Domain Name Registration and Services Terms
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The Domain Name Registration and Services Terms (“Domain Name Terms") to our Terms of Service (made available at https://vercel.com/legal/terms), Enterprise Terms and Conditions (made available at https://vercel.com/legal/enterprise-terms), or any other agreement you (“Customer” or “you”) have entered with Vercel Inc. (“Vercel”, “we”, or “us”) governing the provision of Vercel’s cloud-based platform or software services to you (collectively, the “Terms”) form a part of the Terms. The Domain Name Terms are effective as of the date you first access and use the Registration Services (“Effective Date”) and apply to your use of the Registration Services (as defined below).
By accessing or using the Registration Services, you agree to be bound by the Domain Name Terms. Except as set forth below, all other terms and conditions of the Terms are incorporated by reference and will remain in full force and effect. If any Domain Name Terms conflict with the Terms, the conflicting Domain Name Terms will control with respect to the Registration Services. The Domain Name Terms supersede all other understandings or agreements between you and Vercel regarding the Registration Services. Capitalized terms used but not defined herein shall have the meaning given in the Terms.
IF YOU ARE ENTERING INTO THESE DOMAIN NAME TERMS ON BEHALF OF A COMPANY OR OTHER LEGAL ENTITY, YOU REPRESENT THAT YOU HAVE THE LEGAL AUTHORITY TO BIND THE ENTITY TO THESE TERMS, IN WHICH CASE “CUSTOMER” OR “YOU” (WHETHER OR NOT CAPITALIZED) MEANS THE ENTITY YOU REPRESENT. IF YOU DO NOT HAVE SUCH AUTHORITY, OR IF YOU DO NOT AGREE WITH THE DOMAIN NAME TERMS YOU SHOULD NOT ACCEPT THE DOMAIN NAME TERMS AND MAY NOT USE VERCEL’S REGISTRATION SERVICES.
1. Registration Services
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Vercel provides domain registration, renewal, and any related services provided by Vercel pursuant to the Domain Name Terms (“Registration Services”) through sponsoring registrars. Vercel currently provides Registration Services through Name.com, Inc and Tucows Domains Inc., and reserves the right to provide Registration Services through other ICANN-accredited sponsoring registrars (each, a “Registrar”).
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Customer acknowledges and agrees that use of any Registration Services is subject to the terms of each applicable Registrar, the rules and policies of the applicable top-level domain (“TLD”) registry and the Internet Corporation for Assigned Names and Numbers (“ICANN”), and any other applicable third-party agreements that are made available in Vercel’s Notices and License Information and incorporated here by reference (collectively, “Registration Policies”). Customer is responsible for reviewing all Registration Policies and using or accessing any Registration Services signifies that Customer has read, understood, acknowledges, and agrees to be bound by them.
2. Representations and Warranties
Customer represents and warrants that:
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Customer’s domain name that is either registered through the Registration Services or already registered and transferred to Vercel through the Registration Services (“Domain Name”), and any associated websites or activities, do not violate any applicable laws or infringe any third party’s proprietary or privacy rights, including intellectual property rights;
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Customer has obtained all necessary consents and clearances, including from any individual whose Personal Data may be submitted to a Registrar, to use the Registration Services;
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all information provided to Vercel, any Registrar or TLD in connection with the Registration Services is accurate, complete, up-to-date, and reliable;
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Customer is not owned, controlled, or affiliated with any person or entity (i) listed on the United Nations or United States sanctions or export-related restricted party list, including the U.S. Department of the Treasury Office of Foreign Assets Control’s Specially Designated Nationals and Blocked Persons List, or (ii) that is a national of, located in or organized under the laws a jurisdiction that is subject to comprehensive United Nations or U.S. sanctions;
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Customer’s use of Registration Services does not suggest any affiliation with Vercel or its affiliates;
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Customer meets any eligibility criteria prescribed by an applicable TLD or Registrar for the registration of a Domain Name;
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Customer has not previously submitted an application for the Domain Name and been rejected; and
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the Domain Name has not been removed, blocked or transferred pursuant to any dispute or other order.
Customer acknowledges and agrees that the registration of any Domain Name may be rejected or cancelled if any of the foregoing warranties are found to be untrue, incomplete, inaccurate, or misleading.
3. Intellectual Property
Customer acknowledges and agrees that even if a Domain Name is accepted for registration, the registration can be challenged by others who claim to have an entitlement to the Domain Name. Registration does not create a proprietary right and is not evidence of ownership.
