| This
Registration Agreement ("Agreement")
sets forth the terms and conditions
of your use of this domain name
registration service 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 eNom, Inc.
("Registrar"), the ICANN accredited
Registrar and WebIntuitions.Com,
through which the services are being
offered. 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 by the ICANN accredited
Registrar and the Reseller of domain
names and through which the services
are being offered.
This
Agreement will become effective
when accepted by the ICANN accredited
Registrar and the reseller of domain
names and through which the services
are being offered. The ICANN accredited
Registrar and the reseller of domain
names and through which the services
are being offered 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 the ICANN
accredited Registrar and the reseller
of domain names and through which
the services are being offered 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 (Verisign GRS), the
ICANN accredited Registrar and the
reseller of domain names and through
which the services are being offered,
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 by the Reseller
to you, you agree to pay WebIntuitions.Com,
prior to the 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 at our sole
discretion). As further consideration
for the 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 us 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$200. 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 or any tie after name actually
expires, your registration can 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. Disclaimer and
Domain Name Dispute Policy:
If you request, reserved or registered
a domain name through us, or transferred
a domain name to us from another
registrar, you agree to be bound
by our current Disclaimer published
on our site ("Disclaimer") and our
current Domain Name Dispute Policy
("Dispute Policy") which are incorporated
herein and made a part of this Agreement
by reference. The Disclaimer and
the Dispute Policy can be found
on this page. Certain disputes,
as specified in the Dispute Policy,
are subject to that Policy. You
agree that, if the registration
or reservation of your domain name
is challenged by a third party,
you will be subject to the provisions
specified in the Dispute Policy
in effect at the time your domain
name registration is disputed by
the third party. You also 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
contained in the Dispute Policy.
5. 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 with WebIntuitions.Com.
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. You have the ability to prevent
a transfer to another Registrar
by placing a Registrar Lock ("lock")
on your domain. By having a lock
status on your domain, you are providing
express objection to any and all
transfer requests issued from another
Registrar. Should you choose to
transfer to another Registrar, you
must log into your account and remove
the lock prior to our receipt of
the transfer request from the gaining
Registrar.
6. Modifications
to our Registration Agreement and
Dispute Policy:
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 WebIntuitions.Com web site, or
on notification to you by e-mail
or United States mail. You agree
to review WebIntuitions.Com's web
site, including the Agreement, periodically
to be aware of any such revisions.
If you do not agree with any revision
to the Agreement, you may terminate
this Agreement at any time by providing
express written notice to the ICANN
accredited Registrar and the reseller
of domain names and through which
the services are being offered.
Notice of your termination will
be effective on receipt and processing
by us. You agree that, by continuing
to use the our services following
notice of any revision to this Agreement
or change in service(s), you abide
by any such revisions or changes.
You further agree that we, in our
sole discretion, may modify our
Dispute Policy at any time. Your
continued use of the domain name
registered to you shall constitute
your acceptance of this Agreement
and the Dispute Policy with the
new modifications. You acknowledge
that if you do not agree to any
of such changes, you may request
that your domain name registration
be cancelled or transferred to a
different domain name registrar.
You agree that such cancellation
or request for transfer will be
your exclusive remedy if you do
not wish to abide by any changes
to this Agreement or the Dispute
Policy.
7. 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 by WebIntuitions.Com 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 WebIntuitions.Com
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 WebIntuitions.Com
may 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 WebIntuitions.Com
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 by WebIntuitions.Com.
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.
WebIntuitions.Com 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.
8. Ownership
of Information and Data:
You agree and acknowledge that we
own all database, compilation, collective
and similar rights, title and interests
worldwide in our domain name database,
and all information and derivative
works generated from the domain
name database. You further agree
and acknowledge that we own the
following information for those
registrations for which we are the
registrar: (a) the original creation
date of the registration, (b) the
expiration date of the registration,
(c) the name, postal address, e-mail
address, voice telephone number,
and where available fax number of
all contacts for the domain name
registration, (d) any remarks concerning
the registered domain name that
appear or should appear in the WHOIS
or similar database, and (e) any
other information we generate or
obtain in connection with the provision
of domain name registration services,
other than the domain name being
registered, the IP addresses of
the primary nameserver and any secondary
nameservers for the domain name,
and the corresponding names of those
nameservers. We do not have any
ownership interest in your specific
personal registration information
outside of its rights in our domain
name database.
