreement at Tinkit's then current fees. If for any reason you fail to respond to Tinkit’s notices and fail to pay for the domain name renewal, the domain name registration will expire. If you do not elect that the domain name be automatically renewed, you have the responsibility of logging into the Control Panel and manually implementing the renewal by the expiration date (should you in fact want the domain name to be renewed). You will receive reminders immediately prior to the expiration of your registration inviting you to renew your domain name. In this case, if you fail to manually implement the renewal in a timely fashion the domain name will be cancelled and expire, and you will no longer have use of that name. Tinkit reserves the right to, at our discretion, elect to assume and renew the registration and may hold it for our own account, delete it or may sell it to a third party. You acknowledge and agree that your right and interest in a domain name ceases upon its expiration and that any expired domain name may be made available for registration by a third party.
If Tinkit elects to renew the registration, you may be entitled to a “Renewal Grace Period” during which you may re-register the domain name. Additional fees may apply. During this Renewal Grace Period, we may cease resolve domain data and/or may revise the "Whois" registration records to include either our information or that of the Partner.
You agree that Tinkit will not be responsible for expired or cancelled domain name(s) that you fail to renew, either automatically or manually. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply.
If you do not reimburse Tinkit for the renewal during the Renewal Grace Period your domain name will be placed on Hold and flagged for deletion after which you will have a 30 day “Redemption Grace Period” during which you may pay Tinkit a Redemption fee (currently USD 55) according to the Agreement and redeem your domain name.
If you do not redeem your domain name prior to the end of the Redemption Grace Period Tinkit may, at its sole discretion, delete your domain name or transfer it to another registrant on your behalf.
Renewal Grace Period and Redemption Grace Period are governed by terms and conditions applied by various registries, and the policies, rules and regulations stipulated by ICANN, and may not be applicable for all domain names.
You shall provide to us/ Tinkit, accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available; name of authorized person for contact purposes in the case of an domain name holder that is an organization, association, or corporation; and the data elements listed as set forth below:
Your willful provision of inaccurate or unreliable information, its willful failure to update information provided to us/ Tinkit, within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by us/ Tinkit, concerning the accuracy of contact details associated with the domain name holder's registration shall constitute a material breach of the domain name holder-registrar contract and be a basis for suspension and/or cancellation of the domain name registration.
If you intend to license use of a domain name to a third party you are nonetheless the domain name holder of record and is responsible for providing its 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. A domain name holder licensing use of a domain name according to this provision shall accept liability for harm caused by wrongful use of the domain name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the domain name holder reasonable evidence of actionable harm.
Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used only in connection with the registration of your domain name(s) and for the purposes of this DRA and as required or permitted by ICANN or an applicable registry policy. The intended recipients of data are us/ Tinkit, Registry Operator(s) and when applicable ICANN and appointed ICANN Escrow Agent(s). We/ Tinkit, will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
You may always contact Tinkit directly regarding with requests to access or rectify any Personal Data that may be held about you. Please direct all related inquiries to domain-privacy@Tinkit.se.
You shall represent that notice has been provided equivalent to that described above to any third-party individuals whose Personal Data are supplied to us by the you, and that you have obtained consent; equivalent to that given upon registering domain name, of any such third-party individuals.
You shall represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
You further agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as set forth in the ICANN agreement:
You agree that Tinkit will make domain name registration information you provide available to ICANN, to the registry administrators, law enforcement agencies and to other third parties as applicable. You further agree that, to the extent permitted by ICANN, Tinkit may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names, you agree to provide any individuals whose Personal Data you have obtained with information about the possible uses of their Personal Data pursuant to ICANN policy. You also agree to obtain explicit consent, and evidence of consent, from those individuals for such use of the Personal Data they provide.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Tinkit.
You agree that your domain name registration, when applicable, shall be subject to suspension, cancellation, or transfer pursuant to any ICANN Specification or Policy (as set forth in §1.27 ICANN RAA 2013), or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy, (1) to correct mistakes by Tinkit or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the domain name.
If you transfer any domain name, you agree to provide the information required by, and to abide by, the procedures and conditions set forth in this DRA. In order to further protect your domain name, any domain name registered with Tinkit or transferred to Tinkit shall be placed on lock status, where applicable. The domain name must be placed on unlock status, where applicable, in order to modify any of the Whois information, including the name servers, or initiate a transfer of the domain name away from Tinkit to a new Registrar. You may log into the Control Panel at any time after your domain name has been successfully transferred to Tinkit, and change the status to unlock.
