Terms and Conditions
The following Terms and Conditions (hereinafter, the "Agreement") constitute an Agreement between Dinamon LLC, a Delaware (USA) company as owner of the website Registros.com (hereinafter "Registros.com", "We", or "we") and the Customer (hereinafter, the "Customer"). This Agreement sets out the Terms of Use of our systems and platforms as well as the conditions for the purchase and use of the services and products offered through Registros.com.
This Agreement shall become effective when the Customer accesses the Registros.com website or purchases any Product or Service offered through it. By using Registros.com or purchasing any of the Services offered through Registros.com, the Customer acknowledges having read and agrees to the terms set out in this Agreement and all Policies and Agreements incorporated herein.
This Agreement defines both our obligations to the Customer as a service provider and the Customer's obligations to Registros.com in connection with the purchase and use of our Services. These obligations are cumulative (i.e., they supplement and do not replace) any Agreements or specific Terms and Conditions applicable to individual Services.
This Agreement has been drafted in both Spanish and English. In the event of any discrepancies or divergent interpretations between the two versions, the English version shall prevail.
Table of contents
1. Introduction
1.1 Definitions
- Registros.com, We, we, us, our: These refer to Dinamon LLC, a United States company as owner of the website Registros.com.
- Customer: Refers to any person, company, entity, or agent that purchases or uses the Products and Services offered through Registros.com, as well as any agent, employee, or person authorized to act on their behalf.
- Account, User Account, Customer Account: Refers to the online account that the Customer creates and uses to access and manage products and services at Registros.com, as well as to make payments and access invoices corresponding to the contracted Services.
- Product(s) and Service(s): Refers to all products and services offered through Registros.com, including, but not limited to, domain registration, web hosting, SSL certificates, email services, and other related services.
- Domain Registration: This term refers to the services provided by Registros.com related to the registration and administration of Internet domain names on behalf of the Customer. This includes querying domain name availability, submitting registration requests, managing DNS configuration, and other services associated with domain name administration.
- Hosting, Webhosting, Web Hosting: This term refers to the services offered by Registros.com to host websites on servers provided by the company. This includes the storage of files, databases, and other resources necessary for websites to be accessible online. Hosting services may also encompass the management of email accounts related to the hosted domain and the provision of resources such as bandwidth and storage capacity.
- Reasonable grounds for suspicion: Reasonable grounds for suspicion exist when Registros.com has objective, documented, and verifiable evidence indicating that the Customer may be involved in fraudulent, illegal, or activities contrary to the Terms and Conditions of this Agreement. Such evidence may include, but is not limited to, third-party reports, records of unusual transactions, and evidence of fraudulent use of payment methods.
- Reasonable grounds: Reasonable grounds are understood to exist where there are circumstances that, in the opinion of a prudent and objective person, would justify the taking of specific measures, such as the suspension or cancellation of an account. These circumstances may include, but are not limited to, the provision of false, inaccurate, or incomplete information by the Customer, failure to respond to a request to verify information, and/or fraudulent use of Registros.com Services.
- TLD (Top-Level Domain), domain extension or extensions. TLDs, also known as extensions, are the last sections of a domain name, such as ".com", ".org", or ".net". Each TLD is regulated by a designated entity that establishes the rules and requirements for the assignment of domain names in that top-level domain.
- Registry (domain registry): Refers to the entity responsible for managing and maintaining a centralized database for domain names of a specific TLD (e.g. .com, .org, .net, .us, .uk, .es, etc.). The Registry is responsible for administering and controlling the allocation of domain names within its corresponding TLD, as well as establishing the policies and regulations relating to those domain names.
1.2 Acceptance of the Terms and Conditions
a. By using the Registros.com website or purchasing any Product or Service offered through Registros.com, the Customer accepts and agrees to comply with all the Terms and Conditions set out in this Agreement, the Policies referenced herein, and any specific Agreements relating to Products and Services applicable in their case. This Agreement constitutes a binding contract between the Customer and Registros.com and takes effect upon the Customer's first use of the website or purchase of any Product or Service.
2. Additional Policies
a. The following Policies and Agreements are incorporated into this Agreement by reference.
- Privacy Policy: This policy governs the collection, use, and disclosure of personal data by Registros.com. It is available at: /en/privacy-policy/
- Domain Registration Agreement: This agreement sets out the specific conditions applicable to the registration and administration of domain names through Registros.com. The Customer must review and accept this agreement when registering a domain. It is available at: /en/domain-registration-agreement/
- Acceptable Use Policy: This policy sets out the rules and guidelines for the proper use of Registros.com Services, including the restrictions and prohibitions relating to the use of resources and the Customer's conduct on the platform. It is available at: /en/acceptable-use-policy/
b. In addition, any other Agreement, Policy, or Regulations mentioned in this Agreement and in the Policies and Agreements mentioned in section 2a will be incorporated by reference and shall apply accordingly.
3. Use of the User Account
3.1 Customer Information
a. The Customer shall provide truthful, accurate, and complete information about their identity when registering as a Registros.com user. Furthermore, the Customer shall periodically review the information provided and guarantees the validity and currency of the data associated with both their Account and the Products and Services purchased. If Registros.com has reasonable grounds to suspect that such information is false, inaccurate, out of date, or incomplete, Registros.com shall have the right to suspend or cancel the Customer's account and reject any current or future use of the Products and Services.
b. The Customer expressly declares that they are of legal age. Registration as a Customer, as well as the purchase and use of our Services, is expressly prohibited for persons under 18 years of age.
3.2 Verification and updating of information
a. Registros.com reserves the right to request verification and/or updating of the information provided by the Customer, who must respond satisfactorily to Registros.com's request within a maximum period of 5 business days. The Customer understands and accepts that failure to comply with this requirement constitutes a breach of this Agreement and may result in the cancellation of the Products and Services purchased and/or the Customer's Account.
3.3 Use of multiple accounts and identity fraud
a. The Customer shall use a single account to access Registros.com services. The creation of duplicate accounts, impersonation of a third party, creation of false identities, or any other fraudulent use of the Account is prohibited and may result in the immediate cancellation of all the Customer's accounts, as well as the taking of legal action. A duplicate account is defined as the creation of more than one Account on Registros.com by the same Customer using different email addresses, usernames, or other identifying information. Duplicate accounts also include accounts created by a Customer using a third party's information without their consent. It is prohibited to create duplicate accounts for the purpose of obtaining undue benefits, carrying out fraudulent activities, or evading restrictions or sanctions imposed on a previously held account.
3.4 Cancellation and deletion of accounts
a. Registros.com reserves the right to temporarily suspend and/or permanently delete the user's Account and all data and information related to it (including, but not exclusively, user messages, files, contacts, images, and others) in the event that:
- Any of the Terms and Conditions of this Agreement are breached.
- A court order or order from a competent governmental authority requiring the cancellation or suspension of the Account is received.
- The Account is used in a manner that could be considered fraudulent, abusive, or contrary to the law.
b. Cancellation procedure:
- Prior notice: Registros.com will notify the Customer at least 5 business days in advance before canceling or suspending their Account, except in cases of fraud, illegal activities, or security threats, in which case cancellation or suspension may be effected immediately without prior notice. The notice will include the reason for the cancellation and the actions the Customer can take to prevent it.
- Opportunity to respond: The Customer will have the opportunity to respond to and correct any violation or problem identified by Registros.com before the cancellation of the Account.
- Appeals process: If the Customer disagrees with the decision to cancel or suspend their Account, they will have the right to submit an appeal to Registros.com within 10 business days of the cancellation notice. However, appeals will not be considered in cases of fraud, illegal activities, or security threats.
c. Notwithstanding the provisions of section 3.4 (b), Registros.com reserves the right to immediately cancel or suspend the Customer's Account and/or any of the Services purchased by the Customer without prior notice in the following circumstances:
- Where there are reasonable grounds to suspect that the Customer is using Registros.com's services to carry out fraudulent activities, including, but not limited to, phishing, distribution of malware, or spam.