9. 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.
10.
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.
11. 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.
12. Indemnity:
You agree to release, indemnify,
and hold all Registry Operators,
Registrar, WebIntuitions.Com, 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 the 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.
13. 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 THE REGISTRAR'S 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 OUR
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.
14.
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 by us, (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.
15.
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)
16.
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 Registrar or Reseller
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.
17.
Notices:
You
agree that any notices required
to be given under this Agreement
by us to you will be deemed to have
been given if delivered in accordance
with the contact information you
have provided.
18.
Infancy:
You
attest that you are of legal age
to enter into this Agreement.
19.
General:
This
Agreement, Disclaimer and the Dispute
Policy, together with all modifications,
constitute the complete and exclusive
agreement between you the WebIntuitions.Com,
and the Registrar, 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 the Registrar 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,
our original objectives and intent
of as reflected in the original
provision. This Agreement, our Disclaimer
and the Dispute Policy may not be
amended or modified by you except
by means of a written document signed
by both you and an authorized representative
of Registrar.
20.
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.
- .TV,
.CC, .BZ, and .WS - In addition
to the terms set forth above,
the following terms shall apply
to registrants of .TV, .CC, .BZ,
and .WS domain names. Your registration
of a domain name in the .TV, .CC,
.BZ 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,
WebIntuitions.Com 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, WebIntuitions.Com
and/or Afilias as well as
their affiliates, subsidiaries,
officers, directors and employees.
Registrar, WebIntuitions.Com
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
to sell, 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. Registrar, WebIntuitions.Com,
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
Registrar, RESELLER and/or
NeuLevel, Inc., as well as
their affiliates, subsidiaries,
officers, directors and employees.
Registrar, WebIntuitions.Com,
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 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 (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 Registrar and WebIntuitions.Com
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 land
rush 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
Registrar 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 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 Registrar
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
Registrar, WebIntuitions.Com
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
Registrar, WebIntuitions.Com
and/or Registry Operator,
as well as their affiliates,
subsidiaries, officers, directors
and employees. Registrar,
WebIntuitions.Com and Registry
Operator also reserve the
right to freeze a Defensive
Registration during a resolution
of a dispute.
- LIMITATION
OF LIABILITY
You agree that Registrar,
WebIntuitions.Com and 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 Registrar,
WebIntuitions.Com, and 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.
- .US
- Should you seek to register
a .US second level domain name
you, the registrant, must agree
to the following terms:
- Representations
and Warranties. You represent
and certify that, to the best
of your knowledge and belief,
(i) neither the registration
of the domain name nor the
manner in which it is directly
or indirectly used infringes
the legal rights of any third
party, (ii) you have the requisite
power and authority to enter
into this Agreement and to
perform the obligations hereunder,
(iii) you have and shall continue
to have a lawful bona fide
U.S. Nexus as defined in the
"usTLD Nexus Requirements"
, (iv) you are of legal age
to enter into this Agreement,
and (vi) you agree to comply
with all applicable laws,
regulations and policies of
Registrar and the usTLD Administrator.
