Terms & Conditions

Updated 30 December 2011

Introduction and General Provisions

1.1. Lexsynergy Limited (“LS”) is a domain name management and online brand protection company that is registered as a limited company in England and Wales under Company No. 05992211 with its registered address at 925 Finchley Road, London, NW11 7PE, United Kingdom and VAT No. 912 3846 32.

1.2. LS’s can be contacted at:
United Kingdom
Tel: +44(20) 81331 319
Fax: +43(1) 512 0587
Mail: info@lexsynergy.com
www.lexsynergy.com

1.3. By opening a LS account, the User acknowledges and agrees that it has read and understood these Terms and Conditions (“T&C”) and it agrees to accept these Terms and Conditions as binding upon them. By registering a Domain Name through LS, the User warrants that it is authorised to act in that behalf and further accepts these T&C as agent for and on behalf of a third party (if applicable), so that such third party is bound by the same. If the User does not wish to be bound by these T&C they must refrain from using the Services and not access the Website.

1.4. LS make use of Naming Authority services, which do not fall within its control. The User is therefore advised to familiarise itself with the respective terms and conditions of the Naming Authority. The Naming Authority terms and conditions can be viewed during the registration process of a Domain Name or at the website of the Naming Authority.

1.5. If any links or functionality on the Website is not working and/or defective the User is requested to contact LS to rectify the problem and/or to request the information on that link from LS.

1.6. The headings used in the T&C are for guidance purposes only and are not legally binding. In the event of any inconsistency and/or conflict between the T&C and content of the Website the T&C shall prevail. If any provisions of these T&C are judged to have no legal force or effect then the remaining provisions shall remain valid and enforceable. Singular terms shall include plural and visa versa.

1.7. The User may not assign this agreement or sub-contract or resell any of the Services without LS prior written consent. LS may assign this agreement and/or subcontract any of the Services.

1.8. Neither party shall be liable for failure to perform or delay in performing any obligation (excluding payment) under this agreement if the failure or delay is caused by any circumstances beyond its reasonable control, including but not limited to failure of any communications, telecommunications or computer system.

1.9. The failure to exercise or delay in exercising a right or remedy under this agreement shall not constitute a waiver of the right or remedy.

1.10. Nothing in this agreement shall be construed as creating a partnership or joint venture of any kind between LS and the User.

Definitions

2.1. “Brand Protection Services” means the online domain name recovery and watch services provided by LS comprising advice on the recovery and purchase of domain names (including facilitating the recovery and purchase); preparing, drafting and sending cease and desist communications to infringers; preparing, drafting and submitting domain name complaints that fall under the rules and regulations of the various domain name dispute resolution authorities worldwide and any other services LS agrees in writing to provide to You, including without limitation any Output Materials.

2.2. “ccTLD” means a country code top level domain for example uk, .za, .com.au, which is assigned to a specific country;

2.3. “Data” includes information, documents, text, software, music, sound, photographs, graphics, video, messages and other materials of any kind and in any form;

2.4. “DNS” means domain name server;

2.5. “Domain Name” means a gTLD and/or ccTLD;

2.6. “gTLD” means a generic top level domain for example .com, .net, .org, which is not assigned to any country;

2.7. "Input Material" means any information, data, documents or other materials, and any other record of any information in any form provided by You relating to the Services, whether written or oral or otherwise.

2.8. "Naming Authority" shall mean the governing body for the Domain Name and/or any equivalent body registry and gateway provider responsible for particular types of domain names.

2.9. "Output Material" means any reports, opinions, data, documents, and other materials, and information supplied by LS in the course of providing the Services.

2.10. “Parties” shall include LS and the User;

2.11. “Prices” means the prices displayed on the Website from time to time;

2.12. “Privacy Policy” means the privacy policy accessible on the Website;

2.13. “Registrant” means the individual or organisation that is the applicant for a domain name and who shall be recorded in the Name Authorities database as the owner of a Domain Name;

2.14. “Services” includes, but is not limited to, Domain Name: searches; applications; registrations; renewals; transfers; information; regulations and other services rendered through the Website as well as Brand Protection Services ;

2.15. “T&C” means the whole of this agreement, including any annexure, directives and guidelines published on the Website from time to time;

2.16. “User” shall include any person or entity or its authorised agent that opens an account or registers a Domain Name with LS;

2.17. “Website” means www.lexsynergy.com;

2.18. “Whois” means a database that contains pertinent information about a Domain Name, including but not limited to its availability, Registrant contact, technical contact, administrative contact and expiration date.

