|
Agreement
This Agreement sets forth the terms and
conditions of your use of DomainName, Inc.'s ("DomainName")
domain name registration services to register an Internet domain
name, as well as your registration of that domain name, and your use
of any other DomainName services. To complete
the registration process, you must acknowledge that you have read,
understood, and agree to be bound by all terms and conditions of this
Agreement, the accompanying dispute policy and any rules or policies
that are or may be published by DomainName from time to time.
This Agreement will become effective when accepted by DomainName.
DomainName may elect to accept or reject your domain name
registration application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a request
for registration of a prohibited domain name.
1. Who we are
DomainName is a Massachusetts corporation engaged in the business of
providing domain registration and related services, including, but
not limited to domain registration, web site hosting, and e-mail
services. All domain name registrations we process
are not effective until the domain name registration information
you provide us has been delivered to the registry administrator
and the registry
administrator puts into effect your domain name registration.
You acknowledge and agree that DomainName cannot guarantee that you
will obtain a desired domain name registration, even if an inquiry
indicates that domain name is available, since DomainName 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 domain name
registration process or related databases, including the WHOIS
databases.
You further agree and acknowledge that DomainName is not liable or
responsible in any way for any errors, omissions or any other actions
by the registry administrator arising out of or related to your
application and receipt of, or failure to receive, a domain name
registration. You further agree to indemnify, defend and hold
harmless the registry administrator and its directors, officers,
employees, and agents from and against any and all claims, damages,
liabilities, costs, and expenses (including reasonable legal fees and
expenses) arising out of, or related to, your domain name registration.
2. Fees
As consideration for the services provided by DomainName to you, you
agree to pay DomainName, prior to the effectiveness of the desired
domain name registration or other services, the then-current amounts
set forth in the DomainName price schedule for the initial
registration of the domain name and, should you choose to renew the
registration, the then-current amounts set forth in the DomainName
price schedule for any subsequent renewals of the registration and,
should you choose to use any other of the DomainName Services, the
then-current amounts set forth in the DomainName price schedule. To
view the current rates for using DomainName domain name services,
please see the DomainName price schedule found at
Services. All fees are
non-refundable, in whole or in part, even if your domain name
registration is suspended, cancelled or transferred prior to the end
of your then-current registration term. DomainName reserves the right
to change fees, surcharges, and renewal fees or to institute new fees
at any time, for any reason, at its sole discretion.
Your requested domain name will not be registered unless we receive
actual payment of the registration or renewal fee, or reasonable
assurance of payment of the registration or renewal fee from some
other entity (such reasonable assurance as determined by
DomainName in its sole discretion).
In the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection with
the payments of the registration or renewal fee for your domain name
registration, you agree and acknowledge that the domain name
registration shall be transferred to DomainName as the paying
entity for that registration to the registry and that we reserve all
rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for
purchase. We will reinstate your domain name registration solely at
our discretion, and subject to our receipt of the initial
registration or renewal fee and our then-current reinstatement fee,
currently set at US$100 but subject to change under the terms of Section 5 of this Agreement.
You will be notified at least thirty (30) days prior to when a renewal fee is due.
If you do not renew your domain name before its expiration date your domain name registration will
expire, the domain name will be cancelled, and you will no longer have use of the domain name. You agree
that DomainName will not be responsible for cancelled domain names that you fail to renew. If you
fail to renew your domain name in a timely fashion additional charges may apply.
If you fail to renew your domain name, you agree that DomainName may, at its sole discretion, renew
your expired domain name on your behalf. If DomainName decides to renew your expired domain name on
your behalf it will be placed on Hold and you will have a Renewal Grace Period during which you may
reimburse DomainName for the renewal and keep your domain name. The Renewal Grace Period is currently
10 days but is subject to change under the terms of Section 5 of this Agreement. If you do not
reimburse DomainName for the renewal during the Renewal Grace Period your domain name will be flagged
for deletion, which starts a 20 day redemption period during which you may pay DomainName a Redemption
fee and redeem your domain name. The Redemption fee is currently US$29.95 but is subject to change
under the terms of Section 5 of this Agreement. If you do not redeem your domain name prior to the
end of the 20 day redemption period DomainName may, at its sole discretion, delete your domain name
or transfer it to another registrant on your behalf.
