Privacy Policy
This is the Privacy Policy that will
be applicable to you as our Customer.
This Privacy Policy explains how
Hosting Services Inc (“we” or “us”) collect and process personal data from our
customers and users of the Adhoc website. Please note this Privacy Policy does
not apply to the personal data of users of the websites which we host for and
on behalf of our customers, but only the personal data which we collect for our
own business purposes.
What Personal Data We Collect and for
What Purpose
•
When you sign up for our service, we will ask you to provide contact
information such as your name, address, telephone numbers, e-mail addresses,
and payment information such as credit card number and expiration date. We use
this information for payment purposes and to process your order. We may also
use this information for domain registration and data escrow (please see below
for more information). We typically process this information in order to enter
into or perform our obligations under the service contract we have with you, or
where it is in our legitimate interests to do so in order to perform a contract
with your employer (our customer).
•
We may ask you to complete user surveys, and to provide certain
demographic information, such as age, gender, special interests, etc. We
collect this information so we can understand more about our customer base, in
order to improve our offering and marketing efforts. We will only collect this
personal data where we have your consent to do so, and you do not have to
provide this type of information to use our service if you do not want to.
•
If you contact us for customer support, we may also ask you for
information about your operating system, software and other technical matters,
in order to assist with your query. We typically process the personal data
which you give us in these circumstances on the basis of your consent.
•
When you visit our website we will capture your IP Address, time of and
duration of visit, and time and duration of the pages on our website that you
view. We may tie this information to the identifiable information we have about
you. We use this information to understand the traffic to our website, so that
we can improve your user experience. We may also use this information to
personalize the website and any marketing to you, and to enable you to use the
account functionality.
•
We will also place a cookie that will identify you to us as a repeat
visitor or a customer when you visit our website. We may tie this cookie to the
personally identifiable information we have about you. in order to personalize
the website and any marketing to you, and to enable you to use the account
functionality. Please read our Cookie Policy for more information.
•
When we send you an e-mail, we may include a marker that will allow to
identify e-mail that is opened and viewed. We do this in order to measure the
effectiveness of our marketing efforts.
•
We may use the information we gather from user surveys, demographic
data, and website visits to help us improve or target our website and customize
your visit where it is necessary for our legitimate interests.
Domain name registration information
When you register a domain name you
are required to provide the following information:
•
The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the registrant (owner) of the domain name;
•
The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact for the domain name;
•
The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the domain name;
•
The name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the billing contact for the domain name;
•
The names and IP addresses of the primary name server and secondary name
server(s) for the domain name; and
• . Any other information that may be
required from Third Party Registrars (collectively, the "Registration
Information").
We will use this information to
register your domain name and this data will be disclosed to the appropriate
registrar, domain registry, data escrow and other qualified processors and
technology partners. Provided that the data may not be used for marketing
activities and may not be resold or redistributed.
Only data that is required by the
current rules and policies of ICANN will be made available via domain name
registration database look-up (WHOIS) services.
Data Escrow
As per ICANN policy, our domain
registrars are required to escrow or deposit WHOIS data with a third party in
trust. This process is referred to as "data escrow" and provides an
additional layer of security to domains registrants; should it be necessary the
database may be released from escrow to assist the Registrar, ICANN or an
assignee at a later date.
Marketing
We use your contact details and to
announce special offers or provide other information from time to time via
e-mail. We may also send e-mails announcing special offers by our third
parties, but we will not provide the third parties with your e-mail address or
other personal data. We will contact you for marketing purposes where we have
your consent or on the basis that it is necessary for the purposes of our
legitimate interests. If you do not wish to receive these e-mails, you may
opt-out at any time by contacting us or following the instructions included in
the e-mail.
We may share personal data about you
with the following third parties:
•
A law enforcement or regulatory agency at their request;
•
A person or company who acquires our business;
•
Third parties who perform services on our behalf (such as payment
processing, domain registration and data escrow);
•
To the parent, associated and subsidiary companies of Hosting Services,
Inc., as necessary to provide the services and assist with our business
operations; or
•
as otherwise needed to protect or enforce our rights or the rights of
others.
We do not sell your information for
inclusion on third party e-mail or other marketing lists.
Use of Non-Personally Identifiable
Information
We may share aggregate statistical
data about our customers with third parties, such as advertisers or suppliers.
This aggregate statistical data will not identify you personally.
Security and location of your
Information
We store your personal data and
payment information on a databases located in the USA and India. All data such
as card numbers are encrypted and we will take reasonable security measures to
protect your personal identifiable data in our databases.
Children's Privacy
Our service is not available to
persons under the age of 18, and we will not intentionally maintain information
about anyone under the age of 18.
Your Data Protection Rights
Users in the European Economic Area
(EEA) may have certain rights in respect of their personal data, including the
right to access, correct, and request the erasure of personal data.
We will comply with any requests to
exercise your rights in accordance with applicable law. Please be aware,
however, that there are a number of limitations to these rights, and there may
be circumstances where we are not able to comply with your request. To make any
requests regarding your personal data, or if you have any questions or concerns
regarding your personal data, you should contact us using the details below.
You are also entitled to raise your concerns with your local supervisory
authority for data protection.
Contact Us
If you have any queries on any aspect
of our Privacy Policy, please contact us.
Cookie Policy
1. By browsing Adhoc's website with
your browser set to accept cookies, you consent to our use of cookies to
provide you with Adhoc products and services as described in this policy
notice. You can read how to change the cookies settings for your browser in the
Adjusting cookie settings section of this document.
2. What are Cookies?
Cookies are small pieces of digital
data that we place on your computer through your web browser. They allow us to
remember you when you revisit our website and make the site more relevant to
your interests.
3. Our use of cookies includes
activities such as:
a. Recognising you when you visit our site.
b. Displaying advertisement material on third-party sites that are
relevant to your interests.
c. Remembering items that have been placed in your basket on our
website.
d. Researching ways to improve Adhoc's products and website.
e. Stopping fraudulent activities.
f. Maintaining the security of the website and our customers.
Adjusting cookie settings
Most browsers will tell you how to
adjust your cookies settings in the Help menu. This will let you configure how
your browser deals with requests from websites to store cookies. You can stop
accepting new cookies, ask to be notified of new cookies you receive or disable
cookies completely. Similar changes can be made for browser add-ons from the
settings for the add-on or failing that, consult the developer's website.
We are working on enabling users to
manage which cookies they accept from our site, and will link to manage
settings from this cookie policy when this is completed.
Customer Master Agreement
This is the main Customer Master
agreement that would apply to you as our Customer. Apart from this Master
Agreement, the following Product Specific Agreements may also apply to you
depending on the Products and Services you buy.
This Customer Master Agreement is
made, entered into and executed on October 2, 2019 (hereinafter referred to as
the "Effective Date")
BETWEEN:-
Adhoc Infoway (hereinafter referred
to as "Parent") AND you (hereinafter referred to as
"Customer"). If you are entering into this Agreement on behalf of a
company or other legal entity, you represent that you have the authority to
bind such entity to these terms and conditions, in which case the term
"Customer" shall refer to such entity.
(The Parent and the Customer may be
referred to individually as a "Party" and collectively as the
"Parties").
WHEREAS the Parent provides various
Products and Services;
AND WHEREAS the Customer wishes to
purchase Parent's Products and Services
NOW, THEREFORE, for and in
consideration of the mutual promises, benefits and covenants contained herein
and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "Advance Account"
refers to the credit balance maintained by the Customer with the Parent.
(2) "Agreement" refers to
this Customer Master Agreement alongwith all its appendices, extensions and
amendments at any given point in time.
(3) "Business Day" refers
to a working day between Mondays to Friday excluding all Public Holidays.
(4) "Clear Balance" refers
to credit in the Customer Advance Account after deducting any accrued
liabilities, Locked Funds and debited amounts.
(5) "Confidential
Information", as used in this Agreement shall mean all data, information
and materials including, without limitation, computer software, data,
information, databases, protocols, reference implementation, documentation,
functional and interface specifications, provided by Parent to the Customer
under this Agreement, whether written, transmitted, oral, through the Parent
Website or otherwise, that is marked as Confidential.
(6) "Customer Contact
Details" refers to the Contact Details of the Customer as listed in the
OrderBox Database.
(7) "Customer Control
Panel" refers to the set of Web-based interfaces provided by the Parent
and its Service Providers to the Customer which allows him to Manage Orders.
(8) "Customer Product Agreement
Extension" refers to the latest version of a Specific Customer Product
Agreement Extension as posted in the Customer Control Panel or on the Parent
Website.
(9) "OrderBox" refers to
the set of Servers, Software, Interfaces, Parent Products and API that is
provided for use directly or indirectly under this Agreement by the Parent
and/or its Service Providers.
(10) "OrderBox Database" is
the collection of data elements stored on the OrderBox Servers.
(11) "OrderBox Servers"
refer to Machines / Servers that Parent or its Service Providers maintain to
fulfill services and operations of the OrderBox.
(12) "OrderBox User" refers
to the Customer and any Agent, Employee, Contractee of the Customer or any
other Legal Entity, that has been provided access to the "OrderBox"
by the Customer, directly or indirectly.
(13) "Order" refers to a
Parent Product purchased by the Customer having a unique Order ID in the
OrderBox Database.
(14) "Parent Products"
refer to all Products and Services of Parent which it has
provided/rendered/sold, or is providing/rendering/selling.
(15) "Parent Servers" refer
to web servers, Mailing List Servers, Database Servers, OrderBox Servers and
any other Machines / Servers that Parent or its Service Providers Operate, for
the OrderBox, the Parent Website, the Parent Mailing Lists, Parent Products and
any other operations required to fulfill services and operations of Parent.
(16) "Parent Website"
refers to cpanel.adhocinfoway.com.
(17) "Service Providers"
refers individually and collectively to any Artificial Juridical Persons,
Company, Concern, Corporation, Enterprise, Firm, Individual, Institute,
Institution, Organization, Person, Society, Trust or any other Legal Entity
that Parent or its Service Providers (recursively) may, directly or indirectly,
Engage / Employ / Outsource / Contract for the fulfillment / provision /
purchase of Parent Products, OrderBox, and any other services and operations of
Parent.
(18) "Prohibited Persons refers
to individuals, organizations or entities located in certain sanctioned
countries (each a "Sanctioned Country") and certain individuals,
organizations, entities, or domain names, including without limitation,
"Specially Designated Nationals" ("SDN"), as listed by the
government of the United States of America through the Department of the
Treasury's Office of Foreign Assets Control ("OFAC"), with whom all
or certain commercial activities are prohibited.
2. CUSTOMER PRODUCT AGREEMENT
EXTENSIONS
(1) The Customer may purchase various
Parent Products in the course of their relationship with Parent under this
Agreement, by submitting to Parent, in a form and manner prescribed by Parent,
one or more Customer Product Agreement Extensions, which shall then be included
as a part of this Agreement.
(2) Any conflicting definitions,
terms and conditions in a Customer Product Agreement Extension shall take
precedence over the same definition, terms and conditions in this Agreement,
and shall be applied only to that Customer Product Agreement Extension.
(3) The Customer agrees to adhere to
the SiteLock Terms and Conditions, available at https://www.sitelock.com/terms.php,
that are incorporated herein and made a part of this Agreement by reference.
(4) The Customer agrees to adhere to
the CodeGuard Terms and Conditions, available at
https://codeguard.com/pages/terms-of-service, that are incorporated herein and
made a part of this Agreement by reference.
(5) The Customer agrees to adhere to
the Google Terms and Conditions, available at
http://www.google.co.in/intl/en/policies/terms/regional.html, that are
incorporated herein and made a part of this Agreement by reference.
(6) The Customer agrees to adhere to
the Google Privacy Policy, available at
http://www.google.com/intl/en/policies/privacy/, that are incorporated herein
and made a part of this Agreement by reference.
(7) The Customer agrees to adhere to
the Google Apps for Business (Online) Agreement, available at
https://www.google.com/intx/en_in/work/apps/terms/2013/1/premier_terms.html,
that are incorporated herein and made a part of this Agreement by reference.
(8) If the Customer selects and
purchases any Parent Products which include a product named as “Impress.ly” the
Customer hereby understands, acknowledges and accepts that the Customer shall
be bound by the terms and conditions provided by AppMachine B.V. at: 1.
http://www.impress.ly/docs/EULA.pdf and 2.
http://www.impress.ly/docs/Impressly-privacy-and-cookie-statement.pdf
(collectively refered to as “Impress.ly Term and Condition”). Save as otherwise
provided in the Impress.ly Terms and Conditions with respect to the use and
operation of Impress.ly, any transaction or matter between the Customer and
Parent pertaining to purchase of the Parent Products i.e. Impress.ly shall be
governed in accordance with this Agreement.
(9) If the Customer selects and
purchases any Parent Products which include secure sockets layer certificate
either provided by the Parent through its Service Providers under a single
brand i.e. Comodo SSL or in combination with the other brands of the Parent or
the Service Providers, the Terms of Service and other polices (if any)
available at https://ssl.comodo.com/terms.php (collectively referred to as
"Comodo SSL Terms of Service"), with respect to the products of said
brand shall be applicable and the Customer shall comply with such terms and
conditions and privacy policy.
The Parent does not endorse or assure
the quality, availability, or timeliness or any other assurance in relation to
product or services provisioned by non-Adhoc Infoway website(s).
(10) If the Customer selects and
purchases any Parent Products which includes hosting services either provided
by the Parent through its Service Providers under a single brand i.e. Hostgator
or in combination with the other brands of the Service Providers, the
acceptable usage policy,the privacy policy Copyright Infringement and Terms of
Service Policy available at http://www.hostgator.com/tos/acceptable-use-policy,
http://www.hostgator.com/privacy, http://www.hostgator.com/copyright,
http://www.hostgator.com/tos respectively, with respect to the products of said
brand shall be applicable and the Customer shall comply with such terms and
conditions and privacy policy.
For avoidance of doubt it hereby
clarified that all other terms, conditions and policies of the Parent shall be
applicable with respect to the foregoing products unless otherwise expressly
mentioned in the foregoing sentence.
(11) If the Customer selects and
purchases any Parent Products which include hosting services either provided by
the Parent through its Service Providers under a single brand i.e. BlueHost or
in combination with the other brands of the Service Providers, the Terms of
Service and other polices (if any) available at https://www.bluehost.com/terms
(collectively referred to as "Bluehost Terms of Service"), with
respect to the products of said brand shall be applicable and the Customer
shall comply with such terms and conditions and privacy policy.
The Parent does not endorse or assure
the quality, availability, or timeliness or any other assurance in relation to
a product or services provisioned by non-Adhoc Infoway website(s).
3. OBLIGATIONS OF PARENT
Parent shall make available the
latest versions of this Agreement and Customer Product Agreement Extensions in
the Customer Control Panel or on the Parent Website.
4. OBLIGATIONS OF THE CUSTOMER
(1) The Customer acknowledges that in
the event of any dispute and/or discrepancy concerning any data element of an
Order or the Customer in the OrderBox Database, the data element in the
OrderBox Database records shall prevail.
(2) The Customer acknowledges that
all information of the Customer in the OrderBox, including authentication
information is accessible to Parent and its Service Providers
(3) The Customer shall comply with
all terms or conditions established by Parent and/or its Service Providers from
time to time.
(4) The Customer agree to provide,
maintain and update, current, complete and accurate information for all the
data elements about the Customer in the OrderBox Database.
(5) Customer acknowledges that Parent
Products maybe obtained through Service Providers, and as such, changes in
structure, or contracts may occur, and as a result services may be adversely
affected. Customer acknowledges and agrees that Parent shall not have any
liability associated with any such.
(6) During the term of this Agreement
and for three years thereafter, the Customer shall maintain the following
records relating to its dealings with Parent and their Agents or Authorized
Representatives:-
(1) In electronic, paper or microfilm
form, all written communications with respect to Parent Products.
(2) In electronic form, records of
the accounts of all, current / past Orders with the Customer, including dates
and amounts of all payments, discount, credits and refunds.
The Customer shall make these records
available for inspection by Parent upon reasonable notice not exceeding 14
days.
(7) Customer shall not transact with
or act on behalf of any Prohibited Person. If Customer is a Prohibited Person,
Customer is prohibited from registering or signing up with, subscribing to, or
using any Parent Product, or participating in the Customer program. Any
violation of this provision ("OFAC Provision") as determined in
Parent's sole discretion, may result in the suspension and/or termination of
the Customer account and the termination of this Agreement without a refund or
compensation of any kind to Customer.
5. REPRESENTATIONS AND WARRANTIES
Parent and Customer represent and
warrant that:-
(1) they have all requisite power and
authority to execute, deliver and perform their obligations under this
Agreement;
(2) This Agreement has been duly and
validly executed and delivered and constitutes a legal, valid and binding
obligation, enforceable against the Customer and Parent in accordance with its
terms;
(3) The execution, delivery, and
performance of this Agreement and the consummation by Parent and the Customer
of the transactions contemplated hereby will not, with or without the giving of
notice, the lapse of time, or both, conflict with or violate:-
(1) any provision of law, rule, or
regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate
by-laws or other documents; or
(4) any agreement or other
instrument.
(4) the execution, performance and
delivery of this Agreement has been duly authorized by the Customer and Parent;
(5) No consent, approval, or
authorization of, or exemption by, or filing with, any governmental authority
or any third party is required to be obtained or made in connection with the
execution, delivery, and performance of this Agreement or the taking of any
other action contemplated hereby;
The Customer represents and warrants
that:
(1) the Customer has read and
understood every clause of this Agreement
(2) the Customer has independently
evaluated the desirability of the service and is not relying on any
representation agreement, guarantee or statement other than as set forth in
this agreement
(3) the Customer is not a Prohibited
Person and is not acting on behalf of a Prohibited Person; and
(4) the Customer is eligible, to
enter into this Contract according to the laws of the Customer's country
6. RIGHTS OF PARENT AND SERVICE
PROVIDERS
(1) Parent and Service Providers may
change any information, including Authentication Information of the Customer in
the OrderBox Database upon receiving authorization from the Customer in any
form as maybe prescribed by Parent from time to time.
(2) Parent and Service Providers may
provide/send any information in the OrderBox Database, about the Customer,
including Authentication information
(1) to the Customer Contact Details
(2) to any authorised representative,
agent, contractee, employee of the Customer upon receiving authorization in any
form as maybe prescribed by Parent from time to time
(3) to the Service Providers
(3) Parent and Service Providers in
its own discretion can at any point of time temporarily or permanently cease to
sell a Parent Product
(4) Parent reserves the right to
change pricing, minimum order levels, and discounts, of any Parent Product , at any time.
(5) Parent and Service Providers, in
their sole discretion, expressly reserve the right to deny any Order or cancel
an Order within 30 days of processing the same. In such case Parent may refund
the fees charged for the Order, after deducting any processing charges for the
same.
(6) Parent and Service Providers, in
their sole discretion, without notice, expressly reserve the right to modify,
upgrade, freeze the OrderBox, and its associated Services.
(7) Notwithstanding anything to the
contrary, Parent and Service Providers, in their sole discretion, expressly
reserve the right to without notice or refund, access, delete, suspend, deny,
cancel, modify, intercept and analyze traffic of, copy, backup, access data of,
redirect, log usage of, monitor, limit access to, limit access of, take
ownership of or transfer any Order, or to delete, suspend, freeze, modify
OrderBox Users' access to OrderBox, or to modify, upgrade, suspend, freeze
OrderBox, or to publish, transmit, share data in the OrderBox Database with any
person or entity, or to contact any entity in the OrderBox Database, in order
to recover any Payment from the Customer for any service rendered by the Parent
including services rendered outside the scope of this agreement for which the
Customer has been notified and requested to remit payment, or to correct
mistakes made by Parent or its Service Providers in processing or executing an
Order, or in the case of any breach or violation or threatened breach or
violation of this Agreement, or incase Parent learns of a possibility of breach
or violation of this Agreement which Parent in its sole discretion determines
to be appropriate, or incase of Termination of this Agreement, or if Parent
learns of any such event which Parent reasonably determines would lead to
Termination of this Agreement or would constitute as Breach thereof, or to
protect the integrity and stability of the Parent Products and the OrderBox, or
to comply with any applicable laws, government rules or requirements, requests
of law enforcement, or in compliance with any dispute resolution process, or in
compliance with any agreements executed by Parent, or to avoid any liability,
civil or criminal, on the part of Parent and/or Service Providers, as well as
their affiliates, subsidiaries, officers, directors and employees, or if the
Customer and/or its Agents or any other authorised representatives of the
Customer violate any applicable laws/government rules/usage policies, including
but not limited to, intellectual property, copyright, patent, or Parent learns
of the possibility of any such violation, or authorisation from the Customer in
any manner that Parent deems satisfactory, or for any appropriate reason. The
Customer agrees that Parent and Service Providers, and the contractors,
employees, directors, officers, representatives, agents and affiliates, of Parent
and Service Providers, are not liable for loss or damages that may result from
any of the above.
(8) Incase of Orders involving web
services, Parent and Service Providers can choose to redirect any Order to any
IP Address including, without limitation, to an IP address which hosts a
parking page or a commercial search engine for the purpose of monetization, if
an Order has expired, or is suspended, or does not contain valid information to
direct it to any destination. Customer acknowledges that Parent and Service
Providers cannot and do not check to see whether such a redirection, infringes
any legal rights including but not limited to intellectual property rights,
privacy rights, trademark rights, of Customer, or that the content displayed
due to such redirection is inappropriate, or in violation of any federal, state
or local rule, regulation or law, or injurious to Customer or any third party,
or their reputation and as such is not responsible for any damages caused
directly or indirectly as a result of such redirection.
(9) Parent has the right to rectify
any mistakes in the data in the OrderBox Database with retrospective effect.
(10) Parent and Service Providers
reserve the right to prohibit the use of any of their services in connection
with any Country-Code Top Level Domain Name ("ccTLD") of any
Sanctioned Country.
(11) Parent and Service Providers
expressly reserve the right to suspend or terminate Customer's account, without
prior notice and without issuing a refund or compensation of any kind, if
Parent or Service Provider determines in its sole discretion, that Customer has
violated the OFAC Provision in Section 4. Parent and Service Provider shall not
be liable for any loss or damages resulting from such action whether such loss
or damage is incurred by the Customer, or a third party. Parent will not
directly or indirectly refund any amounts to any Prohibited Person, including
without limitation, any amounts in a Customer's Advance Account.
7. TERMS OF AGREEMENT AND RENEWAL
(1). Subject to the term of this
Agreement, the initial term of the Order purchased by the Customer shall be for
the period set forth in the registration form presented to the Customer at the
first time purchasing the Order (the "Initial Term"). Unless the Customer
cancel prior to the end of the Initial Term, the Term shall automatically renew
for successive periods (each a "Renewal Period") of equal length as
the Initial Term, unless otherwise the Customer elects not to renew at the end
of the Initial Term or Renewal Period by giving a written notice of 30 days
prior to expiry of Initial Term or the Renewal Period, as the case may be. For
the purpose of this section Term shall include Initial Term or Renewal Period
as the context may arise.
The Customer acknowledges, agrees,
and authorizes the Parent to automatically bill the applicable fee and/or
charge your Advance Account and/or Card Information (as defined herein below)
or other payment account on file, if any, for each Renewal Period, unless the
Customer terminates or cancels the Order prior to such charge as provided in
this section.
(2) This Agreement shall be
terminated in accordance with the Section 8 (TERMINATION OF AGREEMENT).
8. TERMINATION OF AGREEMENT
(1) Either Party may terminate this
Agreement and/or any Customer Product Agreement Extension at any time by
(1) giving a 30 (Thirty) days notice
of termination delivered as per Section 26 (NOTICE).
(2) With immediate effect, if the
other Party is adjudged insolvent or bankrupt, or if proceedings are instituted
by or against a Party seeking relief, reorganization or arrangement or
compromise or settlement under any laws relating to insolvency, or seeking any
assignment for the benefit of creditors, or seeking the appointment of a
receiver, liquidator or trustee of a Party's property or assets or the
liquidation, dissolution or winding up of a Party's Business.
(2) Parent may Terminate this
Agreement and/or any Customer Product Agreement Extension by notifying the
Customer in writing, as of the date specified in such notice of termination
under the following circumstances
(1) In the event that the Customer or
an Agent / Employee / Authorized Representative of the Customer materially
breaches any term of this Agreement and/or any Customer Product Agreement Extension,
including any of its representations, warranties, covenants and agreements
hereunder
(2) There was a material
misrepresentation and/or material inaccuracy, and/or materially misleading
statement in Customer's Application to Parent and/or any material accompanying
the application.
(3) With immediate effect if :-
(1) the Customer is convicted of a
felony or other serious offense related to financial activities, or is judged
by a court to have committed fraud or breach of fiduciary duty, or is the
subject of a judicial determination that Parent reasonably deems as the
substantive equivalent of any of these; or
(2) the Customer is disciplined by
the government of its domicile for conduct involving dishonesty or misuse of
funds of others.
(3) as provided for in Appendix 'A'
and Appendix 'C'
(4) if Any officer or director of the
Customer is convicted of a felony or of a misdemeanor related to financial
activities, or is judged by a court to have committed fraud or breach of
fiduciary duty, or is the subject of a judicial determination that Parent deems
as the substantive equivalent of any of these;
(3) Customer may Terminate this
Agreement and/or any Customer Product Agreement Extension by notifying Parent
in writing, as of the date of receipt of such notice, in the event that the
Customer does not agree with any revision to the Agreement or any Customer
Product Agreement Extension made as per Section 14 (RIGHT TO SUBSTITUTE UPDATED
AGREEMENT AND Customer Product Agreement EXTENSIONS) within 30 days of such
revision.
(4) Any Product Agreement Extension
shall terminate with immediate effect in the event that
(1) Parent ceases to sell the
particular Parent Product covered under that Product Agreement Extension
(2) Parents contract with Service Provider
for the particular Parent Product
terminates or expires without renewal
(5) Effect of Termination of this
Agreement
(1) Parent shall suspend all OrderBox
Users' access to the OrderBox, Parent Servers and all Parent Products and
Services, under this agreement and all Customer Product Agreement Extensions,
immediately upon receiving Termination notice from the Customer or upon
learning of any event, which Parent reasonably determines, would lead to
Termination of the Agreement.
(2) Upon expiration or termination of
this Agreement, all Customer Product Agreement Extensions signed by the
Customer shall deemed to have been Terminated with immediate effect
(3) Upon expiration or termination of
this Agreement, Parent may complete the processing of all Orders requested to
be processed, in the order that they were requested to be processed, by the
Customer prior to the date of such expiration or termination, provided that the
Customer's Advance Account with Parent has Clear Balance sufficient to carry
out these Orders. If Parent is unable to fulfill these Orders then the charges
levied to the Customer for these Orders will be reversed
(6) Effect of Termination of any
Customer Product Agreement Extension
(1) Parent may suspend OrderBox
Users' access to applicable Parent Products and Services , and the OrderBox
immediately upon receiving Termination notice from the Customer or upon
learning of any event, which Parent reasonably determines, would lead to
Termination of any Customer Product Agreement Extension
(2) Upon expiration or termination of
any Customer Product Agreement Extension, Parent may complete the processing of
all Orders, of that Parent Product, in the order that they were requested to be
processed, by the Customer prior to the date of such expiration or termination,
provided that Parent is in a position to fulfill these Orders, and the
Customer's Advance Account with Parent has Clear Balance sufficient to carry
out these Orders. If Parent is unable to fulfill these Orders then the charges levied
to the Customer for these Orders will be reversed
(3) Parent may transfer all Orders
falling under the purview of the specific Customer Product Agreement Extension
to another Customer or Parent.
(7) Any pending balance due from the
Customer at the time of termination of this Agreement or any Customer Product
Agreement Extension will be immediately payable.
(8) Neither Party shall be liable to
the other for damages of any sort resulting solely from terminating this
Agreement or any Customer Product Agreement Extension in accordance with its
terms, unless specified otherwise.The Customer however shall be liable for any
damage arising from any breach by it of this Agreement or any Customer Product
Agreement Extension.
9. FEES/ADVANCES/RENEWALS
(1) The Customer shall pay all
applicable fees/advances as per the Payment Terms and Conditions set out in
Appendix 'C'; In addition to the foregoing, the Customer agrees by purchasing
the Order(s) the Parent shall be allowed to place the Customer's account on a recurring
payment plan. Unless the Customer disable the automatic renewal option by
selecting appropriate option in the Customer Control Panel, the Parent shall
have the right to automatically renew the Order(s) when it comes up for renewal
and will take payment from the payment method the Parent have on file. For
avoidance of doubt it is agreed between the Parties that auto-renewal shall be
available for all Order(s) (except for the "Digital Certificates").
The Customer acknowledges, agrees and
authorizes the Parent or its Service Providers to seek, demand, capture,
process, transfer and store your debit/credit card information (the "Card
Information") when the Customer is making any purchase or renewing the
Order(s) and have selected the auto-renewal and recurring payment plans.
The Customer agrees and acknowledges
that auto-renewal subjected to recurring payment plans may fail in the
following scenarios:-
a. If the Customer disables
auto-renewal for any Order, at any time;
b. If the Customer deletes any Card
Information on record from the Customer Control Panel, the Card Information
expires, or insufficient of funds or exceeds its permissible limit;
c. If the OrderBox is unable to
successfully carry out auto-renewal of the Order(s) in cases including, but not
limited to, the Order being
locked/suspended, an action waiting to be processed etc. in accordance
with this Agreement;
In such event, the Customer agrees
and acknowledges that the Customer shall be responsible to manually track of
and renew the Order(s).
(2) Parent will charge a
non-refundable fee for an Order unless stated otherwise in any Product
Agreement Extension. The applicable fees will be displayed in the Customer
Control Panel or on the Parent Website and during the Ordering Process. Parent
has the right to revise this pricing at anytime. Any such revision or change
will be binding and effective immediately on posting of the revision in the
Customer Control Panel or on the Parent Website or on notification to the
Customer via email to the Customer.
(3) Customer acknowledges that it is
the Customer's responsibility to keep records and maintain reminders regarding
the expiry of any Order. As a convenience to the Customer, and not as a binding
commitment, we may notify the Customer of any expiring Orders, via an email
message sent to the contact information
associated with the Customer in the OrderBox database. Should renewal fees go
unpaid for an Order, the Order will expire.
(4) Customer acknowledges that after
expiration of the term of an Order, Customer has no rights on such Order, or
any information associated with such Order, and that ownership of such Order
now passes on to Parent. Parent and Service Providers may make any
modifications to said Order or any information associated with said Order.
Parent and Service Providers may intercept any network/communication requests
to such Order and process them in any manner in their sole discretion. Parent
and Service Providers may choose to monetize such requests in any fashion at
their sole discretion. Parent and Service Providers may choose to display any
appropriate message, and/or send any response to any user making a
network/communication request, for or concerning said Order. Parent and Service
Providers may choose to delete said Order at anytime after expiry upon their
sole discretion. Parent and Service Providers may choose to transfer the
ownership of the Order to any third party in their sole discretion. Customer
acknowledges that Parent and Service Providers shall not liable to Customer or
any third party for any action performed under this clause.
(5) Parent at its sole discretion may
allow the renewal of the Order after Order expiry, and such renewal term will
start as on the date of expiry of the Order, unless otherwise specified. Such
process may be charged separately. Such renewal after the expiry of the Order
may not result in exact reinstatement of the Order in the same form as it was
prior to expiry.
(6) Parent makes no guarantees about
the number of days, after deletion of an Order, after which the same Order will
once again become available for purchase.
10. LIMITATION OF LIABILITY
IN NO EVENT WILL PARENT OR SERVICE
PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE CUSTOMER
FOR ANY LOSS OF REGISTRATION AND USE OF DOMAIN NAME, OR FOR INTERRUPTIONS OF
BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY
OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS,
ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF
ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
PARENT AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES.
PARENT FURTHER DISCLAIMS ANY AND ALL
LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM
THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM
FORCE MAJEURE EVENTS;
(3) LOSS OR LIABILITY RESULTING FROM
ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM
NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM
ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR PARENT
PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM
THE INTERRUPTION OF SERVICE.
If any legal action or other legal
proceeding (including arbitration) relating to the performance under this
Agreement or the enforcement of any provision of this Agreement is brought
against Parent by the Customer, then in no event will the liability of Parent
exceed actual amount paid to Parent by the Customer for the Order in question
minus direct expenses incurred with respect to that Order.
BOTH PARTIES ACKNOWLEDGE THAT THE
CONSIDERATION AGREED UPON BY THE PARTIES IS BASED IN PART UPON THESE
LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE
OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF THE
PARENT RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT PAID TO PARENT BY THE
CUSTOMER DURING THE MOST RECENT THREE (3) MONTH PERIOD PRECEDING THE EVENTS
GIVING RISE TO SUCH LIABILITY.
11. INDEMNIFICATION
(1) The Customer, at their own
expense, will indemnify, defend and hold harmless, Parent, Service Providers,
and the contactors, employees, directors, officers, representatives, agents and
affiliates, of Parent, and Service Providers, against any claim, suit, action,
or other proceeding brought against Parent or Service Providers based on or
arising from any claim or alleged claim, of third parties relating to or
arising under this Agreement, Parent Products provided hereunder or use of the
Parent Products, including without limitation:-
(1) infringement by either the
Customer, or someone else using a Parent Product with the Customer's computer,
of any intellectual property or other proprietary right of any person or entity
(2) arising out of any breach by the
Customer of this Agreement.
(3) relating to or arising out of any
Order or use of any Order
(4) relating to any action of Parent
as permitted by this Agreement
(5) relating to any action of Parent
carried out on behalf of Customer as described in this Agreement
(2) Parent will not enter into any
settlement or compromise of any such indemnifiable claim without Customer's
prior written consent, which shall not be unreasonably withheld.
(3) The Customer will pay any and all
costs, damages, and expenses, including, but not limited to, actual attorneys'
fees and costs awarded against or otherwise incurred by Parent in connection
with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this
Agreement, each Party will continue to independently own his/her/its
intellectual property, including all patents, trademarks, trade names, domain
names, service marks, copyrights, trade secrets, proprietary processes and all
other forms of intellectual property. Any improvements to existing intellectual
property will continue to be owned by the Party already holding such
intellectual property.
Without limiting the generality of
the foregoing, no commercial use rights or any licenses under any patent,
patent application, copyright, trademark, know-how, trade secret, or any other
intellectual proprietary rights are granted by Parent to the Customer, or by
any disclosure of any Confidential Information to the Customer under this
Agreement.
Customer shall further ensure that
the Customer does not infringe any intellectual property rights or other rights
of any person or entity, or does not publish any content that is libelous or
illegal while using services under this Agreement. Customer acknowledges that
Parent cannot and does not check to see whether any services or the use of the
services by the Customer under this Agreement, infringes legal rights of
others.
13. OWNERSHIP AND USE OF DATA
(1) Customer agrees and acknowledges
that Parent owns all data, compilation, collective and similar rights, title
and interests worldwide in the OrderBox Database, and all information and
derivative works generated from the OrderBox Database.
(2) Parent and Service Providers and
their designees/agents have the right to backup, copy, publish, disclose, use,
sell, modify, process this data in any form and manner as maybe required for
compliance of any agreements executed by Parent or Service Providers, or in
order to fulfill services under this Agreement, or for any other appropriate
reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party
to exercise any power, right, privilege or remedy under this Agreement, and no
delay on the part of any Party in exercising any power, right, privilege or
remedy under this Agreement, shall operate as a waiver of such power, right,
privilege or remedy; and no single or partial exercise or waiver of any such
power, right, privilege or remedy shall preclude any other or further exercise
thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have
waived any claim arising out of this Agreement, or any power, right, privilege
or remedy under this Agreement, unless the waiver of such claim, power, right,
privilege or remedy is expressly set forth in a written instrument duly
executed and delivered on behalf of such Party; and any such waiver shall not
be applicable or have any effect except in the specific instance in which it is
given.
No waiver of any of the provisions of
this Agreement shall be deemed to constitute a waiver of any other provision
(whether or not similar), nor shall such waiver constitute a waiver or
continuing waiver unless otherwise expressly provided in writing duly executed
and delivered.
15. RIGHT TO SUBSTITUTE UPDATED
AGREEMENT
(1) During the period of this
Agreement, the Customer agrees that Parent may:-
(1) revise the terms and conditions
of this Agreement; and
(2) change the services provided
under this Agreement
(2) Any such revision or change will
be binding and effective immediately on posting of the revision in the Customer
Control Panel or on the Parent Website
(3) The Customer agrees to review the
Customer Control Panel and Parent Website including the agreements,
periodically, to be aware of any such revisions
(4) If the Customer does not agree
with any revision, the Customer may terminate this Agreement according to
Section 8(3) of this Agreement
(5) The Customer agrees that,
continuing use of the services under this Agreement following notice of any
revision, will constitute as an acceptance of any such revisions or changes
(6) The Customer shall execute, in a
form and manner prescribed by Parent, a supplementary agreement incorporating
the amendments to or revisions of the Agreement and/or Customer Product
Agreement Extension
(7) The length of the term of the
substituted agreement will be calculated as if it is commenced on the date the
original Agreement began and the original Agreement will be deemed terminated.
(8) It will be the Customer's
responsibility to communicate any changes in the agreement and any
obligations/duties covered by these changes to the Customer's Agents /
Employees / Authorised Representatives.
16. CONFIDENTIALITY
All Confidential Information shall be
governed by the Confidentiality Agreement as attached in Appendix 'B'.
17. PUBLICITY
The Customer shall not create,
publish, distribute, or permit any written / Oral / electronic material that
makes reference to us or our Service Providers or uses any of Parent's
registered Trademarks / Service Marks or our Service Providers' registered
Trademarks / Service Marks without first submitting such material to us and our
Service Providers and receiving prior written consent.
The Customer gives Parent the right
to recommend / suggest the Customer's name and details to Customers / Visitors
to the Parent Website, and Prospective Customers and use the Customer's name in
marketing / promotional material with regards to Parent Products.
18. TAXES
The Customer shall be responsible for
sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise
duty, income tax, and all other taxes and duties, whether international,
national, state or local, however designated, which are levied or imposed or
may be levied or imposed, with respect to this Agreement and the Parent
Products.
19. FORCE MAJEURE
Neither party shall be liable to the
other for any loss or damage resulting from any cause beyond its reasonable
control (a "Force Majeure Event") including, but not limited to,
insurrection or civil disorder, riot, war or military operations, national or
local emergency, acts or directives or omissions of government or other
competent authority, compliance with any statutory obligation or executive
order, strike, lock-out, work stoppage, industrial disputes of any kind
(whether or not involving either party's employees), any Act of God, fire,
lightning, explosion, flood, earthquake, eruption of volcano, storm,
subsidence, weather of exceptional severity, equipment or facilities breakages
/ shortages which are being experienced by providers of telecommunications
services generally, or other similar force beyond such Party's reasonable
control, and acts or omissions of persons for whom neither party is
responsible. Upon occurrence of a Force Majeure Event and to the extent such
occurrence interferes with either party's performance of this Agreement, such
party shall be excused from performance of its obligations (other than payment
obligations) during the first three months of such interference, provided that
such party uses best efforts to avoid or remove such causes of non performance
as soon as possible.
20. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly
provided herein, the provisions of this Agreement shall inure to the benefit of
and be binding upon, the successors and assigns of the Parties. The Customer
shall not assign, sublicense or transfer its rights or obligations under this
Agreement to any third person(s)/party without the prior written consent of the
Parent.
21. CUSTOMER - CUSTOMER TRANSFER
(1) Parent may transfer the Order of
the Customer to another Person, Organisation or any other Legal entity under
the following circumstances:-
(1) Authorization from the Customer
and/or their Agent or Authorized Representative in a manner prescribed by
Parent from time to time;
(2) On receiving orders from a competent
Court, Law Enforcement Agency, or recognized Regulatory body;
(3) Breach of Contract;
(4) Termination of this Agreement;
(5) Parent learns of any such event,
which Parent reasonably determines would lead to Termination of this Agreement,
or would constitute as Breach thereof.
(2) In the above circumstances the
Customer shall extend full cooperation to Parent in transferring the Order of
the Customer.
22. DISCLAIMER
THE ORDERBOX, PARENT SERVERS AND ANY
OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS
PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY
WARRANTY OF ANY KIND.
