Agreement Introduction
This agreement is a legal contract between Hoyist and all of our customers. By using any service provided by or affiliated with Hoyist, you are legally bound by this agreement. Read it carefully before signing up and ensure you understand and agree to all parts. The use of our services implies your agreement with this contract.
Questions?
Any questions regarding this agreement should be sent to Hoyist’s sales department prior to domain registration.
Registration Agreement
This Registration Agreement (“Agreement”) outlines the terms and conditions for your use of domain name registration and related services (“Services”). In this Agreement, “you” and “your” refer to you, the customer, and the registrant listed in the WHOIS contact information for the domain name. “We,” “us,” and “our” refer to Hoyist and the registrars listed at the bottom of this document, any of which may be the registrar for your domain name. All of these entities share common ownership, terms and conditions, and a shared Services infrastructure. To determine which registrar your domain name is registered with, you can perform a WHOIS lookup. You obtain the Services through a Primary Service Provider, PDR LTD, with whom we have a wholesale relationship. Your relationship with your Primary Service Provider may be governed by additional terms. We may use third-party domain registrars or service providers to register and manage your domain on your behalf.
You Agree to This Agreement
By using the Services, you agree to all terms and conditions of this Agreement, the Uniform Domain Name Dispute Resolution Policy (UDRP), and any rules, policies, or agreements published in association with specific Services and/or enforced by ICANN, the registries, and governments.
Passage of Time
This Agreement will change over time. We will make every effort to provide you with at least 7 days’ notice of any changes to this agreement. If you continue to use the Services after a change, your continued use indicates your consent to those changes. Your only remedy for disagreeing with a change is to transfer your domain name registration services to another registrar or request that we cancel them. Any such revision will become effective 30 days after the revised Agreement is posted to our website, or 15 days after you view it or are notified via the email address associated with your account. You agree to review this Agreement periodically to make yourself aware of any such revisions.
Your Account
You must create an account to use the Services. Your account is typically managed by your Primary Service Provider. You are responsible for all activity that occurs on your account, including maintaining the security of your login IDs and passwords.
Service(s) Provided at Will and Termination of Service(s)
We and your Primary Service Provider may reject your domain name registration application or discontinue providing Services to you for any reason within 30 days of a Service initiation or renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which includes, without limitation, the registration of prohibited domain names, abuse of Services, payment irregularities, serious allegations of illegal conduct, or if your use of the Services violates an Internet Service Provider’s (ISP) acceptable use policies, such as sending unsolicited bulk email. If we have grounds to terminate or suspend Services for one domain or service, we may terminate or suspend all Services provided through your account. No fee refund will be made when there is a suspension or termination of Services for cause.
We may also terminate Services for any other reason with 30 days' notice sent via mail or email to your WHOIS contact information. If we terminate Services for a reason other than cause, we will attempt to refund your fees. You also acknowledge that your domain registration is subject to suspension, cancellation, or transfer by any ICANN procedure or to correct our mistakes or those of another registrar.
Our Services
We resell domain names from ICANN-accredited registrars. Domain name registrations are not effective until the registry administrator puts them into effect and are for limited terms that end on the expiration date. You agree that we and your Primary Service Provider are not liable for any errors or omissions by the registry administrator. You further agree that a domain name registration is a service and does not create a property interest.
DMCA Domains & Content Restrictions
The "DMCA-friendly" or "offshore" domains we offer are intended to reduce certain takedown risks but are not immune to suspension or seizure. We make every effort to prevent suspension by the registry, but we cannot help you if you violate the terms of this agreement or the laws of the applicable jurisdiction.
(i) No Guarantee Against Suspension: We cannot guarantee that a domain will never be suspended or seized. Complaints from registries, governments, or law enforcement may still result in termination.
(ii) Content Restrictions: You are strictly prohibited from using any domain for activities that are illegal in most jurisdictions, such as phishing, fraud, malware distribution, or child sexual abuse material (CSAM). Even offshore registries will suspend domains for such violations.
(iii) User Responsibility for Abuse Complaints: You must respond promptly to any abuse notifications, provide valid proof of compliance if challenged, and remove or modify illegal content when instructed.
(iv) Suspension Process: If a legitimate claim is made, your domain may be suspended without a refund, and we may not be able to intervene if the registry orders it.
(v) Notice Period: We will attempt to give at least 3 days’ notice of policy changes, but emergency takedowns or suspensions can occur without warning.
(vi) Migration Assistance: If a suspension is imminent, we may, but are not obligated to, provide alternative domain options to help you minimize downtime.
Domain Reseller Program
All domain reseller clients are subject to this entire agreement. All funds added to your domain reseller program account are non-refundable once processed.
Some domains you register may be managed by multiple registrars or registries, which can cause technical issues when changing settings like DNS nameservers, email forwarding, or WHOIS information. In such cases, you agree to inform us so that we can assist with the necessary record changes.
You Warrant That Your Use of Our Services Will Not Subject Us to Any Claim(s)
You agree to indemnify, defend, and hold harmless us, your Primary Service Provider, and applicable registry administrators from any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees) that arise from your use of the domain registration services.
Not Included in the Services
We do not check whether your chosen domain name infringes on the legal rights of others. This is your sole responsibility. While we will comply with court orders, we are not responsible for forwarding court orders or other legal communications to you.
