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This Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of this domain name registration
service to register an Internet domain name, your registration
of that domain name, as well as other domain name related
services. In this Agreement "you" and "your" refer to each
customer and "we", "us" and "our" refer to eNom, Inc.
("Registrar"), the ICANN accredited Registrar and 2GM
Corporation, through which the services are being offered. This
Agreement explains our obligations to you, and explains your
obligations to us for various services. By selecting our
service(s) you have agreed to establish an account with us for
such services. When you use your account or permit someone else
to use it to purchase or otherwise acquire access to additional
service(s) or to cancel your service(s) (even if we were not
notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided under this
Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement, the
accompanying dispute policy and any pertinent rules or policies
that are or may be published by the ICANN accredited Registrar
and the Reseller of domain names and through which the services
are being offered.
This Agreement will become effective when
accepted by the ICANN accredited Registrar and the reseller of
domain names and through which the services are being offered.
The ICANN accredited Registrar and the reseller of domain names
and through which the services are being offered may elect to
accept or reject your domain name registration application for
any reason at its sole discretion, such rejection including, but
not limited to, rejection due to a request for registration of a
prohibited domain name.
1. Our Services:
You agree and acknowledge that the ICANN accredited Registrar
and the reseller of domain names and through which the services
are being offered is not liable or responsible in any way for
any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and
receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the
registry administrator (Verisign GRS), the ICANN accredited
Registrar and the reseller of domain names and through which the
services are being offered, and its directors, officers,
employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including any direct,
indirect, incidental, special or consequential damages and
reasonable legal fees and expenses) arising out of, or related
to, your domain name registration.
2. What We Do Not Do:
We cannot and do not check to see whether the domain name you
select, or the use you make of the domain name, infringes legal
rights of others. We urge you to investigate to see whether the
domain name you select or its use infringes legal rights of
others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You
should be aware that there is the possibility we might be
ordered by a court to cancel, modify, or transfer your domain
name. You should also be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we may turn to
you to hold us harmless and to indemnify us.
3. Fees:
As consideration for the domain name registration services
and/or other services provided by the Reseller to you, you agree
to pay 2GM Corporation, prior to the effectiveness of the
desired domain name registration, the applicable service(s) fees
for the initial registration of the domain name and, should you
choose to renew the registration, subsequent renewals of the
registration. All fees are non-refundable, in whole or in part,
even if your domain name registration is suspended, cancelled or
transferred prior to the end of your then current registration
term. Your requested domain name will not be registered unless
we receive actual payment of the registration fee, or reasonable
assurance of payment of the registration fee from some other
entity (such reasonable assurance as determined at our sole
discretion). As further consideration for the service(s), you
agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process
and (2) maintain and update this information as needed to keep
it current, complete and accurate. All such information shall be
referred to as account information ("Account Information"). In
the event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection
with the payments of the registration fee for your domain name
registration, you agree and acknowledge that the domain name
registration shall be transferred to us as the paying entity for
that registration to the registry. We will reinstate your domain
name registration solely at our discretion, and subject to our
receipt of the initial registration or renewal fee and our
then-current reinstatement fee, currently set at US$200. You
will be notified via an email message or via your account
information when renewal fees are due. Should these fees go
unpaid within the time specified in a second notice or reminder
regarding renewal or anytime after name actually expires, your
registration can be cancelled. Payment must be made by credit
card or such other method as we may indicate in the registration
application or renewal form. We will renew your name for you
provided your credit card or other billing information is
available and up to date, unless you instruct us otherwise
within the time specified. If your billing information is not
accurate and you wish to renew your domain name registration, we
will contact you to update this information and charge you
accordingly. You also certify that you have read the
Merchant Services Agreement and agree to be bound by any and
all applicable terms and conditions contained within that
agreement.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through
us, or transferred a domain name to us from another registrar,
you agree to be bound by our current Disclaimer published on our
site ("Disclaimer") and our current Domain Name Dispute Policy
("Dispute Policy") which are incorporated herein and made a part
of this Agreement by reference. The Disclaimer can be found at
DISCLAIMER and the Dispute Policy can be found at
DISPUTE
POLICY. Certain disputes, as specified in the Dispute
Policy, are subject to that Policy. You agree that, if the
registration or reservation of your domain name is challenged by
a third party, you will be subject to the provisions specified
in the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree
that, in the event a domain name dispute arises with any third
party, you will indemnify and hold us harmless pursuant to the
terms and conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name
registration to another domain name registrar during the first
sixty (60) days from the effective date of your initial domain
name registration with 2GM Corporation. Your request to transfer
to another registrar may be denied in situations described in
the Dispute Policy, including, but not limited to: a dispute
over the identity of the domain name holder; bankruptcy; and
default in the payment of any fees. You have the ability to
prevent a transfer to another Registrar by placing a Registrar
Lock ("lock") on your domain. By having a lock status on your
domain, you are providing express objection to any and all
transfer requests issued from another Registrar. Should you
choose to transfer to another Registrar, you must log into your
account and remove the lock prior to our receipt of the transfer
request from the gaining Registrar.