PARENT AND SERVICE PROVIDERS
EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE
AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL
SUPPORT.
PARENT AND SERVICE PROVIDERS ASSUME
NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT
MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR
ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING PARENT SERVERS. WITHOUT LIMITING
THE FOREGOING, PARENT AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR
GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH
ORDERBOX OR PARENT SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN
HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE
INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/PARENT SERVERS WILL NOT
CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM
OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY PARENT AND SERVICE
PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS
IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR
REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT
OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR
(F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE
SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY
TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
PARENT AND SERVICE PROVIDERS MAKES NO
REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION
AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY,
STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. PARENT AND SERVICE PROVIDERS
DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH
INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES,
SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, PARENT NEITHER WARRANTS
NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX,
ORDERBOX SERVERS, PARENT WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION /
DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
23. JURISDICTION & ATTORNEY'S
FEES
This Agreement shall be governed by
and interpreted and enforced in accordance with the laws of the Country, State
and City where Parent is incorporated, applicable therein without reference to
rules governing choice of laws. Any action relating to this Agreement must be
brought in a court in the city, state, country where Parent is incorporated.
Parent reserves the right to enforce the law in the Country/State/District
where the Registered/Corporate/Branch Office, or Place of Management of the
Customer is situated as per the laws of that Country/State/District.
If any legal action or other legal
proceeding relating to the performance under this Agreement or the enforcement
of any provision of this Agreement is brought against either Party hereto, the
prevailing Party shall be entitled to recover reasonable attorneys' fees, costs
and disbursements (in addition to any other relief to which the prevailing
Party may be entitled.
24. MISCELLANEOUS
(1) Any reference in this Agreement
to gender shall include all genders, and words importing the singular number
only shall include the plural and vice versa.
(2) There are no representations,
warranties, conditions or other agreements, express or implied, statutory or
otherwise, between the Parties in connection with the subject matter of this
Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to
resolve any disputes between them prior to resorting to litigation through
mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the
benefit of and be binding upon Parent and the Customer as well as all
respective successors and permitted assigns.
(5) Survival: In the event of
termination of this Agreement for any reason, Sections 1, 4, 6, 8(5), 8(6),
8(7), 8(8), 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 24(3), 24(5), 24(7),
24(11), 25(2) and all Sections of Appendix A, and all Sections of Appendix B,
and all Sections of Appendix C and any Sections covered separately under a
Survival clause in any Customer Product Agreement Extension shall survive..
(6) This Agreement does not provide
and shall not be construed to provide third parties (i.e. non-parties to this
Agreement), with any remedy, claim, and cause of action or privilege against
Parent.
(7) The Customer, Parent, and its
Service Providers are independent contractors, and nothing in this Agreement
will create any partnership, joint venture, agency, franchise, and sales
representative or employment relationship between the parties.
(8) Further Assurances: Each Party
hereto shall execute and/or cause to be delivered to the other Party hereto
such instruments and other documents, and shall take such other actions, as
such other Party may reasonably request for the purpose of carrying out or
evidencing any of the transactions contemplated / carried out, by / as a result
of, this Agreement.
(9) Construction: The Parties agree
that any rule of construction to the effect that ambiguities are to be resolved
against the drafting Party shall not be applied in the construction or
interpretation of this Agreement.
(10) Entire Agreement; Severability:
This Agreement, which includes Appendix A, Appendix B, Appendix C and each
executed Customer Product Agreement Extension constitutes the entire agreement
between the Parties concerning the subject matter hereof and supersedes any
prior agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, with respect to the subject matter
expressly set forth herein. If any provision of this Agreement shall be held to
be illegal, invalid or unenforceable, each Party agrees that such provision
shall be enforced to the maximum extent permissible so as to effect the intent
of the Parties, and the validity, legality and enforceability of the remaining
provisions of this Agreement shall not in any way be affected or impaired
thereby. If necessary to effect the intent of the Parties, the Parties shall
negotiate in good faith to amend this Agreement to replace the unenforceable
language with enforceable language that reflects such intent as closely as
possible.
(11) The division of this Agreement
into Sections, Subsections, Appendices, Extensions and other Subdivisions and
the insertion of headings are for convenience of reference only and shall not
affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed
in counterparts.
(13) Language. All notices,
designations, and specifications made under this Agreement shall be made in the
English Language only.
(14) Dates and Times. All dates and
times relevant to this Agreement or its performance shall be computed based on
the date and time observed in the city of the Registered office of the Parent
25. BREACH
In the event that Parent suspects
breach of any of the terms and conditions of this Agreement:
(1) Parent can immediately, without
any notification and without assigning any reasons, suspend / terminate the
OrderBox Users' access to all Parent Products and Services and the OrderBox.
(2) The Customer will be immediately
liable for any damages caused by any breach of any of the terms and conditions
of this Agreement.
26. NOTICE
(1) Any notice or other communication
required or permitted to be delivered to Parent under this Agreement shall be
in writing unless otherwise specified and shall be deemed properly delivered,
when sent to Parent's contact address specified in the Customer Control Panel
or on the Parent Website by registered mail or courier. Any communication shall
be deemed to have been validly and effectively given, on the date of receiving
such communication, if such date is a Business Day and such delivery was made
prior to 17:30 hours local time, and otherwise on the next Business Day.
(2) Any notice or other communication
to be delivered to Parent via email under this agreement shall be deemed to
have been properly delivered if sent to its Legal Contact mentioned in the
Customer Control Panel or on the Parent Website.
(3) Any notice or other communication
required or permitted to be delivered to the Customer under this Agreement
shall be deemed properly delivered, given and received when delivered to email
address or contact address of the Customer in the OrderBox Database.
(4) Other than those notices
mentioned in this agreement, Parent is NOT required to communicate with the
Customer in any respect about services provided under this agreement. As a
convenience to the Customer, Parent may proactively send notices about aspects
with regards to services rendered under this Agreement, however these notices
may be discontinued by Parent at anytime.
APPENDIX 'A'
ACCEPTABLE USAGE POLICIES
This Appendix A covers the terms of
access to the OrderBox. Any violation of these terms will constitute a breach
of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Parent may in its ABSOLUTE and
UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the
OrderBox in the event of significant degradation of the OrderBox, or at any
time Parent may deem necessary.
(2) Parent may in its ABSOLUTE and
UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to
time.
(3) Access to the OrderBox is
controlled by authentication information provided by Parent. Parent is not
responsible for any action in the OrderBox that takes place using this
authentication information whether authorized or not.
(4) Parent is not responsible for any
action in the OrderBox by a OrderBox User
(5) OrderBox User will not attempt to
hack, crack, gain unauthorized access, misuse or engage in any practice that
may hamper operations of the OrderBox including, without Limitation temporary /
permanent slow down of the OrderBox, damage to data, software, operating
system, applications, hardware components, network connectivity or any other
hardware / software that constitute the OrderBox and architecture needed to
continue operation thereof.
(6) OrderBox User will not send or
cause the sending of repeated unreasonable network requests to the OrderBox or
establish repeated unreasonable connections to the OrderBox. Parent will in its
ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable
number of requests or connections.
(7) OrderBox User will take
reasonable measures and precautions to ensure secrecy of authentication
information.
(8) OrderBox User will take
reasonable precautions to protect OrderBox Data from misuse, unauthorized
access or disclosure, alteration, or destruction.
(9) Parent shall not be responsible
for damage caused due to the compromise of your Authentication information in
any manner OR any authorized/unauthorized use of the Authentication
Information.
(10) Parent shall not be liable for
any damages due to downtime or interruption of OrderBox for any duration and
any cause whatsoever.
(11) Parent shall have the right to
temporarily or permanently suspend access of a OrderBox User to the OrderBox if
Parent in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the
access to the OrderBox, or learns of any possible misuse that has occurred, or
will occur with respect to a OrderBox User.
(12) Parent and Service Providers
reserve the right to, in their sole discretion, reject any request, network
connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF OrderBox
(1) Customer, or its contractors,
employees, directors, officers, representatives, agents and affiliates and
OrderBox Users, either directly or indirectly, shall not use or permit use of
the OrderBox or an Order, directly or indirectly, in violation of any federal,
state or local rule, regulation or law, or for any unlawful purpose, or in a
manner injurious to Parent, Service Providers or their Resellers, Customers and
OrderBox Users, or their reputation, including but not limited to the following
activities -
(1) Usenet spam (off-topic, bulk
posting/cross-posting, advertising in non-commercial newsgroups, etc.)
(2) Posting a single article or
substantially similar articles to an excessive number of newsgroups (i.e., more
than 2-3) or posting of articles which are off-topic (i.e., off-topic according
to the newsgroup charter or the article provokes complaints from the readers of
the newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails
(i.e., to more than 10 individuals, generally referred to as spamming) which
provokes complaints from any of the recipients; or engaging in spamming from
any provider
(4) Offering for sale or otherwise
enabling access to software products that facilitate the sending of unsolicited
e-mail or facilitate the assembling of multiple e-mail addresses
("spamware")
(5) Advertising, transmitting,
linking to, or otherwise making available any software, program, product, or
service that is designed to violate these terms, including but not limited to
the facilitation of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and piracy of software
(6) Harassment of other individuals
utilizing the Internet after being asked to stop by those individuals, a court,
a law-enforcement agency and/or Parent
(7) Impersonating another user or
entity or an existing company/user/service or otherwise falsifying one's
identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with
any other Internet service, or for the purpose of directing traffic of said
user or entity elsewhere
(8) Pointing to or otherwise
directing traffic to, directly or indirectly, any material that, in the sole
opinion of Parent, is associated with spamming, bulk e-mail, e-mail harvesting,
warez (or links to such material), is in violation of copyright law, or
contains material judged, in the sole opinion of Parent, to be threatening or
obscene or inappropriate
(9) Engaging in or solicit illegal
activities, or to conduct any other activity that infringes the rights of
Parent, Service Providers or any other third party
(10) Making foul or profane
expressions, or impersonating another person with fraudulent or malicious intent,
or to annoy, abuse, threaten, or harass that person
(11) Transmitting Unsolicited
Commercial e-mail (UCE)
(12) Transmitting bulk e-mail
(13) Being listed, or, in our sole
opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
(14) Posting bulk Usenet/newsgroup
articles
(15) Denial of Service attacks of any
kind
(16) Excessive use of any web service
obtained under this agreement beyond reasonable limits as determined by the
Parent in its sole discretion
(17) Copyright or trademark infringement
(18) Unlawful or illegal activities
of any kind
(19) Promoting net abuse in any
manner (providing software, tools or information which enables, facilitates or
otherwise supports net abuse)
(20) Causing lossage or creating
service degradation for other users whether intentional or inadvertent.
(21) Distributing chain letters
(22) Sending large or multiple files
or messages to a single recipient with malicious intent
(23) Cross-posting articles to an
excessive number of, or inappropriate, newsgroups, forums, mailing lists or
websites
(24) Phishing (identity theft),
pharming, distribution of virus or malware, child pornography, Fast Flux
techniques, running Botnet command and control, network attacks, money
laundering schemes (Ponzi, Pyramid, Money Mule, etc.), or illegal distribution
of prescription medications, including, but not limited to, promotion,
marketing, or sale of prescription medications without a valid prescription
(25) Referencing an OrderBox provided
service or an Order within a spam email
(26) Hosting, transmitting,
providing, publishing, or storing illegal content, including but not limited to
the following material, information, messages, data or images:
(1) libelous or defamatory content
(2) content that violates any privacy
right
(3) content which threatens physical
harm or property damage
(4) content which is obscene,
pornographic, salacious, explicitly erotic or offensive
(5) content that violates applicable
intellectual property laws or regulations, including but not limited to, the
transmission of copyrighted material or trade secrets and the infringement of
patents and trademarks
(6) content which violates any
export, re-export or import laws and regulations of any jurisdiction
(7) hacker programs or archives,
"warez", passwords or "cracks"
(8) internet relay chat servers
("IRCs") IRC bots
(9) any content which Parent in its
sole discretion determines as illegal, unlawful, or otherwise inappropriate
(2) Parent in its sole discretion
will determine what constitutes as violation of appropriate usage including but
not limited to all of the above.
(3) Data in the OrderBox Database
cannot be used for any purpose other than those listed below, except if
explicit written permission has been obtained from Parent:-
1. To perform services contemplated
under this agreement; and
2. To communicate with Parent on any
matter pertaining to Parent or its services
(3) Data in the OrderBox Database
cannot specifically be used for any purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
APPENDIX 'B'
CONFIDENTIALITY
Customer's use and disclosure of
Confidential Information is subject to the following terms and conditions:-
(1) With respect to the Confidential
Information, the Customer agree that:
(1) The Customer shall treat as
strictly confidential, and use all reasonable efforts, including implementing
reasonable physical security measures and operating procedures, to preserve the
secrecy and confidentiality of, all Confidential Information received from
Parent.
(2) The Customer shall make no
disclosures whatsoever of any Confidential Information to others, provided
however, that if the Customer are a corporation, partnership, or similar
entity, disclosure is permitted to the their officers and employees who have a
demonstrable need to know such Confidential Information, provided that the
Customer shall advise such personnel of the confidential nature of the
Confidential Information and of the procedures required to maintain the
confidentiality thereof; and
(3) The Customer shall not modify or
remove any confidentiality legends and/or copyright notices appearing on any
Confidential Information of Parent.
(2) The obligations set forth in this
Appendix shall be continuing, provided, however, that this Appendix imposes no
obligation upon the Customer with respect to information that:
(1) is disclosed with Parent's prior
written approval; or
(2) is or has entered the public
domain in its integrated and aggregated form through no fault of the receiving
party; or
(3) is known by the Customer prior to
the time of disclosure in its integrated and aggregated form; or
(4) is independently developed by the Customer without use of the
Confidential Information; or
(5) is made generally available by
Parent without restriction on disclosure.
(3) In the event the Customer is
required by law, regulation or court order to disclose any of Parent's
Confidential Information, the Customer will promptly notify Parent in writing
prior to making any such disclosure in order to facilitate Parent seeking a
protective order or other appropriate remedy from the proper authority, at the
Customer' expense. The Customer agree to cooperate with Parent in seeking such
order or other remedy. The Customer further agree that if Parent is not
successful in precluding the requesting legal body from requiring the
disclosure of the Confidential Information, it will furnish only that portion
of the Confidential Information, which is legally required.
(4) In the event of any termination
of this Agreement, all Confidential Information, including all copies, partial
copies of Confidential Information, copied portions contained in derivative
works, in the Customer' possession shall be immediately returned to Parent or
destroyed. Within 30 (Thirty) days of termination of this Agreement, the
Customer will certify in writing, to Parent the Customer' compliance with this
provision.
(5) The Customer shall provide full
voluntary disclosure to Parent of any and all unauthorized disclosures and/or
unauthorized uses of any Confidential Information; and the obligations of this
Appendix shall survive such termination and remain in full force and effect.
(6) The Customer duties under this
Appendix shall expire five (5) years after the information is received or
earlier, upon written agreement of the parties.
(7) The Customer agrees that Parent
shall be entitled to seek all available legal and equitable remedies for the
breach by either of the Customer of all of these clauses in this Appendix at
the cost of the Customer.
APPENDIX 'C'
PAYMENT TERMS AND CONDITIONS
1. ADVANCE ACCOUNT
(1) Prior to purchasing any Parent
Products, the Customer shall maintain an Advance Account with Parent.
(2) As and when, the Customer
purchases Parent Products, the Customer's Advance Account balance shall be
reduced as per the then current pricing of that Parent Product as mentioned in
the Customer Control Panel or on the Parent Website or during the ordering
process.
(3) Parent shall maintain a record of
Customer's Advance Account balance, which shall be accessible by the Customer.
If the Customer's Advance Account balance is insufficient for processing any
Order then that Order may not be processed.
(4) The Advance Account will maintain
the Customer Credit in both the Accounting Currency and Selling Currency of the
Parent's choice. Parent has the right to modify the currency at anytime.
(5) Any negative balance in the
Customer's Advance Account will be immediately payable. If a Customer does not
remedy a negative balance in their account within 24 hours, Parent has the
right to terminate this agreement with immediate effect and without any notice.
Upon such termination or otherwise Parent shall continue to have the right to
initiate any legal proceedings against the Customer to recover any negative
balance in the Customer's Advance Account.
(6) Parent shall have the right to
set-off any payment received from the Customer, or Sub-Customer, or Lower Tier
Sub-Customer, or Customer against any negative balance in the Customer's
Advance Account.
(7) Any discrepancy, mistake, error
in the credit / debit / amount in the Customer Transactions / Advance Account
maybe corrected by Parent at anytime
2. PAYMENT TERMS
(1) Parent will accept payments from
the Customer only by means specified in the Customer Control Panel
(2) Parent will credit all payments
received to the Customers Advance Account after deducting all bank charges,
processing charges and any other charges which Parent may choose to levy upon
its sole discretion, within reasonable time of receiving the credit in Parent's
Account. The exchange rate will be determined by Parent through a reasonable
source. The exchange rate determined by Parent shall be undisputable.
(3) It is the Customer's
responsibility to provide the Customer Username to Parent to be credited for
the payment. The absence of the Customer Username along with reasonable
information will delay the corresponding credit to the Advance Account.
(4) In the event that the Customer
charges back a payment made via Credit Card or the payment instrument sent by
the Customer bounces due to Lack of Funds or any other Reason, then
(1) Parent may immediately suspend
OrderBox Users' access to the OrderBox
(2) Parent has the right to terminate
this agreement with immediate effect and without any notice.
(3) Parent in its ABSOLUTE and
UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take
ownership of or transfer any or all of the Orders placed by the Customer, as
well as stop / suspend / delete / transfer any Orders currently being
processed.
(4) Parent in its ABSOLUTE and
UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Customer to
any other Customer, or under Parent's account.
(5) Parent in its ABSOLUTE and
UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the
processing of the Charge-back / Payment Reversal in addition to actual costs of
the same.
(6) Any negative balance in the
Customers Advance Account shall become immediately payable
(7) Parent shall have the right to
initiate any legal proceedings against the Customer to recover any such
liabilities.
3. PRICING TERMS
(1) All pricing in this Agreement as
well as every Customer Product Agreement Extension refers to the price at which
the Customer may Purchase the corresponding Parent Product. This is excluding
taxes, surcharges or any other costs.
(2) Parent may at any time change the
price of any Parent Product with reasonable notification to the Customer.
4. REFUNDS AND REIMBURSEMENT TERMS
(1) All Clear Balance pending in the
Advance Account maybe refunded to the Customer, on request of the Customer
unless otherwise indicated, including without limitation, if Customer has
violated the OFAC Provision in Section 4 or if Customer has violated any other
term of this Agreement. Such request must be sent to Parent in the manner
prescribed by Parent.
(2) All bank charges applicable and a
reasonable processing fee will be deducted from this amount. All Refunds and
Reimbursements will take up to 14 Business Days from the date of receipt of the
request, to process.
(3) Parent will not be responsible
for any differences in the reimbursement amount due to Fluctuation in
International Currency rates. Parent will determine in its sole discretion
appropriate conversion rates for currency exchange
(4) Parent will not refund any amount
that has already been debited to the Customers Advance Account under any
circumstances.
Domain Registration Agreement
This represents the Agreement between
yourself and us for domain registration.
This Domain Registration
Agreement (“Registration Agreement”) is between you, the person or entity
registering a domain or domains, and the Company (as defined below), as the
sponsoring registrar, or acting as reseller for the sponsoring registrar
identified in the WHOIS record which may be retrieved here
(https://www.internic.net/whois.html). For all customers, “Company”, ”we”, “us”
or “our” shall refer to Adhoc Infoway.
By using the Company’s domain registration services (the “Services”),
you agree to be bound by this Registration Agreement. Please read this
agreement carefully.
We may modify, add, or delete
portions of this Registration Agreement at any time. In such event, we will
post a notice that we have made significant changes to this Registration
Agreement on our website for at least 30 days after the changes are posted and
will indicate at the bottom of this Registration Agreement the date these terms
were last revised. Any revisions to this Registration Agreement will become
effective (i) 30 -days after the notice for modification, addition or deletion
has been posted or (ii) the first time you access or use the Services after
such changes. If you do not agree to abide by this Registration Agreement, you
are not authorized to use or access the Services.
You acknowledge and agree that the
Company may modify this Registration Agreement with or without notice in order
to comply with any terms and conditions set forth by Internet Corporation for
Assigned Names and Numbers (“ICANN”) and/or the applicable registry
administrators (“Registry Administrators”) for the top level domains (“TLD”) or
country code top level domains (“ccTLD”).
1. Our Services
Your domain registration will be
effective upon occurrence of all of the following:
a. You accept all terms and
conditions of this Registration Agreement and the the Company’s Terms of
Service and its ancillary documents;
b. The Company accepts (in its sole
discretion) your domain registration application;
c. The Company receives payment of
the registration, renewal and reinstatement fees, as applicable; and
d. The Company delivers the domain
registration information you provide to the registry administrator for the
applicable TLDs and the Registry Administrator puts into effect your domain
registration application.
2. Limitation of Liability
You understand that the Company does
not control all aspects of the domain registration process. For example, once
you submit a domain registration, the Company forwards the information contained
in the registration to the appropriate Registry Administrator for processing
and actual registration of the name. The Company disclaims, and you agree, that
the Company is not liable for any inaccuracies regarding the registration
information relating to (i) the input of the information by you; and (ii) the
input of the information by the Registry Administrator. The Company will not be
held liable, nor refund a domain name registration due to spelling
errors/typos.
3. Multiple Domain Registrations
The Company, in accordance with ICANN
policies, reserves the rights to refuse to register multiple domain
registrations.
4. Fees
a. Payment of fees as a condition to
domain registration. As consideration for the domain registration service
provided by the Company, you agree to pay the Company, prior to the
effectiveness of the desired domain registration, all registration and other
applicable fees as indicated via the payment method selected at the time of
registration. All fees are non-refundable, in whole or in part, even if your
domain registration is suspended, cancelled or transferred prior to the end of
your then-current registration term. It is the responsibility of the listed
registrant for the domain name to maintain records appropriate to document and
prove the initial domain name registration date.
b. Reservation of right to modify
fees. The Company reserves the right to modify fees, surcharges, and renewal
fees or to institute new fees at any time with 30 days’ notice, for any reason,
at its sole discretion.
c. Credit card charge-backs for
domain registrations. In the event of a charge-back to the Company by the
credit card company (or similar action by another payment provider used by us)
for the credit card used in connection with the payment of the registration or
other fee, you agree and acknowledge that the domain registration shall be
transferred to the Company, as the paying entity for that registration to the
registry(ies) and that we reserve all rights regarding such domain including,
without limitation, the right to make the domain available to other parties for
purchase. the Company also reserves the right to lock your account and the
remainder of your domains until we receive your payment of any administrative
fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate
your domain registration, subject to the Company’s receipt of the registration
fee and any administrative and/or chargeback fees described above.
d. Credit card charge-backs for
non-domain registration services. In the event of a charge-back by the credit
card company (or similar action by another payment provider) for the credit
card used in connection with the payment of a non-domain registration fee, you
agree and acknowledge that service shall not initiate or will be discontinued,
if previously in use, and any information maintained by the service may be
deleted along with your account and the remainder of your services being locked
until we receive your payment of any administrative fees and/or chargeback
fees. In the Company’s sole discretion, we may reinstate your services, subject
to the Company’s receipt of the non-domain registration fee and any
administrative and/or chargeback fees described above.
5. Required Domain Registration
Information
a. Registration information. As part
of the domain registration process and in accordance with ICANN policies, a
Registered Name Holder is required to submit, and update within seven (7) days
of any change, complete and accurate information, including the following
(collectively, the “Registration Information”):
* The domain registrant’s name and
postal address;
* The domain being requested;
* Administrative contact information,
including the name, postal address, email address, telephone number, and where
available, fax number of the administrative contact for the domain; and
* Technical contact information,
including the name, postal address, email address, telephone number, and where
available, fax number of the technical contact for the domain; and
* Billing contact information,
including the name, postal address, email address, voice telephone number, and
where available, fax number of the billing contact for the domain.
b. Additional registration
information. In addition, in accordance with ICANN policies, the Company is
obligated to submit and keep current, complete and accurate additional
information relating to a domain registration, which may include the following
(collectively, “Additional Registration Information”):
* The original creation date of the
domain registration;
* The submission date and time of the
registration to us and by us to the proper registry;
* Communications (electronic or paper
form) constituting registration orders, modifications, or terminations and
related correspondence between you and us;
* Account records for your domain
registration, including dates and amounts of all payments and refunds;
* The IP addresses of the primary
nameserver and any secondary nameservers for the domain;
* The corresponding names of those nameservers;
* The name, postal address, email
address, voice telephone number, and where available, fax number of the
technical contact for the domain;
* The name, postal address, email
address, voice telephone number, and where available, fax number of the
administrative contact for the domain;
* The expiration date of the
registration; and
* Information regarding all other
activity between you and us regarding your domain registration and related
services.
c. Use of Registration Information
and Additional Registration Information. You agree and acknowledge that the
Company will make available the Registration Information and the Additional
Registration Information to ICANN; to other third party Registry Administrators
such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA,
Inc., Global Domains International; and as applicable laws may require or
permit. Additionally, you acknowledge and agree that ICANN and the Registry
Administrators may establish guidelines, limits and/or requirements that relate
to the amount and type of information that the Company may or must make
available to the public or to private entities, and the manner in which such
information is made available. Further, 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 (including any updates to such information), whether during or after the
term of your registration of the domain. Moreover, you hereby irrevocably waive
any and all claims and causes of action that may arise or have arose from such
disclosure or use of your Registration Information and the Additional
Registration Information.
d. Information updating and accuracy
obligations. As a condition to continued registration of your domain, you must
provide us with updated Registration Information within seven (7) days of any
changes to such information. You may review, modify or update your Registration
Information by accessing the Company’s domain manager service, domain
management console or similar service, made available at our website. In
accordance with ICANN policies, you acknowledge and agree that if you willfully
provide inaccurate information or fail to update your Registration Information
within seven (7) days of any change, then you will be in material breach of
this Registration Agreement and we may in our sole discretion cancel your
domain registration. You further agree that your failure to respond within ten
(10) days to any inquiry by the Company concerning the accuracy of the
Registration Information or to contact the Company immediately upon discovery
of any willful inaccuracy (including, e.g., phone number listed as 000-0000)
associated with your domain registration shall constitute a material breach of
this Registration Agreement and will be sufficient basis for cancellation of
your domain registration. You further represent that you have obtained consent
from any third-party individuals whose personal data you have provided as
Registration Information.
e. Information requirements for
renewals. Upon renewal of your domain 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 domain registration may not be renewed.
f. Ownership of data. You agree and
acknowledge that the Company owns all database, compilation, collective and
similar rights, title and interests worldwide in our domain database (“Domain
Database”), and all information and derivative works generated from such Domain
Database, which contains Registration Information and Additional Registration
Information. You further agree and acknowledge that the Company may use the
following information for those domain 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, email
address, voice telephone number, and where available fax number of the
technical contact, authorized contact, zone contact and billing contact for the
domain registration; (d) any remarks concerning the registered domain that
appear or should appear in the WHOIS or similar database; and (e) any other
information the Company generates or obtains in connection with the provision
of domain registration services, other than the domain being registered, the
Internet protocol (IP) addresses of the primary nameserver and any secondary
nameservers for the domain, and the corresponding names of those nameservers.
The Company does not have any ownership interest in your specific personal
registration information outside of its rights in its Domain Database. The
Company agrees to take reasonable precautions to protect your specific personal
registration information from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
g. Registrant Verification. You
understand and agree that Registrar is required to verify the Registered Name
Holder’s email address within 15 days of any registration, transfer, or change
to the Registered Name Holder’s contact information. The Domain Name Holder’s
failure to verify the contact information within 15 days constitutes a material
breach of this Registration Agreement and will result in the immediate
suspension of the domain name(s) and associated service(s).
In addition, you understand and agree
that Registrar is required to verify any changes to any WHOIS contact
information within 15 days of any change. The Domain Name Holder’s failure to
verify such changes within 15 days constitutes a material breach of this
Registration Agreement and will result in the immediate suspension of the
domain name(s) and associated service(s).
6. Domain Privacy Service
a. If you purchased domain privacy
services (“Domain Privacy”), you agree that your Registration Information will
be replaced in any public WHOIS search with information provided by the Company
as determined in its sole discretion (the “Private WHOIS Contact Information”).
b. Although the Private WHOIS Contact
Information will appear in any public WHOIS search result, you are solely
responsible for resolving any and all monetary, creditor, or other claims that
arise in connection with a legal or other dispute involving your domain name
registration. Use of the Domain Privacy service in no way alleviates your
obligation to provide valid and accurate Registration Information and to update
and correct such information pursuant to the terms of this Registration
Agreement.
c. The Domain Privacy service is NOT
a general mail forwarding service. You agree that you will not provide any
third party with the Private WHOIS Contact Information for the purpose of
having such third party transmit communications to you. The Company may immediately
terminate the Domain Privacy service and, at its sole option, disclose the
Registration Information in the event that you breach this Agreement.
d. Notwithstanding anything to the
contrary, you agree that the Company may, but is not obligated to, review and
forward communications in connection with your domain name that it receives.
You hereby authorize the Company to receive, sort, open, forward, and destroy
any and all mail sent to our address at our sole discretion. You specifically
acknowledge that the Company is not obligated but may forward to you certified
or traceable courier mail (such as UPS or Federal Express deliveries), legal
notices, or first class U.S. postal mail; however, the Company will NOT forward
“junk” mail or other unsolicited communications (whether delivered through fax,
postal mail, or telephone), and you further authorize the Company to either
discard all such communications or return all such communications to the
sender. You agree that: (i) postal mail may be forwarded via regular mail
forwarding or scanned and emailed electronically to the email address listed in
the Registration Information; (ii) emails will be forwarded to the email
address listed in the Registration Information; and (iii) callers will be
directed to use the mailing or email address listed on the Private WHOIS
Contact Information and we will forward such mail or email pursuant to the
terms of this section; we will not relay phone messages to you. You agree to
waive any and all claims arising from your failure to receive communications
directed to your domain name but not forwarded or referred to you by the
Company.
e. If any domain name for which you
are using the Domain Privacy service is transferred to another registrar,
Domain Privacy will automatically cease and no refund will be given for any
unused portion of the service.
f. Failure to renew the Domain
Privacy service while your domain name registration is still valid will result
in the Domain Privacy being suspended, terminated or cancelled and your
Registration Information will be displayed in any public WHOIS search. Domain
Privacy renewals after initial purchase will be at the standard list price,
which is available by logging in to your account.
g. The Company expressly reserves the
right, in its sole discretion and without any liability to you whatsoever, to
suspend or cancel your use of the Service and/or reveal the Registration
Information in any public WHOIS search or to any third party at any time
without notice to you:
* To comply with any applicable laws,
rules, regulations or requirements, or with any subpoenas, court orders,
official government inquiries or requests of law enforcement;
* To comply with ICANN’s Uniform
Domain Name Dispute Resolution Policy (http://www.icann.org/en/help/dndr/udrp);
* To resolve any and all third-party
claims, whether threatened or made, arising out of your use of the Domain
Privacy service, including without limitation, to avoid a dispute of any claim
that the registered domain name violates or infringes a third party’s
trademark, trade name, or other legal rights;
* In the event you breach any
provision of this Registration Agreement or any other agreement you’ve entered
into with the Company, including, but not limited to, the Terms of Service;
* To comply with the rules,
procedures, or practices of the registry that governs the domain name extension
receiving the Domain Privacy service and to protect the integrity and stability
of the applicable domain name registry;
* To avoid any financial loss or legal
liability (civil or criminal) on the part of the Company, its parent companies,
subsidiaries, affiliates, shareholders, agents, officers, directors, or
employees;
* To prevent inappropriate activity
that comes to the Company’s attention, including without limitation if you are
using Domain Privacy to hide your involvement in illegal or morally
objectionable activities, including without limitation, activities that are
intended to or otherwise: (i) appeal purely to the prurient interests of third
parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third
parties; (iii) violate state or federal laws of the United States and/or
foreign territories; (iv) involve hate crimes, terrorism, or child pornography;
(v) are tortious, vulgar, obscene, invasive of a third party’s privacy,
racially, ethnically, or otherwise objectionable; (vi) impersonate the identity
of a third party; (vii) harm minors in any way; or (viii) relate to or transmit
viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any
other code, routine, mechanism, device or item that corrupts, damages, impairs,
interferes with, intercepts or misappropriates any software, hardware,
firmware, network, system, data, or personally identifiable information.
h. Pursuant to paragraph 3.7.7.3
(http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#raa)
of ICANN’s Registrar Accreditation Agreement (“RAA”), you agree that if you
license use of a Registered Name (as that term is defined in the RAA) to a third
party, you are nonetheless the Registered Name Holder of record (as that term
is defined in the RAA) and are responsible for providing the 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 Registered Name. A Registered
Name Holder licensing use of a Registered Name according to this provision
shall accept liability for any harm caused by wrongful use of the Registered
Name, unless the Registered Name Holder discloses the current contact
information provided by the licensee and the identity of the licensee within
seven (7) days to a party that provides the Registered Name Holder reasonable
evidence of actionable harm.
7. Domain Parking
a. Upon registration, the domain will
be automatically placed on name servers provided by the Company, and Internet
users that type in the domain will be redirected to a “coming soon” page
(collectively, “parking a domain” or a “parked domain”). There is no charge for
parking a domain. You hereby consent to and authorize the Company’s placement
of a “coming soon” page, and its associated contents, on your parked domain.
You may change the name server configuration (or “un-park” the domain) after
the registration is complete. If you need to register name servers using the
domains that you are currently registering, the names will initially be parked
with the Company until you modify the name servers after the domain registration
is complete, using your account manager.
b. In the event your domain
registration expires, your registration is no longer valid. If you are able to
renew the domain name, you may update the domain to its original settings.
After expiration, but prior to renewal, the domain may be pointed to an
“expired” page (collectively, “parking a domain” or a “parked domain”). There
is no charge for the parked domain. By not renewing the domain, the Company may
place an “expired” page, and its associated contents, on the parked domain. You
may change the name server configuration (or “un-park” the domain) after the
renewal is complete. If you need to register name servers using the domains
that you are currently renewing, the names will initially be parked with the
Company until you modify the name servers after the domain renewal is complete,
using your account manager.
c. The “coming soon” and/or “expired”
pages may contain advertisements and other materials selected by the Company,
in the Company’s sole discretion. This may include, but is not limited to
third-party websites, third-party product and service offerings, and/or
Internet search engines. The Company reserves the right to collect and retain
all revenue obtained from such advertising and other materials.
d. DNS Wildcard. In the event you
utilize the Company’s DNS management services and fail to configure a wildcard
DNS for your domain, the Company may insert wildcard DNS records to resolve
subdomains of your domain that would not otherwise resolve. The Company may
point those subdomains to a web page that may contain advertisements and other
materials selected by the Company in the Company’s sole discretion. This may
include, but is not limited to, third-party websites, third-party product and
service offerings, and/or Internet search engines.
8. Registration Renewal
a. Renewal obligations. You are
solely responsible for ensuring that any and all domains and additional
services are renewed prior to their expiration, should you so desire their
renewal. You may renew your domain at any time before the expiration date. the
Company shall have no liability to you or any third party in connection with
the renewal, including, but not limited to, any failure or errors in renewing
the services.
b. You may be notified at the
Company’s sole discretion when renewal fees are due. Should these fees go
unpaid within the time specified in a notice or reminder regarding renewal,
your registration will be cancelled. Payment must be made by such other method
as we indicate in the renewal form. If your billing information is not
accurate, you are solely responsible for the failure to renew.
c. Autorenewal. You agree that if you
paid for any services provided hereunder by credit card or other payment
service (such as PayPal), you hereby authorize but do NOT obligate, the Company
to automatically charge your credit card or payment service account and renew
the applicable service(s) on or before their renewal date using the credit card
or other acceptable payment information you have provided to the Company,
unless you notify the Company that you do not wish to participate in the
Company’s automatic renewal process. The Company must receive notification of
your intent to not renew (opt-out) no later than sixteen (16) days prior to the
renewal date. In the absence of such notification from you, the Company will
automatically renew, for a period of one (1) or two (2) years, as set forth by
the applicable registry depending on the TLD or ccTLD of your domain name, any
domain that is up for renewal and will charge the credit card or payment
service account you have on file with the Company, at the Company’s then
current rates. You are solely responsible for the credit card or other payment
information you provide to the Company and must promptly inform the Company of
any changes thereto (e.g., change of expiration date or account number). If the
credit card or payment service account has expired or is otherwise invalid, you
are solely responsible for a failure to renew and the Company shall not be
liable for your failure.
d. Expired domain names. You agree
that we may place our contact information in the WHOIS output for any expired
domain name, as the failure to renew results in the immediate cancellation of
registration and loss of all rights to the domain name. Should you choose not
to renew your domain name, you agree that we may, in our sole discretion, renew
and transfer the domain name to a third party on your behalf as an Expired
Domain Transfer (“ED Transfer”).
e. New customers through domain
auction or brokerage partners and/or ED Transfers. If you are registering a
domain name that was registered with, and not yet deleted by, the Company at
the time of your purchase, you acknowledge and agree that the term of your
registration will be for a period of one year from the original expiration date
for the domain name immediately prior to your purchase, as the registration is
the result of an ED Transfer (defined above). You will not be compensated for
the inability to use the domain from the time it was expired until the time you
are able to use the domain in your account. NOTE: You may not transfer your
domain name to another Registrar for sixty (60) days from the date of any
previous transfer.
9. Domain Dispute Resolution Policy
You agree to be bound by the
appropriate domain dispute resolution policy (“Dispute Policy”) applicable to
the domain that you have selected, including the Uniform Domain Name Dispute
Resolution Policy, which can be found here. The Dispute Policy has been
developed by ICANN and/or the specific Registration Administrator(s) and is
incorporated by reference in this Registration Agreement. Certain disputes are
subject to the applicable Dispute Policy. In the event such dispute arises, you
agree that you will be subject to the provisions specified in the applicable
Dispute Policy in effect at the time your domain registration is disputed by a
third party. You further agree that, in the event a domain dispute arises with
any third party, you will indemnify and hold the Company harmless pursuant to
the terms and conditions contained in the applicable Dispute Policy. The
Dispute Policy may be modified at any time by ICANN or the applicable Registry
Administrator, and your continued use of the domain registered to you after any
such Dispute Policy modification shall constitute your acceptance of the
modified Dispute Policy and this Registration Agreement. If you do not agree to
any of such changes, you may request that your domain registration be cancelled
or transferred to a different domain registrar. For the adjudication of
disputes concerning or arising from use of the second level domain (“SLD”)
name, the SLD holder shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD
holder’s domicile and (2) where registrar is located. In addition, you agree to
the rules of ICANN’s Uniform Rapid Suspension (“URS”)
(http://newgtlds.icann.org/en/applicants/urs) and to submit to any proceedings
commenced pursuant to the URS, if applicable.
10. Change of Registrant Of Domains
a. Change of Registrant. Effective
December 1, 2016, for all gTLDs, any material changes to a domain name
registrant’s name, company, email address, or to the administrative contact email
address (if there is no registrant email address) are subject to ICANN’s
Transfer Policy (available at
https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
b. We are required to deny a change
of registrant for any of the following reasons:
* the domain name registration
agreement has expired and the registrant no longer has the right to renew the
domain name or to transfer the domain name to another registrar;
* the change of registrant was not
properly authorized by the Prior Registrant and the New Registrant; or
* the domain name is subject to a
domain name dispute proceeding, including, but not limited to, the following:
- Uniform Domain-Name
Dispute-Resolution Policy (UDRP)
(https://www.icann.org/resources/pages/help/dndr/udrp-en);
- Uniform Rapid Suspension (URS)
(https://www.icann.org/resources/pages/urs-2014-01-09-en);
- Registrar Transfer Dispute
Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
- a court order.
* Unless a change of registrant is otherwise
prohibited, the Prior Registrant and the New Registrant, or their Designated
Agents, must confirm the change of registrant within 60 days of the request.
