Tucows Reseller Domain Name Registration Agreement
Effective as of July 20th, 2022
OVERVIEW
This Tucows Reseller Domain Name Registration Agreement (the "Agreement"), as amended from time to time, is by and between Wix.com Ltd., its subsidiaries, affiliates, predecessors, successors and assigns (the terms "Wix", “us”, “we” and/or “our” shall refer to Wix.com Ltd.) acting as reseller for Tucows Domains Inc., (the “Registrar”) and you (the terms “you” or “your” shall refer to the individual, entity or organization that accepts this Agreement, has access to your account or uses the services described herein, as well as your heirs, agents, successors and assigns), and is made effective as of the date of your electronic purchase of the applicable domain name.
This Agreement sets forth the terms and conditions of your use of domain name services via Wix as a reseller of the Registrar (herein the "Services") and together with the relevant provisions included in the General Terms of Use for Wix's services (as can be viewed at http://www.wix.com/about/terms-of-use) and Wix’s Privacy (as can be viewed at: http://www.wix.com/about/privacy) (together, “Wix Terms of Use”) represents the entire agreement between You and Wix in connection with the Services.
1. This Agreement; Your Registrar:
1.1.
As Wix registers your domain name solely as a reseller of the Registrar, the Registrar’s Domain Name Registration Services Terms (the “Registrar Domain Registration Agreement”) shall apply and be in full force and effect. For convenience purposes only, the current Registrar Service Terms can be found here: https://opensrs.com/wp-content/uploads/Tucows_ExhibitA.html, however it is your sole responsibility to identify, check, read and understand the terms of the Registrar.
In addition, the Registrar Domain Registration Agreement may be in addition or governed by additional Registrar agreements, policies or addendums, and by using the Services you agree by way of reference that you have read and agreed to any and all such ancillary agreements (together with the Registrar Domain Registration Agreement - the “Registrar Service Terms”).
1.2.
Notwithstanding Section 1.1 above, Wix redirects your domain registration to a specific registrar, however, due to technical reasons it is possible that the registrar you are initially redirected to is not available. It is your sole responsibility to identify your registrar by retrieving your registration data from here, and consequently to read and conform to the applicable Registrar’s terms of service. For convenience, the terms of Tucows Domains Inc.’s registrar are provided above; The terms of Web.com Group Inc.’s registrar can be found here; and the Wix’s Domain Name Registration Agreement can be found here .
1.3.
In addition, Wix may freely transfer your domain name to another registrar (including to Wix’s own registrar) upon renewal of your Services, and you hereby acknowledge and agree to such transfer. In any case, the term “Registrar” shall be changed accordingly to reflect such updated registrar, and accordingly, any registration of a domain name through a registrar is subject, in addition to the terms of this Agreement, to the terms of service of the applicable Registrar, which are incorporated herein by reference and shall be deemed as an integral part of this Agreement.
1.4.
By applying for the Services through the Wix online application process or otherwise, or by using the Services via Wix under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated herein by reference and deemed as an integral part of this Agreement, as amended from time to time, including, without limitation, the Internet Corporation for Assigned Names and Numbers’ (“ICANN”) rules and regulations.
1.5.
In the event of a conflict between this Agreement and the applicable Registrar’s terms of service - the terms of the applicable registrar shall prevail. In the event of a conflict between any rules and regulations of ICANN and this Agreement and/or the applicable Registrar’s terms of service - the rules and regulations of ICANN shall prevail.
2. Registration of Domain Names; Use of Services
2.1.
You agree that by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name. Wix makes no guarantees, representations or warranties that your proposed registration request for a domain name, even if suggested by Wix, will be accepted by the applicable registry or that it will not infringe third party rights. You acknowledge and agree that the proposed registration request for a domain name(s) submitted by Wix and/or by the Registrar to any registry may fail or be rejected by the applicable registry for any number of reasons, including, but not limited to, the fact that your proposed registration request for a domain name was not first in time. You acknowledge and agree that the successful registration will depend upon a number of different factors that Wix cannot predict or control. You hereby assume all liability for the domain name you chose, even if suggested by Wix, and acknowledge that in the event that the domain name infringes third party rights or is otherwise prohibited, it may be subject to arbitrary or other legal proceeding even after its registration.
2.2.
You may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration through Wix. In addition, you agree that you may not transfer your domain registration to another domain name registrar for sixty (60) days after there has been a change in your WHOIS contact information. You may transfer your domain name registration to a third party of your choice, subject to the procedures and conditions as set forth in the Registrar terms of service. The transfer of a domain name registration services to a third party, shall not release you in any way from your obligation to comply with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name registration services.
2.3.
Wix does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.
2.4.
You agree to keep all WHOIS-related contact information true, complete, accurate and current, including but not limited to email addresses. Wix relies on the information you provide (as part of the registration process) to send you important information and notices regarding your account and our services. Failure by you, for whatever reason, to provide the accurate and reliable information on an initial and continual basis, shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name and/or the Services.
2.5.
