Domain Agreement

ATAKDOMAIN.COM DOMAIN REGISTRATION AGREEMENT

1. OVERVIEW

This Domain Registration Agreement (this “Agreement”) is entered into by and between you and Atak Domain Bilgi Teknolojileri A.Ş. (ATAK DOMAIN) and shall be effective as of the date of electronic acceptance. This Agreement sets forth the terms and conditions of your use of ATAK DOMAIN’s domain registration services. The terms “we”, “us”, or “our” refer to ATAK DOMAIN. The terms “you”, “your”, “User” or “customer” refer to the individual or entity that accepts this Agreement. Unless otherwise stated, no provision in this Agreement shall be deemed to confer any rights or benefits on any third party.

By accepting this Agreement, you acknowledge and agree to the following:

(i) ATAK DOMAIN, at its sole discretion, may change this Agreement and the policies or agreements referenced herein at any time, and such changes or revisions shall be effective immediately upon posting on the Site; and (ii) your continued use of the Site or the Services offered on the Site after such changes or revisions have been made shall constitute your acceptance of the most recent version of this Agreement. If you do not agree to be bound by the latest version of this Agreement, do not use (or continue to use) this Site or the Services found on this Site. Additionally, ATAK DOMAIN may notify you of changes or modifications to this Agreement via email from time to time. Therefore, it is very important that you keep your customer account (“Customer Account”) information, including your email address, up to date. ATAK DOMAIN shall not be liable if you fail to receive an email notification due to an incorrect or outdated email address. ATAK DOMAIN is an ICANN-accredited domain registrar ("Internet Corporation for Assigned Names and Numbers").

You acknowledge and agree that ATAK DOMAIN may modify this Agreement to comply with (i) ICANN requirements and/or (ii) the applicable terms and conditions established by the registry for a given top-level domain (“TLD”) or country code top-level domain (“ccTLD”). The term “Registry Service Provider” refers to the service provider responsible for operating and managing the registration services on behalf of the Registry Operator for the applicable TLD or ccTLD.

2. SPECIAL PROVISIONS FOR ALL REGISTRATIONS

Unless otherwise stated, the provisions of Section 2 below apply to all TLDs we offer. Specific provisions for TLD or ccTLD domain names are outlined in later sections of this Agreement.

1. Registration Policies. You agree to comply with all applicable Registration Policies (as outlined above in this Agreement) for registering your domain name. Notwithstanding any other provisions in this Agreement, the Registry Operator of the TLD in which your domain is registered is a third-party beneficiary of this Agreement. The parties to this Agreement acknowledge and agree that the Registry Operator is granted third-party beneficiary rights and acts based on such rights by virtue of an agreement between the Registry Operator and ATAK DOMAIN as the registrar for the applicable TLD. These third-party beneficiary rights shall not be affected by any termination of this Agreement.
2. Registration Requirements. If a TLD or ccTLD requires certain eligibility (e.g., residency for .JP, .EU), validity (e.g., DNS verification), or other identity verification criteria for registering a domain name, then by submitting an application, registering, or renewing a domain name, you represent and warrant that: (a) all information provided (including supporting documents if applicable) is true, accurate, complete, and submitted in good faith; (b) you meet and will continue to meet the eligibility criteria set forth by the applicable TLD's Registration Policies throughout the registration term; (c) you have not previously submitted an application for the same domain to another registrar using the same eligibility criteria that was rejected (if applicable); (d) even if accepted for registration, your right to use the domain may still be challenged by third parties; and (e) if any of the representations are found to be false, misleading, or incomplete, the registrar or registry may cancel the registration.
3. No Misleading Content, Trademark or Imitation Sites Allowed. The user may not host content that impersonates third parties, infringes on trademarks, business names, or service marks, or is misleading, fraudulent, or deceptive in nature. In such cases, Atak Domain reserves the right to suspend the domain and report it to authorities.
4. Ownership. You acknowledge and agree that registration of a domain name does not grant ownership rights in the domain name itself to you, the registrar, or any other person. Entry of a domain name into the registrar’s records does not constitute evidence of ownership. You will not attempt to transfer, assign as security, or encumber your domain registration in any way.
5. ICANN Requirements. You agree to be bound by ICANN’s applicable standards, policies, procedures, and practices, including those set forth in its agreements with accredited Registry Operators and other applicable regulations.
6. Registrar Indemnification. You agree to indemnify, defend (within 30 days of receiving notice), and hold harmless the Registry Operator, Registry Service Provider, and their subcontractors, affiliates, partners, divisions, shareholders, officers, directors, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns from any and all known or unknown claims, damages, losses, liabilities, costs, expenses, and legal fees arising out of or related to your domain registration or use, including registration, renewal, deletion, transfer, or violation of applicable terms or policies. You also agree not to enter into any settlement or mediation regarding any indemnifiable claim without prior written approval from the Registry Operator or Registry Service Provider, which shall not be unreasonably withheld. This indemnity shall survive any termination or expiration of this Agreement. In no event shall the Registry Operator be liable for any direct, indirect, incidental, consequential, exemplary, or punitive damages, including loss of profits or goodwill, data loss, or inability to use the domain, even if advised of the possibility of such damages.
7. Regulated TLDs. If you register a domain under a “Regulated” TLD, you acknowledge and agree to comply with additional requirements, including: (a) compliance with all applicable laws relating to privacy, data collection, consumer protection (including deceptive practices), fair lending, debt collection, organic farming, data disclosure, and financial disclosures; and (b) if you collect or store sensitive health or financial data, you must implement reasonable and appropriate security measures as defined by applicable law. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show, .theater, .town, .city, .reise, .reisen, .coop, .bank, .aero, .travel.
8. Highly Regulated TLDs. In addition to requirements for Regulated TLDs, you agree that registration under “Highly Regulated” TLDs is subject to: (a) maintaining up-to-date contact information for administrative personnel and relevant regulatory or self-regulatory authority contacts; (b) possessing and maintaining valid credentials, licenses, or authorizations for participation in the related sector; and (c) complying with all applicable licensing requirements and continuing to operate within the scope of services relevant to consumer interests in that sector. Highly Regulated TLDs include: .abogado, .attorney, .bank, .bet, .bingo, .casino, .charity (and IDN xn--30rr7y), .cpa, .corp, .creditcard, .creditunion, .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery, .university, .vermogensberater, .versicherung, .wtf.