When applicable, you agree to inform any customer of yours, who may be acquiring a domain name through you using the Registration Services, that they are in fact registering their domain name through Tinkit and that Tinkit is an accredited registrar with ICANN. You agree not to represent that you are an ICANN accredited registrar or that you are in any way providing superior access to the ICANN Domain Name Registry. You also agree not to use the ICANN and/or ICANN-Accredited Registrar name, trademark or logo in any of your promotional materials including your web site.
You agree to obtain each of your customers' acceptances of Tinkit's then current DRA, and to retain evidence of their acceptance for a period of not less than three (3) years. Should you require that your customers accept additional terms and conditions that are not required by Tinkit, you agree that such additional terms and conditions shall not conflict with this DRA and the policies and business procedures adopted by ICANN.
You agree that Tinkit is not lending you access to its registrar connections or its registry access, nor will you be deemed to be a registrar in your own right. Furthermore, you agree you will not attempt to gain access to Tinkit's registrar connections or registry access. You agree to provide complete, accurate and current data for each registrant to be added to a registry in accordance with ICANN requirements for inclusion in the Whois database. You agree to provide your customers with adequate customer support, and to maintain contact with them with regard to providing a medium for them to communicate changes in the information they provided as part of the domain name registration process. Upon receiving corrected or updated information you will, within five (5) business days, provide such information to Tinkit, using the Control Panel to update registration/holder records. You will retain copies of all communications between you and your customers and will upon request provide Tinkit copies of the same.
You shall provide any customers of yours' with registrant educational information as published by ICANN; www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
You agree to publish on your website a link to, or a copy of, the content described as Registrants' Benefits and Responsibilities Specification, see Section 16.
The person or entity named as registrant in the Whois database shall be the registered domain name holder. The person named as Administrative contact at the time the controlling access to the Control Panel, shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person or entity (the "Transferee") you shall require the Transferee to agree, in writing, to be bound by all the terms and conditions of this DRA and the Agreement. If the Transferee fails to be bound in a reasonable fashion (as determined by Tinkit in its sole discretion) to the terms and conditions in this DRA and the Agreement, any such transfer will be null and void.
You agree that Tinkit, in its sole discretion and without liability to you, may refuse to accept the registration of any domain name. Tinkit also may, in its sole discretion and without liability to you, delete, cancel, suspend, transfer or modify the registration of any domain name(s) to correct a mistake, protect the integrity and stability of the company and any applicable registry, to comply with applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal. Tinkit may also cancel the registration of a domain name, after thirty (30) days, if that name is being used in a way that violates the Tinkit Acceptable Use Policy (“AUP”) or in morally objectionable activities. Morally objectionable activities will include, but not be limited to:
You agree that Tinkit shall not be liable to you for loss or damages that may result from its refusal to register, cancel, delete, suspend, transfer or modify your domain name registration.
You agree that, in addition to other conditions set forth in this DRA, your ability to use any of the Registration Services provided by Tinkit is subject to cancellation or suspension in the event there is an unresolved breach of this DRA and/or suspension or cancellation is required by any policy now in effect or adopted later by ICANN.
You agree that your failure to comply completely with the terms and conditions of this DRA or the Agreement and any Tinkit rule or policy may be considered by Tinkit to be a material breach of this DRA and that Tinkit may provide you with notice of such breach either in writing or electronically (i.e. e-mail, bulletin or support ticket in the Control Panel etc.). In the event you do not provide Tinkit with material evidence that you have not breached your obligations to Tinkit within ten (10) business days of such notice, Tinkit may terminate its relationship with you and take any remedial action available to Tinkit under the applicable laws. Such remedial action may be implemented without notice to you and may include, but is not limited to, canceling the registration of any of your domain name(s) and discontinuing any Registration Services provided by Tinkit to you. No fees will be refunded to you should this DRA or the Agreement be cancelled or Registration Services or other services be discontinued because of a breach.
Tinkit's failure to act upon or notify you of any event, which may constitute a breach, shall not relieve you from or excuse you of the fact that you have committed a breach.
You agree to be bound by, from time to time current, ICANN Uniform Domain-Name Dispute-Resolution Policy, when applicable. This policy is incorporated and hereby made a part of this DRA.
