Terms & Conditions
Terms and conditions are boring and quite frankly, unnecessary if both parties play nice. To spare you our T&Cs, we’ve summarised them into 8 commandments:
First - Play fair
If we both play nice, we’ll get along just fine or, “…do unto others as you would have others do unto you.”
Second - Clear communication
Time is saved if the lines of communication are always open. If you include all the necessary details, such as account number, domain names, products, problem, everything will run smoothly and quickly.
Third - Pay your bills
We all have bills and no one enjoys parting with their money to pay them. If the bills aren’t paid, services are no longer provided – end of story.
Fourth - Use as intended
All our services need to be used as they were intended, which means in a non-harmful and legal way.
Fifth - Be honest and upfront
If you have a problem, let us know and we’ll talk it through.
Sixth - Patience is a virtue
Unfortunately some processes take longer than others, either because they’re done manually or by a third party we have no control over. We will always do our best to answer your email and resolve a problem as quickly as possible. If there is a delay, we’ll send you progress updates.
Seventh - Keep in touch
If we let each other know about any changes in our working relationship, it’ll work like a charm. Please follow our news channels and you’ll never be in the dark.
Eigth - Let’s work together
And create something brilliant.
1. Definitions / Introduction
Please read these Terms and Conditions ("Terms", "Terms and Conditions") carefully before using the Octopoly.com website (the "Service") operated by Octopoly Limited (“OCTOPOLY”, "us", "we", or "our").
Suite 6402, PO Box 106910
Auckland 1143 New Zealand
Company N°: 5899553
These terms apply to all customers (“you” or “your”), visitors, users and others who access or use the Service provided by us. Your access to and use of the Service is conditioned on your acceptance of and compliance with these Terms. A customer is any natural or legal person who creates an account with Octopoly Limited (“OCTOPOLY”) or places an order on our website.
By accessing or using the Service, e.g. sending an order via our website, you agree to have read and understand the contractual terms and that you be bound by these Terms. If you disagree with any part of the terms then you may not use our platform or services.
2. Changes to the Agreement
OCTOPOLY reserves the right, at our sole discretion, to modify or replace these Terms at any time. If a revision is material we will provide notice at least fourteen (14) days notice prior to any new terms taking effect. What constitutes a material change will be determined at our sole discretion. Notices will be issued by email or within the customer portal.
Sometimes, changes to these Terms will be beyond our control, in particular changes to domain extensions from registries. In such circumstances, we will endeavour to provide immediate notice of the change.
By continuing to access or use our Service after revisions become effective, you agree to be bound by the revised Terms. If you choose not agree to the new Terms, you must advise OCTOPOLY immediately, and arrange for the cancellation of your services.
3. Customer Account
When you create an account with us, you must provide information that is accurate, complete, and current at all times. Failure to do so constitutes a breach of the Terms, which may result in immediate termination of your account on our Service.
You are responsible for safeguarding the password that you use to access the Service and for any activities or actions under your password, whether your password is with our Service or a third-party service.
You agree not to disclose your password to any third party. You must notify us immediately upon becoming aware of any breach of security or unauthorized use of your account.
In order for you to access your account, you need to use an account login name and password. OCTOPOLY will under no circumstances provide these credentials to a third person, other than the actual owner. In the event you forget your password you can reset it via the OCTOPOLY website. An email with further instructions will be sent to your mail address.
If you no longer have access to the email address used to create your account, you need to contact our support team for further information.
The customer is responsible to store and protect their password. OCTOPOLY will not be held responsible for an account, which was compromised due to insecure password or careless handling of the login credentials by the account owner.
If you wish to purchase any product or service made available through the Service ("Purchase"), you may be asked to securely provide certain information relevant to your Purchase including, without limitation, your credit card number, the expiration date of your credit card, your billing address, and your shipping information.
You represent and warrant that (a) you have the legal right to use any credit card(s) or other payment method(s) in connection with any Purchase; and that (b) the information you supply to us is true, correct and complete.
By submitting such information, you grant us the right to securely provide the information to third parties for purposes of facilitating the completion of Purchases.
We reserve the right to refuse or cancel your order at any time.
We reserve the right to refuse or cancel your order if fraud or an unauthorised or illegal transaction is suspected. OCTOPOLY retains the right to refuse certain orders, customers and also to close existing accounts of customers if they are not conforming to the Terms.
6. Renewals of the services
The customer acknowledges that not all fees are one-time fees and that the payment cycles depend on the product. Many of the products OCTOPOLY offers have a monthly or annual renewal fee, which will be automatically charged to the customer if the customer does not expressly let the product or service expire or cancel it before the due date.
