- Disclaimer
- Registration Agreement
- Dispute Policy
- Transfer Policy
DISCLAIMER
InternetHosting.com, referred to as "InternetHosting.com" or "InternetHosting.com.com"
at its sole discretion, may change the terms, conditions and operation
of this Web site (the "Site") at anytime. By using this
service the user agrees to the terms of this disclaimer and further
waives any rights or claims it may have against InternetHosting.com
and the supporting registrar.
The content available through the Site is the sole property of
InternetHosting.com or its advertisers, suppliers or licensors and
is protected by patent, copyright, trademark and other intellectual
property laws. Except as otherwise explicitly agreed in writing,
content received through the Site may be downloaded, displayed,
reformatted and printed for your personal, non-commercial use only.
Content owned by InternetHosting.com advertisers, suppliers or licensors
may be subject to additional restrictions. You agree not to reproduce,
retransmit, distribute, disseminate, sell, publish, broadcast or
circulate the content received through the Site to anyone, including
but not limited to others in the same company or organization without
InternetHosting.com's express prior written consent.
WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE InternetHosting.com
WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT.
SOME STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO
THE FOREGOING DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES
YOU SPECIFIC LEGAL RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS
WHICH VARY FROM STATE TO STATE.
WITHOUT LIMITING THE FOREGOING, InternetHosting.com OR THE SUPPORTING
REGISTRAR SHALL NOT BE LIABLE TO YOU OR YOUR BUSINESS FOR ANY INCIDENTAL,
CONSEQUENTIAL, SPECIAL, OR PUNITIVE DAMAGES OR LOST OR IMPUTED PROFITS
OR ROYALTIES ARISING OUT OF THE USE OF THIS SITE OR ANY GOODS OR
SERVICES PROVIDED, WHETHER FOR BREACH OF WARRANTY OR ANY OBLIGATION
ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY IS ASSERTED IN
CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT LIABILITY)
AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE POSSIBILITY
OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY CLAIMS
THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS
MAY ADVERTISE THEIR PRODUCTS AND SERVICES ON THE InternetHosting.com
WEB SITE AND THAT InternetHosting.com MAY FORM PARTNERSHIPS
OR ALLIANCES WITH SOME OF THESE VENDORS FROM TIME TO TIME IN ORDER
TO FACILITATE THE PROVISION OF THESE PRODUCTS AND SERVICES TO YOU.
HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT AT NO TIME IS InternetHosting.com
MAKING ANY REPRESENTATION OR WARRANTY REGARDING ANY THIRD PARTY'S
PRODUCTS OR SERVICES, NOR WILL InternetHosting.com BE LIABLE TO
YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN CONNECTION
WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM
AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST InternetHosting.com
WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM
EXTENT PERMITTED BY LAW.
REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms
and conditions of your use of the current registrar and this company's
domain name registration services to register an Internet domain
name, your registration of that domain name, as well as other domain
name related services. In this Agreement "you" and "your" refer
to each customer and "we", "us" and "our" refer to the company as
referenced in this site content and "the current registrar" refers
to the current registrar. 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 by the current registrar and this
company 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 current registrar or this company.
This Agreement will become effective when accepted by the current
registrar or this company. The current registrar or this company
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: The current
registrar is an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") for Top Level Domain Names
(TLDs), currently .com, .net and .org. ICANN oversees registrations
and other aspects of the TLDs. As an accredited domain name registrar,
the current registrar is, upon accepting your domain name registration
application, your sponsor for that application. All domain name
registrations we register for TLDs are not effective until we have
delivered the domain name registration information you provide us
to the registry administrator for the TLDs, as applicable, and the
registry administrator puts into effect your domain name registration.
Currently, the registry administrator for the .com, .net and .org
TLDs is Network Solutions, Inc.
You agree and acknowledge that the current registrar and this company
is not liable or responsible in any way for any errors, omissions
or any other actions by the registry administrator arising out of
or related to your application and receipt of, or failure to receive,
a domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect, incidental, special
or consequential damages and reasonable legal fees and expenses)
arising out of, or related to, your domain name registration.
2. What We Do Not Do: We cannot
and do not check to see whether the domain name you select, or the
use you make of the domain name, infringes legal rights of others.
We urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we
suggest you seek advice of competent counsel. You may wish to consider
seeking one or more trademark registrations in connection with your
domain name. You should be aware that there is the possibility we
might be ordered by a court to cancel, modify, or transfer your
domain name. You should also be aware that if we are sued or threatened
with lawsuit in connection with your domain name, we may turn to
you to hold us harmless and to indemnify us.
