| 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 EmeraldGlen,
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 EmeraldGlen,
prior to the effectiveness of the desired domain name registration, the
applicable service(s) fees for the initial registration of the domain
name and, should you choose to renew the registration, subsequent
renewals of the registration. All fees are non-refundable, in whole or
in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration term.
Your requested domain name will not be registered unless we receive
actual payment of the registration fee, or reasonable assurance of
payment of the registration fee from some other entity (such reasonable
assurance as determined at our sole discretion). As further
consideration for the service(s), you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process and (2) maintain and update this information as
needed to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information"). In
the event of a charge back by a credit card company (or similar action
by another payment provider allowed by us) in connection with the
payments of the registration fee for your domain name registration, you
agree and acknowledge that the domain name registration shall be
transferred to us as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee, currently set at
US$200. You will be notified via an email message or via your account
information when renewal fees are due. Should these fees go unpaid
within the time specified in a second notice or reminder regarding
renewal or any tie after name actually expires, your registration can be
cancelled. Payment must be made by credit card or such other method as
we may indicate in the registration application or renewal form. We will
renew your name for you provided your credit card or other billing
information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is not
accurate and you wish to renew your domain name registration, we will
contact you to update this information and charge you accordingly.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through us, or
transferred a domain name to us from another registrar, you agree to be
bound by our current Disclaimer published on our site ("Disclaimer") and
our current Domain Name Dispute Policy ("Dispute Policy") which are
incorporated herein and made a part of this Agreement by reference. The
Disclaimer and the Dispute Policy can be found on this page. Certain
disputes, as specified in the Dispute Policy, are subject to that
Policy. You agree that, if the registration or reservation of your
domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time your
domain name registration is disputed by the third party. You also agree
that, in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and
conditions contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration to
another domain name registrar during the first sixty (60) days from the
effective date of your initial domain name registration with
EmeraldGlen. 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 EmeraldGlen web site, or on notification to
you by e-mail or United States mail. You agree to review EmeraldGlen's
web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing express written
notice to the ICANN accredited Registrar and the reseller of domain
names and through which the services are being offered. Notice of your
termination will be effective on receipt and processing by us. You agree
that, by continuing to use the our services following notice of any
revision to this Agreement or change in service(s), you abide by any
such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your continued
use of the domain name registered to you shall constitute your
acceptance of this Agreement and the Dispute Policy with the new
modifications. You acknowledge that if you do not agree to any of such
changes, you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if
you do not wish to abide by any changes to this Agreement or the Dispute
Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the
registration process, you are required to provide certain information
and to update this information promptly as needed to keep it current,
complete and accurate. The information you are obligated to provide in
connection with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may
have changed. If you do not wish to provide the new required
information, your registration may not be renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating to
your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us
and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all
other activity between you and us and third parties relating to your
domain name registration and related services.
c. Your Obligations Relating to the Account Information. In the
event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby represent
that you have (a) provided notice to that third party of the disclosure
and use of that party's information as set forth in this Agreement, and
(b) that you have obtained that third party's express consent to the
disclosure and use of that party's information as set forth in this
Agreement. By registering a name or applying for services you also
represent that the statements in its application are true and you also
represent that the Domain Name is not being registered for any unlawful
purpose.
You acknowledge that willfully providing inaccurate information or
willfully failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further agree that
your failure to respond for over ten (10 ) calendar days to inquiries by
EmeraldGlen 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 EmeraldGlen 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 EmeraldGlen 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 EmeraldGlen 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 EmeraldGlen.
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. EmeraldGlen 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, EmeraldGlen, 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 EmeraldGlen, and the Registrar, and supersede and govern all
prior proposals, agreements, or other communications. Nothing contained
in this Policy shall be construed as creating any agency, partnership,
or other form of joint enterprise between the parties. Our failure to
require your performance of any provision hereof shall not affect the
full right to require such performance at any time thereafter; nor shall
the waiver by the Registrar of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any
provision of this Policy shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Policy
unenforceable or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to
the extent possible, our original objectives and intent of as reflected
in the original provision. This Agreement, our Disclaimer and the
Dispute Policy may not be amended or modified by you except by means of
a written document signed by both you and an authorized representative
of Registrar.
