UPDATE 20th MARCH 2017:
This Agreement has been updated and amended the 20th of March 2017 to better incorporate the ICANN policies, specifically provisions 3.7.7.1 to 3.7.7.12 regarding the Domain Registration Agreement provided in the 2013 Registrar Accreditation Agreement following a review and audit by the ICANN Compliance Team.
This represents the Agreement between the Registrant (“Owner” / Registered Name Holder) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Registrant/Owner/Registered Name Holder section during the Registration process:
DOMAIN REGISTRANT AGREEMENT
This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the “Order”) that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity.
This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar (“Order”), directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘U’;
AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs mentioned within APPENDIX ‘U’, directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.
(2) “Communications” refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
(3) “Customer” refers to the customer of the Order as recorded in the OrderBox Database.
(4) “OrderBox” refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
(5) “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.
(6) “OrderBox Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.
(7) “OrderBox User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “OrderBox” by the Customer, directly or indirectly.
(8) “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.
(9) “Registrar Products” refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
(10) “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
(11) “Registrar Website” refers to the website of the Registrar.
(12) “Registry Operator” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
(13) “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the “Resellers”).
(14) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.
(15) “Whois” refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a “Whois Lookup”.
(16) “Whois Record” refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
(17) “Prohibited Persons (Countries, Entities, and Individuals)” refers to certain sanctioned countries (each a “Sanctioned Country”) and certain individuals, organizations or entities, including without limitation, certain “Specially Designated Nationals” (“SDN”) as listed by the government of the United States of America through the Office of Foreign Assets Control (“OFAC”), with whom all or certain commercial activities are prohibited. If you are located in a Sanctioned Country or your details match with an SDN entry, you are prohibited from registering or signing up with, subscribing to, or using any service of Parent.
(18) “Personally Identifiable Information” is information that can be used to distinguish or trace an individual’s identity and is not otherwise publicly available. Such information may include;
(1) an individual name along with his/her photograph;
(2) an individual’s name along with his/her telephone number, home address, and/or email address; or
(3) an individual’s name with his/her social security number, date of birth, place of birth, or biometric records.
(19) “Public Figure” is a person who has achieved fame or notoriety or who has voluntarily become involved in a public controversy (e.g., individuals running for or holding political office, celebrities, etc., including people like Barack Obama, Queen Elizabeth II of England, Kim Kardashian, Taylor Swift, Donald Trump, Oprah, Elon Musk, Angela Merkel, Silvio Berlusconi).
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide and maintain current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database and update them within seven (7) days of any change during the term of the Order, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorized person for contact purposes in the case of an Registered Name Holder that is an organization, association, or corporation. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant agrees to the automatic email id verification process setup by the Registrar as mandated by ICANN WHOIS ACCURACY PROGRAM (http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#whois-accuracy). Registrants have to verify their email id within fifteen (15) days of receiving notification by the Registrar / Registration Service Provider to the email address of the Registrant by clicking on the verification link. This verification process will be applicable to all new registrants post registration or transfer of a domain name and/or after modifying the email id of an existing registrant contact from Orderbox. Failure to complete the verification for over fifteen (15) days shall result in immediate suspension of
(1) respective domain name and it’s associated services;
(2) contact Id associated with the Registrants email id.
(3) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
(4) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
(5) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
(6) Any Registrant that intends to license use of a domain name to a third party or a privacy/proxy service, is nonetheless the Registered Name holder of record and is responsible for
(1) providing its own complete contact information and for;
(2) providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the registered domain name.
The Registrant licensing use of the registered domain name according to this provision shall accept liability for harm caused by wrongful use of the registered domain name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the registrant reasonable evidence of actionable harm.
(7) Any Registrant that intends to license use of a domain name to a third party or a privacy/proxy service, shall represent that notice has been provided to the licensee or to any third-party individuals whose Personal Data is supplied to Registrar by the Registrant stating –
(1) The purposes for which any Personal Data collected from the licensee or from any third-party individuals;
(2) The intended recipients or categories of recipients of the data (including the Registrar, Registration Service provider, Registry Operator and others who will receive the data from Registry Operator);
(3) Which data is obligatory and which data is voluntary; and
(4) How the Registrant can access and, if necessary, rectify the data held about them.
(8) The Registrant confirms that they shall consent to the data processing referred to in subsection 2.(7)
(9) The Registrant confirms that they have obtained consent equivalent to that referred to in subsection 2.(8) from any third party individuals to whom the Registrant is licensing use of the registered domain name.
(10) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(11) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN (https://www.icann.org/resources/pages/benefits-2013-09-16-en) and the Registry Operator.
(12) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:
(1) in electronic, paper or microfilm form, all written communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
(13) The Registrant acknowledges and understands that they are prohibited from utilizing domain registration, DNS or any other services obtained from our registrar, to:
(1) constitutes slander, libel or defamation;
(2) publicize the personal information or likeness of a person without that person’s consent;
(3) violate the privacy rights of any person;
(4) threaten a person with bodily harm;
(5) make harassing or abusive statements or messages;
(6) solicit the performance of acts or services that are illegal under applicable law.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that:
(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.
(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement;
(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and Registry Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.
(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.
(8) Registrar has the right to change the registrar on record of the order to another registrar.
(9) Registrar shall provide notice to each new or renewed Registered Name Holder stating:
(1) The purposes for which any Personal Data collected from the applicant are intended;
(2) The intended recipients or categories of recipients of the data(including the Registry Operator and others who will receive the data from the Registry Operator);
(3) Which data are obligatory and which data, if any, are voluntary and how the Registrant or data subject can access and, if necessary, rectify the data held about them.
(10) Registrar will not process the Personal Data collected from the Registered Name holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name holder.
(11) Registrar will take reasonable precautions to protect Personal Data provided by the Registered Name holder from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
(12) Registrar and Service Providers, in their sole discretion, expressly reserve the right to suspend an Order without prior notice, and/or delete an Order without issuing a refund, if the associated Registrant / Administrative / Technical / Billing Contact is located in a Sanctioned Country or his/her details, existing or modified, match with an SDN entry. The Registrant agrees that Registrar and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar and Service Providers, are not liable for loss or damages that may result from any of the above.
5. DOMAIN NAME DISPUTE PROCESS
(1) The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval. Registrar may not allow the Registrant to make changes to such Order until Registrar is directed to do so by the judicial or administrative body.
(2) Uniform Domain Name Dispute Resolution Policy (“UDRP”), identified on ICANN’s website http://www.icann.org/en/help/dndr/udrp/policy, has been adopted by all ICANN-accredited Registrars to resolve dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting). Holder of the trademark can excercise their right by filing a UDRP case with any of ICANN’s UDRP Service Providers listed at http://www.icann.org/dndr/udrp/approved-providers.htm to challenge ownership of the gTLD domain names.
(3) Uniform Rapid Suspension (“URS”) System, identified on ICANN’s website http://newgtlds.icann.org/en/applicants/urs, is a rights protection mechanism that complements the existing Uniform Domain-Name Dispute Resolution Policy (UDRP) by offering a lower-cost, faster path to relief for rights holders experiencing the most clear-cut cases of trademark infringementfor gTLD domain names.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant’s responsibility to keep records and maintain reminders regarding the expiry of any Order. However, the Registrar will send domain renewal notifications to the Registrant on record, either directly or through incubatec GmbH – Srl or webhosting24 GmbH, as per the schedule given on https://www.ownidentity.com/pricing/. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.
(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar’s contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;
(2) Registrar’s contract with the Registry Operator is terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for the particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users’ access to the OrderBox with immediate effect, upon the sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
** Domain Restoration : Restored Names Accuracy Policy
After restoring a domain name deleted from the system on the basis of submission of false contact data or non-response to registrar inquiries, the restored domain name will be put on ClientHold status until –
(1) Registrant provides updated Whois information; and
(2) Registrant submits current address proof to prove the updated details are accurate.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix ‘B.’
8. REGISTRANT – REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:
(1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;
(2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law Enforcement Agency;
(4) for fulfillment of a decision in a domain dispute resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.
(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
(4) The Registrant’s Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
(5) Change of Registrant as per Inter Registrar Transfer Policy (IRTP): Effective December 1, 2016, for all gTLDs, any material changes to a domain name registrant’s name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN’s Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). As sponsoring registrar, we are required to deny a change of registrant for any of the following reasons:
(1) the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
(2) the change of registrant was not properly authorized by the Prior Registrant and the New Registrant; or
(3) the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
(1) Uniform Domain-Name Dispute-Resolution Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
(2) Uniform Rapid Suspension (URS) (https://www.icann.org/resources/pages/urs-2014-01-09-en);
(3) Registrar Transfer Dispute Resolution Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or
(4) a court order.
(4) Unless a change of registrant is otherwise prohibited, the Prior Registrant and the New Registrant, or their Designated Agents, must confirm the change of registrant within 60 days of the request.
(5) Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another domain registrar for sixty (60) days following the change of registrant.
(6) Designated Agent: You hereby explicitly authorize the registrar to act as Designated Agent to approve a change of registrant on behalf of the Prior Registrant and the New Registrant, consistent with the requirements of ICANN’s Transfer Policy (https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
9. REGISTRAR-REGISTRAR TRANSFER
(1) For generic top-level domains governed by ICANN, Registrant acknowledges and agrees that a domain name may not be transferred during the first sixty (60) days after initial registration or registrar transfer. Registrar may deny or prevent a transfer of a generic top-level domain Order to another registrar pursuant to the Inter-Registrar Transfer Policy.
(2) For country-code top-level domains, as established by each registry, Registrant acknowledges and agrees that during the first 60 days after initial registration of the Order, or after expiration of the Order, Registrant may not be able to transfer the Order to another registrar. Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers’ or Registrant for any services rendered, whether under this agreement;
(4) any pending Domain Dispute Resolution process with respect to the Order;
(5) if the Order has been locked or suspended by the Customer or Resellers;
(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
(7) any other circumstance described in this Agreement; and
(8) for any other appropriate reason.
(3) Registrar may request the Registrant or Administrative contact for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.
(4) Registrar may at its sole discretion lock or suspend the Order to prevent a domain transfer.
(5) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:
(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant’s computer, of any intellectual property or other proprietary right of any person or entity;
(2) arising out of any breach by the Registrant of this Agreement;
(3) arising out of, or related to, the Order or use of the Order;
(4) relating to any action of Registrar as permitted by this Agreement;
(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.
However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.
(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant’s prior written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.
(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees that Registrar may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.
(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.
(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.
(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.
(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar’s registered Trademarks / Service Marks or our Service Providers’ registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.
The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.
The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT – REGISTRANT TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.
20. NO GUARANTY
The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order.
21. DISCLAIMER
THE ORDERBOX, REGISTRAR SERVERS, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND “WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
22. JURISDICTION & ATTORNEY’S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) the Registrar’s country of incorporation.
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:
(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.
(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.
(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.
(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.
APPENDIX ‘A’
TERMS AND CONDITIONS OF ORDERBOX USAGE
This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users’ access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.
(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User.
(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
(10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.
(11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.
(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF ORDERBOX
(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or “offensive” material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (“spamware”);
(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
(6) harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
(8) using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;
(9) using OrderBox directly or indirectly for any of the below activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind;
(9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);
(10) causing lossage or creating service degradation for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement; and
(2) to communicate with Registrar on any matter pertaining to Registrar or its services.
(4) data in the OrderBox Database cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX ‘B’
PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the Customer or Resellers.
(2) Registrant can refer to https://www.ownidentity.com/pricing for the fee charged by Own Identity, Inc. for the Order. The Registrant acknowledges that the Registrar or incubatec GmbH – Srl or webhosting24 GmbH reserves the right to change the pricing without any prior notification.
(3) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users’ access to the OrderBox
(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar’s account.
(6) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
(7) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX ‘C’
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘D’
.BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or property of any kind; or
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.
2. CERTIFICATION FOR .BIZ REGISTRATIONS
(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.
(2) The domain name Registrant has the authority to enter into the registration agreement.
(3) The registered domain name is reasonably related to the Registrant’s business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder (“Claimant”) that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
APPENDIX ‘E’
.INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:
(1) Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.
(2) Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX ‘F’
.NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual’s “Personal Name”. For purposes of the .NAME restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:
(1) the Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
(3) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character’s Personal Name;
(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to:
(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry (“Registry Operator”) or Registrar over the registration and use of an Internet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.
