Terms and Conditions:This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of NameBright.com Inc, a Colorado corporation, hereafter "NameBright", "NameBright.com", "the site", "Registrar", "Domain Name Registrar", "we", "us", "our" or the like. The terms "you", "user", "customer" and the like refer to an individual or entity who accepts this Agreement. To use NameBright.com's services, you must read and agree to be bound by all terms and conditions of this Agreement. You acknowledge that you have read, understand and agree to the terms in this Agreement. You agree that NameBright.com may update these terms of service to add, remove or amend terms, conditions, and policies governing the use and operations of NameBright.com. Your use of NameBright.com's website and/or services after such changes have been made constitutes your acceptance of these Terms and Conditions.
NameBright.com is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN"). We will abide by the ICANN Transfer Dispute Resolution Policy (http://www.icann.org/en/transfers/dispute-policy-12jul04.htm) , as well as our own Dispute Policy.
- Eligibility. By using NameBright.com and or its services, you represent and warrant that you are at least eighteen (18) years of age, you are recognized as being able to form legally binding contracts under applicable law, and that you are not barred from using any of NameBright's services under United States law.
- Fees. In return for providing domain registrations, renewals and other products and services, you agree to pay NameBright.com at the time of rendered services in the form of credit card or previously funded "Account Balance". NameBright.com will not accept payment in the form of check, money order, cash, wire transfer or anything other than credit card or "Account Balance". Should NameBright.com determine remedies be needed for payment, your services will be subject to immediate cancellation without notice of any domains registered on your behalf, cancellation of specific services, products or reports, as well as eventual account termination. Any past due balance of more than 30 days can lead to account termination.
- Domain Name Renewals. When you register a domain it is "Registered" with the appropriate registry for the amount of time determined by the "Term", which is how much time (specifically years), and you agree and understand that your domain is subject to annual renewals and you must keep your registration current otherwise the domain will be allowed to expire. Should you fail to renew a domain manually or automatically, NameBright.com is not held responsible. Likewise, NameBright.com is subject to varying yearly domain registration / renewal fees and renewal will not be guaranteed at the same rate you initially registered a domain for.
- Term of Agreement; Modifications. NameBright.com reserves the right to update this Agreement from time to time to reflect new changes, policies and restrictions on domain registrations as described by the corresponding Registries, and or ICANN.
- Dispute Policy. While registering a domain name with NameBright.com you agree to our Dispute Policy and we will not be held liable for disputes that do not go in the favor of the client.
Transfer of Domain Names.
By registering domains with NameBright.com registrant's of those domain names expressly agree and authorize NameBright.com to act as your Designated Agent as defined by ICANN's transfer policy. You expressly agree to and authorize NameBright.com to approve each change of registrant on your behalf. When the prior registrant of a domain name requests that NameBright.com transfer their domain to another customer's NameBright.com account or to another ICANN accredited registrar (to a new registrant) you are giving NameBright.com to act as your Designated Agent and approve said transfer. This includes approving the transfer on behalf of the prior registrant and/or the new registrant, as the transfer relates to the approval requirements of the transfer to or from NameBright.com
- "Designated Agent" is defined as an individual or entity that the prior registrant OR the new registrant explicitly authorizes to approve a Change of Registrant on its behalf.
- "Prior Registrant" is defined as the listed registrant (entity or person) at the time the change in registrant is initiated
- "New Registrant" is defined as the entity or person in which the prior registrant is transferring the domain to. This includes any material change in the registrant information.
"Change of Registrant"
is defined as a material change to any of the following:
- Registrant name
- Registrant organization
- Registrant email address
- Administrative Contact email address (if no prior registrant email address was provided)
Breach of Agreement.
You agree that in breach of this agreement, or any part thereof, that the following remedies may be made: i.) any domains registered at NameBright.com in conflict with this agreement may be cancelled as per our terms of this agreement. ii.) Under most situations we will put a suspension on a domain registration or service that is found in conflict; however we reserve the right to employ i. above. iii.) NameBright.com may correct any mistakes made on your part with regards to your domain registrations and information provided within them.