- 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) the Registered
Name; (ii) the names of the
primary nameserver and secondary
nameserver(s) for the Registered
Name; (iii) your name and
postal address; (iv) the name,
postal address, e-mail address,
voice telephone number, and
(where available) fax number
of the technical contact for
the Registered Name; (v) the
name, postal address, e-mail
address, voice telephone number,
and (where available) fax
number of the administrative
contact for the Registered
Name; (vi) the name, postal
address, e-mail address, voice
telephone number, and fax
number if available of the
billing contact for the Registered
Name; (vii) any remark concerning
the registered domain name
that should appear in the
Whois directory; and (viii)
any other data NeuStar, as
the Registry, requires be
submitted to it, including
specifically information regarding
the primary purpose for which
a domain name is registered
(e.g., business, education,
etc.). You agree and understand
that the foregoing registration
data will be publicly available
and accessible on the Whois
directory pursuant to the
DoC/Registry Policy. 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 Department of Commerce
Contract with the Registry
or any USTLD Administrator/DoC
Policy.
- 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 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.
- Government
Use of Data. You understand
and agree that the U.S. Government
shall have the right to use,
disclose, reproduce, prepare
derivative works, distribute
copies to the public, and
perform publicly and display
publicly, in any manner and
for any purpose whatsoever
and to have or permit other
to do so, all Data provided
by Registrant. "Data" means
any recorded information,
and includes without limitation,
technical data and computer
software, regardless of the
form or the medium on which
it may be recorded.
- Licensing
of a Domain Name. If you intend
to license use of a domain
name to a third party, you
nonetheless are the registrant
of record and are responsible
for providing full contact
information and for providing
and updating accurate technical
and administrative contact
information adequate to facilitate
timely resolution of any problems
that arise in connection with
the domain name. You shall
accept liability for harm
caused by wrongful use of
the domain name, unless you
promptly disclose the identity
of the licensee to a party
providing you reasonable evidence
of actionable harm.
- Domain
Name Dispute Policy. If you
reserved or registered a .us
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
policies of the usTLD Administrator
as documented on its website,
www.neustar.us, as they may
be amended from time to time,
and which are hereby incorporated
and made an integral part
of this Agreement.
- 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.
- including
Registry policies incorporated
by reference. 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 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.
- Jurisdiction.
For the adjudication of disputes
concerning or arising from
use of the domain name, you
shall submit, without prejudice
to other potentially applicable
jurisdictions, to the jurisdiction
of the courts (1) of the Registrant's
domicile, (2) the State of
Washington, and 3) the Commonwealth
of Virginia.
- Suspension,
Cancellation or Transfer.
You agree that your registration
of the domain name shall be
subject to suspension, cancellation,
or transfer pursuant to any
usTLD Administrator adopted
specification or policy, or
pursuant to any registrar
or usTLD Administrator procedure
not inconsistent with a usTLD
Administrator adopted specification
or policy, (1) to correct
mistakes by Registrar or the
usTLD Administrator in registering
the name or (2) for the resolution
of disputes concerning the
domain name.
- Indemnification.
The Registrant shall indemnify
and hold harmless the Registrar,
WebIntuitions.Com and the
usTLD Administrator and their
directors, officers, employees,
representatives, agents, affiliates,
and stockholders from and
against any and all claims,
suits, actions, other proceedings,
damages, liabilities, costs
and expenses of any kind,
including without limitation
reasonable legal fees and
expenses, arising out of or
relating to the Registrant's
(i) domain name registration
and (ii) use of any of a domain
name.
- Reservation
by usTLD Administrator. Registrar,
WebIntuitions.Com and usTLD
Administrator reserve the
right to deny, cancel or transfer
any registration that they
deem necessary, in their discretion,
(1) to protect the integrity
and stability of the registry,
(2) to comply with any applicable
laws, government rules or
requirements, requests of
law enforcement, in compliance
with any dispute resolution
process, (3) to avoid any
liability, civil or criminal,
on the part of usTLD Administrator
or Registrar, as well as their
affiliates, subsidiaries,
officers, directors, representatives,
employees, and stockholders,
(4) for violations of this
Agreement, or (5) to correct
mistakes made by usTLD Administrator
or any registrar in connection
with a domain name registration.
usTLD Administrator and Registrar
also reserve the right to
freeze a domain name during
resolution of a dispute.
- .NU
- Should you seek to register
a .NU second level domain name
you, the registrant, must agree
to these
terms.
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