(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:
(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator’s Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
APPENDIX ‘G’
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A “Defensive Registration” is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant (“Defensive Registrant”), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations (“Phase I Defensive Registrants”), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 16, 2001 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;
(3) The Defensive Registrant must provide the information requested in Section 3(i) below;
(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used by the registration authority.
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy (“ERDRP”);
(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix 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;
(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;
(5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.
APPENDIX ‘H’
.US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .US domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the domain (http://www.neustar.us/the-ustld-nexus-requirements/);
(4) you are of legal age to enter into this Agreement;
(5) you agree to comply with all . usTLD Administrator Reservation of Rights policy displayed at http://www.neustar.us/ustld-administrator-reservation-of-rights/ and the Policy Statement by usTLD Administrator displayed at http://www.neustar.us/policy-statement-by-ustld-administrator/
(6) you agree to comply with the usTLD Acceptable Use Policy displayed at http://www.neustar.us/ustld-acceptable-use-policy/
(7) you agree to comply with all Registry Operator policies regarding the use of proxy domain name services. You further agree that if you license the use of a domain name to a third party you are nonetheless the Registered Name Holder and are responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information pursuant to the Registration Agreement and that you shall accept liability for harm caused by wrongful use of the domain.
(8) you certify that the Registered Name Holder meets the requirements set out in the usTLD Nexus Requirements Policy (http://www.neustar.us/the-ustld-nexus-requirements/) and that the Registered Name Holder is either:
(1) a citizen or permanent resident of the United States of America or any of its possessions or territories, whose primary place of domicile is in the United States of America or any of its possessions; or
(2) a United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or
(3) a foreign entity or organization that has a bona fide presence in the United States
(9) you consent to the data processing as required by the Whois Accuracy Program Specification (http://www.neustar.us/data-accuracy/) and the .US Privacy Policy (http://www.neustar.us/us-privacy-statement-v-2/).
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name;
(6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.); and
3. GOVERNMENT USE OF DATA
You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.us and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or
(2) to correct mistakes by Registrar or the usTLD Administrator in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘I’
.IN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;
(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘J’
.EU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community; or
(2) an organisation established within the EU Community without prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or
(2) where the organisation of the Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/; or
(2) to correct mistakes by Registrar or the EU Registry in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘K’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.
(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(1) when required by a valid court order;
(2) when required by the applicable registry rules or policies;
(3) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency;
(4) when the registrant fails to renew the service;
(5) when required to respond to an ICANN approved UDRP or URS service provider;
(6) when a domain name is suspended for a violation of Registrar-Registrant agreement, Acceptable usage policy, or other Terms of services applicable to the customer, domain name or whois privacy service;
(7) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.
(6) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can DISCLOSE the underlying registrant data to a requesting party in the following circumstances:
(1) When required to comply with the applicable registry rules or policies;
(2) When required to respond to a valid subpoena or warrant;
(3) On receiving information request from a Law Enforcement Agency or any Government body authorized to act on behalf of the Law Enforcement Agency.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX ‘L’
.UK DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .UK domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/go/terms.
(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
2. EXPIRED DOMAIN POLICY
.UK domain owner can contact the Registrar of their domain name upto 6 months prior to domain expiry date to get their domain name renewed. Not renewing .UK domain name before its expiry date will result in suspension of the domain registration and other services associated with the domain name. After the expiry, .UK domain name will enter the renewal grace period of 90 days and Registrar will allow the domain owner to renew their domain name at normal renewal price for this period. If the domain name is not renewed within the 90 day period, it will be deleted and make available for fresh registration by .UK registry.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘M’
.TRAVEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TRAVEL domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this Agreement, you are required to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL Registry to an entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘N’
.WS DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .WS domain name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘O’
.COOP DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .COOP domain name, the Registrant, must also agree to:
(1) the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/media/3345/111102_-_registration_agreement.pdf; and
(2) the Verification & Eligibility Policy available at http://www.nic.coop/media/1571/Verificationpolicy.pdf; and
(3) the Charter Eligibility Dispute Resolution Policy (“CEDRP”) and DotCoop Domain Name Dispute Resolution Policy (“DCDRP”) found at http://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found at http://www.nic.coop/media/1509/DotCoop%20Policy%20on%20Transfer%20of%20Registrations%20between%20Registrars.pdf
all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration. The privacy statement, located on the .COOP Sponsor’s Web site at http://www.nic.coop/media/5687/privacy_policy_-_120328.pdf and incorporated herein by reference sets forth your and the .COOP Sponsor’s rights and responsibilities with regard to your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth on http://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .COOP Sponsor).
3. DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor’s dispute policy as found at http://www.nic.coop/media/3042/.coop_dispute_policy.pdf as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
APPENDIX ‘P’
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
If the Order is either a AE.ORG, .BAR, BR.COM, CN.COM, COM.DE, DE.COM, EU.COM, GB.COM, GB.NET, GR.COM, HU.COM, JPN.COM, KR.COM, .LA, NO.COM, QC.COM, .REST, RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, US.COM, UY.COM, .XYZ, ZA.COM, .RENT, .LOVE, .COLLEGE, .DESIGN, .FANS, .US.COM, .UK.COM, .GB.NET, .COM.DE, .CN.COM, .BR.COM, .GR.COM, .DE.COM, .AE.ORG, .QC.COM, .EU.COM, .SE.NET, .RU.COM, .HU.COM, .SE.COM, .NO.COM, .UK.NET, .SA.COM, .JPN.COM, .UY.COM, .KR.COM, .ZA.COM, .GB.COM, .FEEDBACK, .PROTECTION, .SECURITY or .THEATRE domain name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘Q’
.MOBI DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .MOBI domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘R’
.ASIA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:
1. DEFINITIONS
(1) “Charter Eligibility Declaration Contact” (“CED Contact”) is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.
(2) “Charter Eligibility Requirement” means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the “Charter Eligibility Requirement Policy” is stated on DotAsia’s website at http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.
(4) you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder’s legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN’s Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘S’
.ME DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ME domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.
(2) you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘T’
.TEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TEL domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .TEL domain name, involves you contracting with the telnic which is the .TEL Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone number, an email address, an instant-messaging handle or a web link associated with you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘U’
LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
.COM, .NET (through Registrar Own Identity, Inc.)
.ORG (through Registrar Own Identity, Inc.)
.BIZ (through Registrar Own Identity, Inc.)
.INFO (through Registrar Own Identity, Inc.)
.NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar Own Identity, Inc.)
.US (through Registrar Own Identity, Inc.)
.IN (through Registrar Endurance Domains Technology Pvt. Ltd)
.EU (through Registrar incubatec GmbH – Srl)
.UK (through Registrar incubatec GmbH – Srl)
.TRAVEL (through Registrar Own Identity, Inc.)
.CLOUD (through Registrar Own Identity, Inc.)
.WS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.COOP (through Registrar Domains.coop Ltd.)
CentralNIC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MOBI (through Registrar Own Identity, Inc.)
.ASIA (through Registrar Own Identity, Inc.)
.ME (through Registrar Own Identity, Inc.)
.TEL (through Registrar Own Identity, Inc.)
.MN, .BZ (through Registrar Own Identity, Inc.)
.CC, .TV (through Registrar Own Identity, Inc.)
.CN (through Registrar 1API GmbH)
.NZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CA (through Registrar PublicDomainRegistry.com Inc)
.DE (through Registrar Vautron Rechenzentrum AG, 1API GmbH, http.net Internet GmbH or Key-Systems GmbH)
.ES (through Registrar Directi Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar Own Identity, Inc.)
.PRO (through Registrar Own Identity, Inc.)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IN.NET (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CO.DE (through Registrar PDR Ltd.)
.LA (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
Donuts (through Registrar PDR Ltd.)
.CLUB (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UNO (through Registrar PDR Ltd.)
.MENU (through Registrar PDR Ltd.)
.BUZZ (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.LONDON (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BID (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRADE (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.WEBCAM (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
RIGHTSIDE REGISTRY (through Registrar PDR Ltd.)
RADIX REGISTRY (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.OOO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.DESI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
Afilias New gTlds (through Registrar PDR Limited)
.SOY (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
UNIREGISTRY (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
GMO (through Registrar PDR Ltd.)
PUBLIC INTEREST REGISTRY (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.WANG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BUILD (through Registrar PDR Ltd.)
.LUXURY (through Registrar PDR Ltd.)
.GLOBAL (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.VEGAS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.BERLIN (through Registrar PDR Ltd.)
.CAREER (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.QUEBEC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.WIEN (through Registrar NetzAdresse)
.NYC (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
TOP LEVEL DOMAIN HOLDINGS LIMITED (through Registrar Key Systems GmbH)
.CAPETOWN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.DURBAN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.JOBURG (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ADULT (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.PORN (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.VOTE (through Registrar PDR Ltd.)
.VOTO (through Registrar PDR Ltd.)
.SHABAKA (through Registrar PDR Ltd.)
.BEST (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.भारत (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.KIWI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ONE (through Registrar PDR Ltd.)
.SKI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
TLD REGISTRY LTD. (through Registrar PDR Ltd.)
.RICH (through Registrar LogicBoxes Naming Services Ltd)
.ONL (through Registrar LogicBoxes Naming Services Ltd)
.TIROL (through Registrar NetzAdresse)
.移动 (through Registrar PDR Limited)
.FANS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.YACHTS (through Registrar Dominion Enterprise)
.BOATS (through Registrar Dominion Enterprise)
.YOGA (through Registrar Key Systems GmbH)
.GAME (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.LIVE (through Registrar PDR Ltd.)
.MEN (through Registrar PDR Ltd.)
.NEWS (through Registrar PDR Ltd.)
.ONLINE (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.REHAB (through Registrar PDR Ltd.)
.STUDIO (through Registrar PDR Ltd.)
.BIO (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.ARCHI (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.FAMILY (through Registrar PDR Ltd.)
.CO.COM (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.JOBS (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.IT (through Registrar incubatec GmbH – Srl)
.AT (through Registrar incubatec GmbH – Srl)
.FR (through Registrar incubatec GmbH – Srl)
APPENDIX ‘V’
.CN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CN domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CN domain name, involves you contracting with the CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also agree to be bound by the current CNNIC Domain Name Dispute Resolution Policy, available at http://www.cnnic.cn/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘W’
.NZ DOMAIN NAME SPECIFIC CONDITIONS
Registrar and registrant are bound by the policies, at http://dnc.org.nz/policies, that are incorporated herein and made a part of this Agreement by reference.
In the case of any conflict between .NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name the following applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall be treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to its renewal, we will give you fourteen days notice before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New Zealand law.
(2) any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
(3) except as otherwise stated, you may take action against us only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one month’s notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first five days after initial registration of the Order the Registrant may not be able to transfer the Order to another Registrar.
APPENDIX ‘X’
.CO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CO domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO domain name, involves you contracting with the .CO Internet S.A.S which is the .CO Administrator, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws of Colombia.
(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .CO TLD between Registrant and the .CO Registry shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the “UDRP”), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘Y’
.CA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CA domain name, the Registrant, must also agree to the terms within the .CA Registrant Agreement displayed at the time of registering a .CA domain name and while assigning a new Registrant Contact for the domain name.
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .CA domain name registrations only.
APPENDIX ‘Z’
.DE DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .DE domain name, involves you contracting with the DENIC eG (DENIC) which is the .DE Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws of Germany.
(2) either the Registrant or the Administrative Contact of your .DE domain name is domiciled in Germany and would be legally able to receive German Court documents and/or summons.
(3) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .DE TLD between Registrant and the .DE Registry shall be governed exclusively by the laws of Germany and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute Resolution Policy, available at http://www.denic.de/en/domains.html that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AA’
.ES DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ES domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .ES domain name, involves you contracting with the Red.es (ESNIC) which is the .ES Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .ES Registry are provided under laws of Spain.
(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .ES TLD between Registrant and the .ES Registry shall be governed exclusively by the laws of Spain and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name, the Registrant, must also agree to be bound by the current ESNIC Domain Name Dispute Resolution Policy, available at http://www.dominios.es/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AB’
.AU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .AU domain name, then the following terms apply:
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that auDA (.au Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names Administrator.
(2) you are aware that you must comply with all auDA Published Policies (listed at http://www.auda.org.au), as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
(3) you are aware that the Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this agreement.
(4) all information provided to register or renew the registration of the domain name (including all supporting documents, if any) are true, complete and correct, and are not misleading in any way, and the application is made in good faith.
(5) you acknowledge that under the auDA Published Policies there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement.
