This TRUSTEE SERVICES AGREEMENT ("Agreement") is made by and between HostCab ("Ayb Solutions") and you and your heirs, agents, successors and assigns (collectively, "Customer"),and is made effective as of the date of the appointment of the Trustee.
Your acceptance of the Customer Master Agreement ("CMA") which incorporates this Agreement by reference, and your subscription to our Trustee Services (the "Trustee Services") signifies that you have read, understand, acknowledge, and agree to be bound by this Agreement along with all other applicable agreements and policies which are incorporated into the CMA by reference. This agreement sets forth the additional terms and conditions which govern your use of the Trustee Services.
The terms "we", "us", or "our" shall refer to Ayb Solutions. The terms "you", "your", "user", or "customer" shall refer to any individual or entity who accepts this Agreement. Nothing in this Agreement shall be deemed to confer any third-party rights or benefits unless explicitly stated herein.
1. Description of Trustee Services
Our Trustee Services provide the legal presence or satisfaction of various ccTLD registry requirements needed to register and manage a domain name in various jurisdictions or zones worldwide.
The Trustee Services generally allow you to:
a. Designate persons or entities ("Trustee") under separate agreement with us to act as a registrant and/or agent for ownership and/or management and service of your domain name;
b. Satisfy local presence requirements for certain ccTLDs which require this to register and/or manage a domain name in the specified zone.
By accepting this Agreement, you hereby appoint and authorize our Trustee to act as required to provide the Trustee Services. Actions and authority required by us and the Trustee vary depending on the requirements of the ccTLD which you apply for. You agree to sign, electronically or otherwise, or provide any additional agreements or documents as they are required by the Trustee in order to provide the Trustee Services under this Agreement.
In rare cases, for certain ccTLDs, the use of, and subscription to, our Trustee Services may be required in order for us to manage your domain name regardless of whether you are able to satisfy the Registry requirements (for example, including, but not limited to: .AR, .COM.AR, NET.AR, CL). In these cases, the Site will clearly state this requirement.
Refusal to provide the necessary signature(s) or provide the requisite agreement(s) as required by the Trustee in order to provide the Trustee Services shall terminate this Agreement with respect to the individual domain name which was applied for and may terminate your application, registration, or use of your domain name.
This appointment shall apply to each respective domain name individually that is ordered under this Agreement. You acknowledge that each appointment acts independently from one another with respect to this Agreement and each domain name registered and renewed under this Agreement.
You acknowledge that acceptance of this Agreement is required only once per user account with us and in accordance with the terms of the CMA.
3. Customer's Obligations
You warrant that the application, registration, and use of the domain name under this Agreement and the Customer Agreement for Domain Names with us does not (i) infringe on any third party intellectual property rights such as trademarks, trade names, copyrights, etc., (ii) conduct any illegal activities, including but not limited to, spamming, phishing, trading pirated or illegal merchandise, distributing copyrighted digital media (movies, music, books, software, etc.), (iii) host an IRC facilitating illegal or infringing content, acts of terrorism, or acts that otherwise violate laws in any country or jurisdiction in which the domain name is accessible.
You shall inform us within five (5) business days in writing by email in the event the registration and/or use of the domain name is threatened with legal action. Such notice shall be sent via registered mail or email to the Legal addresses/numbers set out in the CMA.
You shall respond to any inquiries by us or Trustee in sufficient detail within five (5) business days with respect to the domain name registration under this Agreement by email. We reserve the absolute right in its sole discretion to shorten this time outside of normal circumstances when it deems necessary or when required by a ccTLD operator ("Registry") or legal authority.
You shall keep your account contact information complete and accurate with us at all times. We are not responsible and assumes no liability for your failure to receive an email notification if such failure results from inaccurate or out-dated account information.
If you do not strictly adhere to this Agreement, We may, in our sole discretion, take all necessary action in response to alleged violations of law, including suspension, deletion, cancellation, or release of the domain name under this Agreement.
4. Trustee's Obligations
Trustee shall perform all tasks assigned to and required of it by you or us in our capacity under this Agreement, and any additional agreements executed under Section 2, to protect your interests in, and enjoyment of, the domain name so long as it does not violate any laws in any jurisdiction in which the domain name is accessible or contradict your agreements with us, or agreements with the respective Registry of the domain name.
