REGISTRATION
AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of this
domain name registration services to register an Internet domain name,
your registration of that domain name, as well as other domain name
related services. In this Agreement "you" and "your" refer to each
customer and "we", "us" and "our" refer to this service. This Agreement
explains our obligations to you, and explains your obligations to us for
various services. By selecting our service(s) 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 service(s) or to cancel your service(s) (even if we were not
notified of such authorization), this Agreement covers such service or
actions. By using the service(s) provided under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and
conditions of this Agreement, the accompanying dispute policy and any
pertinent rules or policies that are or may be published here.
This Agreement will become
effective when accepted by us. We may elect to accept or reject your
domain name registration application for any reason at its sole
discretion, such rejection including, but not limited to, rejection due to
a request for registration of a prohibited domain
name. 1. Our
Services:
You agree and acknowledge that we
is not liable or responsible in any way for any errors, omissions or any
other actions by the registry administrator arising out of or related to
your application and receipt of, or failure to receive, a domain name
registration.
You further agree to indemnify,
defend and hold harmless the registry administrator and its directors,
officers, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including any direct, indirect,
incidental, special or consequential damages and reasonable legal fees and
expenses) arising out of, or related to, your domain name
registration. 2.
What We Do Not Do:
We cannot and do not check to see
whether the domain name you select, or the use you make of the domain
name, infringes legal rights of others. We urge you to investigate to see
whether the domain name you select or its use infringes legal rights of
others, and in particular we suggest you seek advice of competent counsel.
You may wish to consider seeking one or more trademark registrations in
connection with your domain name. You should be aware that there is the
possibility we might be ordered by a court to cancel, modify, or transfer
your domain name. You should also be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we may turn
to you to hold us harmless and to indemnify us. 3. Fees:
As consideration for the domain
name registration services and/or other services provided to you, you
agree to pay at the time of effectiveness of the desired domain name
registration, the applicable service(s) fees for the initial registration
of the domain name and, should you choose to renew the registration,
subsequent renewals of the registration. All fees are non-refundable, in
whole or in part, even if your domain name registration is suspended,
cancelled or transferred prior to the end of your then current
registration term. Your requested domain name will not be registered
unless we receive actual payment of the registration fee, or reasonable
assurance of payment of the registration fee from some other entity (such
reasonable assurance as determined by the registrar in its sole
discretion). As further consideration for these service(s), you agree to:
(1) provide certain current, complete and accurate information about you
as required by the registration process and (2) maintain and update this
information as needed to keep it current, complete and accurate. All such
information shall be referred to as account information ("Account
Information"). In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection with the
payments of the registration fee for your domain name registration, you
agree and acknowledge that the domain name registration shall be
transferred to the registrar as the paying entity for that registration to
the registry. We will reinstate your domain name registration solely at
our discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee, currently set at
US$300. You will be notified via an email message or via your account
information when renewal fees are due. Should these fees go unpaid within
the time specified in a second notice or reminder regarding renewal, your
registration will be cancelled. Payment must be made by credit card or
such other method as we may indicate in the registration application or
renewal form. We will renew your name for you provided your credit card or
other billing information is available and up to date, unless you instruct
us otherwise within the time specified. If your billing information is not
accurate and you wish to renew your domain name registration, we will
contact you to update this information and charge you
accordingly. 4.
Transfer to another Registrar:
You agree that you may not
transfer your domain name registration to another domain name registrar
during the first sixty (60) days from the effective date of your initial
domain name registration. You agree to provide written, signed
authorization to the registrar for the transfer of the domain name to
another registrar and agree to pay any and all fees that may be charged to
effect the transfer. Your request to transfer to another registrar may be
denied in situations described in the Dispute Policy, including, but not
limited to: a dispute over the identity of the domain name holder;
bankruptcy; and default in the payment of any fees. 5. Account Information and Its
Use:
a. Information You Are Required
to Submit. As part of the
registration process, you are required to provide certain information and
to update this information promptly as needed to keep it current, complete
and accurate. The information you are obligated to provide in connection
with the domain name you are registering is the
following:
i. The
domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number;
and
iii. The name,
postal address, e-mail address, voice telephone number, and where
available, fax number of the billing contact for the domain name;
and iv. Valid payment
information
You agree
and acknowledge that when you renew your domain name registration, the
type of information you are required to provide may have changed. If you
do not wish to provide the new required information, your registration may
not be renewed.