(6) you meet and will continue to meet, the eligibility criteria prescribed in auDA Published Policies (http://www.auda.org.au/policy/current-policies/) for the domain name for the duration of the domain name.
(7) you have not previously submitted an application for the domain name with another Registrar using the same eligibility criteria, and the other Registrar has rejected the application.
(8) you are aware that even if the domain name is accepted for registration, the Registrant’s entitlement to register the domain name may be challenged by others who claim to have an entitlement to the domain name.
(9) you are aware that auDA or the Registrar may cancel the registration of the domain name if any of the warranties set out above is found to be untrue, incomplete, incorrect or misleading.
(10) you are aware of auDA’s WHOIS policy at http://www.auda.org.au/whois-policy/, which sets out auDA’s guidelines on the collection, disclosure and use of WHOIS data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
(2) Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Registrant’s registration or use of its .au domain name.
(3) Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current auDRP Dispute Resolution Policy, available at http://www.auda.org.au/policy/current-policies/ that is incorporated herein and made a part of this Agreement by reference.
4. REGISTRAR SUPPORT
First level of support is available through the Registration Partner, from whom you have registered your .AU domain name. Contact details of this organization may be obtained from http://publicdomainregistry.com/support/.
If this organization is not able to provide timely assistance to the domain name owner, you may contact Registrar Public Domain Registry Pty Ltd.’s 24×7 online Support Team at http://resources.publicdomainregistry.com/compliance/.
To know more about your .AU domain name or to get in touch with the .AU Registry, refer http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988
ABN: 25 141 141 988
14, Lever Street, Albion
Brisbane, Queensland 4010
Australia
6. DOMAIN CANCELLATION POLICY
If the domain name must be cancelled for any reason after the Registrar allotted Add Grace period, the domain name registrant can do so by submitting a written application for cancellation of the domain to the Registrar.
To cancel the domain licence:
(1) Organisations or companies listed as the domain registrant must submit their written request along with the legal letterhead of that organisation.
(2) Individuals or sole traders must submit their written request along with a copy of photo identification.
All requests must be dated, signed and may be submitted by the Registrant via email or any other medium provisioned by the Registrar.
APPENDIX ‘AC’
.CC, .TV DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CC or .TV domain name, then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CC or .TV domain name, involves you contracting with Verisign, which is the .CC/.TV Registry, and agreeing to their .CC and .TV registry policies available on their website at http://www.verisigninc.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml and you are aware that registering a .CC, .TV domain name, requires you to agree to:
(1) grant Verisign (the .CC, .TV Registry) all necessary licenses and consents to permit Verisign or its agent(s) to:
(1) perform in Verisign’s unlimited and sole discretion Malware Scans on your .CC, .TV website.
(2) collect, store, and process data gathered as a result of such Malware Scans.
(3) disclose the results of such Malware Scan (including all data therefrom) to the Registrar. Such information can not be considered as confidential or proprietary.
(4) use the results of such Malware Scan (including all data therefrom) in connection with protecting the integrity, security or stability of the Registry.
(2) disclaim any and all warranties, representations or covenants that such Malware Scan will detect any and all Malware or that Verisign is responsible for notifying the Registrar or the Registrant of any Malware or cleaning any Malware from any Registrant’s systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and hold harmless Verisign and its affiliates, suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their respective employees, directors, officers, representatives, agents and assigns (“Verisign Affected Parties”) from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any Malware Scan, the failure to conduct a Malware Scan, the failure to detect any Malware, or the use of any data from Malware Scans.
APPENDIX ‘AD’
.XXX DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .XXX domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .XXX domain name, involves you contracting with the ICM Registry LLC which is the .XXX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN’s Uniform Domain Name Dispute Resolution Policy available at http://www.icann.org/udrp/udrp.htm, and ICM’s Charter Eligibility Dispute Resolution Policy (CEDRP) and ICM’s Rapid Evaluation Service (RES) available at the Registry’s website, that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AE’
.RU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .RU domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .RU domain name, involves you contracting with Registrar RU-Center, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at https://www.nic.ru/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that all services of Registrar RU-Center are provided under laws of the Russian Federation.
APPENDIX ‘AF’
.PRO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PRO domain name, the Registrant, must also agree to the following terms:
You are aware that registering a .PRO domain name, involves you contracting with RegistryPro, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://registry.pro/legal/user-terms
1. INDEMNITY
You agree to hold harmless and indemnify RegistryPro and Registrar, and each of their subsidiaries, affiliates, officers, agents, and employees from and against any third party claim arising from or in any way related to your use of the Service, including any liability or expense arising from all claims, losses, damages (actual and consequential), suits, judgements, litigation costs and attorneys’ fees, of every kind and nature. In such a case, Registrar will provide you with written notice of such claim, suit or action.
2. INCORPORATION OF .PRO RESTRICTIONS AND CHALLENGE PROCESSES
You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement.
(A) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/ policy.htm
(B) The Qualification Challenge Policy and Rules, available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C) The .pro TLD restriction requirements, available at http://www.registrypro.pro/qualifications.htm
You represent and warrant that, at all times during the term of domain name registration, you will meet the .pro registration requirements set forth by RegistryPro. You are required to provide prompt notice to the Registrar if you fail to meet such registration requirements. Registrar and/or Registry Operator shall have the right to immediately and without notice to you, suspend, cancel or modify a yourregistration if, at any time you fail to meet the registration requirements.
APPENDIX ‘AG’
.SX DOMAIN NAME SPECIFIC CONDITIONS
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
1.1 You represent and certify that, to the best of your knowledge and belief you are aware that registering a .SX domain name, involves you contracting with the SX Registry SA which is the .SX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.sx/registrars/legal
1.2 Domain Name Holders expressly acknowledge and accept that the Registry shall be entitled (but not obliged) to reject an Application or to delete or transfer a Domain Name Registration:
– that does not contain complete and accurate information as described in these Policies, or is not in compliance with any other provision of these Policies; or
– to protect the integrity and stability of the Shared Registry System, and/or the operation and/or management of the .SX TLD; or
– in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
– to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
– following the outcome of a Sunrise Reconsideration Proceeding.
2. INDEMNIFICATION AND LIMITATION OF LIABILITY
2.1. To the extent allowed under governing law, the Registry shall only be liable in cases where willful misconduct or gross negligence is proven. In no event shall the Registry be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to the submission of an Application, the registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by the Registry to register or not to register a Domain Name on the basis of the findings of or information provided by the IP Clearinghouse Operator, as well as the consequences of those decisions.
2.2. To the extent allowed under applicable law, the Registry’s aggregate liability for damages shall in any case be limited to the amounts paid by the Accredited Registrar to the Registry in relation to the Application concerned (excluding additional fees paid by the Applicant to the Accredited Registrar or reseller, auction fees and/or reconsideration fees). The Applicant agrees that no greater or other damages may be claimed from the Registry (such as, but not limited to, any fees payable or paid by the Applicant in the context of any proceedings initiated against a decision by the Registry to register or not to register a Domain Name). The Applicant further agrees to submit to a binding arbitration for
disputes arising from these Policies and related to the allocation of Domain Names.
2.3. Applicants and Domain Name Holders shall hold the Registry harmless from claims filed or disputes initiated by third parties, and shall compensate the Registry for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the Applications for or the registration or use of the Domain Name by the Applicant infringes the rights of a third party. Applicant agrees to indemnify, keep indemnified and hold the Registry harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Applicant’s registration or use of its .sx domain name.
2.4. For the purposes of this Article, the term “Registry” shall also refer to its shareholders, directors, employees, members, subcontractors, the IP Clearinghouse Operator and their respective directors, agents, employees and subcontractors.
2.5. The Registry, its directors, employees, contractors and agents (including the IP Clearinghouse Operator and the Auction Provider) are not a party to the agreement between an Accredited Registrar and its Applicants, its Domain Name Holders or any party acting in the name and/or on behalf of such Applicants or Domain Name Holders.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the Uniform Domain Dispute Resolution Policy (UDRP), available at http://www.registry.sx/registrars/legal.html that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AH’
.PW DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .PW domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .PW domain name, involves you contracting with the .PW Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.pw/.
Furthermore, you represent and certify that, to the best of your knowledge and belief you are aware of the Domain Abuse Policy for .PW Registrants available on the website http://www.registry.pw/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .PW Registry and published at http://www.registry.pw that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AI’
.IN.NET DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN.NET domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .IN.NET domain name, involves you contracting with the .IN.NET Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domains.in.net/.
Furthermore, you represent and certify that, to the best of your knowledge and belief you are aware of the Domain Abuse Policy for .IN.NET Registrants available on the website http://www.domains.in.net/anti-abuse-policy/
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN.NET Registry and published at http://www.domains.in.net/dispute-resolution-policy/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AJ’
.CO.DE DOMAIN NAME SPECIFIC CONDITIONS
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO.DE domain name, involves you contracting with the DNNEXT Registry which is the .CO.DE Registry, and agreeing to their CO.DE REGISTRATION POLICY available on their website at http://dnnext.com/code/
APPENDIX ‘AK’
.LA DOMAIN NAME SPECIFIC CONDITIONS
1. WHOIS ACCURACY
1.1 The Registrant shall provide to the registrar accurate and reliable contact details and promptly up date them during the term of the .LA domain registration including: full name, name of organisation, association or corporation (if applicable) postal address, email address, voice telephone number, and fax number if available; name of authorized person in the case of Registrant that is an organization association or corporation.
1.2 A Registrant’s provision of inaccurate or unreliable information or its failure to promptly update information provided shall constitutes material breach of the registration agreement and shall be a basis for cancellation of the .la registered domain name.
2 REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .LA domain name, involves you contracting with the .LA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.la/.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .LA Registry and published at https://www.la/e/dispute that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘AL’
DONUTS INC. SPECIFIC CONDITIONS –
Should you seek to register a gTLD from a Donuts Inc. subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Donuts Inc. subsidiary registry domain registrations. A non-exhaustive list of Donuts Inc. gTLDs (the “Registry TLDs”) are are .BIKE, .CLOTHING, .GURU, .HOLDINGS, .PLUMBING, .SINGLES, .VENTURES, .CAMERA, .EQUIPMENT, .ESTATE, .GALLERY, .GRAPHICS, .LIGHTING, .PHOTOGRAPHY, .CONSTRUCTION, .CONTRACTORS, .DIRECTORY, .KITCHEN, .LAND, .TECHNOLOGY, .TODAY, .DIAMONDS, .ENTERPRISES, .TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES, .CAB, .COMPANY, .DOMAINS, .LIMO, .ACADEMY, .CENTER, .COMPUTER, .MANAGEMENT, .SYSTEMS, .BUILDERS, .EMAIL, .SOLUTIONS, .SUPPORT, .TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE, .REPAIR, .COFFEE, .FLORIST, .HOUSE, .INTERNATIONAL, .SOLAR, .HOLIDAY, .MARKETING, .CODES, .FARM, .VIAJES, .AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP, .ZONE, .COOL, .WATCH, .WORKS, .EXPERT, .FOUNDATION, .EXPOSED, .CRUISES, .FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA, .CONDOS, .PROPERTIES, .MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS, .COMMUNITY, .CATERING, .CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS, .SUPPLIES, .SUPPLY, .FISH, .REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING, .EXCHANGE, .GRIPE, .ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS, .UNIVERSITY, .TOWN, .WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC, .SURGERY, .DENTAL, .TAX, .CASH, .FUND, .INVESTMENTS, .FURNITURE, .DISCOUNT, .FITNESS, .SCHULE, .GRATIS, .CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL, .ACCOUNTANTS, .FINANCE, .INSURE, .LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE, .DEALS, .CITY, .HEALTHCARE, .RESTAURANT, .GIFTS, .SARL, .PIZZA, .IMMO, .BUSINESS, .NETWORK, .WORLD, .DELIVERY, .ENERGY, .COACH, .MEMORIAL, .LEGAL, .MONEY, .TIRES, .BINGO, .CHAT, .STYLE, .TENNIS, .APARTMENTS, .CASINO, .SCHOOL, .FOOTBALL, .GOLF, .TOURS, .GOLD, .PLUS, .EXPRESS, .CAFE, .TEAM, .JEWELRY, .RUN, .DOG, .SHOW, .HOCKEY, .TAXI, .COUPONS, .FYI, .MBA, .SOCCER, .THEATER, .BAND .MOVIE, .WINE, .SALON, .GROUP, .GMBH, .LTD, .DOCTOR and .VIN.