6. Modifications to our Registration
Agreement and Dispute Policy:
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such
revision or change will be binding and effective immediately on
posting of the revised Agreement or change to the service(s) on
2GM Corporation web site, or on notification to you by e-mail or
United States mail. You agree to review 2GM Corporation web
site, including the Agreement, periodically to be aware of any
such revisions. If you do not agree with any revision to the
Agreement, you may terminate this Agreement at any time by
providing us with notice by e-mail at domain@2globalmart.com or
United States mail at the addresses listed on the cover page of
this Agreement. Notice of your termination will be effective on
receipt and processing by us. You agree that, by continuing to
use the our services following notice of any revision to this
Agreement or change in service(s), you abide by any such
revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your
continued use of the domain name registered to you shall
constitute your acceptance of this Agreement and the Dispute
Policy with the new modifications. You acknowledge that if you
do not agree to any of such changes, you may request that your
domain name registration be cancelled or transferred to a
different domain name registrar. You agree that such
cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this
Agreement or the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of
the registration process, you are required to provide certain
information and to update this information promptly as needed to
keep it current, complete and accurate. The information you are
obligated to provide in connection with the domain name you are
registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, voice telephone number, and where available, fax
number; and
iii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of all contacts for the
domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to
provide may have changed. If you do not wish to provide the new
required information, your registration may not be renewed.
All other information which we may request from you at
registration is voluntary. However, not providing the requested
information may prevent you from obtaining all products and
services made available to domain name registrants by us, other
than registration of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may
include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact
for the domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for
the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are
providing information about or on behalf of a third party, you
hereby represent that you have (a) provided notice to that third
party of the disclosure and use of that party's information as
set forth in this Agreement, and (b) that you have obtained that
third party's express consent to the disclosure and use of that
party's information as set forth in this Agreement. By
registering a name or applying for services you also represent
that the statements in its application are true and you also
represent that the Domain Name is not being registered for any
unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly
will constitute a material breach of this Agreement and will be
sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond for
over ten (10 ) calendar days to inquiries by 2GM Corporation
concerning the accuracy of contact details associated with your
registration shall constitute a material breach of this
Agreement and will be sufficient basis for cancellation of your
domain name registration.
d. Privacy Policy: Disclosure and Use of Registration
Information. You agree and acknowledge that 2GM Corporation
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 2GM Corporation 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 2GM Corporation may or must make
available to the public or to private entities, and the manner
in which such information is made available.
You hereby consent to any and all such disclosures and use
of, and guidelines, limits and restrictions on disclosure or use
of, information provided by you in connection with the
registration of a domain name (including any updates to such
information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive
any and all claims and causes of action you may have arising
from such disclosure or use of your domain name registration and
other information by 2GM Corporation.
You may access your domain name registration information in
our possession to review, modify or update such information, by
accessing your account at our web site, or via a similar
service. In order to change any of your account information with
us, you must use your Account Identifier and Password that you
selected when you opened your account with us. Please safeguard
your Account Identifier and Password from any unauthorized use.
You agree that any person in possession of you Account
Identifier and Password will have the ability and your
authorization to modify your account information. In no event
will we be liable for the unauthorized use or misuse of your
Account Identifier or Password. 2GM Corporation will take
reasonable precautions to protect the information it obtains
from you from our loss, misuse, unauthorized access or
disclosure, alteration or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that we own all database, compilation,
collective and similar rights, title and interests worldwide in
our domain name database, and all information and derivative
works generated from the domain name database. You further agree
and acknowledge that we own the following information for those
registrations for which we are the registrar: (a) the original
creation date of the registration, (b) the expiration date of
the registration, (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of all
contacts for the domain name registration, (d) any remarks
concerning the registered domain name that appear or should
appear in the WHOIS or similar database, and (e) any other
information we generate or obtain in connection with the
provision of domain name registration services, other than the
domain name being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the domain name,
and the corresponding names of those nameservers. We do not have
any ownership interest in your specific personal registration
information outside of its rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name for or
on behalf of someone else, you represent that you have the
authority to nonetheless bind that person as a principal to all
terms and conditions provided herein, including the Dispute
Policy.
You agree that if you license the use of the domain name
registered to you to a third party, you nonetheless remain the
domain name holder of record, and remain responsible for all
obligations under this Agreement, including but not limited to
payment obligations, and providing (and updating, as necessary)
both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to
facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration.
10. Announcements:
We reserve the right to distribute information to you that is
pertinent to the quality or operation of our services and those
of our service partners. These announcements will be
predominately informative in nature and may include notices
describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet.
11. Limitation of Liability:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF
YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4)
ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB
SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN
YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR
OTHER MODIFICATION; (7) EVENTS BEYOND OUR CONTROL; (8) THE
PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING
FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. WE ALSO
WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL
OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY
YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER
THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry
Operators, Registrar, 2GM Corporation, their contractors,
agents, employees, officers, directors and affiliates harmless
from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this
Agreement, the services provided hereunder or your use of the
services, including without limitation infringement by you, or
someone else using any service with your computer, of any
intellectual property or other proprietary right of any person
or entity, or from the violation of any operating rule or policy
relating to the service(s) provided. When we are threatened with
suit by a third party, we may seek written assurances from you
concerning your promise to indemnify us; your failure to provide
those assurances may be considered by us to be a breach of your
Agreement and may result in deactivation of your domain name.
This indemnification is in addition to any indemnification
required under the Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF,
NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN
WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL
RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT
ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN
NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING THE REGISTRAR'S ACCREDITATION AS AN ICANN-APPROVED
DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS
AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR
A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES
ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR
DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR
TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU
WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER
SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH
MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR
SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US
OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE
EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS
MAY NOT APPLY TO YOU.