Upon certain breaches of this agreement NameBright.com will provide via email a summary of your breach and recommended actions. You will be given 10 days to provide support, evidence and proof of your case, at which time we will review all the facts. If you are still found in breach after 10 days, NameBright will take actions specifically determined in this agreement.
Termination of accounts or services can happen without justified reason, based on the sole discretion of NameBright.com.
- Behavior of Website. You agree that when you submit information to our website, it frequently is requesting changes be made. Not all submissions can be "cancelled", especially when working "in bulk". You are at your own risk when working with groups of domains. Furthermore, NameBright does not guarantee its website to be operational at all times, and you accept the risks with using NameBright.com. NameBright is not responsible for inaccuracies in our system which might cause unintended consequences.
Use of your Information.
Your information will be used to provide domain registration services, security services and support to you and your domain name. NameBright.com reserves the right to send mail / email to you per your registration services to notify you of critical issues with your domains, services or products that may lead to further problems on your behalf. NameBright.com also provides you the ability to control what information will be sent to you from our company during the period we are providing domain registration services.
Provisions specific to specific TLD Registrations.
- .Com and .Net Registrations. You agree to indemnify, defend and hold harmless the .COM .and NET 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.
Registrar's Deletion and Auto-Renewal Policies.
With auto-renew off: Prior to a domain name's expiration, NameBright will make multiple attempts to notify you that the domain name is expiring when auto-renewal is turned off on your domain. NameBright will send you an email approximately one month prior to the domain name's expiration. This will be the first warning that your domain name is about to expire. NameBright will then send another email approximately one week before the domain name's expiration. Finally, if the domain name is not renewed by the expiration date of the domain, NameBright will send a final notification about the domain name's expiration.
With auto-renew on: If you have auto-renew turned on, NameBright will attempt to renew the domain based on the advanced setting "Domain Auto-Renewal" found in My Account > Settings > Advanced. This setting will tell NameBright how many days before the domain name's expiration that the auto-renew should be processed. The default setting for this is "14 days" prior to the domain name's expiration. When NameBright attempts to renew a domain with auto-renew on we will first look for an available funded account balance, and then cycle through each of your credit cards to attempt to make the auto-renewal. If auto-renewal fails, we will send you an email notifying you of the auto-renewal failure and try again on the following day. If your domain does not auto-renew within the number of days configured, the domain name will be allowed to expire due to non-payment of the auto-renewal. Presuming you keep this setting at 14 days, this means you will get 14 auto-renewal failures via email before the domain name expires. While you can set this setting to "1 day", we do not recommend this as a billing failure will mean the domain name will expire the following day, will become unusable, email will stop working and the website will go offline.
If your domain expires, we will send an email the day that this happens. NameBright will also send a final email about your domain expiration one week after the domain name has expired, to give you a final notice your domain name is about to become available for someone else to use.
Expired Domain Process.
Upon expiration your nameservers will be changed to expired1.namebrightdns.com and expired2.namebrightdns.com as is required by ICANN's ERRP. (Expired Registration Recovery Policy) During this "outage" your domain will have all services interrupted (including but not limited to email, web hosting, ftp servers, etc.) During this expiration process you will be allowed to renew the domain for the standard renewal cost of that domain per the TLD's current price.
The registrant of an expired domain will be given no less than 30 days to pay for the renewal of the domain before the domain will enter Redemption Grace Period ("RGP"). Domain names at NameBright move from "expired" status to RGP status on the 30th day after a domain name's expiration. Due to processing constraints, on rare occasions this date might be up to 10 days later. As a registrant you should expect this will happen on the 30th day after the domain name expires.
As the registrar of a deleted domain, registrar takes zero liability for domains that were allowed to expire due to user error, non-payment, and credit card on file being out of date or over balance. Registrar will provide ample notification to user about potential domain name expirations when applicable, but is not liable in situations where a domain is allowed to expire, and not renewed for a period of 30 days beyond the domain's expiration date.
Domain Deletion / Redemption Grace Period Recovery.