If your domain is deleted, the Registry provides a 30 day Redemption Grace Period during which you
may pay DomainName a redemption fee and redeem your domain name. The redemption fee is currently
US$100 but is subject to change under the terms of Section 5 of this Agreement. If you do not redeem
your domain name prior to the end of the Registry's Redemption Grace Period the Registry will release
your domain name and it will become available for registration on a first-come-first-served basis.
3. Transfer of Ownership
DomainName will consider the entity named as the organizational
contact for the domain name, at the time the controlling user name
and password are secured, as the owner of that domain name. You
agree that prior to the effectiveness of any transfer of ownership of
your domain name to another entity, you will pay DomainName the
then-current amount set forth by DomainName 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
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 DomainName in
its sole discretion). You acknowledge and agree that if you attempt
to transfer your domain name registration without paying
DomainName the then-current amount set by DomainName 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 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.
4. Dispute Policy
In the event of any dispute with respect to your registered domain
name, you agree to be bound by the DomainName Domain Name Dispute
Policy, as amended from time to time ("Dispute Policy"), which is
hereby incorporated and made a part of this Agreement by reference
for all purposes. The Dispute Policy currently can be found at
Dispute Policy.
Certain disputes, as specified in the Dispute Policy, are subject to
that Policy. You agree that you will be subject to the provisions
specified in the Dispute Policy in effect at the time your domain
name registration is disputed by a third party, in the event such
dispute arises. You also agree that, in the event a domain name
dispute arises with any third party, you will indemnify and hold
DomainName harmless pursuant to the terms and conditions contained in
the Dispute Policy.
5. Changes to Registration Agreement and Dispute Policy
You acknowledge that the domain name system and the practice of
registering and administering domain names are evolving, and
therefore you agree that DomainName may modify this Agreement and
the Dispute Policy if necessary to comply with an ICANN agreement,
and any other similar agreements that DomainName is currently
bound by or will be bound by in the future, as well as to adjust to
changing business circumstances. Your continued use of the domain
name registered to you shall constitute your acceptance of this
Agreement and the Dispute Policy with the new modifications. If you
do not agree to any of such changes, you may request that your domain
name registration be cancelled or transferred to a different domain
name registrar. You agree that such cancellation or request for
transfer will be your exclusive remedy and our sole liability if you
do not wish to abide by any changes to this Agreement or the Dispute
Policy.
6. Domain Name Registration Information and Its Use
| |
a. |
Information You Are Required to Submit.
You hereby agree and
acknowledge that, as part of the registration process, you are
required to provide certain information and to update promptly this
information as needed to keep it current, complete and accurate. The
information you are obligated to provide and keep current in
connection with the domain name you are registering is the following:
| |
i. Your full name (or the name of the authorized person for contact
purposes, if registration is for an organization, corporation or
association), postal address, email address, voice telephone number,
and fax number, if available (or if different, that of the domain
name holder);
ii. The domain name being registered; and
iii. The name, postal address, email address, voice telephone number,
and where available, fax number for the administrative contact,
technical contact and billing contact for the domain name
registration.
|
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may
have changed. If you do not wish to provide the new required
information, your registration may not be renewed.
All other information that we may request from you at registration is
voluntary. However, not providing this information may prevent you
from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
|
| |
| |
b. |
Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
| |
i. The original creation date of the registration;
ii. The submission date and time of the registration application to
us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, email address, voice telephone number,
and where available, fax number of the zone contact for the domain
name;
viii. The expiration date of the registration; and
ix. Information regarding all other activity between you and us
regarding your domain name registration and related services.
|
|
| |
| |
c. |
Obligations Relating to Provided Data.
In the event that, in
registering the domain name, you are providing information about a
third party, or license your domain name registration 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 Agreement, and (b) that you have
obtained that third party's express consent to the disclosure and use
of that party's information as set forth in this Agreement.
You acknowledge that willfully providing inaccurate or unreliable
information or willfully failing to update information promptly will
constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration. You further
agree that your failure to respond for over fifteen (15) calendar
days to inquiries by DomainName concerning the accuracy of
contact details associated with your registration shall constitute a
material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration.
|
| |
| |
d. |
Disclosure and Use of Registration Information.