- Where there are reasonable grounds to suspect that the Customer is using Registros.com's services to infringe trademark rights, trade names, or any other intellectual property rights of a third party.
- In the event that payment for Registros.com services is made using fraudulent payment methods, including, but not limited to, the use of stolen credit cards, or where there are reasonable grounds to suspect that fraudulent payment methods have been used to purchase Registros.com services.
- In the event that the Customer's use of Registros.com Services may legally compromise or adversely affect the performance of the technical systems of Registros.com, or of its providers, associates, or affiliates.
d. In the cases set out in the previous section, Registros.com reserves the right to take immediate action to protect its interests, the interests of its Customers, Employees, Partners, Suppliers, and/or Agents, or to fulfill its legal or regulatory obligations. The cancellation or suspension of the Account under these circumstances will not give rise to any refund of amounts paid by the Customer, and the Customer will have no right to appeal the cancellation or suspension decision. Registros.com reserves the right to inform the relevant authorities of any fraudulent or illegal activity carried out by the Customer.
3.5 Customer's Liability for Actions of their Agents, Employees, or Authorized Persons
a. The Customer acknowledges and accepts that they will be fully responsible for all actions carried out by their agents, employees, or authorized persons who use their Account or the Products and Services purchased through Registros.com. The Customer agrees to ensure that their agents, employees, or authorized persons use the Account and the Products and Services in accordance with the Terms and Conditions of this Agreement and with applicable laws. Any breach of the Terms and Conditions by the Customer's agents, employees, or authorized persons will be considered a breach by the Customer themselves and may result in the cancellation of the Account and of the Products and Services purchased.
3.6 Prohibited persons (countries, entities, and individuals)
a. The U.S. Department of the Treasury, through the Office of Foreign Assets Control ("OFAC"), prohibits U.S. companies from engaging in all or some commercial activities with certain sanctioned countries as well as certain persons, organizations, or entities, including, among others, certain persons designated as "Specially Designated Nationals" ("SDNs") on the OFAC list. Any user residing in any of the sanctioned countries and/or included on the SDN list is prohibited from registering, subscribing to, or using Registros.com Services.
3.7 Disputes regarding rights over the User Account
a. In the event of a partnership dissolution, divorce, or other legal matter that may affect the Customer, the Customer understands that Registros.com will remain neutral and will decline to take any action that may benefit or harm any of the parties involved until the dispute has been resolved. In no event shall Registros.com be liable for any losses incurred by the Customer during this period. The Customer agrees to defend (through an attorney of our choice), indemnify, and hold Registros.com harmless from all claims arising from such disputes.
4. Purchase of Products and Services
a. Registros.com acts as a reseller of a number of services provided by third parties (hereinafter, the "Providers"). The Customer accepts and understands that by purchasing Services through Registros.com, they will be subject not only to the Terms and Conditions of Registros.com, but also to the terms and conditions of the corresponding Providers. These Provider terms and conditions may include additional restrictions, limitations, and requirements that may affect the availability and functionality of the Services purchased. The Customer agrees to comply with such Provider terms and conditions, and acknowledges that any breach thereof may result in the suspension or cancellation of services. The list of Providers and links to their terms and conditions will be provided in a specific section of this Agreement.
4.1 Purchase and Activation Process
a. The Customer may request the desired Service by selecting the desired domain and/or plan and making the corresponding payment. Such payment does not guarantee the purchase of the Service, which is subject to compliance with the service provision conditions set out in this Agreement, as well as any applicable regulations or legislation.
b. Once the order has been approved by Registros.com, the Customer will receive the information necessary to manage the Service. In addition, they will be able to access the corresponding Service through their User Account. In the case of domain names and SSL certificates, activation of the Service will take effect once it has been approved by the relevant authority (Registry or Certification Authority).
c. The Customer understands and accepts that purchased Services may take up to 48 hours to become fully active due to the propagation of DNS information associated with the domain. Additionally, the Customer understands and accepts that activation timescales for some domain extensions (such as .ar, .br, .pa, etc.) may be longer due to the registration request processing procedures of the relevant Provider and/or Registry.
d. In the case of Webhosting and Professional Email services linked to a domain registered with another provider, Registros.com will provide the DNS information necessary to link the domain to the purchased Service. The Customer assumes full responsibility in such cases for configuring their domain in accordance with the information provided by Registros.com.
e. In the event that a Service requires a domain name to be linked to it in order to be operational, by purchasing the Service, the Customer guarantees that they are in possession of the administrative rights and/or ownership of the domain.
4.2 Description of Products and Services
4.2.1 Domain registration
Registros.com provides domain registration, transfer, and renewal Services. The essential characteristics and conditions of this Service are described below. The complete conditions of the Domain Registration Service are available to the Customer through the Domain Registration Agreement.
a. Availability Query: Customers can check the availability of a domain using the search forms on our website. If a domain appears as available, the Customer may proceed with the registration request.
b. Registration Request: Registros.com will proceed to submit the registration request through the relevant Registry and/or Provider once it has received the corresponding payment for this Service. The Customer understands that the order and payment confirmation by Registros.com in no way guarantees the successful registration of the requested domain, but simply the processing of the registration request. In the event that the domain is found to be unavailable for registration due to a technical error or any other reason, Registros.com will contact the Customer directly and proceed to refund the amount paid in accordance with the provisions of section 4.5 ("Refunds"). Some causes that could prevent the registration of the requested domain may include, without limitation:
- The domain becomes unavailable between the time of payment and the processing of the request (e.g. due to simultaneous or consecutive requests through another company).
- The Customer does not meet the specific requirements established by the relevant Registry.
- Connection issues with the WHOIS databases or with the relevant Registry's database and/or incorrect information from the domain availability service provider used by Registros.com.
- An already-registered domain is erroneously shown as available due to a technical issue of any other nature.
c. Management of the Registered Domain: Once the registration has been approved and processed, Customers can manage their domain through their Registros.com account. The Customer understands that once the domain registration request has been approved, no refund will be possible as processing costs will have been incurred.
d. Term and Renewal: Domain registration will be valid for the period specified in the registration process. In the event that the Registry does not allow the domain to be extended for the requested renewal period, Registros.com will proceed to renew it successively until the end of the period contracted by the customer.
The Customer understands that, for certain extensions (e.g. .ar, .br, etc.), the Renewal Date may be prior to the expiry date. The Customer further understands that the period between these two dates (renewal and expiry) is intended to ensure the correct processing of the domain renewal within the registration period. Consequently, Registros.com does not guarantee renewal of the domain once the Renewal Date has passed. In cases where the Customer requests domain renewal after the domain's Renewal Date has passed, Registros.com will inform them as to whether there is a possibility of recovering the domain through a special recovery process (hereinafter "Recovery Process" or "Restore") and will communicate the conditions of that process.
e. Domain Expiry: Once the domain's Renewal Date has passed, Registros.com disclaims any guarantee that the domain can be renewed and/or reallocated. For some extensions, a grace period and/or redemption period may exist following the expiry of a domain. In some cases, it may be possible to recover a domain that is in the grace or redemption period through a Recovery Process. The viability of this option will be subject to the specifications established by the relevant Registry, as well as the conditions of our Providers. If the Customer wishes to renew a domain after its Renewal Date has passed and recovery is possible, we will communicate the conditions of the Recovery Process.
4.2.2 Webhosting
a. Registros.com offers Webhosting services (hereinafter "Hosting", "Webhosting", "Web Hosting") through various plans with different characteristics according to the Customer's needs. The specific details and conditions of each plan can be found on the /hosting page.