20. Additional Registry Requirements.
Listed below are additional contractual requirements that you, the
registrant, must agree to should you desire to register a domain name in
these registries.
- .TV, .CC, .BZ, and .WS - In addition to the terms set forth
above, the following terms shall apply to registrants of .TV, .CC,
.BZ, and .WS domain names. Your registration of a domain name in the
.TV, .CC, .BZ or .WS top-level domain ("New TLD Domain Name"), is
subject to policies established or revised from time to time by the
registry for such New TLD Domain Name ("New TLD Registry"), in its
capacity as the registry for its respective Top Level Domain. Each
respective New TLD Registry's current policies ("New TLD Registry
Policies") are available for you to review at each New TLD's
respective website. You agree to be bound by and comply with the
applicable New TLD Registry Policies, including amendments and
modifications thereto, with respect to your New TLD Domain Name
registration. Such policies shall not alter the terms and conditions
of this Agreement. To the extent there is a conflict between the New
TLD Registry policies and the terms of this Agreement, the terms of
this Service Agreement shall prevail. You agree that the New TLD
Registry has the right to enforce the New TLD Registry Policies.
- .INFO - Should you seek to register a .INFO second level
domain name you, the registrant, must agree to the following terms:
- Registrant consents to the use, copying, distribution,
publication, modification, and other processing of Registered Domain
Name Holder's Personal Data by Afilias, the .INFO Registry Operator,
and its designees and agents in a manner consistent with the
purposes specified pursuant in its contract.
- Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Name Dispute Policy (UDRP) and comply with the requirements
set forth by Afilias for domain names registered during the Sunrise
Period, including the mandatory Sunrise Dispute Resolution Policy.
These policies are subject to modification.
- Registrant agrees to immediately correct and update the
registration information for the Registered Name during registration
term for the Registered Name, failure to correct this information
shall constitute a breach of this Agreement.
- Registrant acknowledges that Afilias, the registry operator for
.INFO, will have no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the Sunrise
Period or the Land Rush Period, including, without limitation: (a)
the ability or inability of a registrant to obtain a Registered Name
during these periods, and (b) the results of any dispute over a
Sunrise Registration.
- Registrar, EmeraldGlen 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,
EmeraldGlen and/or Afilias as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar,
EmeraldGlen and Afilias also reserve the right to freeze a domain
name during resolution of a dispute.
- .BIZ - Should you seek to register a .BIZ second level
domain name you, the registrant, must agree to the following terms:
- BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or
intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall mean
the bona fide use or bona fide intent to use the domain name or any
content, software, materials, graphics or other information thereon,
to permit Internet users to access one or more host computers
through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any
kind; or,
b) the ordinary course of trade or business.Registering a domain
name solely for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. the unsolicited offering to sell, trade or lease the domain name
for compensation shall not constitute a"bona fide business or
commercial use" of that domain name.
- BIZ CERTIFICATION. As a .biz domain name registrant, you hereby
certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide
business or commercial purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation, or
b. the unsolicited offering to sell, trade or lease the domain name
for compensation. For more information on the .biz restrictions,
which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into the
registration agreement; and
2. the registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the time of
registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration
process, you are required to Provide us with certain information and
to update this information to keep it current, complete and
accurate. This information includes (i) your full name, postal
address, e-mail address, voice telephone number, and fax number if
available; (ii) the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameserver(s) for the domain name; (iv)
the corresponding names of those nameservers; (v) the full name,
postal address, e-mail address, voice telephone number, and fax
number if available of the technical contact for the domain name;
(vi) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the administrative contact
for the domain name; (vii) the name, postal address, e-mail address,
voice telephone number, and fax number if available of the billing
contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois directory.