For exact information regarding the fees and the renewal of the services, please refer to the specific products and services terms section of the Terms.
7. Fees and Prices
OCTOPOLY endeavours to keep all prices up to date. OCTOPOLY revises all prices on a regular basis and may adjust them in the event a registry has increased their domain fee. We will charge you for the price shown on the website at the date of your order or renewal. Please note that we cannot guarantee the prices for a longer period of time.
We also retain the right to change the fees and prices for any of the offered products and services. You will be informed at least fourteen (14) days in advance of such price change.
Unless a different agreement was specifically arranged with OCTOPOLY, customers are required to pay the invoices at the time of their order. Any other payment option must be arranged with OCTOPOLY in advance and is at OCTOPOLY’s sole discretion.
As a company with headquarters in New Zealand, customers are generally charged in NZD. On request the customers can also pay in USD or EUR depending on their domicile or base of operations. Please contact OCTOPOLY in case you want to pay in a different currency than NZD.
The customer accepts that we can only accept international wire transfers if the amount is higher than 100 NZD.
You acknowledge that and accept that any invoice that is unpaid after thirty (30) days following its issuing date, will be subject of late fees of 1.5% of the invoice value every month until such time as the outstanding amount is paid in full.
In most cases the registration of domain names is performed in real time. This means that as soon as a customer submits the order for a domain name, this order is forwarded to the respective registry and subject to availability the registry will charge OCTOPOLY and the domain will be registered.
OCTOPOLY cannot refund the domain name registration or renewal fees. In some cases it may be possible to cancel the order before the registry has processed it. Please contact our support immediately if you have sent an order by mistake and want us to see if the order can still be cancelled. Regardless of the product or service ordered, if OCTOPOLY deems it possible to cancel the order upon request of the customer, OCTOPOLY reserves the right to charge the customer a 5% (minimum of $10 NZD) cancellation fee.
10. Friends and Fans Referral Scheme
Our friends and fans referral scheme is our way to say thank you to our loyal customer. For the successful invitation of a friend, the existing OCTOPOLY customer as well as the referred new customer will receive a 10% discount on their next and first order, respectively.
It will be deemed a successful invitation when the new referred customer creates an account and submits their first order. The customer acknowledges that the creation of an account only, is not deemed as a successful invitation. The new referred customer must submit at least one order for the discount to be claimed.
Please note that this referral scheme is a courtesy of OCTOPOLY with which we want to reward the referral of new customers. For this reason we put rules and measures in place to reward only genuine new customers. The customer understands and accepts that each new customer can only be referred once. Referring the same customer a second time will not result in the discount reward for either of the parties.
Subject to fourteen (14) days notice, we retain the right to adjust the discount percentage of the friends and fans referral scheme, or cancel the friends and fans referral scheme entirely. The customer also accepts that OCTOPOLY has the right to reject the discount in case of any fraudulent activity or abuse of the friends and fans referral scheme. This includes but is not limited to cases of: self-referral, mass-creation of new email addresses, referring the same customers multiple times, setting up multiple new accounts to receive repeated discounts. If such abuse or behaviour is detected, OCTOPOLY will provide a written warning to the customer. In the event the customer continues to abuse the referral scheme, OCTOPOLY reserves the right to cancel the customer ‘s accounts.
11. Use of free services
OCTOPOLY may offer various services for free as part of certain products and services. The free services include but are not limited to use of DNS infrastructure, URL forwarding, email forwarding, free one page website, and free local presence service. Such services will be free at the sole discretion of OCTOPOLY.
OCTOPOLY reserves the right to begin charge for some or all of the free services in future. In this case the customer will get informed at least thirty (30) days before the price change takes effect, the customer may choose to opt out at any time prior to the effective date of the price change.
12. Supporting Documents
Some products and services, in particular but not limited to country code domain extensions, may require supporting documentation, which has to be provided by the future registrant in order to register the domain name. The customer understands that working with documents results sometimes in the delay of provision of services or products.
Some registries require specific documents which have to be signed and sent back or generic ones such as copy of passport or ID card, company registration certificate, proof of business relationships with the respective country. You may be asked to provide additional documents, which are not listed here.
The customer understands that it is not OCTOPOLY requiring those documents but that we are only following the requirements of the respective registries. That being said, the customer acknowledges that OCTOPOLY has to forward such documents to the respective registries. The customer accepts also that in case there is a third party or intermediate provider between OCTOPOLY and the registry, OCTOPOLY has the right to send the documents to this third party or intermediate provider.
