Hello

Hopefully, someone will have the energy to read through this book.

I want to make sure that everything is okey before I buy anything. As the amateur I am, I really look into everything.

Here are some things that I found in the Registration Agreement of NameCheap (http://www.namecheap.com/legal/reg-agreement.asp), that I wanted to hear your opinion on.




"Any such revision or change will be binding and effective within 30 calendar days of the date on which the revised Agreement or change to the terms of the Service(s) is posted to the website of NameCheap or 15 calendar days after notification of the change in terms is sent to the e-mail address provided by you in association with your domain name registration."

What an amateur's brain understand

That they can make any changes to the agreement and I have to follow these changes, since I agreed to this agreement when buying a domain name. Can they start charging 1000$ a month and I have to pay them because I agree that they can make changes? Of course, the likelihood of this happening is almost none, but a newbie like me still is a bit concerned.







"If we are sued or threatened with a lawsuit, an administrative proceeding or any other legal or administrative proceeding in connection with Service(s) provided to you, we may turn to you to indemnify us and to hold us harmless from the claims and expenses (including attorney's fees and court costs). Under such circumstances, you agree that you will, upon demand, obtain a performance bond with a reputable bonding company or, if you are unable to obtain a performance bond, that you will deposit money with us to pay for our reasonably anticipated expenses"

What an amateur's brain understands

That if for example they do something wrong and are sued by somebody, I, as a customer, will have to help them out by paying them.







"You agree to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), a copy of which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm. You agree that the UDRP may be changed by ICANN (or ICANN's successor) at any time and that such a change will be binding upon you."

What an amateur's brain understands

Just as the first example I wrote. ICANN can make changes that I have to follow. So, can they charge me 1000$ and then simply claim that I agreed to it?






"You acknowledge and agree that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois."

What an amateur's brain understands

This is actually just something I wanted to ask you. Does this private information have to be publicly available, so that anybody can look at it? Could there be any sort of danger in this?





"You agree and consent that we will make available the domain name registration information you provide or that we otherwise maintain to the following parties: ICANN, the registry administrator(s), and to other third parties as ICANN and applicable laws may require or permit (including through web-based and other on-line WHOIS lookup systems), whether during or after the term of your domain name registration services of the domain name."

What an amateur's brain understands

That this private information will be available to ICANN and maybe even other third parties for the rest of my life.





"You agree that we may make publicly available, or directly available to third parties, some, or all, of the information you provide, for purposes of inspection (such as through our WHOIS service) or for targeted marketing and other purposes as required or permitted by applicable laws."


What an amateur's brain understands

They can go do whatever they want with this information, including waving it around to make money if they so wish.





"You agree and acknowledge that we own all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database."

What an amateur's brain understands

That they own everything I write on my site. I have no right to it, or?





"You acknowledge that reactivation period renewal processes, if any, may involve additional fees which we and your Primary Service Provider may determine."

What an amateur's brain understands

They can charge extra for renewal of my hosting. That they do not have to charge what they say, but can add as much as they want.




If any of you read through this and help me, I will be thankful (as it is quite understandable not reading this whole thing through).

Anyway, that was it.

"Any such revision or change will be binding and effective within 30 calendar days of the date on which the revised Agreement or change to the terms of the Service(s) is posted to the website of NameCheap or 15 calendar days after notification of the change in terms is sent to the e-mail address provided by you in association with your domain name registration."

What an amateur's brain understand

That they can make any changes to the agreement and I have to follow these changes, since I agreed to this agreement when buying a domain name. Can they start charging 1000$ a month and I have to pay them because I agree that they can make changes? Of course, the likelihood of this happening is almost none, but a newbie like me still is a bit concerned.




- What I understand here is: That if as you say they decide to charge you $1000 per year, then you have 30 days t either say yes or cancel with them (e.g. in case they decide and post this on their official site), let’s say they decide the same but notify you somehow – then you have 15 days. But the price is a part of the instant contract as I get it, so they can’t change the prices for the settled period (e.g. you paid in January for a year, then they make change in price, you do not have to pay the difference till the next year you renew).