Trustee will execute all instructions provided by you through us in regards to the configuration of the domain name, domain name records, renewal, expiration, or transfer of the domain name to another party.
Trustee shall promptly notify us and/or you of any questions or issues concerning the domain name registration under this Agreement.
Trustee is not obligated to execute any additional agreements related to the domain name unless it is reasonably required to register, renew, or transfer the domain name or configure domain name records. This exclusion applies to any requirements imposed by Certificate Authorities to issues SSL certificates or to verify any additional information not provided for in this Agreement.
5. Disputes with Third Parties
In the event Trustee is called upon by a third party or legal action to release, transfer, or delete the domain name, Trustee shall notify you and/or us in accordance with this Agreement. You shall reply to us whether you intend to defend your rights to the domain name or whether the domain name is to be released, transferred, or deleted.
In the event you agree to release, transfer, or delete the domain name, Trustee will take all actions necessary to effect the release or transfer of the domain name to the third party or deletion of the domain name. Consequently, this Agreement shall be terminated upon such action with respect to the domain name.
In the event you do not respond to us and the Trustee in accordance with this Agreement, Trustee reserves the right to proceed with the action communicated in accordance with the Agreement.
In the event you choose to defend your rights to the domain name, you shall indemnify and hold harmless Trustee and us against any and all legal actions. You shall be responsible for all costs, expenses, and damages incurred by Trustee and us in connection with said legal actions which arise from Trustee or our responsibilities under this Agreement. Should you not comply with your obligations in this section, this Agreement shall be terminated immediately.
6. Term and Termination
This Agreement shall commence on the first day that domain registration is effective and fees are paid and shall remain in force continuously and uninterrupted so long as the domain name remains with us until the expiry date, or in which case you renew the domain name with us and Trustee, this Agreement shall automatically renew.
You may terminate this Agreement at any time without written notice. Upon termination, you must replace all Trustee information and obligations related to the domain name with complete and valid information which satisfies the requirements of the respective ccTLD Registry and us and agree to release us and the Trustee from all further responsibilities with the domain name to effect the termination of this Agreement. In the case that you terminate this Agreement before the expiry date, you are not entitled to any refunds or prorated refunds of fees paid.
In the case in which you wish to transfer the domain name to another registrar, you must replace Trustee as any and all contacts of the domain name prior to transferring to gaining registrar. In many cases, you must agree to pay us an additional fee for the contact or ownership update and/or renew the domain name as required by the terms and conditions of the respective ccTLD registry prior to the transfer.
We reserve the right to approve the transfer of the domain name prior to meeting the terms set forth in this section.
In the event of any change in ownership, this Agreement will be void and terminated. A new Agreement must be executed subject to Trustee being re-appointed to, and approval of, the domain name.
In any case, and for any reason, that the domain name under this Agreement is deleted or transferred before the domain name registration period ends, you shall not be entitled to any refunds or prorated refunds of fees paid.
You further acknowledge and agree that we are not liable for termination or deletion of the domain name or its usage under this Agreement due to circumstances beyond its control, including but not limited to, technical or administrative problems with the respective Registry or changes of laws, policies or procedures of the Registry, United States, and/or jurisdiction(s) within which the respective Registry operates.
Termination, transfer, or deletion of the domain name for any reason whatsoever automatically terminates this Agreement.
You agree to indemnify us and Trustee against any and all losses and liability (including, without limitation, legal expenses and court costs) of every kind or nature arising directly or indirectly from any breach of your obligations arising under or in connection with this Agreement. You also agree to indemnify us and Trustee against any and all losses and liability arising from third party or legal claims against not only the domain name holder, but also against us and/or Trustee. This indemnification exists regardless of negligence or fault.
We agree to indemnify you against any and all losses due to intentional or gross negligence of us and/or Trustee or material breach of this Agreement by us and/or Trustee. If we and/or Trustee's breach of this Agreement is not due to intentional acts or gross negligence, the liability shall be strictly limited to the fees we have collected under this Agreement in respect to the individual domain name.