3. Fees: As consideration for
the domain name registration services and/or other services provided
by the current registrarand this company to you, you agree to pay
this company, 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 by the current registrarand this
company in its 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 the current registrar as the paying entity for
that registration to the registry. We will reinstate your domain
name registration solely at our discretion, and subject to our receipt
of the initial registration or renewal fee and our then-current
reinstatement fee, currently set at US$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, your registration
will be cancelled. Payment must be made by credit card or such other
method as we may indicate in the registration application or renewal
form. We will renew your name for you provided your credit card
or other billing information is available and up to date, unless
you instruct us otherwise within the time specified. If your billing
information is not accurate and you wish to renew your domain name
registration, we will contact you to update this information and
charge you accordingly.
4. 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 the registar's 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.htm
and the Dispute Policy can be found at drp.htm.
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 this reseller
and teh registrar of record 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 the current registrar. You agree to provide written, signed
authorization or electronic confirmation to the current registrar
for the transfer of the domain name to another registrar and agree
to pay any and all fees that may be charged by the current registrar
and this company to effect the transfer. Your request to transfer
to another registrar may be denied in situations described in the
Dispute Policy, including, but not limited to: a dispute over the
identity of the domain name holder; bankruptcy; and default in the
payment of any fees.
6. Modifications to this company's 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 this company's
web site, or on notification to you by e-mail or United States mail.
You agree to review our 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 domains@internetregistration.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 this company's services following notice of any revision
to this Agreement or change in service(s), you abide by any such
revisions or changes. You further agree that we, in our sole discretion,
may modify our Dispute Policy at any time. Your continued use of
the domain name registered to you shall constitute your acceptance
of this Agreement and the Dispute Policy with the new modifications.
You acknowledge that if you do not agree to any of such changes,
you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that
such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this Agreement
or the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the
registration process, you are required to provide certain information
and to update this information promptly as needed to keep it current,
complete and accurate. The information you are obligated to provide
in connection with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number;
and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration,
the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your
registration may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information may
prevent you from obtaining all products and services made available
to domain name registrants by us, other than registration of the
domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the
domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for
the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby represent
that you have (a) provided notice to that third party of the disclosure
and use of that party's information as set forth in this Agreement,
and (b) that you have obtained that third party's express consent
to the disclosure and use of that party's information as set forth
in this Agreement. By registering a name or applying for services
you also represent that the statements in its application are true
and you also represent that the Domain Name is not being registered
for any unlawful purpose.
You acknowledge that willfully providing inaccurate information
or willfully failing to update information promptly will constitute
a material breach of this Agreement and will be sufficient basis
for cancellation of your domain name registration. You further agree
that your failure to respond for over ten (10 ) calendar days to
inquiries by this company 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 this company 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 this company 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 this company 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 this company.
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 (https://www.internethosting.com),
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.
This company 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 the current registrar and this company
owns all database, compilation, collective and similar rights, title
and interests worldwide in the respective domain name databases,
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.
The current registrar and this company does 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,
the current registrar, this company, their contractors, agents,
employees, officers, directors and affiliates harmless from all
liabilities, claims and expenses, including attorney's fees, of
third parties relating to or arising under this Agreement, the services
provided hereunder or your use of these services, including without
limitation infringement by you, or someone else using any of these
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 OUR ACCREDITATION
AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH
OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY
KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE,
UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE.
WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF
A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE THE CURRENT REGISTRAR'S
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, (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
the current registrar, 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
this site shall be brought exclusively in the United States District
Court for the Western District of Washington, or if there is no
jurisdiction in such court, then in a state court in King County.
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, Our Disclaimer and the Dispute Policy, together
with all modifications, constitute the complete and exclusive agreement
between you and us, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership, or other
form of joint enterprise between the parties. The failure of us
to require your performance of any provision hereof shall not affect
the full right to require such performance at any time thereafter;
nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. In the event
that any provision of this Policy shall be unenforceable or invalid
under any applicable law or be so held by applicable court decision,
such unenforceability or invalidity shall not render this Policy
unenforceable or invalid as a whole. we will amend or replace such
provision with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent as reflected
in the original provision. This Agreement, 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 this company.
20. Additional Registry Requirements
Listed below are additional contractual requirements that you, the
registrant, must agree to should you desire to register a domain
name in these registries.