1. You consent to the published privacy policies of the Registry, available at http://www.donuts.domains/policies.
2. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (d) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (e) per the terms of the registration agreement; (f) following an occurrence of any of the prohibited activities; or (g) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
3. You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others are Premium Names); click here for more information from the Registry. The non-uniform registration and renewal pricing means that a fee for one Donuts TLD may differ from another Donuts TLD.
4. You acknowledge and agree that registrants who hold themselves out to be licensed medical practitioners must be able to demonstrate to the Registrar and Registry, upon request, that they hold the applicable license.
APPENDIX ‘AM’
.CLUB DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CLUB domain name, the Registrant agrees to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CLUB domain name, involves you contracting with the .CLUB Registry, and agreeing to their Policies of Domain Name Registration available on their website at http://nic.club/Terms/
2. DOMAIN NAME REGISTRATION AGREEMENT
If the Order is a .CLUB domain name, the Registrant, must also agree to the following terms: (a) acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry. (b) .CLUB domain name (s) shall not be used for distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law.
3. INDEMNIFICATION
The REGISTERED NAME HOLDER indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.
4. Domain Dispute Policy
For disputes relating to the use of domain names, Registrant agrees to be bound and confirm to ICANN’s Uniform Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both as applied and amended at http://newgtlds.icann.org/en/applicants/urs and http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX ‘AN’
.UNO DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .UNO top level domain (“Registry TLD”) from Dot Latin, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .UNO domain registrations.
1. You acknowledge and agree Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (c) for the non-payment of fees to Registry.
2. You agree to comply with Registry’s Acceptable Use policies, Terms of Service, if any, operational standards, policies, procedures and practices, and Registry policies as they may be instituted or updated from time to time and published on the Registry website (http://unodominio.com/) specific to the Registry TLD for the domain name.
3. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
4. You, as the Registrant, acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
i. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
ii. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
iii. The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
APPENDIX ‘AO’
.MENU DOMAIN NAME SPECIFIC CONDITIONS
Should you seek to register a .MENU top level domain (“Registry TLD”) from Wedding TLD2, LLC (“Registry”, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MENU domain registrations.
1. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
2. You agree to comply with the operational standards, policies, procedures and practices for the .MENU TLD as established by the Registry Operator, including without limitation the Registry Policies.
3. You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation land rush, and sunrise further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability/inability to obtain a registered name during that period.
4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (d) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (e) per the terms of the registration agreement; (f) following an occurrence of any of the prohibited activities; or (g) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
5. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .MENU Registry.
6. Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the third-party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.
APPENDIX ‘AP’
.BUZZ DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .BUZZ domain name, then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .BUZZ domain name, involves you contracting with the .BUZZ Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.buzznames.biz/
2. DOMAIN NAME REGISTRATION AGREEMENT
The Registrant must (a) acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
3. INDEMNIFICATION
The Registrant must agree to indemnify, defend and hold harmless the Registry Operator and Registry Service Provider and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney’s fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registered Name Holder’s domain name registration. The registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement.
4. DOMAIN DISPUTE POLICY
For disputes relating to the use of domain names, Registrant agrees to be bound and confirm to ICANN’s Uniform Rapid Suspension System or Uniform Domain Name Dispute Resolution Policy, both as applied and amended at http://newgtlds.icann.org/en/applicants/urs and http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX ‘AQ’
.LONDON DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .LONDON domain name, then the following terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .LONDON domain name, involves you contracting with the .LONDON Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.dotlondondomains.london/terms-conditions/
2. DOMAIN NAME REGISTRATION AGREEMENT
The Registrant acknowledges and agrees that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs), (2) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration, or (3) if required by a URS or UDRP, proceeding; (4) under the terms of the Registry Policies; (4) for the non-payment of fees to the Registry
3. INDEMNIFICATION
The Registrant agrees to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. The Registrar’s registration agreement shall further require that this indemnification obligation survive the termination or expiration of the registration agreement
4. OPERATIONAL REQUIREMENTS
The Registered Name Holder complies with (i) ICANN standards, policies, procedures, and practices for which the Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and (ii) Operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry in a non-arbitrary manner and applicable to all Registrars (“Operational Requirements”), including affiliates of the Registry, and consistent with the Registry’s Registry Agreement with ICANN, as applicable, upon the Registry’s notification to the Registrar of the establishment of those terms and conditions. Unless shorter notice is deemed necessary by the Registry in exceptional circumstances, additional or revised Operational Requirements shall be effective upon ninety (90) days notice by the Registry to the Registrar
APPENDIX ‘AR’
FAMOUS FOUR MEDIA LIMITED SPECIFIC CONDITIONS –
If the Order is either a .BID, .TRADE, .WEBCAM, .PARTY, .CRICKET, .ACCOUNTANT, .DATE, .DOWNLOAD, .FAITH, .RACING, .REVIEW, .WIN, .MEN, .LOAN or .SCIENCE domain name, the Registrant, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all domain registrations with Famous Four Media. A non-exhaustive list of Famous Four Media gTLDs (the “Registry TLD”) can be found at http://www.famousfourmedia.com/our-gtlds/.
1. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
2. You agree to the operational standards, policies, procedures, and practices for the Registry TLD (available at http://www.famousfourmedia.com/policies/) as set forth in the Registry Agreement between the Registry Operator and ICANN, and as established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of registrar, and consistent with ICANN standards, policies, procedures, and practices and Registry Operator’s Registry Agreement with ICANN, including, in particular, any acceptable use policy (available at http://www.famousfourmedia.com/wp-content/uploads/2014/02/FFM_Acceptable_Use_and_Takedown_Policy_27_Nov_2013.pdf), which delineates all the types of activity that define abuse and reserves the right of the Registry Operator to take appropriate action based on the type of abuse.
3. You agree to all permissions, authorizations and confirmations required from the Registered Name Holder or any other data subject which are reasonably required by the Registry Operator or registrar of record in order to comply with the terms of paragraph (b) immediately above.
APPENDIX ‘AS’
UNITED TLD HOLDCO LTD. SPECIFIC CONDITIONS –
If the Order is either a .ACTOR, .AIRFORCE, .ARMY, .ATTORNEY, .AUCTION, .BAND, .CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FORSALE, .FUTBOL, .GIVES, .HAUS, .IMMOBILIEN, .KAUFEN, .LAWYER, .LIVE, .MARKET, .MODA, .MORTGAGE, .NAVY, .NEWS, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .RIP, .ROCKS, .SALE, .SOCIAL, .SOFTWARE, .STUDIO, .VET, .VIDEO or .FAMILY domain name, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all United TLD Holdco Ltd. subsidiary registry domain registrations. A non-exhaustive list of United TLD Holdco Ltd.
1. These Registration Terms and Conditions (“the Registration Terms”) supplement, and are incorporated into, the agreement between you (“you”), a registrant, and the ICANN Accredited Registrar (“Registrar”) that you use to register or reserve a name in the United TLD Top Level Domain (the “Registry TLD”). As between you and United TLD Holdco Ltd., (the “Registry” or “we”), in the event of any conflict between this Agreement Schedule and the terms of your agreement with Registrar (the “Registrar-Registrant Agreement”), these Registration Terms shall prevail. These additional terms may be found at the Registry’s website http://rightside.co/.
a. By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry’s Acceptable Use (Anti-Abuse) Policy mentioned at http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
b. You acknowledge and agree to abide by all Registry Policies set forth on the Registry’s website at http://rightside.co/rightside-registry/policies/ (the “Registry Website”). You specifically acknowledge and agree that the Registry Policies may be modified by the Registry, and agree to comply with any such changes in the time period specified for compliance.
c. You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.
d. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.
e. You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law.
f. You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, and that you will correct and update this information to ensure that it remains current, complete, and accurate throughout the term of any resulting registration or reservation. Your obligation to provide current, accurate, and complete information is a material element of these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.
g. You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry’s Privacy Policy mentioned at http://rightside.co/fileadmin/downloads/policies/Rightside_Privacy_Policy.pdf, and incorporated by reference here. If you are submitting information from a country other than the country in which the Registry servers are located, your communications with the Registry may result in the transfer of information (including your membership account information) across international boundaries; you consent to such transfer.
h. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”) mentioned at https://www.icann.org/resources/pages/help/dndr/udrp-en, and the Uniform Rapid Suspension System (“URS”) mentioned at http://newgtlds.icann.org/en/applicants/urs, each as described on the ICANN Website. You further agree to abide by the final outcome of any of those processes, subject to any appeal rights provided in those processes or the law, and you hereby release the Registry, its affiliates and service providers from any and all directly or indirect liability associated with such dispute resolution processes.
i. You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.
j. You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration that it deems necessary, in its discretion, in furtherance of the following:
(i) to enforce all Registry Policies, these Registration Terms, and ICANN requirements, as amended from time to time;
(ii) to protect the integrity and stability of the Registry, its operations, and the Registry TLDs;
(iii) to comply with any applicable law, regulation, holding, order, or decision issued by a court, administrative authority, or dispute resolution service provider with jurisdiction over the Registry or you;
(iv) to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, contractors, and stockholders;
(v) to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation;
(vi) as otherwise provided herein.
k. The Registration Terms, its interpretation, and all disputes between the parties arising in any manner hereunder, shall be governed by and construed in accordance with the internal laws of the State of Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.
l. By agreeing to these Registration Terms and Conditions, you are: (i) Waiving claims that you might otherwise have against the Registry, its employees, affiliates and subsidiaries, and service providers, based on the law of other jurisdictions, including your own; (ii) Irrevocably consenting to the exclusive jurisdiction of, and venue in, state or federal courts in the state of Washington over any disputes or claims you have with the Registry, its affiliates and service providers; and (iii) submitting yourself to the personal jurisdiction of courts located in the state of Washington for the purpose of resolving any such disputes or claims.
m. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these Registration Terms. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.
n. You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
o. To the greatest extent permitted by law, the Registry, its affiliates and service providers, disclaim implied warranties that the Registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry TLDs, or registry operations will meet your requirements, will be error-free, reliable, without interruption or available at all times. We do not guarantee that the results that may be obtained from the use of the United TLD, including any support services, will be effective, reliable, accurate or meet your requirements. We do not guarantee that you or third parties will be able to access or use a domain name in United TLDs (either directly or through third-party networks) at times or locations of your choosing. No oral or written information or advice given by a representative of the Registry, its affiliates and service providers shall create a warranty regarding operations of the Registry or a domain name in a Registry TLD.
p. The Registry, its affiliates and service providers shall not be liable for any indirect, special, incidental, consequential or exemplary damages arising from your use of, inability to use, or reliance upon a domain name in United TLD. These exclusions apply to any claims for lost profits, lost data, loss of goodwill, work stoppage, computer failure or malfunction, or any other commercial damages or losses, even if the Registry, its affiliates and services providers knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states or jurisdictions, the Registry’s liability, and the liability of the Registry’s affiliates and service providers, shall be limited to the amount you paid to register a United TLD. You further agree that in no event shall the Registry’s, its affiliates’ and service providers’ total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive the termination of the Registrar’s agreement with you.
q. The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website at http://rightside.co/ shall prevail.
r. You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti-Abuse) Policy mentioned at http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
s. The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.
2. In addition to the Registration Terms above, you agree to comply with applicable rules and laws including those that relate to privacy, data collection, consumer protection, import/export of services and disclosure of data.
3. If you choose to register a highly regulated TLD (currently .ATTORNEY, .DENTIST and .LAWYER), you agree to the following the additional terms:
a. You represent that you hold the appropriate applicable credentials and you agree to report any changes to these credentials; and
b. You agree to provide, and report any changes to, contact information for the relevant regulatory, or industry self-regulatory, bodies in your main place of business.
4. If you choose to register a Military TLD from United TLD Holdco Ltd. (currently .AIRFORCE, .ARMY, .NAVY), you agree not to misrepresent or falsely imply that you or your business is affiliated with, sponsored or endorsed by one or more country’s or government’s military forces if such affiliation, sponsorship or endorsement does not exist.
APPENDIX ‘AT’
RADIX SPECIFIC CONDITIONS –
If the Order is either a .FUN, .PRESS, .HOST, .WEBSITE, .SPACE, .ONLINE, .SITE, .STORE or .TECH domain name, the Registrant agrees to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a RADIX domain name, involves you contracting with the RADIX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://radixregistry.com/policies/
2. DOMAIN NAME REGISTRATION AGREEMENT
By registering a RADIX domain name, the Registrant/Registered Name Holder:
(a) acknowledge and agree that RO reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in connection with a domain name registration, (3) for the non-payment of fees to RO, (4) to protect the integrity and stability of the Registry System; (5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (6) to avoid any liability, civil or criminal, on the part of RO , as well as its affiliates, subsidiaries, officers, directors, and employees.
