Domain Custody Agreement

DOMAIN CUSTODY AGREEMENT

(Collective Protection Version)

This Domain Custody Agreement (“Agreement”) is made effective as of [Insert Date], by and between:

NGNM Web Hosting LLC, a New Mexico limited liability company (“Custodian”),

and

____________________________________, an individual or collective (“Client”).

Why This Exists

We don’t love legal paperwork. Nobody here does.

But we operate in a world where states, corporations, and hostile actors weaponize legal systems to silence projects they don’t like.

This Agreement exists for one reason:

To clearly protect both the hosting collective and the project collective.

It clarifies that:

  • The project controls its domain.

  • The project controls its content.

  • The host provides technical custody only.

  • No one gets dragged into someone else’s legal fight.

This document has been reviewed to ensure it provides real protection — not symbolic language.

1. Purpose

Client has requested that Custodian register and/or maintain one or more domain names in custodial status on Client’s behalf.

Custodian provides domain custody strictly as a technical and administrative service — nothing more.

This Agreement exists to make clear that infrastructure support does not equal editorial control, ownership, or political responsibility.

2. Domain Ownership and Control

All domain names listed in Appendix A are the sole beneficial property of the Client — regardless of:

  • WHOIS listings

  • Registrar account structure

  • Administrative contact names

  • Payment method used for registration

Custodian holds domains purely as a technical convenience.

The appearance of Custodian in registrar records does not mean:

  • Ownership

  • Control

  • Financial participation

  • Editorial involvement

  • Legal responsibility

Paying registration fees does not create ownership or partnership.

The domain belongs to the project. Full stop.

3. No Agency. No Partnership. No Hierarchy.

Nothing in this Agreement creates:

  • A partnership

  • A joint venture

  • An agency relationship

  • A corporate hierarchy

  • A fiduciary relationship

  • Or any centralized authority

Custodian is not an agent of the Client.
Client is not an agent of the Custodian.

Infrastructure support does not equal political alignment, operational control, or editorial responsibility.

Each collective stands on its own.

4. Operational and Content Autonomy

Client retains exclusive control over:

  • Website operations

  • Publishing decisions

  • Moderation policies

  • Community governance

  • Monetization decisions (if any)

  • Legal compliance

Custodian does not:

  • Moderate content

  • Direct editorial decisions

  • Approve publications

  • Monitor activity

  • Participate in governance

  • Review uploads

Custodian provides servers and technical continuity — not management.

Client assumes full legal responsibility for all activity conducted under the domain.

5. Privacy, WHOIS & Legal Pressure

Custodian may use WHOIS privacy or anonymized contact details to reduce exposure to harassment and abuse.

Legal communications may be forwarded to Client.

If Custodian receives valid and enforceable legal process (such as a subpoena or court order), Custodian may disclose Client identifying information as required by law.

Custodian is not obligated to fund or conduct legal challenges on behalf of Client.

This clause exists to protect infrastructure stability, not to weaken collective autonomy.

6. Legal Responsibility & Mutual Protection

Custodian is a neutral technical service provider.

Custodian is not liable for:

  • Content published under the domain

  • Copyright claims

  • Defamation allegations

  • User conduct

  • Regulatory disputes

  • Third-party claims arising from domain use

Client agrees to indemnify and defend Custodian from claims arising from activities conducted under the domain.

This is not about shifting blame — it is about preventing collective hosting infrastructure from being dismantled by individual disputes.

7. No Editorial Control Through Custody

Domain custody does not grant Custodian the right or ability to control, supervise, or influence the content published under the domain.

Custodian does not exercise discretionary authority over DNS for purposes of content review or editorial intervention.

Any DNS changes occur solely upon written instruction from Client or pursuant to binding legal process.

8. Limitation of Liability

To the fullest extent permitted by law, Custodian’s total liability under this Agreement shall not exceed the domain registration fees paid during the previous twelve (12) months.

Custodian makes no guarantees of:

  • Immunity from legal threats

  • Resistance to court orders

  • Absolute domain permanence

We build resilient systems. We do not promise invincibility.

9. Suspension or Transfer

Custodian may suspend or transfer domain custody if required by:

  • Court order

  • Registrar policy

  • Government mandate

  • Credible legal risk threatening Custodian’s operational stability

Upon termination, Custodian will transfer domains to a Client-designated registrar account, provided registrar requirements are met and fees are current.

Termination does not erase prior indemnification obligations.

10. Term

This Agreement remains in effect until terminated in writing by either party.

11. Governing Law

This Agreement is governed by the laws of the State of New Mexico, USA.

Nothing in this Agreement constitutes voluntary submission to any jurisdiction beyond what is legally required.

Signed by Client

Name (or pseudonym): ___________________________
Signature: _______________________
Date: ___________________________

Appendix A – Domains Coverer

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________

__________________________________________________________________