* Unless you opt out of the transfer
lock when you request a change of registrant, you may not transfer your domain
registration to another domain registrar for sixty (60) days following the
change of registrant.
c. Designated Agent. You hereby
explicitly authorize us to act as “Designated Agent” to approve a change of
registrant on behalf of the Prior Registrant and the New Registrant, consistent
with and pursuant to the requirements of ICANN’s Transfer Policy.
d. Transfer of registration to
another registrant. The entity or person named as the “registrant” at the time
the controlling user name and password are secured shall be the registrant of
the domain. You agree that prior to the effectiveness of any transfer of
ownership of your domain to another entity, the Company reserves the right to
enforce any amount published for the transfer of ownership of a domain. You
further agree that, as a condition of any such transfer of ownership of the
domain, the party to which you seek to transfer your domain shall agree in
writing (electronic acceptance is acceptable) to be bound by the terms and conditions
of this Registration Agreement. Your domain will not be transferred until we
receive such written assurances (or reasonable assurance as determined by the
Company in its sole discretion) and actual payment of the transfer fee, if any
is imposed. You acknowledge and agree that if you attempt to transfer your
domain registration without paying the Company the amount published for the
transfer of ownership of a domain, or if the entity to which you seek to
transfer your domain fails to agree in writing to be bound by all terms and
conditions of this Registration Agreement, any such transfer will be null and
void, and will result in your domain registration being revoked without a
refund of any charges you have incurred in attempting to register or transfer
that domain.
e. When changing the name of
registrant within the Company, you agree that at the Company’s discretion, the
domain name may be changed back to the registrant listed immediately prior to
the change upon written (email is acceptable) request within five (5) days (or
such reasonable time as determined at the Company’s discretion) by registrant
that was listed immediately prior to change or in the event of suspected fraud
in connection with the change of the registrant name as determined by the Company
in its sole discretion.
f. Transfer of registration to or
from another registrar. When transferring a domain name into the Company as the
new registrar of record and simultaneously changing the name of registrant or
subsequently changing the name of registrant, you agree that the domain name
may be re-transferred back to the losing registrar upon written (email is
acceptable) request by registrant that was listed immediately prior to transfer
or upon request by losing registrar or in the event of suspected fraud in
connection with the transfer as determined by the Company in its sole
discretion. At the time of transfer into the Company, you must complete all
required information requested through the online transfer application, i.e.,
contact information, nameserver information, etc. the Company may elect to
accept or reject your domain name transfer application for any reason at its
sole discretion. You are not entitled to any refund in relation to the domain
name transferred to another registrar.
g. RESTRICTIONS ON REGISTRAR
TRANSFERS. For generic top-level domains governed by ICANN, you agree that you
may not transfer your domain registration to another domain registrar during
the first sixty (60) days from the effective date of your: (1) initial domain
registration or (2) completion of a domain transfer into the Company. If you
choose to utilize our transfer lock service, you agree to provide written
authorization (electronic acceptance is acceptable) to the Company for the
transfer of the domain to another registrar and agree to pay any and all fees
that may be charged by the Company to effect the transfer. You agree your
request to transfer your domain to another registrar may be denied pursuant to
the Transfer Policy (available here - https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
h. For country-code top-level
domains, as established by each registry, you agree that you may not transfer a
domain to another registrar during the first sixty (60) days of the initial
registration or after expiration of the domain. You agree your request to
transfer your domain to another registrar may be denied pursuant to the
Transfer Policy (available here).
11. Agents and Licensing
You agree that, if you are
registering a domain and listing someone other than yourself as the registrant,
you represent and warrant that you have the authority to bind the person or
entity listed as registrant as a principal to this Registration Agreement,
including the applicable Dispute Policy. The name listed as registrant of the
domain or the appropriate officer of a listed Organization (at the Company’s
discretion) may individually choose to move the domain into another account for
full access to the domain, irrespective of wishes of agent/account owner/other
listed contacts on that particular domain (e.g. admin, billing). Further, you
agree that if you license the use of the domain registered to you to a third
party, you nonetheless remain the domain holder of record, and remain
responsible for strict compliance with this Registration Agreement, including
but not limited to payment obligations, and providing (and updating, as
necessary) accurate Registration Information and Additional Registration
Information. Further, you accept liability for any actions of the licensee
using the domain unless you promptly disclose the current contact information
provided to you by the licensee and the identity of the licensee to any party
providing reasonable evidence of actual harm.
12. Representations and Warranties
In the event that, in registering the
domain, you are providing information related to a third party, you hereby
represent and warrant 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
Registration 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 Registration Agreement. You further represent that, to the best
of your knowledge and belief, neither the registration of the domain 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 registration is accurate.
13. Indemnification
a. Indemnification of the Company.
You will indemnify, hold harmless, and defend the Company and its subsidiary
and parent entities, predecessors, successors, affiliates, and assigns, the
Registry Administrators, and all of their respective current and former
officers, directors, members, shareholders, agents, and employees (the
“Indemnified Parties”) from any and all Claims. “Claim” means any action, cause
of action, suit, proceeding, claim, or demand of any third party (and all
resulting judgments, bona fide settlements, penalties, damages, losses,
liabilities, costs, and expenses (including without limitation reasonable
attorneys’ fees and costs)), which arises out of: (a) your breach of this
Registration Agreement or any of the Company’s policies applicable to this
domain registration or related services, (b) the operation of your domain, (c)
any negligent act or omission by you, or (d) any third party claim, action, or
demand related to the registration or use of the domain registered in your name
(and this indemnification is in addition to any indemnification required under
the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this
Section 13 includes without limitation fees and costs incurred to interpret or
enforce this Section 13. the Company may, at its expense, employ separate
counsel to monitor and participate in the defense of any Claim. The Company
will provide you with reasonably prompt notice of any Claim.
b. Indemnification of ICANN and
Registry Operators. You agree to indemnify, defend, and hold harmless ICANN,
Registry Operator(s) (including but not limited to VeriSign, Inc., Public
Interest Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.)
and their respective subcontractors, shareholders, directors, officers,
employees, affiliates and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable attorneys’ fees and costs
and any other expenses arising out of or related to your domain registration
and any disputes regarding same. Some Registry Operators may not allow this
indemnification provision to apply, as contained herein; in such cases, this
provision is in effect to the full extent permitted by law as applicable to
such Registry Operator.
c. These indemnification obligations
shall survive the termination or expiration of this Registration Agreement.
14. Warranty Disclaimer; Limitation
of Liability
a. Disclaimer of warranty. THE
COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS
SERVICES, INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY
LIMITATION TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS
REGISTRATION AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
b. Limitation of liability. YOU AGREE
THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF
THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A)
SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR
DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE
SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE
(DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS
BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S
OR ANY OF SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF
YOUR DOMAIN APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES
PROVIDED; OR (I) APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE
INDEMNIFIED PARTIES 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 THE COMPANY OR ANY OF SUCH INDEMNIFIED
PARTIES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
THE COMPANY’S OR ANY OF SUCH INDEMNIFIED PARTIES’ MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT
ISSUE FOR THE THEN-CURRENT PERIOD OF REGISTRATION.
15. Term and Termination
a. Term. The term of this
Registration Agreement commences on the day you accept this Registration
Agreement to the day until the occurrence of any of the following: (a) your
domain registration is cancelled; (b) your domain is transferred to a third
party; or (c) your domain expires or is terminated (in accordance with Section
15.c, below) (collectively, “Termination”). Your obligation to pay any fees or
other amounts under this Agreement which arose prior to expiration or other
termination of this Registration Agreement shall survive any such expiration or
termination.
b. Domain suspension, cancellation or
transfer. You acknowledge and agree that your domain registration is subject to
suspension, cancellation or transfer (cancellation or transfer collectively
referred to as, “Cancellation”) (a) to correct mistakes by the Company, another
registrar, or a Registry Administrator in administering the domain name or (b)
for the resolution of disputes concerning the domain pursuant to an ICANN
policy or procedure. It is your responsibility to verify if any domain is
infringing anyone else’s rights, prior to registration. If the domain name you
have registered is found to be infringing on another person’s rights, determined
in the Company’s discretion, the Company has the right to cancel your
registration immediately. If you are in willful violation of our agreement, you
will not be entitled to any refund. You also agree that the Company shall have
the right in its sole discretion to suspend, cancel, transfer or otherwise
modify a domain registration upon up to seven (7) calendar days prior notice or
after such time as the Company receives a properly authenticated order from a
court of competent jurisdiction, or arbitration award, requiring the
suspension, cancellation, transfer or modification of the domain registration.
c. Termination. The Company reserves
the right to suspend, cancel, transfer or modify your domain registration if:
(a) you materially breach this Registration Agreement (including the Dispute
Policy) and do not cure such breach within ten (10) days of notice by the
Company; (b) you use the domain to send unsolicited email, in violation of this
Registration Agreement or applicable laws; (c) you use your domain in
connection with unlawful activity; or (d) you otherwise violate this
Registration Agreement as determined by the Company in its sole discretion. WE
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION
OF YOUR RIGHTS TO THE DOMAIN NAME.
d. Survival. The following provisions
will survive Termination or Cancellation of this Registration Agreement:
Sections 2, 9, 12, 13, 14, 15 and 16.
16. Additional Terms
a. Personal Data. The Company
incorporates its Privacy Policy by reference. Please read our Privacy Policy by
clicking here. In addition, you hereby represent that you have provided the
Company’s Privacy Policy to any person whose personal data you disclose to the
Company and that you have obtained their consent to the foregoing.
b. Governing law; jurisdiction.
Except as otherwise set forth in the Dispute Policy with respect to disputes,
this Registration Agreement, your rights and obligations and all actions
contemplated by this Registration Agreement shall be governed by as follows.
Unless you are in India, any controversy or claim arising out of or relating to
this Agreement, the formation of this Agreement or the breach of this
Agreement, including any claim based upon an alleged tort, shall be governed by
the substantive laws of the Commonwealth of Massachusetts. If you are in India,
any controversy or claim arising out of or relating to this Agreement, the
formation of this Agreement or the breach of this Agreement, including any
claim based upon an alleged tort, shall be governed by the substantive laws of
Adhoc Infoway country.
Notwithstanding the foregoing, the
United Nations Convention on Contracts for the International Sale of Goods does
not apply to this Agreement.
c. Arbitration. Your use of the
Services is also governed by the following:
* Informal Process First. You agree
that in the event of any dispute between you and Adhoc Infoway, you will first
contact us and make a good faith sustained effort to resolve the dispute before
resorting to arbitration under these Terms.
* Binding Arbitration. Any dispute or
claim that remains unresolved after the informal dispute resolution described
in Section 1 except for disputes relating to the infringement of our
intellectual property rights or the access or use of the Service in violation
of these Terms (a “Claim”) or Claims seeking more than $10,000 in damages, will
be resolved by binding arbitration, rather than in court, provided that you may
assert Claims in small claims court located in Suffolk County, Massachusetts if
your Claims qualify
* No Judge or Jury. There is no judge
or jury in arbitration, and court review of an arbitration award is limited.
However, an arbitrator can award on an individual basis the same damages and
relief as a court (including injunctive and declaratory relief or statutory
damages), and must follow these Terms as a court would
* Arbitrator and Rules. The
arbitration will be conducted before a neutral single arbitrator, whose
decision will be final and binding, and the arbitral proceedings will be
governed by the AAA Commercial Arbitration Rules, Consumer Due Process
Protocol, and Supplementary Procedures for Resolution of Consumer Related
Disputes. These rules can be found on the AAA website at www.adr.org. In the
event of a conflict between the commercial arbitration rules and this
Arbitration Agreement, this agreement shall control, and the parties shall
designate another arbitrator.
* Starting an Arbitration. A party
who intends to seek arbitration must first send written notice to Adhoc
Infoway’s Legal Department of its intent to arbitrate (“Notice”). The Notice to
Adhoc Infoway should be sent by any of the following means:(i) electronic mail;
or (ii) sending the Notice by U.S. Postal Service certified mail to Adhoc
Infoway.
The Notice must (x) describe the
nature and basis of the claim or dispute; and (y) set forth the specific relief
sought. If we do not reach an agreement to resolve the claim within thirty (30)
days after the Notice is received, you or Adhoc Infoway may commence an
arbitration proceeding.
* Format of Proceedings. The
arbitration will be conducted, at the option of the party seeking relief, by
telephone, online, or based solely on written submissions.
* Fees. If you initiate arbitration,
your arbitration fees will be limited to the filing fee set forth in the AAA’s
Consumer Arbitration Rules. Unless the arbitrator finds the arbitration was
frivolous or brought for an improper purpose, we will pay all other AAA and
arbitrator’s fees and expenses. Any fees greater than the filing fees of the
small claims court in your home jurisdiction will be paid by Adhoc Infoway.
* Individual Basis; Jury Trial
Waiver. To the fullest extent permitted by applicable law, you and Adhoc
Infoway each agree that any proceeding to resolve a Claim will be conducted
only in the respective party’s individual capacity and not as a plaintiff or
class member in any purported class, consolidated, multiple plaintiff or
representative action (“Class Action”). If for any reason a Claim proceeds in
court rather than in arbitration, you and Adhoc Infoway each waive any right to
a jury trial. You and Adhoc Infoway expressly waive any ability to maintain any
Class Action in any forum. If the Claim is subject to arbitration, the
arbitrator will not have authority to combine or aggregate similar claims or
conduct any Class Action nor make an award to any person or entity not a party
to the arbitration. Any claim that all or part of this Class Action Waiver is
unenforceable, unconscionable, void, or voidable may be determined only by a
court of competent jurisdiction and not by an arbitrator. Further, you agree
that the arbitrator may not consolidate proceedings or more than one person’s
claims, and may not otherwise preside over any form of a representative or
class proceeding, and that if this specific proviso is found to be
unenforceable, then the entirety of this arbitration clause shall be null and
void. The arbitrator may award injunctive relief only in favor of the
individual party seeking relief and only to the extent necessary to provide
relief warranted by that party’s individual claim.
* Enforcement. Any judgment on the
award rendered by the arbitrator may be entered in any court of competent
jurisdiction. The United Nations Conventions on Contracts for the International
Sale of Goods will have no applicability.
* Invalidity. If a court of competent
jurisdiction finds the foregoing arbitration provisions invalid or
inapplicable, you and Adhoc Infoway each agree to the exclusive jurisdiction of
the Federal and State courts located in Boston, Massachusetts, and you and
Adhoc Infoway each agree to submit to the exercise of personal jurisdiction of
such courts for the purposes of litigating any applicable dispute or claim.
* Opting Out. If you do not want to
arbitrate disputes with us and you are an individual, you may opt out of this
arbitration agreement by sending an email to legal@Adhoc Infoway-inc.com within
thirty (30) days of the first of the date you access or use the Service.
* Confidentiality. The parties shall
maintain the confidential nature of the arbitration proceeding and any award,
including the hearing, except as may be necessary to prepare for or conduct the
arbitration hearing on the merits, or except as may be necessary in connection
with a court application for a preliminary remedy, a judicial challenge to an
award or its enforcement, or unless otherwise required by law or judicial
decision.
d. Notices. You agree that any
notices required to be given under this Registration Agreement by the Company
to you will be deemed to have been given if delivered in accordance with the
contact information you have provided.
e. Relationship. The Company and you
are independent contractors and nothing contained in this Registration Agreement
places the Company and you in the relationship of principal and agent, partners
or joint venturers. Neither party has, expressly or by implication, or may
represent itself as having, any authority to make contracts or enter into any
agreements in the name of the other party, or to obligate or bind the other
party in any manner whatsoever.
f. Waiver. No failure or delay by any
party hereto to exercise any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy
by any party preclude any other or further exercise thereof or the exercise of
any other right or remedy. No express waiver or assent by any party hereto to
any breach of or default in any term or condition of this Registration Agreement
shall constitute a waiver of or an assent to any succeeding breach of or
default in the same or any other term or condition hereof.
g. Severability. If any provision or
portion of any provision of this Registration Agreement shall be held to be illegal,
invalid or unenforceable by a court of competent jurisdiction, it is the
intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and
all such remaining provisions or portions thereof shall remain in full force
and effect.
h. Assignment. You may not assign or
transfer this Registration Agreement or any of your rights or obligations
hereunder, without the prior written consent of the Company and/or without using
the Company’s domain transfer process in compliance with ICANN’s policies. Any
attempted assignment in violation of the foregoing provision shall be null and
void and of no force or effect whatsoever. The Company may assign its rights
and obligations under this Registration Agreement, and may engage
subcontractors or agents in performing its duties and exercising its rights
hereunder, without your consent. This Registration Agreement shall be binding
upon and shall inure to the benefit of the parties hereto and their respective
successors and permitted assigns. You agree that the Company may transfer your
domain name from one accredited registrar to another accredited registrar
without requiring your consent, to the extent not prohibited by ICANN or applicable
registry rules or by applicable law.
i. Intellectual property. Except for
your Content (as defined above), all content available through the Services,
including designs, text, graphics, images, video, information, software, audio
and other files, and their selection and arrangement, and all software used to
provide the Services (collectively, “Company Content”), are the proprietary
property of the Company. No Company Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, sold or exploited for any purposes in any form or by any
means, in whole or in part, other than as expressly permitted in this
Registration Agreement. You may not, directly or indirectly, reverse engineer, decompile,
disassemble or otherwise attempt to derive source code or other trade secrets
from any Company Content. Any use of the Company Content other than as
specifically authorized herein is prohibited and will automatically terminate
your rights with respect to use of the services and the Company Content granted
herein. All rights of the Company or its licensors that are not expressly
granted in this Registration Agreement are reserved to the Company and its
licensors.
j. Entire agreement. This Registration
Agreement, and the attachments and documents referenced herein, including but
not limited to the applicable Dispute Policy (as modified from time to time),
constitute the complete and exclusive agreement between you and the Company,
and supersede and govern all prior proposals, agreements, or other
communications with respect to the subject matter hereof.
APPENDIX 'A'
TERMS AND CONDITIONS OF ORDERBOX
USAGE
This Appendix A covers the terms of
access to the OrderBox. Any violation of these terms will constitute a breach
of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and
UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users' access to the
OrderBox in the event of significant degradation of the OrderBox, or at any
time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and
UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to
time.
(3) Access to the OrderBox is
controlled by authentication information provided by Registrar. Registrar is
not responsible for any action in the OrderBox that takes place using this
authentication information whether authorized or not.
(4) Registrar is not responsible for
any action in the OrderBox by a OrderBox User.
(5) OrderBox User will not attempt to
hack, crack, gain unauthorized access, misuse or engage in any practice that
may hamper operations of the OrderBox including, without Limitation temporary /
permanent slow down of the OrderBox, damage to data, software, operating
system, applications, hardware components, network connectivity or any other
hardware / software that constitute the OrderBox and architecture needed to
continue operation thereof.
(6) OrderBox User will not send or
cause the sending of repeated unreasonable network requests to the OrderBox or
establish repeated unreasonable connections to the OrderBox. Registrar will in
its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a
reasonable number of requests or connections.
(7) OrderBox User will take
reasonable measures and precautions to ensure secrecy of authentication
information.
(8) OrderBox User will take
reasonable precautions to protect OrderBox Data from misuse, unauthorized
access or disclosure, alteration, or destruction.
(9) Registrar shall not be
responsible for damage caused due to the compromise of your Authentication
information in any manner OR any authorized/unauthorized use of the
Authentication Information.
(10) Registrar shall not be liable
for any damages due to downtime or interruption of OrderBox for any duration
and any cause whatsoever.
(11) Registrar shall have the right
to temporarily or permanently suspend access of a OrderBox User to the OrderBox
if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of
the access to the OrderBox, or learns of any possible misuse that has occurred,
or will occur with respect to a OrderBox User.
(12) Registrar and Service Providers
reserve the right to, in their sole discretion, reject any request, network
connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of usage of OrderBox
(1) Registrant, or its contractors,
employees, directors, officers, representatives, agents and affiliates and
OrderBox Users, either directly or indirectly, shall not use or permit use of
the OrderBox, directly or indirectly, in violation of any federal, state or
local rule, regulation or law, or for any unlawful purpose, or to promote
adult-oriented or "offensive" material, or related to any unsolicited
bulk e-mail directly or indirectly (such as by referencing an OrderBox provided
service within a spam email or as a reply back address), or related to ANY
unsolicited marketing efforts offline or online, directly or indirectly, or in
a manner injurious to Registrar, Registry Operator, Service Providers or their
Resellers, Customers, or their reputation, including but not limited to the
following:
(1) Usenet spam (off-topic, bulk
posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single article or
substantially similar articles to an excessive number of newsgroups (i.e., more
than 2-3) or posting of articles which are off-topic (i.e., off-topic according
to the newsgroup charter or the article provokes complaints from the readers of
the newsgroup for being off-topic);
(3) sending unsolicited mass e-mails
(i.e., to more than 10 individuals, generally referred to as spamming) which
provokes complaints from any of the recipients; or engaging in spamming from
any provider;
(4) offering for sale or otherwise
enabling access to software products that facilitate the sending of unsolicited
e-mail or facilitate the assembling of multiple e-mail addresses
("spamware");
(5) advertising, transmitting,
linking to, or otherwise making available any software, program, product, or
service that is designed to violate these terms, including but not limited to
the facilitation of the means to spam, initiation of pinging, flooding,
mailbombing, denial of service attacks, and piracy of software;
(6) harassment of other individuals
utilizing the Internet after being asked to stop by those individuals, a court,
a law-enforcement agency and/or Registrar;
(7) impersonating another user or
entity or an existing company/user/service or otherwise falsifying one's
identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with
any other Internet service, or for the purpose of directing traffic of said
user or entity elsewhere;
(8) using OrderBox services to point to
or otherwise direct traffic to, directly or indirectly, any material that, in
the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail
harvesting, warez (or links to such material), is in violation of copyright
law, or contains material judged, in the sole opinion of Registrar, to be
threatening or obscene or inappropriate;
(9) using OrderBox directly or
indirectly for any of the below activities activities:
(1) transmitting Unsolicited
Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole
opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup
articles;
(5) Denial of Service attacks of any
kind;
(6) excessive use of any web service
obtained under this agreement beyond reasonable limits as determined by the
Registrar in its sole discretion;
(7) copyright or trademark
infringement;
(8) unlawful or illegal activities of
any kind;
(9) promoting net abuse in any manner
(providing software, tools or information which enables, facilitates or
otherwise supports net abuse);
(10) causing lossage or creating
service degradation for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion
will determine what constitutes as violation of appropriate usage including but
not limited to all of the above.
(3) Data in the OrderBox Database
cannot be used for any purpose other than those listed below, except if
explicit written permission has been obtained from Registrar:
(1) to perform services contemplated
under this agreement; and
(2) to communicate with Registrar on
any matter pertaining to Registrar or its services.
(4) data in the OrderBox Database
cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
ADDITIONAL REGISTRY REQUIREMENTS
Your electronic acceptance of this
Agreement signifies that you have read, understand, acknowledge and agree to be
bound by, which incorporates by reference, all agreements, guidelines,
policies, practices, procedures, registration requirements or operational
standards of the TLDs in which you register any domain.
APPENDIX 'B'
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG
domain name, the Registrant, must also agree to the following terms:
1. 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:
(1) full name of an authorized
contact person, company name, postal address, e-mail address, voice telephone
number, and fax number if available of the Registrant;
(2) the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the administrative
contact for the domain name;
(5) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing
contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part
of this Agreement by reference.
APPENDIX 'C'
.BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name,
the Registrant, must also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) 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:
(1) to exchange goods, services, or
property of any kind;
(2) in the ordinary course of trade
or business; or
(3) to facilitate:
(1) the exchange of goods, services,
information, or property of any kind; or
(2) the ordinary course of trade or
business.
(2) Registering a domain name solely
for the purposes of
(1) selling, trading or leasing the
domain name for compensation, or
(2) 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.
2. CERTIFICATION FOR .BIZ
REGISTRATIONS
(1) 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 exclusively for personal use or solely for the purposes of selling, trading
or leasing the domain name for compensation, or 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.
(2) The domain name Registrant has
the authority to enter into the registration agreement.
(3) The registered domain name is
reasonably related to the Registrant's business or intended commercial purpose
at the time of registration.
3. 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:
(1) full name of an authorized
contact person, company name, postal address, e-mail address, voice telephone
number, and fax number if available of the Registrant;
(2) the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing
contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute
policies in the following documents that are incorporated herein and made a
part of this Agreement by reference.
The Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition
Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html
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 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 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.
APPENDIX 'D'
.INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name,
the Registrant, must also agree to the following terms:
(1) Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out
at http://www.icann.org/udrp/udrp.htm 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
available at http://www.afilias.info. These policies are subject to
modification.
(2) 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:
(1) the ability or inability of a
registrant to obtain a Registered Name during these periods, and
(2) the results of any dispute over a
Sunrise Registration.
APPENDIX 'E'
.NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name,
or a .NAME Email Forward, the Registrant, must also agree to the following
terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward
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.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email
Forward Registrant, you hereby certify to the best of your knowledge that the
SLD is your Personal Name.
3. 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 the information contained in the Whois directory, including:
(1) full name of an authorized
contact person, company name, postal address, e-mail address, voice telephone
number, and fax number if available of the Registrant;
(2) the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the technical
contact for the domain name;
(4) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing
contact for the domain name; and
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.
4. DISPUTE POLICY
You agree to be bound by the dispute
policies in the following documents that are incorporated herein and made a
part of this Agreement by reference:
(1) the Eligibility Requirements (the
"Eligibility Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements
Dispute Resolution Policy (the "ERDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
(3) 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:
(1) the Personal Name of an
individual;
(2) the Personal Name of a fictional
character, if you have trademark or service mark rights in that character's
Personal Name;
(3) 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:
(1) registered domain names and SLD
email address registrations within .NAME on the grounds that a Registrant does
not meet the Eligibility Requirements, and
(2) 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.
5. .NAME EMAIL FORWARD ADDITIONAL
CONDITIONS
If the Order is a .NAME email
forward, the Registrant, must also agree to the following additional terms and
conditions:
(1) You acknowledge that you are
responsible for all use of Email Forwarding, including the content of messages
sent through Email Forwarding.
(2) You undertake to familiarize
yourself with the content of and to comply with the generally accepted rules
for Internet and email usage.
(3) Without prejudice to the
foregoing, you undertake not to use Email Forwarding:
(1) 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;
(2) 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;
(3) 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
(4) 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
(4) Users are not permitted to
provide false names or in any other way to pose as somebody else when using
Email Forwarding.
(5) 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.
(6) On discontinuing Email
Forwarding, Registry Operator is not obliged to store any contents or to
forward unsent email to you or a third party.
APPENDIX 'F'
.NAME DEFENSIVE REGISTRATIONS
SPECIFIC CONDITIONS
If the Order is a .NAME Defensive
Registration, the Registrant, must also agree to the following terms:
1. 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.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) 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.
(2) Phase II Defensive Registrants
may apply for a Defensive Registration for any string or combination of
strings.
(3) 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:
(1) There are two levels of Defensive
Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may
obtain identical or overlapping Defensive Registrations upon payment by each of
a separate registration fee;
(3) The Defensive Registrant must
provide the information requested in Section 3(i) below;
(4) A Defensive Registration will not
be granted if it conflicts with a then-existing Personal Name Registration or
other reserved word or string.
3. 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. 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.
In addition to the information
provided in subsection 1. 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.
4. DISPUTE POLICY
If you registered a Defensive
Registration, you agree that:
(1) the Defensive Registration will
be subject to challenge pursuant to the Eligibility Requirements Dispute
Resolution Policy ("ERDRP");
(2) if the Defensive Registration is
successfully challenged pursuant to the ERDRP, the Defensive Registrant will
pay the challenge fees; and
(3) if a challenge is successful,
then the Defensive Registration will be subject to the procedures described in
Section 2(h) of Appendix F 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;
(4) 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;
(5) 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.
5. 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.
APPENDIX 'G'
.US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .US domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) 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;
(2) you have the requisite power and
authority to enter into this Agreement and to perform the obligations
hereunder;
(3) you agree that failure to abide
by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the
domain (http://www.neustar.us/the-ustld-nexus-requirements/);
(4) you are of legal age to enter
into this Agreement;
(5) you agree to comply with all .
usTLD Administrator Reservation of Rights policy displayed at
http://www.neustar.us/ustld-administrator-reservation-of-rights/ and the Policy
Statement by usTLD Administrator displayed at
http://www.neustar.us/policy-statement-by-ustld-administrator/
(6) you agree to comply with the
usTLD Acceptable Use Policy displayed at
http://www.neustar.us/ustld-acceptable-use-policy/
(7) you agree to comply with all
Registry Operator policies regarding the use of proxy domain name
services. You further agree that if you
license the use of a domain name to a third party you are nonetheless the
Registered Name Holder and are responsible for providing your own full contact
information and for providing and updating accurate technical and
administrative contact information pursuant to the Registration Agreement and
that you shall accept liability for harm caused by wrongful use of the domain.
(8) you certify that the Registered
Name Holder meets the requirements set out in the usTLD Nexus Requirements
Policy (http://www.neustar.us/the-ustld-nexus-requirements/) and that the
Registered Name Holder is either:
(1) a citizen or permanent resident
of the United States of America or any of its possessions or territories, whose
primary place of domicile is in the United States of America or any of its
possessions; or
(2) a United States entity or
organization that is (i) incorporated within one of the fifty (50) U.S. states,
the District of Columbia, or any of the United States possessions or
territories or (ii) organized or otherwise constituted under the laws of a
state of the United States of America, the District of Columbia or any of its
possessions or territories (including a federal, state, or local government of
the United States, or a political subdivision thereof); or
(3) a foreign entity or organization
that has a bona fide presence in the United States
(9) you consent to the data
processing as required by the Whois Accuracy Program Specification
(http://www.neustar.us/data-accuracy/) and the .US Privacy Policy (http://www.neustar.us/us-privacy-statement-v-2/).
2. 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:
(1) full name of an authorized
contact person, company name, postal address, e-mail address, voice telephone
number, and fax number if available of the Registrant;
(2) the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the billing
contact for the domain name;
(6) 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.); and
3. 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.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings
under Domain Dispute policies set forth by Neustar. These policies are
available at http://www.neustar.us and are hereby incorporated and made an
integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR
TRANSFER
Your registration of the domain name
shall be subject to suspension, cancellation, or transfer:
(1) 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; or
(2) to correct mistakes by Registrar
or the usTLD Administrator in registering the name; or
(3) for the resolution of disputes
concerning the domain name.
APPENDIX 'H'
.IN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) 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, breaks any applicable laws or
regulations, including discrimination on the basis of race, language, sex or
religion, is used in bad faith or for any unlawful purpose;
(2) your registered domain name is not
contrary to public policy and the content of the website does not violate any
Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute
policies as decided by the .IN Registry and published at http://www.registry.in
that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'I'
.EU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) 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;
(2) you have the requisite power and authority
to enter into this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain
name as either:
(1) an undertaking having its
registered office, central administration or principal place of business within
the European Union Community; or
(2) an organisation established
within the EU Community without prejudice to the application of national law;
or
(3) a natural person resident within
the EU Community.
(4) you are of legal age to enter
into this Agreement; and
(5) you agree to comply with all
applicable laws, regulations and policies of the .EU Registry. The details of
the same can be obtained from http://www.eurid.eu/.
2. 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:
(1) the full name of the Registrant;
where no name of a company or organisation is specified, the individual
requesting registration of the Domain Name will be considered the Registrant;
if the name of the company or the organisation is specified, then the company
or organisation is considered the Registrant;
(2) address and country within the
European Union Community:
(1) where the registered office,
central administration or principal place of business of the undertaking of the
Registrant is located; or
(2) where the organisation of the
Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the
Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings
under Domain Dispute policies set forth by the EU Registry. These policies are
available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby
incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR
TRANSFER
Your registration of the domain name
shall be subject to suspension, cancellation, or transfer:
(1) pursuant to the rules set forth
by the EU Registry within the EU Regulation 874/2004 or any other policy listed
at http://www.eurid.eu/; or
(2) to correct mistakes by Registrar
or the EU Registry in registering the name; or
(3) for the resolution of disputes concerning
the domain name.
APPENDIX 'J'
PRIVACY PROTECTION SERVICE SPECIFIC
CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides
the contact details of the actual owner from appearing in the Whois Lookup
Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and
agrees that the contact information being displayed in the Whois of a privacy
protected Domain Order will be those designated by the Registrar, and
(1) any mail received via post at
this Address would be rejected;
(2) any telephone call received at
this Telephone Number, would be greeted with an electronic answering machine
requesting the caller to email the email address listed in the Whois of this
privacy protected domain name;
(3) the sender of any email to an
email address listed in the Whois of this privacy protected domain name, will
get an automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant, Administrative,
Billing or Technical Contact of a privacy protected domain name through an
online form. This message would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant, Administrative,
Billing or Technical Contact email address in the OrderBox Database.
(2) Registrant agrees that we can not
guarantee delivery of messages to either the Registrant, Administrative,
Billing, Technical Contact, or Customer of a privacy protected Order, and that
such message may not be delivered in time or at all, for any reason whatsoever.
Registrar and Service Providers disclaim any and all liability associated with
non-delivery of any messages relating to the Domain Order and this service.
(3) Registrant understands that the
Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy
Protection is enabled or not, Registrants are required to fulfill their
obligations of providing true and accurate contact information as detailed in
the Agreement.
(5) Registrant understands and acknowledges
that Registrar in its sole, unfettered discretion, can discontinue providing
Privacy Protection Services on the Order for any purpose, including but not
limited to:
(1) when required by a valid court
order;
(2) when required by the applicable
registry rules or policies;
(3) pursuant to any applicable laws,
government rules or requirements, requests of law enforcement agency;
(4) when the registrant fails to
renew the service;
(5) when required to respond to an
ICANN approved UDRP or URS service provider;
(6) when a domain name is suspended
for a violation of Registrar-Registrant agreement, Acceptable usage policy, or
other Terms of services applicable to the customer, domain name or whois
privacy service;
(7) for any other reason that Registrar
in its sole discretion deems appropriate to switch off the Privacy Protection
Services.
(6) Registrant understands and
acknowledges that Registrar in its sole, unfettered discretion, can DISCLOSE
the underlying registrant data to a requesting party in the following
circumstances:
(1) When required to comply with the
applicable registry rules or policies;
(2) When required to respond to a
valid subpoena or warrant;
(3) On receiving information request
from a Law Enforcement Agency or any Government body authorized to act on
behalf of the Law Enforcement Agency.
3. INDEMNITY
Registrant agrees to release, defend,
indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org,
and their parent companies, subsidiaries, affiliates, shareholders, agents,
directors, officers and employees, from and against any and all claims,
demands, liabilities, losses, damages or costs, including reasonable attorney's
fees, arising out of or related in any way to the Privacy Protection services
provided hereunder.
APPENDIX 'K'
.UK DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .UK domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that registering a
.UK domain name, involves you contracting with the Nominet which is the .UK
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.nominet.org.uk/go/terms.
(2) you agree to comply with all
applicable laws, regulations and policies of Nominet available on their website
at
http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
2. EXPIRED DOMAIN POLICY
.UK domain owner can contact the
Registrar of their domain name upto 6 months prior to domain expiry date to get
their domain name renewed. Not renewing .UK domain name before its expiry date
will result in suspension of the domain registration and other services
associated with the domain name. After the expiry, .UK domain name will enter
the renewal grace period of 90 days and Registrar will allow the domain owner
to renew their domain name at normal renewal price for this period. If the
domain name is not renewed within the 90 day period, it will be deleted and
make available for fresh registration by .UK registry.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings
under the Dispute Resolution Service Policy set forth by Nominet. These
policies are available at
http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure and are
hereby incorporated and made an integral part of this Agreement.
APPENDIX 'L'
.TRAVEL DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .TRAVEL domain
name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations
already described in this Agreement, you are required to provide us the UIN
(Unique Identification Number), as issued by the .TRAVEL Registry to an entity
that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current
.TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/ that are incorporated herein and made a part of this
Agreement by reference.
APPENDIX 'M'
.WS DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .WS domain name,
the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS
Registry 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 You. "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.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part
of this Agreement by reference.
APPENDIX 'N'
.COOP DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .COOP domain name,
the Registrant, must also agree to:
(1) the terms and conditions of the
.COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited
Liability Company), available at
http://www.coop/wp-content/uploads/2017/05/140103-registration_agreement.pdf;
and
(2) the Verification &
Eligibility Policy available at
http://www.coop/wp-content/uploads/2017/06/verification-policy.pdf; and
(3) the Charter Eligibility Dispute
Resolution Policy ("CEDRP") and DotCoop Domain Name Dispute
Resolution Policy ("DCDRP") found at
http://www.coop/wp-content/uploads/2017/06/coop_dispute_policy.pdf
all of the above included herein by
reference.
Where there is a conflict,
contradiction or inconsistency between the provisions of this Appendix (.COOP
DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the
provisions of this Appendix shall prevail in respect of all .COOP domain name
registrations only.
In particular we draw the following
to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility
requirements mandated by .COOP Sponsor for registration of a .COOP name, as set
forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to
be entitled to register a .COOP domain name for failure to meet .COOP Sponsor
eligibility requirements, that the domain name may not be registered (and, if
already registered, it will be deleted). You release the .COOP Sponsor from any
and all liability stemming from deletion of any domain name. Deleted .COOP
names will be returned to the pool of names available for registration. The
privacy statement, located on the .COOP Sponsor?s Web site at
http://www.coop/wp-content/uploads/2017/06/privacy_policy_-_120328.pdf and
incorporated herein by reference sets forth your and the .COOP Sponsor?s rights
and responsibilities with regard to your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP
policies set forth on http://www.nic.coop/policies/, including but not limited
to the requirement that third-and-higher-level domain names within your second
level domain may only be used internally by you (absent a written license from
the .COOP Sponsor).
3. 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 the .COOP Sponsor?s dispute policy as
found at http://www.coop/wp-content/uploads/2017/06/coop_dispute_policy.pdf as
it may be modified 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 your
.COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and
conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP
Registrar or Sponsor 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 prior approval. Registrar may not allow you to make changes to
such domain name record until
(i) Registrar is directed to do so by
the judicial or administrative body, or
(ii) Registrar receives notification
by you and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled.
APPENDIX 'O'
CentralNIC DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is either a AE.ORG,
.BAR, BR.COM, CN.COM, COM.DE, DE.COM, EU.COM, GB.COM, GB.NET, GR.COM, HU.COM,
JPN.COM, KR.COM, .LA, NO.COM, QC.COM, .REST, RU.COM, SA.COM, SE.COM, SE.NET,
UK.COM, UK.NET, US.COM, UY.COM, .XYZ, ZA.COM, .RENT, .LOVE, .COLLEGE, .DESIGN,
.FANS, .US.COM, .UK.COM, .GB.NET, .COM.DE, .CN.COM, .BR.COM, .GR.COM, .DE.COM,
.AE.ORG, .QC.COM, .EU.COM, .SE.NET, .RU.COM, .HU.COM, .SE.COM, .NO.COM,
.UK.NET, .SA.COM, .JPN.COM, .UY.COM, .KR.COM, .ZA.COM, .GB.COM, .FEEDBACK,
.PROTECTION, .SECURITY or .THEATRE domain name, the Registrant, must also agree
to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that
CentralNic 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.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings
under Domain Dispute policies set forth by CentralNic. These policies are available
at http://www.centralnic.com and are hereby incorporated and made an integral
part of this Agreement.
APPENDIX 'P'
.MOBI DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .MOBI domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that registering a
.MOBI domain name, involves you contracting with mTLD which is the .MOBI
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all
applicable laws, regulations and policies of mTLD available on their website at
http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part
of this Agreement by reference.
APPENDIX 'Q'
.ASIA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ASIA domain name,
the Registrant, must also agree to the following terms:
1. DEFINITIONS
(1) "Charter Eligibility
Declaration Contact" ("CED Contact") is a contact that is
designated to make the declaration that it meets the Charter Eligibility
Requirement for registering a .ASIA domain name.
(2) "Charter Eligibility
Requirement" means the eligibility requirement set out in the .ASIA
Charter, that the Registered Name Holder is required to comply with. The policy
for such requirement, the "Charter Eligibility Requirement Policy" is
stated on DotAsia's website at http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that registering a
.ASIA domain name, involves you contracting with the .ASIA Registry, and
agreeing to their Terms and Conditions of Domain Name Registration available on
their website at http://policies.registry.asia.