- (.NU) In addition to the terms set forth above, the following
terms shall apply to registrants of .tv, .cc, .bz, .nu and .ws
domain names. Your registration of a domain name in the .TV, .CC,
.BZ, .NU or .WS top-level domain ("New TLD Domain Name"), is subject
to policies established or revised from time to time by the registry
for such New TLD Domain Name ("New TLD Registry"), in its capacity
as the registry for its respective Top Level Domain. Each respective
New TLD Registry's current policies ("New TLD Registry Policies")
are available for you to review at each New TLD's respective website.
You agree to be bound by and comply with the applicable New TLD
Registry Policies, including amendments and modifications thereto,
with respect to your New TLD Domain Name registration. Such policies
shall not alter the terms and conditions of this Agreement. To
the extent there is a conflict between the New TLD Registry policies
and the terms of this Agreement, the terms of this Service Agreement
shall prevail. You agree that the New TLD Registry has the right
to enforce the New TLD Registry Policies.
- (.INFO) Should you seek to register a .INFO second level
domain name you, the registrant, must agree to the following terms:
- Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name
Holder's Personal Data by Afilias, the .INFO Registry Operator,
and its designees and agents in a manner consistent with the
purposes specified pursuant in its contract.
- Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Name Dispute Policy (UDRP) and comply with the requirements
set forth by Afilias for domain names registered during the
Sunrise Period, including the mandatory Sunrise Dispute Resolution
Policy. These policies are subject to modification.
- Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term
for the Registered Name, failure to correct this information
shall constitute a breach of this Agreement.
- Registrant acknowledges that Afilias, the registry operator
for .INFO, will have no liability of any kind for any loss or
liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including, without
limitation: (a) the ability or inability of a registrant to
obtain a Registered Name during these periods, and (b) the results
of any dispute over a Sunrise Registration.
- Registrar and Afilias, the registry operator for .INFO, expressly
reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Registrar and/or
Afilias as well as their affiliates, subsidiaries, officers,
directors and employees. Registrar and Afilias also reserve
the right to freeze a domain name during resolution of a dispute.
- (.BIZ) Should you seek to register a .BIZ second level
domain name you, the registrant, must agree to the following terms:
- BIZ RESTRICTIONS. Registrations in the .biz TLD must be used
or intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one
or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property
of any kind; or, b) the ordinary course of trade or business.Registering
a domain name solely for the purposes of
i. selling, trading or leasing the domain name for compensation,
or ii. the unsolicited offering tosell, trade or lease the domain
name for compensation shall not constitute a"bona fide business
or commercial use" of that domain name.
- BIZ CERTIFICATION. As a .biz domain name registrant, you hereby
certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide
business or commercial purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation,
or
b. the unsolicited offering to sell, trade or lease the domain
name for compensation. For more information on the .biz restrictions,
which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into
the registration agreement; and
2. the registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration
process, you are required to Provide us with certain information
and to update this information to keep it current, complete
and accurate. This information includes (i) your full name,
postal address, e-mail address, voice telephone number, and
fax number if available; (ii) the name of an authorized person
for contact purposes in the case of a registrant that is an
organization, association, or corporation; (iii) the IP addresses
of the primary nameserver and any secondary nameserver(s) for
the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact
for the domain name; (vi) the full name, postal address, e-mail
address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (vii) the
name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the domain
name; and (viii) any remark concerning the registered domain
name that should appear in the Whois directory. You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required
by ICANN/Registry Policy and may be sold in bulk in accordance
with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant
that the data provided in the domain name registration application
is true, correct, up to date and complete and that you will
continue to keep all the information provided up to date. Your
willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us,
or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative,
billing or technical contact then appearing in the Whois directory
with respect to an domain name concerning the accuracy of contact
details associated with any registration(s) or the registration
of any domain name(s) registered by or through you or your account,
shall constitute a breach of this Agreement. Any information
collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement
or any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered
a .biz domain name through us, you agree to be bound by our
current domain name dispute policy that is incorporated herein
and made a part of this Agreement by reference. Please take
the time to familiarize yourself with that policy. In addition,
you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with
a dispute between a registrant of a .biz domain name ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .biz domain name registered
by Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered
in which that Claimant claims intellectual property rights.