You agree and
acknowledge that DomainName will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties
as ICANN and applicable laws may require or permit. You further
agree and acknowledge that DomainName may make publicly
available, or directly available to third party vendors, some, or
all, of the domain name registration information you provide, for
purposes of inspection (such as through our WHOIS service) or for
targeted marketing and other purposes as required or permitted by
ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines,
limits and/or requirements that relate to the amount and type of
information that DomainName may or must make available to the
public or to private entities, and the manner in which such
information is made available.
You hereby consent to any and all such disclosures and use of, and
guidelines, limits and restrictions on disclosure or use of,
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether
during or after the term of your registration of the domain name.
You hereby irrevocably waive any and all claims and causes of action
you may have arising from such disclosure or use of your domain name
registration information by DomainName.
We will not process data about any identified or identifiable natural
person that we obtain from you in a way incompatible with the
purposes and other limitations that we describe in this Agreement.
DomainName will take reasonable precautions to protect the
information obtained from you from loss, misuse, unauthorized
access or disclosure or use, or alteration or destruction, of that
information. DomainName will have no liability to you or any
third party to the extent such reasonable precautions are taken.
|
7. Ownership of Data
You agree and acknowledge that DomainName owns all database,
compilation, collective and similar rights, title and interests
worldwide in our domain name databases, and all information and
derivative works generated from the domain name databases.
Additionally, you hereby grant to DomainName a nonexclusive,
worldwide, perpetual, irrevocable, fully paid-up right and license to
use in our business, however it evolves, including the rights to
copy, distribute, display, perform, transmit, prepare derivative
works from or otherwise use without restriction (other than as set
forth in Section 6(d) of this Agreement) the following information:
(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, administrative contact, zone contact and
billing contact for the domain name registration, (d) any remarks
concerning the registered domain name that appear or should appear in
the WHOIS or similar database, and (e) any other information we
generate or obtain in connection with the provision of domain name
registration services. DomainName does not have any ownership
interest in your specific personal registration information other
than our rights in our domain name databases, as set forth in this
Section 7.
8. Agents and Licenses
You agree that, if you are registering a domain name for someone
else, you represent that you have the authority to nonetheless bind
that person as a principal to all terms and conditions provided
herein, including the Dispute Policy. You agree that if you license
the use of the domain name registered to you to a third party, you
nonetheless remain the domain name holder of record, and remain
responsible for all obligations under this Agreement, including but
not limited to payment obligations, and providing (and updating, as
necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise
in connection with the domain name and domain name registration. As
further required by ICANN, you shall accept liability for harm caused
by wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you with reasonable
evidence of actionable harm.
9. Limitation of Liability
YOU AGREE THAT DomainName WILL NOT BE LIABLE, UNDER ANY
CIRCUMSTANCES, FOR ANY (a) SUSPENSION OR LOSS OF YOUR DOMAIN
NAME REGISTRATION, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c)
INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) ACCESSED BY THE DOMAIN NAME
REGISTERED BY YOU, (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION, (f) EVENTS BEYOND DomainName's
REASONABLE CONTROL, (g) THE PROCESSING OF THIS APPLICATION, OR (h)
APPLICATION OF THE DISPUTE POLICY OR ANY ICANN (OR SIMILAR
GOVERNMENTAL OR SUCCESSOR ORGANIZATION) ADOPTED POLICIES.
DomainName 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 DomainName HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
DomainName's MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FIVE HUNDRED DOLLARS ($500.00). BECAUSE SOME STATES DO
NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO
THE MAXIMUM EXTENT PERMITTED BY LAW.
10. Indemnification of DomainName
You agree to defend, indemnify and hold harmless DomainName as
well as VeriSign, Inc. and Afilias, Ltd, and their directors, officers,
employees and agents from and against any and all claims, loss,
damages, liabilities, costs, and expenses including reasonable legal
fees and expenses arising out of or relating to the registration or
use of the domain name registered in your name. This indemnification
is in addition to any indemnification required under the Dispute
Policy.
