PHEENIX'S TERMS OF SERVICE

Thank you for using the website, domain name registration, and related services ("Services"). These Terms of Service ("Terms") govern all use of the Services. "You" and "your" refer to you and the registrant listed in the WHOIS contact information for each domain name. "Pheenix" refers to Pheenix, Inc. and any associated registrars, any of which will be the registrar for your domain name and all of which share common ownership and Terms and a shared infrastructure. REVIEW THESE TERMS CAREFULLY BEFORE USING THE SERVICES. By using the Services, you agree to all Terms, including arbitration, the Uniform Domain-Name Dispute-Resolution Policy ("UDRP"), and any rules, policies, or agreements regarding specific Services and/or which may be adopted or enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.

By using the Services, you represent and warrant that you (1) have read and understood, and agree to be bound by, these Terms; and (2) are at least 18 years old and legally qualified to enter into contracts. IF YOU DO NOT UNDERSTAND THESE TERMS, DO NOT AGREE TO BE BOUND BY THEM, OR ARE NOT LEGALLY QUALIFIED TO ENTER INTO CONTRACTS, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

  1. Other Policies
    You represent that you have read and understood, and agree to, Pheenix's separate Privacy Policy. Pheenix may collect and disclose your information as outlined in the Privacy Policy, including to (a) take action regarding prohibited conduct; (b) enforce or apply these Terms; (c) comply with legal process, court order, or government inquiry; or (d) protect the rights, reputation, or property of itself, its users, or the public. These Terms may change over time, including through updates in the Terms or applicable law. These Terms may also be supplemented by additional policies, agreements, guidelines, rules, and summaries, including ICANN's consensus policies, the UDRP Rules and Supplemental Rules, and ICANN's summary of terms. Your use of the Services constitutes binding acceptance of all terms and changes. These Terms do not create any agency, partnership, or other joint enterprise with Pheenix.

 

  1. Accounts
    You may be required to set up a Pheenix Account to use the Services. You represent that all information provided is true and accurate and, if you provide information about a third party, you provided any requisite notice and have requisite express consent. Pheenix may conduct security checks, which may require you to provide a government-issued photo ID, "selfie" photo, and other information. You are solely responsible for maintaining, securing, updating, and keeping strictly confidential all login IDs and passwords, and for all use of your Account. You are not authorized to share login IDs or passwords, and intentionally evading security measures and/or use of the Services to compete with Pheenix shall be a material breach of these Terms. Pheenix shall not be liable for any loss incurred by you or a third party relating to your Account.

    You agree to provide and maintain complete and accurate information of the WHOIS Record and all the data elements relating to your domain name(s), and to update them within seven (7) days of any change during the Services term, including: full name, postal address, email address, telephone number, fax number if available, and name of contact if the Registered Name Holder is an entity. You agree that provision of inaccurate or unreliable information, and/or your failure to promptly update information or respond to inquiries is a breach of these Terms and a basis for suspending or terminating the Services. If you intend to license use of a domain name to a third party or privacy/proxy service, you are still the Registered Name Holder and must provide: (1) the domain name's complete contact information; and (2) technical and administrative contact information to facilitate timely resolution of any issues.

    If you license use of the registered domain name, you shall accept liability for any harm caused by wrongful use of the domain name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the registrant reasonable evidence of harm. You may provide information regarding the nameservers assigned to your domain name(s) and, if Pheenix provides nameserver services, the DNS settings for the domain name. If you do not provide complete nameserver information, or if you purchase "Name Only" Services, Pheenix may supply this information (and point your domain name to a website of its choosing) until such time as you elect to supply the nameserver information or upgrade from "Name Only" Services. Pheenix may also monetize the traffic, and you will not be entitled to any revenue share. You may become a Verified Account Holder by providing a true and correct copy of your driver's license, government photo identification, passport, social security number, utility bill with residential address, and/or a notarized affidavit verifying your identity. Pheenix may also require video authentication. Based upon a review of the requested materials, Pheenix, in its sole discretion, will determine your eligibility as a Verified Account Holder. You are responsible for all fees and costs associated with unauthorized access to your Account and domain names, regardless of the result.

 

  1. Services
    General. While some processes may occur in an auction style format or operate with the label "Auction" or "Online Auction", Pheenix is not an auctioneer, auction house, or an escrow agent. It is your sole responsibility to know whether or not the domain name(s) you select or use or allow others to use infringe legal rights of others. Pheenix might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your sole responsibility to list accurate contact information in association with your Account and to communicate with litigants, third parties, and governmental authorities. Pheenix will not delay implementation of a UDRP Panel decision based solely on your informing Pheenix that you intend to contest the decision; however, Pheenix may delay implementation upon receiving a file-stamped copy of a complaint in federal court contesting the decision.

