Domain registration agreement

Preamble

Last updated: June 11, 2025.

By registering a domain name with Upkyo, headquartered at 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA, through its Upkyo service available at upkyo.com, hereinafter “Upkyo,” you agree to this Domain Registration Agreement. This agreement sets out your rights and obligations as a domain name registrant, as well as Upkyo’s responsibilities as an intermediary between you and the domain registrars and the domain management authorities, or registries.

1. Registration Requirements

To register a domain name through Upkyo, you must provide complete, accurate and up-to-date information. This includes, without limitation, your full name or, for legal entities, your company name, your mailing address, your email address, your phone number, and the administrative, technical and billing contact details associated with the domain. You must verify that this information is accurate at the time of registration and update it promptly if anything changes, through your client area on upkyo.com. Any inaccurate or incomplete information may lead to the suspension or deletion of your domain name by the registrar or the relevant authority. Upkyo reserves the right to verify this information and to contact you to request corrections if necessary.

You also warrant that you are authorized to provide this information and that its use to register the domain does not violate any law or any third-party right, such as intellectual property rights. In the event of a dispute arising from incorrect information, you release Upkyo from all liability.

2. Domain Ownership

By registering a domain name through Upkyo, you become the legal registrant of that domain, provided that you comply with this agreement, the policies of the relevant registrar and applicable law. As the registrant, you have the following rights: to use the domain for your websites, email or other online services; to transfer it to another registrar or registrant, subject to the registrar’s terms; and to renew it to maintain your ownership. However, these rights are subject to the rules set by the domain management authorities, for example ICANN for gTLDs or AFNIC for .fr domains.

You acknowledge that Upkyo acts solely as an intermediary and is not the owner of the domain. Upkyo has no control over how registries allocate domain names or whether they are available. You are responsible for making sure that the domain name you choose does not infringe third-party rights, such as trademarks, trade names or copyrights. If a third party makes a claim, you agree to indemnify Upkyo for any damages or costs arising from the use of the domain.

3. Renewals and Transfers

You are responsible for renewing your domain name before it expires. Upkyo will send renewal notices by email to the address associated with your account, typically 60, 30 and 7 days before the expiration date. You can turn on auto-renewal in your client area to avoid any interruption. If you do not renew your domain in time, it may enter a grace period, the length of which varies by TLD, and may then be deleted or auctioned by the registry, resulting in the loss of your ownership. Upkyo cannot be held liable for the loss of a domain due to non-renewal.

Domain transfers to another registrar are possible but are subject to the terms of both the current registrar and the receiving registrar. For example, you must unlock the domain, obtain an EPP transfer code and make sure the domain is not in a grace period or under dispute. Some TLDs impose restrictions, such as a ban on transfers within 60 days of registration or renewal. Transfer fees may apply, depending on the registrar’s policies. You can find transfer details in your client area or contact our support team at hosting@upkyo.com.

4. WHOIS Information

In accordance with the requirements of ICANN, the registries and applicable law, including the GDPR for EU residents, certain information associated with your domain name, such as your name, email address and mailing address, must be recorded in the public WHOIS database. This data makes it possible to identify the domain registrant for administrative, legal or technical purposes. However, to protect your privacy, Upkyo offers an optional WHOIS privacy service that hides your personal information in the public database while keeping it accessible to the relevant authorities.

If you choose WHOIS privacy, a generic contact provided by Upkyo will appear in the public database. However, some information must remain accessible, in particular to respond to judicial or administrative requests. You must provide accurate WHOIS information even if it is hidden from the public, and Upkyo may suspend your domain if the data is inaccurate. For domains subject to the GDPR, Upkyo limits the disclosure of personal data in accordance with the regulation. You can manage your WHOIS preferences in your client area.

5. Dispute Resolution

Any dispute relating to the ownership, registration or use of your domain name will be subject to the dispute resolution policies of the relevant registry. For gTLDs such as .com, .net or .org, you agree to ICANN’s Uniform Domain Name Dispute Resolution Policy, known as the UDRP, which governs disputes involving trademarks or the abusive use of domains. For ccTLDs such as .fr or .eu, similar policies apply, such as AFNIC’s SYRELI procedure for .fr domains or EURid’s dispute resolution rules for .eu domains. You agree to take part in these proceedings and to comply with their decisions, which may include the transfer or deletion of the domain.

If a third party makes a claim regarding your domain, for example for trademark infringement, Upkyo will notify you and may temporarily suspend the domain until the dispute is resolved, in accordance with the instructions of the registry or a judicial authority. You are responsible for defending your rights to the domain and for covering any costs or damages arising from the dispute. Upkyo does not mediate disputes but cooperates with the parties involved to ensure compliance with the decisions rendered.