3. Amendment to Terms and Conditions

3.1. LS reserves its right to amend the T&C from time to time by giving thirty (30) calendar days notice. Notice will be posted on the Website and may also be made available to the User by such additional means as determined appropriate by LS.

3.2. The User agrees that LS can for a valid reason change part of the Services provided under the T&C by giving like notice. If the User continues to use the Services subsequent to any amendment or revision of the T&C, for a period of thirty (30) calendar days, the User agrees to abide and be bound by the amended or revised T&C.

4. Right to Cancel – Distance Selling Regulations

4.1. If the User is a “consumer” as defined in the Consumer Protection (Distance Selling) Regulations 2000 (as amended, replaced or re-enacted from time to time) it will have the right to cancel the T&C within seven (7) working days of the conclusion of this distance contract provided that the User has not commenced use of any of the Services of LS. Services will have commenced upon the application, registration, transfer-in or renewal of a Domain Name.

5. Licence

5.1. LS grants the User a non-exclusive licence (“the Licence”) to use the Website for the rendering of the Services. The User may not transfer or sub-licence the Licence, unless LS gives its prior written approval.

6. Performance of Services

6.1. LS shall use its best endeavours to render the Services in accordance with accepted professional standards set by Naming Authority. LS does not warrant or guarantee that the performance of the Services will be uninterrupted, secure or error-free.

6.2. LS does not warrant that the Whois is correct and/or complete. Any Whois search result is given without commitment. The decision whether or not to rely on the Whois search is taken at the User’s own risk.

6.3. The accessibility to LS of gTLD and ccTLD Whois records for search, propagation and updating purposes is limited by various factors and is restricted to those gTLD or ccTLD domain name records (or parts) that are actually available at the relevant time; LS does not guarantee coverage of all gTLD or ccTLD domain name records or all parts of such records.

6.4. The regulations and restrictions in respect of each Domain Name is provided by LS as a general guideline and does not constitute advice and/or a comprehensive list of all rules and regulation relating to a specific Domain Name. The User is advised to supplement the regulations and restrictions information with its own independent research via the Naming Authority or the Name Authorities terms and conditions.

6.5. The User acknowledges that it agrees to be bound by all terms and conditions of ICANN's Uniform Domain Name Dispute Resolution Policy (the "UDRP"), as amended from time to time, which is hereby incorporated and made a part of this Agreement by reference for all gTLD domain name registrations or renewals, as well as any other policies adopted by ICANN from time to time.

6.6. LS reserves its right to suspend the Services for repair, maintenance and upgrades.

7. Obligations of User

7.1. The User warrants that it has the power and authority to enter into this agreement.

7.2. The User must comply with all reasonable instructions and requests concerning the Services.

7.3. The User agrees to provide accurate up to date information as it shall be used by LS to notify the User of Domain Name renewals and other information relating to the Services. In accurate information could result in the User failing to receive important notices or reminders and adversely affecting the Domain Name.

7.4. The User agrees that it will supply accurate and up to date information when registering a Domain Name.

7.5. If the User fails to respond for over fourteen (14) working days to LS enquiries concerning the accuracy of contact details it shall constitute a material breach of this agreement and shall be a basis for cancellation of the relevant registrations.

7.6. The User must:

7.6.1. keep its username, password and security phrase secure;

7.6.2. take reasonable steps in matters within its control to reduce the risk of security breaches in connection with the Services;

7.6.3. notify LS of any security breaches; and

7.6.4. comply with LS security checks.

7.7. The User warrants that it will not use the Services to infringe the intellectual property rights of any third party.

7.8. The User will ensure that it or the Registrant complies with the eligibility criteria or restrictions applicable to certain Domain Names imposed by the Naming Authority and shall accept the Name Authorities terms and conditions during the registration process.

7.9. In the event that documentation is required for the registration of a Domain Name, the User undertakes to supply the relevant documents to LS in the specified format with the applicable time period as prescribed by LS from time to time, failing to do so shall constitute a material breach of this agreement.

8. Data

8.1. LS may access, copy, preserve, disclose, remove, suspend or delete any Data:

8.1.1. in the event it is necessary to protect LS or our other customers or the public and/or to minimize the exposure of LS to breach of applicable law or the risk of civil or criminal proceedings and /or to respond to claims of violation of third party rights;

8.1.2. if LS is required to do so by any applicable law or competent authority; or

8.1.3. it is otherwise permitted under this agreement.