If you fail to renew your domain through the end of the expiration of the domain (30 days from the domain name's expiration) that domain will enter Redemption Grace Period (aka "RGP") Once a domain enters RGP status you will have 30 days to "redeem" the domain at the standard redemption period price. The cost to redeem a .com or .net domain from RGP is $85 per domain that is recovered once the domain has entered the RGP stage of the expiration process. Non .com or .net domains will be charged $85, or the registry's redemption fee; whichever cost is greater. Any domain that goes beyond this 30 days of Redemption Grace Period (in addition to the previous 30 days of auto-renew grace period) will be irretrievable. Meaning 60 days after the domain name's expiration date.
There are two processes whereby domains go through RGP at NameBright.com. Registry Redemption Grace Period (a.k.a "Registry RGP") and Registrar Redemption Grace Period (a.k.a. "Registrar RGP"). In the case of Registrar RGP, the domain name may be auctioned off or sold to third parties who have an interest in the domain beginning on the 30th day after the domain name has expired. Should a third party purchase rights to the domain, you will have exactly 30 days from the beginning of RGP to pay the redemption fee to have the domain name returned to you. Should the redemption fee not be paid within 60 days after the domain name's expiration, the ownership of the domain will change hands and be irreversible.
In the case of Registry RGP, the domain name will be deleted and go through the registry's RGP process. This period is mandated to be the 30 days immediately following the deletion of a registration. Therefore, presuming the domain name is deleted at the registry on the 30th day after the domain name's expiration, you will have 30 days following that date to redeem the domain name for the standard redemption cost of $85. Again, if you do not redeem a domain before the end of this redemption grace period, the domain will drop and become available for anyone to use. In many cases, you can lose permanent rights and access to the domain.
In other words, if the domain name is not renewed or redeemed within 60 days following the expiration, the domain will be irretrievable. During the first 30 days you can pay the basic renewal fee. In the second 30 days the Redemption fee for .com and .net is $85.
If you use privacy protection provided by NameBright you agree that you will not abuse the service, and any involvement / interaction on NameBright's behalf you will be charged a $150 "Whois privacy protection maintenance fee". This includes, but is not limited to legal services required from operating said domain, disputes over your domain or mediation of some form concerning the domain. If your accounts are found to be problematic, for any reason whatsoever, NameBright has the full right to terminate privacy protection on any and all domain names in your account. If you are doing anything illegal or questionably illegal on a domain name that is privacy protected, your privacy protection will be removed immediately. You grant NameBright absolute right and power. By using privacy protection services you consent that your personal information is not 100% protected. For iron clad privacy in Whois, NameBright suggests you hire a lawyer and have that lawyer be the primary contact on your domain. If NameBright receives a UDRP on a domain name that has privacy protected turned on, it will remove privacy protection so that you can respond to the dispute as the owner of the domain name.
You agree that in using privacy protection services, NameBright will review and forward certain communications addressed to this domain at it's own digression. In using Privacy Protection you acknowledge you are pointing ownership of the domain to NameBright.
Please note that certain domain registries do not allow privacy protection. Some example extensions that do not allow privacy protection are: .asia, .bz, .in, .ca, .ch, .cn, .co.uk, .com.au, .com.es, .com.sg, .de, .es, .eu, .fr, .li, .me.uk, .net.au, .nom.es, .nu, .org.au, .org.es, .org.uk, .sg, .us
1 Year Free Privacy Protection
All domain names registered through NameBright (which can have privacy protection) get 1 year of free privacy protection. This is on new registrations, on transfers in and on domain names that have never had privacy turned on before. After the 1 year is up you will be charged for the renewal at the current privacy protection price. In the case your privacy protection does not end on the "anniversary" of your domain name's expiration (can happen with transfers for example), NameBright will "sync" the privacy protection to the closest anniversary of the expiration date once the 1-year free has expired. In this case you will see a pro-rated charge where privacy might only renew for a few months (for a fraction of the yearly price at the pro-rated price), and then you will see a second privacy charge for an additional year when the anniversary of your domain's expiration comes up. This is done to keep all services associated with a domain synced up with its expiration date to make the management of your domain names easier.
If you do not cancel your 1-year of free privacy protection before the domain name renews, or before the anniversary of the domain, you will be charged the current rate for privacy protection. (Currently $2.95 per domain per year.)