You agree to review Tinkit's web site, the Control Panel and ICANN’s web site periodically to determine if changes have been made to the Uniform Domain-Name Dispute-Resolution Policy.
If the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the specific dispute resolution policy adopted by the applicable registry. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold Tinkit harmless pursuant to the terms and conditions contained in the applicable policy.
You also agree that if Tinkit notified that a complaint has been filed with a governmental, judicial or administrative body regarding your domain name, Tinkit may, at its sole discretion, suspend your ability to use your domain name and may take whatever action Tinkit deems necessary regarding further modification, assignment of and/or control of the domain name deemed necessary to comply with the actions or requirements of the governmental, administrative or judicial body until: (i) Tinkit is directed to do so by the judicial or administrative body, or (ii) Tinkit receives notification by you and the other party contesting your domain that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration or use of your domain name, Tinkit may deposit control of your registration record into the registry of the judicial body by supplying a party with a registrar certificate from Tinkit. As relates to the preceding event, you agree to hold Tinkit harmless for any action taken or inaction by Tinkit.
For the adjudication of disputes concerning or arising from use of the registered domain name, the registered name holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the registered name holder's domicile and (2) where registrar is located.
You agree that Tinkit's entire liability to you under this DRA, and your only remedy, in connection with any Registration Services provided by Tinkit to you under this DRA or the Agreement, and for any breach of this DRA by Tinkit, shall be limited to the fees you paid to Tinkit for the initial registration of your domain name. Tinkit and its directors, employees, affiliates, contractors, subsidiaries, agents and third party providers, ICANN and the applicable registries shall not be liable for any direct, indirect, incidental, special, or consequential damages resulting from the use of or inability to use any of Tinkit's Registration Services or for the cost of obtaining substitute services. Because certain States do not permit the limitation or elimination of liability for certain types of damage, Tinkit's liability shall be limited as much as permitted by applicable law. Tinkit disclaims any loss or liability resulting from:
You agree to release, defend, indemnify and hold harmless Tinkit and its contractors, agents, employees, officers, directors, shareholders, affiliates, ICANN, the applicable registries and Registry Operators and their respective directors, officers, employees, agents and affiliates from and against and and all liability, claims, expenses, any losses, damages or costs, including attorney's and legal fees, resulting from any claim, action, proceeding suit or demand arising out of or related to your (including your agents, affiliates or anyone using your account with Tinkit whether or not on your behalf, and whether or not with your permission) use of the Registration Services provided by Tinkit. Should Tinkit be notified of a pending lawsuit, or receive notice of the filing of a lawsuit, Tinkit may seek a written confirmation from you concerning your obligation to indemnify Tinkit. Your failure to provide such a confirmation may be considered a breach of this DRA and the Agreement and may result in the suspension or cancellation of your domain name(s). This indemnification obligation will survive the termination or expiration of this DRA and/or the Agreement.
You warrant that all information provided by you as part of the registration process is complete and accurate. You also warrant that each registration you make is being done in good faith and that you have no knowledge of the domain name(s) infringing upon or conflicting with the legal rights of a third party or a third party's registration, trademark or trade name. You also warrant that the domain name(s) being registered will not be used in connection with any illegal activity or in a way that violates Tinkit’s AUP.
You agree that Tinkit makes no representations or warranties of any kind in connection with this DRA and specifically makes no guaranty to you against the possibility of objection to, or challenge of, the registration or use of any domain name(s) you register with Tinkit. Tinkit expressly reserves the right to deny, cancel or transfer any registration(s) that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Tinkit, as well as its affiliates, subsidiaries, officers, directors and employees. Tinkit also reserves the right to freeze a domain name during resolution of a dispute.
Tinkit expressly disclaims all warranties of any kind, whether express or implied, including, but not limited to, the implied warranties of merchantability, fitness for a particular purpose and non-infringement. Tinkit makes no warranty that the Registration Services or its other service(s) will meet your requirements, or that the service(s) will be uninterrupted, timely, secure, or error-free, or that defects will be corrected. Tinkit does not warrant, nor make any representations regarding, the use, or results of, any of the Registration Services or other services it provides, in terms of their correctness, accuracy, reliability, or otherwise.
You agree that the terms of this DRA are severable. If any part of this DRA is determined to be unenforceable or invalid, that part of the contract will be interpreted in accordance with applicable law as closely as possible, in line with the original intention of both parties to the DRA and the Agreement.
The remaining terms and conditions of the DRA and the Agreement will remain in full force and effect.