11. Representations and Warranties
You represent that, to the best of your knowledge and belief, neither
the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of a third
party. You further represent and warrant that all information
provided by you in connection with your domain name registration is
accurate and current. ALL DOMAIN NAME REGISTRATION SERVICES ARE
PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT
LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, DomainName
MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL
IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION,
OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME
REGISTERED TO YOU.
12. Breach and Revocation
DomainName reserves the right to suspend, cancel, transfer or
modify your domain name registration in the event (a) you materially
breach this Agreement (including the Dispute Policy) and do not cure
such breach within thirty (30) days of notice by DomainName, (b)
you use the domain name registered to you to send unsolicited
commercial advertisements in contradiction to either applicable laws
or customary acceptable usage policies of the Internet, (c) you use
your domain name in connection with unlawful activity, or (d) grounds
arise for such suspension, cancellation, transfer or other
modification as provided for in this Agreement.
You further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation or transfer by any ICANN
adopted policy, or pursuant to any registrar (including DomainName's
agents) or registry administrator procedures not inconsistent with an
ICANN-adopted policy, or by any other ccTLD registry administrator
procedures as the case may be, to correct mistakes by DomainName,
another registrar or the registry administrator in registering the
name or for the resolution of disputes concerning the domain name.
You also agree that DomainName shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a domain
name registration upon seven (7) calendar days prior written notice,
or at such time as DomainName receives a properly authenticated
order from a court of competent jurisdiction, or arbitration award,
requiring the suspension, cancellation transfer or modification of
the domain name registration.
13. Governing Law
Except as otherwise set forth in the Dispute Policy with respect to
disputes, this Agreement, your rights and obligations and all
actions contemplated by this Agreement shall be governed by the laws
of the United States of America and the Commonwealth of
Massachusetts, as if the Agreement was a contract wholly entered into
and wholly performed within the Commonwealth of Massachusetts.
Except as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter relating
to your use of the DomainName site shall be brought exclusively
in the United States District Court of Massachusetts, or if there is
no jurisdiction in such court, then in a state court in
Massachusetts. Notwithstanding the foregoing, for the adjudication
of disputes concerning or arising from use of domain names registered
hereunder, you shall submit, without prejudice to other potentially
applicable jurisdictions, to the jurisdiction of the courts (a) of
the domain name holder's domicile, and (b) where DomainName
headquarters are located, currently Ipswich, MA.
14. Notices
You agree that, unless other instructions are posted on the
DomainName web site, any notices required to be given under this
Agreement will be deemed to have been given if delivered by email or
fax, or sent by certified mail, return receipt requested, or by
Federal Express or other recognized overnight delivery service to
each of the parties in accordance with the most current contact
information you have provided to us, and the contact information for
DomainName posted on the DomainName web site. All notices
shall be effective upon receipt, except that email and fax notices
shall be effective upon transmission.
15. General
This Agreement and the Dispute Policy, together with all
modifications, constitute the complete and exclusive agreement
between you and DomainName concerning your use of DomainName
domain name registration services to register an Internet domain
name, as well as your registration of that domain name, and supersede
and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties. The failure of DomainName to require your
performance of any provision hereof shall not affect the full right
to require such performance at any time thereafter; nor shall the
waiver by DomainName of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that
any provision of this Agreement shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. DomainName will amend or
replace such provision with one that is valid and enforceable and
which achieves, to the extent possible, the original objectives and
intent of DomainName as reflected in the original provision.
This Agreement may not be amended or modified by you except by means
of a written document signed by both you and an authorized
representative of DomainName.
16. Additional Registry Requirements
The following provisions apply to any domain names that you register
through DomainName in the relevant registry(ies).
A.