In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers. The
UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use
of an Internet domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use
of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that
a domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider. None
of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not
review, monitor, or otherwise verify that any particular domain
name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP
or UDRP processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we,
in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty
(30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain
name after modifications to the dispute policy become effective,
you have agreed to these modifications. You acknowledge that
if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
- DOMAIN NAME DISPUTES. You agree that, if your use of our domain
name registration services is challenged by a third party, you
will be subject to the provisions specified in our dispute policy
in effect at the time of the dispute. You agree that in the
event a domain name dispute arises with any third party, you
will indemnify and hold us harmless pursuant to the terms and
conditions set forth below in this Agreement. If we are notified
that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services,
you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes
to such domain name record until (i) we are directed to do so
by the judicial or administrative body, or (ii) we receive notification
by you and the other party contesting your registration and
use of our domain name registration services that the dispute
has been settled. Furthermore, you agree that if you are subject
to litigation regarding your registration and use of our domain
name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying
a party with a registrar certificate from us.
- RESERVATION OF RIGHTS. The current registrar 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 the current registrar and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. The current registrar and NeuLevel,
Inc. also reserve the right to freeze a domain name during resolution
of a dispute.
- (.NAME) Should you seek to register a .NAME second level
domain name you, the registrant, must agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered
marks to exclusively pre-register on the .name space and create
a protective barrier for their trademarks. A "Defensive Registration"
is a registration granted to a third party of a specific string
on the second or third level, or of a specific set of strings
on the second and third levels, which will not resolve within
the domain name system but may prevent the registration of
the same string(s) on the same level(s) by other third party
applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for
Phase I Defensive Registrations ("Phase I Defensive Registrants"),
you own valid and enforceable trademark or service mark registrations
having national effect that issued prior to April 16, 2001
for strings that are identical to the textual or word elements,
using ASCII characters only, subject to the same character
and formatting restrictions as apply to all registrations
in the Registry TLD. You understand that trademark or service
mark registrations from the supplemental or equivalent Registry
of any country, or from individual states or provinces of
a nation, will not be accepted. Subject to the same character
and formatting restrictions as apply to all registrations
in the Registry TLD, if a trademark or service mark registration
incorporates design elements, the ASCII character portion
of that mark may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall
comply with the following Eligibility Requirements, available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each
of which is subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of
a separate registration fee;
(iii) The Defensive Registrant must provide the information
requested in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts
with a then-existing Personal Name Registration or other reserved
word or string.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required
to provide us with certain information and to update this
information to keep it current, complete and accurate. You
must provide contact information, including name, email address,
postal address and telephone number, for use in disputes relating
to the Defensive Registration. You understand and agree that
this contact information will be provided as part of the Whois
record for the Defensive Registration. You further understand
that the foregoing registration data may be transferred outside
of the European Community, such as to the United States, and
you expressly consent to such export.
(b) In addition to the information provided in subsection
(a) above, Phase I Defensive Registrants must also provide
(1) the name, in ASCII characters, of the trademark or service
mark being registered; (2) the date the registration issued;
(3) the country of registration; and (4) the registration
number or other comparable identifier used by the registration
authority
(c) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of the
information provided up-to-date. Your wilful provision of
inaccurate or unreliable information, your wilful failure
promptly to update information provided to us, or any failure
to respond for over five (5) calendar days to our inquiries
addressed to the email address of the administrative, billing
or technical contact then appearing in the publicly available
Whois directory with respect to a Defensive Registration(s)
concerning the accuracy of contact details associated with
any such Defensive Registration(s) registered by or through
you or your account shall constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree
that: (i) the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution
Policy ("ERDRP"); (ii) if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant
will pay the challenge fees; and (iii) if a challenge is successful,
then the Defensive Registration will be subject to the procedures
described in Section 2(h) of Appendix L to the agreement of
Global Name Registry ("Registry Operator") with the Internet
Corporation for Assigned Names and Numbers ("ICANN"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration
is successfully challenged on the basis that it did not meet
the applicable Eligibility Requirements, the Defensive Registrant
will thereafter be required to demonstrate, at its expense,
that it meets the Eligibility Requirements for Phase I Defensive
Registrations for all other Phase I Defensive Registrations
that it registered within .name through any Registrar. In
the event that the Defensive Registrant is unable to demonstrate
the foregoing with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .name and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the Defensive Registration
after modifications to the dispute policy become effective,
you have agreed to these modifications. You acknowledge that
if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DEFENSIVE REGISTRATIONS DISPUTEs
You agree that, if your Defensive Registration is challenged
by a third party, you will be subject to the provisions specified
in our Defensive Registration dispute policy in effect at
the time of the dispute. You agree that in the event a Defensive
Registration dispute arises with any third party, you will
indemnify and hold the current registrar and this company
harmless pursuant to the terms and conditions set forth below
in this Agreement. If we are notified that a complaint has
been filed with a judicial or administrative body regarding
your Defensive Registration, you agree not to make any changes
to your Defensive Registration record without our prior approval.