14. Breach and Revocation:
We reserve the right to suspend, cancel, transfer or modify
your domain name registration or suspend, cancel or modify other
services we provide in the event (a) you materially breach this
Agreement (including the Dispute Policy) and do not cure such
breach within thirty (30) days of notice by us, (b) you use the
domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws or
customary acceptable usage policies of the Internet, (c) you use
your domain name in connection with unlawful activity, or (d)
grounds arise for such suspension, cancellation, transfer or
other modification as provided for in this Agreement. You
further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation or transfer by any
ICANN procedure, by any registrar or registry administrator
procedures approved by an ICANN-adopted policy, (1) to correct
mistakes by us, another registrar or the registry administrator
in administering the name or (2) for the resolution of disputes
concerning the domain name.
You also agree that we shall have the right in its sole
discretion to suspend, cancel, transfer or otherwise modify a
domain name registration upon seven (7) calendar days prior
written notice, or at such time as we receive a properly
authenticated order from a court of competent jurisdiction, or
arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you for
other service(s), or to delete your domain name within thirty
(30) calendar days from receipt of your payment for such
services. In the event we do not register or reserve your domain
name or register you for other service(s), or we delete your
domain name or other service(s) within such thirty (30) calendar
day period, we agree to refund your applicable fee(s). You agree
that we shall not be liable to you for loss or damages that may
result from our refusal to register or reserve, or delete your
domain name or register you for other service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with
respect to disputes, this Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the State of
Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. Except
as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter
relating to your use of Registrar or Reseller site shall be
brought exclusively in the United States District Court for the
Western District of Washington, or if there is no jurisdiction
in such court, then in a state court in King County.
17. Notices:
You agree that any notices required to be given under this
Agreement by us to you will be deemed to have been given if
delivered in accordance with the contact information you have
provided.
18. Infancy:
You attest that you are of legal age to enter into this
Agreement.
19. General:
This Agreement, Disclaimer and the Dispute Policy, together
with all modifications, constitute the complete and exclusive
agreement between you the 2GM Corporation, and the Registrar,
and supersede and govern all prior proposals, agreements, or
other communications. Nothing contained in this Policy shall be
construed as creating any agency, partnership, or other form of
joint enterprise between the parties. Our failure to require
your performance of any provision hereof shall not affect the
full right to require such performance at any time thereafter;
nor shall the waiver by the Registrar of a breach of any
provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Policy
shall be unenforceable or invalid under any applicable law or be
so held by applicable court decision, such unenforceability or
invalidity shall not render this Policy unenforceable or invalid
as a whole. We will amend or replace such provision with one
that is valid and enforceable and which achieves, to the extent
possible, our original objectives and intent of as reflected in
the original provision. This Agreement, our Disclaimer and the
Dispute Policy may not be amended or modified by you except by
means of a written document signed by both you and an authorized
representative of Registrar.
20. Additional Registry Requirements.
Listed below are additional contractual requirements that
you, the registrant, must also agree to should you desire to
register a domain name in these registries.
- .TV, .CC, .BZ, and .WS - In addition to the terms
set forth above, the following terms shall apply to
registrants of .TV, .CC, .BZ, and .WS domain names. Your
registration of a domain name in the .TV, .CC, .BZ, or .WS
top-level domain ("New TLD Domain Name"), is subject to
policies established or revised from time to time by the
registry for such New TLD Domain Name ("New TLD Registry"), in
its capacity as the registry for its respective Top Level
Domain. Each respective New TLD Registry's current policies
("New TLD Registry Policies") are available for you to review
at each New TLD's respective website. You agree to be bound by
and comply with the applicable New TLD Registry Policies,
including amendments and modifications thereto, with respect
to your New TLD Domain Name registration. Such policies shall
not alter the terms and conditions of this Agreement. To the
extent there is a conflict between the New TLD Registry
policies and the terms of this Agreement, the terms of this
Service Agreement shall prevail. You agree that the New TLD
Registry has the right to enforce the New TLD Registry
Policies.
- .INFO - Should you seek to register a .INFO second
level domain name you, the registrant, must also agree to the
following terms:
- Registrant consents to the use, copying, distribution,
publication, modification, and other processing of
Registered Domain Name Holder's Personal Data by Afilias,
the .INFO Registry Operator, and its designees and agents in
a manner consistent with the purposes specified pursuant in
its contract.
- Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Name Dispute Policy (UDRP) and comply with
the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies
are subject to modification.
- Registrant agrees to immediately correct and update the
registration information for the Registered Name during
registration term for the Registered Name, failure to
correct this information shall constitute a breach of this
Agreement.
- Registrant acknowledges that Afilias, the registry
operator for .INFO, will have no liability of any kind for
any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation: (a) the ability or
inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute over a
Sunrise Registration.
- Registrar, 2GM Corporation and Afilias, the registry
operator for .INFO, expressly reserve the right to deny,
cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Registrar,
2GM Corporation and/or Afilias as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar,
2GM Corporation and Afilias also reserve the right to freeze
a domain name during resolution of a dispute.
- .BIZ - Should you seek to register a .BIZ second
level domain name you, the registrant, must also agree to the
following terms:
- BIZ RESTRICTIONS. Registrations in the .biz TLD must be
used or intended to be used primarily for bona fide business
or commercial purposes. For purposes of the .biz
Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or
bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon,
to permit Internet users to access one or more host
computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property
of any kind; or,
b) the ordinary course of trade or business.Registering a
domain name solely for the purposes of
i. selling, trading or leasing the domain name for
compensation, or
ii. the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a"bona
fide business or commercial use" of that domain name.