    Domain Name Registration. Pheenix has accredited registrars with ICANN for generic Top Level Domain Names ("gTLDs") (such as .com, .net, .org, etc.) and a variety of country code Top Level Domains ("ccTLDs") (such as .co.uk, .de, etc.). Domain name registrations are not effective until the registry administrator puts them into effect and are only for limited terms that end on the expiration date. For domain names that are created as a new registration out of the pool of available domain names, the term begins on the date the domain name registration is acknowledged by the applicable registry. For domain name registrations that were not returned to the pool of available domain names, the term begins on the date the previous registrant's domain name registration was acknowledged by the applicable registry. You expressly waive all property interests, if any, in any domain name(s) that you may register with Pheenix.

    Domain Name Marketplace. Pheenix provides a venue for notifying third parties of the availability of currently-registered, recently-expired, or recently-released domain names for sale. If you have an Account, you may use the Domain Name Marketplace for available domain names ("Listing Transaction") by (a) placing a listing in the Domain Name Marketplace as a seller on behalf of yourself or a third party ("Seller"); (b) purchasing a domain name vis-a-vis the Marketplace on behalf of yourself or a third party ("Buyer"); or (c) participating in communications and/or negotiations for the sale or purchase of a domain name in the Domain Name Marketplace, whether or not such activities result in a sale. By participating in a Listing Transaction, you agree to abide by these Terms and to pay all fees. You are solely responsible and liable for any domains placed into the Domain Name Marketplace from your Account, whether such placement is intentional or not. By placing a listing, you represent and warrant that: (1) You have all rights, titles, and interests in the domain name as necessary to complete the Listing Transaction; (2) the domain name does not infringe upon the intellectual property rights of any third party; (3) you are able to transfer the domain name in accordance with these Terms; and (4) the domain name is not currently, and will not in the reasonably foreseeable future be, the subject of a UDRP dispute, administrative proceeding, or any criminal or civil litigation of any kind. Transfer of the domain name to the Buyer's Account may be completed before Pheenix receives payment; transfer by Pheenix is done without warranty. If you buy a domain name by participating in a Listing Transaction ("Domain Sale"), a "buy" lock will be placed on the domain name for sixty (60) days, which prohibits transfer of the domain name to another Account or another registrar, and if you sell a domain name by participating in a Domain Sale, you will receive payment for the domain name in the form of Account credit, minus any transaction fees. Pheenix, in its sole and final decision, without liability to you or any third party, may suspend, delete, cancel, interrupt, reverse, or otherwise undo a Domain Sale by reversing payment, deleting Account credit, moving a domain name back into a Seller's Account or into a separate holding Account, or by taking any other action it deems necessary in its sole discretion, in the event of dispute, fraud, abuse, mistake, error, or any other circumstances warranting such action. Pheenix has no control over and cannot transfer possession of any service, product, property, intellectual property, or anything else other than a domain name. Sellers may withdraw listings at any time for any reason unless the domain name is in auction. Listings may terminate if a domain name is disabled, suspended, or removed from the Seller's customer Account. The term of registration is whatever period remains on the Seller's initial registration term at the time of the Listing Transaction. You may extend the domain name registration term by renewing the domain. Pheenix does not participate in any disputes concerning or arising out of a Listing Transaction or Domain Sale. Pheenix and its partners, subsidiaries, and affiliate companies may place bids on domain name listings in the Domain Name Marketplace and/or Auctions, either to meet a reserve price or to purchase a domain name directly and may indicate Pheenix association with an asterisk ("*") next to the bidder name. Pheenix may also sell domains on Pheenix's platform.

    Domain Name Backordering. Pheenix provides a venue for third-parties to request a backorder for currently registered domain names. There is no initial fee for placing a backorder request. If a backordered domain name that is sought via the Services becomes available for public registration, Pheenix will make reasonable efforts to acquire the domain name and register it through its own registrar, or one of its registrar partners, on your behalf. Pheenix does not and cannot guarantee acquisition of any domain name, nor at which registrar the domain will be registered. Duration of the initial domain name registration term may vary and will typically be one (1) year from the date of acquisition or expiration as listed in the WHOIS. Information about the status of a domain name is offered on a reasonable basis and should not be relied upon as real-time information. You should perform a WHOIS look-up prior to placing any order. Unless you specify namservers that should be assigned to the ordered domain name upon registration, Pheenix may direct the domain name to nameservers and IP addresses designated by Pheenix. Valid payment must be received within forty-eight (48) hours from the date of the selected domain name's registration ("Payment Deadline") or else is a material breach. If there are two or more backorder requests by multiple parties for the same domain name, a public auction will commence immediately after Pheenix obtains the registration rights. Pheenix may automatically increase your bid through a Proxy Bid so that you remain the high bidder up to your "maximum amount." All Proxy Bids are final and irreversible, and you may not lower your maximum amount or cancel the Proxy Bid, except under extenuating circumstances as determined by Pheenix. If more than one bidder specifies identical maximum amounts, the bid processed earlier in time prevails. Pheenix may set a reserve price for any domain name. If the parties do not place an offer that meets the reserve price, or if the first place winner does not meet the Payment Deadline, Pheenix may choose what to do with the domain name, including selling, retaining, deleting, or disposing of it as Pheenix sees fit in its sole discretion. There is also a Public Auction Fee. All domain sales are final, irreversible, non-refundable, and ineligible for Account credit. Not all domain extensions are available for backordering. Customers may place a Gold Backorder or a Super Saver Backorder; a Gold Backorder will be given priority. Pheenix and its partners, subsidiaries, and affiliate companies may place a backorder on any domain name. Pheenix may offer pre-purchased backorder credits at a discount that are automatically applied to your Account if the backorder request is successful; backorder credits are non-refundable, non-transferable, only applicable for one Account, prospective, and must be pre-paid.