We may not allow you to make changes to such Defensive Registration
record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by
you and the other party contesting your Defensive Registration
and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your Defensive Registration
and use of our domain name registration services, we may deposit
control of your Defensive Registration record into the registry
of the judicial body by supplying a party with a Registrar
certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to
allow individuals to share a part of their space. For example,
if you have filed a Defensive Registration on PQR (which blocks
out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be
asked to give consent to John Pqr to register JOHN.PQR.name
if he can prove that PQR is his name. In such a circumstance,
you will have five (5) days to respond to a request for consent.
- .name REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a person's legal name,
or a name by which the person is commonly known. A "name by
which a person is commonly known" includes, without limitation,
a pseudonym used by an author or painter, or a stage name
used by a singer or actor.
- .name CERTIFICATIONS As a .name domain name Registrant,
you hereby certify to the best of your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD")
email address is your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required
to provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes the information contained in the Whois
directory, including: (i) your full name and postal address,
email address, voice telephone number, and fax number, if
available; (ii) the IP addresses and names of the primary
nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address,
voice telephone number, and fax number, if available, of the
technical contact for the domain name; (iv) the full name,
postal address, email address, voice telephone number, and
fax number if available of the administrative contact for
the domain name; (v) the name, postal address, email address,
voice telephone number, and fax number, if available, of the
billing contact for the domain name. You agree and understand
that the foregoing registration data will be publicly available
and accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN")/Registry
Policy. You further understand that the foregoing registration
data may be transferred outside of the European Community,
such as to the United States, and you expressly consent to
such export.
(b) You hereby represent and warrant the data provided in
the registration application is true, correct, up-to-date
and complete and that you will continue to keep all of the
information provided up-to-date. Your willful provision of
inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure
to respond to our inquiries addressed to the email address
of the administrative, billing or technical contact then appearing
in the Whois directory with respect to a domain name concerning
the accuracy of contact details associated with any registration(s)
or the registration of any domain name(s) registered by or
through you or your account shall constitute a breach of this
Agreement. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used
in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or
permitted by the ICANN Agreement or an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through
us, you agree to be bound by our current domain name dispute
policy that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge
that you have read and understood and agree to be bound by
the terms and conditions of the following documents, as they
may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
(a) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain
names and Personal Name SLD email addresses will be granted
on a first-come, first-served basis, except for registrations
granted as a result of a dispute resolution proceeding or
during the landrush procedures in connection with the opening
of the Registry TLD. The following categories of Personal
Name Registrations may be registered: (i) the Personal Name
of an individual; (ii) the Personal Name of a fictional character,
if you have trademark or service mark rights in that character's
Personal Name; (iii) in addition to a Personal Name registration,
you may add numeric characters to the beginning or the end
of your Personal Name so as to differentiate it from other
Personal Names.
The ERDRP applies to challenges to (i) registered domain names
and SLD email address registrations within .name on the grounds
that a Registrant does not meet the Eligibility Requirements,
and (ii) to Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than Global
Name Registry ("Registry Operator") or Registrar over the
registration and use of an Internet domain name registered
by a Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation
or registration of your domain name or SLD email address after
modifications to the dispute policy become effective, you
have agreed to these modifications. You acknowledge that if
you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject
to the provisions specified in our dispute policy in effect
at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will
indemnify and hold the current registrar and this company
harmless pursuant to the terms and conditions set forth below
in this Agreement. If we are notified that a complaint has
been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree
not to make any changes to your domain name record without
our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so
by the judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your registration
and use of our domain name registration services that the
dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration and
use of our domain name registration services, we may deposit
control of your domain name record into the Registry of the
judicial body by supplying a party with a Registrar certificate
from us.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your
option, include Email Forwarding. To the extent you opt to
use Email Forwarding, you are obliged to do so in accordance
with all applicable legislation and are responsible for all
use of Email Forwarding, including the content of messages
sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet
and email usage. This includes, but is not limited to the
Acceptable Use Policy, available at _____________, as well
as the following restrictions. Without prejudice to the foregoing,
you undertake not to use Email Forwarding:
(i) to encourage, allow or participate in any form of illegal
or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading
computer viruses, breach of copyright and/or proprietary rights
or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security
or access control without the sufficient approval of the owner
of the system or network;
(iii) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use
of distribution lists (mailing lists) which include persons
who have not specifically given their consent to be placed
on such a distribution list.