4.2.2.1 Support and Satisfaction Guarantee
a. Registros.com strives to offer its customers high standards of service. In the event of an issue, the Customer can contact the support team through the Registros.com user area. Registros.com will respond within a maximum of 48 hours, depending on the type of issue.
b. Registros.com offers a 180-day satisfaction guarantee from the date of purchase of Hosting services. During this period, the Customer may request cancellation of the Service and a refund of the amount paid, without the need to state a reason for such cancellation. In the event that the Hosting plan purchased includes the registration of a domain name (promotional free registration), the amount paid by the customer for the Hosting service will be refunded, deducting the cost of domain registration according to the price list set out in the section "Domain price list". After 180 days from the initial purchase date, the Customer will lose any right to a refund.
4.2.2.2 Webhosting Service Features
a. Registros.com will allocate to the Customer's Webhosting account the resources corresponding to the contracted plan. The monthly bandwidth corresponding to the purchased Service will not be carried over to the following period.
b. In the event of exceeding the allocated bandwidth, Registros.com may suspend the Customer's account until the next period or offer the Customer the option to purchase additional bandwidth by upgrading their account.
c. All Webhosting plans include an Email Hosting service that allows the Customer to create or delete email accounts, manage passwords, set mailbox storage quotas, or configure other server-specific settings.
d. Email Hosting services are subject to certain storage limitations, such that Registros.com reserves the right to automatically delete all messages from the trash or deleted messages folder of the Customer's email accounts when those messages are more than thirty (30) days old in order to help manage storage limits. Similarly, Registros.com may also delete email from the spam or junk mail folder that is more than thirty (30) days old to help manage storage limits.
e. Our email hosting services do not guarantee the delivery of incoming and outgoing emails, as there are a large number of factors outside the influence of Registros.com that can affect email deliverability. These include, but are not limited to, spam filters, availability of various networks, blacklists, and/or specific policies of the incoming or outgoing server. It is the Customer's responsibility to take the necessary measures to ensure that messages sent by them through our servers comply with sending policies so that they cannot be classified as spam.
4.2.2.3 Acceptable Use of the Webhosting Service
a. Illegal or fraudulent activities are prohibited, such as phishing, spamming, hosting and/or distributing malware, or any activity that may cause harm to Registros.com, its employees, providers, partners, and Customers.
b. Use of the service to promote violence, hatred, discrimination, or violations of human honor and dignity is prohibited.
c. Sending bulk or unsolicited emails (SPAM) is prohibited. Email mailings sent to lists of more than 200 recipients will be considered SPAM and may result in the suspension of the email service. Additionally, the email service may also be suspended for mailings to fewer than 200 recipients if our systems determine that they constitute unsolicited mail, SPAM, or if the mailing gives rise to complaints from external users or puts our network at risk.
d. The unlimited features of hosting plans are intended for hosting websites and email accounts. Responsible use of these resources is expected, respecting this Agreement, the Acceptable Use Policy, and any other applicable Agreement, avoiding activities or uses that could lead to service degradation and/or compromise the security and stability of the services offered by Registros.com.
e. The Customer understands and agrees that Registros.com may remove from its servers, at its sole discretion, any material, content, or software that is not permitted or that could compromise the Services.
f. By using Registros.com's Webhosting Services, the Customer undertakes not to impose an excessive load on CPUs, our servers, or other associated resources, including our customer service. Examples of activities that generate excessive load may include, without limitation:
- Excessive server resource consumption: The use of a large amount of server resources, such as CPU and memory, by a site with high traffic and/or programming defects may be considered excessive load (e.g. a website contains poorly optimized scripts that consume many resources).
- DDoS attacks: Attempting to launch a distributed denial-of-service (DDoS) attack from a web hosting server may generate excessive load on the systems.
- Bulk email sending: Sending bulk emails can consume a large amount of resources and put the reputation of our network at risk.
- Intensive database use: Processing a large number of database queries in a short period of time.
- Use of resources for activities unrelated to the website: Using the server for activities unrelated to hosting a website, such as storing large multimedia files.
- Malicious scripts or malware: The presence of malicious scripts or malware on a website may cause intensive resource usage and be harmful to the server and other users, and is strictly prohibited.
g. The Customer understands that bandwidth and other similar capacity metrics are maximum figures. Constant use of these maximum values may result in the imposition, at Registros.com's sole discretion, of restrictions on the use of the Services, including suspension or cancellation of the Service or reduction of the available bandwidth. The Customer agrees to the imposition of restrictions on their use of the Services or customer service to the extent that their usage exceeds that of customers in a similar situation.
h. Webhosting accounts may use a maximum of six hundred thousand (600,000) inodes and thirty-five (35) simultaneous HTTP connections to the server.
i. Backups must be downloaded and deleted after their creation.
4.2.2.4 Restrictions on Unlimited Features
a. Unlimited data transfer: Excludes streaming, file and image sharing, storage and/or transmission of data and/or files unrelated to the website, chat channels, and illegal activities.
b. Unlimited databases: Must not negatively impact server performance (more than 300 tables or 2 GB in size).
c. Unlimited email accounts: Under no circumstances is it permitted to use this feature to resell/give away email services, to use email as a file exchange medium (beyond the reasonable sending of attachments of a maximum of 5 MB), or to carry out fraudulent, illegal activities, or activities for which there are reasonable grounds to suspect involve illegality or fraud. Additionally, the email service included with our Webhosting service excludes its use for sending and storing emails with large attachments (exceeding 5 MB).
In the case of hosting plans with unlimited disk space, the maximum disk space available per email account will be 2 GB.
d. Unlimited disk space: Hosting plans with unlimited disk space usage must be used exclusively for web hosting and email storage. The Service excludes the use of the service for the following purposes:
- Storage of private files and/or data unrelated to the website.
- Storage of large files, including, without limitation, images and image galleries.
- Storage of backups.
- File sharing and hosting services and/or private FTP.
- Storage of multimedia content.
Registros.com reserves the right to suspend, cancel, or delete any Hosting Service that fails to comply with the conditions set out or that puts the quality, availability, stability, or security of its Services at risk.
Furthermore, Registros.com reserves the right to delete without notice any material or file that may be occupying space in the Customer's account including, without limitation, (i) backups of any kind stored on the server, (ii) error logs, (iii) activity logs, and (iv) any other large file that may be considered unnecessary for the operation of the Customer's website or that does not contain information of value.
4.2.2.5 Backup service limitations
All Hosting plans offered by Registros.com include a backup service that allows the Hosting account to be restored in the event of an error or accidental deletion.
a. The Customer understands that the backup service is provided as an additional, complimentary feature, and that it is their sole responsibility to maintain backups of the data stored in their Hosting account. Registros.com accepts no responsibility in the event of data loss or errors in the use of the backup service.
b. The creation of backups will be limited by the existing technical resources (e.g. storage space) and does not include accounts, files, or databases that, due to their size or structure, cannot be backed up. Backups stored by Registros.com are limited to a maximum aggregate size of 50 GB. In the event that the Hosting account exceeds 50 GB of disk usage, the account will not be backed up.
c. Registros.com disclaims any responsibility in the event of user data loss due to a catastrophe or force majeure.
4.2.2.6 Storage of data from expired accounts
a. The Customer understands that the validity period of the Service is limited exclusively to the contracted period paid for in the corresponding invoice.
b. The Customer further understands that, once the contracted period has expired or due to non-payment or cancellation of the service, whether by the Customer or by Registros.com in the cases specified for this purpose, Registros.com has no obligation whatsoever to keep the Service active, nor to preserve or maintain any data or information stored by the Customer through it. Both non-payment and cancellation may result in the termination of the Service and the complete deletion of data stored therein.
c. Following the expiry of the Service due to its term ending, Registros.com will store the associated Hosting account data for an additional period of 30 days. During this period, the Customer may reactivate the Service and recover their data by paying the corresponding invoice. Subsequently, once the additional 30-day period following Service expiry has elapsed, Registros.com will proceed to completely delete all data stored through the Hosting account.
d. In cases where the Customer requests immediate cancellation of the Service, as well as in cases where the Service has been cancelled due to, without limitation, payment reversal, charge-back, fraud, suspected fraud, or any other use that contravenes this Agreement, data will be deleted within a maximum of 24 hours of the cancellation request being processed, in order to preserve the security and integrity of the services.
e. The Customer understands that, once the data associated with the expired or cancelled Hosting account has been deleted, Registros.com will have no backup and is completely unable to recover such data. Therefore, Registros.com disclaims any liability for the loss thereof.