(2) you are aware that every .ASIA
domain name must specify a CED Contact, that is a legal entity or natural
person in the DotAsia Community. The DotAsia Community is defined based on the
geographical boundaries described by the ICANN Asia / Australia / Pacific
region (http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event
you do not have a legal entity or natural person in the DotAsia Community, the
Registrar allows you to designate a Registrar-assigned CED Contact, to
facilitate your .asia domain name registration.
(4) you have made known to the
Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has
agreed, that the Registrant Contact and the CED Contact will jointly be defined
as the Registered Name Holder, and that it shall be jointly responsible for the
Registered Name in the event of a dispute or a challenge over the Registered
Name Holder's legal entitlement to or the ownership of the Registered Name. The
CED Contact shall be bound by the provisions in the DotAsia Organisation
Limited's .ASIA Charter Eligibility Requirement Policy published from time to
time. Registered Name Holder acting as Registrant Contact agrees that it has
obtained an agreement from the CED Contact that the Registrant Contact shall
remain the Operating Contact for all operations of the domain, including but
not limited to domain transfer and updates.
(5) in the event of a domain name
dispute both the CED Contact and the Registrant Contact can be named as the
responding party, the CED Contact however is responsible only for acknowledging
the dispute proceedings and to refer the case to the Registrant Contact. The
Registrant Contact shall remain solely responsible for all operations and liabilities
regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current
ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP), available at
http://www.icann.org/dndr/udrp/policy.htm and ICANN's Charter Eligibility Dispute
Resolution Policy (CEDRP), available at
http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'R'
.ME DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ME domain name, the
Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that registering a
.ME domain name, involves you contracting with the doMEn, d.o.o. Registry which
is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.domain.me/.
(2) you agree to comply with all
applicable laws, regulations and policies of doMEn, d.o.o. available on their
website at http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings
under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These
policies are available at http://www.domain.me/ and are hereby incorporated and
made an integral part of this Agreement.
APPENDIX 'S'
.TEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TEL domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that registering a
.TEL domain name, involves you contracting with the telnic which is the .TEL
Registry, and agreeing to their Terms and Conditions of Domain Name Registration
available on their website at http://www.telnic.org/.
(2) you are aware that registering a
.TEL domain name, requires you to submit atleast one communications contact
such as a telephone number, an email address, an instant-messaging handle or a
web link associated with you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part
of this Agreement by reference.
APPENDIX 'T'
.CN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CN domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .CN
domain name, involves you contracting with the CNNIC which is the .CN Registry,
and agreeing to their Terms and Conditions of Domain Name Registration
available on their website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name,
the Registrant, must also agree to be bound by the current CNNIC Domain Name
Dispute Resolution Policy, available at http://www.cnnic.cn/ that is
incorporated herein and made a part of this Agreement by reference.
APPENDIX 'U'
.NZ DOMAIN NAME SPECIFIC CONDITIONS
Registrar and registrant are bound by
the policies, at http://dnc.org.nz/policies, that are incorporated herein and
made a part of this Agreement by reference.
In the case of any conflict between
.NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name
the following applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in
the .NZ register shall be treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the
registration of a domain name registered to you as a result of you not paying
our charges relating to its renewal, we will give you fourteen days notice
before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO
THIS APPENDIX
To the extent legally permitted, you
agree that:
(1) all services of the .NZ Registry
are provided under New Zealand law.
(2) any claim or dispute arising out
of or in connection with this agreement must be instituted within 60 days from
the date the relevant service was supplied to you.
(3) except as otherwise stated, you
may take action against us only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement
by giving you one month's notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and
agrees that during the first five days after initial registration of the Order
the Registrant may not be able to transfer the Order to another Registrar.
APPENDIX 'V'
.CO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CO domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .CO
domain name, involves you contracting with the .CO Internet S.A.S which is the
.CO Administrator, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you
agree that:
(1) all services of the .CO Registry
are provided under laws of Colombia.
(2) any disputes, claims or
controversies arising out of the registration, ownership, use, transfer,
assignment, loss, cancellation, or suspension of any Registered Name or
otherwise relating to the .CO TLD between Registrant and the .CO Registry shall
be governed exclusively by the laws of Colombia and that any such disputes,
claims or controversies shall be brought and heard exclusively in the courts
located in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name,
the Registrant acknowledges having read and understood and agrees to be bound
by the terms and conditions of the Uniform Domain Name Dispute Resolution
Policy adopted by ICANN, available at
http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as
the same may be amended from time to time and which is hereby incorporated and
made an integral part of this Agreement.
APPENDIX 'W'
.CA DOMAIN NAME SPECIFIC CONDITIONS
.CA - Should you seek to register a
.CA top level domain, you must agree to be bound by the following additional
terms. In the event that any term in this Registration Agreement conflicts with
CIRA's Registrant Agreement, CIRA's Registrant Agreement shall apply to any and
all .CA domain registrations.
1. Definitions: The following
definitions apply to APPENDIX 'W' only -
(1) "Registrant Registration
Agreement" shall mean CIRA's Registration Agreement available at
http://cira.ca/assets/Documents/Legal/Registrants/registrantagreementv2.0.pdf
(2) "Registrar,"
"National CA Domains," "we," or "us" shall mean
National CA Domains, Ltd., a wholly-owned subsidiary of Dotster, Inc., and a
certified registrar of .CA domains by CIRA pursuant to the Registrar Registration
Agreement (http://cira.ca/assets/Documents/Legal/Registrants/registrantagreementv2.0.pdf)
entered into between National CA Domains and CIRA ("Registrar Registration
Agreement").
(3) "Registry,"
"Registry Operator," or "CIRA" shall mean Canadian Internet
Registration Authority, the not-for-profit organization that manages the .CA
domain space.
(4) Capitalized terms used in this
APPENDIX but not defined shall have the meaning as set out in the Registration
Agreement
(http://cira.ca/assets/Documents/Legal/Registrants/registrantagreementv2.0.pdf)
or Registrar Registration Agreement
(http://cira.ca/assets/Documents/Legal/Registrants/registrantagreementv2.0.pdf).
2. CA Domain Name Registration
Information and its Use -
(1) You acknowledge and agree that
you are required to submit to National CA Domains and keep updated the
following information in connection with your application for .CA domain name
registration -
(1) the .CA domain name to be
registered;
(2) the .CA domain name holder's name
and mailing address;
(3) the name, mailing address, email
address, telephone number, and fax number of the Administrative Contact for the
.CA domain name;
(4) the name, mailing address, email
address, telephone number, and fax number of the billing contact for the .CA
domain name; and
(5) Canadian presence qualification
as required by CIRA's Canadian Presence Requirements for Registrants available
at http://cira.ca/assets/Documents/Legal/Registrants/CPR.pdf
(2) Obligations Relating to Provided
Data. If, in registering a .CA domain name, you provide information about a
third party, you hereby represent that you have provided notice to and have
obtained the express consent from the third party to the disclosure and use of
the third party's information as set forth in this Registration Agreement.
(3) Disclosure and Use of
Registration Information. You agree to authorize National CA Domains to provide
any information to CIRA and any other third parties as applicable laws may
require or permit. You acknowledge and agree that National CA Domains may make publicly
available, or directly available to third-party vendors, some or all of the .CA
domain registration information provided by you, for purposes of inspection
such as through National CA Domains' WHOIS service, for targeted marketing, or
for any other purpose as required or permitted by CIRA and/or applicable laws.
(4) We will not process any data
about any identified or identifiable natural person that we obtain from you in
a way incompatible with the purpose and limitations described in this Registration
Agreement or in our Privacy Policy
(http://www1.domain.com/legal/legal_privacy.bml). We will take reasonable
precautions to protect the information we obtain from you from our loss,
misuse, unauthorized access or disclosure, alteration or destruction of that
information. We will have no liability to you or any third party to the extent
such reasonable precautions are taken.
(5) You acknowledge and agree that
CIRA may establish guidelines, limits, and/or requirements that relate to the
amount and type of information that National CA Domains may or must make
available to the public or to private entities, and the manner in which such
information is made available.
3. CIRA Policy -
(1) You agree that:
(1) Your registration of a .CA domain
name shall be subject to suspension, cancellation, or transfer pursuant to any
CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not
inconsistent with a CIRA-adopted policy,
(1) to correct mistakes by Registrar
or Registry in registering the name, or
(2) for the resolution of disputes
concerning a .CA domain name.
(2) CIRA may, at its option, extend
any period for the registration of a .CA domain name at no charge to Registrar
or you for such further period of time as CIRA may determine, in its sole
discretion.
(3) CIRA shall not be liable to you
for:
(1) any loss, damage, or expense
arising out of CIRA's failure or refusal to register a .CA domain name;
(2) CIRA's failure or refusal to
renew a .CA domain name;
(3) CIRA's registration of a .CA
domain name;
(4) CIRA's failure or refusal to
renew a .CA domain name;
(5) CIRA's renewal of a .CA domain
name;
(6) CIRA's failure or refusal to
transfer a .CA domain name;
(7) CIRA's transfer of a .CA domain
name;
(8) CIRA's failure or refusal to maintain
or modify a .CA domain name;
(9) CIRA's maintenance of a .CA
domain name;
(10) CIRA's modification of a .CA
domain name;
(11) CIRA's failure to cancel a .CA
domain name; or
(12) CIRA's cancellation of a .CA
domain name from the Registry.
(4) In no event shall you pursue any
claim against CIRA, and in no event shall CIRA be liable to you, for any
direct, indirect, special, punitive, exemplary, or consequential damages,
including, but not limited to, damages resulting from loss of use, lost profits,
lost business revenue, or third-party damages or arising from any breach by
Registrar of its obligations under any agreement between Registrar and you, or
the Registrar Registration Agreement.
(5) Registration of your selected .CA
domain name in its first application to CIRA shall not be effective until you
have entered into and agree to be bound by CIRA's Registration Agreement
(http://cira.ca/assets/Documents/Legal/Registrants/registrantagreementv2.0.pdf).
(6) We shall immediately give notice
to you in the event that we are no longer a CIRA certified registrar, have had
our certification as a CIRA certified registrar suspended or terminated, or the
Registrar Registration Agreement is terminated or expires. CIRA may post notice
of such suspension, termination, or expiry on its website and may, if CIRA
deems appropriate, give notice to you thereof.
(7) In the event that we are no
longer a CIRA certified registrar, have had our certification as a CIRA
certified registrar suspended or terminated, or in the event the Registrar
Registration Agreement is terminated or expires, you shall be responsible for
changing your registrar of record to a new CIRA certified registrar within 30
days of the earlier of notice thereof being given to the you by (i) us or (ii)
CIRA in accordance with CIRA's then-current General Registration Rules
(http://www.cira.ca/assets/Documents/Legal/Registrars/registrationrules.pdf);
provided, however, that if any of your domain name registration(s) is scheduled
to expire within 30 days of the giving of such notice, you shall have 30 days
from the anniversary date of the registration(s) to register with a new CIRA
certified registrar and to renew such domain name registration(s) in accordance
with then-current General Registration Rules (http://www.cira.ca/assets/Documents/Legal/Registrars/registrationrules.pdf).
(8) You shall not, directly or
indirectly, through registration or use of your .CA domain name or otherwise
(i) violate or contribute to the violation of the intellectual property rights
or other rights of any other person; (ii) defame or contribute to the
defamation of any other person; or (iii) unlawfully discriminate or contribute
to the unlawful discrimination of any other person.
(9) National CA Domains and CIRA
shall not be responsible in any way whatsoever -
(1) for the use of any .CA domain
name in the Registry; and
(2) for any conflict or dispute with
or any actual or threatened claim against us or you, including one relating to
a registered or unregistered trade-mark, a corporate, business or other
trade-name, rights relating to a name or other identifying indicium of an
individual or any other intellectual property rights of a third party or
relating to the defamation of or unlawful discrimination with respect to any other
person.
(10) You agree that we may amend this
Registration Agreement at any time, with or without notice to you, to reflect
any amendments to the Registrar Registration Agreement or any other rules,
policies, or guidelines established by the Registry.
(11) You acknowledge that
registration of a .CA domain name does not create any proprietary right for
you, us or any other person in the name used as a .CA domain name or the domain
name registration and that the entry of a .CA domain name in the Registry or in
the "WHOIS" look up system of the Registry shall not be construed as
evidence or ownership of the registered .CA domain name. You shall not in any
way transfer or purport to transfer a proprietary right in any .CA domain name
registration, or grant or purport to grant as security or in any other manner
encumber or purport to encumber a .CA domain name registration.
4. CIRA Dispute Policy -
(1) In the event of any dispute with
respect to your registered .CA domain name, you agree to be bound by the CIRA
Domain Name Dispute Resolution Policy ("CIRA Dispute Policy")
available at http://cira.ca/assets/Documents/Legal/Dispute/CDRPpolicy.pdf, as
it may be amended from time to time, which is hereby incorporated and made a
part of this Registration Agreement by reference.
(2) You agree that, if the
registration of your .CA domain name is challenged by a third party, you will
be subject to the provisions specified in the CIRA Dispute Policy in effect at
the time of the dispute.
(3) You agree that, in the event a
domain name dispute arises with any third party, you shall indemnify and hold
Registrar harmless pursuant to the terms and conditions contained in the CIRA
Dispute Policy.
5. Transfer of Ownership -
(1) National CA Domains will consider
the entity named as the Administrative Contact for the .CA domain name at the
time the controlling user name and password are secured as the agent of that
domain name. In accordance with CIRA policy, a domain name's registrar and
agent cannot be changed until at least 60 days after initial registration. You
agree that, prior to the effectiveness of any transfer of ownership of your
domain name to another person or entity, you will pay National CA Domains the
then-current amount set forth by National CA Domains for the transfer of
ownership of a domain name. You further agree that as a condition of any such
transfer of ownership of your domain name, the entity to which you seek to
transfer your domain name (the "Transferee") shall agree in writing
to be bound by all terms and conditions of this Registration Agreement. Your
domain name will not be transferred until we receive such written assurances,
and actual payment of the transfer fee, or reasonable assurance of payment of
the transfer fee from a third party (such reasonable assurance as determined by
National CA Domains in its sole discretion). You acknowledge and agree that if
you attempt to transfer your domain name registration without paying National
CA Domains the then-current amount set by National CA Domains for the transfer
of ownership of a domain name, or if the entity to which you seek to transfer
your domain name fails to agree in writing to be bound by all terms and
conditions of this Registration Agreement, any such transfer will be null and
void, and will result in your domain name registration being revoked without a
refund of any charges you have incurred in attempting to register or transfer
that domain name.
6. Miscellaneous -
(1) You agree that National CA
Domains is not liable or responsible for any errors, omissions, or other
actions by CIRA arising out of or related to your application or receipt of, or
failure to receive, a .CA domain name registration. You further agree to
indemnify, defend and hold harmless the administrators, directors, officers,
employees, and agents of National CA Domains and of CIRA from and against any
and all claims, damages, liabilities, costs, and expenses (including reasonable
legal fees and expenses) arising out of or related to your .CA domain name
registration.
(2) You acknowledge and agree that
National CA Domains cannot guarantee that you will obtain a desired .CA domain
name registration, even if an inquiry indicates that domain name is available,
since National CA Domains cannot know with certainty whether or not an
application for a domain name which you are seeking is simultaneously being
sought by a third party, or whether there are any inaccuracies or errors in the
.CA domain name registration process or related databases maintained by CIRA.
(3) You acknowledge and agree that
National CA Domains does not check to see whether the .CA domain name you
select, or the use you make of the domain name, infringes the legal rights of
others. We urge you to investigate whether the .CA domain name you select, or
its use, infringes the legal rights of others, and in particular we suggest you
seek advice of competent counsel.
(4) You acknowledge and agree that
National CA Domains may be ordered by a court or administrative agency 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 .CA domain name,
we may turn to you to hold us harmless and to indemnify us.
(5) You acknowledge and agree that
any of the following actions shall constitute a material breach of this
Registration Agreement and will be sufficient basis for cancellation of your
.CA domain name registration:
(1) willfully providing false or
inaccurate information;
(2) willfully failing to update
information promptly; or
(3) failing to respond to National CA
Domains' inquiries concerning the accuracy of contact details within fifteen
(15) calendar days of request.
(6) You hereby consent to any and all
such disclosures and use of, and guidelines, limits, and restrictions on
disclosure or use of information, updated from time to time and provided in
connection with registration of a .CA domain name, whether during or after term
of the 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 the .CA domain name registration information.
APPENDIX 'X'
.DE DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .DE
domain name, involves you contracting with the DENIC eG (DENIC) which is the
.DE Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you
agree that:
(1) all services of the .DE Registry
are provided under laws of Germany.
(2) either the Registrant or the
Administrative Contact of your .DE domain name is domiciled in Germany and
would be legally able to receive German Court documents and/or summons.
(3) any disputes, claims or
controversies arising out of the registration, ownership, use, transfer,
assignment, loss, cancellation, or suspension of any Registered Name or
otherwise relating to the .DE TLD between Registrant and the .DE Registry shall
be governed exclusively by the laws of Germany and that any such disputes,
claims or controversies shall be brought and heard exclusively in the courts
located in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name,
the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute
Resolution Policy, available at http://www.denic.de/en/domains.html that is
incorporated herein and made a part of this Agreement by reference.
APPENDIX 'Y'
.ES DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ES domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .ES
domain name, involves you contracting with the Red.es (ESNIC) which is the .ES
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you
agree that:
(1) all services of the .ES Registry are
provided under laws of Spain.
(2) any disputes, claims or
controversies arising out of the registration, ownership, use, transfer,
assignment, loss, cancellation, or suspension of any Registered Name or
otherwise relating to the .ES TLD between Registrant and the .ES Registry shall
be governed exclusively by the laws of Spain and that any such disputes, claims
or controversies shall be brought and heard exclusively in the courts located
in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name,
the Registrant, must also agree to be bound by the current ESNIC Domain Name
Dispute Resolution Policy, available at http://www.dominios.es/ that is
incorporated herein and made a part of this Agreement by reference.
APPENDIX 'Z'
.AU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .AU domain name,
then the following terms apply:
1. REGISTRANT REPRESENTATIONS AND
WARRANTIES
You represent and certify that, to
the best of your knowledge and belief:
(1) you are aware that auDA (.au
Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names
Administrator.
(2) you are aware that you must
comply with all auDA Published Policies (listed at http://www.auda.org.au), as
if they were incorporated into, and form part of, this agreement. In the event
of any inconsistency between any auDA Published Policy and this agreement, then
the auDA Published Policy will prevail to the extent of such inconsistency.
(3) you are aware that the Registrar
acts as agent for auDA for the sole purpose, but only to the extent necessary,
to enable auDA to receive the benefit of rights and covenants conferred to it
under this agreement. auDA is an intended third party beneficiary of this
agreement.
(4) all information provided to
register or renew the registration of the domain name (including all supporting
documents, if any) are true, complete and correct, and are not misleading in
any way, and the application is made in good faith.
(5) you acknowledge that under the
auDA Published Policies there are mandatory terms and conditions that apply to
all domain names licences, and such terms and conditions are incorporated into,
and form part of, this agreement.
(6) you meet and will continue to
meet, the eligibility criteria prescribed in auDA Published Policies
(http://www.auda.org.au/policy/current-policies/) for the domain name for the
duration of the domain name.
(7) you have not previously submitted
an application for the domain name with another Registrar using the same
eligibility criteria, and the other Registrar has rejected the application.
(8) you are aware that even if the
domain name is accepted for registration, the Registrant's entitlement to
register the domain name may be challenged by others who claim to have an
entitlement to the domain name.
(9) you are aware that auDA or the
Registrar may cancel the registration of the domain name if any of the
warranties set out above is found to be untrue, incomplete, incorrect or
misleading.
(10) you are aware of auDA's WHOIS
policy at http://www.auda.org.au/whois-policy/, which sets out auDA's
guidelines on the collection, disclosure and use of WHOIS data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted
by law, auDA will not be liable to Registrant for any direct, indirect, consequential,
special, punitive or exemplary losses or damages of any kind (including,
without limitation, loss of use, loss or profit, loss or corruption of data,
business interruption or indirect costs) suffered by Registrant arising from,
as a result of, or otherwise in connection with, any act or omission whatsoever
of auDA, its employees, agents or contractors.
(2) Registrant agrees to indemnify,
keep indemnified and hold auDA, its employees, agents and contractors harmless
from all and any claims or liabilities, arising from, as a result of, or
otherwise in connection with, Registrant's registration or use of its .au
domain name.
(3) Nothing in this document is
intended to exclude the operation of Trade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current
auDRP Dispute Resolution Policy, available at
http://www.auda.org.au/policy/current-policies/ that is incorporated herein and
made a part of this Agreement by reference.
4. REGISTRAR SUPPORT
First level of support is available
through the Registration Partner, from whom you have registered your .AU domain
name. Contact details of this organization may be obtained from
http://publicdomainregistry.com/support/.
If this organization is not able to
provide timely assistance to the domain name owner, you may contact Registrar
Public Domain Registry Pty Ltd.'s 24x7 online Support Team at
http://resources.publicdomainregistry.com/compliance/.
To know more about your .AU domain
name or to get in touch with the .AU Registry, refer
http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988
ABN: 25 141 141 988
14, Lever Street, Albion
Brisbane, Queensland 4010
Australia
6. DOMAIN CANCELLATION POLICY
If the domain name must be cancelled
for any reason after the Registrar allotted Add Grace period, the domain name
registrant can do so by submitting a written application for cancellation of
the domain to the Registrar.
To cancel the domain licence:
(1) Organisations or companies listed
as the domain registrant must submit their written request along with the legal
letterhead of that organisation.
(2)
Individuals or sole traders must submit their written request along with
a copy of photo identification.
All requests must be dated, signed
and may be submitted by the Registrant via email or any other medium
provisioned by the Registrar.
APPENDIX 'AA'
.CC, .TV DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .CC or .TV domain
name, then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .CC or
.TV domain name, involves you contracting with Verisign, which is the .CC/.TV
Registry, and agreeing to their .CC and .TV registry policies available on
their website at
http://www.verisigninc.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml
and you are aware that registering a .CC, .TV domain name, requires you to agree
to:
(1) grant Verisign (the .CC, .TV
Registry) all necessary licenses and consents to permit Verisign or its
agent(s) to:
(1) perform in Verisign's unlimited
and sole discretion Malware Scans on your .CC, .TV website.
(2) collect, store, and process data
gathered as a result of such Malware Scans.
(3) disclose the results of such
Malware Scan (including all data therefrom) to the Registrar. Such information
can not be considered as confidential or proprietary.
(4) use the results of such Malware Scan
(including all data therefrom) in connection with protecting the integrity,
security or stability of the Registry.
(2) disclaim any and all warranties,
representations or covenants that such Malware Scan will detect any and all
Malware or that Verisign is responsible for notifying the Registrar or the
Registrant of any Malware or cleaning any Malware from any Registrant's
systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and
hold harmless Verisign and its affiliates, suppliers, vendors and
subcontractors, and, if applicable, any ccTLD registry operators providing
services and their respective employees, directors, officers, representatives,
agents and assigns ("Verisign Affected Parties") from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses, arising out of or relating to, for any reason
whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the
failure to detect any Malware, or the use of any data from Malware Scans.
APPENDIX 'AB'
.XXX DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .XXX domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .XXX
domain name, involves you contracting with the ICM Registry LLC which is the
.XXX Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current
ICANN's Uniform Domain Name Dispute Resolution Policy available at
http://www.icann.org/udrp/udrp.htm, and ICM's Charter Eligibility Dispute
Resolution Policy (CEDRP) and ICM's Rapid Evaluation Service (RES) available at
the Registry's website, that is incorporated herein and made a part of this
Agreement by reference.
APPENDIX 'AC'
.RU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .RU domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .RU
domain name, involves you contracting with Registrar RU-Center, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at https://www.nic.ru/.
2. LAW AND JURISDICTION
To the extent legally permitted, you
agree that all services of Registrar RU-Center are provided under laws of the
Russian Federation.
APPENDIX 'AD'
.PRO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PRO domain name,
the Registrant, must also agree to the following terms:
You are aware that registering a .PRO
domain name, involves you contracting with RegistryPro, and agreeing to their
Terms and Conditions of Domain Name Registration available on their website at
http://registry.pro/legal/user-terms
1.
INDEMNITY
You agree to hold harmless and
indemnify RegistryPro and Registrar, and each of their subsidiaries,
affiliates, officers, agents, and employees from and against any third party
claim arising from or in any way related to your use of the Service, including
any liability or expense arising from all claims, losses, damages (actual and
consequential), suits, judgements, litigation costs and attorneys' fees, of
every kind and nature. In such a case, Registrar will provide you with written
notice of such claim, suit or action.
2.
INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES
You
acknowledge having 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 Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm
(B) The Qualification Challenge
Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and
http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C) The .pro TLD restriction
requirements, available at http://www.registrypro.pro/qualifications.htm
You represent and warrant that, at
all times during the term of domain name registration, you will meet the .pro
registration requirements set forth by RegistryPro. You are required to provide
prompt notice to the Registrar if you fail to meet such registration
requirements. Registrar and/or Registry Operator shall have the right to
immediately and without notice to you, suspend, cancel or modify a
yourregistration if, at any time you fail to meet the registration
requirements.
APPENDIX 'AE'
.SX DOMAIN NAME SPECIFIC CONDITIONS
1. REGISTRANT REPRESENTATIONS AND
WARRANTIES
1.1 You represent and certify that,
to the best of your knowledge and belief you are aware that registering a .SX
domain name, involves you contracting with the SX Registry SA which is the .SX
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://www.registry.sx/registrars/legal
1.2 Domain Name Holders expressly
acknowledge and accept that the Registry shall be entitled (but not obliged) to
reject an Application or to delete or transfer a Domain Name Registration:
- that does not contain complete and
accurate information as described in these Policies, or is not in compliance
with any other provision of these Policies; or
- to protect the integrity and
stability of the Shared Registry System, and/or the operation and/or management
of the .SX TLD; or
- in order to comply with applicable
laws and regulations, and/or any decision by a competent court or
administrative authority and/or any dispute resolution service provider the
Registry may hereafter retain to oversee the arbitration and mediation of
disputes; and/or any other applicable laws, regulations, policies or decrees;
or
- to avoid any liability on behalf of
the Registry, including their respective affiliates, directors, officers,
employees, subcontractors and/or agents; or
- following the outcome of a Sunrise
Reconsideration Proceeding.
2. INDEMNIFICATION AND LIMITATION OF
LIABILITY
2.1. To the extent allowed under
governing law, the Registry shall only be liable in cases where willful
misconduct or gross negligence is proven. In no event shall the Registry be
held liable for any indirect, consequential or incidental damages or loss of
profits, whether contractual, based on tort (including negligence) or otherwise
arising, resulting from or related to the submission of an Application, the
registration or use of a Domain Name or to the use of the Shared Registry
System or Registry Web Site, even if they have been advised of the possibility
of such loss or damages, including but not limited to decisions taken by the
Registry to register or not to register a Domain Name on the basis of the
findings of or information provided by the IP Clearinghouse Operator, as well
as the consequences of those decisions.
2.2. To the extent allowed under
applicable law, the Registry's aggregate liability for damages shall in any
case be limited to the amounts paid by the Accredited Registrar to the Registry
in relation to the Application concerned (excluding additional fees paid by the
Applicant to the Accredited Registrar or reseller, auction fees and/or
reconsideration fees). The Applicant agrees that no greater or other damages
may be claimed from the Registry (such as, but not limited to, any fees payable
or paid by the Applicant in the context of any proceedings initiated against a
decision by the Registry to register or not to register a Domain Name). The
Applicant further agrees to submit to a binding arbitration for
disputes arising from these Policies
and related to the allocation of Domain Names.
2.3. Applicants and Domain Name
Holders shall hold the Registry harmless from claims filed or disputes
initiated by third parties, and shall compensate the Registry for any costs or
expenses incurred or damages for which they may be held liable as a result of
third parties taking action against it on the grounds that the Applications for
or the registration or use of the Domain Name by the Applicant infringes the
rights of a third party. Applicant agrees to indemnify, keep indemnified and
hold the Registry harmless from all and any claims or liabilities, arising
from, as a result of, or otherwise in connection with, Applicant's registration
or use of its .sx domain name.
2.4. For the purposes of this
Article, the term "Registry" shall also refer to its shareholders,
directors, employees, members, subcontractors, the IP Clearinghouse Operator
and their respective directors, agents, employees and subcontractors.
2.5. The Registry, its directors,
employees, contractors and agents (including the IP Clearinghouse Operator and
the Auction Provider) are not a party to the agreement between an Accredited
Registrar and its Applicants, its Domain Name Holders or any party acting in
the name and/or on behalf of such Applicants or Domain Name Holders.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the Uniform
Domain Dispute Resolution Policy (UDRP), available at http://www.registry.sx/registrars/legal.html
that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AF'
.PW DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PW domain name,
the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .PW
domain name, involves you contracting with the .PW Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://www.registry.pw/.
Furthermore, you represent and
certify that, to the best of your knowledge and belief you are aware of the
Domain Abuse Policy for .PW Registrants available on the website http://www.registry.pw/
2.
DOMAIN DISPUTE POLICY
You agree to be bound by the dispute
policies as decided by the .PW Registry and published at http://www.registry.pw
that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AG'
.IN.NET DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .IN.NET domain
name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .IN.NET
domain name, involves you contracting with the .IN.NET Registry, and agreeing
to their Terms and Conditions of Domain Name Registration available on their
website at http://www.domains.in.net/.
Furthermore, you represent and
certify that, to the best of your knowledge and belief you are aware of the
Domain Abuse Policy for .IN.NET Registrants available on the website
http://www.domains.in.net/anti-abuse-policy/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute
policies as decided by the .IN.NET Registry and published at
http://www.domains.in.net/dispute-resolution-policy/ that are incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'AH'
.CO.DE DOMAIN NAME SPECIFIC
CONDITIONS
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .CO.DE
domain name, involves you contracting with the DNNEXT Registry which is the
.CO.DE Registry, and agreeing to their CO.DE REGISTRATION POLICY available on
their website at http://dnnext.com/code/
APPENDIX 'AI'
.LA DOMAIN NAME SPECIFIC CONDITIONS
1. WHOIS ACCURACY
1.1 The Registrant shall provide to
the registrar accurate and reliable contact details and promptly up date them
during the term of the .LA domain registration including: full name, name of
organisation, association or corporation (if applicable) postal address, email
address, voice telephone number, and fax number if available; name of
authorized person in the case of Registrant that is an organization association
or corporation.
1.2 A Registrant's provision of
inaccurate or unreliable information or its failure to promptly update
information provided shall constitutes material breach of the registration
agreement and shall be a basis for cancellation of the .la registered domain
name.
2 REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .LA
domain name, involves you contracting with the .LA Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://www.la/.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute
policies as decided by the .LA Registry and published at https://www.la/e/dispute
that are incorporated herein and made a part of this Agreement by reference.
APPENDIX 'AJ'
DONUTS INC. SPECIFIC CONDITIONS -
Should you seek to register a gTLD
from a Donuts Inc. subsidiary registry ("Registry"), you must agree
to be bound by the following additional terms. In the event that a term in this
Section conflicts with the Registration Agreement, the terms of this Section
shall apply to any and all Donuts Inc. subsidiary registry domain
registrations. A non-exhaustive list of Donuts Inc. gTLDs (the "Registry
TLDs") are are .BIKE, .CLOTHING, .GURU, .HOLDINGS, .PLUMBING, .SINGLES,
.VENTURES, .CAMERA, .EQUIPMENT, .ESTATE, .GALLERY, .GRAPHICS, .LIGHTING,
.PHOTOGRAPHY, .CONSTRUCTION, .CONTRACTORS, .DIRECTORY, .KITCHEN, .LAND,
.TECHNOLOGY, .TODAY, .DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS,
.PHOTOS, .RECIPES, .SHOES, .CAB, .COMPANY, .DOMAINS, .LIMO, .ACADEMY, .CENTER,
.COMPUTER, .MANAGEMENT, .SYSTEMS, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT,
.TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE, .REPAIR, .COFFEE, .FLORIST,
.HOUSE, .INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES,
.AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT,
.FOUNDATION, .EXPOSED, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA,
.CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS,
.COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS,
.SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING,
.EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS,
.UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC,
.SURGERY, .DENTAL, .TAX, .CASH, .FUND, .INVESTMENTS, .FURNITURE, .DISCOUNT,
.FITNESS, .SCHULE, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL,
.ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT,
.PLACE, .DEALS, .CITY, .HEALTHCARE, .RESTAURANT, .GIFTS, .SARL, .PIZZA, .IMMO,
.BUSINESS, .NETWORK, .WORLD, .DELIVERY, .ENERGY, .COACH, .MEMORIAL, .LEGAL,
.MONEY, .TIRES, .BINGO, .CHAT, .STYLE, .TENNIS, .APARTMENTS, .CASINO, .SCHOOL,
.FOOTBALL, .GOLF, .TOURS, .GOLD, .PLUS, .EXPRESS, .CAFE, .TEAM, .JEWELRY, .RUN,
.DOG, .SHOW, .HOCKEY, .TAXI, .COUPONS, .FYI, .MBA, .SOCCER, .THEATER, .BAND
.MOVIE, .WINE, .SALON, .GROUP, .GMBH, .LTD, .DOCTOR and .VIN.
1. You consent to the published
privacy policies of the Registry, available at
http://www.donuts.domains/policies.
2. You acknowledge and agree Registry
reserves the right to deny, cancel, or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold, or similar status, that it
deems necessary, in its discretion: (a) to protect the integrity and stability
of the registry; (b) to comply with any applicable laws, government rules or
requirements, requests of law enforcement, or any dispute resolution process;
(c) to comply with any applicable ICANN rules or regulations, including without
limitation, the Registry Agreement; (d) to avoid any liability, civil or
criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, and employees; (e) per the terms of the
registration agreement; (f) following an occurrence of any of the prohibited
activities; or (g) to correct mistakes made by Registry or any Registrar in
connection with a domain name registration. Registry also reserves the right to
place upon registry lock, hold or similar status a domain name during
resolution of a dispute.
3. You acknowledge and agree that
domain names are variably priced in the Donuts TLDs (i.e., some are Standard
Names and others are Premium Names); click here for more information from the
Registry. The non-uniform registration and renewal pricing means that a fee for
one Donuts TLD may differ from another Donuts TLD.
4. You acknowledge and agree that
registrants who hold themselves out to be licensed medical practitioners must
be able to demonstrate to the Registrar and Registry, upon request, that they
hold the applicable license.
APPENDIX 'AK'
.CLUB DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CLUB domain name,
the Registrant agrees to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .CLUB
domain name, involves you contracting with the .CLUB Registry, and agreeing to
their Policies of Domain Name Registration available on their website at
http://nic.club/Terms/
2. DOMAIN NAME REGISTRATION AGREEMENT
If the Order is a .CLUB domain name,
the Registrant, must also agree to the following terms: (a) acknowledge and
agree that Registry reserves the right to deny, cancel or transfer any
registration or transaction, or place any domain name(s) on registry lock, hold
or similar status, as it deems necessary, in its unlimited and sole discretion:
(i) to comply with specifications adopted by any industry group generally
recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to
correct mistakes made by Registry or any Registrar in connection with a domain
name registration, or (iii) for the non-payment of fees to Registry. (b) .CLUB
domain name (s) shall not be used for distributing malware, abusively operating
botnets, phishing, piracy, trademark or copyright infringement, fraudulent or
deceptive practices, counterfeiting or otherwise engaging in activity contrary
to applicable law.
3. INDEMNIFICATION
The REGISTERED NAME HOLDER indemnify,
defend and hold harmless the Registry Operator and Registry Service Provider
and their subcontractors, subsidiaries, affiliates, divisions, shareholders,
directors, officers, employees, accountants, attorneys, insurers, agents,
predecessors, successors and assigns, from and against any and all claims,
demands, damages, losses, costs, expenses, causes of action or other
liabilities of any kind, whether known or unknown, including reasonable legal
and attorney's fees and expenses, in any way arising out of, relating to, or
otherwise in connection with the Registered Name Holder's domain name
registration. The registration agreement shall further require that this
indemnification obligation survive the termination or expiration of the
registration agreement.
4. Domain Dispute Policy
For disputes relating to the use of
domain names, Registrant agrees to be bound and confirm to ICANN's Uniform
Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both
as applied and amended at http://newgtlds.icann.org/en/applicants/urs and
http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX 'AL'
.UNO DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .UNO
top level domain ("Registry TLD") from Dot Latin, LLC
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .UNO domain
registrations.
1. You acknowledge and agree Registry
reserves the right to deny, cancel or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes
made by Registry or any registrar of record in connection with a domain name
registration, or (c) for the non-payment of fees to Registry.
2. You agree to comply with
Registry's Acceptable Use policies, Terms of Service, if any, operational
standards, policies, procedures and practices, and Registry policies as they
may be instituted or updated from time to time and published on the Registry
website (http://unodominio.com/) specific to the Registry TLD for the domain
name.
3. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which Registry
has monitoring responsibility.
4. You, as the Registrant,
acknowledge having 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/en/help/dndr/udrp/policy;
ii. The Uniform Rapid Suspension
Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
iii. The Transfer Dispute Resolution
Policy, available at http://www.icann.org/en/help/dndr/tdrp.
APPENDIX 'AM'
.MENU DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .MENU
top level domain ("Registry TLD") from Wedding TLD2, LLC
("Registry", you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .MENU domain
registrations.
1. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which Registry
has monitoring responsibility.
2. You agree to comply with the
operational standards, policies, procedures and practices for the .MENU TLD as
established by the Registry Operator, including without limitation the Registry
Policies.
3. You agree to be bound by the terms
and conditions of initial launch established by Registry, including without
limitation land rush, and sunrise further acknowledge Registry has no liability
of any kind for any loss or liability resulting from proceedings and processes
relating to the land rush or sunrise period, including, without limitation your
ability/inability to obtain a registered name during that period.
4. You acknowledge and agree Registry
reserves the right to deny, cancel, or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status, that it deems necessary, in its discretion: (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to comply with any applicable ICANN rules or
regulations, including without limitation, the Registry Agreement; (d) to avoid
any liability, civil or criminal, on the part of Registry Operator, as well as
its affiliates, subsidiaries, officers, directors, and employees; (e) per the
terms of the registration agreement; (f) following an occurrence of any of the
prohibited activities; or (g) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
5. You hereby agree to submit to
proceedings commenced under other dispute policies as set forth by Registry,
including but not limited to processes for suspension of a domain name by
claims sought by intellectual property right holders, Internet engineering and
security experts, or other competent claimants in the purpose of upholding the
stability, security, and integrity of the .MENU Registry.
6. Notwithstanding anything in this
Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry
Operator of the .MENU TLD, is and shall be an intended third-party beneficiary
of this Agreement. As such, the parties to this Registration Agreement
acknowledge and agree that the third-party beneficiary rights of Wedding TLD2,
LLC have vested and that Wedding TLD2, LLC has relied on its third-party
beneficiary rights under this Registration Agreement in agreeing to Registrar
being a registrar for the .MENU TLD. Additionally, the third-party beneficiary
rights of Wedding TLD2, LLC shall survive any termination of this Registration
Agreement.
APPENDIX 'AN'
.BUZZ DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .BUZZ domain name,
then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .BUZZ
domain name, involves you contracting with the .BUZZ Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://www.buzznames.biz/
2. DOMAIN NAME REGISTRATION AGREEMENT
The Registrant must (a) acknowledge and agree that Registry
reserves the right to deny, cancel or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (i) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs), (ii) to correct
mistakes made by Registry or any Registrar in connection with a domain name
registration, or (iii) for the non-payment of fees to Registry.
3. INDEMNIFICATION
The Registrant must agree to
indemnify, defend and hold harmless the Registry Operator and Registry Service
Provider and their subcontractors, subsidiaries, affiliates, divisions,
shareholders, directors, officers, employees, accountants, attorneys, insurers,
agents, predecessors, successors and assigns, from and against any and all
claims, demands, damages, losses, costs, expenses, causes of action or other
liabilities of any kind, whether known or unknown, including reasonable legal
and attorney's fees and expenses, in any way arising out of, relating to, or
otherwise in connection with the Registered Name Holder's domain name
registration. The registration agreement shall further require that this
indemnification obligation survive the termination or expiration of the
registration agreement.
