Spark Rack

Domain Registration Policy


Last updated on September 13th, 2021

For the Spark Rack Domain Name Registration Services (the “Services”), along with the Services Agreement located www.sparkrack.com/legal/terms-of-services, the following additional terms and conditions also apply (collectively, the “Agreement”):

1. Services.
Upon Customer’s request and further subject to this Agreement, Spark Rack will register an Internet domain name or renew the Customer’s registration of an existing domain name (the “Domain Name”), on behalf of Customer, with a registrar selected by Spark Rack (the
“Registrar”). Beginning on the date renewed, and unless the applicable Services order (the “Order”) specifies another Registrar, the Registrar for the Services shall be eNom dba Namecheap, and all new registrations and subsequent renewals of those registrations will be subject to the Namecheap.com terms and conditions.

2. General.
The Services shall begin on the date Customer orders the Services and shall run for the term specified in the Order. Customer acknowledges and agrees that the Services term may be different than the registration term of the Domain Name associated with the Services. If a Domain expires and is deleted before the end of the term of the Services, then the Services associated with the Domain Name will terminate when the Domain is deleted and that there will be no refund for any resulting unused portion of a Services term. If the Services term ends while the registration term for a Domain Name is still ongoing, then the Services will no longer be provided, Customer’s personal information will be listed in the WHOIS database for the Domain Name, and the communications forwarding services outlined herein will no longer be provided.
Registration of a Domain Name is subject to availability of such Domain Name for registration, and Spark Rack will not be responsible if a Domain Name is not available for any reason. Spark Rack will further not be responsible for any loss, damage, liability or expense arising out of, or relating to, the registration of a 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 the Services by Spark Rack. If Customer registers a Domain Name with Spark Rack, but hosts their Website with another provider, Customer agrees not use Spark Rack name-servers to point any portion of their Domain Name outside of Spark Rack IP space and will update Customer’s Domain Name zone files with Customer’s hosting provider nameserver set. Additionally, Spark Rack will not point Customer zone file records to subdirectories within Customer’s main Domain Name. Without limitation on other remedies which may be available under such circumstances, upon breach of the Agreement, Customer agrees that Spark Rack may assume complete ownership of the Domain Name, that the Domain Name may be sold to a third party, or that the Domain Name may be pointed to IP numbers of Spark Rack’s choosing, and that Spark Rack may immediately cancel Customer’s Account and all Services provided to Customer hereunder.

3. Customer Responsibilities.
The registration or renewal of any Domain Name under this Agreement is subject to (i) Spark Rack 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, (iii) such Domain Name not infringing on the rights of any third party, (iii) ) Customer will use the Services in good faith and that Customer has no knowledge or reason to believe that Domain or the content found at any associated IP address infringes upon or conflicts with the legal rights of any third party or any third party’s trademark or trade name, (iv) neither the Services nor Domain(s) will be used in connection with any illegal or morally objectionable activity, or, in connection with the transmission of unsolicited commercial email. and (v) Customer’s compliance with this Agreement.

4. Accurate Contact Information.
Customer agrees to keep its WHOIS information accurate and up-to-date. Customer must cause the e-mail address for the administrative contact of the Domain Name (the “Administrative Contact”) to be the same as the Customer’s e-mail address maintained in Spark Rack’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 Spark Rack’s billing records, Spark Rack may (but will have no duty to) change the e-mail address for the Administrative Contact in the WHOIS records of the registrar.

5. ICANN Regulations.
Customer acknowledges that its rights to any Domain Name registered or renewed by Spark Rack are not being granted by Spark Rack but are subject to the rules and regulations of the Internet Corporation for Assigned Names and Numbers (“ICANN”), the Registrar, the related registry and applicable law. As such, in addition to this Agreement Customer agrees to also abide by any and all terms and conditions promulgated by ICANN including the Uniform Domain Name Dispute Resolution Policy (“UDRP”), as well as any policy that ICANN has established or may establish with respect to Domain Names and/or WHOIS information. Customer’s inability to use a Domain Name shall not entitle Customer to a refund by Spark Rack of any fees paid with respect to the registration of such unusable Domain Name. Additional ICANN materials as well as Customer’s rights and responsibilities as a domain name registrant under the ICANN Registrar Accreditation Agreement can be found at http://www.icann.org/en/registrars/registrant-rights

6. Domain Name Renewals.
Provided Customer is in good standing with Spark Rack, is not in breach of this Agreement, has a valid credit card on file with Spark Rack and has not opted-out of such renewal at least thirty (30) days prior to the expiration of the Domain Name, Customer’s Domain Name will automatically renew at Spark Rack’s then-current retail rates. In the event Customer does not wish for such Domain Name to automatically renew, Customer must use the Spark Rack DNS Manager to opt-out of such automatic renewal. Customer may access the DNS Manager via the Spark Rack support website or by contacting Spark Rack customer service. Customer must opt-out of such automatic renewal no less than thirty (30) days prior to expiration of the Domain Name. Customer waives any requirement to obtain Customer’s ongoing affirmative consent to any such automatic renewal. Customer will keep Customer’s credit card information current and accurate, including the expiration date. If Customer is not in good standing or Spark Rack is unable to collect renewal or other fees, Customer agrees that Spark Rack
may suspend or terminate the Services and, as a result, such Domain Name registration will not be processed.