(.WS) With respect to any registration of a .WS second level
domain name, you agree to the following terms:
| |
Trademark and Name Disputes
|
|
1. You certify that you have legal rights to the name being registered,
and that use of the domain name selected does not violate any copyrights,
trademarks or service marks.
|
| |
|
2. You acknowledge that Global Domains International, Inc. ("GDI"), the
registry operator for .WS, is not responsible for verifying ownership
of any name registered, and that GDI will not become involved in any
dispute over domain name registration rights.
|
| |
|
3. You agree that GDI's involvement in a domain name registration
dispute will be limited to providing registrant contact information
to the disputing party.
|
| |
| |
Registration, Renewal and Administrative Fees
|
|
1. Domain name registration fees must be paid in full for the entire
initial registration period prior to domain activation.
|
| |
|
2. After the initial registration period, renewal fees will be required.
Failure to pay renewal fees by the expiration of the initial registration
period or the prior renewal period will result in the domain being
deactivated and made available for registration by others.
|
| |
|
3. Registration periods purchased prior to an ownership transfer are
automatically forfeited, and do not carry-over to the new owner. The
new owner must complete payment for a new registration period within
10 days of the ownership transfer to retain ownership of the domain.
Failure to complete this step will result in the release of the
domain back into the general pool without compensation or refund.
|
| |
|
4. Domains that are transferred from one owner to another prior to
the regular expiration of the initial registration period or a
renewal period may be subject to an administrative transfer fee at
the discretion of DomainName.
|
| |
|
5. There is no facility for transferring registered domains from
one registrar to another.
|
| |
| |
Acceptable Use Policy
|
|
1. GDI and DomainName are not responsible for the content or use of
any .WS domain registered.
|
| |
|
2. Under extreme circumstances, GSI and DomainName reserve the right
to suspend or permanently remove domains that are used for the purpose
of sending Unsolicited Commercial Email (UCE) when such use may
jeopardize the proper functioning of the .WS Top Level Domain or
DomainName services.
|
| |
|
3. GDI and DomainName reserve the right to suspend or permanently
disable domains that are used for illegal purposes. DomainName
reserves the right to take possession or re-register domains that
were obtained in a fraudulent manner.
|
| |
| |
Reserved and Restricted Names
|
|
1. GDI and DomainName reserve the right to refuse to register any domain
name that is, in opinion, vulgar, obscene or generally offensive to
most individuals.
|
| |
|
2. Since the registration process is automated, GDI and DomainName
reserve the right to review domain names after they are registered.
The owners of names found to be unsuitable after registration has been
completed may register another name or request a refund of the
registration fee.
|
| |
|
3. Some domain names have been reserved by GDI and are not
available for registration. Other domains may be similarly reserved
for traditional and practical reasons.
|
B.
(.INFO) With respect to any registration of a .INFO second level
domain name, you agree to the following terms:
| |
1. You consent to the use, copying, distribution, publication,
modification, and other processing of your Personal Data by Afilias,
the .INFO Registry Operator, and its designees and agents in a manner
consistent with the purposes specified pursuant to its contract.
|
| |
|
2. You agree to submit to proceedings under ICANN's Uniform Domain
Name Dispute Policy (UDRP) and comply with the requirements set forth
by Afilias for domain names registered during the Sunrise Period,
including the mandatory Sunrise Dispute Resolution Policy. These
policies are subject to modification by Afilias in its discretion.
|
| |
|
3. You agree to immediately correct and update the registration
information for the .INFO registered domain name during registration
term for such domain name; failure to correct this information shall
constitute a breach of this Agreement.
|
| |
|
4. You acknowledge that Afilias, the registry operator for .INFO,
will have no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the Sunrise
Period or the Land Rush Period, including, without limitation: (a)
the ability or inability of a registrant to obtain a given domain
name during these periods, and (b) the results of any dispute over a
Sunrise Registration.
|
| |
|
5. DomainName and Afilias, the registry operator for .INFO, expressly
reserve the right to deny, cancel or transfer any registration that
either shall deem necessary, in its discretion, to protect the
integrity and stability of the .INFO registry, to comply with any
applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal, on the part of DomainName
and/or Afilias as well as their affiliates, subsidiaries, officers,
directors and employees. DomainName and Afilias also reserve the
right to lock a domain name during resolution of a dispute.
|
C.
(.BIZ) With respect to any registration of a .BIZ second level
domain name, you agree to the following terms:
| |
1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or
intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall mean
the bona fide use or bona fide intent to use the domain name or any
content, software, materials, graphics or other information thereon,
to permit Internet users to access one or more host computers through
the DNS:
|
a. |
To exchange goods, services, or property of any kind;
|
|
b. |
In the ordinary course of trade or business; or
|
|
c. |
To facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or
business. 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. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby
certify to the best of your knowledge that:
|
a. |
The registered domain name will be used primarily for bona fide
business or commercial purposes and not (i) exclusively for personal
use; or (ii) solely for the purposes of (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.