You agree and understand that the foregoing registration data will
be publicly available and accessible on the Whois directory as
required by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant
that the data provided in the domain name registration application
is true, correct, up to date and complete and that you will continue
to keep all the information provided up to date. Your willful
provision of inaccurate or unreliable information, your willful
failure promptly to update information provided to us, or any
failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect
to an domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of any
domain name(s) registered by or through you or your account, shall
constitute a breach of this Agreement. Any information collected by
us concerning an identified or identifiable natural person
("Personal Data") will be used in connection with the registration
of your domain name(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz
domain name through us, you agree to be bound by our current domain
name dispute policy that is incorporated herein and made a part of
this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that
you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from
time to time, which are hereby incorporated and made an integral
part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a
dispute between a registrant of a .biz domain name ("Registrant")
with any third party (other than Registry Operator or Registrar)
over the registration or use of a .biz domain name registered by
Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service
introduced by Registry Operator to notify a trademark or service
mark holder ("Claimant") that a second-level domain name has been
registered in which that Claimant claims intellectual property
rights. In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers. The UDRP
sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry Operator
or Registrar over the registration and use of an Internet domain
name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the Registry
Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a
domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider. None of the
violations of the Restrictions will be enforced directly by or
through Registry Operator. Registry Operator will not review,
monitor, or otherwise verify that any particular domain name is
being used primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or UDRP
processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in
our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining the
reservation or registration of your domain name after modifications
to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
- DOMAIN NAME DISPUTES. You agree that, if your use of our domain
name registration services is challenged by a third party, you will
be subject to the provisions specified in our dispute policy in
effect at the time of the dispute. You agree that in the event a
domain name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions set forth
below in this Agreement. If we are notified that a complaint has
been filed with a judicial or administrative body regarding your use
of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until
(i) we are directed to do so by the judicial or administrative body,
or (ii) we receive notification by you and the other party
contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your registration
and use of our domain name registration services, we may deposit
control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us.
- RESERVATION OF RIGHTS. Registrar, EmeraldGlen, 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, EmeraldGlen, and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
- .NAME - Should you seek to register a .NAME second level
domain name you, the registrant, must agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks
to exclusively pre-register on the .name space and create a
protective barrier for their trademarks. A "Defensive Registration"
is a registration granted to a third party of a specific string on
the second or third level, or of a specific set of strings on the
second and third levels, which will not resolve within the domain
name system but may prevent the registration of the same string(s)
on the same level(s) by other third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for Phase I
Defensive Registrations ("Phase I Defensive Registrants"), you own
valid and enforceable trademark or service mark registrations having
national effect that issued prior to April 16, 2001 for strings that
are identical to the textual or word elements, using ASCII
characters only, subject to the same character and formatting
restrictions as apply to all registrations in the Registry TLD. You
understand that trademark or service mark registrations from the
supplemental or equivalent Registry of any country, or from
individual states or provinces of a nation, will not be accepted.
Subject to the same character and formatting restrictions as apply
to all registrations in the Registry TLD, if a trademark or service
mark registration incorporates design elements, the ASCII character
portion of that mark may qualify to be a Phase I Defensive
Registration.
(b) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall comply
with the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of which
is subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of a
separate registration fee;
(iii) The Defensive Registrant must provide the information
requested in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts
with a then-existing Personal Name Registration or other reserved
word or string.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to provide
us with certain information and to update this information to keep
it current, complete and accurate. You must provide contact
information, including name, email address, postal address and
telephone number, for use in disputes relating to the Defensive
Registration. You understand and agree that this contact information
will be provided as part of the Whois record for the Defensive
Registration. You further understand that the foregoing registration
data may be transferred outside of the European Community, such as
to the United States, and you expressly consent to such export.
(b) In addition to the information provided in subsection (a) above,
Phase I Defensive Registrants must also provide (1) the name, in
ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued; (3) the country of
registration; and (4) the registration number or other comparable
identifier used by the registration authority.