We chose our partners after due diligence and we do our best only to work with credible, reputable and certified partners, OCTOPOLY cannot be made responsible for the compromise of any documentation sent to a third party in the process of provisioning the order for a customer.
13. Availability, Errors and Inaccuracies
We are constantly updating our offerings of products and services on the Service. The products or services available on our Service may be mispriced, described inaccurately, or unavailable, and we may experience delays in updating information on the Service and in our advertising on other web sites.
We cannot and do not guarantee the accuracy or completeness of any information, including prices, product images, specifications, availability, and services. We reserve the right to change or update information and to correct errors, inaccuracies, or omissions at any time without prior notice.
At all times, and without exception, OCTOPOLY will make all reasonable efforts to adhere to the Fair Trading Act (1986) and Consumer Guarantees Act (1993) of New Zealand.
14. Intellectual Property
The Service and its original content, features and functionality remain the exclusive property of OCTOPOLY and its licensors. The Service is protected by copyright, and trademark laws as enforceable by New Zealand legislation. Any content, media, marks or otherwise, protected by trademark or copyright may not be used in connection with any product or service without the prior written consent of an authorised officer of OCTOPOLY.
15. Links To Other Web Sites
Our Service may contain links to third party web sites or services that are not owned or controlled by OCTOPOLY.
OCTOPOLY has no control over, and assumes no responsibility for, the content, privacy policies, or practices of any third party web sites or services. You further acknowledge and agree that OCTOPOLY shall not be responsible or liable, directly or indirectly, for any damage or loss caused or alleged to be caused by or in connection with use of or reliance on any such content, goods or services available on or through any such web sites or services.
We strongly advise you to read the terms and conditions and privacy policies of any third-party web sites or services that you visit.
16. Limitation Of Liability
In no event shall OCTOPOLY, nor its directors, employees, partners, agents, suppliers, or affiliates, be liable for any indirect, incidental, special, consequential or punitive damages, including without limitation, loss of profits, data, use, goodwill, or other intangible losses, resulting from (a) your access to or use of or inability to access or use the Service; (b) the suspension of a domain name and loss of registration fees, due to non-compliance with registry requirements; (c) any conduct or content of any third party on the Service; (d) any content obtained from the Service; and (e) any loss or damage caused in connection with the use of services that are provided for free; (f) unauthorized access, use or alteration of your transmissions or content, whether based on warranty, contract, tort (including negligence) or any other legal theory, whether or not we have been informed of the possibility of such damage, and even if a remedy set forth herein is found to have failed of its essential purpose.
Your use of the Service is at your sole risk. The Service is provided on an "AS IS" and "AS AVAILABLE" basis. The Service is provided without warranties of any kind, whether express or implied, including, but not limited to, implied warranties of merchantability, fitness for a particular purpose, non-infringement or course of performance.
OCTOPOLY its subsidiaries, affiliates, and its licensors do not warrant that a) the Service will function uninterrupted, secure or available at any particular time or location; b) any errors or defects will be corrected; or c) the results of using the Service will meet your requirements.
18. Privacy Statement / Data protection
In order to manage the customers, administrate their accounts and invoice the services provided to them, we will store certain personal data pertaining to the customer in our databases. Subject to New Zealand privacy laws, we undertake our best efforts to keep your data protected and secure.
The customer acknowledges that OCTOPOLY cannot give a 100% guarantee for the safety and protection of their personal details. Operating on the Internet there is always a risk of personal information to be obtained by third parties. By using our services the customer accepts the risks and possible consequences and agrees not to hold OCTOPOLY responsible for any damage suffered where all reasonable care has been taken.
The customer allows and authorises OCTOPOLY to process their personal data for market research purposes and promotional campaigns. In case you prefer not to be contacted with promotion or marketing material from us, you are free to inform us about this and we will remove you and your email address from our marketing distribution list.
19. Governing Law
These Terms shall be governed and construed in accordance with the laws of New Zealand, without regard to its conflict of law provisions.
Our failure to enforce, or choice to not enforce any right or provision of these Terms will not be considered a waiver of those rights. If any provision of these Terms is held to be invalid or unenforceable by a court, the remaining provisions of these Terms will remain in effect. These Terms constitute the entire agreement between us regarding our Service, and supersede and replace any prior agreements we might have between us regarding the Service.