(b) comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
(c) acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
(d) warrant that no domain name registration within any Included TLD shall be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other similar activity and providing consequences for such activities including suspension of the domain name.
(e) comply with all operational standards, procedures, practices and policies for the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy (“AUP”) and all other applicable policies which will be available on the Radix website (www.radixregistry.com), established from time to time by RO in a non-arbitrary manner and applicable to all registrars, including affiliates of RO, and consistent with ICANN’s standards policies, procedures, and practices and RO’s Registry Agreement with ICANN for the Included TLD. Additional or revised RO operational standards, policies, procedures, and practices for the Included TLD shall be effective upon ninety (90) days notice by RO to Registrar unless mandated by ICANN with a shorter notice period.
(f) consent to the use, copying, distribution, publication, modification and other processing of Registrant’s Personal Data by RO and its designees and agents, including data escrow requirements, or as specified by ICANN from time to time for new gTLDs.
(g) expressly agree that registration and renewal fees for some domain names in an Included TLD are variable and shall differ from registration and renewal fees for other domain names within that Included TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names.
(h) agree that registration, renewal and transfers fees for each Included TLD are variable.
(i) be bound by the terms and conditions of the initial launch of the Included TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN’s rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and further to acknowledge that RO and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (a) the ability or inability of a Registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration.
(j) indemnify, defend and hold harmless RO, RO’s Registry Service Provider and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the Registered Name Holder’s domain name registration, any breach of the Registration Agreement with Registrar and any use of the domain name. The Registration Agreement shall further require that this indemnification obligation survive the termination or expiration of the Registration Agreement and this Agreement.
3. NON-UNIFORM RENEWAL REGISTRATION PRICING
The Registrant agrees that the Included TLDs will have non-uniform renewal registration pricing such that the Registration Fee for a domain name registration renewal may differ from other domain names in the same or other Included TLDs (e.g., renewal registration Fee is $7 for one domain name and $13 for a different domain name).
4. OPERATIONAL REQUIREMENTS
The Registered Name Holder is obliged to comply with each of the following requirements:
(a) ICANN standards, policies, procedures, and practices for which RO has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and
(b) Operational standards, policies, procedures, and practices for the Included TLD established from time to time by RO in a non-arbitrary manner and applicable to all registrars (“Operational Requirements”), including affiliates of RO, and consistent with RO’s Registry Agreement with ICANN, as applicable, upon RO’s notification to Registrar of the establishment of those terms and conditions.
APPENDIX ‘AU’
INFIBEAM SPECIFIC CONDITIONS –
Should you seek to register a .OOO TLD (“Registry TLDs”) from Infibeam (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .OOO domain registrations.
a. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time by the Registry in a non-arbitrary manner upon 90 days’ notice from the Registry.
b. You acknowledge and agree the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs); (2) to correct mistakes made by the Registry or any registrar in connection with a domain name registration; or (3) for the non-payment of fees to the Registry.
c. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
d. You acknowledge and agree the Registry prohibits the use of domain names that might induce confusion with the Triple Zero Emergency Call Service.
e. You agree to comply with the public interest commitments as set forth in Specification 11 in the Registry Agreement (available at https://www.icann.org/sites/default/files/tlds/ooo/ooo-agmt-html-09jan14-en.htm), and Government Advisory Committee safeguards as published or provided to the Registrar by the Registry.
APPENDIX ‘AV’
DESI NETWORKS, LLC SPECIFIC CONDITIONS –
If the Order is a .DESI domain name, the Registrant, must agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a DESI NETWORKS, LLC domain name, involves you contracting with the DESI NETWORKS, LLC Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://registry.desi/terms/.
2. INDEMNIFICATION
Registrant (a) acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Registry or any registrar in connection with a domain name registration, (3) for breach of the registration agreement, or (4) if required by a URS, UDRP, DRS, or CRS proceeding; or (5) for the non-payment of fees to Registry; and (b) indemnify, defend and hold harmless Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration and use of the domain name and/or any associated service, activity or content and that this indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
3. OPERATIONAL REQUIREMENTS
The Registrant must comply to the following operational requirements:
(a) ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; and
(b) Operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non- arbitrary manner and as communicated in Registry technical documents and other communications, and applicable to all registrars (“Operational Requirements”), including affiliates of Registry, and consistent with the Registry Agreement, as applicable, upon Registry’s notification to Registrar of the establishment of those terms and conditions.
APPENDIX ‘AW’
AFILIAS NEW gTLDs SPECIFIC CONDITIONS –
Should you seek to register a .BET, .BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT, .LOTTO, .LTD, .MEET, .MEMORIAL, .MLS, .PINK, .RED, .POKER, .PROMO, .SHIKSHA or .?? domain name from the Afilias plc registry or an Afilias subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias plc registry, and all Afilias subsidiary registry domain registrations.
a. You understand and agree to comply with all ICANN standards, policies, procedures and practices.
b. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.
c. You agree to be bound by the operational standards, policies, procedures and practices for the Registry as established by the Registry, including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, available at http://afilias.info/policies, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.
d. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion:
(1) to protect the integrity and stability of the registry;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN;
(4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
(5) per the terms of the Registration Agreement;
(6) following an occurrence of any of the prohibited activities; or
(7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
APPENDIX ‘AX’
ROAD REGISTRY, INC. SPECIFIC CONDITIONS –
Should you seek to register a .HOW or .SOY TLD (each a “Registry TLD”) from Charleston Road Registry, Inc. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .HOW and .SOY domain registrations.
a. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); (2) to correct mistakes made by Registry or any registrar in connection with a domain name registration; (3) to protect the rights and property of the Registry and to avoid any potential or actual liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (4) to protect the integrity and stability of the registry system and the operation of the DNS; (5) to comply with all applicable laws, government rules or requirements, requests of law enforcement or any applicable dispute resolution process; or (6) for violation of the terms and conditions set forth in any applicable registration agreement.
b. You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation the land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability or inability to obtain a registered name during that period.
c. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
d. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.
e. You must comply with any ICANN standards, policies, procedures, and practices as may be adopted or amended from time to time.
f. You agree that all domains in the Registry TLD are subject to the Registry’s Domain Name Abuse Policy available at http://www.google.com/registry/policies/domainabuse/ and Startup Policy available at http://myicann.force.com/SunriseAttachment?attachmentId=MDBQZDAwMDAwMEJ4SFlJRUEz
APPENDIX ‘AY’
UNIREGISTRY SPECIFIC CONDITIONS –
Should you seek to register a gTLD from the Uniregistry Registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Uniregistry domain registrations. A non-exhaustive list of all Uniregistry gTLDs are .TATTOO, .SEXY, .LINK, .GIFT, .GUITARS, .PICS, .PHOTO, .CHRISTMAS, .BLACKFRIDAY, .HIPHOP, .AUDIO, .JUEGOS, .HOSTING, .PROPERTY, .CLICK, .DIET, .HELP, .LOL, .GAME, .FLOWERS, .CAR, .CARS and .AUTO.
1. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to correct mistakes made by the Registry or any Registrar in connection with a domain name; (b) for the non-payment of fees by Registrar.
2. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
3. You agree to comply with all operational standards, policies, procedures and practices for the Registry as established from time to time.
4. You agree to comply with Registry’s Acceptable Use policies and Terms of Service published at the Registry’s website (available at https://uniregistry.com/).
5. You understand and agree that Registered Names allocated to Register Name Holders during any Registry sunrise period are non-transferrable for the first 10 years after registration.
6. For the .SEXY TLD, the Registered Name Holder shall not permit content unsuitable for viewing by a minor from the main or top-level directory of a .SEXY domain name.
APPENDIX ‘AZ’
GMO Registry, Inc. SPECIFIC CONDITIONS –
Should you seek to register a gTLD from the GMO Registry, Inc. (“Registry”), including at present .TOKYO and .NAGOYA, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .TOKYO and .NAGOYA domain registrations.
a. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
b. You agree to be bound by the operational standards, policies, procedures and practices established by the Registry, including without limitation the Registry’s policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise periods, available at http://www.gmoregistry.com/en/geotlds/policy/regist/, the Abusive Use Policy (available at http://www.gmoregistry.com/en/geotlds/policy/use/), and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.
c. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘BA’
PUBLIC INTEREST REGISTRY SPECIFIC CONDITIONS –
Should you seek to register a .NGO, .ONG, .机构, .组织机构, .संगठन or .OPR TLD (“Registry TLDs”) from the Public Interest Registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .NGO, .ONG, .机构, . संगठन and .OPR domain registrations.
a. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLDs established from time to time by the Registry.
b. You agree to immediately correct and update the registration information for the domain names during the registration term for, including personal data associated therewith.
c. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the registration agreement; (5) as part of the Registry’s validation procedures or (6) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
d. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
e. You agree that your registration complies with the Registry’s eligibility requirements (available at http://globalngo.org/discover/eligibility/) and that your registration will be placed on server hold status by the Registry until your NGO passes the Registry’s validation process.
f. You agree to submit to proceedings under the Registry’s Restrictions Dispute Resolution Policy (RDRP), available at http://domain.adrforum.com/main.aspx?itemID=2246
g. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the RDRP, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, and (2) the results of any dispute over a sunrise registration.
h. You agree to submit to proceedings commenced under ICANN’s dispute resolution procedures relating to Rights Protection Mechanism (RPMs) (available at http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en)
APPENDIX ‘BB’
.WANG SPECIFIC CONDITIONS –
Should you seek to register a .WANG TLD (“Registry TLD”) from Zodiac Registry (“Registry”), you must agree to be bound by all Registry policies, available at http://en.zodiac.wang/policy.html. In the event that a term in the Registry policies conflicts with the Registration Agreement, the terms of the Registry policies shall apply to any and all .WANG domain registrations.
APPENDIX ‘BC’
.BUILD SPECIFIC CONDITIONS –
Should you seek to register a .BUILD TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUILD domain registrations.
1. You acknowledge and agree Plan Bee, LLC (the “Registry”) reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
2. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry’s website, http://terms.about.build/.
3. You agree to be bound by the terms and conditions of initial launch established by Registry, available at http://policies.build/, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.
4. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
APPENDIX ‘BD’
.LUXURY SPECIFIC CONDITIONS –
Should you seek to register a .LUXURY top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .LUXURY domain registrations.
1. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
2. You agree to comply with the operational standards, policies, procedures and practices for the .LUXURY TLD as established by Luxury Partners, LLC (the “Registry”) or any appointed registry operator, including without limitation the Registry Policies, which may be available at http://www.dotluxury.com/.
3. You agree to be bound by the terms and conditions of the initial launch established by Registry, including without limitation the land rush and sunrise periods, and the Start-Up Policies, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability or inability to obtain a registered name during that period.
4. You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry maintains with ICANN; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the Registration Agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
5. You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for the suspension of a domain name pursuant to claims made by intellectual property right holders , Internet engineering and security experts, or other competent claimants for the purpose of upholding the stability, security, and integrity of the .LUXURY Registry.
6. Notwithstanding anything in this Registration Agreement to the contrary, Luxury Partners, LLC, the Registry Operator of the .LUXURY TLD, is and shall be an intended third-party beneficiary of this Registration Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to the registrar of record being a registrar for the .LUXURY TLD. Additionally, the third-party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Registration Agreement.
APPENDIX ‘BE’
.GLOBAL SPECIFIC CONDITIONS –
Should you seek to register a .GLOBAL TLD (“Registry TLD”) from Dot Global Domain Registry Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .GLOBAL domain registrations.
1. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the Registration Agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, limited registration period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry TLD, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, limited registration period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute resolution process regarding a registration.
3. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Dot Global Domain Registry Limited, and consistent with ICANN’s standards, policies, procedures, and practices and the Registry Agreement. Additional or revised Registry operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days’ notice by Registry to Registrar.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
5. You must comply with any ICANN standards, policies, procedures, and practices as may be adopted or amended from time to time.
6. You agree that you have been provided with the Registry Policies (available at http://www.nic.global/registry-policies.php) including the Registry’s Acceptable Use Policies (available at https://docs.google.com/document/d/1PDCJ9ecrRAatIryaWH-nYombaBjbGNktUtdYs7e61mI/edit).
