Terms of Service
The following terms and conditions (“Terms of Service”) apply to the provision of Precise Virtual Development LLC, (“Services”) and to the Customer who orders (“Customer”) domain registration services through Precise Virtual Development.
We may, in our sole and absolute discretion, change or modify this Agreement, any policies or agreements which are incorporated herein, and any limits or restrictions on the Services, at any time, and such changes or modifications shall be effective immediately upon posting to this Site. Your use of the Services after such changes or modifications shall constitute your acceptance of this Agreement and any limitations to the Services as last revised. If you do not agree to be bound by these Terms and any Service limitations as last revised, do not continue to use the Services. We may occasionally notify you of changes or modifications to this Agreement by email. It is therefore very important that you keep your “client account” information current. We assume no liability or responsibility for your failure to receive an email notification if such failure results from an inaccurate email address.
Precise Virtual Development resells top-level domains (TLDs) – gTLDs (generic top-level domains) and ccTLDs (country-specific top-level domains). Your use of a domain name is governed by this TOS, the Registrant Agreement provided by the respective Registry or Registrar, and ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP).
All domain name registrations are subject to the terms and conditions of any registrar Precise Virtual Development may use to fulfill the Order and their rules and regulations. You agree to be bound by the rules and regulations and dispute resolution policies applicable to each domain name applied for on your behalf. Details of these terms and conditions are available in Section 1 of this TOS.
1. Domain Name Registration
1.1 Precise Virtual Development does not warrant or guarantee that the domain name applied for in your Order will be registered in your name or is capable of being registered by you. You should not rely on the fact that you have submitted an Order to register a domain name until you have been notified by us that your requested domain name has been registered.
1.2 The registration of the domain name and its ongoing use are subject to the relevant naming authority’s terms and conditions of use, and you are responsible for ensuring that you are aware of those terms and conditions. You waive any claims you may have against Precise Virtual Development should a naming authority refuse to register a domain name. Domain registration and renewal fees are non-refundable in any event. Renewal fees for expired domain names may vary depending on the Registrar of record.
1.3 Any dispute between you and any other individual or organization regarding a domain name must be resolved between the parties concerned. Precise Virtual Development will take no part in any such dispute. We reserve the right, upon becoming aware of such a dispute, at our sole discretion to either suspend or cancel the domain name and/or make appropriate representations to the relevant naming authority. You warrant and 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 by you and/or any affiliate directly or indirectly infringes the legal rights of a third party.
1.4 You are solely responsible for providing us with accurate and up-to-date contact information. We shall not accept any responsibility for any cancellation or refusal to renew a domain name by the relevant naming authority due to any failure to provide such information. Any changes made by you to your details using the Precise Virtual Development User Area facility are your own responsibility. We are not responsible for the renewals of any domain name registrations, except when stated otherwise as part of a special promotion, and you should make your own arrangements for reminding yourself when any name is due for renewal. As a courtesy to you, to avoid SPAM, the email address in your WHOIS record will be registered to our address. If you would like to modify this address, please contact us.
1.5 Where Precise Virtual Development is acting as registrar, the ICANN-adopted consensus policies on the transfer of sponsorship of registrations between registrars shall apply.
1.6 Free domain name registration.
We may offer you a free domain name registration during your Initial Term and any Renewal Term (Free Domain Name) as part of some of the hosting services and special promotions we provide. You must satisfy the following criteria in order to take advantage of this offer:
- You must order a hosting service that includes a Free Domain Name registration as described on the Product Page.
- The Free Domain Name must be your first primary domain and must be associated with the initially ordered Hosting Service throughout the duration of your prepaid Term.
- The Free Domain Name must be for one of these tlds: .com, .net, .org, .biz, or .info. For visitors from certain countries, the local country-specific domains may be available for free registration and renewal.
We have no liability for domain names that are not registered by us and associated with your accounts.
1.7 Information you are required to submit
You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may change. If you do not wish to provide the new information, your registration will not be renewed.
The information you provide determines the ownership of the domain as set out in the terms and conditions of the domain name registrar. For non-expired domain names registered through Precise Virtual Development, this information can be changed at any time through a domain management facility in your Client Area.
If you intend to sell the use of a domain name to a third party, or to allow a third party to use it, you are still responsible for providing the contact information specified above. You accept liability for such registration and remain responsible for payment of the relevant Fees and performance of all other obligations under this TOS.