- BIZ CERTIFICATION. As a .biz domain name registrant, you
hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for bona
fide business or commercial purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for
compensation, or
b. the unsolicited offering to sell, trade or lease the
domain name for compensation. For more information on the
.biz restrictions, which are incorporated herein by
reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter
into the registration agreement; and
2. the registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the
time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the
registration process, you are required to Provide us with
certain information and to update this information to keep
it current, complete and accurate. This information includes
(i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name
of an authorized person for contact purposes in the case of
a registrant that is an organization, association, or
corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameserver(s) for the domain
name; (iv) the corresponding names of those nameservers; (v)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name,
postal address, e-mail address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available
of the billing contact for the domain name; and (viii) any
remark concerning the registered domain name that should
appear in the Whois directory. You agree and understand that
the foregoing registration data will be publicly available
and accessible on the Whois directory as required by ICANN/Registry
Policy and may be sold in bulk in accordance with the ICANN
Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and
warrant that the data provided in the domain name
registration application is true, correct, up to date and
complete and that you will continue to keep all the
information provided up to date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any
failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing
in the Whois directory with respect to an domain name
concerning the accuracy of contact details associated with
any registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall
constitute a breach of this Agreement. Any information
collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by
the ICANN Agreement or any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a .biz domain name through us, you agree to be
bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
that policy. In addition, you hereby acknowledge that you
have read and understood and agree to be bound by the terms
and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated and
made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
and
(iii) The Restrictions Dispute Resolution Criteria and
Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain name
("Registrant") with any third party (other than Registry
Operator or Registrar) over the registration or use of a
.biz domain name registered by Registrant that is subject to
the Intellectual Property Claim Service. The Intellectual
Property Claim Service a service introduced by Registry
Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been
registered in which that Claimant claims intellectual
property rights. In accordance with the STOP and its
associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited
dispute resolution providers. The UDRP sets forth the terms
and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or
Registrar over the registration and use of an Internet
domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions
will be enforced directly by or through Registry Operator.
Registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used
primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or
UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that
we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at
least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or
registration of your domain name after modifications to the
dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to
any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your
Agreement with us.
- DOMAIN NAME DISPUTES. You agree that, if your use of our
domain name registration services is challenged by a third
party, you will be subject to the provisions specified in
our dispute policy in effect at the time of the dispute. You
agree that in the event a domain name dispute arises with
any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your
use of our domain name registration services, you agree not
to make any changes to your domain name record without our
prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party
with a registrar certificate from us.
- RESERVATION OF RIGHTS. Registrar, 2GM Corporation, and
the .biz Registry Operator, NeuLevel, Inc. expressly reserve
the right to deny, cancel or transfer any registration that
it deems necessary, in its discretion, to protect the
integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar, RESELLER and/or NeuLevel,
Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. Registrar, 2GM Corporation, and
NeuLevel, Inc. also reserve the right to freeze a domain
name during resolution of a dispute.
- .NAME - Should you seek to register a .NAME second
level domain name you, the registrant, must also agree to the
following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally
registered marks to exclusively pre-register on the .name
space and create a protective barrier for their trademarks.
A "Defensive Registration" is a registration granted to a
third party of a specific string on the second or third
level, or of a specific set of strings on the second and
third levels, which will not resolve within the domain name
system but may prevent the registration of the same string(s)
on the same level(s) by other third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive
Registrant"), you hereby certify to the best of your
knowledge that for Phase I Defensive Registrations ("Phase I
Defensive Registrants"), you own valid and enforceable
trademark or service mark registrations having national
effect that issued prior to April 16, 2001 for strings that
are identical to the textual or word elements, using ASCII
characters only, subject to the same character and
formatting restrictions as apply to all registrations in the
Registry TLD. You understand that trademark or service mark
registrations from the supplemental or equivalent Registry
of any country, or from individual states or provinces of a
nation, will not be accepted. Subject to the same character
and formatting restrictions as apply to all registrations in
the Registry TLD, if a trademark or service mark
registration incorporates design elements, the ASCII
character portion of that mark may qualify to be a Phase I
Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall
comply with the following Eligibility Requirements,
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of
which is subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of
a separate registration fee;
(iii) The Defensive Registrant must provide the information
requested in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it
conflicts with a then-existing Personal Name Registration or
other reserved word or string.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. You
must provide contact information, including name, email
address, postal address and telephone number, for use in
disputes relating to the Defensive Registration. You
understand and agree that this contact information will be
provided as part of the Whois record for the Defensive
Registration. You further understand that the foregoing
registration data may be transferred outside of the European
Community, such as to the United States, and you expressly
consent to such export.
(b) In addition to the information provided in subsection
(a) above, Phase I Defensive Registrants must also provide
(1) the name, in ASCII characters, of the trademark or
service mark being registered; (2) the date the registration
issued; (3) the country of registration; and (4) the
registration number or other comparable identifier used by
the registration authority.