20. Force majeure
In an event of force majeure, neither the customer, nor OCTOPOLY shall be responsible for any failure or delay to fulfil their obligations under the terms of this contract.
The customer acknowledges that the lack of financial measures to pay any of the fees for services provided to them by OCTOPOLY does not count as force majeure.
OCTOPOLY will not be held liable by the customer for any damage or indirect loss that may be the result of the failure of our services or systems or any actions and interference of third parties.
Upon termination, your right to use the Service will immediately cease. If you wish to terminate your account, you may simply discontinue using the Service.
The customer may terminate the agreement and their account with us at any time by sending a thirty (30) day notice of termination letter. The termination will take effect as soon as all outstanding invoices of the customer have been paid.
The customer understands that the termination of the registrant agreement with OCTOPOLY does not affect the contract and registration periods of their products and services.
In the event a customer wishes to cancel their account with us, they need to transfer their existing products to another provider before the account can be fully terminated. Alternatively the customer can cancel all products with OCTOPOLY before the termination agreement takes effect.
22. Service Suspension
We may terminate or suspend your account immediately, without prior notice or liability, for any reason whatsoever, including without limitation if you breach the Terms.
OCTOPOLY reserves the right to close your account at its sole discretion (a) if we are ordered to do so by a court of competent jurisdiction; and to comply with any applicable laws, government rules or requirements; (b) if the use of the domain name is illegal or if the domain name actively infringes trademark or copyright laws.
The products and services are used in ways other then their intended purpose, including but not limited to: sexual abuse, harassment, criminal activities and fraud. In any of these cases the customer has no right for compensation for any perceived suffered damages.
OCTOPOLY may suspend access to a customer account during maintenance work or any update operations on our server and platforms.
23. Contact Us
If you have any questions about these Terms, please contact us.
Products & Services Terms
24.1. Domain Registration
OCTOPOLY functions as an intermediary between the registry and the domain registrant. In order to facilitate the domain registration, OCTOPOLY provides a domain search engine free of charge. It allows the customer to check the availability of domain names and lets them register the domain in case it is available for registration.
OCTOPOLY shall register domain names for the customer, by forwarding their requests to the respective registry in order to register the domain name. The successful registration depends on various factors, including but not limited to correct details submitted by the future registrant, fulfilment of the extension and registry requirements and of the general availability of the chosen domain name. Based on these requirements, the customer understands that OCTOPOLY cannot guarantee the successful registration of a domain name.
Once a domain name is registered, OCTOPOLY will grant the customer direct access to the domain name via the domain account of the customer with OCTOPOLY. The customer has then full control over the domain name.
The customer agrees not to register a domain name that they know will infringe upon any trademark, brand, or other propriety rights of third parties.
24.2. Domain Activation
Certain domain extensions need the domain name to be activated before the customer can use it. In order to activate the domain name the domain registrant may be asked to take action; for example to confirm an email sent to them by the registry, forward an activation code sent by the registry to OCTOPOLY, accept a phone call by the respective registry or login to a registry control panel and confirm their details and validity of the registration order.
The customer understands that without their help, the help of the future domain owner, the domain activation cannot be successfully finalised and they risk that the domain will get deactivated again by the registry. The customer acknowledges that it is not the fault of OCTOPOLY if a domain name gets deactivated, removed or deleted by the registry if the customer did not process the activation or provide the responses required.
24.3. Domain Transfers
The customer understands that some registries do not allow a domain name to be transferred in a timeframe of sixty (60) days after the registration date or after a successful registration. In those cases the customer must wait until the lock period is over and the domain name can be transferred.
The customer understands that OCTOPOLY cannot influence this as this is a regulation by the respective registry, or consensus policy of the regulatory body, ICANN.
24.4. Domain Update
OCTOPOLY will offer their customers the means and tools to update their domain name information. The customer understands that not all registries support or allow the modification of domain names registered under their extension. Certain registries may only allow the update of the nameserver information but not of the domain owner details. For this reason it is very important for the customer uses accurate information.
The customer understands that OCTOPOLY cannot be made responsible if domain names registered with out-dated or incorrect information cannot be updated due to registry restriction.
24.5. Domain Renewals
The customer understands that the domain fees are a yearly fee, which will be charged by OCTOPOLY every year, or according to the domain name renewal cycle. Subject to all applicable fees being paid, the registrant is the rightful owner of the domain name and has full control to administer it.
In general domains have to be renewed manually by the customer every year. If the customer fails to do that, the domain name will be set to expiration and will expire at the end of its registration period. Once the domain has expired the customer has lost the control and rights over the domain.