Users are not permitted to provide false names or in any other
way to pose as somebody else when using Email Forwarding.
(c) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's Email
Forwarding. However, due to the nature of such systems, which
actively block messages, Registry Operator shall make public
any decision to implement such systems a reasonable time in
advance, so as to allow you, the current registrar or this
company 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
The current registrar, this company 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 the current registrar, this
company and/or Registry Operator, as well as their affiliates,
subsidiaries, officers, directors and employees. The current
registrar, this company and Registry Operator also reserve
the right to freeze a Defensive Registration during a resolution
of a dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of
any kind for any loss or liability resulting from (i) the
processing of Defensive Registration requests prior to live
SRS launch, including, without limitation, your ability or
inability to obtain a Registered Name or SLD email address
registration using these processes; or (ii) any dispute over
any .name domain name, SLD email address, Defensive Registration
or NameWatch Registration, including the decision of any dispute
resolution proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registry
Operator, and its directors, officers, employees and agents
from and against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses,
arising out of or relating to your registration. This indemnification
obligation will survive the termination or expiration of this
Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for
which Registry Operator has monitoring responsibility in accordance
with the Registry Agreement or under any other arrangement
with ICANN; and
(b) operational standards, policies, procedures, and practices
for the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner and applicable to all Registrars,
including affiliates of Registry Operator, and consistent
with ICANN's standards, policies, procedures, and practices
and Registry Operator's Registry Agreement with ICANN. Among
Registry Operator's operational standards, policies, procedures,
and practices are those set forth in Exhibit E of the Registry-Registrar
Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall
be effective upon thirty (30) days notice by Registry Operator
to Registrar.
Uniform Domain
Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999
and implemented by eNom, Inc., on December 1, 1999)
1. Purpose. This Uniform Domain Name Dispute
Resolution Policy (the "Policy") has been adopted by the Internet
Corporation for Assigned Names and Numbers ("ICANN"), is incorporated
by reference into your Registration Agreement, and sets forth the
terms and conditions in connection with a dispute between you and
any party other than us (the registrar) over the registration and
use of an Internet domain name registered by you. Proceedings under
Paragraph 4 of this Policy will be conducted according to the Rules
for Uniform Domain Name Dispute Resolution Policy (the "Rules of
Procedure"), which are available at http://www.icann.org/udrp/udrp-rules-24oct99.htm,
and the selected administrative-dispute-resolution service provider's
supplemental rules.
2. Your Representations. By applying to
register a domain name, or by asking us to maintain or renew a domain
name registration, you hereby represent and warrant to us that (a)
the statements that you made in your Registration Agreement are
complete and accurate; (b) to your knowledge, the registration of
the domain name will not infringe upon or otherwise violate the
rights of any third party; (c) you are not registering the domain
name for an unlawful purpose; and (d) you will not knowingly use
the domain name in violation of any applicable laws or regulations.
It is your responsibility to determine whether your domain name
registration infringes or violates someone else's rights.
3. Cancellations, Transfers, and Changes.
We will cancel, transfer or otherwise make changes to domain name
registrations under the following circumstances:
a. subject to the
provisions of Paragraph 8, our receipt of written or appropriate
electronic instructions from you or your authorized agent to take
such action;
b. our receipt
of an order from a court or arbitral tribunal, in each case of competent
jurisdiction, requiring such action; and/or
c. our receipt
of a decision of an Administrative Panel requiring such action in
any administrative proceeding to which you were a party and which
was conducted under this Policy or a later version of this Policy
adopted by ICANN. (See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain
name registration in accordance with the terms of your Registration
Agreement or other legal requirements.
4. Mandatory Administrative Proceeding.
This Paragraph sets forth the type of disputes for which you are
required to submit to a mandatory administrative proceeding. These
proceedings will be conducted before one of the administrative-dispute-resolution
service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a "Provider").
a. Applicable
Disputes. You are required to submit to a mandatory administrative
proceeding in the event that a third party (a "complainant") asserts
to the applicable Provider, in compliance with the Rules of Procedure,
that
(i) your domain name
is identical or confusingly similar to a trademark or service mark
in which the complainant has rights; and
(ii) you have no rights
or legitimate interests in respect of the domain name; and
(iii) your domain name
has been registered and is being used in bad faith.
