As does NameCheap and pretty much every other registrar.
Here is the relevant text for NameCheap:
Namecheap may also cancel the registration of a domain name, after thirty (30) days, if that name is being used, as determined by Namecheap in its sole discretion, in association with spam or morally objectionable activities.
Morally objectionable activities will include, but not be limited to 1) activities designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties; 2) activities prohibited by the laws of the United States and/or foreign territories in which you conduct business; 3) activities designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography; 4) activities that are tortious, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable; activities designed to impersonate the identity of a third party; 5) and activities designed to harm or use unethically minors in any way.
Is that for material you host under their hosting services, or does that really include sites that only use their domain registration, and host the content elsewhere?
> "For example, Gandi does not tolerate activity that is morally objectionable or that poses a threat to public order" [1]
From their domain registration terms:
> "Consequently, You commit Yourself to assuring that Our services are used in a licit manner and in conformity to Our Ethical standards" [2]
> "You commit Yourself to choosing and using Your domain name and Our services in a way that constantly respects the rights of third parties (intellectual property laws, personality rights, image rights, and the respect of private life, trademarks, etc.)"
From their general conditions of service:
> "By accepting Our Contracts and using Our services, You agree to abide to Our code of ethics which consists, in particular, of protecting and respecting minors, human dignity, public order and good moral standards, not infringing on the rights of third parties (private life, image, honor and reputation, trademarks, designs and models, copyrights, etc.) or the security of persons, property, the government, or the good working order of public institutions, and to help in the fight against abusive and/or deviant uses of the Internet (spamming, phishing, hacking, cracking, or attempts at hacking or cracking), or any other infraction as cited in the Penal Code." [3]
So Gandi reserves the right to revoke your domain name if it determines you violate one of their "good moral standards", or anyone makes any copyright claim against you. They essentially gave themselves contractual power to police the content of the sites on domains purchased through them.
> NearlyFreeSpeech.NET reserves the right at any time and for any reason, including but not limited to your violation of these TACOS, to limit, suspend, or terminate your use of the Services and to discard any of your Content. Such termination of your use of the Services may be performed without prior notice, and NearlyFreeSpeech.NET may immediately deactivate or delete your Content and all related files relating to the Services and/or bar all access to the same. NearlyFreeSpeech.NET will not be liable to you or to any third party for any termination of your access to Services.
Indeed, everyone has the "we're not liable if we terminate your service" legalese, but not everyone has the stated free speech mission statement on NFS's About Us page: https://www.nearlyfreespeech.net/about/
You're right in wanting to judge by actions rather than some CYA phrasing in a terms & conditions. NFS has a track record of backing up that free speech mission with action. And then there's Dynadot, who continue to host the wikileaks.org domain, and the DNS after EasyDNS dropped them. If Gandi has a similar track record, I'd love to hear it.