OCTOPOLY provides a service that allows the customer to automatically renew their domains every year. The customer understands that as long as the automatic renewal is activated for their domain name(s), OCTOPOLY has the right to charge the related domain fee.
24.6. Domain Deletion
Where possible, OCTOPOLY will try and delete a domain name on request of a customer. The customer acknowledges that not all registries do allow the deletion of a domain name and in many cases the only possibility is to let a domain name expire.
OCTOPOLY cannot be made responsible for any damages or claims that result from a domain name that was not supposed to be in the possession of a customer and should have been deleted on the request of a third party, judge or by any other authority.
24.7. Domain Expiration
When the domain name expires, OCTOPOLY is required by ICANN to remove the nameservers and point the domain name to a website showing that the name needs to be renewed. Immediately after the domain name has expired you lose the rights to use the domain name.
After the expiration of the domain name, depending on the extension, the domain name will remain in a “redemption” period or phase in which the domain name cannot be reclaimed and is prepared to be deleted by the registry.
In this phase the domain name still shows your name as the owner but you do not have any rights to the domain name.
Please see also the Expired Registration Recovery Policy (ICANN).
24.8. Domain Restore/Reactivation
Some registries do offer a restore/reactivation feature for their extension. This means that the domain name could be restored and claimed back by the former owner. Please note that this service is subject to a restore/reactivation fee, which is charged by the registry and passed on to you.
On your request, we will do our best to try and regain your domain name, but you accept that there is no guarantee for the restore/reactivation of your domain name.
24.9. Parking Page
The customer acknowledges that OCTOPOLY has the right to redirect all registered but unused domain names to a parking page. This is done to avoid showing a 404 Error page. This parking page may show and offer other OCTOPOLY products and services.
The customer is entitled to deny such redirection or edit the nameservers at any time and point the domain to their hosting provider.
24.10. Domain owner details
The customer understands that it is of upmost importance to use valid and correct domain owner details for the registration of their domain names. In particular the accessibility and reachability of the email address used for the domain registration is very important.
The customer is obligated to keep their domain details up to date at all times. Not doing so could result in the deletion of the domain name.
The customer acknowledges that whoever controls the domain registrant email address has full control over the related domains. As such it is the customer’s responsibility to supply at the time of registration an email address, which they own and control.
Please see also Registrant Rights and Responsibilities(ICANN).
Required by ICANN regulation, registrars are now obliged to remind all domain registrants once a year to check and verify the correctness of their domain whois details Whois Data Reminder Policy (ICANN).
24.11. Dispute resolution
You agree to the industry standard Uniform Domain Name Dispute Resolution Policy (“UDRP”). You understand and accept that OCTOPOLY cannot be hold liable for the outcome of the UDRP and that we cannot influence or dispute it, nor can we challenge the decision or block the domain name and refuse to release it to the challenging third party. You accept that ICANN has the right to change the UDRP rules at any time.
General dispute resolution: Uniform Domain-Name Dispute-Resolution (ICANN)
Especially for new domain extensions: Uniform Rapid Suspension System (ICANN)
You understand that the fees for any domain order needs to be paid by you in full and in advance of receiving the related service. You agree that in case a payment made with a credit card has been charged back, we retain the right to take back or block the domain name until the outstanding bill has been paid in full.
Unless explicitly specified for a certain TLD, OCTOPOLY will refund the registration fees in case a domain name could not be registered for the customer.
The customer accepts that some registries charge a non-refundable fee for the attempted registration. In particular when they have to verify documents for the registration process. The customer understands that in those cases OCTOPOLY cannot refund the non-refundable part of the registration fees.
24.13. Free Domain Name Promotions
Unless otherwise specified, our free domain promotions are valid for one domain name per user. We reserve the right to deactivate accounts and delete domains that are used for spam or fraudulent activities, violate trademark laws, or are in conflict with the rules of our domain promotions or our genreal terms and conditions.
24.14. Domain Registry Policies
In our function as an ICANN accredited domain registrar, or domain name reseller, OCTOPOLY is bound to the rules of ICANN and all registries we are collaborating with. Under the following page you will find a list of all registry policies that all accredited domain registrars are bound to.
OCTOPOLY as well as our customers need to comply with these rules.
25.1. Service Description
OCTOPOLY provides the customer with various website solutions that allow the customer to build different kind of websites including but not limited to blog, personal website, online store, company website, charity platform etc.
The customer has access to a user control panel that allows them to fully control and manage the look, layout and content of their website. The customer understands that unless otherwise ordered by them, the creation and design of the website is their own responsibility.