9. Domain Names

9.1. A Domain Name registration will usually be approved within 48 hours of placing the order if the information and documentation supplied by the User is accurate and available, or a few days thereafter depending on the Domain Name and respective Naming Authority system or registration process.

9.2. Due to nature and infrastructure of certain Name Authorities a Domain Name registration can take some time to complete for this reason LS does not guarantee or warrant that a Domain Name will be processed with a certain period or with the guideline mentioned above.

9.3. LS will inform the User as soon as reasonably possible if a Domain Name registration is unsuccessful. LS will provide feedback relating to the unsuccessful registration.

9.4. LS will use its reasonable endeavours to register a Domain Name and but does not guarantee success. In the event that a Domain Name is not available domain name, LS shall allow the User to apply for another suitable Domain Name under the same extension.

9.5. No refunds shall be given once a Domain Name is registered by the User.

9.6. A newly registered Domain Name will be hosted on the LS DNS unless LS is otherwise notified at date of the order.

9.7. Certain Domain Name, as determined at the discretion of LS, shall have domains@lexsynergy.com as the default email address for the administrative and technical contact on the Whois. The technical and administrative email addresses supplied by the User during the registration of the Domain Name shall be used by LS to communicate any relevant information or notices to the respective contact. This clause shall also apply to all Domain Names transferred to LS’s control.

9.8. If the User fails to supply LS with sufficient information to register a Domain Name LS shall, at its own discretion, supplement the information with its own.

9.9. Newly registered gTLDs cannot be transferred to another registrar within sixty (60) days of registration.

9.10. Domain names which expire are at risk of cancellation. The User is responsible for paying renewal charges to LS.

9.11. The User must not take any action in reliance on ownership of a Domain Name until the Domain Name is recorded through the Service with the status of “Active” and displays the registration and expiry date.

9.12. The User is bound by all present and future applicable terms and conditions, specifications, procedures, rules and policies of relevant Name Authorities. Such documents are likely to be available on the relevant Naming Authority website and in certain instances on the Website.

10. Domain Name Renewal

10.1. LS shall notify the User via the most recent email address it supplied to LS on the Website.

10.2. LS will not renew domain names if the User has not responded to the renewal notification.

10.3. The LS renewal service does not apply to Domain Names where LS is not named as a billing contact on the Whois immediately prior to the renewal date.

10.4. The onus is on the User to renew the Domain Name using the Services. If the Domain Name is not renewed before the expiry date it will cease to functions and thereafter shall be subject to deleted by the applicable Naming Authority according to its rules and regulations and/or terms and conditions.

10.5. LS is not liable for any loss of service, damage or disruption to Domain Names that have passed their expiry date or not renewed.

Transfer Away from LS

11.1. In the event that LS incurs costs in transferring a domain name out of its control such costs including bank charges will be passed on to the User, which is payable by the User before the transfer is initiated.

11.2. The User shall request the transfer away via fax to +43 1512 0587 on a company letter headed paper authorising LS to transfer the Domain Name to another party. The fax must contain the date, domain name, and domain name holder signature (in the case of an entity is shall be a person authorised to act on it behalf).

12. Email Forwarding

12.1. The User warrants that it will not itself or allow any other third party to use either the email forwarding service:

12.1.1. for spamming, which includes but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list; or

12.1.2. in any way whatsoever which would contravene any applicable legislation or the generally accepted rules for Internet and email usage.

12.2. Since the email forwarding service is free of charge to the User, LS reserves the right to terminate this service, at its sole discretion upon providing the User thirty (30) days written notice.

12.3. The User shall indemnify and keep LS fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of the Users obligations in this clause 12.

13. URL Forwarding

13.1. LS may make available to the User upon its request a URL forwarding service in respect of a Domain Name registered through the Service. This service comprises the automatic forwarding of Internet users who type in the User’s Domain Name in the address bar of their Internet browser, to another domain name designated by the User.

13.2. Without prejudice to any other rights or remedies which LS may have, the User agrees that LS shall have the right at its sole discretion to suspend or terminate the URL forwarding service without notice to the User in the event of any breach of the User’s obligations in clause 13, or if LS determines in its sole discretion that the URL forwarding service is being used for any unlawful or harmful purpose, or is forwarding users to a website or URL which is inappropriate or offensive, or infringes any third parties intellectual property rights, or in order to deal with any complaint from any third party in relation to the URL forwarding involved in the User’s URL forwarding service.