4.2.3 SSL Certificates
Registros.com offers SSL certificate services to encrypt communications transmitted between users and web servers. Specific details and conditions for each type of certificate can be found at /clients/store/certificados-ssl.
4.2.3.1 Support and Guarantee
a. Registros.com provides technical support for the purchase and validation of SSL certificates. In the event of an issue, the Customer can contact the support team through the User Account. Registros.com will respond within a maximum of 48 hours, depending on the type of issue.
b. Registros.com offers a 30-day refund guarantee from the date of purchase for SSL certificate Services. During this period, the customer may request cancellation of the service and a refund of the amount paid, provided the certificate has not been validated and issued. Once the certificate has been validated and issued, no refund will be possible.
4.2.3.2 Acceptable Use of SSL Certificate Services
a. The customer must use the SSL certificate exclusively for the domain and purpose specified in the certificate request and validation.
b. The customer must not use the SSL certificate for fraudulent, misleading, or illegal activities.
c. The customer is responsible for maintaining the confidentiality of the private key associated with the SSL certificate and must not share it with unauthorized third parties.
d. The Customer must not use the SSL certificate to perform operations that exceed the limits established by the type of certificate purchased.
e. The Customer must not use the SSL certificate to authenticate other domains or subdomains not specified in the certificate.
f. Registros.com reserves the right to revoke any SSL certificate that fails to comply with the conditions established or that is used for activities that put the security of users or the integrity of Registros.com's infrastructure at risk.
g. Additionally, the Customer agrees to comply with the remaining prohibitions, limitations, and conditions described in the Acceptable Use Policy.
4.2.4 Professional Email Service
Registros.com offers a professional email service and cloud productivity tools based on OX App Suite. This Service includes proactive protection systems against spam, viruses, and malware. Specific details and conditions for each Professional Email plan offered can be found at /clients/store/email-profesional.
4.2.4.1 Use and Limitations of the Professional Email Service
a. The Customer acknowledges and accepts that Registros.com may establish general practices and limits with respect to the use of the Service, including, among others, the maximum retention period for email messages and other documents and data stored through the Service, the conditions for sending and receiving messages, and the maximum size permitted for email messages and/or attachments that may be sent and received through the Service.
b. Registros.com disclaims all liability for the loss of messages, files, or other information received, transmitted, or stored through the Service due to their deletion by the Customer and/or errors in storage systems. The Customer will be solely responsible for maintaining a backup of their messages, files, or other information received or stored through the Service to prevent accidental loss.
c. Registros.com establishes a limit for the resources allocated to each email account created through the Professional Email Service (including, among others, email and file storage) in accordance with the contracted subscription plan. Registros.com may reduce this limit at its sole discretion if there are reasonable grounds to suspect abuse and/or fraudulent use of the Service as specified in our Acceptable Use Policy. Likewise, Registros.com may fully or partially suspend the sending and/or receiving of messages as well as the storage and/or retrieval of files through the Service if there are reasonable grounds to suspect fraudulent or abusive use of the Service by the Customer.
4.2.4.2 Storage and Security
a. The Customer assumes complete responsibility for maintaining the confidentiality and security of the access credentials to their Professional Email account(s) (including, among others, their username/customer name, password, etc.). The Customer acknowledges and accepts that they are solely responsible for all acts, omissions, and uses incurred through their email account, as well as for any content stored and/or transmitted through their Professional Email account. The Customer shall be solely responsible for taking measures to: (i) prevent any loss or damage to their content; (ii) ensure the security, confidentiality, and integrity of the content of messages and files stored and/or transmitted through the Professional Email Service; and (iii) ensure the confidentiality of their password.
4.2.4.3 Content
a. The Customer understands that all information, data, text, software, music, sound, photographs, graphics, video, messages, tags, or other materials ("Content"), posted or transmitted both publicly and privately to or by the Customer through the Professional Email Service, are the sole responsibility of the person who originated or transmitted such Content. Accordingly, Registros.com disclaims any responsibility for any type of content transmitted, received, or stored through the Service. The Customer understands that by using the Services, they may be exposed to content that is offensive, indecent, or objectionable. In no event shall Registros.com be responsible in any way for any content, including, but not limited to, errors or omissions in any content, or loss or damage of any kind incurred as a result of the use of any content uploaded, emailed, transmitted, or made available through the Services. Any valid complaint about inappropriate content will be handled in accordance with the provisions of our Acceptable Use Policy.
b. Registros.com disclaims any responsibility for monitoring and/or controlling the content stored and/or transmitted through the Service. Accordingly, Registros.com will not under any circumstances be held responsible for the accuracy, integrity, or quality of such content.
4.2.4.4 Backups
a. The Professional Email Service performs backups of all existing accounts. This information is stored for 14 days, exclusively for internal purposes and/or for restoring the Service in the event of a technical failure. No warranties of any kind, whether express or implied, are made with respect to the integrity of these backups. It is the Customer's sole responsibility to maintain local copies of their account content.
b. In the event of an error in the Service, Registros.com will attempt to recover the data at no charge. In cases where data loss occurs due to the Customer's negligence, Registros.com may choose to charge a fee for data recovery, the cost of which will be communicated to the Customer prior to its execution.
4.2.4.5 Storage of data from expired accounts
a. The Customer understands that the validity period of the Service is limited exclusively to the contracted period paid for in the corresponding invoice.
b. The Customer further understands that, once the contracted period has expired or due to non-payment or cancellation of the Service, whether by the Customer or by Registros.com in the cases specified for this purpose, Registros.com has no obligation whatsoever to keep the Service active, nor to preserve or maintain any data or information stored by the Customer through it.
c. Following the expiry of the Service due to its term ending, Registros.com will store the associated Professional Email account(s) data for an additional period of 14 days, after which it will proceed to completely delete all data stored through the Professional Email Service.
d. In cases where the Customer requests immediate cancellation of the Service, as well as in cases of Service cancellation due to payment reversal, charge-back, fraud, suspected fraud, or any other use that contravenes this Agreement, data will be deleted within a maximum of 24 hours of the cancellation request being processed.
e. The Customer understands that, once the data associated with the expired or cancelled Professional Email account(s) has been deleted, Registros.com is completely unable to recover such data and therefore disclaims any liability for the loss thereof.
