Future Changes to the Domain Registration Terms


#1

I wanted to suggest some changes to DreamHost’s Terms (specifically, the Domain Registration Terms), for the next time they are updated. I realize changes would most likely require a lawyer, so I’m not expecting any changes soon, but I’m hoping DreamHost will consider what I have to say for the future.

These proposed changes are meant to make the DreamHost terms reasonable (which are already better than other hosting companies’ terms, in my opinion).

The Domain Registration Terms say:

[quote]Agreement

In this Service Agreement (“Agreement”) “you” and “your” refer to each customer, “we”, us” and “our” refer to DreamHost.com and “Services” refers to the services provided by us. This Agreement explains our obligations to you, and explains your obligations to us for various Services. By selecting our Services you have agreed to establish an account with us for such Services. When you use your account or permit someone else to use it to purchase or otherwise acquire access to additional Services or to cancel your Services (even if we were not notified of such authorization), this Agreement covers such service or actions. By using the Services under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.[/quote]

“… ‘Services’ refers to the services provided by us.” This sounds like it could be referring to all DreamHost services, not just domain-related services.
I suggest something like, “… ‘Services’ refers to domain-related services provided by us,” or “… ‘Services’ refers to services provided by us, as relates to this Agreement.” This would make things somewhat clearer.

“… you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us.” This sounds like customers are required to have already read all of the rules and policies related to domain name registration before registering any domains. This seems reasonable, until you realize that it also sounds like customers are required to have already read those that have yet to be published or created (because of the word “may” in the sentence).
I suggest something like, “… you acknowledge that you agree to be bound by all terms and conditions of this Agreement and any pertinent rules or policies that are or may be published by us,” or “… you acknowledge that you have, and will, read and agree to be bound by all current terms and conditions of this Agreement, and any pertinent rules or policies published by us.”


I suggest you move everything under “List of Current TLDs and Pricing” to a separate document, and simply provide a link to it within the Domain Registration Terms, stating that, “The prices listed in [name of document] may change from time to time at our discretion, however any changes will not [“effect you” or “take effect”] unless you renew you domain name”. I suggest you do not incorporate this extra document into the Domain Registration Terms, so that no one feels like they have to review these prices “periodically to be aware of any such revisions” (as noted below).


[quote]Modifications To Agreement

You agree, during the period of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and (2) change the services provided under this Agreement. Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by e-mail or regular mail as per the Notices section of this agreement, Section 20. You agree to review our web site, including the Agreement, periodically to be aware of any such revisions.[/quote]

Maybe it would be better to say, “You agree that you are responsible for reviewing our web site, including the Agreement, periodically to be aware of any such revisions.” Also, a date at the top of each document linked to from https://www.dreamhost.com/legal/ would be very helpful if we are expected to review these documents periodically.


Because the Domain Name Dispute Policy is incorporated into the Domain Registration Terms, customers are required to not only review (as I noted above) the Domain Registration Terms, but also the Domain Name Dispute Policy.
Though this is just a technicality, it would be nice if either the Domain Name Dispute Policy was simply referenced instead of being incorporated, or if the words, “You agree that you are responsible for reviewing our web site, including the Agreement, periodically to be aware of any such revisions,” (or something like it) were used instead of, “You agree to review our web site, including the Agreement, periodically to be aware of any such revisions,” (as I noted above). I don’t think anyone enjoys reading (and on occasion re-reading) legalize, even lawyers!


Thank you for your time.