You agree that in order for Wix and the Registrar to comply with ICANN’s and/or registry’s rules and policies for the domain name, Wix and/or the Registrar have the right to disclose to third parties (including, without limitation, WHOIS system) certain information you provide as part of your registration of the domain name and/or use of the Services.
2.6.
You further allow Wix, the registry and/or the Registrar to transmit this registration data to an ICANN approved or designated escrow agent who stores this information pursuant to ICANN requirements.
2.7.
THE REGISTRATION OF A DOMAIN NAME DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS, RIGHTS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION.
2.8.
Wix, in its sole discretion, reserves the right to refuse to register a chosen domain name, or to delete your chosen domain name. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name or refusal to register you for other Wix service(s).
3. Cancellation
3.1.
The registration of a domain name and usage of the Services is subject to suspension, cancellation, or transfer pursuant to any ICANN, Wix, Registrar or domain registry specification or policy, as well as any applicable law.
3.2.
Without derogating from Wix’s Terms of Use, Wix shall have the right, at its discretion and without liability to you, to terminate, suspend, cancel or transfer the Service and to disclose certain personal and non-personal information, in the following events:
(a) When and as required by applicable law or regulation;
(b) In order to comply with a legal process;
(c) In order to comply with ICANN, registry and/or Registrar policies and procedures;
(d) In order to resolve third party claims in accordance with ICANN’s, registry’s or Registrar's dispute resolution policy;
(e) In order to avoid financial loss or legal liability; or
(f) Wix believes, in good faith, that it is necessary to further determine an alleged breach of a law.
4. Fees and Payments
4.1.
In consideration for the Services you purchased, you agree to pay Wix the applicable service(s) fees as set forth on the Wix website (the "Website") at the time of your purchase of such Services from Wix all in accordance with the payment terms as set forth on the Website.
4.2.
Unless explicitly stated otherwise on the Website, all fees for domain registration and underlying Services are due immediately and are non-refundable. To view the price list please click here.
4.3.
You agree to pay all value added, sales and other taxes (other than taxes based on Wix income) related to the Services or payments made by you hereunder. Unless stated otherwise on the Website, all payments of fees for Wix Services shall be made in U.S. dollars.
4.4.
You are solely responsible for the credit card or payment information you provide to Wix and you must promptly inform Wix of any changes thereto (e.g., change of expiration date or account number).
5. Term and Termination
5.1.
In order to ensure that you do not experience any interruption or loss of services, the Services and any other service associated thereto (i.e. privacy/proxy service) are set to automatically renew, by default, according to which, unless you turn-off the auto-renewal option, such Services will automatically renew upon the end of the applicable Service period, for the same term then-currently in place for the Services, and at the then-current price for the Services (which may be higher or lower than the original price for the Services). To learn how to turn-off the auto-renewal option, please click here: https://support.wix.com/en/article/turning-off-the-auto-renewal-for-your-wix-domain.
5.2.
Wix will attempt to charge your payment method on file, for the renewal fee within up-to 30 days before the expiration date of the domain and extends the registration for an equivalent period as the original period. Wix will also endeavor to provide you a notice at least 30 prior to charging your payment method.
5.3.
You are solely responsible for ensuring that the payment method you have on file with Wix is current and valid. By entering into this Agreement, you acknowledge the automatic renewal terms of the Services as indicated herein and you authorize Wix to charge the applicable fees to your authorized method of payment until You turn-off the auto-renewal.
5.4.
You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page, and you agree that we may place our contact information in the WHOIS output for the expired domain name.
5.5.
Should you not renew the domain name during any applicable grace or redemption period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name to Wix or a third party on your behalf, in any manner Wix desires, and your failure to so notify us after the domain name expiration date shall constitute your consent to such a transfer. It is also made clear that Wix may affect such a transfer of a domain in event of termination of this Agreement as result of your breach of its terms. You agree that we shall have no obligation to pay you or compensate you in any other way, and you shall have no right to receive, proceeds, if any, in connection with such transfer of a domain.
5.6.
IT IS HEREBY MADE CLEAR THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SERVICES ARE RENEWED. WIX SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING THE SERVICES.
5.7.
Wix may terminate this Agreement or any part of the Services at any time in the event you breach any obligation hereunder, including, without limitation, if you fail to respond to an inquiry from us concerning the accuracy or completeness of the information you provided (or should have provided), if we determine in our sole discretion that you have violated the Wix Terms of Use, or upon thirty (30) days prior written notice if Wix terminates or significantly alters its services offering.
5.8.
Without derogating from the forgoing, if you breach any term of this Agreement, Wix may, in its sole and exclusive discretion, suspend or terminate your Services immediately and without notice to you. Service Fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Service Fees that accrue during the period of suspension. In addition, if termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Wix incurs in closing your account. You agree to pay any and all costs incurred by Wix in enforcing your compliance with this Section.
5.9.
Except as otherwise expressly set forth herein or on the Website, Wix will cease charging your credit card, if applicable, for any Service fees as of the expiration of the billing cycle in which the termination is effective. Unless otherwise specified in writing by Wix, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees in order to redeem or extend your domain in the event you have not renewed it in due time.