Registered Name Holder Representations and Warranties.
You represent that all information you submit to NameBright.com is factually correct, and understand that providing false information with regards to domain registrations is considered a breach of contract with the sponsoring registry.
You warrant that all information submitted about your domain registration will contain accurate and up-to-date information such as full name, postal address, e-mail address, voice telephone number, fax number, if available the registered name holder, authorized person for contact person and if necessary organization or corporation name responsible for said domain registration.
Inaccurate and/or Unreliable Information.
Willful provision of inaccurate or unreliable information, willful failure to update information provided to NameBright within seven (7) days of any change, or your failure to respond for over fifteen (15) days to inquiries by NameBright concerning the accuracy of contact details associated with a domain registration shall constitute a material breach of this contract and be a basis for suspension and/or cancellation of the domain name registration. Furthermore, NameBright reserves the right to modify registered name holder's information when possible to correct inaccuracies or unreliable information.
Third Party Owners.
Any registered name holder that licenses use of a domain name to a third party is the registered agent and the registered name holder of said domain. The registered agent is responsible for providing its own contact information, providing accurate information and making updates as required in the terms of registration (this document.) A registered name holder licensing use of said domain shall accept liability for harm caused by wrongful use of the registered name, unless it promptly discloses the current contact information provided by the licensee to a party providing reasonable evidence of actionable harm. You represent that you have obtained consent from any third parties to register a domain on their behalf before registering a domain name with NameBright.com.
Legal Rights to Domains.
The registered name holder represents, to the best of the registered name holder's knowledge and belief, neither the registration of the Registered Name, nor the manner in which it is directly or indirectly used, infringes on the legal rights of any third party. NameBright is not responsible to determine whether the domain name(s) the registered name holder registers, and the use of said domain(s) infringes legal rights of others. It is the registered name holderâ€™s sole responsibility to know whether or not the domain name(s) registered do not directly infringe on the legal rights of any third party. By utilizing NameBrightâ€™s services, the registered name holder represents, to the best of the registered name holder's knowledge and belief, neither the registration of the Registered Name, nor the manner in which it is directly or indirectly used, infringes on the legal rights of any third party.
Disputes concerning or arising from the use of a registered domain name, the registered domain 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 the Registrar is located in Denver, Colorado, USA.
ICANN Adopted Specifications or Policies.
Registered Name Holder agrees that the registration of any domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specifications or policies (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name(s).
Registrant Rights and Responsibilities.
The Registrant must comply with all applicable terms and conditions, policies and procedures set by ICANN and summarized on ICANN's website: http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.
You agree to indemnify, defend and hold harmless NameBright, it's officers directors, officers, employees, agents and affiliates from any 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. By entering this agreement you agree that NameBright.com, at its sole discretion, may take whatever actions are necessary with regards to the modification, assignment and control of your domain and or other products and services it offers. NameBright is not responsible for domains that are allowed to expire or transfer to other registrars outside of NameBright.
Your Consent To Uphold This Agreement.
You agree to uphold the terms in this agreement and any future changes to this agreement. Failure to do so may result in termination of services, and or termination of your account.
- Accurate Information.
- Use of SSL's. In agreeing to this document you acknowledge that you have read, understood and will abide by all terms set forth in the SSL Terms and Conditions.
- Purchases of Premium / Aftermarket Domains. If you purchase the rights to domain names that other people own, which are listed as aftermarket / Premium Domains, you agree that the domain name will be locked for a period of 60 days. While NameBright will do everything possible to put the domain name into your account as fast as possible (usually immediately), transfer processes and other criteria might hold up the time until the domain is actually put into your account. NameBright will do what it can to expedite this process as much as possible and tries its best to only list domain names that can reasonably be transferred in a realistic amount of time.