4. DOMAIN DISPUTE POLICY
For disputes relating to the use of
domain names, Registrant agrees to be bound and confirm to ICANN's Uniform
Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both
as applied and amended at http://newgtlds.icann.org/en/applicants/urs and
http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX 'AO'
.LONDON DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .LONDON domain
name, then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a .LONDON
domain name, involves you contracting with the .LONDON Registry, and agreeing
to their Terms and Conditions of Domain Name Registration available on their
website at http://www.dotlondondomains.london/terms-conditions/
2. DOMAIN NAME REGISTRATION AGREEMENT
The Registrant acknowledges and
agrees that the Registry reserves the right to deny, cancel or transfer any registration
or transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion: (1) to
comply with specifications adopted by any industry group generally recognized
as authoritative with respect to the Internet (e.g. RFCs), (2) to correct
mistakes made by the Registry or any Registrar in connection with a domain name
registration, or (3) if required by a URS or UDRP, proceeding; (4) under the
terms of the Registry Policies; (4) for the non-payment of fees to the Registry
3. INDEMNIFICATION
The Registrant agrees to indemnify,
defend and hold harmless the Registry and its subcontractors, and its and their
directors, officers, employees, agents, and affiliates from and against any and
all claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to, for any reason
whatsoever, the Registered Name Holder's domain name registration. The
Registrar's registration agreement shall further require that this
indemnification obligation survive the termination or expiration of the
registration agreement
4. OPERATIONAL REQUIREMENTS
The Registered Name Holder complies
with (i) ICANN standards, policies, procedures, and practices for which the
Registry has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN; and (ii) Operational standards,
policies, procedures, and practices for the Registry TLD established from time
to time by the Registry in a non-arbitrary manner and applicable to all
Registrars ("Operational Requirements"), including affiliates of the
Registry, and consistent with the Registry's Registry Agreement with ICANN, as
applicable, upon the Registry's notification to the Registrar of the
establishment of those terms and conditions. Unless shorter notice is deemed
necessary by the Registry in exceptional circumstances, additional or revised
Operational Requirements shall be effective upon ninety (90) days notice by the
Registry to the Registrar
APPENDIX 'AP'
FAMOUS FOUR MEDIA LIMITED SPECIFIC
CONDITIONS -
If the Order is either a .BID,
.TRADE, .WEBCAM, .PARTY, .CRICKET, .ACCOUNTANT, .DATE, .DOWNLOAD, .FAITH,
.RACING, .REVIEW, .WIN, .MEN, .LOAN or .SCIENCE domain name, the Registrant,
you must agree to be bound by the following additional terms. In the event that
a term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all domain registrations with Famous Four
Media. A non-exhaustive list of Famous Four Media gTLDs (the "Registry
TLD") can be found at http://www.famousfourmedia.com/our-gtlds/.
1. You agree to comply with ICANN
standards, policies, procedures, and practices for which Registry Operator has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
2. You agree to the operational
standards, policies, procedures, and practices for the Registry TLD (available
at http://www.famousfourmedia.com/policies/) as set forth in the Registry
Agreement between the Registry Operator and ICANN, and as established from time
to time by Registry Operator in a non-arbitrary manner and applicable to all
registrars, including affiliates of registrar, and consistent with ICANN
standards, policies, procedures, and practices and Registry Operator's Registry
Agreement with ICANN, including, in particular, any acceptable use policy
(available at
http://www.famousfourmedia.com/wp-content/uploads/2014/02/FFM_Acceptable_Use_and_Takedown_Policy_27_Nov_2013.pdf),
which delineates all the types of activity that define abuse and reserves the
right of the Registry Operator to take appropriate action based on the type of
abuse.
3. You agree to all permissions,
authorizations and confirmations required from the Registered Name Holder or
any other data subject which are reasonably required by the Registry Operator
or registrar of record in order to comply with the terms of paragraph (b)
immediately above.
APPENDIX 'AQ'
UNITED TLD HOLDCO LTD. SPECIFIC CONDITIONS
-
If the Order is either a .ACTOR,
.AIRFORCE, .ARMY, .ATTORNEY, .AUCTION, .BAND, .CONSULTING, .DANCE, .DEGREE,
.DEMOCRAT, .DENTIST, .ENGINEER, .FORSALE, .FUTBOL, .GIVES, .HAUS, .IMMOBILIEN,
.KAUFEN, .LAWYER, .LIVE, .MARKET, .MODA, .MORTGAGE, .NAVY, .NEWS, .NINJA, .PUB,
.REHAB, .REPUBLICAN, .REVIEWS, .RIP, .ROCKS, .SALE, .SOCIAL, .SOFTWARE,
.STUDIO, .VET, .VIDEO or .FAMILY domain name, you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts with
the Registration Agreement, the terms of this Section shall apply to any and
all United TLD Holdco Ltd. subsidiary registry domain registrations. A
non-exhaustive list of United TLD Holdco Ltd.
1. These Registration Terms and
Conditions ("the Registration Terms") supplement, and are
incorporated into, the agreement between you ("you"), a registrant,
and the ICANN Accredited Registrar ("Registrar") that you use to
register or reserve a name in the United TLD Top Level Domain (the
"Registry TLD"). As between you and United TLD Holdco Ltd., (the
"Registry" or "we"), in the event of any conflict between
this Agreement Schedule and the terms of your agreement with Registrar (the
"Registrar-Registrant Agreement"), these Registration Terms shall
prevail. These additional terms may be found at the Registry's website
http://rightside.co/.
a. By applying to register or reserve
a domain name in a Registry TLD, you represent and warrant that neither your
registration nor your use of the name will infringe the intellectual property
or other rights of any third party or violate the Registry's Acceptable Use
(Anti-Abuse) Policy mentioned at
http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
b. You acknowledge and agree to abide
by all Registry Policies set forth on the Registry's website at
http://rightside.co/rightside-registry/policies/ (the "Registry
Website"). You specifically acknowledge and agree that the Registry
Policies may be modified by the Registry, and agree to comply with any such
changes in the time period specified for compliance.
c. You agree to comply with all
applicable ICANN requirements and policies found at
www.icann.org/en/general/consensus-policies.htm.
d. You agree to comply with all
applicable laws, including those that relate to privacy, data collection,
consumer protection, fair lending, debt collection, organic farming, disclosure
of date and financial disclosures.
e. You agree that should you use a
Registry TLD to collect and or maintain sensitive health and financial date,
you implement reasonable appropriate security measures commensurate with the
offering of those services as defined by applicable law.
f. You represent and warrant that you
have provided to your Registrar current, complete, and accurate information in
connection with your application for a registration, and that you will correct
and update this information to ensure that it remains current, complete, and
accurate throughout the term of any resulting registration or reservation. Your
obligation to provide current, accurate, and complete information is a material
element of these terms, and the Registry reserves the right to deny, cancel,
terminate, suspend, lock, or transfer any registration or reservation if it
determines, in its sole discretion, that the information is materially
inaccurate.
g. You consent to the collection,
use, processing, and/or disclosure of personal information in the United States
and in accordance with the Registry's Privacy Policy mentioned at
http://rightside.co/fileadmin/downloads/policies/Rightside_Privacy_Policy.pdf,
and incorporated by reference here. If you are submitting information from a
country other than the country in which the Registry servers are located, your
communications with the Registry may result in the transfer of information
(including your membership account information) across international
boundaries; you consent to such transfer.
h. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP")
mentioned at https://www.icann.org/resources/pages/help/dndr/udrp-en, and the
Uniform Rapid Suspension System ("URS") mentioned at
http://newgtlds.icann.org/en/applicants/urs, each as described on the ICANN
Website. You further agree to abide by the final outcome of any of those
processes, subject to any appeal rights provided in those processes or the law,
and you hereby release the Registry, its affiliates and service providers from
any and all directly or indirect liability associated with such dispute
resolution processes.
i. You acknowledge and agree that the
Registry reserves the right, in its sole discretion, to disqualify you or your
agents from making or maintaining any registrations or reservations in the
Registry TLD if you are found to have repeatedly engaged in abusive
registrations.
j. You acknowledge and agree that the
Registry reserves the right to deny, cancel, terminate, suspend, lock, or
transfer any registration that it deems necessary, in its discretion, in
furtherance of the following:
(i) to enforce all Registry Policies,
these Registration Terms, and ICANN requirements, as amended from time to time;
(ii) to protect the integrity and
stability of the Registry, its operations, and the Registry TLDs;
(iii) to comply with any applicable
law, regulation, holding, order, or decision issued by a court, administrative
authority, or dispute resolution service provider with jurisdiction over the
Registry or you;
(iv) to establish, assert, or defend
the legal rights of the Registry or a third party, or to avoid any liability,
civil or criminal, on the part of the Registry as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, contractors, and
stockholders;
(v) to correct mistakes made by the
Registry or any Registrar in connection with a registration or reservation;
(vi) as otherwise provided herein.
k. The Registration Terms, its
interpretation, and all disputes between the parties arising in any manner
hereunder, shall be governed by and construed in accordance with the internal
laws of the State of Washington, without giving effect to any choice or
conflict of law provision or rule (whether of the State of Washington or any
other jurisdiction). You agree and submit to the exercise of personal jurisdiction
of courts in the State of Washington for the purpose of litigating any such
claim or action.
l. By agreeing to these Registration
Terms and Conditions, you are: (i) Waiving claims that you might otherwise have
against the Registry, its employees, affiliates and subsidiaries, and service
providers, based on the law of other jurisdictions, including your own; (ii)
Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or
federal courts in the state of Washington over any disputes or claims you have
with the Registry, its affiliates and service providers; and (iii) submitting yourself
to the personal jurisdiction of courts located in the state of Washington for
the purpose of resolving any such disputes or claims.
m. You acknowledge and agree that the
Registry is and shall be an intended third party beneficiary of the obligations
you undertake under your registration agreement with the Registrar and these
Registration Terms. You acknowledge and agree that the Registry's third party
beneficiary rights have vested, and shall survive any termination or expiration
of your registration or reservation.
n. You acknowledge and agree that
domain names in the Registry TLD are provided "as is", "with all
faults" and "as available." The Registry, its affiliates and
service providers, make no express warranties or guarantees about such domain names.
o. To the greatest extent permitted
by law, the Registry, its affiliates and service providers, disclaim implied
warranties that the Registry and all software, content and services distributed
through the registry, its affiliates and service providers are merchantable, of
satisfactory quality, accurate, timely, fit for a particular purpose or need,
or non-infringing. The registry, its affiliates and service providers do not
guarantee that any registry TLDs, or registry operations will meet your requirements,
will be error-free, reliable, without interruption or available at all times.
We do not guarantee that the results that may be obtained from the use of the
United TLD, including any support services, will be effective, reliable,
accurate or meet your requirements. We do not guarantee that you or third
parties will be able to access or use a domain name in United TLDs (either
directly or through third-party networks) at times or locations of your
choosing. No oral or written information or advice given by a representative of
the Registry, its affiliates and service providers shall create a warranty
regarding operations of the Registry or a domain name in a Registry TLD.
p. The Registry, its affiliates and
service providers shall not be liable for any indirect, special, incidental,
consequential or exemplary damages arising from your use of, inability to use,
or reliance upon a domain name in United TLD. These exclusions apply to any
claims for lost profits, lost data, loss of goodwill, work stoppage, computer
failure or malfunction, or any other commercial damages or losses, even if the
Registry, its affiliates and services providers knew or should have known of
the possibility of such damages. Because some states or jurisdictions do not
allow the exclusion or limitation of liability for consequential or incidental
damages, in such states or jurisdictions, the Registry's liability, and the
liability of the Registry's affiliates and service providers, shall be limited
to the amount you paid to register a United TLD. You further agree that in no
event shall the Registry's, its affiliates' and service providers' total
aggregate liability exceed the total amount paid by you for the particular
services that are the subject of the cause of action. You agree that the rights
stated herein survive the termination of the Registrar's agreement with you.
q. The Registry reserves the right to
modify, change, or discontinue any aspect of its Registry Services, these
Registration Terms, including without limitation its prices and fees. You
acknowledge and agree that the Registry, its affiliates and service providers
may provide any and all required notices, agreements, modifications and changes
to these Registration Terms, and other information concerning Registry TLDs
electronically, by posting such items on the Registry Website. Your continued
use of a Registry TLD shall constitute your acceptance of the most current
versions of those notices, agreements, modifications, and changes to these
Registration Terms. In the event of any conflict between these Registration
Terms and the notices, agreements, modifications and changes to the
Registration Terms as posted from time to time on the Registry Website, the
terms posted on the Registry Website at http://rightside.co/ shall prevail.
r. You represent and warrant that
your use of the Registry and/or the Registry TLDs will not be for any illegal
purpose and that you will not undertake any activities with your Registry TLD
that will be in violation of the Acceptable Use (Anti-Abuse) Policy mentioned
at
http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
s. The Registry TLDs are intended for
and available to applicants and registrants who are at least eighteen (18)
years of age. By applying for, registering, or reserving United TLD, you
represent and warrant that you are at least eighteen (18) years of age.
2. In addition to the Registration
Terms above, you agree to comply with applicable rules and laws including those
that relate to privacy, data collection, consumer protection, import/export of
services and disclosure of data.
3. If you choose to register a highly
regulated TLD (currently .ATTORNEY, .DENTIST and .LAWYER), you agree to the
following the additional terms:
a. You represent that you hold the
appropriate applicable credentials and you agree to report any changes to these
credentials; and
b. You agree to provide, and report
any changes to, contact information for the relevant regulatory, or industry
self-regulatory, bodies in your main place of business.
4. If you choose to register a
Military TLD from United TLD Holdco Ltd. (currently .AIRFORCE, .ARMY, .NAVY),
you agree not to misrepresent or falsely imply that you or your business is
affiliated with, sponsored or endorsed by one or more country's or government's
military forces if such affiliation, sponsorship or endorsement does not exist.
APPENDIX 'AR'
RADIX SPECIFIC CONDITIONS -
If the Order is either a .FUN,
.PRESS, .HOST, .WEBSITE, .SPACE, .ONLINE, .SITE, .STORE or .TECH domain name,
the Registrant agrees to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a RADIX
domain name, involves you contracting with the RADIX Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://radixregistry.com/policies/
2. DOMAIN NAME REGISTRATION AGREEMENT
By registering a RADIX domain name,
the Registrant/Registered Name Holder:
(a) acknowledge and agree that RO
reserves the absolute right to deny, cancel, delete or transfer any
registration or transaction, or place any domain name(s) on registry lock, hold
or similar status, as it deems necessary, in its unlimited and sole discretion:
(1) to comply with specifications adopted by any industry group generally
recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to
correct mistakes made by RO or any registrar in connection with a domain name
registration, (3) for the non-payment of fees to RO, (4) to protect the
integrity and stability of the Registry System; (5) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (6) to avoid any liability, civil or
criminal, on the part of RO , as well as its affiliates, subsidiaries,
officers, directors, and employees.
(b) comply with all applicable laws
including those that relate to privacy, data collection, consumer protection
(including in relation to misleading and deceptive conduct) and applicable
consumer laws in respect of fair lending, debt collection, organic farming (if
applicable), disclosure of data and financial regulations.
(c) acknowledge and agree that
registrants who collect and maintain sensitive health and financial data must
implement reasonable and appropriate security measures commensurate with the
offering of those services, as defined by applicable law.
(d) warrant that no domain name
registration within any Included TLD shall be used to distribute malware,
abusively operating botnets, phishing, piracy, trademark or copyright
infringement, fraudulent or deceptive practices, counterfeiting or other
similar activity and providing consequences for such activities including
suspension of the domain name.
(e) comply with all operational
standards, procedures, practices and policies for the Included TLD including
the Radix Acceptable Use and Anti-Abuse Policy ("AUP") and all other
applicable policies which will be available on the Radix website
(www.radixregistry.com), established from time to time by RO in a non-arbitrary
manner and applicable to all registrars, including affiliates of RO, and
consistent with ICANN's standards policies, procedures, and practices and RO's
Registry Agreement with ICANN for the Included TLD. Additional or revised RO
operational standards, policies, procedures, and practices for the Included TLD
shall be effective upon ninety (90) days notice by RO to Registrar unless
mandated by ICANN with a shorter notice period.
(f) consent to the use, copying,
distribution, publication, modification and other processing of Registrant's
Personal Data by RO and its designees and agents, including data escrow
requirements, or as specified by ICANN from time to time for new gTLDs.
(g) expressly agree that registration
and renewal fees for some domain names in an Included TLD are variable and
shall differ from registration and renewal fees for other domain names within
that Included TLD. This includes but is not limited to non-standard pricing for
Premium Domain Name registration and renewal fees, which differs from the
pricing of Standard Domain Names.
(h) agree that registration, renewal
and transfers fees for each Included TLD are variable.
(i) be bound by the terms and
conditions of the initial launch of the Included TLD, including without
limitation the sunrise period and the landrush period, the procedure and
process for compliance with ICANN's rights protection mechanisms including the
Trademark Clearing House requirements and any Sunrise Dispute Resolution
Policy, and further to acknowledge that RO and/or its service providers have no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the sunrise period or the landrush period, including,
without limitation: (a) the ability or inability of a Registrant to obtain a
domain name during these periods, and (b) the results of any dispute over a
sunrise registration.
(j) indemnify, defend and hold
harmless RO, RO's Registry Service Provider and its subcontractors, and its and
their directors, officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating in any way, for
any reason whatsoever, to the Registered Name Holder's domain name
registration, any breach of the Registration Agreement with Registrar and any
use of the domain name. The Registration Agreement shall further require that
this indemnification obligation survive the termination or expiration of the
Registration Agreement and this Agreement.
3. NON-UNIFORM RENEWAL REGISTRATION
PRICING
The Registrant agrees that the
Included TLDs will have non-uniform renewal registration pricing such that the
Registration Fee for a domain name registration renewal may differ from other
domain names in the same or other Included TLDs (e.g., renewal registration Fee
is $7 for one domain name and $13 for a different domain name).
4. OPERATIONAL REQUIREMENTS
The Registered Name Holder is obliged
to comply with each of the following requirements:
(a) ICANN standards, policies,
procedures, and practices for which RO has monitoring responsibility in
accordance with the Registry Agreement or other arrangement with ICANN; and
(b) Operational standards, policies,
procedures, and practices for the Included TLD established from time to time by
RO in a non-arbitrary manner and applicable to all registrars
("Operational Requirements"), including affiliates of RO, and
consistent with RO's Registry Agreement with ICANN, as applicable, upon RO's
notification to Registrar of the establishment of those terms and conditions.
APPENDIX 'AS'
INFIBEAM SPECIFIC CONDITIONS -
Should you seek to register a .OOO
TLD ("Registry TLDs") from Infibeam ("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement, the terms of this
Section shall apply to any and all .OOO domain registrations.
a. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time by the Registry in a non-arbitrary manner upon
90 days' notice from the Registry.
b. You acknowledge and agree the
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion: (1) to
comply with specifications adopted by any industry group generally recognized
as authoritative with respect to the Internet (e.g. RFCs); (2) to correct
mistakes made by the Registry or any registrar in connection with a domain name
registration; or (3) for the non-payment of fees to the Registry.
c. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
d. You acknowledge and agree the
Registry prohibits the use of domain names that might induce confusion with the
Triple Zero Emergency Call Service.
e. You agree to comply with the
public interest commitments as set forth in Specification 11 in the Registry
Agreement (available at
https://www.icann.org/sites/default/files/tlds/ooo/ooo-agmt-html-09jan14-en.htm),
and Government Advisory Committee safeguards as published or provided to the
Registrar by the Registry.
APPENDIX 'AT'
DESI NETWORKS, LLC SPECIFIC
CONDITIONS -
If the Order is a .DESI domain name,
the Registrant, must agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to
the best of your knowledge and belief you are aware that registering a DESI
NETWORKS, LLC domain name, involves you contracting with the DESI NETWORKS, LLC
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://registry.desi/terms/.
2. INDEMNIFICATION
Registrant (a) acknowledge and agree
that Registry reserves the right to deny, cancel or transfer any registration
or transaction, or place any domain name(s) on registry lock, hold or similar
status, as it deems necessary, in its unlimited and sole discretion: (1) to
comply with specifications adopted by any industry group generally recognized
as authoritative with respect to the Internet (e.g., RFCs), (2) to correct
mistakes made by Registry or any registrar in connection with a domain name
registration, (3) for breach of the registration agreement, or (4) if required
by a URS, UDRP, DRS, or CRS proceeding; or (5) for the non-payment of fees to
Registry; and (b) indemnify, defend and hold harmless Registry and its
subcontractors, and its and their directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to, for any reason whatsoever, the Registered Name Holder's domain
name registration and use of the domain name and/or any associated service,
activity or content and that this indemnification obligation shall survive the
termination or expiration of the Registration Agreement for any reason.
3. OPERATIONAL REQUIREMENTS
The Registrant must comply to the
following operational requirements:
(a) ICANN standards, policies,
procedures, and practices for which Registry has monitoring responsibility in
accordance with the Registry Agreement or other arrangement with ICANN; and
(b) Operational standards, policies,
procedures, and practices for the Registry TLD established from time to time by
Registry in a non- arbitrary manner and as communicated in Registry technical
documents and other communications, and applicable to all registrars
("Operational Requirements"), including affiliates of Registry, and
consistent with the Registry Agreement, as applicable, upon Registry's
notification to Registrar of the establishment of those terms and conditions.
APPENDIX 'AU'
AFILIAS NEW gTLDs SPECIFIC CONDITIONS
-
Should you seek to register a .BET,
.BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT, .LOTTO, .LTD, .MEET, .MEMORIAL,
.MLS, .PINK, .RED, .POKER, .PROMO, .SHIKSHA or .?? domain name from the Afilias plc registry or
an Afilias subsidiary registry ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
Section conflicts with the Registration Agreement, the terms of this Section
shall apply to any and all Afilias plc registry, and all Afilias subsidiary
registry domain registrations.
a. You understand and agree to comply
with all ICANN standards, policies, procedures and practices.
b. You agree to immediately correct
and update the Registration Information for the Registered Name Holder upon any
change.
c. You agree to be bound by the
operational standards, policies, procedures and practices for the Registry as
established by the Registry, including without limitation the Registry
policies, the terms and conditions of initial launch established by Registry,
available at http://afilias.info/policies, including without limitation, land rush
and sunrise period, and you further acknowledge Registry has no liability of
any kind for any loss or liability resulting from proceedings and processes
relating to the land rush, sunrise period, or other period associated with the
initial launch of the Registry TLD, including, without limitation your
ability/inability to obtain a registered name during that period.
d. You acknowledge and agree Registry
reserves the right to deny, cancel, or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status, that it deems necessary, in its 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, or any
dispute resolution process;
(3) to comply with any applicable
ICANN rules or regulations, including without limitation, the Registry
Agreement the Registry has with ICANN;
(4) to avoid any liability, civil or
criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, and employees;
(5) per the terms of the Registration
Agreement;
(6) following an occurrence of any of
the prohibited activities; or
(7) to correct mistakes made by
Registry or any Registrar in connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or similar
status a domain name during resolution of a dispute.
APPENDIX 'AV'
ROAD REGISTRY, INC. SPECIFIC
CONDITIONS -
Should you seek to register a .HOW or
.SOY TLD (each a "Registry TLD") from Charleston Road Registry, Inc.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .HOW and .SOY
domain registrations.
a. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion: (1) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs); (2) to correct
mistakes made by Registry or any registrar in connection with a domain name
registration; (3) to protect the rights and property of the Registry and to
avoid any potential or actual liability, civil or criminal, on the part of the
Registry as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders; (4) to protect the integrity and
stability of the registry system and the operation of the DNS; (5) to comply
with all applicable laws, government rules or requirements, requests of law
enforcement or any applicable dispute resolution process; or (6) for violation
of the terms and conditions set forth in any applicable registration agreement.
b. You agree to be bound by the terms
and conditions of initial launch established by Registry, including without
limitation the land rush and sunrise period, and you further acknowledge
Registry has no liability of any kind for any loss or liability resulting from
proceedings and processes relating to the land rush or sunrise period,
including, without limitation your ability or inability to obtain a registered
name during that period.
c. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
d. You agree to immediately correct
and update the Registration Information for the Registered Name Holder upon any
change.
e. You must comply with any ICANN
standards, policies, procedures, and practices as may be adopted or amended
from time to time.
f. You agree that all domains in the
Registry TLD are subject to the Registry's Domain Name Abuse Policy available
at http://www.google.com/registry/policies/domainabuse/ and Startup Policy
available at
http://myicann.force.com/SunriseAttachment?attachmentId=MDBQZDAwMDAwMEJ4SFlJRUEz
APPENDIX 'AW'
UNIREGISTRY SPECIFIC CONDITIONS -
Should you seek to register a gTLD
from the Uniregistry Registry, you must agree to be bound by the following
additional terms. In the event that a term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
Uniregistry domain registrations. A non-exhaustive list of all Uniregistry
gTLDs are .TATTOO, .SEXY, .LINK, .GIFT, .GUITARS, .PICS, .PHOTO, .CHRISTMAS,
.BLACKFRIDAY, .HIPHOP, .AUDIO, .JUEGOS, .HOSTING, .PROPERTY, .CLICK, .DIET,
.HELP, .LOL, .GAME, .FLOWERS, .CAR, .CARS and .AUTO.
1. You agree the Registry reserves
the right to deny, cancel, place on registry-lock or hold, or transfer any
registration that it deems necessary, in its sole discretion: (a) to correct
mistakes made by the Registry or any Registrar in connection with a domain
name; (b) for the non-payment of fees by Registrar.
2. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
3. You agree to comply with all
operational standards, policies, procedures and practices for the Registry as
established from time to time.
4. You agree to comply with
Registry's Acceptable Use policies and Terms of Service published at the
Registry's website (available at https://uniregistry.com/).
5. You understand and agree that
Registered Names allocated to Register Name Holders during any Registry sunrise
period are non-transferrable for the first 10 years after registration.
6. For the .SEXY TLD, the Registered
Name Holder shall not permit content unsuitable for viewing by a minor from the
main or top-level directory of a .SEXY domain name.
APPENDIX 'AX'
GMO Registry, Inc. SPECIFIC
CONDITIONS -
Should you seek to register a gTLD
from the GMO Registry, Inc. ("Registry"), including at present .TOKYO
and .NAGOYA, you must agree to be bound by the following additional terms. In
the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .TOKYO and
.NAGOYA domain registrations.
a. You acknowledge and agree Registry
reserves the right to deny, cancel, or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status, that it deems necessary, in its 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, or any
dispute resolution process; (3) to comply with any applicable ICANN rules or
regulations, including without limitation, the Registry Agreement the Registry
has with ICANN; (4) to avoid any liability, civil or criminal, on the part of
Registry, as well as its affiliates, subsidiaries, officers, directors, and
employees; (5) per the terms of the Registration Agreement; (6) following an
occurrence of any of the prohibited activities; or (7) to correct mistakes made
by Registry or any registrar in connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or similar
status a domain name during resolution of a dispute.
b. You agree to be bound by the
operational standards, policies, procedures and practices established by the
Registry, including without limitation the Registry's policies, the terms and
conditions of initial launch established by Registry, including without
limitation, land rush and sunrise periods, available at
http://www.gmoregistry.com/en/geotlds/policy/regist/, the Abusive Use Policy
(available at http://www.gmoregistry.com/en/geotlds/policy/use/), and you
further acknowledge Registry has no liability of any kind for any loss or
liability resulting from proceedings and processes relating to the land rush,
sunrise period, or other period associated with the initial launch of the
Registry TLD, including, without limitation your ability/inability to obtain a
registered name during that period.
c. You agree to comply with ICANN
standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
APPENDIX 'AY'
PUBLIC INTEREST REGISTRY SPECIFIC
CONDITIONS -
Should you seek to register a .NGO,
.ONG, .机构, .组织机构, .संगठन or .OPR TLD ("Registry TLDs") from the Public
Interest Registry ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all .NGO, .ONG, .机构, . संगठन and .OPR domain registrations.
a. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry
TLDs established from time to time by the Registry.
b. You agree to immediately correct
and update the registration information for the domain names during the
registration term for, including personal data associated therewith.
c. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its 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, or any
dispute resolution process; (3) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (4) per the terms of the registration agreement; (5)
as part of the Registry's validation procedures or (6) to correct mistakes made
by Registry or any Registrar in connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or similar
status a domain name during resolution of a dispute.
d. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
e. You agree that your registration
complies with the Registry's eligibility requirements (available at
http://globalngo.org/discover/eligibility/) and that your registration will be
placed on server hold status by the Registry until your NGO passes the
Registry's validation process.
f. You agree to submit to proceedings
under the Registry's Restrictions Dispute Resolution Policy (RDRP), available
at http://domain.adrforum.com/main.aspx?itemID=2246
g. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without limitation
the RDRP, and further to acknowledge that Registry has 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:
(1) the ability or inability of a registrant to obtain a registered name during
these periods, and (2) the results of any dispute over a sunrise registration.
h. You agree to submit to proceedings
commenced under ICANN's dispute resolution procedures relating to Rights
Protection Mechanism (RPMs) (available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en)
APPENDIX 'AZ'
.WANG SPECIFIC CONDITIONS -
Should you seek to register a .WANG
TLD ("Registry TLD") from Zodiac Registry ("Registry"), you
must agree to be bound by all Registry policies, available at
http://en.zodiac.wang/policy.html. In the event that a term in the Registry
policies conflicts with the Registration Agreement, the terms of the Registry
policies shall apply to any and all .WANG domain registrations.
APPENDIX 'BA'
.BUILD SPECIFIC CONDITIONS -
Should you seek to register a .BUILD
TLD, you must agree to be bound by the following additional terms. In the event
that a term in this Section conflicts with the Registration Agreement, the
terms of this Section shall apply to any and all .BUILD domain registrations.
1. You acknowledge and agree Plan
Bee, LLC (the "Registry") reserves the right to deny, cancel or
transfer any registration or transaction, or place any domain name(s) on
registry lock, hold or similar status, as it deems necessary, in its unlimited
and sole discretion: (i) to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.,
RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection
with a domain name registration, or (iii) for the non-payment of fees to
Registry.
2. You agree to comply with
Registry's Acceptable Use policies, and Terms of Service, operational standards,
policies, procedures and practices as they may be updated from time to time and
published at the Registry's website, http://terms.about.build/.
3. You agree to be bound by the terms
and conditions of initial launch established by Registry, available at
http://policies.build/, including without limitation land rush and sunrise
periods, and further acknowledge Registry has no liability of any kind for any
loss or liability resulting from proceedings and processes relating to the land
rush or sunrise periods, including, without limitation your ability/inability
to obtain a registered name during that period.
4. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which Registry
has monitoring responsibility.
APPENDIX 'BB'
.LUXURY SPECIFIC CONDITIONS -
Should you seek to register a .LUXURY
top level domain, you must agree to be bound by the following additional terms.
In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .LUXURY domain
registrations.
1. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which Registry
has monitoring responsibility.
2. You agree to comply with the
operational standards, policies, procedures and practices for the .LUXURY TLD
as established by Luxury Partners, LLC (the "Registry") or any
appointed registry operator, including without limitation the Registry
Policies, which may be available at http://www.dotluxury.com/.
3. You agree to be bound by the terms
and conditions of the initial launch established by Registry, including without
limitation the land rush and sunrise periods, and the Start-Up Policies, and
you further acknowledge Registry has no liability of any kind for any loss or
liability resulting from proceedings and processes relating to the land rush or
sunrise period, including, without limitation your ability or inability to
obtain a registered name during that period.
4. You acknowledge and agree Registry
reserves the right to deny, cancel, or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status, that it deems necessary, in its 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, or any
dispute resolution process; (3) to comply with any applicable ICANN rules or
regulations, including without limitation, the Registry Agreement the Registry
maintains with ICANN; (4) to avoid any liability, civil or criminal, on the
part of Registry Operator, as well as its affiliates, subsidiaries, officers,
directors, and employees; (5) per the terms of the Registration Agreement; (6)
following an occurrence of any of the prohibited activities; or (7) to correct
mistakes made by Registry or any registrar of record in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
5. You hereby agree to submit to
proceedings commenced under other dispute policies as set forth by Registry,
including but not limited to processes for the suspension of a domain name
pursuant to claims made by intellectual property right holders , Internet
engineering and security experts, or other competent claimants for the purpose
of upholding the stability, security, and integrity of the .LUXURY Registry.
6. Notwithstanding anything in this
Registration Agreement to the contrary, Luxury Partners, LLC, the Registry
Operator of the .LUXURY TLD, is and shall be an intended third-party
beneficiary of this Registration Agreement. As such, the parties to this
Registration Agreement acknowledge and agree that the third-party beneficiary
rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has
relied on its third-party beneficiary rights under this Registration Agreement
in agreeing to the registrar of record being a registrar for the .LUXURY TLD.
Additionally, the third-party beneficiary rights of Luxury Partners, LLC shall
survive any termination of this Registration Agreement.
APPENDIX 'BC'
.GLOBAL SPECIFIC CONDITIONS -
Should you seek to register a .GLOBAL
TLD ("Registry TLD") from Dot Global Domain Registry Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .GLOBAL domain
registrations.
1. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the Registration Agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period, limited registration period, or land rush
period, and the dispute resolution policies and rights protection mechanisms
mandated by ICANN or the Registry TLD, and further to acknowledge that Registry
has no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the sunrise period, limited registration
period, land rush period or other period associated with the initial launch of
the Registry TLD, 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 resolution process regarding a registration.
3. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Dot Global Domain
Registry Limited, and consistent with ICANN's standards, policies, procedures,
and practices and the Registry Agreement. Additional or revised Registry
operational standards, policies, procedures, and practices for the Registry TLD
shall be effective upon thirty days' notice by Registry to Registrar.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
5. You must comply with any ICANN
standards, policies, procedures, and practices as may be adopted or amended from
time to time.
6. You agree that you have been
provided with the Registry Policies (available at
http://www.nic.global/registry-policies.php) including the Registry's
Acceptable Use Policies (available at https://docs.google.com/document/d/1PDCJ9ecrRAatIryaWH-nYombaBjbGNktUtdYs7e61mI/edit).
APPENDIX 'BD'
.VEGAS SPECIFIC CONDITIONS -
Should you seek to register a .VEGAS
TLD ("Registry TLD") from Dot Vegas, Inc. ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .VEGAS domain registrations.
1. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the registration agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period, limited registration period, or land rush
period, and the dispute resolution policies and rights protection mechanisms
mandated by ICANN or Registry TLD, (available at
http://www.nic.vegas/policies/) and further to acknowledge that Registry has no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the sunrise period, limited registration period, land
rush period or other period associated with the initial launch of the Registry
TLD, 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 resolution process regarding a registration.
3. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Dot Vegas (available at
http://www.nic.vegas/policies/) in a non-arbitrary manner and applicable to all
registrars, including affiliates of Dot Vegas, and consistent with ICANN's
standards, policies, procedures, and practices and the Registry Agreement.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
5. You must comply with any ICANN
standards, policies, procedures, and practices as may be adopted or amended
from time to time.
APPENDIX 'BE'
.BERLIN SPECIFIC CONDITIONS -
Should you seek to register a .BERLIN
top level domain from dotBERLIN GmbH & Co. KG("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .BERLIN domain registrations.
1. You hereby agree that Registry and
registry services provider, acting on behalf of Registry, reserve the right to
change the status of the relevant domain name(s) during the resolution of a
dispute, a compliance procedure, upon a request from a competent authority
(e.g. put on hold, lock), as well as to deny, modify, cancel, suspend, or transfer
any registration that it deems necessary, in its complete discretion, in order
to; (a) protect the integrity, security, and stability of the Registry System;
(b) comply with all appropriate laws, government rules or requirements,
requests of law enforcement or any other relevant authority, or in compliance
with any dispute resolution process; (c) avoid any liability of Registry, its
affiliates, shareholders, subsidiaries, officers, directors, and employees; (d)
stop or prevent any violations of any terms and conditions of this Agreement;
(e) correct mistakes made by Registry, registry service providers or any
registrar in relation to a domain name registration; and (f)ensure compliance
with ICANN and/or Registry Policies.
2. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
3. You agree to adhere and comply
with all applicable ICANN policies and Registry policies for resolution of
disputes concerning domain names.
4. You agree that Registry is a
third-party beneficiary of the Registration Agreement and is entitled to
enforce its rights vested by the Registration Agreement.
5. You agree to comply with the
.BERLIN Policies (available at http://dot.berlin/de/berlin-policies) and agree
that the German version of .BERLIN Policies governs and the English versions
are provided for convenience only.
6. Every natural person, legal
entity, organization or group of persons is entitled to register and use a
domain under the .BERLIN top level domain, provided they can show that they
have an economic, cultural, historical, social or other connection to the
German capital, Berlin, as set out in Registry's Policy for the Registration of
.BERLIN Domain Names, available at http://dot.berlin/.
APPENDIX 'BF'
.CAREER SPECIFIC CONDITIONS -
Should you seek to register a .CAREER
TLD ("Registry TLD") from dotCareer LLC ("Registry
Operator"), you must agree to be bound by the following additional terms.
In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .CAREER domain
registrations.
1. You agree that Registry Operator
reserves the right, in its unlimited and sole discretion, to revoke, cancel,
deny, transfer, suspend, terminate or otherwise modify the rights of a
Registered Name Holder, including placing any domain name(s) on registry lock,
hold or similar status, without any notice thereto: (1) in the event of non-compliance
by the Registered Name Holder with any provision of the Registration Agreement,
the .CAREER Registry-Registrant Agreement, specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet; (2) to correct any mistakes made by Registry Operator, registrar of
record or any third party in connection with a domain name registration; or (3)
for the non-payment of any fees due to Registry Operator;
2. You agree to comply with the
operational standards, policies, procedures, and practices (such as, for
example, start up, initial operations, sunrise, premium names, etc.) for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all registrars (operational
requirements), including affiliates of Registry Operator, and consistent with
the Registry Operator's Registry Agreement with ICANN, as applicable, upon
Registry Operator's notification to Registrar of the establishment of those
terms and conditions.
3. You agree to comply with the ICANN
requirements, standards, policies, procedures, and practices for which the
Registry Operator has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN.
4. You agree to the .CAREER
Registry-Registrant Agreement, as posted at Registry Operator's website
(available at http://dotcareer.jobs/) and as amended from time to time at the
sole discretion of Registry Operator.
5. You agree to comply with any and
all applicable national, state or local law, regulation or court order in
relation to operations and registrations in the Registry TLD.
6. You agree to (i) grant Registry
Operator and Registry Service Provider ("RSP") all necessary licenses
and consents to permit Registry Operator and/or RSP or its agent(s) to (a)
perform, in Registry Operator or RSP's unlimited and sole discretion, malware
scans; (b) collect, store, and process data gathered as a result of such
malware scans; (c) disclose the results of such malware scans (including all
data therefrom) to Registry Operator and/or ICANN; and (d) use the results of
such malware scans (including all data therefrom) in connection with: (1)
protecting the integrity, security or stability of the Registry's system; and
(2) providing reports and benchmarks based on aggregated data so long as the
reports do not identify the TLD; (ii) acknowledge that the results of any
malware scan identifying malware or potential malware shall not be deemed to be
confidential or proprietary information of registrar of record or Registered
Name Holder; (iii) disclaim any and all warranties, representations or
covenants that such malware scan will detect any and all malware or that
Registry Operator or RSP is responsible for notifying registrar of record or any
Registered Name Holder of any malware or cleaning of any malware from any
system or website; (iv) indemnify, defend and hold harmless Registry Operator
and RSP from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of or
relating to, for any reason whatsoever, any malware scan, the failure to
conduct a malware scan, the failure to detect any malware, clean any malware,
or the use of any data from malware scans; and (v) prohibit the entrance into
any settlement or compromise of any such indemnifiable claim (as set forth in
(d) above) without the Registry Operator and RSP's prior written consent.
APPENDIX 'BG'
.QUEBEC SPECIFIC CONDITIONS -
Should you seek to register a .QUEBEC
TLD ("Registry TLD") from PointQuébec ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .QUEBEC domain registrations.