4.3 Prices and payments
a. The fees for Registros.com Services are published on the Registros.com website or in the User Account. All Service fees will be subject to the Registros.com price list in force at the time, the amounts of which are incorporated into this Agreement by reference. Service fees will be listed in the section corresponding to the Service within the Registros.com website.
b. All fees and charges corresponding to the renewal and/or purchase of a Registros.com Service will be displayed during the order process. By placing the order, the Customer expressly agrees to the payment of such fees and charges, which will be effected immediately upon placing the order. Registros.com will notify the successful receipt of payment by means of a payment confirmation.
c. Registros.com accepts only the following payment methods: credit cards, debit cards, and PayPal.
d. The validity of the fees displayed during the order process will not apply to the renewal of domain names for which the Renewal Date has been exceeded. In such cases and in the event that processing costs are higher than those estimated during the order process, Registros.com will contact the Customer and offer them the option of paying the additional cost or canceling their order and obtaining a refund.
e. The Customer understands that some domain names may be classified as "Premium" by the corresponding Registry (.club, .casa, etc.) and that, for these domains, the registration fee may be significantly higher than the registration, transfer, or renewal price published by Registros.com. In the event that the Customer requests a domain classified as "Premium", Registros.com will inform the Customer of the cost of the requested domain and request the Customer's confirmation before processing the order.
f. The Customer understands that renewal fees for any Service purchased through Registros.com will be calculated based on the price set for the corresponding Service on the date on which the Customer submits the Service renewal request, regardless of the amount originally paid for the purchase of the Service.
g. Registros.com has the right to modify the applicable fees at any time without prior notice. In the event that a price change affects the renewal of Services already purchased by the Customer, Registros.com will inform them accordingly with a minimum notice period of 14 days.
h. The Customer understands and accepts that requested Services will only be processed and activated once payment has been correctly received.
i. In the event of payment reversal or charge-back, fraud, or reasonable grounds for suspicion of fraud on the part of the Customer, Registros.com reserves the right to immediately terminate any and/or all Services purchased by the Customer and to cancel their User Account, with the Customer immediately losing any rights over all purchased Services, including ownership of domain names registered through their account.
j. In the event that the Customer, their bank, or their payment provider has inadvertently or erroneously initiated the reversal or charge-back of a payment, Registros.com may offer, where possible, the option to restore the Service upon payment of the outstanding amount to which a charge of $35 USD will be added in respect of administrative costs.
k. Prices and fees applied are non-refundable unless expressly stated otherwise in the specific conditions of the contracted Service, even if the Service(s) are suspended, terminated, or transferred before the end of the contracted Service period.
4.3.1 Currencies
a. All prices and fees for Services offered by Registros.com will be expressed in United States dollars (USD). Prices reflected in other currencies will be set based on an estimate of the exchange rates in force at the time.
b. The Customer understands and accepts that purchase and/or renewal prices expressed in any currency other than USD may vary based on fluctuations in the exchange rate of the respective currency against the United States dollar (USD).
c. Registros.com also reserves the right, if it sees fit, to set the prices of any of the permitted currencies in its system independently of the current exchange rate of that currency against the United States dollar (USD).
4.4 Renewals and cancellations
4.4.1 Service Renewal
a. The initial contracted and validity period of any Service purchased by the Customer will be that established during the order process and reflected in the corresponding invoice issued by Registros.com.
b. Once the contracted period has concluded, and in the absence of a Cancellation request by the Customer as set out in the "Service Cancellation" section, the Service will be automatically renewed for a period equivalent to the last contracted period in order to avoid undesired Service interruption. To this end, Registros.com will send the invoice corresponding to the Service renewal to the email address listed in the User Account 30 days before the Service expiry date. Subsequently, the corresponding amount will be charged to the payment method on the User Account 15 days before the Service expiry date. Registros.com reserves the right to determine whether to make a second payment attempt in the event of failure or error in the corresponding payment method.
c. Automatic Service renewal will not apply to domain names purchased by the Customer for which the "Auto-renewal" option has been disabled, as specified in the Domain Registration Agreement, and the Customer will be responsible for initiating and requesting Service renewal before reaching the Renewal Date of the relevant domain name(s). If desired, the Customer may enable "Auto-renewal" for their domains through the domain control panel within their Registros.com User Account.
d. The Customer will be responsible for keeping up to date and current the payment method information associated with their Account and also for ensuring the validity and availability of funds therein. The Customer understands and accepts that Registros.com will only process the renewal of their Services once the corresponding payment has been received.
e. Registros.com disclaims any responsibility for the deactivation and/or non-renewal of the Customer's Service due to the Customer's failure to comply with the clauses set out in this section or any other cause set out in this Agreement and its associated Agreements. The Customer assumes complete responsibility for keeping up to date with the renewal dates of their purchased Services and making payments on time.
4.4.2 Service Cancellation
a. The Customer has at all times the option to cancel their Services (with the exception of domain names) through the form found in the "Request cancellation" section within the control panel of the corresponding Service in their Registros.com User Account. Alternatively, the Customer may request Service cancellation by submitting a query to Registros.com Customer Support through their User Account. In all cases, Registros.com reserves the right to verify the Customer's identity before processing the cancellation request.
b. The Customer has the option to request Service cancellation after the expiry of the current contracted period or with immediate effect.
c. In the event of cancellation by the Customer, the Customer understands and accepts that the corresponding Service will be cancelled and all data stored therein deleted within a maximum of 24 hours after the Cancellation request takes effect.
d. In the case of domain names purchased by the Customer, the Customer must request cancellation of the corresponding Service by submitting a query to Registros.com Customer Support through their User Account. Alternatively, the Customer may cancel the Service upon conclusion of the current contracted period by verifying that the "Auto-renewal" option is disabled for the domain they wish to cancel. In such case, all domains for which the Customer has not enabled the "Auto-renewal" option will be automatically cancelled upon reaching the Renewal Date and deleted in accordance with the provisions of ICANN or the relevant Registry as set out in the "Domain Registration Agreement".
e. Registros.com reserves at all times the possibility of canceling any Customer Service in the event of non-payment, payment cancellation or reversal, fraud, or reasonable grounds to suspect fraud, or any other breach of this Agreement and any associated Agreements and Conditions.
f. Cancellation of a Service will not in any case entitle the Customer to a refund of the amount paid for it unless otherwise stated in the specific conditions of the Service.
g. In the event of termination of this Agreement caused by the Customer's breach, the Customer agrees to bear all costs arising from the termination, including reasonable costs that Registros.com may incur in closing their Account and canceling their Services.
4.4.3 Abuse
a. The Customer undertakes not to use Registros.com Services for purposes that conflict with this Agreement, the regulations of the relevant Providers, as well as the regulations of ICANN, the Registries, or any applicable national or international legislation.
b. Registros.com has the right to take any reasonable measures aimed at safeguarding and ensuring the proper functioning and security of its systems and/or Services and those of its Providers. In particular, Registros.com may limit, suspend, and/or cancel at its discretion any Service or Customer Account engaged in practices that could compromise the stability of Registros.com's Services and systems and those of its Providers including, without limitation, excessive numbers of connections and/or requests to its systems and Services, inadequate security measures, infringement of third-party intellectual property rights, bulk email sending, the presence of malicious software of any kind (viruses, trojans, malware, etc.) or other fraudulent activities (phishing, etc.).
c. The purchase and/or use of Services that facilitate or carry out the following practices constitutes a breach of this Agreement and may result in the cancellation of the Customer Account engaging in them and all Services associated with it:
- Operating or distributing a botnet, participating in and/or facilitating phishing activities, spreading viruses, malware, or similar.
- Hosting or distributing illegal content or content for which there are reasonable grounds to suspect illegality, including references to such content.
- Offering, selling, or advertising products and services that contravene applicable laws and regulations including, without limitation, weapons and pharmaceutical products.
- Intentionally infringing the intellectual property rights of a third party, including, without limitation, a personal name, trade name, or trademark.
- Hosting, distributing, and/or publishing pornographic content of any kind.
d. If the Customer discovers that their Service(s) are being used to carry out or facilitate the activities set out in the previous section, they shall use commercially reasonable efforts to resolve the issue as quickly as possible.
e. Registros.com will forward to the Customer any complaint it receives in relation to the Products and/or Services purchased by the Customer. The Customer must respond to the complaint within a maximum of 5 (five) business days by email with a copy to abuse [@] registros.com. If no response is processed within the indicated period, and if there are reasonable grounds to verify the legitimacy of the complaint, Registros.com reserves the right to take such action as it deems appropriate to resolve the complaint.
f. Registros.com further reserves the right to pass on to the Customer the costs generated by the processing, review, and/or resolution of complaints arising from the use and/or purchase of Services in their Account.