25.2. Website Availability
OCTOPOLY will make its best efforts to provide the Website service on a 24/7 basis.
In case of any planned/expected downtimes of the Website service due to maintenance work, rebooting the server or other technical reasons we will do our best to inform you ahead of time so that you can take the necessary steps on your end to inform your customers.
However, the customer acknowledges that there might be unexpected downtimes of the Website service unplanned and unexpected maintenance work, power outage or any other technical reasons. In such cases, OCTOPOLY will always do its best to bring the service back online as soon as possible.
25.3. Website fees
The customer accepts and acknowledges that the website fees are a recurring fee that is charged by OCTOPOLY on a recurring basis.
Only the web design fee, for creating a website on request of the customer, is a one time fee.
25.4. Liability and Responsibility
The customer accepts that OCTOPOLY cannot be held responsible or liable if a third party gains access to the hosting because of careless handling of the login details by the customer.
The customer commits to use the Website service only for genuine purpose and only with good intention. The customer understands that the use of the service is not acceptable for any purpose that is: unlawful, threatening, abusive, harassing, invasive, hateful, racist or in any ways harmful to minors. The customer will not post or upload any material or content that is infringing patents, trademarks copyrights or other proprietary rights of third parties.
The website will not be used as platform to share illegal or copyright material nor will it be used for any illegal activities.
Websites that infringe this clause will face to be shut down without prior warning and the customer will lose the access rights to the website and is not entitled to any refund.
The customer understands that in case the fees for the website service are not paid, or the customer decides to let the service expire, OCTOPOLY has the right to delete the website and remove all its contents from the server to regain the space for a new customer.
The customer does not have any right or claim towards OCTOPOLY to keep the website information stored after the service is explicitly not renewed by the customer.
In case the customer decides to cancel the website service before its expiration date, there is no general right for refund for any excess fees. It is in the sole discretion of OCTOPOLY to decide if a refund will be granted or not.
26. Mailboxes26.1. Service Description
OCTOPOLY provides the customer with a mailbox solution that allows the customer to setup a personalised email address using their domain name.
OCTOPOLY will take all reasonable measures to provide the service 24/7 but the customer understands that maintenance works may require OCTOPOLY to restart the service which may result in a short down time of the service for the customer.
All emails that are sent or received by the customer in the downtime will be collected and distributed as soon as the service is back online. The customer understands that it is their responsibility to make sure that their emails have been delivered. OCTOPOLY cannot be made responsible for damages caused by emails that are stuck in the outbox and have not been delivered yet.
The customer understands that the mailbox product can only be used with domain names registered at OCTOPOLY.
The mailbox service cannot be transferred to another customer and can only be used by the customer who originally ordered the service with OCTOPOLY.
26.4. Liability and Responsibility
The customer understands that they have no right to claim for compensation for any damages that may occur through any third party that got access to their mailbox due to careless handling of the login details by the customer.
Unless required to do so by a court order, OCTOPOLY will never grant any third party access to the mailbox of the customer and any of the related emails.
The customer understands that if the mailbox service gets terminated by them, OCTOPOLY has the right to delete the service and all related emails from our servers.
The customer has no right to claim for compensation or damage through loss of any important emails in case they specifically ask OCTOPOLY to terminate the service.
27. Domain Privacy Service
27.1. Domain Privacy Service Description
The Domain Privacy Service is an OCTOPOLY service that allows the user to hide their personal details from the official domain owner database, called whois. Hiding the identity of the domain owner helps the customers to protect themselves.
Activating the domain privacy means that OCTOPOLY will replace the domain owner details with the details of the Domain Privacy company:
Whois Privacy (enumDNS dba)
BPM 333868, Rue Gabriel Lippman 34
The email address of the owner will be replaced with an automatically and randomly generated email address. The new email address will forward all emails to the domain owners original email address.
Despite changing the owner in the Whois, the ownership of the domain name remains with the actual domain owner. On request OCTOPOLY will verify the ownership of the domain with a certificate of ownership.
The sole purpose of the Domain Privacy service is to hide the domain owners details form the public whois database. The service shall not be used for any other purposes or reasons. Should the Domain Privacy service be used by the customer for fraudulent or unlawful purposes, OCTOPOLY reserves the right to remove the Domain Privacy service.
By using the Domain Privacy service, the domain owner authorises both, Domain Privacy Ltd and OCTOPOLY to read the emails and post sent to the cover address. The customer also gives the authorisation to Domain Privacy Ltd and OCTOPOLY to disregard and delete any obvious spam post.