For more information on the .biz restrictions, which are incorporated
herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
|
|
b. |
You have the authority to enter into this Agreement; and
|
|
c. |
The registered domain name is reasonably related to the your
business or intended commercial purpose at the time of registration.
|
|
| |
|
3. PROVISION OF REGISTRATION DATA.
|
a. |
As part of the registration
process, you are required to provide us with certain information and
to update this information to keep it current, complete and accurate.
This information includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if available; (ii)
the name of an authorized person for contact purposes in the case of
a registrant that is an organization, association, or corporation;
(iii) the IP addresses of the primary nameserver and any secondary
nameserver(s) for the domain name; (iv) the corresponding names of
those nameservers; (v) the full name, postal address, email address,
voice telephone number, and fax number if available of the technical
contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (vii) the name,
postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
(viii) any remark concerning the registered domain name that should
appear in the Whois directory. You agree and understand that the
foregoing registration data will be publicly available and accessible
on the Whois directory as required by ICANN/Registry Policy and may
be sold in bulk in accordance with the ICANN Agreement.
|
|
b. |
You hereby represent and warrant
that the data provided in the domain name registration application is
true, correct, up to date and complete and that you will continue to
keep all the information provided up to date. Your willful provision
of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to
respond for over five calendar days to our inquiries addressed to the
e-mail address of the administrative, billing or technical contact
then appearing in the Whois directory with respect to an domain name
concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered
by or through you or your account, shall constitute a breach of this
Agreement. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN
Agreement or any ICANN/Registry Policy.
|
|
| |
|
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz
domain name through us, you agree to be bound by our current domain
name dispute policy that is incorporated herein and made a part of
this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that
you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from
time to time, which are hereby incorporated and made an integral part
of this Agreement:
The STOP sets forth the terms and conditions in connection with a
dispute between a registrant of a .biz domain name ("Registrant")
with any third party (other than Registry Operator or Registrar) over
the registration or use of a .biz domain name registered by
Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service is 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.
|
| |
|
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in
our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining the
reservation or registration of your domain name after modifications
to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
|
| |
|
6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain
name registration services is challenged by a third party, you will
be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions set forth
below in this Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your use of
our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may
not allow you to make changes to such domain name record until (i) we
are directed to do so by the judicial or administrative body, or (ii)
we receive notification by you and the other party contesting your
registration and use of our domain name registration services that
the dispute has been settled. Furthermore, you agree that if you are
subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your
domain name record into the registry of the judicial body by
supplying a party with a registrar certificate from us.
|
| |
|
7. RESERVATION OF RIGHTS. DomainName and the .biz Registry Operator,
NeuLevel, Inc. expressly reserve the right to deny, cancel or
transfer any registration that either deems necessary, in its
discretion, to protect the integrity and stability of the registry,
to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on
the part of DomainName and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees.
DomainName and NeuLevel, Inc. also reserve the right to freeze a
domain name during resolution of a dispute.
|
D.
(.US) With respect to any registration of a .US second level
domain name, you agree to the following terms:
| |
1. You consent to the use, copying, distribution, publication,
modification, and other processing of your Personal Data by Neustar,
the .US Registry Operator, and its designees and agents in a manner
consistent with the purposes specified in its contract.
|
| |
|
2. You agree to submit to proceedings under the dispute resolution
policy(ies) and comply with the requirements set forth by Neustar for
domain names registered during the Sunrise Period. These policies are
subject to modification by Neustar in its discretion.
|
| |
|
3. You agree to immediately correct and update the registration
information for each .US registered domain name during the
registration term for such domain name; failure to correct this
information shall constitute a breach of this Agreement.
|
| |
|
4. You acknowledge that Neustar, the registry operator for .US, 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 First Come, First Served Period, including, without limitation:
(a) the ability or inability of a registrant to obtain a given domain
name during these periods, and (b) the results of any dispute over a
Sunrise Registration.
|
E.