If Lawsuit(s) are Threatened
If we are sued or threatened with a lawsuit in connection with Services provided to you, you agree to indemnify us for the claims and expenses. Upon demand, you must either obtain a performance bond or deposit funds with us to cover our reasonably anticipated legal costs. Failure to do so can result in the termination of your Services.
Dispute Resolution Policy
You agree to the Uniform Domain Name Dispute Resolution Policy (UDRP). You understand that it may be changed by ICANN at any time. If a third party disputes your domain name, you agree to be subject to the UDRP and to indemnify and hold us harmless. It is crucial that you regularly monitor the email address associated with your account, as failure to respond to dispute notifications in a timely manner may result in you losing your domain.
Fees
You must pay all applicable fees before the Services become effective. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled, or transferred before the end of the term, unless this Agreement specifically provides for a refund. We may require that you use a specific payment method.
Credit Card and Other Charges
If you have an issue with a credit card charge, you must contact your Primary Service Provider first, and us second, before contacting your credit card company for a chargeback. In the event of a chargeback, we or your Primary Service Provider may suspend access to all of your accounts and assume control over your domain name registrations and related services. We will only reinstate your rights at our discretion, upon receiving the unpaid fees and our current reinstatement fee of $200 USD.
Expiration and Renewal of Service(s)
Domain registrations are automatically renewed, though you can opt out of auto-renewal in your control panel. It is your responsibility to keep records of your domain expiration dates and to maintain up-to-date billing information. We may attempt to renew your Services a reasonable time before expiration, but we are not obligated to contact you if a transaction is unsuccessful. For some TLDs, automatic renewal is not available, and you are responsible for contacting us to renew your domain. Hoyist makes no guarantee that renewal attempts, including for expired domains, will be successful.
Account Contact Information and Domain Name WHOIS Information
As a condition for the Services, you agree to provide current, complete, and accurate information about yourself for both your account and the domain’s WHOIS data. You must keep this information updated. Failure to provide new required information may lead to suspension or termination of your Services. If you do not provide nameserver information, we may supply it and point your domain to a website of our choosing. We reserve the right to use our company or owners' information in your WHOIS data as permitted by law.
Your Obligations and Representations Relating to the Account and WHOIS Contact Information
By registering a domain, you represent that the information you provide is true and that the domain is not being used for any unlawful purpose. Providing inaccurate information or failing to update it promptly constitutes a material breach of this Agreement and is sufficient grounds for termination. Your failure to respond to inquiries about the accuracy of your contact information within ten (10) calendar days will also be considered a material breach. You acknowledge the importance of regularly monitoring your email for communications regarding your domain. While we perform due diligence, it is your responsibility to report any discrepancies regarding your domain to us.
Accessing Your Account and an Important Limitation of Our Liability
You must safeguard your account login credentials from unauthorized use. Anyone in possession of your login information will have the authority to modify your account. While we take reasonable precautions to protect your information, in no event shall we be liable if such precautions do not prevent the unauthorized use of your account. Even if we fail to take reasonable precautions, our liability will be limited by the limitation of liability provision below. If a third party gains unauthorized access to your account, we may charge you an administrative fee of $50 USD per hour for our time spent on the matter.
Transfers
Domain transfers are governed by ICANN’s transfer policy. We may place a "Registrar Lock" on your domain to prevent unauthorized transfers. You can manage this lock and obtain the EPP "AuthCode" through your account. Transfers are not allowed within 60 days of initial registration or a previous transfer. Transfer requests typically take five business days. You assume all risk for a failed transfer if the process is initiated close to the end of a registration term. Upon transfer, you may need an EPP code, which may incur an additional fee of $10 or more, excluding taxes and fees.
Privacy Policy
You consent that we will make your domain registration information available to ICANN, the registry administrators, and the public through WHOIS lookup systems as required by law. You irrevocably waive any and all claims you may have arising from such disclosure. You also agree that we may make some or all of the information you provide available for targeted marketing, and that you can opt in to bulk WHOIS data access.
Ownership of Information and Data
You agree that we own all database rights, title, and interests in our domain name database and all information and derivative works generated from it. This includes specific information such as registration and expiration dates. We do not have an ownership interest in your personal registration information outside of our rights in the database.
Agents and Licenses
If you are registering a domain on behalf of someone else, you represent that you have the authority to bind that person to this Agreement. If you license the use of your domain to a third party, you remain the domain holder of record and are responsible for all obligations under this Agreement.
Use of Free Services
In consideration for providing Free Services (e.g., URL forwarding, email forwarding), you agree that we may display advertising in conjunction with those services. For "Promotional Names" provided for free or at a low cost, you will be listed as the registrant, but we may point the domain to an IP address of our choosing. To gain full control of the domain, including the right to transfer it, you must pay the applicable registration or renewal fee.
After Expiration of the Term of a Domain Name Registration
Immediately after a domain registration expires, we may direct the domain to our own nameservers and IP addresses, which may host a parking page or a commercial search engine with advertisements. We may also change the WHOIS information so that you are no longer the listed registrant.
Reactivation Period Process
For approximately 30 days after expiration, we may offer a "reactivation period" during which you can renew the domain for an additional fee. We are not obligated to offer this process, and you assume all risks if you wait until after expiration to renew. After this period, we may make the expired domain available to third parties, auction it, or register it for our own use. Some registries offer a "Redemption Grace Period" (RGP) with a significant fee. We are not obligated to notify you that your domain is being discontinued.