1. You acknowledge and agree that the
Registry reserves the right to deny, modify, cancel, or transfer any
registration or transaction, or place any domain name(s) on registry lock,
hold, or similar status as it deems necessary, in its unlimited and sole
discretion, in order to: (a) protect the integrity, security, and stability of
the registry system; (b) comply with all appropriate laws, government rules or
requirements, requests of law enforcement or any other relevant authority, or
in compliance with any dispute resolution process; (c) avoid any liability of
Registry, its affiliates, members, subsidiaries, officers, directors, and
employees; (d) stop or prevent any violations of any terms and conditions of
this agreement; (e) correct mistakes made by Registry, registry service
providers or any registrar in relation to a domain name registration; and (f)
ensure compliance with ICANN and/or Registry policies.
2. You agree to comply with the
Registry General Registration Policies (available at http://registre.quebec/).
3. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
4. The Registry is a third-party beneficiary
of this Registration Agreement, entitled to enforce its rights vested by
Registration Agreement. Additionally, the third-party rights of the Registry
shall survive termination or expiration of this Registration Agreement.
APPENDIX 'BH'
.WIEN SPECIFIC CONDITIONS -
Should you seek to register a .WIEN
top level domain, you must agree to be bound by the following additional terms.
In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .WIEN
("Registry TLD") domain registrations.
1. You acknowledge and agree that
punkt.wien GmbH (the "Registry") reserves the right to deny, cancel,
place on registry-lock or hold, or transfer any registration that it deems
necessary, in its discretion: (i) to protect the integrity, security and
stability of the Internet or Registry; (ii) to comply with specifications
adopted by any industry group generally recognized as authoritative with
respect to the Internet (e.g., RFCs) and/or to comply with any applicable laws,
government rules or requirements, requests of law enforcement or any other
relevant authority or in compliance with any dispute resolution process; (iii)
to avoid any liability, civil or criminal, on the part of Registry and Registry
Service Provider and their affiliates, subsidiaries, subcontractors, officers,
directors, employees and stockholders; (iv) for violations of this Registration
Agreement; (v) to correct mistakes made by Registry or any registrar in
connection with a domain name registration; (vi) to ensure compliance with
ICANN and/or Registry policies and/or procedures; and/or (vii) for the
non-payment of fees to Registry. Registry also reserves the right to lock or
place on hold a domain name during resolution of a dispute. Registry will
notify registrar of any cancellations, locks, holds or transfers made by
Registry to the registrar's domain name registrations, via email or other
method as may be mutually agreed upon by the parties, within twenty four (24)
hours of any change, unless otherwise required to by law.
2. You shall comply with the
Registry's General Terms and Conditions, available at
https://www.nic.wien/wien/policies/en/20140129_generaltermsconditions_v1.pdf,
and all other Registry policies, including for land rush and sunrise periods,
as they may be instituted or updated from time to time and published on the
Registry website, available at https://www.nic.wien/de/.wien/policies.
3. You shall comply with ICANN
standards, policies, procedures, and practices for which Registry has
responsibility in accordance with the Registry Agreement.
4. You understand and agree that the
following persons are eligible for registration of a Registry TLD: any natural
person, legal person, organization or association intending to show an
economic, cultural, tourist, historical, social or other affinity with the
Austrian federal capital: WIEN [Vienna]. No verification procedure will be
carried out at the time of registration to verify whether you have the required
interests in or relations to Vienna, but fulfillment of the nexus conditions
can be reviewed by initiating alternative dispute resolution procedures
("Eligibility Requirements Dispute Resolution Policy", available at
https://www.nic.wien/wien/policies/en/20140129_erdrp_v1.pdf).
5. You hereby represent and warrant
that (a) You fulfill one of the general registration requirements and will
inform the Registry via your registrar if and when you no longer fulfill those
requirements; (b) the application for domain registration is made in good faith
and for a statutory purpose; (c) the use of the domain will not be against
public policy, will not violate accepted principles of morality (e.g. is not
obscene or insulting) and will not be against the law; (d) any email address
you provide to us is a working email address; (e) the use of the domain will
not infringe any third party's rights or breach any applicable laws or
regulations, including the provision on non-discrimination on the basis of
race, language, sex, religion or political views; and (f) the use of the domain
is NOT (a) in bad faith or (b) for an illegal purpose.
6. If any of these conditions in
paragraph (e) immediately above are not fulfilled or if any of the
prerequisites cease to be fulfilled at a later point in time, Registry may
refuse to delegate the domain or revoke a delegation to you.
APPENDIX 'BI'
.NYC SPECIFIC CONDITIONS -
Should you seek to register a .NYC
TLD from The City of New York (“Registry Operator”), you must agree to be bound
by the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .NYC domain registrations.
1. You agree to the .NYC Acceptable
Use Policy, available at http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php,
which is hereby incorporated into this Registration Agreement by reference.
2. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which Registry
Operator has monitoring responsibility.
3. You agree to comply with the
operational standards, policies, procedures and practices as established by the
Registry Operator, including without limitation the following Registry
Policies:
(1) .NYC Nexus Policy mentioned at
http://www.ownit.nyc/policies/nyc_nexus_policy.php;
(2) .NYC Acceptable Use Policy
mentioned at http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php;
(3) .NYC Proxy Registration Policy
mentioned at http://www.ownit.nyc/policies/nyc_proxy_registration_policy.php;
and
(4) .NYC Web Site Privacy Policy
mentioned at http://www.ownit.nyc/policies/nyc_web_site_privacy_policy.php.
4. You agree that you are in
compliance with all relevant Federal, New York State and New York City laws,
including the tax requirements for conducting business via the Internet.
Registrants may find more information about compliance with the City tax laws
at the City of New York Department of Finance’s website (currently at
www.nyc.gov/finance).
5. The Registrant acknowledges having
read and understood and agrees 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:
(1) The Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(2) The Uniform Rapid Suspension
Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
(3) The Transfer Dispute Resolution
Policy, available at http://www.icann.org/en/help/dndr/tdrp.
6. You agree that the TLD may have
non-uniform pricing and the cost of initial registration may differ from the
cost of renewal.
APPENDIX 'BJ'
MINDS + MACHINES GROUP LIMITED
SPECIFIC CONDITIONS
Should you seek to register a
.ABOGADO, .BEER, .CASA, .COOKING, .COUNTRY, .FASHION, .FISHING, .HORSE, .LAW,
.RODEO, .SURF, .VODKA, .WORK, .YOGA, .WEDDING, .GARDEN or .FIT domain name
Minds +Machines Group Limited ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all domain registrations from Registry.
1. You acknowledge and agree that the
Registry reserves the right to deny, cancel, block or transfer any registration
or transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion: (a) to comply
with specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs); (b) to correct
mistakes made by the Registry or any Registrar in connection with a domain name
registration; (c) if required by a URS, UDRP, CRS proceeding; (d) for the
non-payment of fees to the Registry; or (e) in the event a domain is registered
in contravention of the Registry’s eligibility requirements.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN’s standards, policies, procedures, and practices and Registry’s
Registry Agreement with ICANN.
3. You agree to the terms of the
Registry’s Registrant Agreement, which are incorporated into this Registration
Agreement and can be found at
http://mm-registry.com/wp-content/uploads/2014/05/Sample-Registrant-Agreement.pdf.
4. You agree to submit to the Uniform
Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS),
Complaint Resolution Service (CRS), and the Inter-Registrar Transfer Policy,
each in their most recent form and each as may be amended from time to time.
5. You acknowledge and agree the
Registry may reserve names from registration and/or release such names at any
time.
6. You agree to comply with any ICANN
standards, policies, procedures, and practices for which the Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
7. For the .LAW and .ABOGADO TLDs,
you acknowledge and agree .LAW and .ABOGADO is a limited-registration TLD.
Registrations are restricted to legal professionals (e.g., lawyers, barristers,
solicitors, law firms, and other practitioners of law) appropriately licensed
to practice law by a recognized accredited body or authorized government
authority. Following your application there will be a waiting period during
which your eligibility will be confirmed. If registration is declined due to
lack of eligibility, the registration fee will be returned. The verification
fee, however, is non-refundable. Registrants are cautioned to ensure their
eligibility prior to applying.
APPENDIX 'BK'
ZA CENTRAL REGISTRY SPECIFIC
CONDITIONS -
Should you seek to register a
.CAPETOWN, .DURBAN, or a .JOBURG TLD ("Registry TLDs") from ZA
Central Registry ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .CAPETOWN, .DURBAN, and .JOBURG domain registrations. You agree the
terms of the Registry's Registrant Agreement Mandatory Terms (available at
https://www.registry.net.za/downloads/u/Registrant_Agreement_Mandatory_Terms_v004.pdf)
are hereby incorporated by reference and made an integral part of this
Registration Agreement.
APPENDIX 'BL'
DOTMARKETS REGISTRY LIMITED SPECIFIC
CONDITIONS -
Should you seek to register a
.MARKETS TLD ("Registry TLD") from DotMarkets Registry Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .MARKETS domain
registrations.
1. You understand and agree to comply
with all ICANN standards, policies, procedures and practices.
2. You agree to comply with the
provisions of the Registry's Policies (available at
http://nic.markets/home/policies/), including the Acceptable Use and Anti-Abuse
Policy (available at
http://1q0xao8yfd12c0pupuavmn3d.wpengine.netdna-cdn.com/wp-content/uploads/2015/05/Acceptable-Use-and-Anti-Abuse-Policy-April-2015.pdf).
3. You represent that you hold the
appropriate applicable credentials to conduct activities in the applicable
market, and you agree to report any changes to these credentials.
4. You agree to comply with the
appropriate regulations and licensing requirements required to conduct
activities in the best interest of your customers.
5. You agree to provide, and keep
up-to-date contact information for the relevant regulatory, or industry
self-regulatory, bodies in your main place of business.
6. You agree that if you collect and
maintain sensitive health and/or financial data, you will comply with
applicable laws on the provision of such services and including security
measures applicable to that sector.
7. You agree that in the event of a
transfer of a domain name, we retain the right to withhold registration of the
transfer pending confirmation of the transferee's credentials.
8. You agree to indemnify, defend and
hold harmless the Registry, resellers and their respective affiliates and subsidiaries,
as well as each of their respective owners, directors, managers, officers,
employees, contractors, service providers and agents, within 30 days of
Registry's demand, from and against any
and all claims, damages, liabilities, costs and expenses, including reasonable
legal and administrative fees and expenses (including on appeal), arising out
of or relating in any way to your domain name registration. These obligations
shall survive the termination or expiration of this Registration Agreement.
APPENDIX 'BM'
NOMINET UK SPECIFIC CONDITIONS -
Should you seek to register a .CYMRU
or .WALES TLD ("Registry TLDs") from Nominet UK
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .CYMRU and
.WALES domain registrations.
1. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
2. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
3. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, ad employees; (d) per the terms of the registration agreement or (e)
to correct mistakes made by the Registry or any Registrar in connection with a
domain name registration. Registry also
reserves the right to place upon registry lock, hold or similar status a domain
name during the resolution of a dispute.
4. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry. Registry operational standards,
policies, procedures, and practices for the Registry TLD shall be effective
upon ninety (90) days' notice by Registry to Registrar, save that Registry may
amend or introduce such operation standards, policies, procedures and practices
for the Registry TLD upon 30 days' notice, in the event of an emergency or
where it is necessary to make such changes due to the imposition of a new or
altered requirement by ICANN. If there
is a discrepancy between the terms of this Domain Registration Agreement and
the Registry-Registrar Agreement (available at
http://registrars.nominet.org.uk/namespace/cymru-wales/registry-registrar-agreement/rra-document),
the terms of the Registry-Registrar Agreement shall apply to any and all
Registry TLD registrations.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the RPMs and the dispute resolution procedures relating thereto, and
further to acknowledge that Registry has no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to the RPMs
and the dispute resolution procedures relating thereto, including, without
limitation: (1) the ability or inability of a registrant to obtain a registered
name during these periods, and (2) the results of any dispute over a sunrise
registration.
APPENDIX 'BN'
.FRL SPECIFIC CONDITIONS -
Should you seek to register a .FRL
TLD ("Registry TLD") from FRLregistry BV ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
.FRL domain registrations.
1. You agree to comply with the
applicable TLD policies (available at http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
2. You acknowledge and agree that
Registry shall be entitled to reject a request for registration or suspend,
revoke, or delete a domain name in its discretion: (a) if and when the Registry
does not hold complete and accurate information as described in the respective
Registry TLD policies, or the domain name is not in compliance with any other
provision of such Registry TLD policies; (b) to protect the integrity and
stability of the shared registry system, and/or the operation and/or management
of the Registry TLD; (c) in order to comply with applicable laws and
regulations, and/or any decision by a competent court or administrative
authority, and/or any dispute resolution service provider the Registry may hereafter
retain to oversee the arbitration and mediation of disputes, and/or any other
applicable laws, regulations, policies or decrees; (d) to avoid any liability
on behalf of the Registry, including its respective affiliates, directors,
officers, employees, subcontractors and/or agents.
3. You agree and warrant that the
application for the domain name has been made and will continue to be in good
faith, for a lawful purpose; that the domain name does not infringe the rights
of any third party; and that you will not use the TLD for any unlawful or
defamatory purposes, or contrary to public order or morality.
4. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
e. You agree to participate in good
faith in any proceeding described in the applicable TLD policies (available at
http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
APPENDIX 'BO'
.AMSTERDAM SPECIFIC CONDITIONS -
Should you seek to register a
.AMSTERDAM TLD ("Registry TLD") from dotAmsterdam BVBV
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .AMSTERDAM
domain registrations.
1. You agree to comply with the
applicable TLD policies (available at http://nic.amsterdam/).
2. You acknowledge and agree that
Registry shall be entitled to reject a request for registration or suspend,
revoke, or delete a domain name in its discretion: (a) if and when the Registry
does not hold complete and accurate information as described in the respective
Registry TLD policies, or the domain name is not in compliance with any other
provision of such Registry TLD policies; (b) to protect the integrity and
stability of the shared registry system, and/or the operation and/or management
of the Registry TLD; (c) in order to comply with applicable laws and regulations,
and/or any decision by a competent court or administrative authority, and/or
any dispute resolution service provider the Registry may hereafter retain to
oversee the arbitration and mediation of disputes, and/or any other applicable
laws, regulations, policies or decrees; (d) to avoid any liability on behalf of
the Registry, including its respective affiliates, directors, officers,
employees, subcontractors and/or agents.
3. You agree and warrant that the
application for the domain name has been made and will continue to be in good
faith, for a lawful purpose; that the domain name does not infringe the rights
of any third party; and that you will not use the TLD for any unlawful or
defamatory purposes, or contrary to public order or morality.
4. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
e. You agree to participate in good
faith in any proceeding described in the applicable TLD policies (available at
http://nic.amsterdam/).
APPENDIX 'BP'
ICM REGISTRY PN LLC SPECIFIC
CONDITIONS -
Should you seek to register a .ADULT,
.PORN or .SEX TLD ("Registry TLD") from ICM Registry PN LLC
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .ADULT, .PORN
and .SEX domain registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time.
2. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
3. You agree the Registry reserves
the right to deny, cancel, place on registry-lock or hold, or transfer any
registration that it deems necessary, in its sole discretion: (a) to protect
the integrity and stability of the registry system; (b) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (c) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, employees, and stockholders; (d) per the terms of the
Registry-Registrant Agreement (available at
http://www.icmregistry.com/about/policies/registry-registrant-agreement/) (e)
for violations of this registration agreement; (f) for the non-payment of fees
by Registrar; or (g) to correct mistakes made by Registry or any registrar of
record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
4. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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, (b) refunds or credits from the Registry for any
errors or mistakes caused by the Registrar, and (c) the results of any dispute
over a sunrise registration.
6. You agree to be bound by the
policies, procedures and practices for the Registry's Limited Registration
periods.
7. You agree to comply with the
public interest commitments as set forth in Specification 11 in the Registry
Agreement (available at
https://www.icann.org/resources/agreement/adult-2014-10-16-en for .ADULT, at
https://www.icann.org/resources/agreement/porn-2014-10-16-en for .PORN and at
https://www.icann.org/resources/agreement/sex-2014-11-13-en for .SEX), and
Government Advisory Committee safeguards as published or provided to the
Registrar by the Registry.
8. You understand and agree Registry
Operator may label your site, or any site to which the domain name redirects irrespective
of the top-level domain, for child protection purposes.
APPENDIX 'BQ'
JIANGSU BANGNING SCIENCE &
TECHNOLOGY CO., LTD. SPECIFIC CONDITIONS -
Should you seek to register a .TOP
TLD ("Registry TLD") from Jiangsu Bangning Science & Technology
Co., Ltd. ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
.TOP domain registrations.
1. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry
TLDs established from time to time by the Registry.
3. You agree to comply with all
Registry policies (available at http://www.nic.top/en/policy.asp) and agree
that the Registry policies are incorporated into this Registration Agreement.
APPENDIX 'BR'
DOT-IRISH LLC SPECIFIC CONDITIONS -
Should you seek to register a .IRISH
TLD ("Registry TLD") from Dot-Irish LLC ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .IRISH domain registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time.
2. You agree to immediately correct
and update the Registration Information for the Registered Name Holder upon any
change.
3. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the Registration Agreement; (e)
for the non-payment of fees by Registrar, or (f) to correct mistakes made by
Registry or any Registrar in connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or similar
status a domain name during resolution of a dispute.
4. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without any
sunrise period, limited registration period, or landrush period, and the
dispute resolution policies and rights protection mechanisms mandated by ICANN
or the Registry, and further to acknowledge that Registry has 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.
APPENDIX 'BS'
MONOLITH REGISTRY LLC SPECIFIC
CONDITIONS -
Should you seek to register a .VOTE
or a .VOTO TLD ("Registry TLDs") from Monolith Registry LLC
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .VOTE and .VOTO
domain registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time by the Registry.
2. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
3. You agree that the Registry
reserves the right to deny, cancel, place on registry-lock or hold, or transfer
any registration that it deems necessary, in its sole discretion: (a) to
protect the integrity and stability of the registry system; (b) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process; (c) to avoid any liability,
civil or criminal, on the part of Registry, as well as its affiliates,
subsidiaries, officers, directors, employees, and stockholders; (d) per the
terms of this registration agreement; (e) for the non-payment of fees by
Registrar; or (f) to correct mistakes made by Registry or any registrar of
record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
4. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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.
5. You agree to comply with the
public interest commitments as set forth in Specification 11 in the Registry
Agreement (available at https://www.icann.org/resources/agreement/vote-2013-11-21-en
for .VOTE and at https://www.icann.org/resources/agreement/voto-2013-11-21-en
for .VOTO), community registration policies as set forth in Specification 12 in
the Registry Agreement (available at https://www.icann.org/resources/agreement/vote-2013-11-21-en
for .VOTE and at https://www.icann.org/resources/agreement/voto-2013-11-21-en
for .VOTO) and Government Advisory Committee safeguards as published or
provided to the Registrar by the Registry.
APPENDIX 'BT'
INTERNATIONAL DOMAIN REGISTRY PTY LTD
SPECIFIC CONDITIONS -
Should you seek to register a شبكة.
(".SHABAKA") ("Registry TLD") from the International Domain
Registry Pty Ltd ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all .SHABAKA domain registrations.
1. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
2. You agree to comply with all ICANN
rights protection mechanisms (available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en),
and to submit to any proceedings brought in accordance with ICANN rights
protection mechanisms.
3. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
4. You agree to comply with the
Registry's published policies (available at
http://www.dotshabaka.com/policies-en.php).
5. You represent you have the
authority to enter into the registration agreement.
6. You agree and understand that the
application for a domain name may not result in the domain name being
registered to you.
7. You agree and understand certain
domain names may not be available.
8. You agree that the Registry may
reserve certain domain names.
9. You agree that during certain
periods, multiple applications for the same domain name may be accepted, that
those applications will be subject to allocation procedures established by the
Registry, and that you will pay the applicable fees for the allocation
procedure.
10. You agree the Registry may
prevent a domain registration, or cancel, lock, place on hold, transfer or
delete any domain name it deems necessary in its sole discretion.
11. You agree to the price for the
domain name and additional services displayed on our website.
12. You agree that the price for registration
of the domain name and the price for renewal of the domain name may be
different.
13. You agree that no refund will be
offered for your failure to review or understand the fees.
14. You agree the Registry or its
service providers may contact you in relation to your domain name.
15. You agree that your failure to
provide sufficient information to verify your domain registration may result in
the rejection of your domain registration application.
16. You must ensure that neither the
registration of the domain, nor the manner in which it is directly or
indirectly used infringes the intellectual property rights of any third party.
APPENDIX 'BU'
BESTTLD PTY LTD. SPECIFIC CONDITIONS
-
Should you seek to register a .BEST
TLD ("Registry TLD") from BESTTLD Pty Ltd. ("Registry"),
you must agree to be bound by the following additional terms. In the event that
a term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .BEST domain registrations.
1. You agree to comply with the
Registrant Agreement (available at http://aboutus.best/registrantagreement/)
and Registry Policies (available at http://aboutus.best/overview.html),
operational standards, policies, procedures and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
2. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP),
the Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), or any
other dispute resolution mechanism imposed by ICANN and/or organized by
Registry (available at http://aboutus.best/overview.html).
3. You are obliged and required to
ensure that your use of a domain name in the Registry TLD is at all times
lawful and in accordance with the requirements of the Registry Polices and
applicable laws and regulations, including those of the Registrant's country of
residence and ICANN Consensus Policies, including but not limited to those that
relate to privacy, data collection, consumer protection (including in relation
to misleading and deceptive conduct), fair lending, debt collection, disclosure
of data, and financial disclosures.
4. If you collect and maintain
sensitive health and financial data using a Registry TLD registration, you must
implement reasonable and appropriate security measures commensurate with the
offering of those services, as defined by applicable law. Where applicable, you
represent that you possesses any necessary authorizations, charters, licenses
and/or other related credentials for participation in the sector associated
with the Registry TLD; material changes to the validity of such credentials
must be reported to the Registry.
5. You must comply with any ICANN
standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
APPENDIX 'BV'
NATIONAL INTERNET EXCHANGE OF INDIA
SPECIFIC CONDITIONS -
Should you seek to register a an IDN
TLD such that .भारत, .ভারত, .భారత్, .ભારત,
بھارت.,
.இந்தியா, and .ਭਾਰਤ ("Registry TLD") from
National Internet Exchange of India ("Registry"), you must agree to
be bound by the Registry Terms and Conditions for Registrants (available at
https://www.registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_2.pdf).
In the event that a term in the Registry Terms and Conditions conflicts with
the Registration Agreement, the terms of the Registry Terms and Conditions
shall apply to any and all IDN TLD domain registrations from Registry.
APPENDIX 'BW'
.KIWI SPECIFIC CONDITIONS -
Should you seek to register a .KIWI
top level domain, you must agree to be bound by the following additional terms.
In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .KIWI domain
registrations.
1. You acknowledge and agree that Dot
Kiwi Limited ("Registry Operator") reserves the right to deny,
cancel, or transfer any registration or transaction, or place any domain
name(s) on registry lock, hold, or similar status as it deems necessary, in its
unlimited and sole discretion: (a) to comply with specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet (e.g., RFCs); (b) to correct mistakes made by Registry Operator or
registrar of record in connection with a domain name registration; (c) if
required by a URS, UDRP, DRS, or CRS proceeding; or (d) for the non-payment of
fees to Registry Operator.
2. You agree to comply with all
Registry Operator policies set forth on the Registry Operator's website at
https://hello.kiwi/policies.
3. You agree to submit to the Uniform
Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS),
Dispute Resolution Service (DRS), Complaint Resolution Service (CRS), available
at https://hello.kiwi/policies, and the Inter-Registrar Transfer Policy,
available at http://www.icann.org/en/resources/registrars/transfers/policy,
each in their most recent form and each as may be amended from time to time.
APPENDIX 'BX'
.ONE SPECIFIC CONDITIONS -
Should you seek to register a .ONE
TLD ("Registry TLD") from One Registry ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .ONE domain registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time.
2. You acknowledge and agree the
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion: (a) to
protect the integrity and stability of the registry; (b) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (c) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, and employees; (d) per the terms of the registration
agreement or (e) to correct mistakes made by Registry or any Registrar in
connection with a domain name registration.
3. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
4. You agree to immediately correct
and update the registration information for the domain name during the
registration term for, including personal data associated therewith.
APPENDIX 'BY'
.CEO SPECIFIC CONDITIONS -
Should you seek to register a .CEO
TLD ("Registry TLD") from CEOTLD Pty Ltd. ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .CEO domain registrations.
1. You agree to comply with any ICANN
standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry.
3. You agree to comply with the
Registry's policies, including the Registrant Agreement, (available at
https://drive.google.com/folderview?id=0B_Dl_papOCW3ZU14cTQtUVYtWW8&usp=sharing),
operational standards, policies, procedures and practices for the Registry TLD
established by Registry.
4. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion: (a) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g. RFCs); (b) to correct mistakes
made by the Registry or any Registrar in connection with a domain name
registration; (c) if required by a URS, UDRP, CRS proceeding; or (d) for the
non-payment of fees to the Registry.
5. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy (UDRP),
the Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), or any
other dispute resolution mechanism imposed by ICANN and/or organized by
Registry, and the Inter-Registrar Transfer Policy (IRTP).
APPENDIX 'BZ'
TLD REGISTRY LTD. SPECIFIC CONDITIONS
-
Should you seek to register a .在线 or .中文网 TLD (dot Chinese Online and dot
Chinese Website, respectively) ("Registry TLDs") from TLD Registry
Ltd. ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all .在线 or .中文网 domain registrations.
1. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time.
2. You agree to immediately correct
and update the registration information for the domain name during the
registration term, including personal data associated therewith.
3. You acknowledge and agree the
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion: (a) to
protect the integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the registration agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. The Registry also reserves the right to lock a domain
name during the resolution of a dispute.
4. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
5. You agree the Registry has 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 the ability or inability to obtain a domain name or the
results of any dispute over a sunrise registration.
APPENDIX 'CA'
.SKI SPECIFIC CONDITIONS -
Should you seek to register a .SKI
TLD ("Registry TLD") from Starting Dot Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .SKI domain
registrations.
1. You acknowledge and agree that the
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the Registration Agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
3. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy
("UDRP"), the Uniform Rapid Suspension ("URS"), or any
other dispute resolution mechanism imposed by ICANN and/or organized by Registry,
available at http://www.dot-ski.com/.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term for, including personal data associated therewith.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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.
6. You acknowledge that you have
received all Registry Policies, including those found in this Registration
Agreement, the .BIO Domain Name Policy available at
https://www.startingdot.com/dnp/ski/, and other Registry Policies available at
https://www.startingdot.com/policies/.
7. You must comply with any ICANN
standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other arrangement
with ICANN.
APPENDIX 'CB'
I-REGISTRY LTD. SPECIFIC CONDITIONS -
Should you seek to register a .RICH
or a .ONL TLD ("Registry TLD") from I-Registry Ltd.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .RICH and .ONL
domain registrations.
1. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
2. You acknowledge and agree that
Registry reserves the right to change the status of the domain name during the
resolution of a dispute or a compliance audit procedure (e.g. put on hold,
lock), as well as to deny, cancel, modify or transfer any registration as it
deems necessary, in its unlimited and sole discretion to: (a) protect the
integrity, security and stability of the registry system; (b) comply with all
appropriate laws, government rules or relevant authority, or in compliance with
any dispute resolution process; (c) avoid any liability of Registry, its
affiliates, shareholders, subsidiaries, officers, directors, and employees;
stop or prevent any violations of any terms and conditions of this Registration
Agreement; (d) correct mistakes made by Registry, Registry service providers,
or any registrar in relation to a Domain Name registration; and (e) ensure
compliance with ICANN and/or Registry policies.
3. You, as the Registrant
acknowledges having read and understood and agrees 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 Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
b. The Uniform Rapid Suspension
Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
c. The Transfer Dispute Resolution
Policy, available at http://www.icann.org/en/help/dndr/tdrp.
4. You agree to comply with all
Registry policies, including those available at
http://www.i-registry.com/policies.htm, including the Anti-Abuse policies and
Terms of Service, if any, as they may be instituted. You further agree that the
German versions of the policies govern and the English versions are provided
for convenience only.
5. You acknowledge and agree that the
Registry is and shall be an intended third party beneficiary of the obligations
you undertake under your registration agreement with the Registrar and these
registration terms. You acknowledge and agree that the Registry's third party
beneficiary rights have vested, and shall survive any termination or expiration
of your registration or reservation.
6. You agree the Registry is entitled
at any time during the term of this Registration Agreement to verify the
accuracy and completeness of any information provided.
7. You agree you are fully responsible
for the registration and use of the registered domain name.
8. You agree that if you use a proxy,
privacy, and/or third-party service provider to register a domain name on your
behalf, the proxy, privacy and/or third-party service provider will be deemed
to be the domain registrant and any actions and/or inactions that are in
violation of any applicable policies, rules, procedures, terms, conditions,
regulations and/or applicable law are the responsibility of the registrant.
APPENDIX 'CC'
.TIROL SPECIFIC CONDITIONS -
Should you seek to register a .TIROL
TLD ("Registry TLD") from punkt Tirol GMbH ("Registry"),
you must agree to be bound by the following additional terms. In the event that
a term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .TIROL domain registrations.
1. You agree to be bound by the terms
and conditions of the Registry policies (available at http://www.nic.tirol/).
2. You agree the Registry reserves
the right to deny, cancel, place on registry-lock or hold, or transfer any
registration that it deems necessary, in its sole discretion: (a) to protect
the integrity and stability of the registry system; (b) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (c) to comply with applicable ICANN rules or
regulations; (d) to avoid any liability, civil or criminal, on the part of
Registry, as well as its affiliates, subsidiaries, officers, directors,
employees, and stockholders; (e) per the terms of the registry agreement
(available at https://www.icann.org/resources/agreement/tirol-2014-04-24-en)
(f) to correct mistakes made by Registry or any registrar of record in
connection with a domain name registration. The Registry also reserves the
right to lock or place on hold a domain name during the resolution of a
dispute.
3. You agree to submit to proceedings
commenced under other dispute policies as set forth by Registry, including but
not limited to processes for the suspension of a domain name pursuant to claims
made by intellectual property right holders, Internet engineering and security
experts, or other competent claimants for the purpose of upholding the
stability, security, and integrity of the Registry.
4. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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, (b) the results of any dispute over a sunrise
registration.
APPENDIX 'CD'
.JETZT SPECIFIC CONDITIONS -
Should you seek to register a .JETZT
TLD ("Registry TLD") from New TLD Company AB ("Registry"),
you must agree to be bound by the following additional terms. In the event that
a term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .JETZT domain registrations.
1. You agree that the Registry
reserves the right to deny, cancel, place on registry-lock or hold, or transfer
any registration that it deems necessary, in its sole discretion: (a) to
protect the integrity and stability of the registry system; (b) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process; (c) to avoid any liability,
civil or criminal, on the part of Registry, as well as its affiliates,
subsidiaries, officers, directors, employees, and stockholders; (d) for
violations of this Registration Agreement; or (e) to correct mistakes made by
Registry or any registrar of record in connection with a domain name
registration. The Registry also reserves
the right to lock or place on hold a domain name during the resolution of a
dispute.
2. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
3. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry.
4. You acknowledge having 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 by reference and made an integral part of this Registration
Agreement:
(i) The Uniform Domain Name Dispute
Resolution Policy (available at http://www.icann.org/en/help/dndr/udrp/policy);
and
(ii) The Uniform Rapid Suspension
policy (available at https://www.icann.org/resources/pages/urs-2014-01-09-en).
The UDRP and URS set forth the terms
and conditions in connection with a dispute between a Registered Name Holder
and any party other than the Registry or registrar of record over the
registration and use of a domain name registered by Registered Name Holder.
5. You certify that:
(i) the data provided in the domain
name registration application is true, correct, and complete;
(ii) you will keep the Registration
Information up to date; and
(iii) you consent to the collection
and use of your personal data per the Registry's Privacy Policy (available at
http://www.newtldcompany.com/media/Jetzt_Privacy-Policy.pdf).
APPENDIX 'CE'
DNS BELGIUM VZW SPECIFIC CONDITIONS -
Should you seek to register a
.BRUSSELS or .VLAANDEREN TLD ("Registry TLD") from DNS Belgium vzw
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .BRUSSELS and
.VLAANDEREN domain registrations.
1. You agree to comply with the
Registry TLD policies (available at http://dnsbelgium.be/).
2. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) if and when the
Registry does not hold complete and accurate information as described in the
respective Registry TLD policies, or is not in compliance with any other
provision of such TLD Policies; (b) to protect the integrity and stability of
the shared registry system, and/or the operation and/or management of one or
more TLDs; (c) in order to comply with applicable laws and regulations, and/or
any decision by a competent court of administrative authority and/or any
dispute resolution service provider the Registry may hereafter retain to
oversee the arbitration and mediation of disputes; and/or any other applicable
laws, regulations, policies or decrees; (d) to avoid any liability on behalf of
the Registry, including their respective affiliates, directors, officers,
employees, subcontractors and/or agents; or (e) following the outcome of a
Sunrise Reconsideration Proceeding (as defined in the respective TLD Policies).
APPENDIX 'CF'
.COURSES and .STUDY SPECIFIC
CONDITIONS -
Should you seek to register a
.COURSES or .STUDY TLD ("Registry TLD") from the Open Universities
Australia Pty. Ltd. ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all .COURSES and .STUDY domain registrations.
1. You agree that Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to protect the
integrity and stability of the Registry System; (b) to comply with its
obligations as a Registry Operator; (c) to comply with any applicable laws,
government rules or requirements, requests of law enforcement, or in compliance
with any dispute resolution policies or process; (d) to avoid any liability,
civil or criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, employees and subcontractors; (e) to ensure
compliance with Registry policies; (f) to stop or prevent any violations of any
terms and conditions of the Registration Agreement; (g) for the non-payment to
the Registry Operator of any fee; or (h) to correct mistakes made by the
Registry Operator or any Registrar or any of its service provide in connection
with an application or a domain name.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry, including the registration
policies (available at http://nic.courses/ for .COURSES and at
http://nic.study/ for .STUDY).
3. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
4. You agree to comply with all ICANN
standards, policies, procedures and practices.
5. You agree that the TLD may have
non-uniform pricing and the cost of initial registration may differ from the
cost of renewal.
6. You represent and warrant you have
the authority to enter into this Registration Agreement.
7. You agree that your application
may not result in a domain name registration, that some domain names are
unavailable.
8. You agree that some domain names
will be subject to the Registry's special allocation procedure and that such
domain names may require payment of additional fees.
9. You agree to pay all fees
associated with the application for your domain name and that no refund will be
available for your failure to understand the fees.
10. You agree you may be contacted by
the Registry or its service providers in relation to your domain name
registration.
11. You agree that your failure to
provide adequate information to verify your domain name registration
application may result in your application being cancelled.
APPENDIX 'CG'
.FILM SPECIFIC CONDITIONS -
Should you seek to register a .FILM
TLD ("Registry TLD") from the Motion Picture Domain Registry Pty.
Ltd. ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.FILM domain registrations.
1. You agree that Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to protect the
integrity and stability of the Registry System; (b) to comply with its
obligations as a Registry Operator; (c) to comply with any applicable laws,
government rules or requirements, requests of law enforcement, or in compliance
with any dispute resolution policies or process; (d) to avoid any liability,
civil or criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, employees and subcontractors; (e) to ensure
compliance with Registry policies; (f) to stop or prevent any violations of any
terms and conditions of the Registration Agreement; (g) for the non-payment to
the Registry Operator of any fee; or (h) to correct mistakes made by the
Registry Operator or any Registrar or any of its service providers in
connection with an application or a domain name.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry, including the registration
policies (available at http://go.film/policies/).
3. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
4. You agree to comply with all ICANN
standards, policies, procedures and practices.
5. You agree that the TLD may have
non-uniform pricing and the cost of initial registration may differ from the
cost of renewal.
6. You represent and warrant you have
the authority to enter into this Registration Agreement.
7. You agree that your application
may not result in a domain name registration, that some domain names are unavailable.
8. You agree that some domain names
will be subject to the Registry's special allocation procedure and that such
domain names may require payment of additional fees.
9. You agree to pay all fees
associated with the application for your domain name and that no refund will be
available for your failure to understand the fees.
10. You agree you may be contacted by
the Registry or its service providers in relation to your domain name
registration.
11. You agree that your failure to
provide adequate information to verify your domain name registration
application may result in your application being cancelled.
APPENDIX 'CH'
.LTDA and .SLR SPECIFIC CONDITIONS -
Should you seek to register a .LTDA
or .SLR TLD ("Registry TLD") from InterNetX Corp. ("Registry"),
you must agree to be bound by the following additional terms. In the event that
a term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .LTDA or .SLR domain registrations.
1. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
2. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time.
3. You represent you possess any
necessary authorizations, charters, licenses, and/or other related credentials
for participation in the sector associated with this TLD.
4. You agree to comply with all
applicable laws including those that relate to privacy, data collection,
organic farming, disclosure of data and financial regulations.
5. You agree to provide, and report
any changes to, contact information for the relevant regulatory, or industry self-regulatory,
bodies in your main place of business. This information may be submitted to
[email protected].
6. You acknowledge and agree that if
you collect and maintain sensitive health and financial data you must implement
reasonable and appropriate security measures commensurate with the offering of
those services, as defined by applicable law.
7. You agree to comply with all ICANN
standards, policies, procedures and practices as may be adopted or amended from
time to time.
8. You agree to comply with the
Registry's Acceptable Use Policy and Eligibility Policy (each available at
https://www.internetx.info/).
9. You agree the Registry reserves
the right to deny, cancel, place on registry-lock or hold, or transfer any
registration that it deems necessary, in its sole discretion: (a) to protect
the integrity and stability of the registry system; (b) to comply with any
applicable laws, government rules or requirements, requests of law enforcement,
or any dispute resolution process; (c) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, employees, and stockholders; (d) per the terms of the
registration agreement; (e) for the non-payment of fees by Registrar; (f) to
correct mistakes made by Registry or any registrar of record in connection with
a domain name registration. The Registry also reserves the right to lock or
place on hold a domain name during the resolution of a dispute.
10. You agree to be bound by the
terms and conditions of the initial launch of the Registry TLD, including
without limitation any sunrise period, limited registration period or land rush
period and further to acknowledge that Registry has 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, (b) the results of any dispute over a sunrise registration.
APPENDIX 'CI'
.BAYERN SPECIFIC CONDITIONS -
Should you seek to register a .BAYERN
TLD ("Registry TLD") from Bayern Connect GmbH (Ltd.)
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .BAYERN domain
registrations.
1. You agree the Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by
any industry group generally recognized as authoritative with respect to the
Internet (e.g. RFCs); (b) to correct mistakes made by the Registry or any
registrar in connection with a domain name registration; (c) if required by a
URS or UDRP, proceeding; (d) under the terms of the Registry Policies; or (e)
for the non-payment of fees to the Registry.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period, or land rush period, and the dispute resolution
policies and rights protection mechanisms mandated by ICANN or the Registry,
and further to acknowledge the Registry has no liability of any kind for any
loss or liability resulting from the proceedings and processes relating to the
sunrise period, land rush period or other period associated with the initial
launch of the Registry TLD, including, without limitation: (a) the ability or
inability of a registrant to obtain a registration during these periods, and
(b) the results of any dispute resolution process regarding a registration.
3. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term.
5. You agree that Registry is
entitled to verify (a) the truth, accuracy and completeness of any information
provided by the Registered Name Holder; and (b) the compliance of the
Registered Name Holder with the Registry's Policies.
6. You agree to submit to the Uniform
Domain Name Dispute Resolution Policy
(https://www.icann.org/resources/pages/help/dndr/udrp-en), Uniform Rapid
Suspension (http://newgtlds.icann.org/en/applicants/urs), the Inter-Registrar
Transfer Policy (http://www.icann.org/en/resources/registrars/transfers/policy),
and the Registry's Registry Policies
(http://nic.bayern/die-bayern-domain-en-gb/guidelines/) each in their most
recent form and each as may be amended from time to time.
7. You agree to comply with all ICANN
standards, policies, procedures and practices for which the Registry has
monitoring responsibility.