- Use of Email Plans. You agree that your email plans will abide by the "Anti-SPAM" requirements listed in the following section. All email plans come with a 7-day guarantee, where you will receive an account credit for any email plan you wish to cancel. You are only allowed to cancel an email plan for a refund once per calendar year per account. All subsequent email plan cancellations will be without credit/refund. If you downgrade an email plan you will not be eligible for a prorated refund on the remaining time remaining in the plan. (Even though upgrades are eligible for a prorated refund.) All email plans are automatically renewed every year, two weeks before the expiration of the email plan. If you do not wish to continue with your email plan you must specifically "cancel" the email plan from the Email Accounts page within your account. If your account goes delinquent for more than two months due to billing issues or cancellation of the email plan, all data and email accounts will be deleted from within the plan and will not be retrievable. Email services are only available to domain names that are currently registered at NameBright.
NameBright does not allow it's servers or services to be used in any way that violate the Can-Spam Act of 2003 or the Telephone Consumer Protection Act.
- Unsolicited Email. You agree that you will not utilize any NameBright.com servers or services for transmitting bulk, unsolicited email to third parties without expressly having their permission to be opted-in to receive emails from you, or that are not transactional in nature.
- Unsolicited Facsimiles. You agree that you will not utilize any NameBright.com servers or services for transmitting unsolicited facsimiles (Faxes) which are an advertisement or without first obtaining prior confirmed consent to send such communications to the recipient.
- Opt-Ins. For all emails that go through the NameBright system and have previous customer consent, you must include a legitimate physical mailing address of the sender and an opt-out method in the footer of the email. Upon request, NameBright may ask for definitive proof of an opt-in for mail to be sent out through your account. NameBright reserves the right to terminate any email account, email plan, website or other hosted service based on the fact that email going through its servers may not apply to all applicable laws, and/or the fact that your account is deemed to be sending bulk unsolicited email and or faxes.
- Linked Accounts. Linked Accounts on NameBright are a way to give other users within NameBright control over your accounts. All users of NameBright are required to agree to the same terms and conditions as one another. By granting another user permission to access/modify/use your account, you are agreeing to the terms and conditions as set forth in this document. You can and will be responsible for actions taken by other users on your account. For example, if you have given a user permission to your email accounts, and that user is found to have been sending bulk unsolicited email, not only can NameBright terminate that user's account, but can terminate your email plan, or your account in it's entirety. You also agree to the inherent risks of granting other people access to your account, which means giving those people access to modify your domain registrations, manage your email accounts, managing your domains, etc. NameBright takes no liability for misuse of linked accounts.
- API Access. To get started with API Access (for programmatically connecting to NameBright) you must first apply and provide reasoning and what you are looking to do with the API access. API access is private and will not be granted to every user. Secondarily, you will be required to fund your account and have a minimum of $100.00 USD in your account balance before being allowed to use the API. All charges which are made using the API will come off of your account balance and will not be associated with a credit card in any way. By using the API you agree that any calls made to the API to charge against your account cannot be refunded. (Certain exceptions "may" apply for a refund, you will need to contact NameBright directly to discuss.) When using the API you agree that you will not do more than 30 requests against our system in a 30 second time-frame. If you do so, you will be rate-limited and API access may be revoked if you hit this threshold too often. As a general rule, we ask you space requests out by 1 second, and NameBright might limit your access even if you are too demanding on the system. (For example, hitting NameBright 30 times in a 5 millisecond period is too aggressive.) You also agree that the API will not be used to purchase domain names that are expiring / dropping into general availability. If you attempt to purchase expiring domains, or check their availability during the drop, NameBright will respond with "domain not available" even if the domain might actually be available at that time.
- Returns / Refunds. NameBright is not obligated to issue a return or a refund on any of it's products. Some products can be returned (such as failed inbound domain transfers), and for all products that are returnable, the return will be processed as an account credit. No refunds will be made to a credit card or bank transfer as an inbound transfer was made. With large returns (in excess of a few hundred dollars), it is possible that the credit card processing fees will not be returned to you, but NameBright will try to issue an account credit for the full purchase price when possible.
- Billing. In rare circumstances NameBright might have to make billing adjustments based on unforeseen events, as just one example, where you might purchase a premium (aftermarket) domain name, and the listing have not been valid and domain cannot properly be transferred, whereby you would see an refund or credit for the fact that the product/service you wanted to purchase was unavailable due to unknown reasons. NameBright does it's best to avoid any such issues but reserves the right to rectify any potentially problematic issues.