All
other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain name
registrants by us, other than registration of the domain
name.
b.
Additional Information Maintained About Your Registration.
In addition to the information you
provide, we maintain records relating to your domain name registration.
These records may include:
i. The original creation date of the
registration;
ii. The
submission date and time of the registration application to us and by us
to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name
registration, including dates and amounts of all payments and
refunds;
v. The IP
addresses of the primary nameserver and any secondary nameservers for the
domain name;
vi. The
corresponding names of those nameservers;
vii. The name, postal address, e-mail
address, voice telephone number, and where available, fax number of the
technical contact for the domain name;
viii. The name, postal address, e-mail
address, voice telephone number, and where available, fax number of the
zone contact for the domain name;
ix. The expiration and renewal date of the
registration;
x.
Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain name
registration and related services.
c. Your Obligations
Relating to the Account Information. In the event that, in registering the
domain name, you are providing information about or on behalf of a third
party, you hereby represent that you have (a) provided notice to that
third party of the disclosure and use of that party's information as set
forth in this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's information as
set forth in this Agreement. By registering a name or applying for
services you also represent that the statements in its application are
true and you also represent that the Domain Name is not being registered
for any unlawful purpose.
You acknowledge that willfully
providing inaccurate information or willfully failing to update
information promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond for over ten
(10 ) calendar days to inquiries concerning the accuracy of contact
details associated with your registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation of
your domain name registration.
d. Privacy Policy: Disclosure and Use of
Registration Information. You agree and acknowledge that we will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and
acknowledge that wemay make publicly available, or directly available to
third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
"whois" service) or for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge that
ICANN may establish guidelines, limits and/or requirements that relate to
the amount and type of information that we may or must make available to
the public or to private entities, and the manner in which such
information is made available.
You hereby consent to any and all
such disclosures and use of, and guidelines, limits and restrictions on
disclosure or use of, information provided by you in connection with the
registration of a domain name (including any updates to such information),
whether during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action you
may have arising from such disclosure or use of your domain name
registration and other information.
You may access your domain name
registration information in our possession to review, modify or update
such information, by accessing your account at our web site, or via a
similar service. In order to change any of your account information with
us, you must use your Account Identifier and Password that you selected
when you opened your account with us. Please safeguard your Account
Identifier and Password from any unauthorized use. You agree that any
person in possession of you Account Identifier and Password will have the
ability and your authorization to modify your account information. In no
event will we be liable for the unauthorized use or misuse of your Account
Identifier or Password. We will take reasonable precautions to protect the
information it obtains from you from our loss, misuse, unauthorized access
or disclosure, alteration or destruction of that
information.
6.
Agents and Licenses:
You agree that, if you are
registering a domain name for or on behalf of someone else, you represent
that you have the authority to nonetheless bind that person as a principal
to all terms and conditions provided herein, including the Dispute
Policy.
You agree that if you license the
use of the domain name registered to you to a third party, you nonetheless
remain the domain name holder of record, and remain responsible for all
obligations under this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary) both your own full
contact information, and accurate technical, administrative, billing and
zone contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name and domain name
registration.
7.
Announcements:
We reserve the right to distribute
information to you that is pertinent to the quality or operation of our
services and those of our service partners. These announcements will be
predominately informative in nature and may include notices describing
changes, upgrades, new products or other information to add security or to
enhance your identity on the Internet.
8. Limitation of
Liability:
YOU
AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE
DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM
ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING
OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10) APPLICATION
OF THE DISPUTE POLICY. WE ALSO WILL NOT BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE
POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE
DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS
LIMITED TO THE EXTENT PERMITTED BY LAW.
9. Indemnity:
You agree to release, indemnify, and hold
all Registry Operators, this service, their contractors, agents,
employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of third
parties relating to or arising under this Agreement, the services provided
hereunder or your use of these services, including without limitation
infringement by you, or someone else using any service with your computer,
of any intellectual property or other proprietary right of any person or
entity, or from the violation of any operating rule or policy relating to
the service(s) provided. When we are threatened with suit by a third
party, we may seek written assurances from you concerning your promise to
indemnify us; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in deactivation of
your domain name. This indemnification is in addition to any
indemnification required under the Dispute Policy.