8. You agree that neither the
registration of the domain, nor the manner in which it is used, infringes the
legal rights of any third party or violates any applicable law or regulation.
9. You agree to comply with all
applicable laws including those that relate to privacy, data collection,
consumer protection (including in relation to misleading and deceptive conduct)
and applicable consumer laws in respect of fair lending, debt collection,
organic farming (if applicable), disclosure of data and financial regulations.
10. You agree that if you collect and
maintain sensitive health and/or financial data, you will comply with
applicable laws on the provision of such services and including security
measures applicable to that sector.
APPENDIX 'CJ'
.BIO SPECIFIC CONDITIONS -
Should you seek to register a .BIO
TLD ("Registry TLD") from Starting Dot Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .BIO domain
registrations.
1. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the Registration Agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
3. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy
("UDRP"), the Uniform Rapid Suspension ("URS"), or any
other dispute resolution mechanism imposed by ICANN and/or organized by
Registry, available at http://www.domains.bio/landing/.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term for, including personal data associated therewith.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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.
6. You acknowledge that you have
received all Registry Policies, including those found in this Registration
Agreement, the .BIO Domain Name Policy available at
https://www.startingdot.com/dnp/bio/, and other Registry Policies available at
https://www.startingdot.com/policies/.
7. You must comply with any ICANN standards,
policies, procedures, and practices for which Registry has monitoring
responsibility in accordance with the Registry Agreement or other arrangement
with ICANN.
APPENDIX 'CK'
.ARCHI SPECIFIC CONDITIONS -
Should you seek to register a .ARCHI
TLD ("Registry TLD") from Starting Dot Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .ARCHI domain
registrations.
1. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its discretion; (a) to protect the
integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the registration agreement or
(e) to correct mistakes made by Registry or any Registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You must comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
3. You agree to submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy
("UDRP"), the Uniform Rapid Suspension ("URS"), or any
other dispute resolution mechanism imposed by ICANN and/or organized by
Registry, available at http://dot-archi.com/.
4. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term for, including personal data associated therewith.
5. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, and the Sunrise Dispute
Resolution Policy, and further to acknowledge that Registry has 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.
6. You acknowledge that you have
received all Registry Policies, including those found in this Registration
Agreement, the .ARCHI Domain Name Policy available at
https://www.startingdot.com/dnp/archi/, and other Registry Policies available
at https://www.startingdot.com/policies/.
7. You must comply with any ICANN
standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
APPENDIX 'CL'
.MELBOURNE and .SYDNEY SPECIFIC
CONDITIONS -
Should you seek to register a
.MELBOURNE or .SYDNEY TLD ("Registry TLD") from the State of Victoria
or the State of New South Wales, respectively ("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this section conflicts with the Registration Agreement, the terms of this
section shall apply to any and all .MELBOURNE and .SYDNEY domain registrations.
1. You agree that Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to protect the
integrity and stability of the Registry System; (b) to comply with its
obligations as a Registry Operator; (c) to comply with any applicable laws,
government rules or requirements, requests of law enforcement, or in compliance
with any dispute resolution policies or process; (d) to avoid any liability,
civil or criminal, on the part of Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, employees and subcontractors; (e) to ensure
compliance with Registry policies; (f) to stop or prevent any violations of any
terms and conditions of the Registration Agreement; (g) for the non-payment to
the Registry Operator of any fee; or (h) to correct mistakes made by the
Registry Operator or any Registrar or any of its service providers in
connection with an application or a domain name.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry, including the registration
policies (available at http://nic.melbourne/policies/ for .MELBOURNE and at
http://nic.sydney/policies/ for .SYDNEY).
3. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
4. You agree to comply with all ICANN
standards, policies, procedures and practices.
5. You agree that the TLD may have
non-uniform pricing and the cost of initial registration may differ from the
cost of renewal.
6. You represent and warrant you have
the authority to enter into this Registration Agreement.
7. You agree that your application
may not result in a domain name registration, that some domain names are
unavailable.
8. You agree that some domain names
will be subject to the Registry's special allocation procedure and that such
domain names may require payment of additional fees.
9. You agree to pay all fees
associated with the application for your domain name and that no refund will be
available for your failure to understand the fees.
10. You agree you may be contacted by
the Registry or its service providers in relation to your domain name
registration.
11. You agree that your failure to
provide adequate information to verify your domain name registration
application may result in your application being cancelled.
APPENDIX 'CM'
.CLOUD SPECIFIC CONDITIONS -
Should you seek to register a .CLOUD
("Registry TLD") from Aruba PEC SpA ("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this section conflicts with the Registration Agreement, the terms of this
section shall apply to any and all .CLOUD.
1. You agree that Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole discretion: (a) to protect the
integrity and stability of the Registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of the Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the registration agreement; (e)
to correct mistakes made by Registry or any registrar in connection with a
domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period or landrush period, the procedure and process for
compliance with the ICANN Trademark Clearinghouse, and any sunrise dispute
resolution policy. You further agree the Registry has no liability resulting
from the proceedings, or for the ability or inability of a registrant to obtain
a domain name or the results of any dispute over a sunrise registration.
3. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry, including the policies available
on the Registry's website (available at https://nic.cloud/policies.aspx).
4. You agree to comply with all
applicable laws, including those that relate to privacy, data collection,
consumer protection (including in relation to misleading and deceptive
conduct), fair lending, debt collection, organic farming, disclosure of data,
and financial disclosures.
5. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
APPENDIX 'CN'
.CO.COM SPECIFIC CONDITIONS -
Should you seek to register a .CO.COM
SLD ("Registry SLD") from co.com LLC ("Registry"), you must
agree to comply with the Registry’s co.com Registrant Terms and Conditions
(available at
https://registry.co.com/policy/registrant-terms-conditions/). In the event that a term in the co.com Registrant Terms and Conditions
conflicts with the Registration Agreement, the terms of the co.com Registrant
Terms and Conditions shall apply to any and all .CO.COM domain registrations.
APPENDIX 'CO'
.JOBS SPECIFIC CONDITIONS -
Should you seek to register a .JOBS
("Registry TLD") from Employ Media LLC ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .JOBS domain registrations.
1. You represent and warrant that you
comply with (a) the registrant eligibility requirements, including the
qualifications and use restrictions set Registry-Registrant agreement,
available at http://nic.jobs/reg.agreement.asp.
2. You agree to comply with the terms
of the Registry-Registrant agreement, available at
http://nic.jobs/reg.agreement.asp.
3. You agree the Registry in its sole
discretion may revoke, cancel, deny, transfer, suspend, terminator or otherwise
modify your rights regarding a registered domain without any notice in the
event of non-compliance with any Registry or Registry policy or agreement.
4. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry.
5. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
6. You agree to comply with all
Registry and Registrar requirements and protocols to exchange domain
registration information.
7. You acknowledge and agree that the
Registry is and shall be an intended third party beneficiary of this agreement
with a right to enforce the terms and provisions contained within the
agreement.
APPENDIX 'CP'
TOP LEVEL DESIGN LLC Registry
SPECIFIC CONDITIONS -
Should you seek to register a TLD
from Top Level Design LLC (“Registry”), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .WIKI, .INK, .DESIGN domain registrations.
1. You agree the Registry reserves
the right to deny, cancel, place on registry-lock or hold, or transfer any
registration that it deems necessary, in its sole discretion:
(1) to protect the integrity and
stability of the registry system;
(2) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process;
(3) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, employees, and stockholders;
(4) per the terms of the
Registry-Registrant Agreement (available here)
(5) to correct mistakes made by
Registry or any registrar of record in connection with a domain name
registration. The Registry also reserves the right to lock or place on hold a
domain name during the resolution of a dispute.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation the sunrise period and the land rush period, the procedure and
process for compliance with the ICANN Trademark Clearinghouse and any Sunrise
Dispute Resolution Policy, and further that Registry has 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:
(1) the ability or inability of a
registrant to obtain a registered name during these periods,
(2) the results of any dispute over a
sunrise registration.
3. You agree to comply with the
operational standards, policies, procedures and practices as established by the
Registry, including without limitation the Registry’s service provider
policies, available at https://www.centralnic.com/support/terms/domains, and
the Registry’s policies, available at http://toplevel.design/policy/.
4. You agree to comply with all
applicable laws including those that relate to privacy, data collection,
consumer protection (including in relation to misleading and deceptive conduct)
and applicable consumer laws in respect of fair lending, debt collection,
organic farming (if applicable), disclosure of data and financial regulations.
5. You understand and agree to comply
with all ICANN standards, policies, procedures and practices for which the
Registry has monitoring responsibility.
6. You agree that if you collect and
maintain sensitive health and/or financial data, you will comply with
applicable laws on the provision of such services and including security
measures applicable to that sector.
7. You agree that the TLD may have
non-uniform pricing and the cost of initial registration may differ from the
cost of renewal.
APPENDIX 'CQ'
Should you seek to register a .BOATS,
.HOMES and .YACHTS gTLD from Dominion Registries (“Registry”), you must agree
to be bound by the following additional terms. In the event that a term
in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
Dominion Registries.
1. You agree to be bound by the terms
of the Registry’s policies, including the Registration Policy (for .BOATS
(http://domains.boats/Policies), for .HOMES (http://domains.homes/Policies)
and for .YACHTS
(http://domains.yachts/Policies)).
2. You agree you satisfy the
eligibility requirements for the TLD as specified in the Registration Policy
(for .BOATS (http://domains.boats/Policies), for .HOMES
(http://domains.homes/Policies) and
for .YACHTS (http://domains.yachts/Policies)) for the respective TLD.
3. You agree your domain name may not
be allocated until the Registry determines you satisfy the eligibility
requirements.
4. You agree to comply with ICANN
standards, policies, procedures, and practices for which Registry has monitoring
responsibility in accordance with the Registry Agreement or other arrangement
with ICANN.
APPENDIX 'CR'
Should you seek to register a .PHYSIO
TLD (“Registry TLD”) from Phys Biz Pty Ltd (“Registry”), you must agree to be
bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all .PHYSIO domain registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices which are:
(1) published on the Registry’s
website (http://www.registrydotphysio.com/), including without limitation the
Anti-Abuse Policy
(http://nic.physio/data/nic.physio/Acceptable%20Use%20Policy.pdf);
(2) required by the .physio Registry
Agreement (https://www.icann.org/resources/agreement/physio-2014-05-01-en); and
(3) established from time to time by
the Registry in a non-arbitrary manner, consistent with the Registry Agreement
and ICANN’s standards, policies, procedures and practices.
2. You acknowledge and agree the
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold, or similar
status as it deems necessary, in its unlimited and sole discretion:
(1) to comply with specifications
adopted by any industry group generally recognized as authoritative with
respect to the Internet (e.g. RFCs);
(2) to correct mistakes made by the
Registry or any registrar in connection with a domain name registration;
(3) if required by a URS or UDRP,
proceeding;
(4) under the terms of the Registry
Policies; and
(5) for the non-payment of fees to
the Registry.
3. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
4. You warrant that you satisfy all
the registration requirements to hold a registered name in the Registry TLD,
including, but not limited to the requirements identified in the Registry’s
policies (http://www.registrydotphysio.com/).
5. You agree that if you make a
sunrise application, participate in a sunrise auction, make a Limited
Registration Period application, or participate in a Limited Registration
Period auction, you will purchase the domain if it is allocated to you. More information about the Limited
Registration Period can be found under the Launch section of the Registry’s
website http://www.registrydotphysio.com/).
6. If you submitted a sunrise
application, you agree to submit to any proceedings initiated under the Sunrise
Dispute Resolution Policy
(http://nic.physio/data/nic.physio/Sunrise%20Dispute%20Resolution%20Policy.pdf).
7. You agree the landrush and sunrise
application fees are non-refundable.
8. You agree that whois privacy may
only be used by private individuals using the domain name for non-commercial
purposes.
9. You agree to comply with all
applicable laws, including those that relate to privacy, data collection,
consumer protection (including in relation to misleading and deceptive
conduct), fair lending, debt collection, organic farming, disclosure of data,
and financial disclosures.
10. You agree that if you collect and
maintain sensitive health and/or financial data to implement reasonable and
appropriate security measures commensurate with the offering of those services,
as defined by applicable law.
APPENDIX 'CS'
Should you seek to register a .TUBE
TLD ("Registry TLD") from Latin American Telecom, LLC
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .TUBE domain
registrations.
1. You agree that Registry reserves
the right to deny, cancel or transfer any registration or transaction, or place
any domain name(s) on registry lock, hold or similar status, that it deems
necessary, in its discretion;
(1) to comply with specifications
adopted by any industry group generally recognized as authoritative with
respect to the Internet (e.g., RFCs),
(2) to correct mistakes made by
Registry or any registrar of record in connection with a domain name
registration, or
(3) for the non-payment of fees to
Registry.
2. You agree to comply with all
applicable ICANN policies and Registry policies for resolution of disputes
concerning domain names.
3. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry.
4. You agree to comply with
Registry’s Acceptable Use policies, and Terms of Service, as they may be
instituted or updated from time to time and published on the Registry website
(http://www.nic.tube/).
5. The Registrant acknowledges having
read and understood and agrees 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:
(1) The Uniform Domain Name Dispute
Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(2) The Uniform Rapid Suspension
Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
(3) The Transfer Dispute Resolution
Policy, available at http://www.icann.org/en/help/dndr/tdrp.
APPENDIX 'CT'
Should you seek to register a .BR TLD
("Registry TLD") from The Brazilian Network Information Center
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .BR domain
registrations.
1. You agree to comply with all
operational standards, policies, procedures and practices for the Registry.
2. You acknowledge and agree that domain
names in the Registry TLD are provided "as is", "with all
faults" and "as available." The Registry, its affiliates and
service providers, make no express warranties or guarantees about such domain
names.
3. You agree to comply with the rules
of the CGI.br Resolution 002/2005 and its annex.
APPENDIX 'CU'
.BROKER, .FOREX and .TRADING SPECIFIC
CONDITIONS -
Should you seek to register a
.BROKER, .FOREX or .TRADING TLD from DotBroker Registry Limited, DotForex
Registry Limited or DotTrading Registry Limited, respectively (“Registry”), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all a .BROKER, .FOREX or .TRADING domain
registrations.
1. You agree the Registry is entitled
to verify the truth, accuracy and completeness of any information you provide.
You further agree to fully comply and cooperate with the Registry with such
verification and to furnish all requested documentation.
2. You represent you possess any
necessary authorizations, charters, licenses, and/or other related credentials
for participation in the sector associated with this TLD.
3. You agree to provide, and report
any changes to, contact information for the relevant regulatory, or industry
self-regulatory, bodies in your main place of business. This information may be
submitted to [email protected].
4. You agree to comply with the
appropriate regulations and licensing requirements required to conduct
activities in the best interest of your customers.
5. You agree in the event of a
transfer, we and Registry have the right to withhold registration of the
transfer pending confirmation the transferee has the authorizations, charters,
licenses, and/or related credentials.
6. You agree to comply with all
applicable laws, including those that relate to privacy, data collection,
consumer protection (including in relation to misleading and deceptive
conduct), fair lending, debt collection, organic farming, disclosure of data,
and financial disclosures.
7. You agree to comply with all
Registry policies (available here http://nic.broker/registry-policies-rra/ for
.BROKER, here http://nic.forex/registry-policies-rra/ for .FOREX and here http://nic.trading/registry-policies/
for .TRADING), including the Acceptable Use Policy (available here
http://nic.broker/wp-content/uploads/sites/4/2015/09/ANTI-ABUSE-Policy_Broker.pdf
for .BROKER, here http://nic.forex/wp-content/uploads/sites/6/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Forex.pdf
for .FOREX and here
http://nic.trading/wp-content/uploads/sites/3/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Trading-.pdf
for .TRADING).
8. You agree not to enter into any
settlement or compromise of any indemnifiable claim without Registry’s prior
consent, which consent shall not be unreasonably withheld and that this
indemnification obligation shall survive the termination or expiration of the
Registration Agreement for any reason.
9. You acknowledge and agree that if
you collect and maintain sensitive health and financial data you must implement
reasonable and appropriate security measures commensurate with the offering of
those services, as defined by applicable laws, policies and/or regulations.
10. You agree to comply with all
ICANN standards, policies, procedures and practices for which Registry has
monitoring responsibility.
11. You agree to comply with all
operational standards, policies, procedures and practices for the Registry TLD
as established from time to time.
APPENDIX 'CV'
.EARTH, .MOE and .OSAKA SPECIFIC
CONDITIONS -
Should you seek to register a .EARTH,
.MOE or .OSAKA TLD ("Registry TLD") from Interlink Co., LTD
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .EARTH, .MOE
and .OSAKA domain registrations.
1. You agree that Registry reserves
the right to deny, cancel, delete or transfer any registration or transaction,
or place any domain name(s) on registry lock, hold or similar status, as it
deems necessary, in its unlimited and sole 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, or any
dispute resolution process;
(3) to avoid any liability, civil or
criminal, on the part of the Registry, as well as its affiliates, subsidiaries,
officers, directors, and employees;
(4) per the terms of the registration
agreement;
(5) to correct mistakes made by
Registry Operator or any Registrar in connection with a domain name
registration. Registry also reserves the right to place upon registry lock,
hold or similar status a domain name during resolution of a dispute.
2. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period, limited registration period, or land rush
period, and the dispute resolution
policies and rights protection mechanisms mandated by ICANN or the Registry
TLD, and further to acknowledge that Registry has no liability of any kind for
any loss or liability resulting from the proceedings and processes relating to the
sunrise period, limited registration period, land rush period or other period
associated with the initial launch of the Registry TLD, including, without
limitation:
(1) the ability or inability of a
registrant to obtain a Registered Name during these periods, and
(b) the results of any dispute
resolution process regarding a registration.
3. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by the Registry, including the registration
policies (http://nic.moe/en/legal/).
4. You agree to submit to the Uniform
Domain Name Dispute Resolution Policy (http://www.icann.org/en/help/dndr/udrp),
Uniform Rapid Suspension (http://newgtlds.icann.org/en/applicants/urs/procedure-01mar13-en.pdf),
and the Inter-Registrar Transfer Policy
(http://www.icann.org/en/resources/registrars/transfers/policy), each in their
most recent form and each as may be amended from time to time.
5. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term, including personal data associated therewith.
6. You agree to comply with all ICANN
standards, policies, procedures and practices for which Registry has monitoring
responsibility.
7. You agree that the .EARTH TLD will
have non-uniform pricing, such that a registration, renewal, or transfer fee
for a domain may differ from other domain names.
APPENDIX 'CW'
.MX SPECIFIC CONDITIONS -
Should you seek to register a .MX TLD
("Registry TLD") from Network Information Center Mexico, S.C.
("Registry"), you must agree to be bound by the Registry’s policies,
available at
https://www.registry.mx/jsf/static_content/domain/policies_first_new.jsf
APPENDIX 'CX'
.网站 (xn--5tzm5g) (.WEB (Chinese)) SPECIFIC
CONDITIONS –
Should you seek to register a .网站 TLD ("Registry TLD") from Global Website TLD Asia Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .网站 domain registrations.
1. You agree to comply with all ICANN
standards, policies, procedures and practices, as may be adopted or amended
from time to time, for which the Registry has monitoring responsibility.
2. You agree to comply with the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and the Registry
Agreement. Additional or revised Registry operational standards, policies,
procedures, and practices for the Registry TLD shall be effective upon thirty
days’ notice by Registry to Registrar. If there is a discrepancy between the
terms required by the Registry-Registrar Agreement and the terms of this
Registration Agreement, the terms of the Registry-Registrar Agreement shall
supersede those of this Registration Agreement.
3. You agree to be bound by the
public interest commitments (as set forth in Specification 11 to the Registry
Agreement, as amended from time to time), community registration policies (if
applicable, as set forth in Specification 12 to the Registry Agreement, as
amended from time to time), and Government Advisory Committee (“GAC”)
safeguards (as set forth in Exhibit B to the Registry-Registrar Agreement or
otherwise published or provided to us by Registry from time to time) (all
available at
https://www.icann.org/resources/agreement/xn--5tzm5g-2014-12-22-en).
4. You consent to the use, copying,
distribution, publication, modification and other processing of your’s or
Registered Name Holder's Personal Data by Registry and its designees and agents
in a manner consistent with the purposes specified pursuant to this Agreement,
consistent with the terms of the Registry-Registrar Agreement.
5. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term.
6. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD, including without
limitation any sunrise period, or land rush period, and the dispute resolution
policies and rights protection mechanisms mandated by ICANN or the Registry,
and further to acknowledge the Registry has no liability of any kind for any
loss or liability resulting from the proceedings and processes relating to the
sunrise period, land rush period or other period associated with the initial
launch of the Registry TLD, including, without limitation: (a) the ability or
inability of a registrant to obtain a registration during these periods, and
(b) the results of any dispute resolution process regarding a registration.
7. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its 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, or any
dispute resolution process;
(3) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, and employees;
(4) per the terms of this
Registration Agreement;
(5) for the non-payment of fees by
Registrar, including without limitation pursuant to the terms of any Credit
Facility (as defined in Section 4.4) or
(6) to correct mistakes made by
Registry or any Registrar in connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or similar
status a domain name during resolution of a dispute.
APPENDIX 'CY'
.ART SPECIFIC CONDITIONS –
Should you seek to register a .ART
("Registry TLD") from UK Creative Ideas Limited
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .ART domain
registrations.
1. You agree to be bound by the terms
and conditions of the initial launch of the Registry TLD (including all of the
applicable periods defined in the Launch Policy
http://nic.art/index.php/policies/) and further acknowledge that, to the extent
permitted by Applicable Law, Registry has no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to any of
the applicable registration periods defined in the Launch Policy
(http://nic.art/index.php/policies/), including:
(1) the ability or inability of a
registrant to obtain a Registered Name during the periods defined therein, and;
(2) the results of any dispute over
registrations that are an identical match to trademarks or service marks listed
in the Trademark Clearinghouse.
2. You acknowledge and agree to
comply with all ICANN standards, policies, procedures and practices, as may be
adopted or amended from time to time, as well as all Registry Policies
(http://nic.art/index.php/policies/).
3. You consent to the use, copying,
distribution, publication, modification and other processing of your’s or
Registered Name Holder's Personal Data by Registry and its designees and agents
in a manner consistent with the Registry Privacy Policies
(http://nic.art/index.php/policies/), ICANN policies, and with relevant
mandatory local data protection and privacy laws.
4. You consent to submit to
proceedings commenced under, and abide by all decisions made by panels in
accordance with, ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP),
Post-Delegation Dispute Resolution Procedures (PDDRP)
(https://newgtlds.icann.org/en/program-status/pddrp), and the Uniform Rapid
Suspension System (URS).
5. You agree to immediately correct
and update the Registration Information for the domain name during the
registration term.
6. You will implement reasonable and
appropriate security measures commensurate with the offering of any services,
as defined by applicable law, rules, policies and/or regulations if you collect
and maintain sensitive health or financial data.
7. You have any necessary
authorizations, charters, licenses and/or related credentials for any
participation in the relevant markets.
8. You will comply with all ICANN
requirements, including without limitation Consensus Policies, and all
operational standards, policies, procedures and practices for the Registry TLD
established from time to time consistent with ICANN requirements.
9. You will comply with all
applicable laws, rules, policies and/or regulations, including those that
relate to privacy, data collection, consumer protection (including in relation
to misleading and deceptive content), fair lending, debt collection, organic
farming, disclosure of data, and financial disclosures.
10. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its sole discretion:
(1) to comply with specifications
adopted by any industry group generally recognized as authoritative with
respect to the Internet (e.g., RFCs);
(2) to protect the rights and
property of Registry and to avoid any potential or actual liability, civil or
criminal, on the part of Registry as well as its affiliates, subsidiaries,
officers, directors, representatives, employees, or stockholders;
(3) to protect the integrity and
stability of the Registry and the operation of the DNS; and
(4) to comply with all applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process.
11. You consent to the collection and
use of your personal data for the provision of services by Registry and consent
to being contacted by Registry in accordance with Registry Policies
(http://nic.art/index.php/policies/).
12. You agree to comply with the
Registry’s Acceptable Use Policy contained in the Registry Policies at
http://nic.art/index.php/policies/.
APPENDIX 'CZ'
.CAM SPECIFIC CONDITIONS –
Should you seek to register a .ART
("Registry TLD") from AC Webconnecting Holding BV
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all. ART domain
registrations.
1. You acknowledge and agree that
Registry reserves the right to deny, cancel or transfer any registration or
transaction, or place any domain name(s) on registry lock, hold or similar
status, that it deems necessary, in its sole discretion:
(1) to comply with specifications
adopted by any industry group generally recognized as authoritative with
respect to the Internet (e.g., RFCs);
(2) to protect the rights and
property of Registry and to avoid any potential or actual liability, civil or
criminal, on the part of Registry as well as its affiliates, subsidiaries,
officers, directors, representatives, employees, or stockholders;
(3) to protect the integrity and
stability of the Registry and the operation of the DNS; and
(4) to comply with all applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process.
2. You acknowledge and agree to
indemnify, defend and hold harmless the Registry and its subcontractors, and
its and their directors, officers, employees, agents, and affiliates from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to, for any
reason whatsoever, the Registered Name Holder's domain name registration. This
provision shall survive shall survive any termination of this Registration
Agreement.
3. You acknowledge and agree to
comply with all ICANN standards, policies, procedures and practices, as may be
adopted or amended from time to time, as well as all Registry Policies
(http://nic.art/index.php/policies/).
4. You acknowledge and agree to
consent to the Registry’s Anti-Abuse Policy available at
https://nic.cam/static/doc/CAM-Anti-Abuse-Policy-v2.0.pdf.
APPENDIX 'DA'
.AM, .RADIO.AM, .FM, .RADIO.FM
SPECIFIC CONDITIONS –
Should you seek to register a . AM,
.RADIO.AM, .FM, or .RADIO.FM TLD ("Registry TLD") from BRS Media Inc.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all. ART domain registrations.
1. You acknowledge and agree that you
will comply with the following Registry policies:
(1) https://dot.fm/policy/
(2) http://radio.am/policy/, and
(3) http://radio.fm/policy/.
2. You acknowledge and agree to
indemnify, defend and hold harmless the Registry and its subcontractors, and
its and their directors, officers, employees, agents, and affiliates from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to, for any
reason whatsoever, the Registered Name Holder's domain name registration. This
provision shall survive any termination of the Registration Agreement.
APPENDIX 'DB'
.ECO SPECIFIC CONDITIONS –
Should you seek to register a
.ECO ("Registry TLD") from Big
Room Inc. ("Registry Operator"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all. ART domain registrations.
1. You acknowledge and agree to
indemnify, defend and hold harmless the Registry Operator and its
subcontractors, and its and their directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to, for any reason whatsoever, the Registered Name Holder's domain
name registration. This provision shall survive shall survive any termination of
this Registration Agreement.
2. You acknowledge and agree to
comply with all ICANN standards, policies, procedures and practices, as may be
adopted or amended from time to time.
3. You agree to be bound by the
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator or Registry Service Provider
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 the Registry Agreement.
4. You hereby certify the data
provided in the domain name registration process is true, correct, up to date
and complete.
5. You consent to the use, copying,
distribution, publication, modification and other processing of your’s or the
Registered Name Holder's Personal Data by the Registry Operator and its
designees and agents.
6. You agree to comply with all
applicable laws, including those that relate to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct), fair
lending, debt collection, organic farming, disclosure of data, and financial
disclosures.
7. If you collect and maintain
sensitive health and financial data, you agree to implement reasonable and
appropriate security measures commensurate with the offering of those services,
as defined by applicable law.
8. You will comply with applicable
consumer protection laws and regulations when the Registry TLD (the term “eco”)
is used to describe environmental.
9. You submit to proceedings
commenced under ICANN's dispute resolution procedures relating to Rights
Protection Mechanisms (“RPMs”), including, without limitation, the obligation
to handle payments for renewals or restoration by the complainant in any
proceeding in cases where the complainant prevails.
10. You will immediately correct and
update the registration information for the Registered Name during the
registration term for the Registered Name.
11. You agree to be bound by the
terms and conditions of the initial launch of the Registry TLD, including
without limitation, the procedure and process for compliance with ICANN's RPMs,
including the Trademark Clearing House requirements and the Sunrise Dispute
Resolution Policy, and further acknowledges that Registry Operator and/or its
service providers have no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the RPMs, the Sunrise
and the dispute resolution procedures relating thereto, including, without
limitation:
(1) the ability or inability of a
registrant to obtain a domain name during these periods; and
(2) the results of any dispute over
the outcome of any dispute resolution proceeding.
12. You acknowledge and agree that
all .eco domain names will be registered on server hold status pending the
Registered Name Holder complying with the minimum requirements to activate a
.eco domain:
(1) pledging in their Eco Profile to
support positive change for the planet and to be honest when sharing
environmental actions; and
(2) affirming in their Eco Profile
their eligibility under the Registry Policies.
13. You acknowledges and agrees that
the Registry Operator itself or through the Registry Service Provider reserves
the right to deny, cancel or transfer any registration or transaction, or place
any domain name on server hold, registry lock or similar status, that it deems
necessary, in its 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, or any
dispute resolution process;
(3) to avoid any liability, civil or
criminal, on the part of the Registry Operator, as well as its affiliates,
subsidiaries, officers, directors, and employees;
(4) per the terms of the registration
agreement;
(5) as part of Verification
procedures, in particular that Registered Names will remain on server hold,
registry lock or similar status until after the successful completion of the
Verification procedures; or
(6) to correct mistakes made by the
Registry Operator, the Registry Service Provider or any Registrar in connection
with a domain name registration.
14. You acknowledges and agrees that
Registered Name Holders are prohibited from distributing malware, abusively
operating botnets, phishing, piracy, trademark or copyright infringement,
fraudulent or deceptive practices, posting false information, counterfeiting or
otherwise engaging in activity contrary to applicable law, and further, that
consistent with applicable law and any related procedures, any prohibited
activity described herein may result in remedial measures including, but not
limited to, the denial, cancellation or transfer of any registration or
transaction, the placement of or more registry lock functions on any domain
name and the suspension of the domain name.
15. You acknowledge and agree to the
.ECO Registry Policies available at https://home.eco/registrars/policies/.
Registrar Registrant Agreement for Domain Names
This represents the Agreement between
the Registrant (Owner) of a Domain Name and the Registrar. If you register a
domain name through us, this Agreement will apply to the person whose
information you filled in the Owner section during the Registration process
DOMAIN REGISTRATION AGREEMENT
This Domain Registration Agreement
(“Registration Agreement”) is between you, the person or entity registering a
domain or domains, and the Company (as defined below), as the sponsoring
registrar, or acting as reseller for the sponsoring registrar identified in the
WHOIS record which may be retrieved at https://publicdomainregistry.com/whois/.
For all customers outside of India, “Company”, ”we”, “us” or “our” shall refer
to P.D.R Solutions (U.S.) LLC, and for all customers in India, the same shall
refer to Endurance International Group (India) Private Limited. By using the Company’s domain registration
services (the “Services”), you agree to be bound by this Registration
Agreement. Please read this agreement carefully.
We may modify, add, or delete
portions of this Registration Agreement at any time. In such event, we will
post a notice that we have made significant changes to this Registration
Agreement on our website for at least 30 days after the changes are posted and
will indicate at the bottom of this Registration Agreement the date these terms
were last revised. Any revisions to this Registration Agreement will become
effective (i) 30 -days after the notice for modification, addition or deletion has
been posted or (ii) the first time you access or use the Services after such
changes. If you do not agree to abide by this Registration Agreement, you are
not authorized to use or access the Services.
You acknowledge and agree that the
Company may modify this Registration Agreement with or without notice in order
to comply with any terms and conditions set forth by Internet Corporation for
Assigned Names and Numbers (“ICANN”) and/or the applicable registry
administrators (“Registry Administrators”) for the top level domains (“TLD”) or
country code top level domains (“ccTLD”).
Our Services
Your domain registration will be
effective upon occurrence of all of the following:
You accept all terms and conditions
of this Registration Agreement and the Company’s Terms of Service and its
ancillary documents;
The Company accepts (in its sole
discretion) your domain registration application;
The Company receives payment of the
registration, renewal and reinstatement fees, as applicable; and
The Company delivers the domain
registration information you provide to the registry administrator for the
applicable TLDs and the Registry Administrator puts into effect your domain
registration application.
Limitation of Liability
You understand that the Company does
not control all aspects of the domain registration process. For example, once
you submit a domain registration, the Company forwards the information
contained in the registration to the appropriate Registry Administrator for
processing and actual registration of the name. The Company disclaims, and you
agree, that the Company is not liable for any inaccuracies regarding the
registration information relating to (i) the input of the information by you;
and (ii) the input of the information by the Registry Administrator. The
Company will not be held liable, nor refund a domain name registration due to
spelling errors/typos.
Multiple Domain Registrations
The Company, in accordance with ICANN
policies, reserves the rights to refuse to register multiple domain registrations.
Fees
Payment of fees as a condition to
domain registration. As consideration for the domain registration service
provided by the Company, you agree to pay the Company, prior to the
effectiveness of the desired domain registration, all registration and other
applicable fees as indicated via the payment method selected at the time of
registration. All fees are non-refundable, in whole or in part, even if your
domain registration is suspended, cancelled or transferred prior to the end of
your then-current registration term. It is the responsibility of the listed
registrant for the domain name to maintain records appropriate to document and
prove the initial domain name registration date.
Reservation of right to modify fees.
The Company reserves the right to modify fees, surcharges, and renewal fees or
to institute new fees at any time with 30 days’ notice, for any reason, at its
sole discretion.
Credit card charge-backs for domain
registrations. In the event of a charge-back to the Company by the credit card
company (or similar action by another payment provider used by us) for the
credit card used in connection with the payment of the registration or other
fee, you agree and acknowledge that the domain registration shall be
transferred to the Company, as the paying entity for that registration to the
registry(ies) and that we reserve all rights regarding such domain including,
without limitation, the right to make the domain available to other parties for
purchase. the Company also reserves the right to lock your account and the
remainder of your domains until we receive your payment of any administrative
fees and/or chargeback fees. In the Company’s sole discretion, we may reinstate
your domain registration, subject to the Company’s receipt of the registration
fee and any administrative and/or chargeback fees described above.
Credit card charge-backs for
non-domain registration services. In the event of a charge-back by the credit
card company (or similar action by another payment provider) for the credit
card used in connection with the payment of a non-domain registration fee, you
agree and acknowledge that service shall not initiate or will be discontinued,
if previously in use, and any information maintained by the service may be
deleted along with your account and the remainder of your services being locked
until we receive your payment of any administrative fees and/or chargeback
fees. In the Company’s sole discretion, we may reinstate your services, subject
to the Company’s receipt of the non-domain registration fee and any
administrative and/or chargeback fees described above.
Required Domain Registration
Information
Registration information. As part of
the domain registration process and in accordance with ICANN policies, a
Registered Name Holder is required to submit, and update within seven (7) days
of any change, complete and accurate information, including the following
(collectively, the “Registration Information”):
The domain registrant’s name and
postal address;
The domain being requested;
Administrative contact information,
including the name, postal address, email address, telephone number, and where
available, fax number of the administrative contact for the domain; and
Technical contact information,
including the name, postal address, email address, telephone number, and where
available, fax number of the technical contact for the domain; and
Billing contact information,
including the name, postal address, email address, voice telephone number, and
where available, fax number of the billing contact for the domain.
Additional registration information.
In addition, in accordance with ICANN policies, the Company is obligated to
submit and keep current, complete and accurate additional information relating
to a domain registration, which may include the following (collectively,
“Additional Registration Information”):
The original creation date of the
domain registration;
The submission date and time of the
registration to us and by us to the proper registry;
Communications (electronic or paper
form) constituting registration orders, modifications, or terminations and
related correspondence between you and us;
Account records for your domain
registration, including dates and amounts of all payments and refunds;
The IP addresses of the primary
nameserver and any secondary nameservers for the domain;
The corresponding names of those
nameservers;
The name, postal address, email
address, voice telephone number, and where available, fax number of the
technical contact for the domain;
The name, postal address, email
address, voice telephone number, and where available, fax number of the
administrative contact for the domain;
The expiration date of the
registration; and
Information regarding all other
activity between you and us regarding your domain registration and related
services.
Use of Registration Information and
Additional Registration Information. You agree and acknowledge that the Company
will make available the Registration Information and the Additional
Registration Information to ICANN; to other third party Registry Administrators
such as VeriSign, Inc., Global Names Registry Ltd., Neustar, Inc., Afilias USA,
Inc., Global Domains International; and as applicable laws may require or
permit. Additionally, you acknowledge and agree that ICANN and the Registry
Administrators may establish guidelines, limits and/or requirements that relate
to the amount and type of information that the Company may or must make
available to the public or to private entities, and the manner in which such
information is made available. Further, 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 (including any updates to such information), whether during or after the
term of your registration of the domain. Moreover, you hereby irrevocably waive
any and all claims and causes of action that may arise or have arose from such
disclosure or use of your Registration Information and the Additional
Registration Information.
Information updating and accuracy
obligations. As a condition to continued registration of your domain, you must
provide us with updated Registration Information within seven (7) days of any
changes to such information. You may review, modify or update your Registration
Information by accessing the Company’s domain manager service, domain
management console or similar service, made available at our website. In
accordance with ICANN policies, you acknowledge and agree that if you willfully
provide inaccurate information or fail to update your Registration Information
within seven (7) days of any change, then you will be in material breach of
this Registration Agreement and we may in our sole discretion cancel your
domain registration. You further agree that your failure to respond within ten
(10) days to any inquiry by the Company concerning the accuracy of the
Registration Information or to contact the Company immediately upon discovery
of any willful inaccuracy (including, e.g., phone number listed as 000-0000)
associated with your domain registration shall constitute a material breach of
this Registration Agreement and will be sufficient basis for cancellation of
your domain registration. You further represent that you have obtained consent
from any third-party individuals whose personal data you have provided as
Registration Information.
Information requirements for
renewals. Upon renewal of your domain 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 domain registration may not be renewed.
Ownership of data. You agree and
acknowledge that the Company owns all database, compilation, collective and similar
rights, title and interests worldwide in our domain database (“Domain
Database”), and all information and derivative works generated from such Domain
Database, which contains Registration Information and Additional Registration
Information. You further agree and acknowledge that the Company may use the
following information for those domain 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, email
address, voice telephone number, and where available fax number of the
technical contact, authorized contact, zone contact and billing contact for the
domain registration; (d) any remarks concerning the registered domain that
appear or should appear in the WHOIS or similar database; and (e) any other
information the Company generates or obtains in connection with the provision
of domain registration services, other than the domain being registered, the
Internet protocol (IP) addresses of the primary nameserver and any secondary
nameservers for the domain, and the corresponding names of those nameservers.
The Company does not have any ownership interest in your specific personal
registration information outside of its rights in its Domain Database. The
Company agrees to take reasonable precautions to protect your specific personal
registration information from loss, misuse, unauthorized access or disclosure,
alteration or destruction.
Registrant Verification. You
understand and agree that Registrar is required to verify the Registered Name
Holder’s email address within 15 days of any registration, transfer, or change
to the Registered Name Holder’s contact information. The Domain Name Holder’s
failure to verify the contact information within 15 days constitutes a material
breach of this Registration Agreement and will result in the immediate
suspension of the domain name(s) and associated service(s).
In addition, you understand and agree
that Registrar is required to verify any changes to any WHOIS contact
information within 15 days of any change. The Domain Name Holder’s failure to
verify such changes within 15 days constitutes a material breach of this
Registration Agreement and will result in the immediate suspension of the
domain name(s) and associated service(s).
Domain Privacy Service
If you purchased domain privacy
services (“Domain Privacy”), you agree that your Registration Information will
be replaced in any public WHOIS search with information provided by the Company
as determined in its sole discretion (the “Private WHOIS Contact Information”).
Although the Private WHOIS Contact
Information will appear in any public WHOIS search result, you are solely
responsible for resolving any and all monetary, creditor, or other claims that
arise in connection with a legal or other dispute involving your domain name
registration. Use of the Domain Privacy service in no way alleviates your
obligation to provide valid and accurate Registration Information and to update
and correct such information pursuant to the terms of this Registration
Agreement.
