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Best Domain Name Reseller Agreement

Last Updated on April 15th, 2021.


This Domain Name Registration Agreement ("Agreement") is by and between THE BEST SAS ("Best") acting as reseller for HOSTEUR.COM the Best sponsoring registrar identified in the WHOIS record (the “Best Registrar”; Each sponsoring registrar, including Best Registrar shall be deemed hereinafter “Registrar”) and you, your heirs, agents, successors and assigns ("You"), and is made effective as of the date of your electronic acceptance of its terms.

This Agreement sets forth the terms and conditions of Your use of .Best Domain Name Registration (herein the "Services") and together with the relevant provisions included in the General Terms of Use for Best services (as can be viewed at https://app.best/terms ; the "General Best Terms") represents the entire agreement between You and Best in connection with the .Best Domain Name registration.

Best initially registers .Best Domain Names with a Registrar as as reseller, however, may freely transfer Your .Best Domain Name to another Registrar including to Best Registrar upon renewal of Your Services, and you hereby acknowledge and agree to such transfer. In each case, the term “Registrar” shall be changed accordingly to reflect such updated registrar, and accordingly, any registration of a Domain Name through a Registrar is subject, in addition to the terms of this Agreement, to the terms of service of the applicable Registrar, which are incorporated here by reference. It is your sole responsibility to identify Your Registrar by retrieving Your registration data from https://whois.nic.best/, and consequently to read and conform to the applicable Registrar’s terms of service.

For your convenience :

In the event of a conflict between this Agreement and the applicable Registrar’s terms of service - the terms of this Agreement and the Best Domain Name Registration Agreement shall prevail.

You acknowledge that Best's acceptance of any application made by You for registration of a .Best Domain will take place at the Internet Corporation for Assigned Names and Numbers ("ICANN") via Best.

By participating in this transaction, You acknowledge that You have read, understand and agree to be bound by all the terms and conditions of this Agreement and any other agreement incorporated herein by reference, including the dispute resolution policy and the ICANN Transfer Dispute Resolution Policy.

In addition to transactions entered into by You on Your behalf, You also agree to be bound by the terms of this Agreement for transactions entered into on Your behalf by anyone acting as Your Agent, and transactions entered into by anyone who uses the account You've established with Best, whether or not the transactions were in Your behalf.

You agree that such agreement may be modified in order to comply with applicable laws and regulations and/or the terms and conditions set forth by the ICANN and/or the .Best Registry, as well as any registration rules or policies that may be published from time to time by Best and/or by the .Best registry.

  1. AGREEMENT TO BE BOUND

By applying for the Services through the Best online application process or otherwise, or by using the Services provided by Best under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated herein by reference.

  1. REGISTRATION OF DOMAIN NAMES –TERMS

2.1. Security

Best does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.

2.2. Transfers and Licensing

You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration through Best. In addition, you agree that you may not transfer your domain registration to another domain name registrar for sixty (60) days after there has been a change in your Primary Contact information or WHOIS Administrative Contact information for your account(s). You may transfer your domain name registration to a third party of your choice, subject to the procedures and conditions as set forth in the applicable Registrar terms of service. The transfer of a domain name registration services to a third party, shall not release you in any way from your obligation to comply with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee's wrongful use of our domain name registration services.

2.3. Disclosure of Information

Subject to the requirements of the Best Privacy Policy, in order for Best and the Registrar to comply with current rules and policies for the domain name system, you hereby grant to Best and to the Registrar the right to disclose to third parties through an interactive publicly accessible registration database (such as WHOIS) the following mandatory information that you are required to provide when registering or reserving a domain name:

(a) the domain name(s) registered by you;

(b) your name and postal address;

(c) the name(s), postal address(es), email address(es), voice telephone number and where available the fax number(s) of the technical, administrative and billing contacts for your domain name(s);

(d) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s);

(e) the corresponding names of those nameservers;

(f) the original creation date of the registration; and

(g) the expiration date of the registration. If you are an individual who wishes to opt out of having your information displayed in the WHOIS database, you must choose the Private Registration service as provided on the Website. You consent to allow us to transmit this registration data to an ICANN approved or designated escrow agent who stores this information pursuant to ICANN requirements.

2.4. Domain Name Dispute Policy

If you registered a domain name through Best, you agree to be bound by the current domain name dispute policy of ICANN (the "Dispute Policy") that is incorporated herein and made a part of this Agreement by reference. The current version of the ICANN domain name dispute policy may be found at: www.icann.org/dndr/udrp/policy.htm. In the event of any inconsistency between the provisions in this Agreement and those in the Dispute Policy, the provisions of this Agreement shall prevail. You are aware of the fact that the Dispute Policy may be modified from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement.

The Dispute Policy shall govern any dispute with any third party regarding your use of the domain name. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until

(a) we are directed to do so by the judicial or administrative body, or

(b) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.