5.10.
It is agreed that upon termination for any reason, Wix may delete all information related to you on the Wix service, if applicable.
6. Domain Name Dispute Policy
6.1.
By registering a domain name and using the Services, you agree to be bound by the current domain name dispute policy of ICANN (the "Dispute Policy") that is incorporated herein and made a part of this Agreement by reference (as well as any other ICANN policy or regulation). The current version of the ICANN domain name dispute policy may be found at: www.icann.org/dndr/udrp/policy.htm.
6.2.
The Dispute Policy shall govern any dispute with any third party regarding your use of the domain name. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until:
(a) we are directed to do so by the judicial or administrative body, or
(b) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
You agree that we will comply with all court orders and instructions, domestic or international, directed against you and/or the domain name registration.
7. Registrar Change & Transfers
The ICANN Transfer Policy governing the transfer of domain name registrations is found at https://www.icann.org/resources/pages/registrars/transfers-en and the Registrar Service Terms. You agree that Wix and/or the Registrar may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by ICANN related to the transfer of domain names, it is possible for your domain name to be transferred to another registrar even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third parties, including but not limited to registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse a domain name transfer, whether or not the transfer was approved by you.
8. Limitation of Liability
Without derogating from Wix’s Terms of Use,
8.1.
Wix is and shall not be responsible or liable for the Service. Wix is providing you the Service as a reseller on an “as-is” basis and does not warrant that the Service will be error free or uninterrupted.
8.2.
Without derogating from the above, the ability of Wix to provide the Service to you depends in part upon the provision of services by third parties. Wix cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that Wix shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties. Furthermore, you shall have the sole responsibility for any actions or inactions taken by you or on your behalf in connection with the usage of the Services.
8.3.
You further understand and agree that Wix disclaims any loss or liability resulting from: (i) the inadvertent disclosure or theft of your personal information; (ii) access delays or interruptions to our Website or the websites of affiliated parties; (iii) data non-delivery, delayed delivery or misdelivery between you and Wix; (iv) deletion of, failure to store, failure to process or act upon email messages sent to or forwarded to either you or the email address listed for your domain name; (v) processing of updated information regarding your account; (vi) any act or omission caused by you or your agents (whether authorized by you or not).
9. Indemnification
In addition to the provisions of Section 14 of the Wix Terms of Use, you are to indemnify, release, defend and hold Wix harmless for all liabilities, claims, damages, costs and expenses arising out of:
(a) your breach of any terms of this Agreement or any terms incorporated herein;
(b) any violation of a third party's right related to your registration;
(c) any dispute with the applicable registry or a third party arising out of your registration;
(d) any dispute related to the submission of your registration to the applicable registry; or
(e) any use of the domain name(s) that you register with the applicable registry.
10. Miscellaneous
10.1.
In accordance with ICANN regulations and policies, your benefits and responsibilities as a domain name registrant can be found here: https://www.icann.org/resources/pages/responsibilities-2014-03-14-en. In addition, ICANN’s educational materials for domain name registrants can be found here: http://www.icann.org/en/resources/registrars/registrant-rights/educational
10.2. Report Abuse and Rights Infringement
You may report abusive conduct or infringement of rights by contacting Wix via the following means:
(a) Postal Address: 500 Terry Francois Blvd., 6th Floor, San Francisco, CA 94158 USA;
(b) Telephone Number: 1-415-358-0857 | Fax: 1-415-358-0884;
(c) E-mail: abuse@wix.com.
10.3. Modifications
10.3.1.
Except as otherwise provided in this Agreement, you agree during the term of this Agreement, that Wix and/or the Registrar (as applicable) may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective upon posting of the revised Agreement or change to the service(s) on Wix Website, or upon notification to you.
10.3.2.
You agree to periodically review the Website, including the current version of the Wix Terms of Use, this Agreement (as provided on the Website) and any and all Registrar Terms of Service and ICANN rules and regulations, to be aware of any such revisions. By continuing to use Wix Services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.
10.3.3.
You further agree that this Agreement may be modified in order to comply with applicable laws and regulations and/or the terms and conditions set forth by the ICANN and/or any registry, as well as any registration rules or policies that may be published from time to time by Wix and/or by Wix.
10.4. Agents
You agree that, if your agent, (e.g., any person or entity acting in your name and/or on your behalf) purchased Services from or via Wix on your behalf, you shall be nonetheless bound as a principal by all terms and conditions incorporated herein. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our Services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement (and other agreement incorporated by reference), that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
10.5. Waiver
No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Wix. The remedies of Wix under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
10.6. Survival
In the event this Agreement terminates as provided herein, Sections 8, 9 shall survive such expiration or termination, as well as Sections which by their nature should survive.
10.7. Customer Service Contact
To get in touch with our Customer Service, please use any of the options listed below:
(a) Go to Wix Help Center which is available at: http://www.wix.com/support/html5/
(b) Send an email message to: support@wix.com
(c) By Phone: Please, click on this link.