In the administrative
proceeding, the complainant must prove that each of these three
elements are present.
b. Evidence
of Registration and Use in Bad Faith. For the purposes of Paragraph
4(a)(iii), the following circumstances, in particular but without
limitation, if found by the Panel to be present, shall be evidence
of the registration and use of a domain name in bad faith:
(i) circumstances indicating
that you have registered or you have acquired the domain name primarily
for the purpose of selling, renting, or otherwise transferring the
domain name registration to the complainant who is the owner of
the trademark or service mark or to a competitor of that complainant,
for valuable consideration in excess of your documented out-of-pocket
costs directly related to the domain name; or
(ii) you have registered
the domain name in order to prevent the owner of the trademark or
service mark from reflecting the mark in a corresponding domain
name, provided that you have engaged in a pattern of such conduct;
or
(iii) you have registered
the domain name primarily for the purpose of disrupting the business
of a competitor; or
(iv) by using the domain
name, you have intentionally attempted to attract, for commercial
gain, Internet users to your web site or other on-line location,
by creating a likelihood of confusion with the complainant's mark
as to the source, sponsorship, affiliation, or endorsement of your
web site or location or of a product or service on your web site
or location.
c. How to Demonstrate
Your Rights to and Legitimate Interests in the Domain Name in Responding
to a Complaint. When you receive a complaint, you should refer
to Paragraph 5 of the Rules of Procedure in determining how your
response should be prepared. Any of the following circumstances,
in particular but without limitation, if found by the Panel to be
proved based on its evaluation of all evidence presented, shall
demonstrate your rights or legitimate interests to the domain name
for purposes of Paragraph 4(a)(ii):
(i) before any notice
to you of the dispute, your use of, or demonstrable preparations
to use, the domain name or a name corresponding to the domain name
in connection with a bona fide offering of goods or services; or
(ii) you (as an individual,
business, or other organization) have been commonly known by the
domain name, even if you have acquired no trademark or service mark
rights; or
(iii) you are making
a legitimate noncommercial or fair use of the domain name, without
intent for commercial gain to misleadingly divert consumers or to
tarnish the trademark or service mark at issue.
d. Selection
of Provider. The complainant shall select the Provider from
among those approved by ICANN by submitting the complaint to that
Provider. The selected Provider will administer the proceeding,
except in cases of consolidation as described in Paragraph 4(f).
e. Initiation
of Proceeding and Process and Appointment of Administrative Panel.
The Rules of Procedure state the process for initiating and conducting
a proceeding and for appointing the panel that will decide the dispute
(the "Administrative Panel").
f. Consolidation.
In the event of multiple disputes between you and a complainant,
either you or the complainant may petition to consolidate the disputes
before a single Administrative Panel. This petition shall be made
to the first Administrative Panel appointed to hear a pending dispute
between the parties. This Administrative Panel may consolidate before
it any or all such disputes in its sole discretion, provided that
the disputes being consolidated are governed by this Policy or a
later version of this Policy adopted by ICANN.
g. Fees.
All fees charged by a Provider in connection with any dispute before
an Administrative Panel pursuant to this Policy shall be paid by
the complainant, except in cases where you elect to expand the Administrative
Panel from one to three panelists as provided in Paragraph 5(b)(iv)
of the Rules of Procedure, in which case all fees will be split
evenly by you and the complainant.
h. Our Involvement
in Administrative Proceedings. We do not, and will not, participate
in the administration or conduct of any proceeding before an Administrative
Panel. In addition, we will not be liable as a result of any decisions
rendered by the Administrative Panel.
i. Remedies.
The remedies available to a complainant pursuant to any proceeding
before an Administrative Panel shall be limited to requiring the
cancellation of your domain name or the transfer of your domain
name registration to the complainant.
j. Notification
and Publication. The Provider shall notify us of any decision
made by an Administrative Panel with respect to a domain name you
have registered with us. All decisions under this Policy will be
published in full over the Internet, except when an Administrative
Panel determines in an exceptional case to redact portions of its
decision.