4. Indemnification
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If Vercel becomes aware of any dispute, allegation, or complaint with respect to a Domain Name, Customer agrees that Vercel may, in its sole reasonable discretion, take any action it deems necessary regarding further modification, assignment of, and control of the Domain Name to comply with the actions or requirements of any governmental, administrative, or judicial body, or until such time as the dispute, allegation, or complaint is resolved, including releasing any data received by Vercel in connection with your use of the Registration Services ("Registration Data") to the applicable Registrar, complaining party, or decision-making body.
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Customer agrees to indemnify Vercel, and its directors, officers, employees, and agents for (i) any dispute, allegation, or complaint arising from or relating to any Domain Name, (ii) any reasonable action taken by Vercel under Section 4(a), or (iii) any claim or dispute arising from Customer's breach of its representations and warranties in these Domain Name Terms or any Registration Policies. Customer will defend Vercel after receiving any notice of a claim or dispute described in (a) and (c) and reimburse Vercel for reasonable attorney's fees, as well as our employees' and contractors time and materials spent responding to any subpoena or other compulsory legal order or process associated with the same at our then-current hourly rates. Vercel will not be responsible for any settlement it does not approve, such approval not to be unreasonably withheld or delayed
5. Registration Data
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Customer agrees to provide Vercel with any information reasonably necessary to provide the Registration Services and to respond promptly to any communication or requests for information or documentation from Vercel or a Registrar in no more than fifteen (15) days, unless an earlier response is required by the communication or request.
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In the event that Vercel is unable to identify the individual or entity registering a Domain Name ("Registrant"), Vercel may deem the Authorized Account Holder to be the Registrant. The "Authorized Account Holder" is the natural person assigned an email address by an Internet access provider, online service provider or other organization responsible for assigning email addresses for the Domain Name associated with the submitted address. You may be required to show proof of being the Authorized Account Holder. When a Domain Name is registered by a group of individuals or a "team," the Registrant will be the individual designated as the "Team Owner" in the Team Settings.
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Registration Data is subject to the terms of Vercel's Privacy Policy, which is hereby incorporated by reference. Customer acknowledges and agrees that when Customer registers a Domain Name, Vercel discloses Personal Data with the applicable Registrar, which acts as the data controller for the purposes of providing Registration Services.
6. Renewal
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Customer is solely responsible for informing itself of the date of expiration of any Domain Name registration and renewing its registration in a timely manner, including complying with all deadlines and current registry requirements, managing automatic renewal settings, providing current payment and contact information, and paying all associated renewal fees. A Domain Name registration will expire on the expiration date specified in the registration term and as communicated to Customer. Without limiting the foregoing, Vercel will provide reminder(s) at least sixty (60) and thirty (30) days' prior to the expiration of a Domain Name registration ("Expiration Date"). Domain Name renewals are subject to the requirements of each respective registry. Vercel will not be liable for a Domain Name registration renewal being unavailable for any reason, including if a Registrar no longer offers a particular Domain Name or due to a registry change.
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If Customer enables the automatic renewal option for Registration Services, Customer authorizes Vercel to charge the payment method associated with Customer's Vercel account for the full amount of applicable renewal fees prior to the Expiration Date. If payment is not received or cannot be completed prior to the Expiration Date for any reason, or if Customer disables the automatic renewal option for the Registration Services, Vercel will take no action to renew the registration of any Domain Name, unless Customer manually elects to renew the registration, and Customer may experience an interruption or loss of Registration Services. Vercel will not be liable to Customer or any third party for the same.
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In the event that Customer fails to renew the domain name in a timely fashion, the registration will expire and a Registrar may, at its discretion, elect to assume the registration and may hold it in its own account, delete it, or sell it to a third party. Customer acknowledges and agrees that its right and interest in a domain name ceases upon its expiration and that the termination, non-payment, or non-renewal of a registration constitutes Customer's consent to treatment of a registration as described in this paragraph.
7. Fees
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Customer will pay all fees, charges, and taxes ("Fees") associated with Registration Services. Fees for Registration Services and Fees for renewals are displayed in Customer's Vercel dashboard and available via vercel.com/domains. Vercel may charge an additional fee for services used to recover a Domain Name that has expired due to Customer's failure to renew the registration before the Expiration Date.Vercel reserves the right to modify the Fees for Registration Services as a result of such price changes upon communication to you, provided that modifications to Fees for already registered Domain Names will be effective only upon renewal.
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By providing a payment method, Customer authorizes Vercel to charge the payment method when Customer first uses the Registration Services and at subsequent intervals if Customer has enabled the automatic renewal option. To access certain Registration Services, you must provide a valid credit card as the payment method for Fees. Fees for the Registration Services are not eligible to be paid via pre-committed Managed Infrastructure Units (MIUs) or credited against other payments you make to Vercel.
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All payments for Registration Services are final, non-refundable, and non-transferable, unless expressly authorized by Vercel in writing. Any request to register or renew a Domain Name is not effective unless and until Vercel has received your payment.