(c) You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete
and that you will continue to keep all of the information provided
up-to-date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information
provided to us, or any failure to respond for over five (5) calendar
days to our inquiries addressed to the email address of the
administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details
associated with any such Defensive Registration(s) registered by or
through you or your account shall constitute a breach of this
Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree that: (i)
the Defensive Registration will be subject to challenge pursuant to
the Eligibility Requirements Dispute Resolution Policy ("ERDRP");
(ii) if the Defensive Registration is successfully challenged
pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and (iii) if a challenge is successful, then the
Defensive Registration will be subject to the procedures described
in Section 2(h) of Appendix L to the agreement of Global Name
Registry ("Registry Operator") with the Internet Corporation for
Assigned Names and Numbers ("ICANN"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration is
successfully challenged on the basis that it did not meet the
applicable Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that it meets
the Eligibility Requirements for Phase I Defensive Registrations for
all other Phase I Defensive Registrations that it registered within
.name through any Registrar. In the event that the Defensive
Registrant is unable to demonstrate the foregoing with respect to
any such Phase I Defensive Registration(s), those Defensive
Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .name and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at
least thirty (30) calendar days before it becomes effective. You
agree that, by maintaining the Defensive Registration after
modifications to the dispute policy become effective, you have
agreed to these modifications. You acknowledge that if you do not
agree to any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your Agreement
with us.
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a
third party, you will be subject to the provisions specified in our
Defensive Registration dispute policy in effect at the time of the
dispute. You agree that in the event a Defensive Registration
dispute arises with any third party, you will indemnify and hold
Registrar and EmeraldGlen 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, EmeraldGlen 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,
EmeraldGlen and/or Registry Operator, as well as their affiliates,
subsidiaries, officers, directors and employees. Registrar,
EmeraldGlen 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, EmeraldGlen 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,
EmeraldGlen, and Registry Operator, and its directors, officers,
employees and agents from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to your registration. This
indemnification obligation will survive the termination or
expiration of this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which
Registry Operator has monitoring responsibility in accordance with
the Registry Agreement or under any other arrangement with ICANN;
and
(b) operational standards, policies, procedures, and practices for
the Registry TLD established from time to time by Registry Operator
in a non-arbitrary manner and applicable to all Registrars,
including affiliates of Registry Operator, and consistent with
ICANN's standards, policies, procedures, and practices and Registry
Operator's Registry Agreement with ICANN. Among Registry Operator's
operational standards, policies, procedures, and practices are those
set forth in Exhibit E of the Registry-Registrar Agreement,
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards,
policies, procedures, and practices for the Registry TLD shall be
effective upon thirty (30) days notice by Registry Operator to
Registrar.
- .US - Should you seek to register a .US second level domain
name you, the registrant, must agree to the following terms:
- Representations and Warranties. You represent and certify that,
to the best of your knowledge and belief, (i) neither the
registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third
party, (ii) you have the requisite power and authority to enter into
this Agreement and to perform the obligations hereunder, (iii) you
have and shall continue to have a lawful bona fide U.S. Nexus as
defined in the "usTLD Nexus Requirements" , (iv) you are of legal
age to enter into this Agreement, and (vi) you agree to comply with
all applicable laws, regulations and policies of Registrar and the
usTLD Administrator.
- Provision of Registration Data. As part of the registration
process, you are required to provide us with certain information and
to update this information to keep it current, complete and
accurate. This information includes: (i) the Registered Name; (ii)
the names of the primary nameserver and secondary nameserver(s) for
the Registered Name; (iii) your name and postal address; (iv) the
name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the
Registered Name; (v) the name, postal address, e-mail address, voice
telephone number, and (where available) fax number of the
administrative contact for the Registered Name; (vi) the name,
postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the Registered Name;
(vii) any remark concerning the registered domain name that should
appear in the Whois directory; and (viii) any other data NeuStar, as
the Registry, requires be submitted to it, including specifically
information regarding the primary purpose for which a domain name is
registered (e.g., business, education, etc.). You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory pursuant to the DoC/Registry
Policy. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the
Department of Commerce Contract with the Registry or any USTLD
Administrator/DoC Policy.