2. SPECIAL PROVISIONS FOR ALL REGISTRATIONS

Unless otherwise stated, the provisions in Section 2 below shall apply to all TLDs offered by us. Provisions specific to TLD or ccTLD domain names are outlined in later sections of this Agreement.

1. Registration Policies. You agree to comply with all applicable Registration Policies (as previously defined in this Agreement) for your domain name registration. Notwithstanding any other provisions of this Agreement, the Registry Operator for the TLD in which your domain is registered is and shall be a third-party beneficiary of this Agreement. Accordingly, the parties to this Agreement acknowledge that the Registry Operator is granted third-party beneficiary rights and acts under those rights through an agreement with ATAK DOMAIN to operate as the registrar for the respective TLD. These third-party beneficiary rights shall not be invalidated by any termination of this Agreement.
2. Registration Requirements. If a TLD or ccTLD requires eligibility (e.g., residency for .JP, .EU), validity (e.g., DNS verification), or other authentication requirements, by submitting an application or registering or renewing a domain name, you (a) represent and warrant that all information provided (including any supporting documents, if applicable) is true, complete, and not misleading, and that the application is made in good faith; (b) confirm that you meet and will continue to meet the eligibility criteria set out in the Registration Policies of the respective TLD throughout the term; (c) confirm you have not previously submitted an application using the same eligibility criteria for the same domain to another registrar that was rejected (if applicable); (d) acknowledge that even if the domain is accepted for registration, your right to register it may still be challenged by others claiming rights to the domain; and (e) accept that if any warranty is found to be false, incomplete, or misleading, the Registrar or Registry may cancel the domain registration.
3. Misleading Content, Trademark and Imitation Sites Not Allowed. The user may not host any misleading, fake, fraudulent content or content that impersonates third parties or infringes trademarks, trade names, or service marks. In such cases, Atak Domain reserves the right to suspend the domain and notify relevant authorities.
4. Ownership. You acknowledge that registration of a domain name does not confer any ownership rights to you, the Registrar, or any other party in the name or the domain registration, and that entry of a domain name into the registrar’s records is not evidence of ownership. You may not assign, transfer, pledge, or otherwise encumber the domain registration under any circumstances.
5. ICANN Requirements. You also agree to comply with all applicable ICANN standards, policies, procedures, and practices, as required under the Registry Agreement between the Registry Operator and ICANN or other applicable arrangements.
6. Registrar Indemnity. You agree to indemnify and hold harmless the Registry Operator, Registry Service Provider, their subcontractors, affiliates, partners, shareholders, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors, and assigns from and against any and all known or unknown claims, damages, losses, liabilities, costs, legal and attorney fees, including but not limited to those arising from use, registration, renewal, deletion, transfer, or any violation of applicable terms, policies, or laws. You will not participate in any settlement or mediation of an indemnifiable claim without the prior written consent of the Registrar or Registry Operator. This indemnity shall survive the termination or expiration of this Agreement. The Registry Operator shall not be liable for any direct or indirect damages, loss of profits, reputation, or data, even if advised of the possibility of such damages, and regardless of the legal theory on which such damages might be based.
7. Regulated TLDs. If registering within a “Regulated” TLD, you agree to: (a) comply with all applicable laws concerning privacy, data collection, consumer protection (including misleading conduct), fair lending, debt collection, organic agriculture, data disclosure, and financial disclosures; (b) implement reasonable security measures proportionate to the services you provide, especially when handling sensitive health or financial data. Regulated TLDs include: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, .mortgage, .degree, .mba, .audio, .book, .broadway, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .law, .limited, .show, .theater, .town, .city, .reise, .reisen, .coop, .bank, .aero, .travel.
8. Highly Regulated TLDs. In addition to the requirements for Regulated TLDs, registrations under “Highly Regulated” TLDs are subject to: (a) providing up-to-date contact information for administrative and relevant regulatory contacts; (b) having the required licenses, credentials, or authorizations to participate in the relevant sector; and (c) notifying of any material changes affecting those credentials and continuing to operate in a manner aligned with consumer interests in that sector. Highly Regulated TLDs include: .abogado, .attorney, .bank, .bet, .bingo, .casino, .charity (and IDN xn--30rr7y), .cpa, .corp, .creditcard, .creditunion, .dds, .dentist, .doctor, .fail, .gmbh, .gripe, .hospital, .inc, .insurance, .lawyer, .lifeinsurance, .llc, .llp, .ltda, .medical, .mutuelle, .pharmacy, .poker, .university, .sarl, .spreadbetting, .srl, .sucks, .surgery, .university, .vermogensberater, .versicherung and .wtf.