    Pheenix Points.™ You can accumulate Pheenix Points for every dollar ($) that you spend on a one-to-one basis and rounded up. Pheenix Points do not necessarily equate to the same purchasing power as dollars, and the purchasing power of one Pheenix Point may fluctuate. You have no property rights in Pheenix Points, and they have no monetary value and cannot be redeemed for cash. They are non-refundable, non-transferable, and only apply for one Account.

    WHOIS Privacy Protection. Pheenix offers WHOIS privacy protection services via WHOISPrivacyShield.org . You agree to these Terms as well as the terms and conditions of WHOISPrivacyShield.org located at http://whoisprivacyshield.org/terms-and-conditions/.

    Registration Requirements for Certain ccTLDs and nGTLDs.

    a.      .CN Registration Requirements

        1. As .CN is a restricted top-level domain, you are required to undergo both a domain name check and a real name verification process as required by the People's Republic of China.
        2. If a .CN domain name is not permitted to be registered by the People's Republic of China, as determined by us, the .CN Registry Operator, or any authorized third-party responsible for making such determinations, you application for registration will be unsuccessful and the domain name will be deleted, and you will be entitled to a refund of registration fees.
        3. If a .CN domain name is permitted to be registered by the People's Republic of China, the domain name may not be activated for resolution on the Internet until you have submitted valid documents required by the .CN Registry Operator to perform a verification of your real name. The following documents may be acceptable forms of identification that you can submit:
        4.  

          1.      China: Resident ID, temporary resident ID, business license or organization code certificate

          2.      Hong Kong/Macau: Resident ID, driver's license, passport or business license

          3.      Singapore: Driver's license, passport or business license

          4.      Taiwan: Resident ID, driver's license or business license

          5.      Other Countries/Regions: Driver's license or passport

           

        5. Documents you provide to us may be shared with the .CN Registry Operator for the purpose of real name verification, and are otherwise subject to our Privacy Policy.

 

b.      .DE Registration Requirements

      1. .DE domain name registration is subject to a local presence requirement. The Registrant or Administrative Contact for a .DE domain must reside in Germany. Please note that a P.O. Box does not satisfy the local presence requirement.
      2. The .DE Registry Operator requires that the domain name has two active name servers, which must be active at the time of registration, and which must be on different subnets (i.e., different class-C networks). If you cannot provide two active name servers at the time of registration, your order may still process and complete, however there will be a 30-day window in which you must update your name servers. If you fail to do so within this time frame, the .DE Registry Operator will delete the domain name, and refunds will not be given. The name servers associated with the domain name at the time of the order cannot be changed during the 30-day window.

 

c.      .EU Registration Requirements

      1. .EU domain name registration is limited to individuals and companies with a connection to a European Union member state. Registration is subject to meeting the following eligibility criteria:
      2.  

        1.      Undertakings should have their registered office, central administration or principal place of business within the European Community.

        2.      Organizations established within the European Community without prejudice to the application of the national law.

        3.      Natural persons residing within the European Community.

         

      3. The following .EU domain names have been reserved for use by either the European Union institutions, one of the European Union member states, EEA countries, countries in the EU accession phase or EURid (the .EU registry):
      4.  

        1.      eurid.eu

        2.      registry.eu

        3.      nic.eu

        3.      dns.eu

        3.      internic.eu

        3.      whois.eu

        3.      das.eu

        3.      coc.eu

         

 

d.      .FR Registration Requirements

      1. .FR domain name registration requires that the registrant (both an individual or legal entity) either resides or has its headquarters or principal place of business in Europe or within the territories of Iceland, Liechtenstein, Norway, or Switzerland.
      2. Please note that the .FR Registry does not require documentary proof of the above information at the time of registration, but if requested you will need to provide documentary proof within two weeks of the domain being registered; failure to do so could result in your domain names(s) being cancelled.
      3. For companies, either a valid Trademark or SIREN/SIRET number is required.