APPENDIX ‘BF’
.VEGAS SPECIFIC CONDITIONS –
Should you seek to register a .VEGAS TLD (“Registry TLD”) from Dot Vegas, Inc. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .VEGAS domain registrations.
1. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, limited registration period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or Registry TLD, (available at http://www.nic.vegas/policies/) and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, limited registration period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute resolution process regarding a registration.
3. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Dot Vegas (available at http://www.nic.vegas/policies/) in a non-arbitrary manner and applicable to all registrars, including affiliates of Dot Vegas, and consistent with ICANN’s standards, policies, procedures, and practices and the Registry Agreement.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
5. You must comply with any ICANN standards, policies, procedures, and practices as may be adopted or amended from time to time.
APPENDIX ‘BG’
.BERLIN SPECIFIC CONDITIONS –
Should you seek to register a .BERLIN top level domain from dotBERLIN GmbH & Co. KG(“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BERLIN domain registrations.
1. You hereby agree that Registry and registry services provider, acting on behalf of Registry, reserve the right to change the status of the relevant domain name(s) during the resolution of a dispute, a compliance procedure, upon a request from a competent authority (e.g. put on hold, lock), as well as to deny, modify, cancel, suspend, or transfer any registration that it deems necessary, in its complete discretion, in order to; (a) protect the integrity, security, and stability of the Registry System; (b) comply with all appropriate laws, government rules or requirements, requests of law enforcement or any other relevant authority, or in compliance with any dispute resolution process; (c) avoid any liability of Registry, its affiliates, shareholders, subsidiaries, officers, directors, and employees; (d) stop or prevent any violations of any terms and conditions of this Agreement; (e) correct mistakes made by Registry, registry service providers or any registrar in relation to a domain name registration; and (f)ensure compliance with ICANN and/or Registry Policies.
2. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
3. You agree to adhere and comply with all applicable ICANN policies and Registry policies for resolution of disputes concerning domain names.
4. You agree that Registry is a third-party beneficiary of the Registration Agreement and is entitled to enforce its rights vested by the Registration Agreement.
5. You agree to comply with the .BERLIN Policies (available at http://dot.berlin/de/berlin-policies) and agree that the German version of .BERLIN Policies governs and the English versions are provided for convenience only.
6. Every natural person, legal entity, organization or group of persons is entitled to register and use a domain under the .BERLIN top level domain, provided they can show that they have an economic, cultural, historical, social or other connection to the German capital, Berlin, as set out in Registry’s Policy for the Registration of .BERLIN Domain Names, available at http://dot.berlin/.
APPENDIX ‘BH’
.CAREER SPECIFIC CONDITIONS –
Should you seek to register a .CAREER TLD (“Registry TLD”) from dotCareer LLC (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .CAREER domain registrations.
1. You agree that Registry Operator reserves the right, in its unlimited and sole discretion, to revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, including placing any domain name(s) on registry lock, hold or similar status, without any notice thereto: (1) in the event of non-compliance by the Registered Name Holder with any provision of the Registration Agreement, the .CAREER Registry-Registrant Agreement, specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; (2) to correct any mistakes made by Registry Operator, registrar of record or any third party in connection with a domain name registration; or (3) for the non-payment of any fees due to Registry Operator;
2. You agree to comply with the operational standards, policies, procedures, and practices (such as, for example, start up, initial operations, sunrise, premium names, etc.) for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars (operational requirements), including affiliates of Registry Operator, and consistent with the Registry Operator’s Registry Agreement with ICANN, as applicable, upon Registry Operator’s notification to Registrar of the establishment of those terms and conditions.
3. You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
4. You agree to the .CAREER Registry-Registrant Agreement, as posted at Registry Operator’s website (available at http://dotcareer.jobs/) and as amended from time to time at the sole discretion of Registry Operator.
5. You agree to comply with any and all applicable national, state or local law, regulation or court order in relation to operations and registrations in the Registry TLD.
6. You agree to (i) grant Registry Operator and Registry Service Provider (“RSP”) all necessary licenses and consents to permit Registry Operator and/or RSP or its agent(s) to (a) perform, in Registry Operator or RSP’s unlimited and sole discretion, malware scans; (b) collect, store, and process data gathered as a result of such malware scans; (c) disclose the results of such malware scans (including all data therefrom) to Registry Operator and/or ICANN; and (d) use the results of such malware scans (including all data therefrom) in connection with: (1) protecting the integrity, security or stability of the Registry’s system; and (2) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD; (ii) acknowledge that the results of any malware scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of registrar of record or Registered Name Holder; (iii) disclaim any and all warranties, representations or covenants that such malware scan will detect any and all malware or that Registry Operator or RSP is responsible for notifying registrar of record or any Registered Name Holder of any malware or cleaning of any malware from any system or website; (iv) indemnify, defend and hold harmless Registry Operator and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any malware scan, the failure to conduct a malware scan, the failure to detect any malware, clean any malware, or the use of any data from malware scans; and (v) prohibit the entrance into any settlement or compromise of any such indemnifiable claim (as set forth in (d) above) without the Registry Operator and RSP’s prior written consent.
APPENDIX ‘BI’
.QUEBEC SPECIFIC CONDITIONS –
Should you seek to register a .QUEBEC TLD (“Registry TLD”) from PointQuébec (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .QUEBEC domain registrations.
1. You acknowledge and agree that the Registry reserves the right to deny, modify, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion, in order to: (a) protect the integrity, security, and stability of the registry system; (b) comply with all appropriate laws, government rules or requirements, requests of law enforcement or any other relevant authority, or in compliance with any dispute resolution process; (c) avoid any liability of Registry, its affiliates, members, subsidiaries, officers, directors, and employees; (d) stop or prevent any violations of any terms and conditions of this agreement; (e) correct mistakes made by Registry, registry service providers or any registrar in relation to a domain name registration; and (f) ensure compliance with ICANN and/or Registry policies.
2. You agree to comply with the Registry General Registration Policies (available at http://registre.quebec/).
3. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
4. The Registry is a third-party beneficiary of this Registration Agreement, entitled to enforce its rights vested by Registration Agreement. Additionally, the third-party rights of the Registry shall survive termination or expiration of this Registration Agreement.
APPENDIX ‘BJ’
.WIEN SPECIFIC CONDITIONS –
Should you seek to register a .WIEN top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .WIEN (“Registry TLD”) domain registrations.
1. You acknowledge and agree that punkt.wien GmbH (the “Registry”) reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion: (i) to protect the integrity, security and stability of the Internet or Registry; (ii) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs) and/or to comply with any applicable laws, government rules or requirements, requests of law enforcement or any other relevant authority or in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of Registry and Registry Service Provider and their affiliates, subsidiaries, subcontractors, officers, directors, employees and stockholders; (iv) for violations of this Registration Agreement; (v) to correct mistakes made by Registry or any registrar in connection with a domain name registration; (vi) to ensure compliance with ICANN and/or Registry policies and/or procedures; and/or (vii) for the non-payment of fees to Registry. Registry also reserves the right to lock or place on hold a domain name during resolution of a dispute. Registry will notify registrar of any cancellations, locks, holds or transfers made by Registry to the registrar’s domain name registrations, via email or other method as may be mutually agreed upon by the parties, within twenty four (24) hours of any change, unless otherwise required to by law.
2. You shall comply with the Registry’s General Terms and Conditions, available at https://www.nic.wien/wien/policies/en/20140129_generaltermsconditions_v1.pdf, and all other Registry policies, including for land rush and sunrise periods, as they may be instituted or updated from time to time and published on the Registry website, available at https://www.nic.wien/de/.wien/policies.
3. You shall comply with ICANN standards, policies, procedures, and practices for which Registry has responsibility in accordance with the Registry Agreement.
4. You understand and agree that the following persons are eligible for registration of a Registry TLD: any natural person, legal person, organization or association intending to show an economic, cultural, tourist, historical, social or other affinity with the Austrian federal capital: WIEN [Vienna]. No verification procedure will be carried out at the time of registration to verify whether you have the required interests in or relations to Vienna, but fulfillment of the nexus conditions can be reviewed by initiating alternative dispute resolution procedures (“Eligibility Requirements Dispute Resolution Policy”, available at https://www.nic.wien/wien/policies/en/20140129_erdrp_v1.pdf).
5. You hereby represent and warrant that (a) You fulfill one of the general registration requirements and will inform the Registry via your registrar if and when you no longer fulfill those requirements; (b) the application for domain registration is made in good faith and for a statutory purpose; (c) the use of the domain will not be against public policy, will not violate accepted principles of morality (e.g. is not obscene or insulting) and will not be against the law; (d) any email address you provide to us is a working email address; (e) the use of the domain will not infringe any third party’s rights or breach any applicable laws or regulations, including the provision on non-discrimination on the basis of race, language, sex, religion or political views; and (f) the use of the domain is NOT (a) in bad faith or (b) for an illegal purpose.
6. If any of these conditions in paragraph (e) immediately above are not fulfilled or if any of the prerequisites cease to be fulfilled at a later point in time, Registry may refuse to delegate the domain or revoke a delegation to you.
APPENDIX ‘BK’
.NYC SPECIFIC CONDITIONS –
Should you seek to register a .NYC TLD from The City of New York (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .NYC domain registrations.
1. You agree to the .NYC Acceptable Use Policy, available at http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php, which is hereby incorporated into this Registration Agreement by reference.
2. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry Operator has monitoring responsibility.
3. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry Operator, including without limitation the following Registry Policies:
(1) .NYC Nexus Policy mentioned at http://www.ownit.nyc/policies/nyc_nexus_policy.php;
(2) .NYC Acceptable Use Policy mentioned at http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php;
(3) .NYC Proxy Registration Policy mentioned at http://www.ownit.nyc/policies/nyc_proxy_registration_policy.php; and
(4) .NYC Web Site Privacy Policy mentioned at http://www.ownit.nyc/policies/nyc_web_site_privacy_policy.php.
4. You agree that you are in compliance with all relevant Federal, New York State and New York City laws, including the tax requirements for conducting business via the Internet. Registrants may find more information about compliance with the City tax laws at the City of New York Department of Finance’s website (currently at www.nyc.gov/finance).
5. The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(1) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(2) The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
(3) The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
6. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
APPENDIX ‘BL’
MINDS + MACHINES GROUP LIMITED SPECIFIC CONDITIONS
Should you seek to register a .ABOGADO, .BEER, .CASA, .COOKING, .COUNTRY, .FASHION, .FISHING, .HORSE, .LAW, .RODEO, .SURF, .VODKA, .WORK, .YOGA, .WEDDING, .GARDEN or .FIT domain name Minds +Machines Group Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all domain registrations from Registry.
1. You acknowledge and agree that the Registry reserves the right to deny, cancel, block or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); (b) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration; (c) if required by a URS, UDRP, CRS proceeding; (d) for the non-payment of fees to the Registry; or (e) in the event a domain is registered in contravention of the Registry’s eligibility requirements.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
3. You agree to the terms of the Registry’s Registrant Agreement, which are incorporated into this Registration Agreement and can be found at http://mm-registry.com/wp-content/uploads/2014/05/Sample-Registrant-Agreement.pdf.
4. You agree to submit to the Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), and the Inter-Registrar Transfer Policy, each in their most recent form and each as may be amended from time to time.
5. You acknowledge and agree the Registry may reserve names from registration and/or release such names at any time.
6. You agree to comply with any ICANN standards, policies, procedures, and practices for which the Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
7. For the .LAW and .ABOGADO TLDs, you acknowledge and agree .LAW and .ABOGADO is a limited-registration TLD. Registrations are restricted to legal professionals (e.g., lawyers, barristers, solicitors, law firms, and other practitioners of law) appropriately licensed to practice law by a recognized accredited body or authorized government authority. Following your application there will be a waiting period during which your eligibility will be confirmed. If registration is declined due to lack of eligibility, the registration fee will be returned. The verification fee, however, is non-refundable. Registrants are cautioned to ensure their eligibility prior to applying.
APPENDIX ‘BM’
ZA CENTRAL REGISTRY SPECIFIC CONDITIONS –
Should you seek to register a .CAPETOWN, .DURBAN, or a .JOBURG TLD (“Registry TLDs”) from ZA Central Registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CAPETOWN, .DURBAN, and .JOBURG domain registrations. You agree the terms of the Registry’s Registrant Agreement Mandatory Terms (available at https://www.registry.net.za/downloads/u/Registrant_Agreement_Mandatory_Terms_v004.pdf) are hereby incorporated by reference and made an integral part of this Registration Agreement.
