Domain name services agreement

Updated April 12, 2019

PLEASE READ THIS DOMAIN NAME SERVICES AGREEMENT CAREFULLY.  By using the domain name services (the “Domain Name Services”) made available by Marcaria via its Website, you agree to the following provisions governing such use (the “Domain Name Services Agreement”).  The Domain Name Services Agreement is a binding legal contract entered into by you and Marcaria.  Both you and Marcaria may be referred to herein individually as a “Party”, and collectively as the “Parties”.  You may be referred to herein as “you”, the “User”, and “Client”.

  1. INCORPORATION BY REFERENCE. The terms of the Marcaria Terms of Use are hereby incorporated by reference herein.  Should any conflict arise between the Marcaria Terms of Use and this Domain Name Services Agreement, this Domain Name Services Agreement shall control solely with respect to the Domain Name Services.  With regard to any such conflict, in all other respects the Marcaria Terms of Use shall prevail.  As incorporated herein, all references to “Agreement” within the Marcaria Terms of Use shall be interpreted to include this Domain Name Services Agreement.
    1. Definitions.
      • “Domain Name” means an identification string that defines an area of administrative autonomy, authority or control within the Internet.  Domain names are formed by the rules and procedures of the Domain Name System (“DNS”).
      • Domain Name extension types include:
      • “Generic Top Level Domain (gTLD)” which is an internet domain name extension with three or more characters; and
      • “Country Code Top Level Domain (ccTLD)” which is a two-letter Internet top-level domain extension for a particular country, sovereign state, or autonomous territory for use to service their community.
      • “The Internet Corporation for Assigned Names and Numbers” (“ICANN”) is the global multi-stakeholder organization that coordinates the Internet DNS, IP addresses, and autonomous system numbers.
      • “Registry” and “Domain Name Registry” means a database and operator of all domain names registered under a certain Top Level Domain (“TLD”).
      • “Registry Policy” is a set of rules and requirements or terms of registrations for a domain name extension stablished by the Domain Name Registry.
      • “Domain Registrar” is an entity with direct relationships with domain name registries, authorized to sell domain names. An accredited registrar is required to meet certain business and technical requirements from the Registry.
      • “DNS” stands for “Domain Name System”.
      • “Domain parking” refers to the registration of a domain name without that domain being associated with any services.  This may have been done with a view to reserving the domain name for future development.
      • “Transfer Lock” means the feature which serves to prevent the ownership transfer of a Domain prior to the Transfer Lock being disabled.
    2. Scope of Services. Marcaria’s Domain Name Services include the services listed in the Domain name services description section. Marcaria may modify these services at its sole discretion, including but not limited to by removing them or otherwise making them unavailable.
    3. Additional Documents. You agree to provide and/or execute any additional documentation required for the successful completion of the Domain Name Services.  You agree to provide duly executed, notarized, legalized originals, as required, at your own expense.
    1. Compliance. You acknowledge that you have read, understood and agree to comply with each of the Domain Name Registry´s policies applicable to the domains you plan to register, including rules of behavior, regulations and standards as well as any policy or procedure imposed by ICANN for gTLDs and for each respective registry for ccTLDs.  Samples of the applicable regulation policies are available at our additional domain name term section.
    2. Appropriate Behavior. You will not use the Domain Name Services in any manner that is contrary to any applicable laws, policies, regulations, or terms of this Domain Name Services Agreement, and shall not perform any activities that are not generally accepted and/or practiced in the industry.  
    3. Violations. You understand and agree that a violation of any of the prohibitions or mandates of behavior, including those in this Domain Name Services Agreement shall give Marcaria the right at its absolute discretion, to terminate your account and all associated domain, hosting, or other domain-related services and products, immediately, without the obligation of providing a refund.
    4. Non-Infringement Warranty. You hereby warrant that your use (whether directly or indirectly) of the Domain Name Services will not infringe the legal rights (including, without limitation, the intellectual property rights) of any third party.
    5. Appropriate Content. You will warrant that your website and email services will not and do not contain any material which is obscene, offensive, upsetting, defamatory, insulting, racist, bullying, abusive or in any way in violation of any legal standards or regulations, including but not limited the local laws of any jurisdiction where your website is accessible.
    6. Lawful Purpose. You will not violate any law when using the Domain Name Services, nor shall you use the Domain Name Services to violate laws or regulations.  User agrees that it will only use the Domain Name Services and any related Domain Names for lawful purposes; and that User will comply with the orders of any authority having jurisdiction over the Domain Name Service.