The Domain Privacy service is NOT a
general mail forwarding service. You agree that you will not provide any third
party with the Private WHOIS Contact Information for the purpose of having such
third party transmit communications to you. The Company may immediately
terminate the Domain Privacy service and, at its sole option, disclose the
Registration Information in the event that you breach this Agreement.
Notwithstanding anything to the
contrary, you agree that the Company may, but is not obligated to, review and
forward communications in connection with your domain name that it receives.
You hereby authorize the Company to receive, sort, open, forward, and destroy
any and all mail sent to our address at our sole discretion. You specifically
acknowledge that the Company is not obligated but may forward to you certified
or traceable courier mail (such as UPS or Federal Express deliveries), legal
notices, or first class U.S. postal mail; however, the Company will NOT forward
“junk” mail or other unsolicited communications (whether delivered through fax,
postal mail, or telephone), and you further authorize the Company to either
discard all such communications or return all such communications to the sender.
You agree that: (i) postal mail may be forwarded via regular mail forwarding or
scanned and emailed electronically to the email address listed in the
Registration Information; (ii) emails will be forwarded to the email address
listed in the Registration Information; and (iii) callers will be directed to
use the mailing or email address listed on the Private WHOIS Contact
Information and we will forward such mail or email pursuant to the terms of
this section; we will not relay phone messages to you. You agree to waive any
and all claims arising from your failure to receive communications directed to
your domain name but not forwarded or referred to you by the Company.
If any domain name for which you are
using the Domain Privacy service is transferred to another registrar, Domain
Privacy will automatically cease and no refund will be given for any unused
portion of the service.
Failure to renew the Domain Privacy
service while your domain name registration is still valid will result in the
Domain Privacy being suspended, terminated or cancelled and your Registration
Information will be displayed in any public WHOIS search. Domain Privacy
renewals after initial purchase will be at the standard list price, which is
available by logging in to your account.
The Company expressly reserves the
right, in its sole discretion and without any liability to you whatsoever, to
suspend or cancel your use of the Service and/or reveal the Registration
Information in any public WHOIS search or to any third party at any time without
notice to you:
To comply with any applicable laws,
rules, regulations or requirements, or with any subpoenas, court orders,
official government inquiries or requests of law enforcement;
To comply with ICANN’s Uniform Domain
Name Dispute Resolution Policy (available at
http://www.icann.org/en/help/dndr/udrp);
To resolve any and all third-party
claims, whether threatened or made, arising out of your use of the Domain
Privacy service, including without limitation, to avoid a dispute of any claim
that the registered domain name violates or infringes a third party’s
trademark, trade name, or other legal rights;
In the event you breach any provision
of this Registration Agreement or any other agreement you’ve entered into with
the Company, including, but not limited to, the Terms of Service;
To comply with the rules, procedures,
or practices of the registry that governs the domain name extension receiving
the Domain Privacy service and to protect the integrity and stability of the
applicable domain name registry;
To avoid any financial loss or legal
liability (civil or criminal) on the part of the Company, its parent companies,
subsidiaries, affiliates, shareholders, agents, officers, directors, or
employees;
To prevent inappropriate activity
that comes to the Company’s attention, including without limitation if you are
using Domain Privacy to hide your involvement in illegal or morally
objectionable activities, including without limitation, activities that are
intended to or otherwise: (i) appeal purely to the prurient interests of third
parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third
parties; (iii) violate state or federal laws of the United States and/or
foreign territories; (iv) involve hate crimes, terrorism, or child pornography;
(v) are tortious, vulgar, obscene, invasive of a third party’s privacy,
racially, ethnically, or otherwise objectionable; (vi) impersonate the identity
of a third party; (vii) harm minors in any way; or (viii) relate to or transmit
viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any
other code, routine, mechanism, device or item that corrupts, damages, impairs,
interferes with, intercepts or misappropriates any software, hardware,
firmware, network, system, data, or personally identifiable information.
Pursuant to paragraph 3.7.7.3 of
ICANN’s Registrar Accreditation Agreement (“RAA”) (available at
http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#raa),
you agree that if you license use of a Registered Name (as that term is defined
in the RAA) to a third party, you are nonetheless the Registered Name Holder of
record (as that term is defined in the RAA) and are responsible for providing
the 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 Registered Name. A Registered
Name Holder licensing use of a Registered Name according to this provision
shall accept liability for any harm caused by wrongful use of the Registered
Name, unless the Registered Name Holder discloses the current contact
information provided by the licensee and the identity of the licensee within
seven (7) days to a party that provides the Registered Name Holder reasonable
evidence of actionable harm.
Domain Parking
Upon registration, the domain will be
automatically placed on name servers provided by the Company, and Internet
users that type in the domain will be redirected to a “coming soon” page
(collectively, “parking a domain” or a “parked domain”). There is no charge for
parking a domain. You hereby consent to and authorize the Company’s placement
of a “coming soon” page, and its associated contents, on your parked domain.
You may change the name server configuration (or “un-park” the domain) after
the registration is complete. If you need to register name servers using the
domains that you are currently registering, the names will initially be parked
with the Company until you modify the name servers after the domain
registration is complete, using your account manager.
In the event your domain registration
expires, your registration is no longer valid. If you are able to renew the
domain name, you may update the domain to its original settings. After
expiration, but prior to renewal, the domain may be pointed to an “expired”
page (collectively, “parking a domain” or a “parked domain”). There is no
charge for the parked domain. By not renewing the domain, the Company may place
an “expired” page, and its associated contents, on the parked domain. You may
change the name server configuration (or “un-park” the domain) after the
renewal is complete. If you need to register name servers using the domains
that you are currently renewing, the names will initially be parked with the
Company until you modify the name servers after the domain renewal is complete,
using your account manager.
The “coming soon” and/or “expired”
pages may contain advertisements and other materials selected by the Company,
in the Company’s sole discretion. This may include, but is not limited to
third-party websites, third-party product and service offerings, and/or
Internet search engines. The Company reserves the right to collect and retain
all revenue obtained from such advertising and other materials.
DNS Wildcard. In the event you
utilize the Company’s DNS management services and fail to configure a wildcard
DNS for your domain, the Company may insert wildcard DNS records to resolve
subdomains of your domain that would not otherwise resolve. The Company may
point those subdomains to a web page that may contain advertisements and other
materials selected by the Company in the Company’s sole discretion. This may
include, but is not limited to, third-party websites, third-party product and
service offerings, and/or Internet search engines.
Registration Renewal
Renewal obligations. You are solely
responsible for ensuring that any and all domains and additional services are
renewed prior to their expiration, should you so desire their renewal. You may
renew your domain at any time before the expiration date. the Company shall
have no liability to you or any third party in connection with the renewal,
including, but not limited to, any failure or errors in renewing the services.
You may be notified at the Company’s
sole discretion when renewal fees are due. Should these fees go unpaid within
the time specified in a notice or reminder regarding renewal, your registration
will be cancelled. Payment must be made by such other method as we indicate in
the renewal form. If your billing information is not accurate, you are solely
responsible for the failure to renew.
Autorenewal. You agree that if you
paid for any services provided hereunder by credit card or other payment
service (such as PayPal), you hereby authorize but do NOT obligate, the Company
to automatically charge your credit card or payment service account and renew
the applicable service(s) on or before their renewal date using the credit card
or other acceptable payment information you have provided to the Company,
unless you notify the Company that you do not wish to participate in the
Company’s automatic renewal process. The Company must receive notification of
your intent to not renew (opt-out) no later than sixteen (16) days prior to the
renewal date. In the absence of such notification from you, the Company will
automatically renew, for a period of one (1) or two (2) years, as set forth by
the applicable registry depending on the TLD or ccTLD of your domain name, any
domain that is up for renewal and will charge the credit card or payment
service account you have on file with the Company, at the Company’s then
current rates. You are solely responsible for the credit card or other payment
information you provide to the Company and must promptly inform the Company of
any changes thereto (e.g., change of expiration date or account number). If the
credit card or payment service account has expired or is otherwise invalid, you
are solely responsible for a failure to renew and the Company shall not be
liable for your failure.
Expired domain names. You agree that
we may place our contact information in the WHOIS output for any expired domain
name, as the failure to renew results in the immediate cancellation of
registration and loss of all rights to the domain name. Should you choose not
to renew your domain name, you agree that we may, in our sole discretion, renew
and transfer the domain name to a third party on your behalf as an Expired
Domain Transfer (“ED Transfer”).
New customers through domain auction
or brokerage partners and/or ED Transfers. If you are registering a domain name
that was registered with, and not yet deleted by, the Company at the time of
your purchase, you acknowledge and agree that the term of your registration
will be for a period of one year from the original expiration date for the
domain name immediately prior to your purchase, as the registration is the
result of an ED Transfer (defined above). You will not be compensated for the
inability to use the domain from the time it was expired until the time you are
able to use the domain in your account. NOTE: You may not transfer your domain
name to another Registrar for sixty (60) days from the date of any previous
transfer.
Domain Dispute Resolution Policy
You agree to be bound by the
appropriate domain dispute resolution policy (“Dispute Policy”) applicable to
the domain that you have selected, including the Uniform Domain Name Dispute
Resolution Policy, which can be found at http://www.icann.org/en/help/dndr/udrp.
The Dispute Policy has been developed by ICANN and/or the specific Registration
Administrator(s) and is incorporated by reference in this Registration
Agreement. Certain disputes are subject to the applicable Dispute Policy. In
the event such dispute arises, you agree that you will be subject to the
provisions specified in the applicable Dispute Policy in effect at the time
your domain registration is disputed by a third party. You further agree that,
in the event a domain dispute arises with any third party, you will indemnify
and hold the Company harmless pursuant to the terms and conditions contained in
the applicable Dispute Policy. The Dispute Policy may be modified at any time
by ICANN or the applicable Registry Administrator, and your continued use of
the domain registered to you after any such Dispute Policy modification shall
constitute your acceptance of the modified Dispute Policy and this Registration
Agreement. If you do not agree to any of such changes, you may request that
your domain registration be cancelled or transferred to a different domain
registrar. For the adjudication of disputes concerning or arising from use of
the second level domain (“SLD”) name, the SLD holder shall submit, without
prejudice to other potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the SLD holder’s domicile and (2) where registrar is located.
In addition, you agree to the rules of ICANN’s Uniform Rapid Suspension (“URS”)
(http://newgtlds.icann.org/en/applicants/urs) and to submit to any proceedings
commenced pursuant to the URS, if applicable.
Change of Registrant Of Domains
Change of Registrant. Effective
December 1, 2016, for all gTLDs, any material changes to a domain name
registrant’s name, company, email address, or to the administrative contact
email address (if there is no registrant email address) are subject to ICANN’s
Transfer Policy (available at
https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
We are required to deny a change of
registrant for any of the following reasons:
the domain name registration
agreement has expired and the registrant no longer has the right to renew the
domain name or to transfer the domain name to another registrar;
the change of registrant was not
properly authorized by the Prior Registrant and the New Registrant; or
the domain name is subject to a
domain name dispute proceeding, including, but not limited to, the following:
Uniform Domain-Name
Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
Uniform Rapid Suspension (URS)
(https://www.icann.org/resources/pages/urs-2014-01-09-en);
Registrar Transfer Dispute Resolution
Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en);or
a court order.
Unless a change of registrant is
otherwise prohibited, the Prior Registrant and the New Registrant, or their
Designated Agents, must confirm the change of registrant within 60 days of the
request.
Unless you opt out of the transfer
lock when you request a change of registrant, you may not transfer your domain
registration to another domain registrar for sixty (60) days following the
change of registrant.
Designated Agent. You hereby
explicitly authorize us to act as “Designated Agent” to approve a change of
registrant on behalf of the Prior Registrant and the New Registrant, consistent
with and pursuant to the requirements of ICANN’s Transfer Policy
(https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
Transfer of registration to another
registrant. The entity or person named as the “registrant” at the time the
controlling user name and password are secured shall be the registrant of the
domain. You agree that prior to the effectiveness of any transfer of ownership
of your domain to another entity, the Company reserves the right to enforce any
amount published for the transfer of ownership of a domain. You further agree
that, as a condition of any such transfer of ownership of the domain, the party
to which you seek to transfer your domain shall agree in writing (electronic
acceptance is acceptable) to be bound by the terms and conditions of this
Registration Agreement. Your domain will not be transferred until we receive
such written assurances (or reasonable assurance as determined by the Company
in its sole discretion) and actual payment of the transfer fee, if any is
imposed. You acknowledge and agree that if you attempt to transfer your domain
registration without paying the Company the amount published for the transfer
of ownership of a domain, or if the entity to which you seek to transfer your
domain fails to agree in writing to be bound by all terms and conditions of
this Registration Agreement, any such transfer will be null and void, and will
result in your domain registration being revoked without a refund of any
charges you have incurred in attempting to register or transfer that domain.
When changing the name of registrant
within the Company, you agree that at the Company’s discretion, the domain name
may be changed back to the registrant listed immediately prior to the change
upon written (email is acceptable) request within five (5) days (or such
reasonable time as determined at the Company’s discretion) by registrant that
was listed immediately prior to change or in the event of suspected fraud in
connection with the change of the registrant name as determined by the Company
in its sole discretion.
Transfer of registration to or from
another registrar. When transferring a domain name into the Company as the new
registrar of record and simultaneously changing the name of registrant or
subsequently changing the name of registrant, you agree that the domain name
may be re-transferred back to the losing registrar upon written (email is
acceptable) request by registrant that was listed immediately prior to transfer
or upon request by losing registrar or in the event of suspected fraud in
connection with the transfer as determined by the Company in its sole
discretion. At the time of transfer into the Company, you must complete all
required information requested through the online transfer application, i.e.,
contact information, nameserver information, etc. the Company may elect to
accept or reject your domain name transfer application for any reason at its
sole discretion. You are not entitled to any refund in relation to the domain
name transferred to another registrar.
RESTRICTIONS ON REGISTRAR TRANSFERS.
For generic top-level domains governed by ICANN, you agree that you may not
transfer your domain registration to another domain registrar during the first
sixty (60) days from the effective date of your: (1) initial domain
registration or (2) completion of a domain transfer into the Company. If you
choose to utilize our transfer lock service, you agree to provide written authorization
(electronic acceptance is acceptable) to the Company for the transfer of the
domain to another registrar and agree to pay any and all fees that may be
charged by the Company to effect the transfer. You agree your request to
transfer your domain to another registrar may be denied pursuant to the
Transfer Policy (available at
https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
For country-code top-level domains,
as established by each registry, you agree that you may not transfer a domain
to another registrar during the first sixty (60) days of the initial
registration or after expiration of the domain. You agree your request to
transfer your domain to another registrar may be denied pursuant to the
Transfer Policy (available at https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
Agents and Licensing
You agree that, if you are
registering a domain and listing someone other than yourself as the registrant,
you represent and warrant that you have the authority to bind the person or
entity listed as registrant as a principal to this Registration Agreement,
including the applicable Dispute Policy. The name listed as registrant of the
domain or the appropriate officer of a listed Organization (at the Company’s
discretion) may individually choose to move the domain into another account for
full access to the domain, irrespective of wishes of agent/account owner/other
listed contacts on that particular domain (e.g. admin, billing). Further, you
agree that if you license the use of the domain registered to you to a third
party, you nonetheless remain the domain holder of record, and remain
responsible for strict compliance with this Registration Agreement, including
but not limited to payment obligations, and providing (and updating, as
necessary) accurate Registration Information and Additional Registration
Information. Further, you accept liability for any actions of the licensee
using the domain unless you promptly disclose the current contact information
provided to you by the licensee and the identity of the licensee to any party
providing reasonable evidence of actual harm.
Representations and Warranties
In the event that, in registering the
domain, you are providing information related to a third party, you hereby represent
and warrant 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
Registration 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 Registration Agreement. You further represent that, to the best
of your knowledge and belief, neither the registration of the domain 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 registration is accurate.
Indemnification
Indemnification of the Company. You
will indemnify, hold harmless, and defend the Company and its subsidiary and
parent entities, predecessors, successors, affiliates, and assigns, the
Registry Administrators, and all of their respective current and former
officers, directors, members, shareholders, agents, and employees (the “Indemnified
Parties”) from any and all Claims. “Claim” means any action, cause of action,
suit, proceeding, claim, or demand of any third party (and all resulting
judgments, bona fide settlements, penalties, damages, losses, liabilities,
costs, and expenses (including without limitation reasonable attorneys’ fees
and costs)), which arises out of: (a) your breach of this Registration
Agreement or any of the Company’s policies applicable to this domain
registration or related services, (b) the operation of your domain, (c) any
negligent act or omission by you, or (d) any third party claim, action, or
demand related to the registration or use of the domain registered in your name
(and this indemnification is in addition to any indemnification required under
the Dispute Policy). “Reasonable attorneys’ fees and costs” as used in this
Section 13 includes without limitation fees and costs incurred to interpret or
enforce this Section 13. the Company may, at its expense, employ separate
counsel to monitor and participate in the defense of any Claim. The Company
will provide you with reasonably prompt notice of any Claim.
Indemnification of ICANN and Registry
Operators. You agree to indemnify, defend, and hold harmless ICANN, Registry
Operator(s) (including but not limited to VeriSign, Inc., Public Interest
Registry, Afilias Limited, SITA, NeuLevel, Inc., and NeuStar, Inc.) and their
respective subcontractors, shareholders, directors, officers, employees,
affiliates and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable attorneys’ fees and costs
and any other expenses arising out of or related to your domain registration
and any disputes regarding same. Some Registry Operators may not allow this
indemnification provision to apply, as contained herein; in such cases, this
provision is in effect to the full extent permitted by law as applicable to
such Registry Operator.
These indemnification obligations
shall survive the termination or expiration of this Registration Agreement.
Warranty Disclaimer; Limitation of
Liability
Disclaimer of warranty. THE COMPANY
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS REGISTRATION AGREEMENT OR ANY OF ITS SERVICES,
INCLUDING, BUT NOT LIMITED TO, IMPLIED WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, OR NON-INFRINGEMENT. FURTHER, WITHOUT ANY LIMITATION
TO THE FOREGOING, THE COMPANY MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS REGISTRATION
AGREEMENT WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM
SUSPENSION, CANCELLATION OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
Limitation of liability. YOU AGREE
THAT THE COMPANY AND THE INDEMNIFIED PARTIES, AS DEFINED IN SECTION 12(a) OF
THIS REGISTRATION AGREEMENT, WILL NOT BE LIABLE FOR ANY OF THE FOLLOWING: (A)
SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION IN YOUR NAME; (B) USE OF YOUR
DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE
SUCH USE; (C) INTERRUPTION OF BUSINESS; (D) ACCESS DELAYS, DENIAL OF SERVICE
(DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS
BY THE DOMAIN REGISTERED IN YOUR NAME; (E) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (F) EVENTS BEYOND THE COMPANY’S OR ANY OF
SUCH INDEMNIFIED PARTIES’ REASONABLE CONTROL; (G) THE PROCESSING OF YOUR DOMAIN
APPLICATION; (H) ANY FAILURES OF ENCRYPTION OR OTHER SERVICES PROVIDED; OR (I)
APPLICATION OF THE DISPUTE POLICY. THE COMPANY AND THE INDEMNIFIED PARTIES 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 THE
COMPANY OR ANY OF SUCH INDEMNIFIED PARTIES HAS BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL THE COMPANY’S OR ANY OF SUCH INDEMNIFIED
PARTIES’ MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN THAT IS AT ISSUE FOR THE THEN-CURRENT PERIOD OF
REGISTRATION.
Term and Termination
Term. The term of this Registration
Agreement commences on the day you accept this Registration Agreement to the
day until the occurrence of any of the following: (a) your domain registration
is cancelled; (b) your domain is transferred to a third party; or (c) your
domain expires or is terminated (in accordance with Section 15.c, below)
(collectively, “Termination”). Your obligation to pay any fees or other amounts
under this Agreement which arose prior to expiration or other termination of
this Registration Agreement shall survive any such expiration or termination.
Domain suspension, cancellation or
transfer. You acknowledge and agree that your domain registration is subject to
suspension, cancellation or transfer (cancellation or transfer collectively referred
to as, “Cancellation”) (a) to correct mistakes by the Company, another
registrar, or a Registry Administrator in administering the domain name or (b)
for the resolution of disputes concerning the domain pursuant to an ICANN
policy or procedure. It is your responsibility to verify if any domain is
infringing anyone else’s rights, prior to registration. If the domain name you
have registered is found to be infringing on another person’s rights,
determined in the Company’s discretion, the Company has the right to cancel
your registration immediately. If you are in willful violation of our
agreement, you will not be entitled to any refund. You also agree that the
Company shall have the right in its sole discretion to suspend, cancel,
transfer or otherwise modify a domain registration upon up to seven (7)
calendar days prior notice or after such time as the Company receives a
properly authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation, transfer or
modification of the domain registration.
Termination. The Company reserves the
right to suspend, cancel, transfer or modify your domain registration if: (a)
you materially breach this Registration Agreement (including the Dispute
Policy) and do not cure such breach within ten (10) days of notice by the
Company; (b) you use the domain to send unsolicited email, in violation of this
Registration Agreement or applicable laws; (c) you use your domain in
connection with unlawful activity; or (d) you otherwise violate this
Registration Agreement as determined by the Company in its sole discretion. WE
WILL NOT BE RESPONSIBLE OR LIABLE FOR ANY COSTS ASSOCIATED WITH THE TERMINATION
OF YOUR RIGHTS TO THE DOMAIN NAME.
Survival. The following provisions
will survive Termination or Cancellation of this Registration Agreement:
Sections 2, 9, 12, 13, 14, 15 and 16.
Additional Terms
Personal Data. The Company
incorporates its Privacy Policy by reference. Please read our Privacy Policy
(available at https://www.endurance.com/privacy/privacy) . In addition, you
hereby represent that you have provided the Company’s Privacy Policy to any
person whose personal data you disclose to the Company and that you have
obtained their consent to the foregoing.
Governing law; jurisdiction. Except
as otherwise set forth in the Dispute Policy with respect to disputes, this
Registration Agreement, your rights and obligations and all actions
contemplated by this Registration Agreement shall be governed by as follows.
Unless you are in India, any controversy or claim arising out of or relating to
this Agreement, the formation of this Agreement or the breach of this
Agreement, including any claim based upon an alleged tort, shall be governed by
the substantive laws of the Commonwealth of Massachusetts. If you are in India,
any controversy or claim arising out of or relating to this Agreement, the
formation of this Agreement or the breach of this Agreement, including any
claim based upon an alleged tort, shall be governed by the substantive laws of
the Republic of India.
Notwithstanding the foregoing, the
United Nations Convention on Contracts for the International Sale of Goods does
not apply to this Agreement.
Arbitration. Your use of the Services
is also governed by the following:
Unless you are in India, you also
hereby agree to the Company’s Arbitration Agreement, which is incorporated into
this Agreement by reference and available at
https://publicdomainregistry.com/legal/#arbitration.
Alternatively, if you are in India,
the following provision applies to you:
All disputes, controversies and
differences arising out of or relating to this Agreement, including a dispute
relating to the validity or existence of this Agreement (“Dispute”) shall be
referred to and resolved by arbitration in Mumbai, India under the provisions
of the Arbitration and Conciliation Act, 1996; provided that, to the extent a
party may suffer immediate and irreparable harm for which monetary damages
would not be an adequate remedy as a result of the other party’s breach or
threatened breach of any obligation hereunder, such party may seek equitable
relief, including an injunction, from a court of competent jurisdiction, which
shall not be subject to this Section. The arbitration tribunal shall consist of
one (1) arbitrator jointly appointed by the parties within fifteen (15) days
from the date of first recommendation for an arbitrator in written form for a
party to the other. If the parties fail to agree on appointment of such
arbitrator, then the arbitrator shall be appointed as per the provisions of
Arbitration and Conciliation Act, 1996. The language of the arbitration shall
be English. As part of the terms of the appointment of the arbitrator(s), the
arbitrator(s) shall be required to produce a final and binding award or awards
within six (6) months of the appointment of the sole arbitrator (jointly
appointed by the parties). Parties shall use their best efforts to assist the
arbitrator(s) to achieve this objective, and the parties agree that this six
(6) month period shall only be extended in exceptional circumstances, which are
to be determined by the arbitrator(s) in its absolute discretion. The arbitral
award passed by the arbitrator shall be final and binding on the parties and
shall be enforceable in accordance with its terms. The arbitrator shall state
reasons for its findings in writing. The parties agree to be bound thereby and
to act accordingly. All costs of the arbitration shall be borne equally by the
parties.
Notices. You agree that any notices
required to be given under this Registration Agreement by the Company to you
will be deemed to have been given if delivered in accordance with the contact
information you have provided.
Relationship. The Company and you are
independent contractors and nothing contained in this Registration Agreement
places the Company and you in the relationship of principal and agent, partners
or joint venturers. Neither party has, expressly or by implication, or may
represent itself as having, any authority to make contracts or enter into any
agreements in the name of the other party, or to obligate or bind the other
party in any manner whatsoever.
Waiver. No failure or delay by any
party hereto to exercise any right or remedy hereunder shall operate as a
waiver thereof, nor shall any single or partial exercise of any right or remedy
by any party preclude any other or further exercise thereof or the exercise of
any other right or remedy. No express waiver or assent by any party hereto to
any breach of or default in any term or condition of this Registration
Agreement shall constitute a waiver of or an assent to any succeeding breach of
or default in the same or any other term or condition hereof.
Severability. If any provision or
portion of any provision of this Registration Agreement shall be held to be
illegal, invalid or unenforceable by a court of competent jurisdiction, it is
the intention of the parties that the remaining provisions or portions thereof
shall constitute their agreement with respect to the subject matter hereof, and
all such remaining provisions or portions thereof shall remain in full force
and effect.
Assignment. You may not assign or
transfer this Registration Agreement or any of your rights or obligations
hereunder, without the prior written consent of the Company and/or without
using the Company’s domain transfer process in compliance with ICANN’s
policies. Any attempted assignment in violation of the foregoing provision
shall be null and void and of no force or effect whatsoever. The Company may
assign its rights and obligations under this Registration Agreement, and may
engage subcontractors or agents in performing its duties and exercising its
rights hereunder, without your consent. This Registration Agreement shall be
binding upon and shall inure to the benefit of the parties hereto and their
respective successors and permitted assigns. You agree that the Company may
transfer your domain name from one accredited registrar to another accredited
registrar without requiring your consent, to the extent not prohibited by ICANN
or applicable registry rules or by applicable law.
Intellectual property. Except for
your Content (as defined above), all content available through the Services,
including designs, text, graphics, images, video, information, software, audio and
other files, and their selection and arrangement, and all software used to
provide the Services (collectively, “Company Content”), are the proprietary
property of the Company. No Company Content may be modified, copied,
distributed, framed, reproduced, republished, downloaded, scraped, displayed,
posted, transmitted, sold or exploited for any purposes in any form or by any
means, in whole or in part, other than as expressly permitted in this
Registration Agreement. You may not, directly or indirectly, reverse engineer,
decompile, disassemble or otherwise attempt to derive source code or other
trade secrets from any Company Content. Any use of the Company Content other
than as specifically authorized herein is prohibited and will automatically
terminate your rights with respect to use of the services and the Company
Content granted herein. All rights of the Company or its licensors that are not
expressly granted in this Registration Agreement are reserved to the Company
and its licensors.
Entire agreement. This Registration
Agreement, and the attachments and documents referenced herein, including but
not limited to the applicable Dispute Policy (as modified from time to time),
constitute the complete and exclusive agreement between you and the Company, and
supersede and govern all prior proposals, agreements, or other communications
with respect to the subject matter hereof.
APPENDIX 1.
ADDITIONAL REGISTRY REQUIREMENTS
Your electronic acceptance of this
Agreement signifies that you have read, understand, acknowledge and agree to be
bound by, which incorporates by reference, all agreements, guidelines,
policies, practices, procedures, registration requirements or operational
standards of the TLDs in which you register any domain.
TO LINK TO AND REVIEW THE REGISTRY
POLICIES FOR THE TLD IN WHICH YOU WISH TO REGISTER A DOMAIN NAME, PLEASE VISIT
https://publicdomainregistry.com/wp-content/themes/pdr/agreement/domain-registration-toc-appendices.html.
Customer Agreement for Domain Names
This represents an addendum to the
Customer Master Agreement between yourself and us for Domain Registration
CUSTOMER DOMAIN REGISTRATION
PRODUCT AGREEMENT EXTENSION
Adhoc Infoway (hereinafter referred
to as "Parent") AND you (hereinafter referred to as
"Customer")
HAVE
entered into a Customer Master
Agreement ("Agreement") effective from October 2, 2019 of which this
"Domain Registration Product Agreement Extension" is a part.
WHEREAS, Parent is authorized to
provide Internet registration and management services for domain names, for the
list of TLDs mentioned within APPENDIX 'B';
WHEREAS, the Customer wishes to
purchase Registration and/or Management and/or Renewal and/or Transfer for the
list of TLDs mentioned within APPENDIX 'B' through Parent;
NOW, THEREFORE, for and in
consideration of the mutual promises, benefits and covenants contained herein
and for other good and valuable consideration, the receipt, adequacy and
sufficiency of which are hereby acknowledged, Parent and the Customer,
intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "TLD" refers to .COM,
.NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC, .MOBI, .ASIA, .ME, .TEL, .MN, .BZ, .CC, .TV, .CN, .NZ, .CO, .CA,
.DE, .ES, .AU, .XXX , .RU, .PRO, .SX, .PW, .IN.NET, .CO.DE, .LA, Donuts, .CLUB,
.UNO, .MENU, .BUZZ, .LONDON, .BID, .TRADE, .WEBCAM, .CO.COM, .US.COM, .UK.COM, .GB.NET, .COM.DE,
.CN.COM, .BR.COM, .GR.COM, .DE.COM, .AE.ORG, .QC.COM, .EU.COM, .SE.NET, .RU.COM,
.HU.COM, .SE.COM, .NO.COM, .UK.NET, .SA.COM, .JPN.COM, .UY.COM, .KR.COM,
.ZA.COM, .GB.COM, Rightside Registry and Radix Registry
(2) "gTLD" refers to .COM,
.NET, .ORG, .BIZ, .INFO, .NAME, .TRAVEL, .COOP, .MOBI, .ASIA, .TEL, .XXX, .PRO,
.BIKE, .CLOTHING, .GURU, .HOLDINGS, .PLUMBING, .SINGLES, .VENTURES, .CAMERA,
.EQUIPMENT, .ESTATE, .GALLERY, .GRAPHICS, .LIGHTING, .PHOTOGRAPHY,
.CONSTRUCTION, .CONTRACTORS, .DIRECTORY, .KITCHEN, .LAND, .TECHNOLOGY, .TODAY,
.DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES,
.CAB, .COMPANY, .DOMAINS, .LIMO, .ACADEMY, .CENTER, .COMPUTER, .MANAGEMENT,
.SYSTEMS, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT, .TRAINING, .CAMP,
.EDUCATION, .GLASS, .INSTITUTE, .REPAIR, .COFFEE, .FLORIST, .HOUSE,
.INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES, .AGENCY,
.BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT,
.FOUNDATION, .EXPOSED, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS,
.TIENDA, .CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS,
.PRODUCTIONS, .COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES,
.PARTS, .SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL,
.ENGINEERING, .EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES,
.REISEN, .TOYS, .UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE,
.CLINIC, .SURGERY, .DENTAL, .TAX, .CASH, .FUND, .INVESTMENTS, .FURNITURE,
.DISCOUNT, .FITNESS, .SCHULE, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL,
.ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE,
.DEALS, .CITY, .HEALTHCARE, .RESTAURANT, .GIFTS, .CLUB, .UNO, .MENU, .BUZZ,
.LONDON, .BID, .TRADE, .WEBCAM, .PRESS, .HOST, .WEBSITE, .PIZZA, .IMMO,
.BUSINESS, .NETWORK, .WORLD, .DELIVERY, .ENERGY, .COACH, .MEMORIAL, .LEGAL,
.MONEY, .TIRES, .DANCE, .DEMOCRAT, .IMMOBILIEN, .NINJA, .REVIEWS, .FUTBOL,
.SOCIAL, .HAUS, .PUB, .MODA, .KAUFEN, .CONSULTING, .ACTOR, .ROCKS, .LAWYER,
.ATTORNEY, .BET, .BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT, .LOTTO, .LTD,
.MEET, .MEMORIAL, .MLS, .PINK, .RED, .SHIKSHA, .HOW, .SOY, .TATTOO, .SEXY,
.LINK, .GIFT, .GUITARS, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .HIPHOP,
.AUDIO, .JUEGOS, .HOSTING, .PROPERTY, .CLICK, .DIET, .HELP, .FLOWERS, .TOKYO,
.NGO, .ONG, .WANG, .SPACE, .SITE, .TECH, .BINGO, .CHAT, .STYLE, .TENNIS,
.APARTMENTS, .CASINO, .SCHOOL, .FOOTBALL, .GOLF, .TOURS, .GOLD, .PLUS, .BUILD,
.LUXURY, .GLOBAL, .VEGAS, .BERLIN, .CAREER, .QUEBEC, .WIEN, .NYC, .PARTY,
.CRICKET, .SCIENCE, .BEER, .CASA, .COOKING, .COUNTRY, .FISHING, .HORSE, .RODEO,
.SURF, .VODKA, .ACCOUNTANT, .ADULT, .AIRFORCE, .AMSTERDAM, .ARMY, .BAND, .BEST,
.BHARAT, .CAFE, .CAPETOWN, .COLLEGE, .COUPONS, .CYMRU, .DATE, .DEGREE,
.DENTIST, .DESIGN, .DOG, .DOWNLOAD, .DURBAN, .ENGINEER, .EXPRESS, .FAITH,
.FASHION, .FIT, .FRL, .FYI, .GARDEN, .GIVES, .HOCKEY, .IRISH, .JEWELRY,
.JOBURG, .LOAN, .LOL, .LOVE, .MARKET, .MARKETS, .MBA, .MORTGAGE, .NAGOYA,
.NAVY, .POKER, .PORN, .RACING, .REPUBLICAN, .REVIEW, .RUN, .SALE, .SHABAKA,
.SHOW, .SOCCER, .SOFTWARE, .SOFTWARE, .TAXI, .TEAM, .THEATER, .TOP, .VET,
.VIDEO, .VOTE, .VOTO, .WALES, .WEDDING, .WIN, .भारत, .ভারত, .భారత్, .ભારત, بھارت.,
.இந்தியா, .ਭਾਰਤ, شبكة.,
.机构, .在线, .中文网, .组织机构, .OPR, .संगठन, .KIWI, .ONE, .CEO, .SKI, .WORK, .RICH, .ONL, .TIROL,
.JETZT, .YOGA, .移动, .FANS, .ABOGADO, MEN, .REHAB,
.GAME, .NEWS, .LIVE, .ONLINE, .STUDIO, .MOVIE, .BRUSSELS, .VLAANDEREN,
.COURSES, .STUDY, .FILM, .LTDA, .SLR, .BAYERN, .BIO, .ARCHI, .MELBOURNE,
.SYDNEY, .CLOUD, .FAMILY, .CAR, .CARS and .AUTO
(3) "Domain Order" refers
to an Order fulfilled by the Customer through the Parent under this Domain
Registration Product Agreement Extension.
(4) "Registrant" refers to
the registrant/owner of a Domain Order as in the OrderBox Database.
(5) "Registrar" refers to
the Registrar of a Domain Order as in the OrderBox Database and/or shown in the
Whois Record.
(6) Registry Operator refers to the
Organisation/Entity that maintains the registry of a TLD of a Domain Order.
(7) "Whois Record" refers
to the collection of all data elements of the Domain Order, specifically its
Registrant Contact Information, Administrative Contact Information, Technical
Contact Information, Billing Contact Information, Nameservers if any, its
Creation and Expiry dates, its Registrar and its current Status in the
Registry.
2. OBLIGATIONS OF THE CUSTOMER
(1) The Customer must ensure that the
Registrant of each Domain Order must agree to be bound by the terms and
conditions laid out by the Registrar of the Domain Name during the term of the
Domain Order. The Customer must familiarize himself with such terms. The
Customer acknowledges that the Registrar has various rights and powers as
mentioned in the Registrar's terms and conditions. Parent is not liable for any
action taken by Registrar pursuant to the Registrar's terms and conditions. The
Customer acknowledges and agrees that the Customer shall indemnify Parent of,
and shall be responsible for any liability resulting from Registrants'
noncompliance with such terms and conditions.
(2) The Customer will not make any
changes to any information associated with the Domain Order without explicit
authorization from the Registrant of that Domain Order.
(3) The Customer must comply with all
applicable terms and conditions, standards, policies, procedures, and practices
laid down by ICANN, the Registrar and the Registry Operator.
3. RIGHTS OF PARENT
Parent and Service Providers, in
their sole discretion, expressly reserve the right to freeze, delete, suspend,
deny, cancel, modify, take ownership of or transfer any Domain Order, in order
to comply with any applicable Dispute policies, requests of law enforcement, or
in compliance with any Court Orders, or if Parent or Service Providers in their
sole discretion determine that the information associated with the Domain Order
is inaccurate, or has been tampered with, or has been modified without
authorization, or if Parent or Service Providers in their sole discretion
determine that the Domain Order ownership should belong to another entity, or
if Customer/Customer/Registrant does not comply with any applicable terms and
conditions, standards, policies, procedures, and practices laid down by Parent,
Service Providers, ICANN, the Registrar and the Registry Operator. The Customer
agrees that Parent and Service Providers, and the contractors, employees,
directors, officers, representatives, agents and affiliates, of Parent and
Service Providers, are not liable for loss or damages that may result from any
of the above.
4. SURVIVAL
In the event of termination of this
Product Agreement Extension for any reason, Sections 2 and 3 shall survive.
APPENDIX 'A'
PRIVACY PROTECTION SERVICE SPECIFIC
CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides
the contact details of the actual owner from appearing in the Whois Lookup
Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Customer acknowledges and agrees
that the contact information being displayed in the Whois of a privacy
protected Domain Order will be those designated by the Parent, and
(1) any mail received via post at
this Address would be rejected;
(2) any telephone call received at
this Telephone Number, would be greeted with an electronic answering machine
requesting the caller to email the email address listed in the Whois of this
privacy protected domain name;
(3) the sender of any email to an
email address listed in the Whois of this privacy protected domain name, will
get an automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant, Administrative,
Billing or Technical Contact of a privacy protected domain name through an
online form. This message would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant, Administrative,
Billing or Technical Contact email address in the OrderBox Database.
(2) Customer agrees that we can not
guarantee delivery of messages to either the Registrant, Administrative,
Billing, Technical Contact, of a privacy protected Domain Order, and that such
message may not be delivered in time or at all, for any reason whatsoever.
Parent and Service Providers disclaim any and all liability associated with
non-delivery of any messages relating to the Domain Order and this service.
(3) Customer understands that the
Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy
Protection is enabled or not, Customers and Registrants are required to fulfill
their obligations of providing true and accurate contact information as
detailed in the Agreement.
(5) Customer understands and
acknowledges that Parent in its sole, unfettered discretion, can discontinue
providing Privacy Protection Services on the Order for any purpose, including
but not limited to:
(1) if Parent receives any abuse
complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws,
government rules or requirements, requests of law enforcement agency, or
(3) for the resolution of disputes
concerning the domain name, or
(4) any other reason that Parent in
its sole discretion deems appropriate to switch off the Privacy Protection
Services.
3. OBLIGATIONS OF CUSTOMER
Customer must ensure that the
Registrant of each Domain Order must also acknowledge and agree to be bound by
the following terms and conditions. The Customer acknowledges and agrees that
the Customer shall indemnify Parent of, and shall be responsible for any
liability resulting from Customer's nondisclosure of these terms to Registrant
of Domain Order.
4. INDEMNITY
Customer and Registrant agree to
release, defend, indemnify and hold harmless Parent, Service Providers,
PrivacyProtect.org, and their parent companies, subsidiaries, affiliates,
shareholders, agents, directors, officers and employees, from and against any
and all claims, demands, liabilities, losses, damages or costs, including
reasonable attorney's fees, arising out of or related in any way to the Privacy
Protection services provided hereunder.
APPENDIX 'B'
LIST OF TLDS PARENT IS AUTHORIZED TO
PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ORG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BIZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.INFO (through Registrar UK2 Group Ltd.)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through
Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.US (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)