- What I understand here is: That if as you say they decide to charge you $1000 per year, then you have 30 days t either say yes or cancel with them (e.g. in case they decide and post this on their official site), let’s say they decide the same but notify you somehow – then you have 15 days. But the price is a part of the instant contract as I get it, so they can’t change the prices for the settled period (e.g. you paid in January for a year, then they make change in price, you do not have to pay the difference till the next year you renew).

Are you sure that the price is what you call part of the instant contract? If so, how did you come to that conclusion?

Are you sure that the price is what you call part of the instant contract? If so, how did you come to that conclusion?

Well actually the way i am understand this is:

You are purchasing something at the moment for the price that is stated at the moment. I don't know if it is a good comparison but for example you purchase a TV for $300 today, and tomorrow the price for it goes up to $350 - So noone is going to come over to your house and say "Hey the price has changed, you owe us $50".

But still the best action here would be to contact the namecheap themselves and ask them to clarify the point in the agreement, save their answers as a clue just in case.

Just want to let you know, TOS superseed this agreement. So, your information will be safe and only will be disclosed to authority if they need it.

Just want to let you know, TOS superseed this agreement. So, your information will be safe and only will be disclosed to authority if they need it.

Thanks for the reply. But how do you know that ToS superseeds this?

What you posted is one way to understand them, Deca. Let me offer another.

Can they start charging 1000$ a month and I have to pay them because I agree that they can make changes?

They can start charging $1000 a month, however unlikely that is. Whether you have to pay them or not might depend on certain things.

Let's pretend I offer domain registration at $9 a year, and you registered one with me for two years. Almost two years later, I email you and everyone else I'll start charging, say, $9.95 a year for registration and renewal.

Now, I might bill you that amount (or even $1000 a month as you said) using your credit card on file if, say, you set it on autorenew. Let's also say that happens coincidentally when I changed my terms.

Or if the domain's not on autorenew, and I send notice I'm changing my terms within 15 or 30 days, yet your domain doesn't expire in the next two months, then you could still transfer out your domain to another registrar within that period. It depends how soon you accomplish that before my terms take effect, and if everything turns out smoothly.

Depending if NameCheap has billed you or not by that time, you won't necessarily have to pay them if you don't want to. But if you want to keep that domain, then you'd better move it out while it's still in good and paid standing, and NameCheap's terms haven't taken effect yet.

That if for example they do something wrong and are sued by somebody, I, as a customer, will have to help them out by paying them.

Not if they do something wrong, but if someone sued them for whatever reason. If you especially sued them, then you also agree to that term you quoted here.

The idea behind that is to "discourage" their customers from suing them for reasons like their domain's web site being down when the domain's actually expired. If you don't do that bond part, the registrar can claim that as "breach of contract" and countersue you for it.

If you're a registrar, or any business for that matter, one of your so-called responsibilities to yourself is to limit your liability as much as you can. The registrar's contract terms potentially puts them in a stronger position than its customer, which of course mostly doesn't bode well for the latter.

OTOH, various registrars try to resolve issues with their customers without going to court since it's time-consuming, expensive and effort-draining. If ever you have a dispute with NameCheap on something, try to exhaustively resolve it with them.

In my previous registrar life, I've dealt with people who wanted to sue us for things that weren't necessarily our fault. Some people are like that, however arguably understandable some of their reasons or feelings are.

I've seen NameCheap come through a lot of the time, except for scenarios which they don't necessarily have full control over. It depends on the situation.

Just as the first example I wrote. ICANN can make changes that I have to follow. So, can they charge me 1000$ and then simply claim that I agreed to it?

Similar to what I first posted above. Registrars typically contract their terms with ICANN with their end users.

If, knock on wood, registrars agree to pay ICANN $1000 a month for domain registration services, unfortunately registrars might pass them on to their customers. But that's not likely to happen if one historically checks.

Does this private information have to be publicly available, so that anybody can look at it? Could there be any sort of danger in this?

Unfortunately yes. It's an ICANN debate going on for the past seven years and still counting, and it's not likely to be resolved anytime soon either with various interests involved.

Now, some people want to keep their information hidden for various reasons such as their desire to have privacy, stave off potential troublemakers, etc. One could input whatever name, postal address, email address or phone they desire, but make sure it's one they can easily verify if called upon to do so.

OTOH, registrars also offer their own WHOIS privacy services. While that's another topic, that's one solution to not displaying your actual name, address, etc. to the public while retaining "ownership" and control of the domain.