    7. No Interference with Others. You assure Marcaria that any Domain Name registered by you does not interfere and will not interfere with other users of the Internet in any form or manner.
    8. Accuracy of Information. In dealing with Marcaria or any associated third-party domain services or facilities, you warrant that all information provided is accurate and true.
    9. Compliance with Requests. Marcaria must abide by the applicable Registry Policies of various regulatory authorities.  You understand and agree that Marcaria is bound to take all actions reasonably necessary to comply with said policies and may therefore do so without incurring liability of any kind to you or your agents, employees, associates, customers or affiliates.  You hereby agree to comply with any requests from Marcaria resulting therefrom.
    10. Indemnity. You hereby agree to indemnify and hold harmless, Marcaria, its agents, managers, directors, employees, and subcontractors from any claim, liability, suit, action, or damages arising from or related to your use of the Domain Name Services and/or your use of any Domain Name registered or otherwise maintained via the Domain Name Services, regardless of the cause of action.  The foregoing indemnification obligation shall survive the termination of this Domain Name Services Agreement for any reason.
    11. Sole Responsibility for Domain Name Selection. You take full responsibility for the chosen Domain Name. You warrant that you will register and use the Domain Name in compliance with currently applicable legislation and for lawful purposes only.
  4. RIGHT TO TERMINATE SERVICE. Marcaria has the right to refuse Domain Name Services to anyone and to cancel any User’s access thereto for any reason and at any time without prior notice.  Also, Marcaria has the right to discontinue availability of the Domain Name Services, either temporarily or permanently, or as to any part thereof, without notice or liability of any kind.
  5. DOMAIN NAME REGISTRATION TERMS. User hereby acknowledges, agrees, and warrants the following.
    1. By registering a domain name, you do not thereby obtain an ownership or property right to that name.
    2. User agrees to provide personal data, including name, address, email, and telephone number, required for domain name registration by ICANN and most Registries.  User understands that certain domain name Registries may make some or all of this information public through Whois, in accordance with local laws.  Moreover, the domain name, its creation and expiration date, and the details of the nameservers may also be publicly available through a Whois service.  You hereby release and forever relinquish and waive any rights to the privacy of such data as a condition for the services provided by Marcaria, ICANN, and Registries per the terms herein.  You understand and agree that the information may be used in accordance with the foregoing.
    3. New domain registrations requested through our website will be considered as “registered” only upon confirmation by the applicable registry.  Timeframes stated on Marcaria’s website are for reference only and are adjusted according to commercial evaluations.  You agree that Marcaria is not responsible in any way for any actions taken by the Registry regarding delays or cancellations of domain name registrations.
    4. The Domain Name Registry may itself contain errors and/or omissions.  Consequently, the User shall have no claim against Marcaria, and hereby released Marcaria, of any responsibility for any errors or omissions in any records returned by the Domain Name Services, subject to such errors or omissions also being found in the Domain Name Registry.
    5. Marcaria’s sole obligation with respect to Domain Name Services is to perform said services in accordance with the User’s instructions.  Marcaria does not warrant that the registration of any Domain Name via the Domain Name Services does not and/or will not infringe on the intellectual property rights of a third party.  User understands and agrees that any dispute as to ownership of a third party’s intellectual property rights or the infringement thereof is solely the User’s responsibility.
    6. With some ccTLDs, domain names may be provisionally registered using Marcaria’s local representatives in order to protect it until the User provides the required information.  In these cases domain names may have limited functionality until fully registered.
    7. The details maintained in the Registry shall be treated as correct and as the authoritative record.
    8. You agree that Marcaria is not liable for content on your website.  Marcaria has no duty to enforce the removal of content from your website.  All content on your website is strictly your own responsibility, and you will forever indemnify, defend and hold Marcaria harmless from any claims or actions regarding your website content.  Marcaria will act with respect to your content if it has been ordered to do so by a court of competent jurisdiction.
    9. Website published prices may change at any time prior a purchase.  Registration of domain names are on a “first-come, first-served basis”, and we cannot assure you that your Domain Names will be registered before any other applicant’s.  The process is dependent on factors not within Marcaria´s control.  Marcaria has no responsibility or liability to you for any damages resulting from not registering the domain name before any other applicant.  You understand that Marcaria is not responsible for the accuracy of the information imparted to us by third-parties regarding the success or status of your domain name registration, or the existence or non-existence of any other domain name registration.