(c) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of the
information provided up-to-date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any
failure to respond for over five (5) calendar days to our
inquiries addressed to the email address of the
administrative, billing or technical contact then appearing
in the publicly available Whois directory with respect to a
Defensive Registration(s) concerning the accuracy of contact
details associated with any such Defensive Registration(s)
registered by or through you or your account shall
constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree
that: (i) the Defensive Registration will be subject to
challenge pursuant to the Eligibility Requirements Dispute
Resolution Policy ("ERDRP"); (ii) if the Defensive
Registration is successfully challenged pursuant to the
ERDRP, the Defensive Registrant will pay the challenge fees;
and (iii) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in
Section 2(h) of Appendix L to the agreement of Global Name
Registry ("Registry Operator") with the Internet Corporation
for Assigned Names and Numbers ("ICANN"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive
Registration is successfully challenged on the basis that it
did not meet the applicable Eligibility Requirements, the
Defensive Registrant will thereafter be required to
demonstrate, at its expense, that it meets the Eligibility
Requirements for Phase I Defensive Registrations for all
other Phase I Defensive Registrations that it registered
within .name through any Registrar. In the event that the
Defensive Registrant is unable to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .name and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the
Defensive Registration after modifications to the dispute
policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to
any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your
Agreement with us.
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged
by a third party, you will be subject to the provisions
specified in our Defensive Registration dispute policy in
effect at the time of the dispute. You agree that in the
event a Defensive Registration dispute arises with any third
party, you will indemnify and hold Registrar and 2GM
Corporation harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative
body regarding your Defensive Registration, you agree not to
make any changes to your Defensive Registration record
without our prior approval. We may not allow you to make
changes to such Defensive Registration record until (i) we
are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other
party contesting your Defensive Registration and use of our
domain name registration services that the dispute has been
settled. Furthermore, you agree that if you are subject to
litigation regarding your Defensive Registration and use of
our domain name registration services, we may deposit
control of your Defensive Registration record into the
registry of the judicial body by supplying a party with a
Registrar certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to
allow individuals to share a part of their space. For
example, if you have filed a Defensive Registration on PQR
(which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name),
you may be asked to give consent to John Pqr to register
JOHN.PQR.name if he can prove that PQR is his name. In such
a circumstance, you will have five (5) days to respond to a
request for consent.
- .NAME REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an
individual's "Personal Name". For purposes of the .name
restrictions (the "Restrictions"), a "Personal Name" is a
person's legal name, or a name by which the person is
commonly known. A "name by which a person is commonly known"
includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor.
- .NAME CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the
best of your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD")
email address is your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes the information contained in the Whois
directory, including: (i) your full name and postal address,
email address, voice telephone number, and fax number, if
available; (ii) the IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address,
voice telephone number, and fax number, if available, of the
technical contact for the domain name; (iv) the full name,
postal address, email address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; (v) the name, postal address, email
address, voice telephone number, and fax number, if
available, of the billing contact for the domain name. You
agree and understand that the foregoing registration data
will be publicly available and accessible on the Whois
directory as required by Internet Corporation for Assigned
Names and Numbers ("ICANN")/Registry Policy. You further
understand that the foregoing registration data may be
transferred outside of the European Community, such as to
the United States, and you expressly consent to such export.
(b) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of the
information provided up-to-date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any
failure to respond to our inquiries addressed to the email
address of the administrative, billing or technical contact
then appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of
any domain name(s) registered by or through you or your
account shall constitute a breach of this Agreement. Any
information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used
in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or
permitted by the ICANN Agreement or an ICANN/Registry
Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through
us, you agree to be bound by our current domain name dispute
policy that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to
be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this
Agreement:
(a) the Eligibility Requirements (the "Eligibility
Requirements"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name
domain names and Personal Name SLD email addresses will be
granted on a first-come, first-served basis, except for
registrations granted as a result of a dispute resolution
proceeding or during the land rush procedures in connection
with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal
Name of a fictional character, if you have trademark or
service mark rights in that character's Personal Name; (iii)
in addition to a Personal Name registration, you may add
numeric characters to the beginning or the end of your
Personal Name so as to differentiate it from other Personal
Names.
The ERDRP applies to challenges to (i) registered domain
names and SLD email address registrations within .name on
the grounds that a Registrant does not meet the Eligibility
Requirements, and (ii) to Defensive Registrations within
.name.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than
Global Name Registry ("Registry Operator") or Registrar over
the registration and use of an Internet domain name
registered by a Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it
becomes effective. You agree that, by maintaining the
reservation or registration of your domain name or SLD email
address after modifications to the dispute policy become
effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not
refund any fees paid by you if you terminate your Agreement
with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject
to the provisions specified in our dispute policy in effect
at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will
indemnify and hold Registrar harmless pursuant to the terms
and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name
registration services, you agree not to make any changes to
your domain name record without our prior approval. We may
not allow you to make changes to such domain name record
until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you
and the other party contesting your registration and use of
our domain name registration services that the dispute has
been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our
domain name registration services, we may deposit control of
your domain name record into the Registry of the judicial
body by supplying a party with a Registrar certificate from
us.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your
option, include Email Forwarding. To the extent you opt to
use Email Forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible for all
use of Email Forwarding, including the content of messages
sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for
Internet and email usage. This includes the following
restrictions. Without prejudice to the foregoing, you
undertake not to use Email Forwarding:
(i) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted
to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright
and/or proprietary rights or publishing defamatory material;
(ii) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the
sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use of
distribution lists (mailing lists) which include persons who
have not specifically given their consent to be placed on
such a distribution list.
