This document covers how Wave Motion Digital manages digital resources such as domain names, SSL certificates and DNS records.
- Domain Name Services. This document (the “DNS Terms”) describes the rights and obligations of Wave Motion Digital, LLC. (“Company”) and the Customer in connection with Company’s registration or renewal of domain names for the Customer.
- Domain Name Registration. Upon Customer’s request and subject to these DNS Terms, Company will register an Internet domain name, or renew the Customer’s registration of an existing domain name, on behalf of Customer with a registrar selected by Company and identified below (the “Registrar”).
- Customer Responsibilities. Company’s registration or renewal of any domain name is subject to (i) Company receiving from Customer all information needed from Customer in order to complete such registration, (ii) such domain name not being in violation of any applicable law, rule or regulation or the policies of the applicable Registrar or registry, and (iii) Customer’s compliance with these DNS Terms. Registration of a domain name is subject to availability of such domain name for registration, and Company will not be responsible if a domain name is not available for any reason. Company will also not be responsible for any infringement of third-party rights caused by its registration of a domain name for Customer. Customer waives any claims it may have against Company for, and hereby releases Company of and from, any loss, damage, liability or expense arising out of, or relating to, the registration of such domain name in any online or offline network directories, membership lists or registration lists, or the release of the domain name from such directories or lists following the termination of services by Company for any reason. Customers registering a domain name with Company, but hosting with another provider, will not use Company name-servers to point any portion of their domain names outside of Company IP space and will update Customer’s domain name zone files with Customer’s hosting provider nameserver set. Company will not point Customer zone file records to sub-directories within Customer’s main domain name.
- ICANN and Other Authority. Customer acknowledges that its rights to any domain name registered or renewed by Company are not being granted by Company but are subject to the rules and regulations of ICANN, the Registrar, the registry and applicable law. Customer’s inability to use a domain name shall not entitle Customer to a refund by Company of any fees paid with respect to the registration of such unusable domain name. The domain name for the Customer Web site shall be the property of Customer.
- Domain Name & Secure Certificate (SSL) Renewals. Provided the customer is in good standing, has a valid credit card on file and has not opted-out of such renewal at least 30 days prior to the expiration, Customer’s domain name will automatically renew at Company’s then-current retail rates for the same or closest similar term as Customer’s prior registration. In the event Customer does not wish for such domain name to automatically renew, Customer must use the DNS Manager to opt-out of such automatic renewal. Customer may access the DNS Manager by accessing the support site, or contacting any Company representative. Customer must opt-out of such automatic renewal no less than 30 days prior to expiration of the domain name. Company’s sole responsibility in connection with any such renewal will be to process the renewal using the renewal mechanism provided by the Registrar. Company will have no responsibility or liability for any loss, interruption in service, service error or loss of data caused by the Registrar.
- Registrar Terms and Conditions. Beginning on July 1, 2007, unless the applicable Order specifies another Registrar, all new registrations and subsequent renewals of those registrations will be subject to the NameCheap.com terms and conditions. By submitting any Order to Company for domain name services under these DNS Terms, the Customer agrees to the applicable registrar’s terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the web site of such Registrar from time to time.
- Domain Name Services. Beginning on July 1, 2007, unless the applicable Order specifies another Registrar, all Domain Name Services (DNS) will be subject to the terms and conditions of the following DNS providers:
• DNS Made Easy
By submitting any Order to Company for DNS Services under these DNS Terms, the Customer agrees to the applicable DNS Host’s terms and conditions. If the Order specifies a Registrar other than one listed in this paragraph, the Customer agrees to the terms and conditions of such registrar as the same may be posted on the web site of such DNS Host from time to time.
- Changing Registrars. Company does not generally perform domain name services that require the domain name change registrars. However, if Company, in its sole discretion accepts an Order from Customer for domain name services that requires that the domain name change registrars, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar. The Customer acknowledges and agrees that neither Company nor the gaining Registrar will bear any liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to respond timely to any losing registrar query or request for confirmation.
- Changing Registrar Resellers. If the Customer submits an Order to Company to renew a domain name that was previously registered through a reseller of the Registrar, the Customer acknowledges that it is solely responsible for complying with the acknowledgement policies of the losing reseller and the Registrar. Such acknowledgement policies may require the Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact of the domain name, as reflected in the WHOIS database of the losing registrar, and may also require the Customer to settle any open accounts it has with the losing reseller. The Customer acknowledges and agrees that Company will bear no liability or responsibility for any delay, inconvenience or expiration of domain name registration that occurs as a consequence of the Customer’s failure to satisfy the acknowledgment policies of the losing reseller or the Registrar.
- Renewal and Expiration. The Customer agrees that Company bears no responsibility or obligation to notify Customer of any impending domain name expiration dates and that the Customer is wholly responsible for such deadlines. Although Company may accept Orders for domain name renewals within the forty-five-day (45) day period prior to the impending expiration date of a domain name, Company will have no responsibility for any expiration of a domain name that occurs with respect to any Order submitted to Company within such period.
- Contact Information. The Customer agrees to keep its WHOIS information accurate and up-to-date. The Customer must cause the e-mail address for the Administrative Contact to be the same as the Customer’s e-mail address maintained in Company’s billing records. If the e-mail address for the Administrative Contact is not the same as the Customer’s e-mail address maintained in Company’s billing records, Company may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.
- Other Terms and Conditions. The Wave Motion Digital Terms of Service are incorporated herein by this reference. All fees are fully earned when due and non-refundable when paid.
- Under Construction Page. Customer agrees that upon registration of a domain name with Company, if such domain name is (a) hosted on an Company domain name server and (b) does not otherwise resolve to an active Web site, such domain name will be pointed to a page as designated by Company in its sole discretion (the “Under Construction Page”). The Under Construction Page may be modified by Company at any time in Company’s sole discretion and without notice to Customer. The Under Construction Page may include, without limitation (i) links to additional products and services offered by Company, (ii) advertisements for products and services offered by third-parties, and (iii) an Internet search engine (the “Additional Content”). If Customer does not wish to have Customer’s domain name resolve to the Under Construction Page as described herein, Customer must use the DNS Manager to disable the Under Construction Page. Customer may access the DNS Manager by accessing the support site, or contacting any Company representative.
Updated January 14, 2021