The customer understands and accepts that the Domain Privacy service can and will only be provided to domain names registered with OCTOPOLY. When a domain name using the Domain Privacy Ltd protection service is being transferred away to another registrar, the domain loses the right to use the service. The service will and has to be removed before the domain can be transferred away.
The customer understands that the Domain Privacy service is under no circumstances a post or mail forwarding solution. The customer accepts that neither Domain Privacy Ltd nor OCTOPOLY can be held responsible for miss-use of the service by the customer.
The customer accepts that the Domain Privacy service cannot be used by all domain extensions and that it can only be used with domain extensions for which the responsible registry explicitly allows the use of such whois privacy services.
The Domain Privacy fee is valid for the yearly registration period of a domain name and will automatically renew together with the domain name, unless the owner removes the service from the domain name before it is renewed.
The customer acknowledges that this service is exempt from any refunds. By applying the service to a domain name, OCTOPOLY has fulfilled its duty. If a customer removes the service before the expiration of the domain name, or if the Domain Privacy is cancelled because the customer transfers the domain name to another registrar, there is no right for partial refund of the Domain Privacy service fee.
When a customer asks to remove the Domain Privacy service from their domain, OCTOPOLY will update the domain to the original registrant contact details, which were used before the domain was updated to the Domain Privacy.
The customer accepts and understands that in case of a complaint or lawsuit against a domain protected by the Domain Privacy service, or against Domain Privacy Ltd as service provider and domain trustee, OCTOPOLY retains the right to remove the service and update the domain name with the details of the actual domain owner.
Domain Privacy Ltd and OCTOPOLY retain also the right to remove the service if it is miss-used by the customer or used in a way other then the intentional one.
28. Domain Consolidation Service
The purpose of the domain consolidation service is to consolidate all the domains of a customer into their domain account with OCTOPOLY. To activate this service, the customer needs to supply OCTOPOLY with a list of all their domain names and current providers.
We will give our best to consolidate the customer’s domains in timely fashion and without interruption or incidents. The customer understands that depending on the complexity of the country code domains, which shall be consolidated, there is no guaranteed timeframe in which the consolidation will be finalised.
Under the consolidation service, OCTOPOLY tries to do as much of the transfer work as possible, but the customer understands that there are certain extensions and procedures in which they need to assist with including but not limited to confirm transfer emails, fill and submit documents and submit information to the respective registries.
Because of that, the success of the consolidation programme depends on the reaction and assistance of the customer and domain owner.
The customer acknowledges that there are few extensions, which cannot be transferred or consolidated due to limitations by the registry. OCTOPOLY could take over the management of these domain names at their current provider on request of the customer.
29. Domain Portfolio Management Service
With the Domain Portfolio Management Service, OCTOPOLY takes over the complete management of the domains of a customer. This means that OCTOPOLY will perform all related tasks, including but not limited to: domain registrations, domain transfers, domain renewals, domain deletions (if supported by the respective registry), and domain updates.
The customer can inform OCTOPOLY by phone or email, about changes that need to be made and OCTOPOLY will try to accommodate the requests in a timely fashion. The customer gives OCTOPOLY at least five (5) days to process their request.
Using the Domain Portfolio Management Service, the customer still has full access to their domain account and all tools. The customer can therefore also perform any of the domain name management tasks on their own. The customer agrees that if problems arise due to customer activities, OCTOPOLY cannot be made responsible for any damages.
30. Trademark Clearinghouse (TMCH) Service
30.1. TMCH Description
The TMCH is a service created by ICANN. The purpose is to protect brands and trademarks from wrongful registration of domains using their name by third parties. OCTOPOLY is a direct TMCH agent and accredited with Trademark Clearinghouse. In the scope of this service, OCTOPOLY will record the customer’s trademark with the TMCH database.
After the successful registration of a trademark or brand name in the TMCH database, the customer will receive a notification from our system whenever a domain name with their mark has been registered anywhere in the world.
The customer acknowledges that the TMCH is a service that was created specifically for the new generic top-level domains, and does not cover any domain names under the legacy generic extensions nor under the country code extensions.
The customer understands and accepts that the TMCH is a notification service, not a blocking service. Successful registration of their marks in the TMCH database does not prevent third parties from registering a domain name using that mark.
30.3. Liability and Responsibility
The customer understands that the successful filing of their mark with TMCH depends on the correctness and completeness of the necessary trademark documentation and proof us use, which have to be provided by the customer and trademark owner.