k. Availability
of Court Proceedings. The mandatory administrative proceeding
requirements set forth in Paragraph 4 shall not prevent either you
or the complainant from submitting the dispute to a court of competent
jurisdiction for independent resolution before such mandatory administrative
proceeding is commenced or after such proceeding is concluded. If
an Administrative Panel decides that your domain name registration
should be canceled or transferred, we will wait ten (10) business
days (as observed in the location of our principal office) after
we are informed by the applicable Provider of the Administrative
Panel's decision before implementing that decision. We will then
implement the decision unless we have received from you during that
ten (10) business day period official documentation (such as a copy
of a complaint, file-stamped by the clerk of the court) that you
have commenced a lawsuit against the complainant in a jurisdiction
to which the complainant has submitted under Paragraph 3(b)(xiii)
of the Rules of Procedure. (In general, that jurisdiction is either
the location of our principal office or of your address as shown
in our Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules
of Procedure for details.) If we receive such documentation within
the ten (10) business day period, we will not implement the Administrative
Panel's decision, and we will take no further action, until we receive
(i) evidence satisfactory to us of a resolution between the parties;
(ii) evidence satisfactory to us that your lawsuit has been dismissed
or withdrawn; or (iii) a copy of an order from such court dismissing
your lawsuit or ordering that you do not have the right to continue
to use your domain name.
5. All Other Disputes and Litigation. All
other disputes between you and any party other than us regarding
your domain name registration that are not brought pursuant to the
mandatory administrative proceeding provisions of Paragraph 4 shall
be resolved between you and such other party through any court,
arbitration or other proceeding that may be available.
6. Our Involvement in Disputes. We will
not participate in any way in any dispute between you and any party
other than us regarding the registration and use of your domain
name. You shall not name us as a party or otherwise include us in
any such proceeding. In the event that we are named as a party in
any such proceeding, we reserve the right to raise any and all defenses
deemed appropriate, and to take any other action necessary to defend
ourselves.
7. Maintaining the Status Quo. We will not
cancel, transfer, activate, deactivate, or otherwise change the
status of any domain name registration under this Policy except
as provided in Paragraph 3 above.
8. Transfers During a Dispute.
a. Transfers
of a Domain Name to a New Holder. You may not transfer your
domain name registration to another holder (i) during a pending
administrative proceeding brought pursuant to Paragraph 4 or for
a period of fifteen (15) business days (as observed in the location
of our principal place of business) after such proceeding is concluded;
or (ii) during a pending court proceeding or arbitration commenced
regarding your domain name unless the party to whom the domain name
registration is being transferred agrees, in writing, to be bound
by the decision of the court or arbitrator. We reserve the right
to cancel any transfer of a domain name registration to another
holder that is made in violation of this subparagraph.
b. Changing
Registrars. You may not transfer your domain name registration
to another registrar during a pending administrative proceeding
brought pursuant to Paragraph 4 or for a period of fifteen (15)
business days (as observed in the location of our principal place
of business) after such proceeding is concluded. You may transfer
administration of your domain name registration to another registrar
during a pending court action or arbitration, provided that the
domain name you have registered with us shall continue to be subject
to the proceedings commenced against you in accordance with the
terms of this Policy. In the event that you transfer a domain name
registration to us during the pendency of a court action or arbitration,
such dispute shall remain subject to the domain name dispute policy
of the registrar from which the domain name registration was transferred.
9. Policy Modifications.
We reserve the
right to modify this Policy at any time with the permission of ICANN.
We will post our revised Policy at www.enom.com/drp.asp at least
thirty (30) calendar days before it becomes effective. Unless this
Policy has already been invoked by the submission of a complaint
to a Provider, in which event the version of the Policy in effect
at the time it was invoked will apply to you until the dispute is
over, all such changes will be binding upon you with respect to
any domain name registration dispute, whether the dispute arose
before, on or after the effective date of our change. In the event
that you object to a change in this Policy, your sole remedy is
to cancel your domain name registration with us, provided that you
will not be entitled to a refund of any fees you paid to us. The
revised Policy will apply to you until you cancel your domain name
registration.
InternetHosting.com's policy
on Transfer of Sponsorship of Registration Between Registrars
For each instance where a Registered Name holder wants to change
its Registrar for an existing domain name (i.e., a domain name that
appears in a particular top-level domain zone file), eNom requires:
- Express authorization to initiate the transfer process from
an individual who has the apparent authority to legally bind the
Registered Name holder (as reflected in the database of losing
Registrar).
- In instances when the Registrar of record is being changed simultaneously
with a transfer of a domain name from one party to another, eNom
also requires submission of appropriate authorization for the
transfer. Such authorization shall include, but not be limited
to, one of the following:
- A bilateral agreement between the parties.
- The final determination of a binding dispute resolution
body.
- A court order.
- Instances when the requested change of sponsoring Registrar
may be denied include, but are not limited to:
- Situations described in the Domain Name Dispute Resolution
Policy.
- A pending bankruptcy of the Registered Name holder.
- Dispute over the identity of the Registered Name holder.
- Request to transfer sponsorship occurs within the first
60 days after the initial registration with the Registrar.
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