 

e.      .IT Registration Requirements

      1. .IT domain name registration requires that the administrative contact be a resident of a European Union member state.
      2. If the registrant is a legal entity, then a VAT (Value Added Tax) number is required.
      3. If the owner of the domain is an individual, then a birth date and place of birth is required, as well as a national identity document, passport, or driver's license copy.
      4. The DNS servers used must be configured in advance.

 

f.      .UK and .CO.UK Registration Requirements

      1. Note that registrants who own an existing co.uk, org.uk, me.uk, net.uk, plc.uk or ltd.uk registered prior to Oct. 29, 2013 will have their .UK domain name reserved for free up until June 10, 2019, as long as the existing domain name remains registered.
      2. .UK domain name registration required a postal address in the United Kingdom (i.e., within Great Britain, Guernsey, Jersey, or Isle of Man). Please note that a P.O. Box does not satisfy the local presence requirement, as it formerly allowed for .CO.UK domain name registration.

 

g.      .US Registration Requirements

      1. .US domain name registration is subject to a nexus requirement, whereby registrants must be either:
      2.  

        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, or (iii) whose primary place of domicile is in the United States of America or any of its possessions [Nexus Category 1],

        2.      A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories, or (ii) 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 (including a federal, state, or local government of the United States or a political subdivision thereof, and non-commercial organizations based in the United States) [Nexus Category 2], or

        2.      3. A foreign entity or organization that has a bona fide presence in the United States of America or any of its possessions or territories [Nexus Category 3].

 

h.      .MOBI Registration Requirements

      1. There are no specific requirements to register a .MOBI domain name. Everyone can register .MOBI domain names. However, the .MOBI Registry regularly audits all .MOBI sites to ensure .MOBI compliance. Compliance ensures that the site has been optimized for display on mobile devices. Mandatory requirements for building a .MOBI website are as follows:
      2.  

        1.      Must use XHTML Mobile Profile 1.0 as the default for the landing page

        2.      Cannot use frames

        3.      Site must be present on second level

         

      3. Any non-compliant .MOBI domain names will have 60 days to become compliant. If a domain fails to comply within 60 days, the Registry will remove the domain from the zone file and the site will no longer resolve.
      4.  

 

i.      .BIZ Registration Requirements

      1. .BIZ domain names are subject to the following restrictions per ICANN:
      2.  

        1.      Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes;

        2.      Registrations in the .biz TLD must comply with the Uniform Dispute Resolution Policy ("UDRP"), as adopted and as may be amended by the Internet Corporation of Assigned Names and Numbers.

         

      3. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
      4.  

        1.      To exchange goods, services, or property of any kind;

        2.      In the ordinary course of trade or business; or

        2.      To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business.

         

      5. Registering a domain name solely for the purposes of (1) selling, trading or leasing the domain name for compensation, or (2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a "bona fide business or commercial use" of that domain name. For illustration purposes, the following shall not constitute a "bona fide business or commercial use" of a domain name:
      6.  

        1.      Using or intending to use the domain name exclusively for personal, noncommercial purposes; or

        2.      Using or intending to use the domain name exclusively for the expression of noncommercial ideas (i.e., registering xxxsucks.biz exclusively to criticize or otherwise express an opinion on the products or services of ABC company, with no other intended business or commercial purpose);

        2.      Using the domain name for the submission of unsolicited bulk e-mail, phishing, pharming or other abusive or fraudulent purposes.

         

    Pheenix is not a legal professional and does not guarantee the accuracy of any third-party requirements. You should confirm the accuracy and applicability of all requirements and laws.

    Expiration of Domain Name Registration. Immediately after term expiration and before deletion of the domain name in the registry's database, Pheenix may direct the domain name to nameservers and IP addresses, to no IP addresses, or to IP addresses that host a parking page or a commercial search engine with advertisements, and Pheenix may either leave your WHOIS information intact or change the contact information in the WHOIS output for the expired domain name so that you are no longer the listed registrant. Pheenix may keep any and all revenues generated from advertising. Pheenix provides a "Renewal Grace Period" of thirty (30) days from the expiration date where the expired registration may be renewed for additional fees. After this period, Pheenix may exercise complete authority, ownership, control, and use of the expired domain name. Any notices given in accordance with ICANN's Expired Registration Recovery Policy located at https://www.icann.org/resources/pages/errp-2013-02-28-en and ICANN's Expired Domain Deletion Policy located at https://www.icann.org/resources/pages/registars/accreditation/eddp-en will be deemed to have been given if delivered via the email address or address of the registered name holder.