    10. You acknowledge, understand and agree that certain domain names in certain TLDs are established by Registry Policies to be variably priced (i.e., standard v. premium names) and/or may have non-uniform renewal registration pricing.  You acknowledge that some listed domain names may be subject to an additional registration fee.  For those domain names, the registration fee might be added to the price at the moment of purchase or after the order goes through our premium domain validation procedure.
    11. Marcaria cannot process orders that go through our premium domain validation procedure unless you agree to pay the higher fee that is ultimately quoted to us by the relevant Registry.  If you decide not to proceed you will be entitled to a refund.
    12. Domain Name Renewal. User shall be responsible for the payment of all applicable renewal fees.  Failure to pay said fees prior to the domain name expiration date may result in cancellation of the registration.  Marcaria will inform the User of the domain name expiration date.  Domain names are registered and renewed initially for one year minimum, unless stated otherwise on Marcaria’s domain registration page.  One day after the domain name expiration date, we may redirect the domain name to a parking page.
    13. All generic domain names are registered with Transfer Lock activated.  Transfer Lock may be deactivated by the request of the Registry or User.  Upon such request, Transfer Lock will be deactivated for 30 days and will be automatically activated if the domain name remains with Marcaria.  Transfer Lock service is available for all gTlDs, and some ccTLDs.
    14. Additional documents. In the event Marcaria has not received the Documents within thirty (30) days after requesting the domain registration service, the Domain Name order will be automatically deleted and you will not be entitled to any refund. 
    15. Designated Agent. You hereby appoint and authorize Marcaria to act as your exclusive “Designated Agent” regarding the Inter-Registrar Transfer Policy (IRTP) for all gTLD domains.
    16. Grant of Explicit Authority. You agree that when Marcaria acts as your Designated Agent, Marcaria shall have the explicit authority to approve and accept each "Change of Registrant" (as per the IRTP) on your behalf, whether this change represents change from your Registrant information or to your Registrant information, and will do so in all instances.  You understand and agree that your authorizing Marcaria to act as your designated agent is a condition of registering or managing your domain using the Domain Name Services.
    17. When Marcaria performs hosting services for your site, you may obtain web and email service from Marcaria for the domain name.  You agree on your own behalf, and on behalf of the registrant if you are acting as the agent of the registrant, that the web and email services shall not be made available for name holders of moderated domain names.
    18. You hereby grant to Marcaria a limited license to process, copy, and otherwise handle your intellectual property to the extent necessary to perform any service requested by you.
  6. MARCARIA’S OBLIGATIONS. Marcaria shall adhere to the following as they relate to the Domain Name Services.
    1. Marcaria will comply with all applicable gTLDs and ccTLD policies.
    2. Comply with your lawful and appropriate directions in a diligent and timely manner regarding registration, cancellation, modifications, changes, deletions, billing, and other appropriate technical support.
    3. Use your personal information only as you may authorize, as needed to provide the services you elect, and as otherwise may be allowed by the Agreement.
    4. Safeguard and protect your information stored in our databases with no less than a reasonable degree of care.
    5. Make corrections of any errors in the information in the register when advised by you.
    6. Comply with any order or authority having jurisdiction regarding your domain name and its registration.
    7. Notify you of the registration of your domain name, including the registration period, contact details and passwords for the domain name.
    1. Registry Actions. You understand, agree and acknowledge that Marcaria is not responsible or liable to you or any third persons or entities for any damages whatsoever due to any action taken by ICANN or any Domain Registry, including, but not limited to any of the following:
      • the suspension, cancellation, deletion, interruption, or transfer of the domain due to procedures, rules, or policies dictated by ICANN or the Registration Administrator (as that term is defined by ICANN), or due to judicial usage or custom; and
      • the rejection by the Domain Registry to confer the Domain Name to you.
    3. No Backup of Records. You, the Client, understand that you are solely responsible for the creation, storage, and backup of your business records, any registrations, and activity data.  This Domain Name Services Agreement and any registration for or subsequent use of the website will not be construed as creating any responsibility on Marcaria's part to store, maintain, backup, retain, or grant access to any information or data for any period.