Users are not permitted to provide false names or in any
other way to pose as somebody else when using Email
Forwarding.
(c) Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail from
systems with a history of abuse from entering Registry
Operator's Email Forwarding. However, due to the nature of
such systems, which actively block messages, Registry
Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or
Registrar to give feedback on the decision.
(d) You understand and agree that Registry Operator may
delete material that does not conform to clause (c) above or
that in some other way constitutes a misuse of Email
Forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to Email
Forwarding if you use Email Forwarding in a way that
contravenes this Agreement. You will be given prior warning
of discontinuation of the Email Forwarding unless it would
damage the reputation of Registry Operator or jeopardize the
security of Registry Operator or others to do so. Registry
Operator reserves the right to immediately discontinue Email
Forwarding without notice if the technical stability of
Email Forwarding is threatened in any way, or if you are in
breach of this Agreement. On discontinuing Email Forwarding,
Registry Operator is not obliged to store any contents or to
forward unsent email to you or a third party.
(e) You understand and agree that to the extent Registry
Operator is required by law to disclose certain information
or material in connection with your Email Forwarding,
Registry Operator will do so in accordance with such
requirement and without notice to you.
- RESERVATION OF RIGHTS
Registrar, 2GM Corporation and Registry Operator Operator,
expressly reserve the right to deny, cancel or transfer any
Defensive Registration that it deems necessary, in its
discretion, to protect the integrity and stability of the
Registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Registrar,
2GM Corporation and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and employees.
Registrar, 2GM Corporation and Registry Operator also
reserve the right to freeze a Defensive Registration during
a resolution of a dispute.
- LIMITATION OF LIABILITY
You agree that Registrar, 2GM Corporation and Registry
Operator will have no liability of any kind for any loss or
liability resulting from (i) the processing of Defensive
Registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a
Registered Name or SLD email address registration using
these processes; or (ii) any dispute over any .name domain
name, SLD email address, Defensive Registration or NameWatch
Registration, including the decision of any dispute
resolution proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registrar,
2GM Corporation, and Registry Operator, and its directors,
officers, employees and agents from and against any and all
claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or
relating to your registration. This indemnification
obligation will survive the termination or expiration of
this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for
which Registry Operator has monitoring responsibility in
accordance with the Registry Agreement or under any other
arrangement with ICANN; and
(b) operational standards, policies, procedures, and
practices for the Registry TLD established from time to time
by Registry Operator in a non-arbitrary manner and
applicable to all Registrars, including affiliates of
Registry Operator, and consistent with ICANN's standards,
policies, procedures, and practices and Registry Operator's
Registry Agreement with ICANN. Among Registry Operator's
operational standards, policies, procedures, and practices
are those set forth in Exhibit E of the Registry-Registrar
Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational
standards, policies, procedures, and practices for the
Registry TLD shall be effective upon thirty (30) days notice
by Registry Operator to Registrar.
- .US - Should you seek to register a .US second
level domain name you, the registrant, must also agree to the
following terms:
- Representations and Warranties. You represent and
certify that, to the best of your knowledge and belief, (i)
neither the registration of the domain name nor the manner
in which it is directly or indirectly used infringes the
legal rights of any third party, (ii) you have the requisite
power and authority to enter into this Agreement and to
perform the obligations hereunder, (iii) you have and shall
continue to have a lawful bona fide U.S. Nexus as defined in
the "usTLD Nexus Requirements" , (iv) you are of legal age
to enter into this Agreement, and (vi) you agree to comply
with all applicable laws, regulations and policies of
Registrar and the usTLD Administrator.
- Provision of Registration Data. As part of the
registration process, you are required to provide us with
certain information and to update this information to keep
it current, complete and accurate. This information
includes: (i) the Registered Name; (ii) the names of the
primary nameserver and secondary nameserver(s) for the
Registered Name; (iii) your name and postal address; (iv)
the name, postal address, e-mail address, voice telephone
number, and (where available) fax number of the technical
contact for the Registered Name; (v) the name, postal
address, e-mail address, voice telephone number, and (where
available) fax number of the administrative contact for the
Registered Name; (vi) the name, postal address, e-mail
address, voice telephone number, and fax number if available
of the billing contact for the Registered Name; (vii) any
remark concerning the registered domain name that should
appear in the Whois directory; and (viii) any other data
NeuStar, as the Registry, requires be submitted to it,
including specifically information regarding the primary
purpose for which a domain name is registered (e.g.,
business, education, etc.). You agree and understand that
the foregoing registration data will be publicly available
and accessible on the Whois directory pursuant to the DoC/Registry
Policy. Any information collected by us concerning an
identified or identifiable natural person ("Personal Data")
will be used in connection with the registration of your
domain name(s) and for the purposes of this Agreement and as
required or permitted by the Department of Commerce Contract
with the Registry or any USTLD Administrator/DoC Policy.
- Inaccurate or Unreliable Data. You hereby represent and
warrant that the data provided in the domain name
registration application is true, correct, up to date and
complete and that you will continue to keep all the
information provided up to date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any
failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing
in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with
any registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall
constitute a breach of this Agreement.
- Government Use of Data. You understand and agree that
the U.S. Government shall have the right to use, disclose,
reproduce, prepare derivative works, distribute copies to
the public, and perform publicly and display publicly, in
any manner and for any purpose whatsoever and to have or
permit other to do so, all Data provided by Registrant.
