123 Reg .US Domains Terms & Conditions

1. General terms

1.1 The 123 Reg .US domain names terms and conditions are subject to 123 Reg’s General Terms and Conditions and the 123 Reg Registration, Refund and Renewal Agreement. Clients acknowledge having read and understood and agree to be bound by these terms which are hereby incorporated and made an integral part of this Agreement. In the event of any conflict between the terms the .US domain terms and conditions shall prevail.

1.2 The headings used in the Agreement are inserted for convenience only and are not intended to be part of nor to affect the meaning or interpretation of any of the Agreement. In the Agreement the masculine includes the feminine and vice versa, and the singular includes the plural and vice versa as the context shall admit or require. Terms used but not defined herein shall have the meanings ascribed to them in the 123 Reg General Terms and Conditions.

1.3 These terms apply to all new and existing Clients of 123 Reg seeking to register a .US domain name who have a bonafide presence in the United States. Any foreign entities or organisations must provide additional details upon registration.

1.4 Clients wishing to register a .US domain name must satisfy the Nexus requirement (“Nexus” or “Nexus Requirement”) set out at http://www.neustar.us/the-ustld-nexus-requirements/. The category requirements include the following:

1.4.1 A natural person:

i. Who is a United States citizen;
ii. Who is a permanent resident of the United States of America, or any of its possessions or territories.

1.4.2 A US-based organisation or company

A U.S.-based organization or company formed within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories or a U.S. federal, state, or local government entity or a political subdivision thereof.

1.4.3 A foreign entity or organization

A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories who regularly engages in lawful activities (sales of goods or services or other business, commercial or non-commercial, including not-for-profit relations in the United States). If the applicant is an entity has an office or other facility in the United States. If the applicant is a foreign entity or organisation, the country must be provided.

1.5 In addition to the above information, Clients will be required to provide certain additional Nexus information to their Clients. Except where it is noted below that a registration will be rejected if information is missing, failure of a registration to satisfy the Nexus requirement will result in the name being placed upon a 30-day hold, during which time 123 Reg will be notified and given the opportunity to correct the information with the Client. If the information required is not provided to 123 Reg within 30 days, the registration will be cancelled and the name will be returned to “available” status. The registration fee will not be refunded.

1.6 123 Reg does not take responsibility for any unsuccessful applications based on, false, incorrect or out-of-date information entered by Clients.

1.7 Clients warrant that any domain names registered do not directly or indirectly infringe the intellectual property rights of a third party.

1.8 Through registration Clients confirm that they have the permission to register the requested domain names

2. Renewals and Transfers

2.1 Clients can only renew .US domain names for a maximum of 10 years.

2.2 Clients acknowledge and understand that .US domains must be unlocked and older than 60 days for a transfer to be initiated. AUTH codes will be sent upon request to the registered admin contact email address.

2.3 Clients accept that upon transfer one year of registration is added and charged for the domain name in question. These charges are payable to 123 Reg.

2.4 Clients should allow up to 7 working days for a transfer to complete on the condition that approval has been granted by the admin contact.

2.5 The registrant (owner) of the domain must follow the instructions in the approval email and, using the Auth code, approve the transfer. Once the transfer is approved, Clients must allow up to 7 days for the transfer to complete.

3. Backordering

3.1 Clients may place backorders for .US domains. This service allows Clients to select an already registered domain to be tracked. The Backorder service will attempt to register the domain name as soon as it becomes available.

3.2 Clients agree a domain name that has expired shall be subject first to a grace period of up to forty (40) days (although this may vary from time to time and subject to the registry of the domain), some domains may be followed by the ICANN-mandated redemption grace period of thirty (30) days. During this period of time, the current domain name registrant may renew the domain name and retain ownership. It is only following this period that a selected Backordered domain would be eligible for registration to a Client through the service.

3.3 123 Reg makes no representations or warranties to the Client that the Client’s requested domain name is guaranteed to be ordered through the use of the 123 Reg Backorder service.

3.4 Clients will not hold 123 Reg or its sister companies liable in any way if we are unable to register the Backorder requested domain name.

3.5 Clients will be charged a service fee and registration fee upon successful registration of their chosen domain name.

3.6 The service fee is non-refundable and will be used to track the domain until the service is cancelled or the domain is successfully registered.

3.7 A refund of the registration fee may be requested if after the first drop date, the domain has not been successfully registered to the Client. The Backorder service will continue past the expiration date of the domain and is valid until the requested domain is successfully registered, or until the service is cancelled and a refund of the registration fee is applied.

3.8 The drop date, for the purposes of this agreement, is the date all expiring domains are released into the pool for reregistration, following any grace periods that may apply.

3.9 123 Reg reserves the right at all times to disclose any information as it deems necessary to satisfy any applicable law, regulation, legal process or governmental request, or to edit, refuse to post or to remove any information or materials, in whole or in part, in 123 Reg’s sole discretion.

4. Fees

4.1 Payment for the relevant domain, the Client has registered will be taken at the time of placing the order.

4.2 Clients must refer to 123 Reg’s General Terms and Conditions and the 123 Reg Registration, Refund and Renewal Agreement for any further details in regards to fees and charges.

5. Obligations

5.1 Clients agree to:

5.1.1 pay 123 Reg the applicable service(s) fees. All fees payable hereunder are non-refundable;

5.1.2 provide certain current, complete and accurate information about you as required by the registration process and;

5.1.3 maintain and update this information as needed to keep it current, complete and accurate. All such information shall be referred to as account information (“Account Information”). By submitting this Agreement, Clients represent that the statements in their Application are true, complete and accurate

5.2 123 Reg will provide temporary UK based Name Servers for the initial 5 days of a Client’s domain registration. After such time to meet the terms and condition of the .US registry Clients must change and always maintain their Name Servers on US located name servers.

6. Restrictions

6.1 The domain names listed here are not available for general public registration.

6.2 Clients may not apply any WHOIS privacy services to their .US domain name.

7. Domain Name Disputes

7.1 The Nexus Dispute Policy (“Dispute Policy”), available at http://www.neustar.us/nexus-dispute-policy/. The Dispute Policy will provide interested parties with an opportunity to challenge a registration not complying with the Nexus Requirements.

7.2 The usTLD Dispute Resolution Policy (“usDRP”). The usDRP is intended to provide interested parties with an opportunity to challenge a registration based on alleged trademark infringement. In addition to the foregoing, you agree that, for the adjudication of disputes concerning or arising from use of the Registered Name, you shall submit, without prejudice to other potentially applicable jurisdictions.