      No Refund of Fees. All amounts collected by Marcaria in relation to the provision of the Domain Name Services are strictly non-refundable.
    1. Effective Date. This Domain Name Services Agreement shall be effective from the moment you first access the Domain Name Services and shall continue in effect in perpetuity.  Notwithstanding the foregoing, Marcaria’s obligations to you shall terminate upon the termination of your account.
    2. Termination by User. You may terminate your account at any time by making a written request via Marcaria’s contact form.  Your request must, at a minimum, include a request for account termination; and a request for the removal of all domain names managed via the Website.

      Upon termination, all access shall be terminated immediately. You acknowledge that Marcaria may be required to retain certain records and information from your account according to local and international laws, and will archive the information only as it is legally required to do so for this limited purpose.
    3. Account Suspension.  Marcaria reserves the right to suspend, lock, terminate, or otherwise disable your account and your access to the Domain Name Services, at any time, without prior notice, should it become necessary, in Marcaria’s sole discretion, to protect Marcaria’s and Marcaria’s other User’s interests.  Such suspension shall be warranted for any of the reasons in the following non-exclusive list:
      • to enforce this Agreement or to ensure the integrity and performance of the Domain Name Services;
      • to assure the stability, integrity, and security of the Domain Name Services;
      • to address fraud, criminal intent and/or abuse;
      • to comply with local, state, national, international laws, rules and regulations;
      • to comply with requests of authorized law enforcement agencies;
      • to comply with a dispute resolution process;
      • to avoid any civil or criminal liability; 
      • to conform to registry or vendor requirements and regulations;
      • to adjust or correct mistakes made in the offering and sale of the services;
      • if you have violated the terms of this agreement or the terms and conditions of any other agreement with Marcaria in any way; and
      • to bring about a just resolution of any conflicts or disputes, where appropriate and reasonable.
    4. Termination by Marcaria. Also, Marcaria may terminate this Agreement at its sole and absolute discretion upon the occurrence of any of the following circumstances:
      • upon the mutual consent of all parties or by the request of one of the parties;
      • if you do not keep your information updated or fail to deliver information requested by Marcaria;
      • if you fail to pay the required fees;
      • if you transfer all domain names to another registrar, in accordance with the relevant ICANN and ccTLD policies and this Domain Name Services Agreement.  This Domain Name Services Agreement will terminate effective on the date of such transfer;
      • upon the cancellation of your Domain Name for any reason whatsoever.  Such termination shall result in the termination of your e-mail and web hosting services; and
      • upon the expiration of and/or failure to renew your domain name license.           
    5. Third Party Transfer. Upon any suspension or termination of the Domain Name Services, Marcaria may, at its sole discretion, make either ourselves or a third party the beneficiary of the canceled services.
  9. OTHER POLICY DOCUMENTS.  User acknowledges and agrees that it has read and understood, and is bound by the terms and conditions of the following ICANN policy documents, as they may be amended from time to time, and which are hereby incorporated by reference herein:
    1. The ICANN Uniform Domain Name Dispute Resolution Policy;
    2. The ICANN Uniform Rapid Suspension Procedure and Rules;
    3. The ICANN Transfer Dispute Resolution Policy; and
    4. The ICANN Registrants' Benefits and Responsibilities.
  10. GENERAL.
    1. Entire Agreement. This Domain Name Services Agreement is the entire agreement between the Parties and supersedes all proposals, all prior agreements, commitments, oral or written, and all negotiations, conversations or discussions between the Parties relating to this Domain Name Services Agreement. 
    2. Governing Law and Jurisdiction. Any disputes between Marcaria and User that are subject to this Domain Name Services Agreement will be subject to the jurisdiction of the Uniform Domain Dispute Resolution (UDRP) Policy, the URS, or another similar dispute resolution processes as defined by various Registry Policies incorporated or referenced herein and, if they do not apply, shall be resolved in accordance with the provisions of Marcaria’s General Terms and Conditions.
    3. Contact Information. If you have any questions, concerns, or complaints about our Domain Name Services or anything under this Domain Name Services Agreement or other Agreements with us, please contact us at the following email address or telephone number:

      Phone: +1-305-676-8749

      Mailing Address:
      8345 NW 66 ST #B1673
      Miami, FL 33166-7896

Francisco Fuentealba, Business Development Officer
Felipe Fuentealba, Chief Executive Officer