"Data" means any recorded information, and includes without
limitation, technical data and computer software, regardless
of the form or the medium on which it may be recorded.
- Licensing of a Domain Name. If you intend to license use
of a domain name to a third party, you nonetheless are the
registrant of record and are responsible for providing full
contact information and for providing and updating accurate
technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in
connection with the domain name. You shall accept liability
for harm caused by wrongful use of the domain name, unless
you promptly disclose the identity of the licensee to a
party providing you reasonable evidence of actionable harm.
- Domain Name Dispute Policy. If you reserved or
registered a .us domain name through us, you agree to be
bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by
reference. Please take the time to familiarize yourself with
that policy. In addition, you hereby acknowledge that you
have read and understood and agree to be bound by the terms
and conditions of the policies of the usTLD Administrator as
documented on its website, www.neustar.us, as they may be
amended from time to time, and which are hereby incorporated
and made an integral part of this Agreement.
- Domain Name Dispute Policy Modifications. You agree that
we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at
least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the reservation or
registration of your domain name after modifications to the
dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to
any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your
Agreement with us.
- including Registry policies incorporated by reference.
You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set forth in
this Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your
use of our domain name registration services, you agree not
to make any changes to your domain name record without our
prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party
with a registrar certificate from us.
- Jurisdiction. For the adjudication of disputes
concerning or arising from use of the domain name, you shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the
Registrant's domicile, (2) the State of Washington, and 3)
the Commonwealth of Virginia.
- Suspension, Cancellation or Transfer. You agree that
your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any usTLD
Administrator adopted specification or policy, or pursuant
to any registrar or usTLD Administrator procedure not
inconsistent with a usTLD Administrator adopted
specification or policy, (1) to correct mistakes by
Registrar or the usTLD Administrator in registering the name
or (2) for the resolution of disputes concerning the domain
name.
- Indemnification. The Registrant shall indemnify and hold
harmless the Registrar, 2GM Corporation and the usTLD
Administrator and their directors, officers, employees,
representatives, agents, affiliates, and stockholders from
and against any and all claims, suits, actions, other
proceedings, damages, liabilities, costs and expenses of any
kind, including without limitation reasonable legal fees and
expenses, arising out of or relating to the Registrant's (i)
domain name registration and (ii) use of any of a domain
name.
- Reservation by usTLD Administrator. Registrar, 2GM
Corporation and usTLD Administrator reserve the right to
deny, cancel or transfer any registration that they deem
necessary, in their discretion, (1) to protect the integrity
and stability of the registry, (2) to comply with any
applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute
resolution process, (3) to avoid any liability, civil or
criminal, on the part of usTLD Administrator or Registrar,
as well as their affiliates, subsidiaries, officers,
directors, representatives, employees, and stockholders, (4)
for violations of this Agreement, or (5) to correct mistakes
made by usTLD Administrator or any registrar in connection
with a domain name registration. usTLD Administrator and
Registrar also reserve the right to freeze a domain name
during resolution of a dispute.
- .NU - Should you seek to register a .NU second
level domain name you, the registrant, must also agree to
these terms.
- (.UK) In addition to the general terms and
conditions of agreement with eNom listed in Sections 1 through
19 above, you agree to the following
terms and conditions for registrations in .UK WITH THE
FOLLOWING IMPORTANT MODIFICATION: You also agree that .uk
domains which are not renewed will be deleted one day before
the scheduled expiration date. For example: You register a .UK
domain on April 9, 2003, for two years. Then, on April 7,
2005, you renew the domain for an additional one year. Your
domain will then be scheduled to expire on April 9, 2006. If,
however, you do not renew your domain on April 7, 2005, it
will be deleted on April 8, 2005. The reason for this is that
Nominet uses a non-real-time email-based system to make status
changes in the .UK registry. The combination of this
email-based system and Nominet's policy on renewals means that
we will be charged for a renewal unless the name is deleted
(via instructions in an email) prior to the end of the
registration period which is then in effect. As a consequence,
if we do not receive your renewal instructions prior to
one-day before the end of the registration period, we will
send the delete instruction one-day before the end of the
registration period then in effect. Also, all .UK
registrations are bound to a different Dispute Policy than the
one outlined in section 4 above. Section 4 will still apply
when registering any .UK domain however Nominet's Dispute
Policy shall be applied instead of the Uniform Domain Name
Dispute Resolution Policy.
- (.CN) Should you seek to register a .CN second or
third level domain name you, the registrant, must also agree
to the .CN end user agreement.
- Representations and Warranties. You represent and
certify that, to the best of your knowledge and belief, (i)
neither the registration of the domain name nor the manner
in which it is directly or indirectly used infringes the
legal rights of any third party, (ii) you have the requisite
power and authority to enter into this Agreement and to
perform the obligations hereunder, (iii) you are of legal
age to enter into this Agreement, and (vi) you agree to
comply with all applicable laws, regulations and policies of
the Peoples Republic of China's governmental agencies and
the China Internet Network Information Center ("CNNIC"),
including but not limited to the following rules and
regulations: (i) China Internet Domain Name Regulations
(currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii)
CNNIC Detailed Rules of Internet Domain Name Registration
Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml);
(iii) CNNIC Domain Name Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules
for CNNIC Domain Name Dispute Resolution Policy (currently
at http://www.cnnic.net.cn/doc/e-9.shtml).