2.5. No Guarantee

You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.

Best makes no guarantees, representations or warranties that your proposed registration request for a domain name, even if suggested by Best, will be accepted by the applicable registry or that it will not infringe third party rights. You acknowledge and agree that the proposed registration request for a domain name(s) submitted by Best and/or by the Registrar to any registry may fail or be rejected by the applicable registry for any number of reasons, including, but not limited to, the fact that your proposed registration request for a domain name was not first in time. You acknowledge and agree that the successful registration will depend upon a number of different factors that Best cannot predict or control. You hereby assume all liability for the domain name you chosen, even if suggested by Best, and acknowledge that in the event that the domain name infringes third party rights or is otherwise prohibited, it may be subject to arbitrary or other legal proceeding even after its registration.

2.6. Cancellation

You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to:

(a) correct mistakes made by Best, another registrar or the registry in registering your chosen domain name:

(b) to resolve a dispute under the Dispute Policy: or

(c) to remedy an unauthorized change in the domain name account.

2.7. Registrar Change & Transfers

You agree that Best may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request from Best. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by ICANN related to the transfer of domain names, it is possible for your domain name to be transferred to another registrar even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third parties, including but not limited to registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse a domain name transfer, whether or not the transfer was approved by you

2.8. Domain Protect

You agree that Best may, but are not obligated to, place your domain name registration in a Domain Protect status to prevent unauthorized transfers of your domain name registration, as described on the Website. You acknowledge and agree that in order to transfer a domain name registration that is in a Domain Protect status, you may first have to access the account manager tool on our Website and remove the domain name registration from Domain Protect status.

2.9. Expired Domain Names

You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may 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 temporary page, and you agree that we may place our contact information in the WHOIS output for the expired domain name.

2.10. Transfer of Domain

Should you not renew the domain name during any applicable grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name to Best or a third party on your behalf, in any manner Best desires, and your failure to so notify us after the domain name expiration date shall constitute your consent to such a transfer. Best will provide you a notice of such transfer, after it is completed, via email. It is made clear that Best may affect such a transfer of a domain in event of termination of this Agreement as result of your breach of its terms. You agree that we shall have no obligation to pay you or compensate you in any other way, and you shall have no right to receive, proceeds, if any, in connection with such transfer of a domain.

2.11. Registry Actions or Inactions

The ability of Best (and of the Registrar) to provide services to you depends in part upon the provision of services by third parties, such as the applicable .Best domain name registry which provides Generic Top Level Domains ("gTLDs") services. Best cannot control and will not be responsible for the actions or inactions of such third parties. You acknowledge and agree that Best shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the applicable .Best registry.

2.12. Indemnification

In addition to the provisions of Section 15 of the Best General Terms of Use, you are to indemnify, release, defend and hold Best harmless for all liabilities, claims, damages, costs and expenses arising out of:

(a) your breach of any terms of this Agreement;

(b) any violation of a third party's right related to your registration;

(c) any dispute with the applicable registry or a third party arising out of your registration;

(d) any dispute related to the submission of your registration to the applicable registry; or

(e) any use of the domain name(s) that you register with the applicable registry.

2.13. Disclaimer Concerning Intellectual Property Protection

THE REGISTRATION OF A DOMAIN NAME DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS, RIGHTS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION.

2.14. Registrants' Benefits and Responsibilities: 

2.15. ICANN Registrant Educational Materials: http://www.icann.org/en/resources/registrars/registrant-rights/educational

3.FEES AND PAYMENT

In consideration for the Services you purchased, you agree to pay the applicable service(s) fees as set forth on the Best App or website (the "Website") at the time of your purchase of such Services from Best all in accordance with the payment terms as set forth on the Best App or website.

Unless if explicitly stated otherwise on the Best App or Website, all fees for Domain Registration are due immediately and are non-refundable.

You agree to pay all value added, sales and other taxes (other than taxes based on Best income) related to the Services or payments made by you hereunder. Unless stated otherwise on the Best App or Website, all payments of fees for Best Services shall be made in Euros.

You are solely responsible for the credit card or payment information you provide to our third-party payment providers (Google or Apple) and you must promptly inform them of any changes thereto (e.g., change of expiration date, …). 

  1. TERM AND RENEWAL

In order to ensure that you do not experience any interruption or loss of services, the Services and any other service associated thereto (i.e. privacy/proxy service) are set to automatically renew, by default, according to which, unless you turn-off the auto-renewal option, such Services will automatically renew upon the end of the applicable Service period, for the same term then-currently in place for the Services, and at the then-current price for the Services (which may be higher or lower than the original price for the Services).

Our Best third partty payment providers (Apple or Google) will attempt to charge your payment method on file, for the renewal fee within up-to 30 days before the expiration date of the Domain and extends the registration for an equivalent period as the original period.