    Transfers. Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at http://www.icann.org/en/transfers/dispute-policy-12jul04.htm, as well as the UDRP. To transfer your domain name(s) you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contact listed in the WHOIS information may approve or deny a transfer request. Domain name services may not be transferred within sixty (60) days of initial registration or transfer, if there is a dispute regarding the identity of the domain name registrant, if you are bankrupt, or if you fail to pay any fees. Transfer requests typically take five (5) business days to be processed. A transfer will not be processed if, during this time, the domain name registration services expire. You may be required to resubmit a transfer request if there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM. Pheenix may, but is not required to, place a "Registrar Lock" on your domain name services to prevent your domain name services from being transferred without your authorization. By allowing your domain name services to remain locked, you provide express objection to any and all transfer requests until the lock is removed.

 

  1. Prohibitions
    You agree that you will not do the following in relation to the Services:
    1. Violate, or encourage violation, of these Terms (including, but not limited to, provisions on security checks, password sharing, and payment) or any applicable law or regulation
    2. Violate industry standards or other Pheenix or third-party policies.
    3. Engage in phishing, spamming, child pornography, unauthorized online pharmacies, fraudulent activities, or other unlawful or abusive conduct.
    4. Engage in any unsolicited advertising, marketing, or telemarketing, including unwanted phone calls, SMS/MMS messages, voice mail, or faxes, in violation of any laws.
    5. Restrict or inhibit another's use or enjoyment of the Services, including by submitting malware or exploiting software vulnerabilities.
    6. Harvest or collect information about users for unlawful purposes.
    7. Provide false, misleading, or inaccurate information, including through impersonation.
    8. Infringe upon the intellectual property rights or other rights of Pheenix or third parties.
    9. Engage in conduct, or encourage conduct, that is libelous, defamatory, discriminatory, or otherwise malicious or harmful to any person or entity.
    10. Transmit viruses, Trojan horses, worms, malicious code, or destructive content.
    11. Attempt to probe, scan, test, or violate the security features of the Services or any associated system or network, or to obtain unauthorized access to any content or data.
    12. Forge, modify, or falsify any network packet or protocol header or metadata.
    13. Disable, overburden, damage, or limit Pheenix's ability to provide the Services, or reverse-engineer the Services to find limitations, vulnerabilities, or evade filtering.
    14. Use a robot, spider, or other application to retrieve, scrape, or index any part of the Services, or copy any part of the Services, without Pheenix's consent.
    15. Attempt to gain unauthorized access to, interfere with, damage, or disrupt any parts of the Services, or any server, computer, or database connected to the Services.
    16. Shill bidding i.e. bidding on your own listing either directly, through an agent, or another account, or bidding on a listing from someone you know if the only intent is to artificially increase the price.
    17. Fail to respond by ten (10) calendar days to inquiries by Pheenix concerning the accuracy of Account and WHOIS contact information.
    18. Fail to monitor the email account or address identified in your Account and WHOIS information.


    If Pheenix, in its sole discretion, determines that you have engaged in prohibited conduct, Pheenix will find you in material breach of these Terms and may confiscate and take action on your domain name(s), including by seizing, deleting, selling, transferring, parking, or using your domain name(s). You agree that Pheenix shall not be liable to you for the foregoing, you expressly waive any property and other rights that you may have in such domain names, and you agree to not commence any action related to Pheenix's exercise of its rights. You also agree that damages for your breach of subsection above will be difficult to quantify and Pheenix shall thus be entitled to immediate damages of $10,000 per breach within twenty-four (24) hours, which bears reasonable relation to anticipated damages for unlawful competition.

 

  1. Indemnification
    You, your personal representatives, and your heirs, voluntarily agree to release, waive, discharge, hold harmless, defend, and indemnify Pheenix and its shareholders, officers, directors, employees, agents, affiliates, consultants, representatives, sublicensees, successors, assigns, ICANN, and registry operators from any and all claims, actions, liabilities, judgments, settlements, fees, costs, and losses for bodily injury, property damage, wrongful death, emotional distress, loss of privacy, advertising injury, or other damages, harm, or loss, whether to you or any third parties, arising out of or relating to your use of the Services, including any conduct conducted under your Account, your violation of any law or breach of these Terms, or any conduct by your agents. Pheenix shall defend, indemnify, and hold you harmless from and against any and all reasonable third-party intellectual property claims against you only if arising from Pheenix's violation of your intellectual property rights related to the Services, if you have a valid Account, if you provide immediate notice of such claim, if Pheenix retains full control of defense and settlement, and if you fully cooperate with Pheenix regarding same.