- Provision of Registration Data. As part of the
registration process, you are required to provide us with
certain information and to update this information to keep
it current, complete and accurate. This information
includes: (i) the Registered Name; (ii) the names of the
primary nameserver and secondary nameserver(s) for the
Registered Name; (iii) your name, postal address, e-mail
address, voice telephone number and (where available) fax
number; (iv) the name, postal address, e-mail address, voice
telephone number, and (where available) fax number of the
technical contact for the Registered Name; (v) the name,
postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact
for the Registered Name; (vi) the name, postal address,
e-mail address, voice telephone number, and fax number if
available of the billing contact for the Registered Name;
(vii) any remark concerning the registered domain name that
should appear in the Whois directory; and (viii) any other
data CNNIC, as the Registry, requires be submitted to it.
You agree and understand that the foregoing registration
data will be publicly available and accessible on the Whois
directory pursuant to the CNNC Policy. Any information
collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by
the CNNIC.
- Business or Organization Representation: The .cn
top-level domain space is intended for businesses and
organizations and not for individual use. By registering a .cn
domain name, you hereby represent that you have registered
the domain name on behalf of a business or organization.
- Inaccurate or Unreliable Data. You hereby represent and
warrant that the data provided in the domain name
registration application is true, correct, up to date and
complete and that you will continue to keep all the
information provided up to date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any
failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing
in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with
any registration(s) or the registration of any domain name(s)
registered by or through you or your account, shall
constitute a breach of this Agreement.
- Maximum Term: The maximum term for a domain name
registration in the .cn TLD shall be five (5) years. Domain
Name Registrations shall be available for terms of one, two,
three, four and five years.
- Prohibited Uses for .cn domain name. Registrant may not
register or use a domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed in the
Constitution of the Peoples Republic of China ("PRC");
- Jeopardize national security, leak state secrets,
intend to overturn the government, or disrupt of state
integrity of the PRC;
- Harm national honor and national interests of the PRC;
- Instigate hostility or discrimination between
different nationalities, or disrupt the national
solidarity of the PRC;
- Violate the PRC's religion policies or propagate cult
and feudal superstition;
- Spread rumors, disturb public order or disrupt social
stability of the PRC;
- Spread pornography, obscenity, gambling, violence,
homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe other
people's legal rights and interests in the PRC; or
- Take any other action prohibited in laws, rules and
administrative regulations of the PRC.
- True Registrant of Domain Name. By registering a .cn
domain name, you shall be the registrant of record and
responsible for providing full contact information and for
providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution
of any problems that arise in connection with the domain
name. You accept liability for harm caused by wrongful use
of the domain name.
- Domain Name Dispute Policy. If you have registered a
second or third-level .cn domain name through us, you agree
to be bound by the CNNIC Domain Name Dispute Resolution
Policy & Rules for CNNIC Domain Name Dispute Resolution
Policy ("Dispute Policy"), http://www.cnnic.net.cn/ruler/20.shtml,
which is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to
be bound by the terms and conditions of the policies of the
CNNIC, as they may be amended from time to time, and which
are hereby incorporated and made an integral part of this
Agreement.
- Domain Name Dispute Policy Modifications. You agree that
we, in our sole discretion, may modify our dispute policy.
We will post any such revised policy on our Web site at
least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the registration of your
domain name after modifications to the dispute policy become
effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not
refund any fees paid by you if you terminate your Agreement
with us.
- Domain Name Disputes. You agree that, if your use of our
domain name registration services is challenged by a third
party, you will be subject to the provisions specified in
the 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, CNNIC and
NeuStar, Inc.("Registry Gateway Provider"), harmless
pursuant to the terms and conditions set forth in this
Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your
use of our domain name registration services, you agree not
to make any changes to your domain name record without our
prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your
registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your
registration and use of our domain name registration
services, we may deposit control of your domain name record
into the registry of the judicial body by supplying a party
with a registrar certificate from us.
- Jurisdiction. For the adjudication of disputes
concerning or arising from use of the Registered Name, the
Registrant shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of
the courts (1) of the Registrant's domicile, (2) where
Registrar is located, and 3) the People's Republic of China.
- Governing Law. For the adjudication of a dispute
concerning or arising from use of the domain name, such
dispute shall be governed under the Laws of the Peoples
Republic of China.
- Suspension, Cancellation or Transfer. You agree that
your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any CNNIC
adopted specification or policy, or pursuant to any
registrar or CNNIC procedure not inconsistent with a CNNIC
adopted specification or policy, (1) to correct mistakes by
Registrar or the CNNIC in registering the name or (2) for
the resolution of disputes concerning the domain name.
- Indemnification. The Registrant shall indemnify and hold
harmless the [Registrar], Registry Gateway Provider and
CNNIC and their directors, officers, employees,
representatives, agents, affiliates, and stockholders from
and against any and all claims, suits, actions, other
proceedings, damages, liabilities, costs and expenses of any
kind, including without limitation reasonable legal fees and
expenses, arising out of or relating to the Registrant's (i)
domain name registration and (ii) use of any of a domain
name.
- Reservation by CNNIC and Registry Gateway Provider.
[Registrar], the Registry Gateway Provider and CNNIC reserve
the right to deny, cancel or transfer any registration that
they deem necessary, in their discretion, (1) to protect the
integrity and stability of the registry, (2) to comply with
any applicable laws, government rules or requirements,
requests of law enforcement,
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