4.5 Refunds
a. For some of its Services, Registros.com offers a Satisfaction Guarantee period. During this period, the Customer has the option to cancel the Service and request a refund of the amount paid for it. The refund periods for the different Services are as follows:
- (i) Domain registration, transfer, renewal, or recovery: non-refundable.
- (ii) Hosting Services: 180 days from the initial Service purchase date.
- (iii) Professional Email and SSL Certificates: 30 days from the Service purchase date.
b. The refund request must be processed separately from the Service cancellation request by sending a message to our Customer Support Service, either by creating a support ticket from the User Account or by sending an email to info [@] registros.com.
c. In the case of Hosting services, if the contracted Hosting includes the registration of a domain name (promotional free registration), the amount paid by the customer for the Hosting service will be refunded, deducting the cost of domain registration according to the price list set out in the section "Domain price list". After 6 months from the initial purchase date, the Customer will lose any right to a refund.
d. Hosting Service renewals may be refundable, at Registros.com's sole discretion, if the Customer cancels the service and contacts Customer Support within forty-eight (48) hours following the renewal. Once this period has elapsed, it will be entirely at Registros.com's discretion whether to grant a full or partial refund for the cancelled Service.
e. The Customer understands that the processing of domain registration, renewal, transfer, or restore services requires the payment of the corresponding fees and, consequently, accepts that payments made for such services are non-refundable under any circumstances including, without limitation: typing errors when processing a domain order, cancellation of the domain due to breach of this Agreement, cancellation or transfer of the domain to a third party as a result of a dispute, and/or transfer of the domain by the Customer to another provider.
f. Notwithstanding the above, Registros.com will refund any payment corresponding to a domain registration request that cannot be processed in accordance with the provisions of section 4.2.1 (b) and the Domain Registration Agreement.
g. Refunds will be issued within a maximum of 31 days from the date of the request.
h. The Customer will not be entitled to any refund in the event of cancellation of their Account and/or Services as a consequence of their breach of the Conditions established in this Agreement and the Policies and Agreements referenced therein.
i. Registros.com reserves the right to void and refund any payment where there are reasonable grounds to suspect that it may have been made using fraudulent payment methods. In such cases, Registros.com will proceed to cancel the corresponding order and will be exempt from providing the requested service.
4.6 List of providers and applicable Terms and Conditions
a. The Customer understands and agrees that Registros.com is itself subject to the Terms and Conditions of its Providers and other entities responsible for administering and/or regulating the conditions of the Services offered through their systems. Accordingly, the Customer accepts all Agreements and Service Conditions associated with the purchase and/or use of such Services.
b. The Customer expressly accepts, without limitation, the following Agreements and Terms and Conditions applicable to their Service:
Hosting Services
- A2 Hosting, Inc.: https://www.a2hosting.com/policies/
Domain Registration Services
- Openprovider (Hosting Concepts B.V): https://www.openprovider.com/es/legal/terminos-y-condiciones-generales-de-openprovider
- Key-Systems GmbH: https://www.centralnicreseller.com/en/terms-conditions
- Netim: https://www.netim.com/en/documents
Professional Email Service and SSL Certificates
- WHMCS, LLC: https://www.whmcs.com/terms-of-service/
c. In the event of conflict between this Agreement and the Agreements and Terms and Conditions of the Providers specified in section 4.6 (b), this Agreement shall prevail.
5. Service Availability
a. Registros.com shall use commercially reasonable efforts to ensure uninterrupted access to its systems, Services, and any data stored through them. This includes implementing reasonable security measures, as well as generating backups and using redundant systems in its infrastructure. However, the Customer acknowledges the impossibility for Registros.com to fully guarantee the availability of its systems and Services and accepts the possibility that the availability of the Registros.com website, the User Account, and the Services linked to it may be wholly or partially interrupted. Consequently, Registros.com disclaims any liability for damages arising from such interruptions including, without limitation, loss of revenue by the Customer. In cases of Service interruption exceeding 6 hours, Registros.com may, at its sole discretion, offer a partial refund of the last payment made by the Customer for said Service proportional to the period of interruption. The refund will be calculated by estimating the percentage of the Service interruption period relative to the total contracted period specified in the last invoice and applying that percentage to the amount paid in that invoice.
b. Registros.com shall use commercially reasonable efforts to keep its web server and any software used by the website and/or the Customer's Services up to date. However, Registros.com has the right not to install any update or patch that could be harmful to the Service.
c. Registros.com depends on its Providers to ensure the continuity and stability of the Service. Consequently, Registros.com will make all reasonable efforts to guarantee the quality and availability of the Service in coordination with those Providers.
6. Content
a. Registros.com disclaims any obligation to review or monitor any type of content received, referenced, transmitted, or stored by the Customer through the contracted Services. The Customer expressly declares that (i) they hold the necessary rights to distribute/publish and/or store any Content through the Registros.com website or any of its Services, and (ii) such Content does not infringe the rights of a third party, and (iii) does not violate any applicable laws and regulations.
b. The Customer declares to be fully responsible for the content published, referenced, transmitted, or stored by the Customer through the contracted Services. Registros.com disclaims any liability for the same. The Customer agrees to defend (through an attorney of Registros.com's choice), indemnify, and hold Registros.com harmless from all claims originating from content hosted through the contracted Services.
c. The Customer declares to hold the necessary rights to distribute, publish, or store any content and guarantees that such content does not infringe the rights of third parties or any applicable laws and regulations.
d. Registros.com reserves the right to use the content of reviews and ratings from our Customers published through the "Trustpilot" website for promotional purposes. The Customer expressly accepts the publication and/or use by Registros.com of their reviews and/or ratings relating to the Services offered by Registros.com as well as their personal data under the conditions set out in our Privacy Policy. The Customer may at all times request the withdrawal and/or deletion of their reviews and/or ratings published through Registros.com by sending a message to legal [@] registros.com.
7. Security
a. The Customer understands and accepts that they are solely responsible for maintaining the confidentiality of the access credentials to their Registros.com User Account or the contracted Services (including their username and password) and any other critical information associated with their Account (such as credit card details, etc.).
b. Registros.com will decline any request to change passwords that is not accompanied by written authorization from the Customer, together with an identification document submitted for the purpose of verifying the Customer's identity.
c. Likewise, the Customer agrees to implement the security practices suggested by Registros.com in the Privacy Policy or other channels. In order to ensure the security of their Account and the contracted Services (including, without limitation, Hosting and email accounts), the Customer agrees to store their user data in a secure location and to take the appropriate measures to prevent unauthorized access by a third party.
d. The Customer also understands and accepts full responsibility for the activities carried out through their Account and/or the Services linked to it, and agrees to immediately notify Registros.com in the event of detecting any unauthorized activity in their account or any other security breach.
e. Registros.com disclaims any liability for any loss the Customer may suffer as a result of third-party access to their user account, whether with or without their authorization.
f. It is the Customer's obligation to ensure that all software and/or code hosted in their account is secure, has been correctly configured, and does not contain malicious software of any kind. Registros.com disclaims any liability for any damage caused to either the Customer or a third party resulting from a breach of this obligation. The Customer agrees to defend (through an attorney of our choice), indemnify, and hold Registros.com harmless from all claims arising from the software or code hosted through the Services contracted by the Customer.
g. The Customer agrees to grant Registros.com permission to access their account or the content and files stored in their Account and/or Services in order to resolve any technical incident and/or to confirm compliance with the conditions established in this Agreement. Additionally, Registros.com will periodically monitor the Customer's Services through automated scans in order to ensure their security and reserves the right to change permissions, modify, and/or quarantine any file that contains malicious code or whose purpose is fraudulent.