7. Domain Expiration.
Customer agrees that Spark Rack bears no responsibility or obligation to make sure Customer renews the domain name registration prior to expiration and that the Customer is wholly responsible for being aware of and acting upon such deadlines. Although Spark Rack may accept an Order for a Domain Name renewal within the forty-five (45) day period prior to the impending expiration date, Spark Rack will have no responsibility for any expiration of a Domain Name that occurs with respect to an Order submitted within such period. Prior to expiration, Spark Rack will send notifications with instructions for renewal via email to the primary account holder. Customer agrees that Spark Rack may, but is not obligated to, allow Customer to renew Customer’s domain name registration services after the domain name expiration date has passed. If the domain name registration is not renewed prior to expiration a notification will be sent via email to the primary account holder shortly following expiration, providing notice that the domain name has expired and providing instructions for renewal for an additional fee. Customer agrees that after the expiration date of the domain name registration and before it is deleted or renewed, Spark Rack may direct the domain name to an IP address designated by Spark Rack that states the domain name registration has expired with instructions for renewal and may further direct the domain name to, without limitation, an IP address which hosts a parking, under
construction or other temporary page that may include promotions and advertisements for, and links to, (i) Spark Rack, (ii) Spark Rack product and service offerings, (iii) third-party Websites, (iv) third-party product and service offerings, (v) and/or Internet search engines, and Customer agrees that we may place our contact information in the WHOIS output for the expired domain name.

8. Changing Registrars.
Spark Rack does not generally perform Domain Name services that require the changing of Registrars, however if Spark Rack, in its sole discretion, accepts an Order from Customer for Services that require that the Domain Name change Registrars, Customer acknowledges that Customer is solely responsible for complying with the acknowledgement policies of the losing Registrar. Such acknowledgement policies may require Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar. Customer acknowledges and agrees that neither Spark Rack 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.

9. Changing Registrar Resellers.
If Customer submits an Order to Spark Rack to renew a Domain Name that was previously registered through a reseller of the Registrar, 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 Customer to respond to an e-mail sent to the e-mail address for the Administrative Contact, as reflected in the WHOIS database of the losing Registrar, and may also require Customer to settle any open accounts it has with the losing reseller. Customer acknowledges and agrees that Spark Rack 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.

10. Under Construction Pages.
Customer agrees that upon registration of a Domain Name with
Spark Rack, if such Domain Name is hosted on an Spark Rack Domain Name server and does not
otherwise resolve to an active Web site, such Domain Name will be pointed to a page as
designated by Spark Rack in its sole discretion (the “Under Construction Page”). The Under
Construction Page may be modified by Spark Rack at any time in Spark Rack’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 Spark Rack, (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 Spark Rack DNS Manager to disable the Under
Construction Page option.

11. Domain Expiration Protection.
Domain Expiration Protection is a service that prevents a Domain Name registered to you from becoming available to other parties for purchase if it is not successfully renewed prior to the expiration of its then-current term. You must have this service in place as of the date of expiration of the related Domain Name in order for the service to apply, whereby under this program you will have one (1) year from the date of expiration of the Domain Name to renew such expired Domain Name (the “Expiration Period”). During the Expiration Period, the Domain Name will remain inactive, will not be registered to you and you will not have access to such Domain Name unless and until it is renewed by you along with payment made for our standard renewal fees. Only the registrant of the expired Domain Name will be permitted to renew the Domain Name during the Expiration Period and must do so over the phone by calling Spark Rack Customer Service. Renewals of Domain Names during the Expiration Period will be subject to the Spark Rack then-current rates. In the event you do not renew the Domain Name during the Expiration Period, the Domain Name will automatically be made available to other parties for purchase at the end of the expiration Period. Additionally, during the Expiration Period, Spark Rack may (i) direct the Domain Name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other page that may include promotions and advertisements for, and links to, Spark Rack’s Website and Spark Rack’s products and service offerings, third-party Web sites, third-party product and service offerings, and/or Internet search engines and (ii) modify the contact information listed in the WHOIS record from information provided by you to information designated by Spark Rack. In the event the Domain Name is transferred to another Registrar the Domain Expiration Protection service is immediately terminated upon transfer.

12. Reservation of Rights.
Customer acknowledges and agrees that Spark Rack has the absolute right and power, in its sole discretion and without any liability to Customer whatsoever, to suspend the Services, close Customer’s account, terminate provisioning of the Services, list Customer’s personal information in the WHOIS output or unmask or otherwise provide the Customer’s personal information to a claimant or other party to resolve any and all third party claims, whether threatened or made, arising out of Customer’s use of the Domain Name or the Services, or to take any other action which Spark Rack deems necessary, in the event that (i) the Domain Name is alleged to violate or infringe a third party’s trademark, trade name, copyright interests or other legal rights of third parties; (ii) Customer breaches any provision of this
Agreement; (iii) Customer breaches any provision of the Registrar Terms; (d) if necessary to protect the integrity and stability of the applicable Domain Name registry; (e) if necessary to comply with any applicable laws, government rules or requirements, subpoenas, court orders or requests of law enforcement; (f) if Spark Rack is named as a defendant in, or investigated in anticipation of, any legal or administrative proceeding arising out of Customer’s use of the Services or Domain Name; (g) if necessary to comply with ICANN’s Dispute Resolution Policy or other policies promulgated by ICANN (including policies which may preclude using a service such as Private Domain Registration); (h) if necessary to avoid any financial loss or legal liability (civil or criminal) on the part of Spark Rack, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors and employees; or (i) any violation of the Spark Rack Acceptable Use Policy. In the event Spark Rack takes any of the actions set forth herein or in the event Customer elects to cancel the Services for any reason, Spark Rack will not refund any fees paid by Customer for the Services.