10. Representations and
Warranties:
YOU
REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE
REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME
REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR
STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME
REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED,
IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR
FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL
IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO
YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE E-MAIL FORWARDING OR OTHER EMAIL
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM US OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
11. Breach and
Revocation:
We
reserve the right to suspend, cancel, transfer or modify your domain name
registration or suspend, cancel or modify other services we provide in the
event (a) you materially breach this Agreement (including the Dispute
Policy) and do not cure such breach within thirty (30) days of notice, (b)
you use the domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary
acceptable usage policies of the Internet, (c) you use your domain name in
connection with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification as provided for
in this Agreement. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar or registry
administrator procedures approved by an ICANN-adopted policy, (1) to
correct mistakes by us, another registrar or the registry administrator in
administering the name or (2) for the resolution of disputes concerning
the domain name.
You also agree that we shall have
the right in its sole discretion to suspend, cancel, transfer or otherwise
modify a domain name registration upon seven (7) calendar days prior
written notice, or at such time as we receive a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the suspension, cancellation transfer or modification of the
domain name registration.
12. Right Of
Refusal:
We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain name
or register you for other service(s), or to delete your domain name within
thirty (30) calendar days from receipt of your payment for such services.
In the event we do not register or reserve your domain name or register
you for other service(s), or we delete your domain name or other
service(s) within such thirty (30) calendar day period, we agree to refund
your applicable fee(s). You agree that we shall not be liable to you for
loss or damages that may result from our refusal to register or reserve,
or delete your domain name or register you for other
service(s).
13. Governing
Law:
Except as
otherwise set forth in the Dispute Policy with respect to disputes, this
Agreement, your rights and obligations and all actions contemplated by
this Agreement shall be governed by the laws of the United States of
America and the State of Washington, as if the Agreement was a contract
wholly entered into and wholly performed within the State of Washington.
Except as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter relating to
your use of this site shall be brought exclusively in the United States
District Court for the Western District of Washington, or if there is no
jurisdiction in such court, then in a state court in King
County.
14.
Notices:
You agree
that any notices required to be given under this Agreement to you will be
deemed to have been given if delivered in accordance with the contact
information you have provided.
15.
Infancy:
You attest
that you are of legal age to enter into this Agreement.
16.
General:
This
Agreement constitutes the complete and exclusive agreement between you and
us, and supersede and govern all prior proposals, agreements, or other
communications. Nothing contained in this Policy shall be construed as
creating any agency, partnership, or other form of joint enterprise
between the parties. Our failure to require your performance of any
provision hereof shall not affect the full right to require such
performance at any time thereafter; nor shall the waiver by us of a breach
of any provision hereof be taken or held to be a waiver of the provision
itself. In the event that any provision of this Policy shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Policy unenforceable or invalid as a whole. We will amend or
replace such provision with one that is valid and enforceable and which
achieves, to the extent possible, the original objectives and intent as
reflected in the original provision. This Agreement may not be amended or
modified by you except by means of a written document signed by both you
and an authorized representative.
17. Additional Registry
Requirements
Listed
below are additional contractual requirements that you, the registrant,
must agree to should you desire to register a domain name in these
registries.
- (.NU) In addition to the terms set forth above,
the following terms shall apply to registrants of .tv, .cc, .bz, .nu and
.ws domain names. Your registration of a domain name in the .TV, .CC,
.BZ, .NU or .WS top-level domain ("New TLD Domain Name"), is subject to
policies established or revised from time to time by the registry for
such New TLD Domain Name ("New TLD Registry"), in its capacity as the
registry for its respective Top Level Domain. Each respective New TLD
Registry's current policies ("New TLD Registry Policies") are available
for you to review at each New TLD's respective website. You agree to be
bound by and comply with the applicable New TLD Registry Policies,
including amendments and modifications thereto, with respect to your New
TLD Domain Name registration. Such policies shall not alter the terms
and conditions of this Agreement. To the extent there is a conflict
between the New TLD Registry policies and the terms of this Agreement,
the terms of this Service Agreement shall prevail. You agree that the
New TLD Registry has the right to enforce the New TLD Registry
Policies.