They won't share your credit card details, of course.

That this private information will be available to ICANN and maybe even other third parties for the rest of my life.

Not for the rest of your life, but for how long you use the service.

They can go do whatever they want with this information, including waving it around to make money if they so wish.

Yup. Various companies actually do that if you look around.

That they own everything I write on my site. I have no right to it, or?

Just the domain name, not its web site content. Unless you use their parking pages or web site hosting, perhaps.

They can charge extra for renewal of my hosting. That they do not have to charge what they say, but can add as much as they want.

Also yes. You're probably aware various companies do that anyway, but some if not all at least state that upfront prior to billing or so.

Or you can also do what SergeyS said. It is disappointing if NameCheap doesn't answer some questions about some of their contract terms, but again it's because they don't want to give some people any ammo for issues they might perceive to be NameCheap's fault.

HTH somehow.

What you posted is one way to understand them, Deca. Let me offer another.



They can start charging $1000 a month, however unlikely that is. Whether you have to pay them or not might depend on certain things.

Let's pretend I offer domain registration at $9 a year, and you registered one with me for two years. Almost two years later, I email you and everyone else I'll start charging, say, $9.95 a year for registration and renewal.

Now, I might bill you that amount (or even $1000 a month as you said) using your credit card on file if, say, you set it on autorenew. Let's also say that happens coincidentally when I changed my terms.

Or if the domain's not on autorenew, and I send notice I'm changing my terms within 15 or 30 days, yet your domain doesn't expire in the next two months, then you could still transfer out your domain to another registrar within that period. It depends how soon you accomplish that before my terms take effect, and if everything turns out smoothly.

Depending if NameCheap has billed you or not by that time, you won't necessarily have to pay them if you don't want to. But if you want to keep that domain, then you'd better move it out while it's still in good and paid standing, and NameCheap's terms haven't taken effect yet.



Not if they do something wrong, but if someone sued them for whatever reason. If you especially sued them, then you also agree to that term you quoted here.

The idea behind that is to "discourage" their customers from suing them for reasons like their domain's web site being down when the domain's actually expired. If you don't do that bond part, the registrar can claim that as "breach of contract" and countersue you for it.

If you're a registrar, or any business for that matter, one of your so-called responsibilities to yourself is to limit your liability as much as you can. The registrar's contract terms potentially puts them in a stronger position than its customer, which of course mostly doesn't bode well for the latter.

OTOH, various registrars try to resolve issues with their customers without going to court since it's time-consuming, expensive and effort-draining. If ever you have a dispute with NameCheap on something, try to exhaustively resolve it with them.

In my previous registrar life, I've dealt with people who wanted to sue us for things that weren't necessarily our fault. Some people are like that, however arguably understandable some of their reasons or feelings are.

I've seen NameCheap come through a lot of the time, except for scenarios which they don't necessarily have full control over. It depends on the situation.



Similar to what I first posted above. Registrars typically contract their terms with ICANN with their end users.

If, knock on wood, registrars agree to pay ICANN $1000 a month for domain registration services, unfortunately registrars might pass them on to their customers. But that's not likely to happen if one historically checks.



Unfortunately yes. It's an ICANN debate going on for the past seven years and still counting, and it's not likely to be resolved anytime soon either with various interests involved.

Now, some people want to keep their information hidden for various reasons such as their desire to have privacy, stave off potential troublemakers, etc. One could input whatever name, postal address, email address or phone they desire, but make sure it's one they can easily verify if called upon to do so.

OTOH, registrars also offer their own WHOIS privacy services. While that's another topic, that's one solution to not displaying your actual name, address, etc. to the public while retaining "ownership" and control of the domain.

They won't share your credit card details, of course.



Not for the rest of your life, but for how long you use the service.



Yup. Various companies actually do that if you look around.



Just the domain name, not its web site content. Unless you use their parking pages or web site hosting, perhaps.



Also yes. You're probably aware various companies do that anyway, but some if not all at least state that upfront prior to billing or so.

Or you can also do what SergeyS said. It is disappointing if NameCheap doesn't answer some questions about some of their contract terms, but again it's because they don't want to give some people any ammo for issues they might perceive to be NameCheap's fault.

HTH somehow.

Thanks for taking the time to answer this.