8. Term and Termination
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The Domain Name Terms take effect on the Effective Date and continue until Customer ceases using the Registration Services, unless terminated earlier in accordance with this Section.
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You may terminate the Domain Name Terms by allowing to lapse, assigning, or transferring to an alternative registrar the registration of all Domain Names currently using Vercel's Registration Services. Customer acknowledges that ICANN rules and policies govern the transfer of Domain Names and accordingly, transfer requests may take time to take effect.
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Vercel may suspend or cancel Registration Services, or terminate these Domain Name Terms, immediately upon notice to you, (i) if Vercel or Registrar determines you have violated any provision of these Domain Name Terms, (ii) to comply with any Registration Policies, laws, order of a court of competent jurisdiction, or request from any governmental authority, (iii) to avoid any liability, civil or criminal, (iv) if the provision of Registration Services to Customer is impractical or unfeasible for any legal, regulatory, or security reason or otherwise necessary to maintain the security, integrity, and stability of Registration Services. If Vercel exercises the foregoing right, Customer will not be entitled to any refund.
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Sections 1(b), 2, 3, 4, 7, 8(d), 9, 10 and any other provision that by its nature is intended to survive, will survive termination of these Domain Name Terms. On termination of these Domain Name Terms, a Domain Name may be subject to suspension, cancellation, assignment, deletion, or transfer to a third party. Upon Customer's request within fourteen (14) days of the effective termination date of these Domain Name Terms, Vercel will use commercially reasonable efforts to assist Customer to transfer any Domain Name registrations that have not expired to an alternative registrar of choice.
9. Disclaimer; Limitation of Liability
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EXCEPT AS EXPRESSLY STATED IN THESE DOMAIN NAME TERMS, ALL REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS" AND VERCEL, ITS AFFILIATES, AND REGISTRARS MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, INCLUDING THAT REGISTRATION OF A DOMAIN NAME VIA THE REGISTRATION SERVICES WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. Vercel's support terms do not apply to Registration Services.
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NOTWITHSTANDING ANY OF THE TERMS, EXCEPT FOR YOUR BREACH OF SECTIONS 1(b), 7, OR YOUR BREACH OF ANY REPRESENTATIONS OR WARRANTIES OR YOUR INDEMNITY OBLIGATIONS, TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NEITHER PARTY, NOR ANY REGISTRAR, ITS LICENSORS, TECHNOLOGY SUPPLIERS, OFFICERS, AFFILIATES, REPRESENTATIVES OR AGENTS WILL BE RESPONSIBLE OR LIABLE WITH RESPECT TO ANY SUBJECT MATTER OF THE DOMAIN NAME TERMS UNDER ANY CONTRACT, NEGLIGENCE, STRICT LIABILITY OR OTHER THEORY: (A) FOR ERROR OR INTERRUPTION OF USE OR FOR LOSS OR INACCURACY OR CORRUPTION OF DATA OR COST OF PROCUREMENT OF SUBSTITUTE GOODS, SERVICES OR TECHNOLOGY OR LOSS OF BUSINESS; (B) FOR ANY INDIRECT, SPECIAL, EXEMPLARY, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES; OR (C) FOR ANY DIRECT OR AGGREGATE DAMAGES, COSTS, LOSSES, OF LIABILITIES IN ANY AMOUNTS EXCEEDING THE GREATER OF ONE HUNDRED DOLLARS AND THE FEES PAID BY YOU TO VERCEL FOR THE REGISTRATION SERVICES IN THE TWELVE (12) MONTHS PRIOR TO THE ACT THAT GAVE RISE TO THE LIABILITY, IN EACH CASE, WHETHER OR NOT SUCH PARTY HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. THE PROVISIONS OF THIS SECTION ALLOCATE THE RISKS UNDER THIS AGREEMENT BETWEEN THE PARTIES, AND THE PARTIES HAVE RELIED ON THESE LIMITATIONS IN DETERMINING WHETHER TO ENTER THIS AGREEMENT.
10. Miscellaneous
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Vercel may update these Domain Name Terms at its discretion, including to reflect changes to the Registration Services, for security or legal reasons, or to promote safety or prevent abuse. If you continue to access the Registration Services after we post the updated Domain Name Terms on Vercel’s website or otherwise give you notice of such changes, then you agree to the updated Domain Name Terms. If you do not agree to the updated Domain Name Terms, you must stop using the Registration Services.
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Severability. If a particular provision of the Domain Name Terms is not valid or enforceable, this will have no effect on any other provision of the Registration Services or Domain Name Terms.
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Entire Agreement. The Domain Name Terms, and any other terms expressly incorporated by reference, form the entire agreement between you and Vercel regarding the subject matter of the Domain Name Terms.