8. Notices
a. The Customer understands and accepts that all Notices relating to this Agreement (except for notices concerning the breach and/or cancellation of the Agreement, which may be sent to the Customer by email or post) may be published on the Registros.com website or sent by email to the email address specified by the Customer in their User Account. The Customer understands and accepts that it is their responsibility to regularly review the notifications published on the Registros.com website or sent by email.
b. It is the Customer's obligation to ensure the currency and proper functioning of the email address in their User Account. It is also the Customer's obligation to ensure that notifications are correctly delivered to their email server and/or service, taking the necessary steps to prevent the delivery of notifications by Registros.com from being blocked and/or classified as spam. The non-receipt of a notice and/or notification due to non-compliance with this clause will not in any case exempt the Customer from the obligations arising from such notification, nor will it constitute a breach by Registros.com of the obligation to notify the Customer in the circumstances where such obligation applies. The Customer acknowledges that Registros.com shall not be liable for any consequences arising from the failure to receive notifications due to problems with the email address provided by the Customer or the Customer's email server configuration.
9. Customer Support
a. Registros.com provides its Customers with assistance at no additional charge for questions and problems related exclusively to the contracted Services. Registros.com has the right to decide which questions and/or problems are related to the Service and reserves the right to refuse assistance or to charge additional fees for queries and problems unrelated to the Service.
b. Registros.com offers assistance exclusively through our Ticket system available through the "Submit Query" and "My Queries" sections within the User Account. This system allows us to properly review, prioritise, and investigate the queries and/or incidents received and, in this way, resolve such queries and/or incidents as quickly and effectively as possible according to their importance. Registros.com reserves the exclusive right to establish the degree of importance of each query and/or incident based on the impact on the functioning and/or availability of the associated Service and to prioritise accordingly.
c. Registros.com will not issue refunds for tasks or assistance carried out by its employees resulting from queries unrelated to the Customer's Services.
d. Registros.com reserves the right to verify the identity of the Customer if it considers that the processing of the assistance request could compromise the functioning or security of the Customer's Account and/or their related Services.
e. The Customer acknowledges and accepts that Registros.com will only be able to provide the assistance requested in their query if the Customer agrees to make available to Registros.com all data and information necessary to properly evaluate and/or review the Customer's query.
f. The Customer agrees to have and/or create a backup of all their data, files, messages, Hosting accounts, and any other content before requesting assistance. Likewise, the Customer accepts any intervention or operation by Registros.com aimed at resolving the Customer's query. Registros.com accepts no responsibility for any data loss or corruption, including, without limitation, those resulting from actions taken by Registros.com to resolve the Customer's assistance request, hardware failures, software failures, or any other technological failure.
g. Registros.com is fully aware that incidents and/or errors in the Service can be frustrating for the Customer. For this reason, Registros.com strives to provide fast, effective, and courteous assistance, and it is part of our culture to communicate at all times with respect and professionalism. Equally, in order to preserve the dignity of our employees, we require our Customers to conduct all communications at all times with due respect. Registros.com reserves the right to refuse assistance, cancel orders, and/or not renew the Services of those Customers who violate the dignity of our employees by using offensive and/or abusive language, threats, discriminatory comments, repeated unreasonable demands, or any other behavior that disrupts the ability of Registros.com staff to provide support effectively. In the case of non-renewal of Services, Registros.com may make available to the Customer the information necessary to transfer their Services to another provider, without this granting any right to a refund or compensation of any kind.
10. Intellectual Property
a. All content including, without limitation, texts, logos, trademarks, images, and software of Registros.com are the exclusive property of Registros.com and are protected by Intellectual Property legislation and other legal provisions. The exploitation, reproduction, and/or distribution thereof without express authorization from Registros.com is strictly prohibited.
b. Registros.com reserves the right to take legal action against any unauthorized use or infringement of its intellectual property. Such actions may include, without limitation:
- Immediate suspension or cancellation of the account and Services of the Customer who has breached this policy.
- Cease and desist notices requiring the immediate removal of infringing materials.
- Legal claims for damages and compensation arising from the unauthorized use of Registros.com's intellectual property.
c. The Customer acknowledges that any unauthorized use of Registros.com's intellectual property may give rise to financial and legal claims, including liability for damages, legal fees, and court costs.
11. Privacy
a. Registros.com's Privacy Policy is available at the following link: Privacy Policy and is incorporated into this Agreement.
11.1 Disclosure of data to law enforcement
a. Registros.com reserves the right to disclose information, including information that the Customer may consider confidential, to comply with a court order, subpoena, requirement, disclosure request, regulation, or governmental request, or to protect Registros.com and its employees, agents, owners, partners, or others from any harm. Registros.com shall have no obligation to notify the Customer of the disclosure of their data and/or any other information relating to their Account and/or Services unless we have affirmatively agreed to do so.
b. Cooperation with any attorney and/or any legal representative of a third party in the context of a civil claim or proceeding is at our discretion. Responding to document production requests and other matters requiring significant effort on the part of Registros.com will involve the payment of a fee of two hundred dollars ($200) per hour. Registros.com may require the payment of a deposit to guarantee payment.
12. Modification of Terms and Conditions
a. Registros.com will notify the Customer of any changes to the terms and conditions by email to the Customer at least fifteen (15) days in advance before the changes take effect.
b. If the Customer does not agree with the changes made, the Customer will have the option of canceling the Agreement and terminating the contracted Services directly through Registros.com, without this entitling them to a refund of the Products and Services already purchased.
c. Continued use of the Services after the modification date will be considered as explicit acceptance by the Customer of the new Terms and Conditions.
13. Limitation of Liability
a. Registros.com shall not be liable to the Customer for any type of damage, loss, or harm that may arise in connection with this Agreement or the Services offered, except in cases of gross negligence or willful misconduct on the part of Registros.com. This includes, but is not limited to:
- (i) Data loss.
- (ii) Direct or indirect damages.
- (iii) Special, exemplary, consequential, incidental, or punitive damages.
- (iv) Loss of profits, revenue, business opportunities, or search engine rankings.
- (v) Loss of reputation, goodwill, anticipated savings, or other intangible losses.
The Customer acknowledges and accepts that Registros.com's liability is strictly limited to cases of gross negligence or willful misconduct, and that any damage or loss that does not meet these conditions will not be attributable to Registros.com. This limitation of liability applies to the extent permitted by applicable law.
b. The Customer understands and accepts that any claim or cause of action related to the website or our Services must be brought within a maximum period of one (1) year from the event that gave rise to such claim. Otherwise, the claim will be deemed invalid.
c. Furthermore, the total maximum liability of Registros.com, regardless of the form of action or theory of recovery, shall in no event exceed the total amount paid for the Service or Product subject to the dispute during the 12 months prior to the event giving rise to the dispute.
d. If applicable laws in a state or jurisdiction do not permit as broad an exclusion of liability as established above, a liability exclusion will apply to the extent permitted by law and will remain valid after the termination or expiry of this Agreement and of the use of the website or Services.
14. Indemnification
a. The Customer agrees to indemnify and hold Registros.com harmless from any claim arising from the use of its Services or from the breach of this Agreement.
b. The Customer's indemnification and hold harmless obligations towards Registros.com shall remain in force even after the cancellation and/or expiry of this Agreement.
15. Entire Agreement
a. The parties offer no further warranties and acknowledge no further conditions than those contained in this Agreement. Any other oral or other agreement not contained in this Agreement shall be deemed invalid.
b. The Customer understands that this Agreement, including the policies referenced therein (e.g. "Privacy Policy", "Domain Registration Agreement", "Acceptable Use Policy"), constitutes a single Agreement.
16. Severability
a. In the event that any clause of this Agreement is found to be unenforceable or invalid under any applicable law or by virtue of a court decision, the validity of the remainder of the Agreement shall remain in force. In such case, the clause will be replaced by another similar clause that is valid and enforceable and that fulfills, as far as possible, the objectives and intentions reflected in the original clause.