(.AERO) With respect to any registration of a .AERO domain name,
you agree to the following terms:
| |
1. REGISTRAR'S AGENCY.
The Registrar acts as agent for the Registry Operator and the Sponsor
for the sole purpose, and only to the extent necessary, to enable the
Registry Operator and the Sponsor to receive the benefit of rights
and covenants conferred on each of them under this agreement.
|
| |
|
2. TERMINOLOGY.
"Domain" name means the .aero domain name registered by the Registrant.
"Policy" means the .aero Domain Name Management policy, which can be
viewed at http://www.information.aero/sitaaerodmp.pdf.
"Registrant" means an applicant for, or licensee of, a domain name.
"Registrar" means DomainName, Inc.
"Registry Operator" means SITA Information Networking Computing BV, a
Netherlands corporation with its place of business at Heathrowstraat
(Sloterdjik), 1043Ch Amsterdam, The Netherlands, the person
responsible for administering the .aero domain name registry.
"Sponsor" means Societe Internationale de Telecommunications
Aeronautiques, a Belgian co-operative corporation registered with the
Belgian Registrar of companies number B 217.548., the Sponsor of the
.aero domain name.
|
| |
|
3. WARRANTY.
Registrant warrants that:
|
a. |
to the best of Registrant's knowledge and belief, neither its
registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of a third
party; and
|
|
b. |
the domain name complies with the Policy.
|
Breach of this warranty will constitute a material breach of
this Agreement.
|
| |
|
4. PROVISION OF REGISTRATION DATA.
As part of the registration process, Registrant is required to
provide certain information and agrees to update this information to
keep it current, complete and accurate. This information includes:
|
a. |
Registrant's full name, postal address, email address, voice
telephone number, and fax number if available;
|
|
b. |
the name of an authorized person for contact purposes in the case of a
Registrant that is an organization, association, or corporation;
|
|
c. |
the names of the primary nameserver and any secondary nameserver(s) for
the domain name;
|
|
d. |
the full name, postal address, email address, voice telephone number,
and fax number if available of the technical contact for the domain name;
|
|
e. |
the full name, postal address, email address, voice telephone number,
and fax number if available of the administrative contact for the domain
name; and
|
|
f. |
the name, postal address, e-mail address, voice telephone number, and
fax number if available of the billing contact for the domain name.
|
|
| |
|
5. INACCURATE OR UNRELIABLE DATA.
Registrant represents and warrants that the data provided in the
domain name registration application is true, correct, up to date and
complete and that Registrant will continue to keep all the
information provided up to date. Registrant's willful failure
promptly to update information provided, or any failure to respond
for over 15 calendar days to inquiries by the Registrar, the Registry
Operator and the Sponsor addressed to the email address of the
administrative, billing or technical contact then appearing in the
Whois directory with respect to an domain name concerning the
accuracy of contact details associated with any registration(s) or
the registration of any domain name(s) registered by or through the
Registrant, shall constitute a breach of this agreement and be a
basis for cancellation of the domain name.
|
| |
|
6. USE OF INFORMATION.
Registrant acknowledges that information provided by the Registrant
will be:
|
a. |
transmitted to the Registry Operator for registry use;
|
|
b. |
publicly available as required by ICANN; and
|
|
c. |
used by the Registrar, the Registry Operator and the Sponsor
for inclusion in registers and data bases produced by them or their
licensees.
|
|
| |
|
7. CORRECTION OF DATA.
Registrant may access data provided and rectify any incorrect data
relating to Registrant through a login and password provided by
Registrar (if available) or by making requests to Registrar's
customer support group.
|
| |
|
8. CONSENT
Registrant consents to the use of the information provided by it for
the purposes set out in clause 6. If Registrant does not consent to
the use of the information for the purposes set out in clause 6(c),
then the Registrant must provide non consent verification stating the
name and address of the Registrant and signed by an appropriate
authorised individual. This must be sent to
DomainName, Inc.,
P.O. Box 690,
Ipswich, MA 01938 US,
Attn: General Counsel.