1.8 Obligations relating to provided data
If you provide information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party’s information as set forth in this TOS, and (b) that you have obtained that third party’s express consent to the disclosure and use of that party’s information as set forth in this TOS.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly, or failure to respond for over fifteen days to inquiries by Precise Virtual Development concerning the accuracy of contact details associated with your registration will constitute a material breach of this TOS and will be sufficient basis for cancellation of your domain name registration.
1.9 Disclosure and use of registration information
You agree and acknowledge that Precise Virtual Development will make available domain name registration information you provide, or that Precise Virtual Development otherwise maintains, to ICANN, to the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit.
ICANN may establish guidelines, limits and/or requirements that relate to the amount and type of information that Precise Virtual Development may or must make available to the public or to private entities and the manner in which such information is made available. You agree to abide by these policies and may not terminate this TOS based on such a change.
You hereby consent to each of the disclosures set out in this TOS. You further consent to the use of the information you provide to us and guidelines, limits and restrictions on disclosure of, information provided by you in connection with the registration of a domain name (including any updates to such information). This applies 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 Precise Virtual Development.
1.10 Ownership of data
You agree and acknowledge that Precise Virtual Development owns all database, compilation, collective and similar rights, title and interests worldwide in Precise Virtual Development’s domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that Precise Virtual Development owns the following information for those registrations for which Precise Virtual Development is the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, all email addresses, telephone number, and where available, fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration; (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and (e) any other information Precise Virtual Development generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the IP addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers.
2. ID Protect
If set out in your Order, we will provide private domain name registration services to you (ID Protect). If we provide ID Protect to you, you agree that:
- This Service is provided on a reasonable efforts basis. We are not responsible if your identity is mistakenly disclosed;
- You warrant that you have purchased this Service for legitimate use, and not to evade any legal, tld, ICANN or other requirement imposed by law, or an Internet authority;
- You will provide us with accurate information, and that you will ensure that this information is updated immediately when it changes;
- You will indemnify and hold us harmless based on any claims made against us based on providing ID Protect to you;
- You will immediately respond to all notices we provide to you that are forwarded to us as a result of providing the ID Protect service to you; and
- We may terminate all Services provided to you should we determine, in our reasonable discretion, that you are abusing the ID Protect service, or you do not immediately respond to our inquiries or the notices we forward to you.
3. Domain Registrar Transfers
You can change your Registrar for an existing domain name only in accordance with the policy of the relevant Registry. Only the “Domain Name Owner” (the individual or entity listed as the registrant in the current domain name registration) of the domain name registration may initiate a request to transfer the domain to Precise Virtual Development. You hereby represent that you have the full and complete authority as the holder of the domain name registration to initiate such a transfer, or that you have been given full and complete authority by the Domain Name Owner of the domain name registration to initiate such a transfer. We may require you to provide documentation that proves that the Domain Name Owner of the domain name initiated this transfer request. If the Registrar of record is being changed simultaneously with a transfer of a domain name from one party to another, we may also request that you submit appropriate authorization for the transfer – i.e. a bilateral agreement between the parties, a final determination of a binding dispute resolution body, a court order, or other appropriate authorization.
The request to transfer a domain name registration from another registrar to Precise Virtual Development may be denied where applicable for any of the following:
- the time passed after initial registration, after most recent transfer and after renewal of the domain name does not meet Registries’ requirements;
- the registration is within the last fifteen days prior to the expiration of the domain;
- you have provided an incorrect or no Authorization (EPP) code or the special TAG attribute is not correctly set;
- you do not have access to the administrative email address for the domain;
- the domain name is in LOCKED status;
- the domain TLD is not with among the TLDs that Precise Virtual Development can register;
- there is pending bankruptcy of the domain name holder;
- there is a dispute over the identity of the domain name holder;
- at the discretion of the then-current registrar;
- by operation of law; or
- in accordance with circumstances described in the Domain Name Dispute Policy.
Upon successful completion of the registrar transfer request, we shall immediately become the registrar of record. As set out in the terms of the respective Registry, your domain name registration term may be extended for up to two years either from the date your existing registration is set to expire or from the date the transfer is completed, provided that the total unexpired term of a registration does not exceed ten years.