- (.INFO) Should you seek to register a .INFO
second level domain name you, the registrant, must agree to the
following terms:
- Registrant consents to the
use, copying, distribution, publication, modification, and other
processing of Registered Domain Name Holder's Personal Data by
Afilias, the .INFO Registry Operator, and its designees and agents in
a manner consistent with the purposes specified pursuant in its
contract.
- Registrant agrees to submit
to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP)
and comply with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to
modification.
- Registrant agrees to
immediately correct and update the registration information for the
Registered Name during registration term for the Registered Name,
failure to correct this information shall constitute a breach of this
Agreement.
- Registrant acknowledges that
Afilias, the registry operator for .INFO, will have no liability of
any kind for any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation: (a) the ability or inability of a
registrant to obtain a Registered Name during these periods, and (b)
the results of any dispute over a Sunrise Registration.
- Registrar and Afilias, the
registry operator for .INFO, expressly reserve the right to deny,
cancel or transfer any registration that it deems necessary, in its
discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution
process, or to avoid any liability, civil or criminal, on the part of
Registrar and/or Afilias as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar and Afilias also reserve
the right to freeze a domain name during resolution of a
dispute.
- (.BIZ) Should you seek to register a .BIZ second
level domain name you, the registrant, must agree to the following
terms:
- BIZ RESTRICTIONS.
Registrations in the .biz TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS:
I. To exchange
goods, services, or property of any kind; II. In the ordinary
course of trade or business; or III. To facilitate: a) the
exchange of goods, services, information, or property of any kind;
or, b) the ordinary course of trade or business.Registering a
domain name solely for the purposes of i. selling, trading or
leasing the domain name for compensation, or ii. the unsolicited
offering tosell, trade or lease the domain name for compensation shall
not constitute a"bona fide business or commercial use" of that domain
name.
- BIZ CERTIFICATION. As a .biz
domain name registrant, you hereby certify to the best of your
knowledge that:
The registered domain name will be used primarily
for bona fide business or commercial purposes and not i.
exclusively for personal use; or ii. solely for the purposes
of a. selling, trading or leasing the domain name for compensation,
or b. the unsolicited offering to sell, trade or lease the domain
name for compensation. For more information on the .biz restrictions,
which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html 1.
The domain name registrant has the authority to enter into the
registration agreement; and 2. the registered domain name is
reasonably related to the registrant's business or intended commercial
purpose at the time of registration.
- PROVISION OF REGISTRATION
DATA.
a) Provision of Registration Data. As part of the
registration process, you are required to Provide us with certain
information and to update this information to keep it current,
complete and accurate. This information includes (i) your full name,
postal address, e-mail address, voice telephone number, and fax number
if available; (ii) the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameserver(s) for the domain name; (iv)
the corresponding names of those nameservers; (v) the full name,
postal address, e-mail address, voice telephone number, and fax number
if available of the technical contact for the domain name; (vi) the
full name, postal address, e-mail address, voice telephone number, and
fax number if available of the administrative contact for the domain
name; (vii) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for the
domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois directory. You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by
ICANN/Registry Policy and may be sold in bulk in accordance with the
ICANN Agreement. b) Inaccurate or Unreliable Data. You hereby
represent and warrant that the data provided in the domain name
registration application is true, correct, up to date and complete and
that you will continue to keep all the information provided up to
date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to us, or
any failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect
to an domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of any domain
name(s) registered by or through you or your account, shall constitute
a breach of this Agreement. Any information collected by us concerning
an identified or identifiable natural person ("Personal Data") will be
used in connection with the registration of your domain name(s) and
for the purposes of this Agreement and as required or permitted by the
ICANN Agreement or any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .biz domain name through us, you agree
to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i) The
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm. (ii) The Start-up Trademark
Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and (iii) The
Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html. The STOP sets forth
the terms and conditions in connection with a dispute between a
registrant of a .biz domain name ("Registrant") with any third party
(other than Registry Operator or Registrar) over the registration or
use of a .biz domain name registered by Registrant that is subject to
the Intellectual Property Claim Service. The Intellectual Property
Claim Service a service introduced by Registry Operator to notify a
trademark or service mark holder ("Claimant") that a second-level
domain name has been registered in which that Claimant claims
intellectual property rights. In accordance with the STOP and its
associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers. The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use of an
Internet domain name registered by Registrant. The UDRP sets forth
the terms and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or Registrar
over the registration and use of an Internet domain name registered by
Registrant. The RDRP sets forth the terms under which any
allegation that a domain name is not used primarily for business or
commercial purposes shall be enforced on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or through
Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used
primarily for business or commercial purposes or that a domain name is
being used in compliance with the SUDRP or UDRP
processes.