- Security Logging. NameBright works to bring the best security practices to your account. We log most important activity into your account and onto your domain names so that you can easily review what is going on with your account. However, NameBright does not guarantee to capture every event that happens in the system or through our programmatic interfaces.
- Abuse Contact. If you should have an issue with illegal activities operated from a domain that NameBright is the sponsoring registrar, send an email to abuse at namebright.com. This email is monitored constantly. Leave detailed information that can properly communicate the issue and steps to see / reproduce this issue. Please provide us with full details of contacting yourself, including your name and position if appropriate to the case. We will get back to all valid reports within 24 hours. If you do not provide enough information or lack details to deem a response necessary, it is possible a response might not be sent. NameBright does not guarantee to take action depending on the issue and severity of the abusive issue at hand.
- Deliverability of Email. Registrar will not be responsible for delivery of email and is not liable for email lost due to Registered Domain Holder's email client or email provider and how these companies and programs deliver email. It is your responsibility to maintain a current and up-to-date email account. Please note that certain emails are required during domain registration, as stipulated by ICANN and for your protection. Should you not be able to unsubscribe to a specific email you should delete your domain names, close your account and/or transfer the domain to another registrar.
This site, its contents, and all information, products, and services contained in or offered through this site are provided on an "as is" and "as available" basis without representations or warranties of any kind.
NameBright.com does not, in any manner, provide any express or implied representations or warranties, including but not limited to warranties of title, merchantability, fitness for a specific purpose, or noninfringement.
NameBright.com does not warrant that this site or its contents will be complete, accurate, uninterrupted, secure, or error free or that the site or the server that makes it available are free of viruses or other harmful components.
All information on the site is subject to change without notice.
In addition, by using NameBright.com you specifically acknowledge and agree that NameBright.com shall have not liability for interruptions in service caused by site maintenance and repairs; interruptions cause by you from custom coding, programming, or configuration; service interruptions that do not prevent traffic to your domain but may affect your ability to alter or configure your domain; and service interruptions beyond the reasonable control of NameBright.com including but not limited to power outages, interruption or failure of digital transmission and/or telecommunication, high network use or any other such failures.
- Promotions. Registrar has the right to terminate any promotion due to abuse of the promotion. With the End of Year promotion, registrar is offering $4.99 domain registrations for .com domain names, there is no limit on the number of domain names that you can register at this pricing. Should the registrar see upwards of 100,000 new .com registrations it reserves the right to terminate said promotion early.
- Accuracy of Written Material. NameBright has gone through great lengths to make sure the copywriting on it's site is accurate and up-to-date, many times with backend calculations that factor into prices and expiration dates, etc. As NameBright.com is ever-evolving there is a possibility copywriting might not match how the technology of the platform works. We make best efforts to keep this material up-to-date and accurate and will do our best to uphold what is presented and said on the website. However in issues of gross error, such as prices accidentally being listed at $0.01 or our website algorithms accidentally saying "100 years free", NameBright reserves the right to issue a full refund for such inaccuracy.
- Assignment. You shall not give, bargain, sell, assign, sub-let or otherwise dispose of this Agreement or any part thereof or the benefit or advantage of the Agreement of any part thereof without the prior consent in writing from the Seller.
- Legal Conduct. You agree that your use of the NameBright system is only for legal activities. Use of our servers, our services, email or any other part of NameBright for illegal activities will constitute a material breach of this agreement and your account may be placed on hold or suspended depending on the severity of the infraction.
- Governing Law; Jurisdiction. This Agreement shall be governed by the laws of the state of Colorado, U.S.A., without reference to its choice of law rules. The parties agree that the forum for dispute resolution under this Agreement shall be located exclusively in the courts of the state of Denver, Colorado, U.S.A. The parties specifically exclude the United Nations Convention of Contracts for the International Sale of Goods and the Uniform Computer Information Transactions Act from application to this Agreement.
Last Updated: 12/2/2016
Copyright 2008-2017 NameBright.com. All Rights Reserved