APPENDIX ‘BN’
DOTMARKETS REGISTRY LIMITED SPECIFIC CONDITIONS –
Should you seek to register a .MARKETS TLD (“Registry TLD”) from DotMarkets Registry Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MARKETS domain registrations.
1. You understand and agree to comply with all ICANN standards, policies, procedures and practices.
2. You agree to comply with the provisions of the Registry’s Policies (available at http://nic.markets/home/policies/), including the Acceptable Use and Anti-Abuse Policy (available at http://1q0xao8yfd12c0pupuavmn3d.wpengine.netdna-cdn.com/wp-content/uploads/2015/05/Acceptable-Use-and-Anti-Abuse-Policy-April-2015.pdf).
3. You represent that you hold the appropriate applicable credentials to conduct activities in the applicable market, and you agree to report any changes to these credentials.
4. You agree to comply with the appropriate regulations and licensing requirements required to conduct activities in the best interest of your customers.
5. You agree to provide, and keep up-to-date contact information for the relevant regulatory, or industry self-regulatory, bodies in your main place of business.
6. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
7. You agree that in the event of a transfer of a domain name, we retain the right to withhold registration of the transfer pending confirmation of the transferee’s credentials.
8. You agree to indemnify, defend and hold harmless the Registry, resellers and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents, within 30 days of Registry’s demand, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal and administrative fees and expenses (including on appeal), arising out of or relating in any way to your domain name registration. These obligations shall survive the termination or expiration of this Registration Agreement.
APPENDIX ‘BO’
NOMINET UK SPECIFIC CONDITIONS –
Should you seek to register a .CYMRU or .WALES TLD (“Registry TLDs”) from Nominet UK (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CYMRU and .WALES domain registrations.
1. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
2. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
3. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, ad employees; (d) per the terms of the registration agreement or (e) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during the resolution of a dispute.
4. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry. Registry operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon ninety (90) days’ notice by Registry to Registrar, save that Registry may amend or introduce such operation standards, policies, procedures and practices for the Registry TLD upon 30 days’ notice, in the event of an emergency or where it is necessary to make such changes due to the imposition of a new or altered requirement by ICANN. If there is a discrepancy between the terms of this Domain Registration Agreement and the Registry-Registrar Agreement (available at http://registrars.nominet.org.uk/namespace/cymru-wales/registry-registrar-agreement/rra-document), the terms of the Registry-Registrar Agreement shall apply to any and all Registry TLD registrations.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the RPMs and the dispute resolution procedures relating thereto, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the RPMs and the dispute resolution procedures relating thereto, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, and (2) the results of any dispute over a sunrise registration.
APPENDIX ‘BP’
.FRL SPECIFIC CONDITIONS –
Should you seek to register a .FRL TLD (“Registry TLD”) from FRLregistry BV (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .FRL domain registrations.
1. You agree to comply with the applicable TLD policies (available at http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
2. You acknowledge and agree that Registry shall be entitled to reject a request for registration or suspend, revoke, or delete a domain name in its discretion: (a) if and when the Registry does not hold complete and accurate information as described in the respective Registry TLD policies, or the domain name is not in compliance with any other provision of such Registry TLD policies; (b) to protect the integrity and stability of the shared registry system, and/or the operation and/or management of the Registry TLD; (c) in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority, and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes, and/or any other applicable laws, regulations, policies or decrees; (d) to avoid any liability on behalf of the Registry, including its respective affiliates, directors, officers, employees, subcontractors and/or agents.
3. You agree and warrant that the application for the domain name has been made and will continue to be in good faith, for a lawful purpose; that the domain name does not infringe the rights of any third party; and that you will not use the TLD for any unlawful or defamatory purposes, or contrary to public order or morality.
4. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
e. You agree to participate in good faith in any proceeding described in the applicable TLD policies (available at http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
APPENDIX ‘BQ’
.AMSTERDAM SPECIFIC CONDITIONS –
Should you seek to register a .AMSTERDAM TLD (“Registry TLD”) from dotAmsterdam BVBV (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .AMSTERDAM domain registrations.
1. You agree to comply with the applicable TLD policies (available at http://nic.amsterdam/).
2. You acknowledge and agree that Registry shall be entitled to reject a request for registration or suspend, revoke, or delete a domain name in its discretion: (a) if and when the Registry does not hold complete and accurate information as described in the respective Registry TLD policies, or the domain name is not in compliance with any other provision of such Registry TLD policies; (b) to protect the integrity and stability of the shared registry system, and/or the operation and/or management of the Registry TLD; (c) in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority, and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes, and/or any other applicable laws, regulations, policies or decrees; (d) to avoid any liability on behalf of the Registry, including its respective affiliates, directors, officers, employees, subcontractors and/or agents.
3. You agree and warrant that the application for the domain name has been made and will continue to be in good faith, for a lawful purpose; that the domain name does not infringe the rights of any third party; and that you will not use the TLD for any unlawful or defamatory purposes, or contrary to public order or morality.
4. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
e. You agree to participate in good faith in any proceeding described in the applicable TLD policies (available at http://nic.amsterdam/).
APPENDIX ‘BR’
ICM REGISTRY PN LLC SPECIFIC CONDITIONS –
Should you seek to register a .ADULT, .PORN or .SEX TLD (“Registry TLD”) from ICM Registry PN LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .ADULT, .PORN and .SEX domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.
2. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
3. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to protect the integrity and stability of the registry system; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (d) per the terms of the Registry-Registrant Agreement (available at http://www.icmregistry.com/about/policies/registry-registrant-agreement/) (e) for violations of this registration agreement; (f) for the non-payment of fees by Registrar; or (g) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
4. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, (b) refunds or credits from the Registry for any errors or mistakes caused by the Registrar, and (c) the results of any dispute over a sunrise registration.
6. You agree to be bound by the policies, procedures and practices for the Registry’s Limited Registration periods.
7. You agree to comply with the public interest commitments as set forth in Specification 11 in the Registry Agreement (available at https://www.icann.org/resources/agreement/adult-2014-10-16-en for .ADULT, at https://www.icann.org/resources/agreement/porn-2014-10-16-en for .PORN and at https://www.icann.org/resources/agreement/sex-2014-11-13-en for .SEX), and Government Advisory Committee safeguards as published or provided to the Registrar by the Registry.
8. You understand and agree Registry Operator may label your site, or any site to which the domain name redirects irrespective of the top-level domain, for child protection purposes.
APPENDIX ‘BS’
JIANGSU BANGNING SCIENCE & TECHNOLOGY CO., LTD. SPECIFIC CONDITIONS –
Should you seek to register a .TOP TLD (“Registry TLD”) from Jiangsu Bangning Science & Technology Co., Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .TOP domain registrations.
1. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLDs established from time to time by the Registry.
3. You agree to comply with all Registry policies (available at http://www.nic.top/en/policy.asp) and agree that the Registry policies are incorporated into this Registration Agreement.
APPENDIX ‘BT’
DOT-IRISH LLC SPECIFIC CONDITIONS –
Should you seek to register a .IRISH TLD (“Registry TLD”) from Dot-Irish LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .IRISH domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.
2. You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.
3. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the Registration Agreement; (e) for the non-payment of fees by Registrar, or (f) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
4. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without any sunrise period, limited registration period, or landrush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, and (b) the results of any dispute over a sunrise registration.
APPENDIX ‘BU’
MONOLITH REGISTRY LLC SPECIFIC CONDITIONS –
Should you seek to register a .VOTE or a .VOTO TLD (“Registry TLDs”) from Monolith Registry LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .VOTE and .VOTO domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time by the Registry.
2. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
3. You agree that the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to protect the integrity and stability of the registry system; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (d) per the terms of this registration agreement; (e) for the non-payment of fees by Registrar; or (f) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
4. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, and (b) the results of any dispute over a sunrise registration.
5. You agree to comply with the public interest commitments as set forth in Specification 11 in the Registry Agreement (available at https://www.icann.org/resources/agreement/vote-2013-11-21-en for .VOTE and at https://www.icann.org/resources/agreement/voto-2013-11-21-en for .VOTO), community registration policies as set forth in Specification 12 in the Registry Agreement (available at https://www.icann.org/resources/agreement/vote-2013-11-21-en for .VOTE and at https://www.icann.org/resources/agreement/voto-2013-11-21-en for .VOTO) and Government Advisory Committee safeguards as published or provided to the Registrar by the Registry.
APPENDIX ‘BV’
INTERNATIONAL DOMAIN REGISTRY PTY LTD SPECIFIC CONDITIONS –
Should you seek to register a شبكة. (“.SHABAKA”) (“Registry TLD”) from the International Domain Registry Pty Ltd (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .SHABAKA domain registrations.
1. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
2. You agree to comply with all ICANN rights protection mechanisms (available at http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en), and to submit to any proceedings brought in accordance with ICANN rights protection mechanisms.
3. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
4. You agree to comply with the Registry’s published policies (available at http://www.dotshabaka.com/policies-en.php).
5. You represent you have the authority to enter into the registration agreement.
6. You agree and understand that the application for a domain name may not result in the domain name being registered to you.
7. You agree and understand certain domain names may not be available.
8. You agree that the Registry may reserve certain domain names.
9. You agree that during certain periods, multiple applications for the same domain name may be accepted, that those applications will be subject to allocation procedures established by the Registry, and that you will pay the applicable fees for the allocation procedure.
10. You agree the Registry may prevent a domain registration, or cancel, lock, place on hold, transfer or delete any domain name it deems necessary in its sole discretion.
11. You agree to the price for the domain name and additional services displayed on our website.
12. You agree that the price for registration of the domain name and the price for renewal of the domain name may be different.
13. You agree that no refund will be offered for your failure to review or understand the fees.
14. You agree the Registry or its service providers may contact you in relation to your domain name.
15. You agree that your failure to provide sufficient information to verify your domain registration may result in the rejection of your domain registration application.
16. You must ensure that neither the registration of the domain, nor the manner in which it is directly or indirectly used infringes the intellectual property rights of any third party.
APPENDIX ‘BW’
BESTTLD PTY LTD. SPECIFIC CONDITIONS –
Should you seek to register a .BEST TLD (“Registry TLD”) from BESTTLD Pty Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .BEST domain registrations.
1. You agree to comply with the Registrant Agreement (available at http://aboutus.best/registrantagreement/) and Registry Policies (available at http://aboutus.best/overview.html), operational standards, policies, procedures and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
2. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), or any other dispute resolution mechanism imposed by ICANN and/or organized by Registry (available at http://aboutus.best/overview.html).
3. You are obliged and required to ensure that your use of a domain name in the Registry TLD is at all times lawful and in accordance with the requirements of the Registry Polices and applicable laws and regulations, including those of the Registrant’s country of residence and ICANN Consensus Policies, including but not limited to those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, disclosure of data, and financial disclosures.
4. If you collect and maintain sensitive health and financial data using a Registry TLD registration, you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law. Where applicable, you represent that you possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Registry TLD; material changes to the validity of such credentials must be reported to the Registry.
5. You must comply with any ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘BX’
NATIONAL INTERNET EXCHANGE OF INDIA SPECIFIC CONDITIONS –
Should you seek to register an IDN TLD such as .भारत, .ভারত, .భారత్, .ભારત, .بھارت, .இந்தியா, and .ਭਾਰਤ (“Registry TLD”) from the National Internet Exchange of India (“Registry”), you must agree to be bound by the Registry Terms and Conditions for Registrants (available at https://www.registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_2.pdf). In the event that a term in the Registry Terms and Conditions conflicts with the Registration Agreement, the terms of the Registry Terms and Conditions shall apply to any and all IDN TLD domain registrations from Registry.
APPENDIX ‘BY’
.KIWI SPECIFIC CONDITIONS –
Should you seek to register a .KIWI top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .KIWI domain registrations.
1. You acknowledge and agree that Dot Kiwi Limited (“Registry Operator”) reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); (b) to correct mistakes made by Registry Operator or registrar of record in connection with a domain name registration; (c) if required by a URS, UDRP, DRS, or CRS proceeding; or (d) for the non-payment of fees to Registry Operator.
2. You agree to comply with all Registry Operator policies set forth on the Registry Operator’s website at https://hello.kiwi/policies.
3. You agree to submit to the Uniform Domain Name Dispute Resolution Policy (UDRP), Uniform Rapid Suspension (URS), Dispute Resolution Service (DRS), Complaint Resolution Service (CRS), available at https://hello.kiwi/policies, and the Inter-Registrar Transfer Policy, available at http://www.icann.org/en/resources/registrars/transfers/policy, each in their most recent form and each as may be amended from time to time.