 

  1. Charges
    Winning bids and backorders create a binding contract to purchase a domain name. You agree to pre-pay all applicable and non-refundable fees for the Services by payment methods accepted by Pheenix. You are responsible for paying all fees associated with using the Services and all applicable taxes. For domain sales through Pheenix's landing pages where a 30 day money back guarantee is explicitly stated, Pheenix offers a thirty (30) day money back guarantee per user, provided you provide proof of payment; however, repeat unsubstantiated requests for refunds are a material breach of these Terms, which Pheenix is not required to accept. There are no refunds for any other types of purchases, including domain auctions, renewals, registrations, and backorders. You may be asked to supply certain billing information for your use of the Services, including your credit card information, billing address, and shipping information. You represent and warrant that: (1) you have the legal right to use the payment information provided, and (2) the information you provide is true, correct, and complete. Pheenix may use third parties for facilitating payment, and you grant Pheenix the right to provide your information to those third parties. If your usage of the Services exceeds the amount you deposited, there is a chargeback, or you fail to pay the amounts due, Pheenix will be entitled to suspend/terminate the Services, including your Account, in its sole discretion. Pheenix will not have any liability whatsoever for any damage, liabilities, losses (including any loss of data or profits) or any other consequences that you may incur with respect to any suspension/termination. Pheenix reserves the right to void any domain name purchase within thirty (30) days after a purchase transaction, if, at the sole discretion of Pheenix, Pheenix determines the purchase price was incorrect, inaccurate, or otherwise erroneously offered or mispriced. Pheenix may allow you to pay in installments under a payment plan or allow you to pay a reinstatement fee; if you fail to make timely payments, Pheenix may suspend and lock the domain name and charge you interest. Under an installment plan, you do not have any rights in the domain name until you complete all payments due under the plan; however, Pheenix may allow you to use the domain name while you are making payments. If you fail to timely complete all payments under an installment plan, Pheenix will own the domain. You shall maintain records and reminders regarding expiration dates. If you select automatic renewal of the Services, Pheenix may attempt to renew the Services at a reasonable time before expiration, provided your credit card and billing information is available and up to date. It is your responsibility to keep your billing information up to date and Pheenix is not required to, but may, contact you to update this information in the event that an attempted transaction is not processed successfully. For certain TLDs, the automatic renewal option is not available.

    Our current list of fees can be found at https://www.pheenix.com/fees.php

 

  1. Communications from Pheenix
    By using the Services and/or by providing your contact information, you expressly consent to receive communications from Pheenix, its agents, and affiliates. You may opt out of communications by (a) following unsubscribe instructions in each communication; or (b) sending an email to abuse@pheenix.com. Communications will be in English with the Customer or Resellers of the Services as listed in your Account and/or domain name WHOIS information.

 

  1. Intellectual Property
    Pheenix owns all hardware, software, intellectual property, goods, services, plug-ins, mobile applications, and all other materials relating to the Services, including its platform, and specifically all database, compilation, collective and similar rights, title, and interests in its domain name database, and all information and derivative works generated from the database. Pheenix owns the following information for those registrations for which Pheenix is the registrar: (1) original creation date; (2) expiration date; (3) name, postal address, email address, voice telephone number, and fax number of the registrant and all contacts for the domain name registration; (4) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database; and (5) any other information Pheenix generates or obtains in connection with the Services, other than the domain name being registered, the IP addresses of the primary and any secondary nameservers, and the corresponding names of those nameservers. You may not copy, modify, publish, distribute, display, or sell any of Pheenix's propriety content without Pheenix's prior written permission, and you do not own any right, title, or interest in same, provided that, subject to these Terms, Pheenix grants you a non-transferable, non-exclusive, revocable, limited license to use the Services. Each Party will continue to independently own its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, and proprietary processes.

    Pheenix respects the intellectual property rights of others. If you believe that material infringes one or more of your copyrights, please promptly submit a claim via email to Pheenix at abuse@pheenix.com with the subject line "Copyright Infringement" and with an identification of the copyright claimed, a description of the material you claim is infringing, your name, address, telephone number, and email address, and a signed statement by you (1) that you believe in good faith that the use of your copyrighted material is not authorized by law, or by the copyright owner or such owner's agent; and (2) under penalty of perjury, that all of the information contained in your notice is accurate, and that you are either the copyright owner or a person authorized to act on their behalf. See also the Digital Millennium Copyright Act.

 

  1. Third-Party Websites and Services
    The Services may contain third-party content and links to third-party websites. Pheenix does not guarantee the accuracy, completeness, or usefulness of any third-party information or adopt, endorse, warrant, or accept responsibility for same. Pheenix does not have control over third parties, each of which may have its own terms and conditions and/or privacy policy. You assume all responsibility for any harm resulting from third-party content or websites. While Pheenix uses commercially reasonable efforts to manage the Services, the loss or interruption of any one of those independent services may prevent the Services from operating for reasons including power outages or ISP or telecommunications services provider outages.