- DOMAIN NAME DISPUTE POLICY
MODIFICATIONS. You agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised policy on our Web
site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your
domain name after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
- DOMAIN NAME DISPUTES. You
agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the registry of
the judicial body by supplying a party with a registrar certificate
from us.
- RESERVATION OF RIGHTS. We and
the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right
to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of the
registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of us and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees. We and
NeuLevel, Inc. also reserve the right to freeze a domain name during
resolution of a dispute.
- (.NAME) Should you seek to register a .NAME
second level domain name you, the registrant, must agree to the
following terms:
- DEFENSIVE
REGISTRATIONS
Defensive Registrations allow owners of nationally
registered marks to exclusively pre-register on the .name space and
create a protective barrier for their trademarks. A "Defensive
Registration" is a registration granted to a third party of a specific
string on the second or third level, or of a specific set of strings
on the second and third levels, which will not resolve within the
domain name system but may prevent the registration of the same
string(s) on the same level(s) by other third party
applicants.
- PHASES OF DEFENSIVE
REGISTRATIONS
(a) As a Defensive Registration Registrant
("Defensive Registrant"), you hereby certify to the best of your
knowledge that for Phase I Defensive Registrations ("Phase I Defensive
Registrants"), you own valid and enforceable trademark or service mark
registrations having national effect that issued prior to April 16,
2001 for strings that are identical to the textual or word elements,
using ASCII characters only, subject to the same character and
formatting restrictions as apply to all registrations in the Registry
TLD. You understand that trademark or service mark registrations from
the supplemental or equivalent Registry of any country, or from
individual states or provinces of a nation, will not be accepted.
Subject to the same character and formatting restrictions as apply to
all registrations in the Registry TLD, if a trademark or service mark
registration incorporates design elements, the ASCII character portion
of that mark may qualify to be a Phase I Defensive
Registration. (b) Phase II Defensive Registrants may apply for a
Defensive Registration for any string or combination of
strings. (c) Defensive Registrants, whether Phase I or Phase II
shall comply with the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows: (i) There are two levels of
Defensive Registrations, each of which is subject to payment of a
separate fee; (ii) Multiple persons or entities may obtain
identical or overlapping Defensive Registrations upon payment by each
of a separate registration fee; (iii) The Defensive Registrant must
provide the information requested in Section 3(a) below; (iv) A
Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or
string.
- PROVISION OF REGISTRATION
DATA
(a) As part of the registration process, you are required to
provide us with certain information and to update this information to
keep it current, complete and accurate. You must provide contact
information, including name, email address, postal address and
telephone number, for use in disputes relating to the Defensive
Registration. You understand and agree that this contact information
will be provided as part of the Whois record for the Defensive
Registration. You further understand that the foregoing registration
data may be transferred outside of the European Community, such as to
the United States, and you expressly consent to such export. (b) In
addition to the information provided in subsection (a) above, Phase I
Defensive Registrants must also provide (1) the name, in ASCII
characters, of the trademark or service mark being registered; (2) the
date the registration issued; (3) the country of registration; and (4)
the registration number or other comparable identifier used by the
registration authority. (c) You hereby represent and warrant the
data provided in the registration application is true, correct,
up-to-date and complete and that you will continue to keep all of the
information provided up-to-date. Your wilful provision of inaccurate
or unreliable information, your wilful failure promptly to update
information provided to us, or any failure to respond for over five
(5) calendar days to our inquiries addressed to the email address of
the administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated
with any such Defensive Registration(s) registered by or through you
or your account shall constitute a breach of this
Agreement.