You agree that the Agreement, this DRA, including the policies it refers to (i.e. Section 9 Dispute Resolution Policy, etc.) constitute the complete and only contract between you and Tinkit regarding the Registration Services contemplated herein.
This DRA and all matters arising out of or relating to this DRA shall be governed by the laws of Sweden excluding its conflict of law provisions. The parties agree that the United Nations Convention on Contracts for the International Sale of Goods is specifically excluded from application to this Agreement.
Any dispute, controversy or claim arising out of or in connection with this DRA, or the breach, termination or invalidity thereof, shall first be referred to Mediation in accordance with the Rules of the Mediation Institute of the Stockholm Chamber of Commerce, unless one of the parties objects. If one of the parties objects to Mediation or if the Mediation is terminated, the dispute shall be finally resolved by arbitration in accordance with the Rules for Expedited Arbitrations of the Arbitration Institute of the Stockholm Chamber of Commerce.
The seat of arbitration shall be Stockholm and the language to be used in the arbitral proceedings shall be English.
You agree that, with the exception of notices concerning breach of the Agreement or this DRA, all notices from Tinkit to you may be posted in the Control Panel or sent to the e-mail address you have registered with Tinkit, and will be deemed validly and effectively given on the date of such communication, if such date is a business day, otherwise it will be deemed to have been delivered on the next business day. Notices concerning breach will be sent either to the e-mail address you have registered with Tinkit or mailed first class postage to the postal address of your Partner account. In both cases, delivery shall be deemed to have been made five (5) days after the date sent. Notices from you to Tinkit shall be made by Support Ticket in the Control Panel, by e-mail sent to the address we provide on our web site, or first class mail to our address as set forth in the Agreement.
Delivery shall be deemed to have been made by you to Tinkit on the actual date of receipt.
You agree to be bound by the rules, policies, and agreements of each Registry from which you request a domain name registration, which may include, but are not limited to, Top Level Domain Registries and Second Level Domain Registries.
You agree to indemnify, defend and hold harmless the .COM, .NET and .NAME Registry Operator, Verisign, Inc. and its 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 relating to the Registered Name holder's domain name registration.
You agree to indemnify, defend and hold harmless the .ORG Registry Operator, Public Interest Registry Co. and its 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 relating to the Registered Name holder's domain name registration.
You agree to indemnify, defend and hold harmless the .INFO and .MOBI Registry Operator, Afilias Limited and its 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 relating to the Registered Name holder's domain name registration. Furthermore you agree to be bound by the policies, from time to time current, as set forth by Afilias. The policies available at Afilias Policy Information are to considered incorporated into this DRA when applicable.
You agree to indemnify, defend and hold harmless the .US, .BIZ, .CN and .TW Registry Operator, NeuStar, Inc. and NeuLevel, Inc. and its 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 relating to the Registered Name holder's domain name registration.
You agree to indemnify, defend and hold harmless the .EU Registry Operator, European Registry for Internet Domains (EURid) and its 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 relating to the Registered Name holder's domain name registration. You further agree to be bound by the, from time to time current, .EU Terms and Conditions and .EU Registration Policy, both to be found at the .EU Domain Names page managed directly by EURid.
You agree to indemnify, defend and hold harmless the .SE Registry Operator, Foundation for Internet Infrastructure and its 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 relating to the Registered Name holder's domain name registration. You further agree to be bound by the, from time to time current .SE Terms and Conditions of Registration.
Applies to all domain names where ICANN RAA is in effect.
Your domain name registration and any privacy/proxy services you may use in conjunction with it must be subject to a Registration Agreement with an ICANN Accredited Registrar.
You are entitled to accurate and accessible information about:
You shall not be subject to false advertising or deceptive practices by your Registrar or though any proxy or privacy services made available by your Registrar. This includes deceptive notices, hidden fees, and any practices that are illegal under the consumer protection law of your residence.
You must comply with the terms and conditions posted by your Registrar, including applicable policies from your Registrar, the Registry and ICANN.
You must review your Registrar's current Registration Agreement, along with any updates.
You will assume sole responsibility for the registration and use of your domain name.
You must provide accurate information for publication in directories such as WHOIS, and promptly update this to reflect any changes.
You must respond to inquiries from your Registrar within fifteen (15) days, and keep your Registrar account data current. If you choose to have your domain name registration renew automatically, you must also keep your payment information current.
Revision 04/10/2018