 

  1. Warranties, Assumption of Risk
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, PHEENIX, ON BEHALF OF ITSELF AND ITS AGENTS, MAKES NO WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THESE TERMS OR THE SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE SERVICES ARE PROVIDED "AS IS." PHEENIX DOES NOT GUARANTEE THE ACCURACY OR COMPLETENESS OF INFORMATION REGARDING THE SERVICES OR THESE TERMS. OPERATION MAY NOT BE UNINTERRUPTED OR ERROR FREE. YOU AND YOUR AGENTS KNOWINGLY AND FREELY ASSUME ALL RISK, RESPONSIBILITY, AND LIABILITY FOR ALL CLAIMS, WHETHER TO YOU OR ANY THIRD PARTY, REGARDING THE SERVICES. PHEENIX MAKES NO REPRESENTATIONS THAT REGISTRATION OR USE OF A DOMAIN NAME WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK, AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH DATA. PHEENIX MAKES NO WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH EMAIL SERVICES.

    YOU REPRESENT AND WARRANT THAT YOUR REGISTRATION OF A DOMAIN NAME, ITS USE, AND YOUR USE OF THE SERVICES (1) DOES NOT INFRINGE ON ANY LEGAL RIGHTS; AND (2) WILL NOT SUBJECT PHEENIX TO ANY LEGAL CLAIM(S).

    If you are using the Services for or on behalf of someone else, you warrant that you have the authority to bind that person as a principal to these Terms. If you license the use of a domain name you register, you remain the domain name holder of record, and remain responsible for all obligations at law and under these Terms, including but not limited to payment obligations, and providing (and updating, as necessary) your own full contact information and technical, administrative, billing and zone contact information adequate to facilitate timely resolution of any problems that may arise in connection with the domain name and domain name registration and for ensuring non-infringement of any third party intellectual property rights.

 

  1. Limitation of Liability
    TO THE MAXIMUM EXTENT PERMITTED BY LAW, AND WITHOUT LIMITATION, NEITHER PHEENIX NOR ITS AGENTS SHALL BE LIABLE FOR ANY DIRECT, INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL, PUNITIVE, OR EXEMPLARY DAMAGES, ATTORNEY'S FEES, LOST PROFITS, REVENUES, REPLACEMENT GOODS, LOSS OR DAMAGE TO DATA, OR LOSS OR DAMAGES RELATED TO YOUR USE OF THE SERVICES, REGARDLESS OF ANY NOTICE. PHEENIX WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES; (b) USE OF THE SERVICES; (c) INTERRUPTION OF SERVICES OR YOUR BUSINESS; (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS; (e) LOSS OR LIABILITY RESULTING FROM EVENTS BEYOND PHEENIX'S CONTROL; (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (g) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (h) UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT OR ANY FALSE OR MISLEADING INFORMATION PROVIDED BY YOU. PHEENIX'S MAXIMUM LIABILITY TO YOU, REGARDLESS OF THE NUMBER OF INCIDENTS OR CLAIMS, SHALL BE THE AMOUNT PAID BY YOU FOR SERVICES, OR $400.00 USD, WHICHEVER IS LESS. PHEENIX'S LIABILITY SHALL BE LIMITED TO ANY AMOUNTS INCURRED WITHIN ONE (1) YEAR OF YOUR COMMENCEMENT OF ANY CLAIM, AND YOU ARE REQUIRED TO BRING AN ARBITRATION WITHIN ONE (1) YEAR OF ANY CLAIM.

    If you or your domain name is the subject of litigation, Pheenix may deposit control of your domain name record into the registry of the judicial body by providing a party with a registrar certificate. Pheenix is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to a request to register, renew, modify the settings for, or transfer of a domain name registration. You will not file any cross-complaints against Pheenix in any lawsuit, administrative proceeding, or criminal investigation.

 

  1. Choice of Law, Binding Arbitration, Provisional Remedies, Venue, Fees
    Choice of Law. EXCEPT FOR UDRP AND ccTLD POLICIES, THESE TERMS SHALL BE INTERPRETED AS THOUGH EXECUTED IN CALIFORNIA AND SHALL BE GOVERNED BY CALIFORNIA LAWS WITHOUT REGARD TO CONFLICT OF LAW PRINCIPLES.

    Binding Arbitration. TO THE FULLEST EXTENT PERMITTED BY LAW, THE PARTIES AGREE TO RESOLVE ALL DISPUTES ARISING OUT OF OR RELATING TO THE SERVICES BY BINDING ARBITRATION IN ORANGE COUNTY, CALIFORNIA BEFORE A SINGLE ARBITRATOR. The arbitration shall be administered by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court having jurisdiction. If you do not commence arbitration within one (1) year of any claim, you expressly waive all rights to such claim. THE PARTIES AGREE TO WAIVE ANY RIGHT TO JOIN CLAIMS WITH OTHERS OR OTHERWISE PROCEED IN A CLASS ACTION. YOU AGREE THAT WITHOUT THIS PROVISION, YOU WOULD HAVE HAD THE RIGHT TO SUE IN COURT WITH A JURY OR PARTICIPATE IN A CLASS ACTION.