- DOMAIN NAME DISPUTE
POLICY
(a) If you registered a Defensive Registration, you agree
that: (i) the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution Policy
("ERDRP"); (ii) if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant will pay
the challenge fees; and (iii) if a challenge is successful, then the
Defensive Registration will be subject to the procedures described in
Section 2(h) of Appendix L to the agreement of Global Name Registry
("Registry Operator") with the Internet Corporation for Assigned Names
and Numbers ("ICANN"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm. (b)
You further agree that if a Phase I Defensive Registration is
successfully challenged on the basis that it did not meet the
applicable Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that it meets
the Eligibility Requirements for Phase I Defensive Registrations for
all other Phase I Defensive Registrations that it registered within
.name through any Registrar. In the event that the Defensive
Registrant is unable to demonstrate the foregoing with respect to any
such Phase I Defensive Registration(s), those Defensive
Registration(s) will be cancelled. (c) The ERDRP applies to, among
other things, challenges to Defensive Registrations within .name and
is available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION
DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such
revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the
Defensive Registration after modifications to the dispute policy
become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DEFENSIVE REGISTRATIONS
DISPUTEs
You agree that, if your Defensive Registration is
challenged by a third party, you will be subject to the provisions
specified in our Defensive Registration dispute policy in effect at
the time of the dispute. You agree that in the event a Defensive
Registration dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions set forth
below in this Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your Defensive
Registration, you agree not to make any changes to your Defensive
Registration record without our prior approval. We may not allow you
to make changes to such Defensive Registration record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your
Defensive Registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your Defensive
Registration and use of our domain name registration services, we may
deposit control of your Defensive Registration record into the
registry of the judicial body by supplying a party with a Registrar
certificate from us.
- CONSENT
Defensive
Registrants may be asked to give their consent to allow individuals to
share a part of their space. For example, if you have filed a
Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and
PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to
register JOHN.PQR.name if he can prove that PQR is his name. In such a
circumstance, you will have five (5) days to respond to a request for
consent.
- .name REGISTRATION
RESTRICTIONS
Registrations in the .name TLD must constitute an
individual's "Personal Name". For purposes of the .name restrictions
(the "Restrictions"), a "Personal Name" is a person's legal name, or a
name by which the person is commonly known. A "name by which a person
is commonly known" includes, without limitation, a pseudonym used by
an author or painter, or a stage name used by a singer or
actor.
- .name CERTIFICATIONS
As a
.name domain name Registrant, you hereby certify to the best of your
knowledge that: (a) You have the authority to enter into this
Agreement; and (b) The registered domain name or second level
domain ("SLD") email address is your Personal Name.
- PROVISION OF REGISTRATION
DATA
(a) As part of the registration process, you are required to
provide us with certain information and to update this information to
keep it current, complete and accurate. This information includes the
information contained in the Whois directory, including: (i) your full
name and postal address, email address, voice telephone number, and
fax number, if available; (ii) the IP addresses and names of the
primary nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address, voice
telephone number, and fax number, if available, of the technical
contact for the domain name; (iv) the full name, postal address, email
address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (v) the name, postal
address, email address, voice telephone number, and fax number, if
available, of the billing contact for the domain name. You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by
Internet Corporation for Assigned Names and Numbers ("ICANN")/Registry
Policy. You further understand that the foregoing registration data
may be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export. (b) You
hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you
will continue to keep all of the information provided up-to-date. Your
willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any
failure to respond to our inquiries addressed to the email address of
the administrative, billing or technical contact then appearing in the
Whois directory with respect to a domain name concerning the accuracy
of contact details associated with any registration(s) or the
registration of any domain name(s) registered by or through you or
your account shall constitute a breach of this Agreement. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the ICANN Agreement or an
ICANN/Registry Policy.
- DOMAIN NAME DISPUTE
POLICY
If you reserved or registered a .name domain name through
us, you agree to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with that
policy. In addition, you hereby acknowledge that you have read and
understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this
Agreement: (a) the Eligibility Requirements (the "Eligibility
Requirements"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm; (b)
the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. The
Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i) the
Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service mark rights in that
character's Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or the
end of your Personal Name so as to differentiate it from other
Personal Names. The ERDRP applies to challenges to (i) registered
domain names and SLD email address registrations within .name on the
grounds that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations within .name. The UDRP sets
forth the terms and conditions in connection with a dispute between a
Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet
domain name registered by a Registrant.