You are solely responsible for ensuring that the payment method You have on file with our Best third partty payment providers is current and valid. By entering into this Agreement, You acknowledge the automatic renewal terms of the Services as indicated herein and You authorize Best to charge the applicable fees to your authorized method of payment until You turn-off the auto-renewal.

?IT IS HEREBY MADE CLEAR THAT YOU ARE SOLELY RESPONSIBLE FOR ENSURING THE SERVICES ARE RENEWED. BEST SHALL HAVE NO LIABILITY TO YOU OR ANY THIRD PARTY IN CONNECTION WITH THE RENEWAL AS DESCRIBED HEREIN, INCLUDING, BUT NOT LIMITED TO, ANY FAILURE OR ERRORS IN RENEWING THE SERVICES.?

You acknowledge and agree that upon renewal of your Services, Best, at its sole discretion, may transfer Your Domain Name to another Registrar, including Best Registrar, in accordance with the terms herein.

  1. PERSONAL INFORMATION

Best relies on the information you provide it (as part of the registration process) to send you important information and notices regarding your account and our services. You agree to:

(1) provide certain true, current, complete and accurate information about you as required by the application process; and

(2) maintain and update according to the modification procedures the information you provided to Best when purchasing the Services as needed to keep it current, complete and accurate.

  1. PRIVACY

The purchase of the Services hereunder is subject to the Best Privacy Policy (which can be viewed at: https://app.best/privacy. You agree that Best, in its sole discretion, may modify its Privacy Policy from time to time. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.

  1. TERMINATION<

Best may terminate this Agreement or any part of the Services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 4 of this Agreement, if we determine in our sole discretion that you have violated the Best General Terms of Use which is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if Best terminates or significantly alters its services offering. Without derogating form the forgoing, if you breach any term of this Agreement, Best may, in its sole and exclusive discretion, suspend or terminate your Services immediately and without notice to you. Service Fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Service Fees that accrue during the period of suspension.

Except as otherwise expressly set forth herein or on the Website, Best will cease charging your credit card, if applicable, for any Service fees as of the expiration of the billing cycle in which the termination is effective. Unless otherwise specified in writing by Best, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a subscription term being paid for over time). It is agreed that upon termination for any reason, Best may delete all information related to you on the Best service, if applicable.

If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Best incurs in closing your account. You agree to pay any and all costs incurred by Best in enforcing your compliance with this Section.

  1. REFUSAL RIGHT

Best, in its sole discretion, reserves the right to refuse to register a chosen domain name, or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such domain name. In the event we do not register your chosen domain name or we delete your chosen domain name within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, the deletion of your chosen domain name or refusal to register you for other Best service(s).

  1. MODIFICATIONS

Except as otherwise provided in this Agreement, you agree during the term of this Agreement, that Best may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective upon posting of the revised Agreement or change to the service(s) on Best Website, or upon notification to you.

You agree to periodically review the Website, including the current version of the Best General Terms of Use and this Agreement (as provided on the Website), to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice. Notice of your termination will be effective on receipt and processing by us. By continuing to use Best Services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes.

No employee, contractor, agent or representative of Best is authorized to modify or amend the terms and conditions of this Agreement.

  1. AGENTS

You agree that, if your agent, (e.g., any person or entity acting in your name and/or on your behalf) purchased Services form Best on your behalf, you shall be nonetheless bound as a principal by all terms and conditions herein (and/or in the Best General Terms of Use and/or in the applicable Registrar’s terms of service ). Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our Services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement (and other agreement incorporated by reference), that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.

  1. WAIVER

No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Best. The remedies of Best under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.

  1. FORCE MAJEURE

Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond the reasonable control of the a party, provided that the party relying upon this section(i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and(ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Best may immediately terminate this Agreement.

  1. INCORPORATION BY REFERENCE

It is hereby agreed that the provisions of applicable Registrar’s terms of service (including the Best Registration Agreement, if applicable) which include additional provisions relating to the purchase and registration of different domain names are expressly incorporated herein by reference, and shall be deemed as an integral part of this Agreement

  1. SURVIVAL

In the event this Agreement terminates as provided herein, Sections 2, 4, 7, 11, 12 and 13 of this Agreement shall survive such expiration or termination.

  1. LANGUAGE

These Terms of Service were written in English. If a translated (non-English) version of these Terms of Service conflicts in any way with their English version, the provisions of the English version shall prevail.

  1. SUPPORT

To get in touch with our Customer Service - please use any of the options listed below, go to the Best contact form which is available at: https://app.best/contact

CONTACT

If you have any questions, concerns or complaints about our Privacy Policy, our practices or our Services, you may contact our Office.

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We will respond to all requests, inquiries or concerns within thirty (30) days.