    Provisional Remedies. THE MANDATORY ARBITRATION PROVISION DOES NOT PRECLUDE THE PARTIES FROM SEEKING PROVISIONAL REMEDIES, INCLUDING ORDERS TO STAY COURT ACTION OR COMPEL ARBITRATION, FROM APPLYING FOR A TEMPORARY RESTRAINING ORDER OR PRELIMINARY INJUNCTION TO PRESERVE INTELLECTUAL PROPERTY RIGHTS, OR FROM ENFORCING AN OBLIGATION FOR DEFENSE AND INDEMNITY, IN STATE OR FEDERAL COURTS IN ORANGE COUNTY, CALIFORNIA. YOU AGREE THAT A BREACH OF THESE TERMS WILL LEAD TO IRREPARABLE INJURY AGAINST PHEENIX AND THAT PHEENIX MAY SEEK IMMEDIATE INJUNCTIVE RELIEF FOR SUCH BREACH IN ANY APPROPRIATE COURT.

    Venue, Service. For any matter in court, you expressly consent to jurisdiction and venue in the courts of: (1) your domicile as listed on the WHOIS record and/or your Account information; and (2) Orange County, California. Service of process on you may be made by first class mail or email to the address or email address listed your Account and/or WHOIS record

    Fees. Pheenix shall be entitled to its reasonable costs and expenses, including attorney's fees, in any action or proceeding against you arising out of these Terms. You shall be entitled to your reasonable costs and expenses, including attorney's fees, in any action or proceeding arising out of these Terms resulting from the intentional and willful misconduct of Pheenix.

 

  1. Termination, Modification, No Waiver, Assignment
    These Terms shall commence upon your acceptance and will remain in effect until terminated. Pheenix may reject your domain name registration application or discontinue providing Services to you for any reason within thirty (30) days of a Service initiation or renewal. Outside of this period, Pheenix may terminate or suspend the Services at any time for cause, which, without limitation, includes (a) registration of prohibited domain name(s), (b) abuse of the Services, (c) payment irregularities, (d) allegations of illegal conduct, (e) failure to keep your Account or WHOIS information accurate and up to date, (f) failure to respond to inquiries for over ten (10) calendar days, (g) if your use of the Services violates these Terms, any third party's rights, or acceptable use policies, or (h) for any other reason at the sole discretion of Pheenix. If Pheenix has grounds to terminate or suspend Services with respect to one domain name or in relation to other Services provided through your Account, Pheenix may terminate or suspend all Services provided through your Account. No refund will be made when there is a suspension or termination of Services for cause. These Terms shall terminate immediately upon the windup and dissolution or insolvency of either party, whether voluntary or not. You will be charged a non-refundable re-activation fee of $299 for any restoration of your Account. Your registration is subject to suspension, cancellation, or transfer by any policy or procedure related to ICANN or any ccTLD registry or governing body.

    Following notice of termination other than for cause, you must transfer your domain name within a thirty (30) day notice period or risk that Pheenix may delete your domain name, transfer the registration services associated with your domain name, or suspend or modify Services related to your domain name. If Pheenix terminates Services for a reason other than cause, Pheenix may provide a pro-rata refund of your fees. Your registration of domain names and use of the Services shall further be subject to suspension, cancellation, or transfer pursuant to any terms, standards, policies, procedures, and practices adopted by Pheenix, ICANN, and the Registry, (a) to correct mistakes by you or the Registry Operator in registering the name; or (b) for the resolution of disputes concerning the domain name and/or the Services.

    Your domain name may be transferred to the Pheenix registrar if you renew your domain name registration and Pheenix was not the prior registrar. Per the ICANN Inter-Registrar Transfer Policy, you will not be able to transfer the renewed domain name to another registrar within the first sixty (60) days after transfer. You consent to the foregoing.

    Provisions on prohibited uses, intellectual property, disclaimers, limitations of liability, choice of law, arbitration, provisional remedies, fees, and indemnity shall survive any termination. Pheenix cannot waive any rights under these Terms except by a signed writing. Pheenix may modify these Terms and may modify or discontinue the Services in its sole discretion for any reason at any time, and any new Terms that are posted will apply. IF YOU FIND ANY CHANGES UNACCEPTABLE, YOU MUST IMMEDIATELY CEASE USING THE SERVICES.

    These Terms and your rights and obligations hereunder are not assignable or transferable by you. Notwithstanding, these Terms are assignable and transferable by Pheenix and will be binding upon and inure to the benefit of your successors and assigns.

 

  1. Entire Agreement, Severability
    These Terms and any documents referenced herein and incorporated by reference constitute the entire agreement between you and Pheenix relating to the Services and supersede all prior and contemporaneous understandings. These Terms shall not be construed against the drafter. If any part of these Terms is held invalid or unenforceable, the remaining parts will remain in full force and effect to the maximum extent permitted by law. The headings in these Terms are for convenience only and shall have no legal or contractual effect.

    Please direct all questions or concerns, including to report any suspected unlawful activity, to abuse@pheenix.com.