It is in the sole responsibility of the customer to source and supply the required documentation, which is needed for the successful recognition of their brand or trademark by the Trademark Clearinghouse.
The customer understands that, in order to proceed with the registration of their brand or trademark with TMCH, OCTOPOLY needs to forward their documentation to the Trademark Clearinghouse. The customer understands that the forwarding of the information and documentation can only be transmitted by email.
The customer acknowledges that the TMCH comes with an annual fee and that the TMCH filing has to be renewed on a yearly basis. If they customer has opted in for a multiple year TMCH recording the service is due for charge again after the expiration of the first registration term.
The customer understands that the renewal of the TMCH service may require them to re-submit the documentation. OCTOPOLY may also be asked by TMCH to provide newer or updated documents.
The customer acknowledges that OCTOPOLY cannot be made responsible for any additional costs for them caused by the issue and certification of necessary documents.
The customer acknowledges that they may have additional costs for the issuance, notarisation or certification of the documents required by TMCH to process their TMCH application. The customer understands that any additional costs they have for the sourcing of the required documentation, cannot be deducted from the OCTOPOLY TMCH service fee, nor can OCTOPOLY made responsible for any damages or claims caused by it.
In case the TMCH increases the yearly service fees for the TMCH protection, OCTOPOLY shall forward the increased fees to the customer.
The customer understands that TMCH charges for the application to file a trademark, even when the actual filing of the trademark fails due to missing, incorrect or incomplete documentation, submitted by the customer. The customer acknowledges that there is no refund in case of failed TMCH registration attempt. OCTOPOLY cannot be made responsible for such an event.
The customer acknowledges that if they do not renew the TMCH service and the brand name or trademark expires, they will not be able to benefit any longer from the TMCH notification services.
31. Local Presence Service
31.1. Local Presence Service Description
Some country code registries require a local physical address in their country in order to be eligible to register a domain under their extension. Where possible, OCTOPOLY may offer a Local Presence Service (“LPS”). This will allow the future registrants to register the domain name without actual residing in the respective country.
With few exceptions, the LPS is in most cases offered for free and without additional charge. However, the customer understands that in some cases additional charges may apply, in which case OCTOPOLY will inform the customer in advance.
31.2. Use and application of the service
Where possible OCTOPOLY will automatically use their LPS for required extensions and will not consult with the. This is done to simplify and speed up the registration process for the customer.
In case the customer does not want to use the LPS and rather not own the domain name, they can inform OCTOPOLY and we will let the domain name expire at its next expiration date. The customer understands that there is no refund on domain names registered with the OCTOPOLY LPS.
The customer accepts that not all registries allow the use of such service and that in case there is a policy change, which limits or removes the right to use such service, the customer may face the loss of their domain name. The customer understands that in such cases, when the domain is lost due to changes of the policy and registry regulations, OCTOPOLY cannot be held responsible and furthermore is not responsible for any compensation.
31.4. Liability and Responsibility
The customer acknowledges that the LPS is not comparable with the Domain Privacy service and that under no circumstances these two services are interchangeable. The LPS is exclusively provided to allow the customer the registration of a domain name under an extension that requires local presence.
32.1. Service Description
OCTOPOLY offers full name server infrastructure, free of charge to all customers. You can use the OCTOPOLY nameservers for all your domain names. You are entitled to edit, change and modify the nameserver for your domain and nameserver entries at any time, using the provided functions in our customer control panel.
When the OCTOPOLY nameservers are used, the customers have also full control over the zone records and entries and change edit and modify them without limitation.
32.2. Liability and Responsibility
The customer commits to use the OCTOPOLY nameservers in a reasonable fashion and only in the frame of their intended use. In case the customer pursues any activities that have a harmful effect on our infrastructure, including but not limited to DDoS attacks, overuse or slow down of our infrastructure, we retain the right to suspend the provision of this service to the customer and deactivate the domain name causing the problems.
If a domain name that uses the OCTOPOLY nameservers is transferred to another registrar, this domain loses the rights to use our nameserver infrastructure. OCTOPOLY retains the right to remove any related DNS zones from our platform to keep our platform clean and fast for all remaining domains.
The customer acknowledges that they have no right for compensation for damages caused by the downtime of a domain name that used the OCTOPOLY nameservers while it has been transferred away to another domain registrar.
By registering a domain name with us you automatically accept our as well as the specific registry policy of the respective domain extension. Below a list with links to all registry policies for all extensions that we offer.