- DOMAIN NAME DISPUTE POLICY
MODIFICATIONS
You agree that we, in our sole discretion, may modify
our dispute policy. We will post any such revised policy on our Web
site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or registration of your
domain name or SLD email address after modifications to the dispute
policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You
agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the Registry of
the judicial body by supplying a party with a Registrar certificate
from us.
- EMAIL FORWARDING
(a) The
service for which you have registered may, at your option, include
Email Forwarding. To the extent you opt to use Email Forwarding, you
are obliged to do so in accordance with all applicable legislation and
are responsible for all use of Email Forwarding, including the content
of messages sent through Email Forwarding. (b) You undertake to
familiarize yourself with the content of and to comply with the
generally accepted rules for Internet and email usage. This includes,
but is not limited to the Acceptable Use Policy, available at
_____________, as well as the following restrictions. Without
prejudice to the foregoing, you undertake not to use Email
Forwarding: (i) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights or
publishing defamatory material; (ii) to gain illegal access to
systems or networks by unauthorized access to or use of the data in
systems or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network or
breaching the security or access control without the sufficient
approval of the owner of the system or network; (iii) to interrupt
data traffic to other users, servers or networks, including, but not
restricted to, mail bombing, flooding, Denial of Service (DoS)
attacks, willful attempts to overload another system or other forms of
harassment; or (iv) for spamming, which includes, but is not
restricted to, the mass mailing of unsolicited email, junk mail, the
use of distribution lists (mailing lists) which include persons who
have not specifically given their consent to be placed on such a
distribution list. Users are not permitted to provide false names
or in any other way to pose as somebody else when using Email
Forwarding. (c) Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's Email Forwarding.
However, due to the nature of such systems, which actively block
messages, Registry Operator shall make public any decision to
implement such systems a reasonable time in advance, so as to allow
you or us to give feedback on the decision. (d) You understand and
agree that Registry Operator may delete material that does not conform
to clause (c) above or that in some other way constitutes a misuse of
Email Forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to Email Forwarding if you
use Email Forwarding in a way that contravenes this Agreement. You
will be given prior warning of discontinuation of the Email Forwarding
unless it would damage the reputation of Registry Operator or
jeopardize the security of Registry Operator or others to do so.
Registry Operator reserves the right to immediately discontinue Email
Forwarding without notice if the technical stability of Email
Forwarding is threatened in any way, or if you are in breach of this
Agreement. On discontinuing Email Forwarding, Registry Operator is not
obliged to store any contents or to forward unsent email to you or a
third party. (e) You understand and agree that to the extent
Registry Operator is required by law to disclose certain information
or material in connection with your Email Forwarding, Registry
Operator will do so in accordance with such requirement and without
notice to you.
- RESERVATION OF RIGHTS
We
and Registry Operator Operator, expressly reserve the right to deny,
cancel or transfer any Defensive Registration that it deems necessary,
in its discretion, to protect the integrity and stability of the
Registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of us and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and employees. We and
Registry Operator also reserve the right to freeze a Defensive
Registration during a resolution of a dispute.
- LIMITATION OF
LIABILITY
You agree that Registry Operator will have no liability
of any kind for any loss or liability resulting from (i) the
processing of Defensive Registration requests prior to live SRS
launch, including, without limitation, your ability or inability to
obtain a Registered Name or SLD email address registration using these
processes; or (ii) any dispute over any .name domain name, SLD email
address, Defensive Registration or NameWatch Registration, including
the decision of any dispute resolution proceeding related to any of
the foregoing.
- INDEMNIFICATION
You agree
to indemnify, defend and hold harmless Registry Operator, and its
directors, officers, employees and agents from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to your
registration. This indemnification obligation will survive the
termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS AND
CONDITIONS
Registrar shall comply with the following: (a) ICANN
standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or under any other arrangement with ICANN; and (b)
operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all Registrars, including
affiliates of Registry Operator, and consistent with ICANN's
standards, policies, procedures, and practices and Registry Operator's
Registry Agreement with ICANN. Among Registry Operator's operational
standards, policies, procedures, and practices are those set forth in
Exhibit E of the Registry-Registrar Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall be
effective upon thirty (30) days notice by Registry Operator to
Registrar.
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