1. Domain Name Services.
This document (the “DNS Terms”) describes the rights and obligations
of Global MCS and the Customer in connection with Global MCS’s registration or
renewal of domain names for the Customer.
2. Domain Name Registration.
Upon Customer’s request and subject to these DNS Terms, Global MCS
will register an Internet domain name, or renew the Customer’s registration of
an existing domain name, on behalf of Customer with a registrar selected by
Global MCS and identified below (the “Registrar”).
3. Customer Responsibilities.
Global MCS’s registration or renewal of any domain name is subject to
(i) Global MCS receiving from Customer all information needed from Customer in
order to complete such registration, (ii) such domain name not being in
violation of any applicable law, rule or regulation or the policies of the
applicable Registrar or registry, and (iii) Customer’s compliance with these DNS
Terms. Registration of a domain name is subject to availability of such domain
name for registration, and Global MCS will not be responsible if a domain name
is not available for any reason. Global MCS will also not be responsible for any
infringement of third-party rights caused by its registration of a domain name
for Customer. Customer waives any claims it may have against Global MCS for, and
hereby releases Global MCS of and from, any loss, damage, liability or expense
arising out of, or relating to, the registration of such domain name in any
online or offline network directories, membership lists or registration lists,
or the release of the domain name from such directories or lists following the
termination of services by Global MCS for any reason. Customers registering a
domain name with Global MCS, but hosting with another host provider, will not
use Global MCS name-servers to point their domain names outside of Global MCS IP
space. Customer will update its domain name zone files with its chosen host
providers. Global MCS will not point Customer zone file records to
sub-directories within Customer’s main domain name.
4. ICANN and Other Authority.
Customer acknowledges that its rights to any domain name registered or
renewed by Global MCS are not being granted by Global MCS but are subject to the
rules and regulations of ICANN, the Registrar, the registry and applicable law.
Customer’s inability to use a domain name shall not entitle Customer to a refund
by Global MCS of any fees paid with respect to the registration of such unusable
domain name. The domain name for the Customer Web site shall be the property of
5. Domain Name Renewals.
If Customer requests Global MCS to renew for multiple years a prior
registration of Customer for a domain name, Customer represents and warranties
that all information it provides to Global MCS in connection with such request
will be true and correct. Global MCS’s sole responsibility in connection with
any such request will be to process the renewal using the renewal mechanism
provided by the Registrar. Global MCS will have no responsibility or liability
for any loss, interruption in service, service error or loss of data caused by
6. Registrar Terms and Conditions.
Beginning at approximately 8:01 am Eastern U.S. time on Wednesday,
May 1, 2002, unless the applicable Order specifies another Registrar, all
registrations and renewals will be subject to the terms and conditions of
godaddy.com, available for review at http://www.godaddy.com/help/HostTerms.asp
(the “Registrar Terms”) and by submitting any Order to Global MCS for domain
name services under these DNS Terms, the Customer agrees to the Registrar Terms
http://www.godaddy.com/help/privacy.asp. Prior to such time, all registrations
and renewals are subject to the terms and conditions of Network Solutions,
available for review at http://www.godaddy.com/help/
monitor_agreement.asp. If the Order specifies a Registrar other than Melbourne
IT, the Customer agrees to the terms and conditions of such registrar as the
same may be posted on the web site of such Registrar from time to time.
7. Changing Registrars.
Global MCS does not generally perform domain name services that require
the domain name change registrars. However, if Global MCS, in its sole
discretion accepts an Order from Customer for domain name services that requires
that the domain name change registrars, the Customer acknowledges that it is
solely responsible for complying with the acknowledgement policies of the losing
registrar. Such acknowledgement policies may require the Customer to respond to
an e-mail sent to the e-mail address for the Administrative Contact of the
domain name, as reflected in the WHOIS database of the losing registrar. The
Customer acknowledges and agrees that neither Global MCS nor the gaining
Registrar will bear any liability or responsibility for any delay, inconvenience
or expiration of domain name registration that occurs as a consequence of the
Customer’s failure to respond timely to any losing registrar query or request
8. Changing Registrar Resellers.
If the Customer submits an Order to Global MCS to renew a domain name
that was previously registered through a reseller of the Registrar, the Customer
acknowledges that it is solely responsible for complying with the
acknowledgement policies of the losing reseller and the Registrar. Such
acknowledgement policies may require the Customer to respond to an e-mail sent
to the e-mail address for the Administrative Contact of the domain name, as
reflected in the WHOIS database of the losing registrar, and may also require
the Customer to settle any open accounts it has with the losing reseller. The
Customer acknowledges and agrees that Global MCS will bear no liability or
responsibility for any delay, inconvenience or expiration of domain name
registration that occurs as a consequence of the Customer’s failure to satisfy
the acknowledgment policies of the losing reseller or the Registrar.
9. Renewal and Expiration.
The Customer agrees that Global MCS bears no responsibility or
obligation to notify Customer of any impending domain name expiration dates and
that the Customer is wholly responsible for such deadlines. Although Global MCS
may accept Orders for domain name renewals within the forty-five-day (45) day
period prior to the impending expiration date of a domain name, Global MCS will
have no responsibility for any expiration of a domain name that occurs with
respect to any Order submitted to Global MCS within such period.
10. Contact Information.
The Customer agrees to keep its WHOIS information accurate and up-to-date. The
Customer must cause the e-mail address for the Administrative Contact to be the
same as the Customer’s e-mail address maintained in Global MCS’s billing
records. If the e-mail address for the Administrative Contact is not the same as
the Customer’s e-mail address maintained in Global MCS’s billing records, Global
MCS may (but will have no duty to) change the e-mail address for the
Administrative Contact in the WHOIS records of the registrar.
11. Other Terms and Conditions. The provisions of Sections 9, 10, 11, 14 and 15
of the Terms of Service are incorporated herein by this reference. All fees are
fully earned when due and non-refundable when paid.
12. Under Construction Page.
Customer agrees that upon registration of a domain name with Global
MCS, if such domain name is (a) hosted on an Global MCS domain name server and
(b) does not otherwise resolve to an active Web site, such domain name will be
pointed to a page as designated by Global MCS in its sole discretion (the “Under
Construction Page”). The Under Construction Page may be modified by Global MCS
at any time in Global MCS’s sole discretion and without notice to Customer. The
Under Construction Page may include, without limitation (i) links to additional
products and services offered by Global MCS, (ii) advertisements for products
and services offered by third-parties, and (iii) an Internet search engine (the
“Additional Content”). If Customer does not wish to have Customer’s domain name
resolve to the Under Construction Page as described herein, Customer should use
the DNS Manager to disable the Under Construction Page. Customer may access the
DNS Manager by visiting the Control Panel,
or by going to Contact Us and submitting a service request
Adopted January, 2005