17. Force Majeure
a. Registros.com shall use commercially reasonable efforts to keep its website and Services operational. However, the Customer understands that certain technical difficulties and other factors beyond Registros.com's control could cause temporary Service interruptions.
b. Neither party shall be liable for failure or delay in the performance of any of its obligations under this Agreement due to circumstances beyond its reasonable control including, without limitation:
- Fires, earthquakes, or other natural disasters.
- Labour disputes, strikes, or industrial action.
- Accidents, acts of war, terrorism, or civil disturbances.
- Disruptions to transport, communications networks, or public services.
- Shortage of essential supplies, materials, or equipment.
- Failure by third parties to fulfill commitments necessary for the performance of obligations arising from this Agreement.
c. If a force majeure event prevents or substantially delays the performance of this Agreement for a period exceeding thirty (30) consecutive days, either party may terminate the affected Service(s) without penalty. However, this shall not entitle the Customer to a refund for Services already provided or paid for prior to the termination.
18. Representations and Warranties
18.1 Service Warranties by Registros.com
a. Registros.com warrants that it will provide the Services in accordance with current industry standards. If the Customer wishes to make a claim for breach of the Service warranties offered by Registros.com, they must contact Registros.com in writing, specifying the breach in reasonable detail, within thirty (30) days from the date of the alleged breach.
In such an event, the sole remedy to which the Customer will be entitled, and the sole and exclusive obligation of Registros.com, in the event of a breach of this warranty, shall be, at Registros.com's choice:
- (i) to re-perform the Service(s), or
- (ii) to issue a credit based on the amount of time that the Service(s) were not provided in conformity with this warranty.
Service credits, if granted, will be calculated based on the prorated portion of the downtime of the affected service relative to the total billing period. Service credits are non-refundable and may only be applied against future invoices. Service credits shall not exceed the total fees paid for the affected service during the applicable billing cycle.
SERVICES PROVIDED BY THIRD PARTIES ARE EXPRESSLY EXCLUDED FROM THIS WARRANTY.
EXCEPT AS EXPRESSLY SET FORTH IN THIS AGREEMENT, REGISTROS.COM DISCLAIMS ALL OTHER WARRANTIES, WHETHER EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, AND NON-INFRINGEMENT.
18.2 Representations and warranties by the Customer
a. The Customer agrees to cooperate reasonably with Registros.com so that we may facilitate their use of the Services. This cooperation includes, but is not limited to, providing us with correct contact and billing information and ensuring that the Customer, their employees, and/or agents have sufficient technical knowledge to understand how to implement and/or manage the contracted Services.
b. It is the Customer's responsibility to ensure that they can connect with us to use the Services. The Customer represents and warrants that they, or the entity they represent, possess the sophistication and technical ability necessary to use the Services.
c. The Customer and/or their representatives warrant that the Customer is over 18 years of age and has the necessary authority to establish this contractual relationship.
c. The Customer warrants and represents that they and/or their company have not been identified or listed as a "Specially Designated National" or "Blocked Person" by the United States Department of the Treasury, Office of Foreign Assets Control.
19. Disclaimer of Liability
a. EXCEPT FOR THE WARRANTY DESCRIBED IN SECTION 18.1, THE SERVICES ARE PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING ANY WARRANTY OF MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A PARTICULAR PURPOSE (EVEN IF SUCH PURPOSE IS KNOWN TO REGISTROS.COM), OR ARISING FROM A COURSE OF DEALING, USAGE, OR TRADE PRACTICE.
In no event shall any oral or written information or advice provided by Registros.com, its employees, agents, owners, directors, officers, or affiliates, create a representation or warranty or, in any way, increase the scope of the representations and warranties set forth in this Agreement.
REGISTROS.COM DOES NOT REPRESENT OR WARRANT THAT THE SERVICES ARE COMPLETE OR FREE FROM DEFECTS OR ERRORS.
REGISTROS.COM DOES NOT WARRANT THAT THE SERVICES WILL BE PROVIDED WITHOUT INTERRUPTION, IN A TIMELY MANNER, SECURELY, OR FREE FROM ERRORS. REGISTROS.COM SHALL NOT BE LIABLE FOR ANY INTERRUPTION, DELAY, OR FAILURE CAUSED BY FACTORS BEYOND ITS REASONABLE CONTROL, INCLUDING, BUT NOT LIMITED TO, NETWORK FAILURES, INFRASTRUCTURE PROBLEMS, OR ACTS OF THIRD PARTIES.
REGISTROS.COM SHALL NOT BE LIABLE FOR ANY DAMAGE, LOSS, OR SECURITY BREACH CAUSED BY THIRD PARTIES, INCLUDING, BUT NOT LIMITED TO, HACKING ATTEMPTS, MALICIOUS SOFTWARE, OR UNAUTHORISED ACCESS TO CUSTOMER DATA.
b. Registros.com is not responsible for data loss caused by events beyond its reasonable control. It is the Customer's responsibility to implement adequate security measures for their data.
REGISTROS.COM SHALL NOT BE LIABLE FOR ANY LEGAL OR REGULATORY CONSEQUENCES ARISING FROM DATA LOSS, INCLUDING, BUT NOT LIMITED TO, FINES, SANCTIONS, OR PENALTIES IMPOSED UNDER PRIVACY LAWS.
c. Registros.com is not responsible, and expressly disclaims any liability, for the unauthorized access of a third party or the breach of your data caused by your failure to keep your software, any web application, including any module or plugin, up to date.
THE CUSTOMER IS SOLELY RESPONSIBLE FOR IMPLEMENTING AND MAINTAINING SECURITY MEASURES TO PROTECT THEIR DATA, INCLUDING, BUT NOT LIMITED TO, STRONG PASSWORDS, FIREWALLS, ENCRYPTION, AND REGULAR SOFTWARE UPDATES.
20. Independence of the Parties
a. Registros.com and the Customer declare themselves to be independent and expressly state that nothing contained in this Agreement shall be construed as creating an agency, partnership, or other form of joint venture between the parties.
b. Neither party shall have the authority to bind or obligate the other party in any way, nor shall either party represent to any third party that such authority exists.
21. Jurisdiction
a. Governing Law: This Agreement and all Policies and Agreements referenced in it shall be governed by and construed in accordance with the laws of the State of Delaware, United States of America, without regard to principles of conflict of laws.
b. Dispute Resolution Venue: Any dispute, controversy, or claim arising out of or relating to this Agreement or derived from it, including, among others, any matter relating to its existence, validity, interpretation, performance, breach, or termination, shall be resolved exclusively by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association ("AAA").
- Arbitration shall take place in Kent County, Delaware, and shall be conducted in English.
- The parties agree that the arbitrator shall have authority to issue an award and grant injunctive relief under the laws of the state of Delaware.
- Any court of competent jurisdiction may enforce the arbitration award.
- The parties agree that arbitration shall be the exclusive means of resolving disputes, and neither party shall initiate or participate in any lawsuit, except to enforce an arbitration award or seek injunctive relief.
- The arbitrator shall have no authority to award punitive, consequential, or exemplary damages, except as expressly permitted by applicable law.
c. Jury Trial Waiver: The Customer and Registros.com expressly waive their right to a jury trial in any action or proceeding relating to or arising from this Agreement.
22. No Third-Party Beneficiaries
a. This Agreement does not confer rights or benefits on third parties not party to this contract. No person or entity other than the Customer and Registros.com shall have the right to enforce the terms of this Agreement.
23. Contact
a. If you have any questions or queries about this Agreement, please contact us by email or post at the following addresses:
Email address:
legal [@] registros.com
Postal address:
Dinamon LLC
Registros.com, Legal Dept.
8 The Green, Suite 10526
19901 Dover, DE (USA)