- Inaccurate or Unreliable Data. You hereby represent and warrant
that the data provided in the domain name registration application
is true, correct, up to date and complete and that you will continue
to keep all the information provided up to date. Your willful
provision of inaccurate or unreliable information, your willful
failure promptly to update information provided to us, or any
failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect
to a domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of any
domain name(s) registered by or through you or your account, shall
constitute a breach of this Agreement.
- Government Use of Data. You understand and agree that the U.S.
Government shall have the right to use, disclose, reproduce, prepare
derivative works, distribute copies to the public, and perform
publicly and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data provided
by Registrant. "Data" means any recorded information, and includes
without limitation, technical data and computer software, regardless
of the form or the medium on which it may be recorded.
- Licensing of a Domain Name. If you intend to license use of a
domain name to a third party, you nonetheless are the registrant of
record and are responsible for providing full contact information
and for providing and updating accurate technical and administrative
contact information adequate to facilitate timely resolution of any
problems that arise in connection with the domain name. You shall
accept liability for harm caused by wrongful use of the domain name,
unless you promptly disclose the identity of the licensee to a party
providing you reasonable evidence of actionable harm.
- Domain Name Dispute Policy. If you reserved or registered a .us
domain name through us, you agree to be bound by our current domain
name dispute policy that is incorporated herein and made a part of
this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that
you have read and understood and agree to be bound by the terms and
conditions of the policies of the usTLD Administrator as documented
on its website, www.neustar.us, as they may be amended from time to
time, and which are hereby incorporated and made an integral part of
this Agreement.
- Domain Name Dispute Policy Modifications. You agree that we, in
our sole discretion, may modify our dispute policy. We will post any
such revised policy on our Web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining the
reservation or registration of your domain name after modifications
to the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund
any fees paid by you if you terminate your Agreement with us.
- including Registry policies incorporated by reference. You agree
that in the event a domain name dispute arises with any third party,
you will indemnify and hold us harmless pursuant to the terms and
conditions set forth in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you
agree not to make any changes to your domain name record without our
prior approval. We may not allow you to make changes to such domain
name record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the
registry of the judicial body by supplying a party with a registrar
certificate from us.
- Jurisdiction. For the adjudication of disputes concerning or
arising from use of the domain name, you shall submit, without
prejudice to other potentially applicable jurisdictions, to the
jurisdiction of the courts (1) of the Registrant's domicile, (2) the
State of Washington, and 3) the Commonwealth of Virginia.
- Suspension, Cancellation or Transfer. You agree that your
registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any usTLD Administrator
adopted specification or policy, or pursuant to any registrar or
usTLD Administrator procedure not inconsistent with a usTLD
Administrator adopted specification or policy, (1) to correct
mistakes by Registrar or the usTLD Administrator in registering the
name or (2) for the resolution of disputes concerning the domain
name.
- Indemnification. The Registrant shall indemnify and hold
harmless the Registrar, EmeraldGlen 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, EmeraldGlen and
usTLD Administrator reserve the right to deny, cancel or transfer
any registration that they deem necessary, in their discretion, (1)
to protect the integrity and stability of the registry, (2) to
comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute
resolution process, (3) to avoid any liability, civil or criminal,
on the part of usTLD Administrator or Registrar, as well as their
affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders, (4) for violations of this Agreement,
or (5) to correct mistakes made by usTLD Administrator or any
registrar in connection with a domain name registration. usTLD
Administrator and Registrar also reserve the right to freeze a
domain name during resolution of a dispute.
- .NU - Should you seek to register a .NU second level domain
name you, the registrant, must agree to
these
terms.
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