13.3. The User shall indemnify and keep LS fully indemnified against all claims, proceedings, expenses, liabilities, costs, loss or damage arising out of any breach of any of the Users obligations in clause 13.

13.4. Since the URL forwarding service is free of charge to the User, LS reserves the right to terminate this service, at its sole discretion upon providing the User thirty (30) days written notice.

13.5. Domain Name registered using the Services may be pointed by LS to the Website if the User makes use of LS DNS and not the URL forwarding service. If the User does not wish its Domain Name to forward to the Website, the must change the DNS to those other than those of LS.

14. Brand Protection Services

14.1 THE USERS ATTTENTION IS SPECIFICALLY DRAWN TO THE FACT THAT LS IS NOT A LAW FIRM AND IS NOT REGULATED BY THE SOLICITORS REGULATION AUTHORITY.

14.2 LS reserves the right at its absolute discretion to refuse to provide the Brand Protection Services to the User. In particular, but without limitation, LS will reject an offer if:-

14.2.1 the information or data supplied by the User is incomplete or incorrect;

14.2.2 the User does not provide all the other data, material and information requested by LS.

14.3. LS will be under no obligation to supply the Brand Protection Services until:-

14.3.1 it has received all material, information and facilities it has reasonably asked the User to supply to enable it to provide the Brand Protection Services; and

14.3.2. the User has settled in full all invoices.

14.4 For the avoidance of doubt, the Brand Protection Services do not include the issue or conduct of court proceedings, the preparation of documents in proceedings before a court, advocacy before a court, or any other work involving or relating in any way to court proceedings, whether preliminary or otherwise.

14.5. The User warrants that:

14.5.1 all Input Material is true, accurate and complete in all respects and the User will notify LS immediately in writing of any changes to any Input Material; and

14.5.2. the Users use of the Brand Protection Services will comply with all applicable laws, regulations and codes of practice.

14.6. It is the Users responsibility to ensure that:

14.6.1. it complies with all requests from LS for information, documents and other material within the time limits specified by LS for the supply of such information, documents and other material; and

14.6.2. comply with all obligations, duties and regulations (whether statutory or otherwise) arising in any way, and whether directly or indirectly, out of the User commissioning and/or use in any way of the Brand Protection Services or any Output Material.

14.7. Lexsynergy reserves the right at its absolute discretion to suspend, withdraw, or terminate the provision of the Services at any time without notice.

15. Payment

15.1. The User shall pay all fees (together with VAT, if applicable) as specified in the LS price list available on the Website.

15.2. The User shall make payment via the credit card payment system or via funds which have previously been credited to the Users account. All payments shall be made in advance.

15.3. Payments are made without deduction or set-off and time for payment shall be during the registration process.

15.4. All fees are non refundable unless otherwise stated.

15.5. The User shall not receive a refund for misspelled or inaccurate Domain Names.

15.6. LS shall be entitled to claim an additional fee after registration of a Domain Name due to currency fluctuations or the increase of the Name Authority fee that occurred on or before the date of registration. The currency fluctuation shall be calculated according to the exchange rate as determined at http://www.xe.com/ucc/convert.cgi on the date of registration.

16. Limitation of Liability and Indemnity

16.1. The use of the Website and the Services is at the User’s own risk.

16.2. Nothing in this clause (and any other clause excluding or restricting our liability) applies to LS directors, officers, employees, subcontractors, agents and affiliated companies.

16.3. Our liability in contract, tort (including negligence) or otherwise in connection with this agreement or the Services for any one event or series of related events is limited to 125% of the fee LS received for the relevant Service in the 12 months before the event(s) complained of.

16.4. In no event (including LS’s own negligence) will LS be liable for any:

16.4.1. economic losses (including, without limit, loss of revenues, profits, contracts, business or anticipated savings);

16.4.2. loss of goodwill or reputation;

16.4.3. special, indirect or consequential losses; or

16.4.4. damage to or loss of Data even if LS have been advised of the possibility of such losses.

16.5 In no event may the User bring any claim against LS more than 12 months after The User knew of (or ought reasonably to have discovered) the event(s) giving rise to the potential liability.

16.6 LS has no liability for any third party goods and services or towards third parties generally.

16.7 To the extent allowed by law, LS exclude all conditions, terms, representations and warranties, whether imposed by statute or by law or otherwise, that are not expressly stated in this agreement including, without limit, the implied warranties of satisfactory quality and fitness for a particular purpose.