6. Termination and Suspension

Upkyo may suspend or terminate your domain name in the following cases:

Failure to comply with this agreement or with the registry’s policies;

Providing false or inaccurate information at registration;

Non-payment of registration, renewal or transfer fees;

Use of the domain for illegal or fraudulent activities, or activities that harm the reputation of Upkyo, the registry or third parties, such as phishing, spamming or distributing unlawful content;

An order from a judicial or administrative authority, or a decision resulting from a dispute resolution proceeding.

In the event of a suspension, you will be notified by email and given a reasonable period to correct the violation, except in cases of serious misconduct or emergency. Termination may result in the permanent loss of your domain, with no right to a refund of fees paid. Upkyo reserves the right to take action to protect its services, its customers and the integrity of the domain name system. You can challenge a suspension or termination by contacting our support team at hosting@upkyo.com.

7. Compliance with TLD Policies

Each domain extension, or TLD, is subject to specific policies set by its registry. For example, gTLDs such as .com, .net and .org are governed by ICANN, while ccTLDs such as .fr, .eu and .co.uk follow the rules of national authorities like AFNIC, EURid and Nominet. Some TLDs, such as .doctor or .travel, impose special conditions, such as proof of eligibility, for example a medical license for .doctor. You must comply with these policies, which are available on the registries’ websites or through our Support page.

Upkyo will inform you of any specific requirements at registration, but it is your responsibility to check your eligibility and to meet the conditions of the TLD you choose. In the event of non-compliance, the registry may suspend or delete your domain, and Upkyo cannot be held liable for the consequences.

8. Personal Data Protection

The personal data you provide when registering your domain, such as your name, email address and mailing address, is processed in accordance with the General Data Protection Regulation, or GDPR, and our Privacy Policy, available on upkyo.com. This data may be shared with registries, registrars or the relevant authorities for the registration and management of the domain. Upkyo takes technical and organizational measures to secure your data but cannot guarantee absolute protection against cyberattacks or data breaches.

You have the right to access, correct or delete your personal data, subject to the legal obligations that apply to domain registration. If you reside in the EU, your WHOIS data is protected in accordance with the GDPR unless you choose to make it public. For any question about how your data is handled, contact our Data Protection Officer at support@upkyo.com.

9. Payment and Pricing

Registering, renewing or transferring a domain name requires payment of the fees shown on upkyo.com. Prices are displayed excluding tax, and the applicable VAT is added based on your location. You can pay by credit card, SEPA direct debit or PayPal through our secure platform. Payment must be made before the domain is activated or renewed.

If payment is not made on time, Upkyo may suspend your domain until payment is received. Late fees may apply in accordance with our General Terms of Sale and Service. If the domain is included in a hosting package, failing to renew it may result in the loss of the domain without a refund. Upkyo may change its prices with one month’s notice, sent by email or through your client area.

10. Changes to This Agreement

Upkyo reserves the right to amend this Domain Registration Agreement to reflect changes in its practices, registry policies or legal requirements. Any change will be published on this page and notified by email to the address associated with your account at least one month before it takes effect. If you do not accept the new terms, you may cancel your domain or transfer it to another registrar within four months, in accordance with Article L.224-33 of the Code de la consommation, the consumer code of France for consumer customers.

It is your responsibility to review this agreement regularly to stay informed of updates. Your continued use of Upkyo’s services after the changes take effect constitutes your acceptance of them.

11. Upkyo’s Liability

Upkyo acts as an intermediary between you and the registrars or registries. We commit to forwarding your registration, renewal or transfer requests diligently, but we do not guarantee the allocation, availability or permanence of any domain name. Upkyo is not responsible for errors or omissions by registries, service interruptions caused by technical failures, or disputes arising from the use of your domain.

For business customers, Upkyo’s liability is limited to proven serious breaches, for direct damages, up to a maximum of €5,000. For consumer customers, Upkyo is liable in accordance with the applicable legal provisions. In all cases, Upkyo is not liable for indirect damages, such as loss of data, revenue or customers.

12. Governing Law and Jurisdiction

This Domain Registration Agreement is governed by the laws of France. For business customers, any dispute relating to this agreement will be brought before the Paris Commercial Court, even in the case of multiple defendants or third-party claims. For consumer customers, the competent court will be determined in accordance with Articles R.631-3 et seq. of the Code de la consommation, the consumer code of France.

If you have a complaint, you can contact our customer service at hosting@upkyo.com or by mail at Upkyo, 1178 Broadway, 3rd Floor #1249, New York, NY 10001, USA. If no solution is found, consumers may use free mediation through AME CONSO at www.mediationconso-ame.com within one year, or use the European Commission’s online dispute resolution platform at www.ec.europa.eu/consumers/odr.