|
| |
|
9. NOTICE TO THIRD PARTIES.
Registrant warrants that:
|
a. |
it has provided, or will provide, to each third party individual
whose personal details the Registrant has provided to Registrar, the
same information about use of those details as set out in clauses 6,
7 and 8; and
|
|
b. |
each third party individually has consented to use
of their personal data for the purposes set out in this agreement.
|
|
| |
|
10. USE OF INFORMATION.
The Registrar, the Registry Operator and the Sponsor will not process
information in a manner incompatible with the purposes and
limitations set out in clauses 6 and 7.
|
| |
|
11. REASONABLE PRECAUTIONS.
The Registrar, the Registry Operator and the Sponsor will take
reasonable precautions to protect personal information obtained from
Registrant from loss, misuse, unauthorised access or disclosure,
alteration or destruction.
|
| |
|
12. LIMITATION OF LIABILITY.
To the extent permitted by law, Registrant agrees that neither the
Registrar, the Registry Operator and the Sponsor have any liability
to the Registrant or the Registrant's agent for any loss Registrant
may incur in connection with the processing of this agreement, the
processing of any pre-registration application or application for a
domain name, the processing of any authorized modification to the
domain name's record during the covered registration period, or the
failure by the Registrant's agent to pay a pre-registration or
registration fee or renewal fee, or as a result of the application of
the provisions of the relevant domain name dispute policy.
|
| |
|
13. SUSPENSION, CANCELLATION, TRANSFER.
Registrant agrees that registration of its domain name shall be
subject to suspension, cancellation or transfer by the Registrar or
the Sponsor pursuant to any Sponsor or ICANN adopted specification or
policy, or pursuant to any Registrar or registry procedure not
inconsistent with an ICANN adopted specification or policy:
|
a. |
to correct mistakes by Registrar, the Registry Operator of the
Sponsor in registering the domain name; and
|
|
b. |
for the resolution of disputes concerning the domain name
|
|
| |
|
14. INDEMNITY.
The Registrant agrees to indemnify, keep indemnified and hold the
Registrar, the Registry Operator, the Sponsor and their directors,
officers, employees and agents harmless from and against any
and all claims, damages, liabilities, costs and expenses (including
reasonable legal fees and expenses) arising out of or relating to
Registrant's domain name registration or pre-registration, or to the
Registrant's use of the domain name.
|
| |
|
15. SUBMISSION TO JURISDICTION.
For the adjudication of disputes concerning or arising from the use
of the domain name, the Registrant submits, without prejudice to
other potentially applicable jurisdictions, to the jurisdictions of
the courts of:
|
a. |
the Registrar's domicile; and
|
|
b. |
the place where the Sponsor is located.
|
|
| |
|
16. DOMAIN NAME LICENSE.
Domain Names will be registered to Registrants only for fixed
periods. At the conclusion of the registration period, failure by or
on behalf of the Registrant to pay a renewal fee within the time
specified shall, in the absence of extenuating circumstances, result
in cancellation of the registration. The domain name is personal to
the Registrant, and the Registrant may not transfer or license the
domain name to any other person.
|
| |
|
17. CHANGES TO THE DOMAIN NAME MANAGEMENT POLICY.
The Registrant acknowledges that the Policy is expected to evolve.
Changes in the Policy may result in cancellation or non-renewal of
the registration or a change of terms under which the registration
may be maintained.
|
| |
|
18. AGREEMENT WITH POLICIES.
Registrant acknowledges that it has 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 incorporated and
made an integral part of this agreement:
|
| |
|
19. BREACH.
Registrant agrees that failure to abide by any provision of this
agreement or any relevant domain name dispute policy may be
considered by Registrar or the Sponsor as a material breach and that
Registrar or the Sponsor may provide a notice describing the breach
to the Registrant. If ,within 30 days of the date of the notice, the
Registrant fails to provide evidence, which is reasonably
satisfactory to the Registrar or the Sponsor (as the case may be)
that it has not breached its obligations, then Registrar or the
Sponsor may delete Registrant's registration of the domain name. Any
such breach by a Registrant shall not be taken to be excused simply
because the Registrar or the Sponsor did not act earlier in response
to that, or any other, breach by the Registrant. Notice may be given
by mail, facsimile, email or other electronic means.
|
|