16.8 The User will indemnify LS and all Naming Authorities (including LS and its directors, officers, employees, subcontractors, agents and affiliated companies) against all claims, damages, liabilities, costs (including reasonable legal fees) directly or indirectly related to the Users registration of or use of its Domain Name, its use of the Services or breach by it of this agreement.

16.9 The User will also indemnify, defend and hold harmless VeriSign Inc and its wholly owned subsidiaries ("VNDS")" and its directors, officers, employees, agents, and affiliates from and against any and all claims, damages. liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to the Registered Name holder's domain name registration.

17. Privacy

17.1 LS shall process the Users personal data only in accordance with the Privacy Policy accessible on the Website.

17.2 The User also confirms that it has shown the Privacy Policy to, and obtained similar consent from, any third party individuals whose personal data the User has supplied to LS and who will continue do so in future.

18. Termination

18.1 LS or the User may terminate this agreement (as regards some or all of the Services) at any time for any reason by giving thirty (30) days written notice.

18.2 LS or the User may terminate this agreement (as regards some or all of the Services) immediately on written notice if the other:

18.2.1 commits a material breach of this agreement and, if remediable, having received from the other party written notice stating the intention to terminate the agreement if not remedied, fails to remedy the breach within fourteen (14) days; or

18.2.2 is subject to a resolution for winding up or a petition for bankruptcy or liquidation or proposes or enters any arrangement or composition with assignment with or for creditors or a receiver or liquidator or trustee in bankruptcy is appointed over it or any of its assets or any similar circumstances.

18.3 LS may also terminate this agreement (as regards some or all of the Services) and/or suspend some or all of the Services immediately on written notice:

18.3.1 in the event it is necessary to protect LS or our other customers or the public and/or to minimize our exposure to breach of applicable law or the risk of civil or criminal proceedings and /or to respond to claims of violation of third party rights;

18.3.2 if the User has otherwise breached this agreement including non-payment;

18.3.3 if LS is required to do so by any applicable law or competent authority; or

18.3.4 it is otherwise permitted under this agreement.

18.4 The consequences of termination of this agreement or suspension of Services include:

18.4.1 LS immediately stopping the supply, termination of access to, the relevant Services - this may involve irretrievable damage to or loss of data generated, stored, transmitted or used via or in connection with the Services and / or LS may destroy any such data;

18.4.2 termination of the licence granted by LS;

18.4.3 any fees due remain payable and, if already paid, will be non-refundable unless:

18.4.3.1 User has cancelled this agreement in accordance with the Distance Selling Regulations and subject to clause 18; or

18.4.3.2 LS has terminated this agreement under clause 18.1 or 18.2 (excluding domain registration and renewal fees paid to registries); or

18.4.3.3 accrued rights and liabilities will be unaffected; and

18.5 The clauses in this agreement which are expressed or intended to survive the termination of this Agreement shall survive.

19. Intellectual Property Rights

19.1 LS retains ownership of all intellectual property rights relating to development or supply of the Services including all methodologies, know-how and processes used and in any information, reports, documents, software or other Data created by LS as part of the Services (together described below as "the Materials").

19.2 LS grants the User a non-exclusive licence to use, store and view on your internal computer network and print up to 10 hard copies strictly for your reasonable business or personal use that part of the Materials LS make available to the User. The Materials may not be otherwise used, copied or transmitted without our prior written consent.

19.3 Lexsynergy is a registered UK Trade Mark. The User is not entitled to use the Lexsynergy trade mark without the prior written consent of LS.

20. Domain Name Disputes

19.1 In the event of a domain name dispute LS agrees to abide by the applicable Name Authorities domain name dispute resolution policy in addition to abiding by any interim instruction given by the relevant Naming Authority and/or legal authority.

21. Commencement and Duration

20.1 The provisions of this agreement will commence immediately when the User accepts the terms and conditions as part of the User account registration processes. The duration in respect of the Services shall be subject to duration of the Services.

22. Jurisdiction

22.1 The T&C are governed by English law and is subject to the exclusive jurisdiction of the courts of England & Wales.

Please visit the ICANN link that indentifies registrant rights and responsibilities under Section 3.15 of the 2009 RAA http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm.

When registering a .lt domain name the registrant agrees to be bound by the following regulations https://www.domreg.lt/static/doc/public/procedural_regulation-en.pdf.