APPENDIX ‘BZ’
.ONE SPECIFIC CONDITIONS –
Should you seek to register a .ONE TLD (“Registry TLD”) from One Registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .ONE domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.
2. You acknowledge and agree the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration.
3. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
4. You agree to immediately correct and update the registration information for the domain name during the registration term for, including personal data associated therewith.
APPENDIX ‘CA’
.CEO SPECIFIC CONDITIONS –
Should you seek to register a .CEO TLD (“Registry TLD”) from CEOTLD Pty Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CEO domain registrations.
1. You agree to comply with any ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.
3. You agree to comply with the Registry’s policies, including the Registrant Agreement, (available at https://drive.google.com/folderview?id=0B_Dl_papOCW3ZU14cTQtUVYtWW8&usp=sharing), operational standards, policies, procedures and practices for the Registry TLD established by Registry.
4. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs); (b) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration; (c) if required by a URS, UDRP, CRS proceeding; or (d) for the non-payment of fees to the Registry.
5. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), or any other dispute resolution mechanism imposed by ICANN and/or organized by Registry, and the Inter-Registrar Transfer Policy (IRTP).
APPENDIX ‘CB’
TLD REGISTRY LTD. SPECIFIC CONDITIONS –
Should you seek to register a .在线 or .ä¸æ–‡ç½‘ TLD (dot Chinese Online and dot Chinese Website, respectively) (“Registry TLDs”) from TLD Registry Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .在线 or .ä¸æ–‡ç½‘ domain registrations.
1. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time.
2. You agree to immediately correct and update the registration information for the domain name during the registration term, including personal data associated therewith.
3. You acknowledge and agree the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. The Registry also reserves the right to lock a domain name during the resolution of a dispute.
4. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
5. You agree the Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including without limitation the ability or inability to obtain a domain name or the results of any dispute over a sunrise registration.
APPENDIX ‘CC’
.SKI SPECIFIC CONDITIONS –
Should you seek to register a .SKI TLD (“Registry TLD”) from Starting Dot Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .SKI domain registrations.
1. You acknowledge and agree that the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the Registration Agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
3. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension (“URS”), or any other dispute resolution mechanism imposed by ICANN and/or organized by Registry, available at http://www.dot-ski.com/.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term for, including personal data associated therewith.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a sunrise registration.
6. You acknowledge that you have received all Registry Policies, including those found in this Registration Agreement, the .BIO Domain Name Policy available at https://www.startingdot.com/dnp/ski/, and other Registry Policies available at https://www.startingdot.com/policies/.
7. You must comply with any ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘CD’
I-REGISTRY LTD. SPECIFIC CONDITIONS –
Should you seek to register a .RICH or a .ONL TLD (“Registry TLD”) from I-Registry Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .RICH and .ONL domain registrations.
1. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
2. You acknowledge and agree that Registry reserves the right to change the status of the domain name during the resolution of a dispute or a compliance audit procedure (e.g. put on hold, lock), as well as to deny, cancel, modify or transfer any registration as it deems necessary, in its unlimited and sole discretion to: (a) protect the integrity, security and stability of the registry system; (b) comply with all appropriate laws, government rules or relevant authority, or in compliance with any dispute resolution process; (c) avoid any liability of Registry, its affiliates, shareholders, subsidiaries, officers, directors, and employees; stop or prevent any violations of any terms and conditions of this Registration Agreement; (d) correct mistakes made by Registry, Registry service providers, or any registrar in relation to a Domain Name registration; and (e) ensure compliance with ICANN and/or Registry policies.
3. You, as the Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
a. The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
b. The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
c. The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
4. You agree to comply with all Registry policies, including those available at http://www.i-registry.com/policies.htm, including the Anti-Abuse policies and Terms of Service, if any, as they may be instituted. You further agree that the German versions of the policies govern and the English versions are provided for convenience only.
5. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these registration terms. You acknowledge and agree that the Registry’s third party beneficiary rights have vested, and shall survive any termination or expiration of your registration or reservation.
6. You agree the Registry is entitled at any time during the term of this Registration Agreement to verify the accuracy and completeness of any information provided.
7. You agree you are fully responsible for the registration and use of the registered domain name.
8. You agree that if you use a proxy, privacy, and/or third-party service provider to register a domain name on your behalf, the proxy, privacy and/or third-party service provider will be deemed to be the domain registrant and any actions and/or inactions that are in violation of any applicable policies, rules, procedures, terms, conditions, regulations and/or applicable law are the responsibility of the registrant.
APPENDIX ‘CE’
.TIROL SPECIFIC CONDITIONS –
Should you seek to register a .TIROL TLD (“Registry TLD”) from punkt Tirol GMbH (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .TIROL domain registrations.
1. You agree to be bound by the terms and conditions of the Registry policies (available at http://www.nic.tirol/).
2. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to protect the integrity and stability of the registry system; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to comply with applicable ICANN rules or regulations; (d) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (e) per the terms of the registry agreement (available at https://www.icann.org/resources/agreement/tirol-2014-04-24-en) (f) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
3. You agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for the suspension of a domain name pursuant to claims made by intellectual property right holders, Internet engineering and security experts, or other competent claimants for the purpose of upholding the stability, security, and integrity of the Registry.
4. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, (b) the results of any dispute over a sunrise registration.
APPENDIX ‘CF’
.JETZT SPECIFIC CONDITIONS –
Should you seek to register a .JETZT TLD (“Registry TLD”) from New TLD Company AB (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .JETZT domain registrations.
1. You agree that the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to protect the integrity and stability of the registry system; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (d) for violations of this Registration Agreement; or (e) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
2. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.
4. You acknowledge having read and understood, and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated by reference and made an integral part of this Registration Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy (available at http://www.icann.org/en/help/dndr/udrp/policy); and
(ii) The Uniform Rapid Suspension policy (available at https://www.icann.org/resources/pages/urs-2014-01-09-en).
The UDRP and URS set forth the terms and conditions in connection with a dispute between a Registered Name Holder and any party other than the Registry or registrar of record over the registration and use of a domain name registered by Registered Name Holder.
5. You certify that:
(i) the data provided in the domain name registration application is true, correct, and complete;
(ii) you will keep the Registration Information up to date; and
(iii) you consent to the collection and use of your personal data per the Registry’s Privacy Policy (available at http://www.newtldcompany.com/media/Jetzt_Privacy-Policy.pdf).
APPENDIX ‘CG’
DNS BELGIUM VZW SPECIFIC CONDITIONS –
Should you seek to register a .BRUSSELS or .VLAANDEREN TLD (“Registry TLD”) from DNS Belgium vzw (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .BRUSSELS and .VLAANDEREN domain registrations.
1. You agree to comply with the Registry TLD policies (available at http://dnsbelgium.be/).
2. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) if and when the Registry does not hold complete and accurate information as described in the respective Registry TLD policies, or is not in compliance with any other provision of such TLD Policies; (b) to protect the integrity and stability of the shared registry system, and/or the operation and/or management of one or more TLDs; (c) in order to comply with applicable laws and regulations, and/or any decision by a competent court of administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; (d) to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or (e) following the outcome of a Sunrise Reconsideration Proceeding (as defined in the respective TLD Policies).
APPENDIX ‘CH’
.COURSES and .STUDY SPECIFIC CONDITIONS –
Should you seek to register a .COURSES or .STUDY TLD (“Registry TLD”) from the Open Universities Australia Pty. Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .COURSES and .STUDY domain registrations.
1. You agree that Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the Registry System; (b) to comply with its obligations as a Registry Operator; (c) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution policies or process; (d) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and subcontractors; (e) to ensure compliance with Registry policies; (f) to stop or prevent any violations of any terms and conditions of the Registration Agreement; (g) for the non-payment to the Registry Operator of any fee; or (h) to correct mistakes made by the Registry Operator or any Registrar or any of its service provide in connection with an application or a domain name.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry, including the registration policies (available at http://nic.courses/ for .COURSES and at http://nic.study/ for .STUDY).
3. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
4. You agree to comply with all ICANN standards, policies, procedures and practices.
5. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
6. You represent and warrant you have the authority to enter into this Registration Agreement.
7. You agree that your application may not result in a domain name registration, that some domain names are unavailable.
8. You agree that some domain names will be subject to the Registry’s special allocation procedure and that such domain names may require payment of additional fees.
9. You agree to pay all fees associated with the application for your domain name and that no refund will be available for your failure to understand the fees.
10. You agree you may be contacted by the Registry or its service providers in relation to your domain name registration.
11. You agree that your failure to provide adequate information to verify your domain name registration application may result in your application being cancelled.
APPENDIX ‘CI’
.FILM SPECIFIC CONDITIONS –
Should you seek to register a .FILM TLD (“Registry TLD”) from the Motion Picture Domain Registry Pty. Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .FILM domain registrations.
1. You agree that Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the Registry System; (b) to comply with its obligations as a Registry Operator; (c) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution policies or process; (d) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and subcontractors; (e) to ensure compliance with Registry policies; (f) to stop or prevent any violations of any terms and conditions of the Registration Agreement; (g) for the non-payment to the Registry Operator of any fee; or (h) to correct mistakes made by the Registry Operator or any Registrar or any of its service providers in connection with an application or a domain name.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry, including the registration policies (available at http://go.film/policies/).
3. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
4. You agree to comply with all ICANN standards, policies, procedures and practices.
5. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
6. You represent and warrant you have the authority to enter into this Registration Agreement.
7. You agree that your application may not result in a domain name registration, that some domain names are unavailable.
8. You agree that some domain names will be subject to the Registry’s special allocation procedure and that such domain names may require payment of additional fees.
9. You agree to pay all fees associated with the application for your domain name and that no refund will be available for your failure to understand the fees.
10. You agree you may be contacted by the Registry or its service providers in relation to your domain name registration.
11. You agree that your failure to provide adequate information to verify your domain name registration application may result in your application being cancelled.
APPENDIX ‘CJ’
.LTDA and .SLR SPECIFIC CONDITIONS –
Should you seek to register a .LTDA or .SLR TLD (“Registry TLD”) from InterNetX Corp. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .LTDA or .SLR domain registrations.
1. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
2. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.
3. You represent you possess any necessary authorizations, charters, licenses, and/or other related credentials for participation in the sector associated with this TLD.
4. You agree to comply with all applicable laws including those that relate to privacy, data collection, organic farming, disclosure of data and financial regulations.
5. You agree to provide, and report any changes to, contact information for the relevant regulatory, or industry self-regulatory, bodies in your main place of business. This information may be submitted to [email protected].
6. You acknowledge and agree that if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
7. You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
8. You agree to comply with the Registry’s Acceptable Use Policy and Eligibility Policy (each available at https://www.internetx.info/).
9. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (a) to protect the integrity and stability of the registry system; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (d) per the terms of the registration agreement; (e) for the non-payment of fees by Registrar; (f) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
10. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, limited registration period or land rush period and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a registered name during these periods, (b) the results of any dispute over a sunrise registration.
APPENDIX ‘CK’
.BAYERN SPECIFIC CONDITIONS –
Should you seek to register a .BAYERN TLD (“Registry TLD”) from Bayern Connect GmbH (Ltd.) (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .BAYERN domain registrations.
1. You agree the Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs); (b) to correct mistakes made by the Registry or any registrar in connection with a domain name registration; (c) if required by a URS or UDRP, proceeding; (d) under the terms of the Registry Policies; or (e) for the non-payment of fees to the Registry.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry, and further to acknowledge the Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation: (a) the ability or inability of a registrant to obtain a registration during these periods, and (b) the results of any dispute resolution process regarding a registration.
3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term.
5. You agree that Registry is entitled to verify (a) the truth, accuracy and completeness of any information provided by the Registered Name Holder; and (b) the compliance of the Registered Name Holder with the Registry’s Policies.
6. You agree to submit to the Uniform Domain Name Dispute Resolution Policy (https://www.icann.org/resources/pages/help/dndr/udrp-en), Uniform Rapid Suspension (http://newgtlds.icann.org/en/applicants/urs), the Inter-Registrar Transfer Policy (http://www.icann.org/en/resources/registrars/transfers/policy), and the Registry’s Registry Policies (http://nic.bayern/die-bayern-domain-en-gb/guidelines/) each in their most recent form and each as may be amended from time to time.
7. You agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.
8. You agree that neither the registration of the domain, nor the manner in which it is used, infringes the legal rights of any third party or violates any applicable law or regulation.
9. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
10. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
APPENDIX ‘CL’
.BIO SPECIFIC CONDITIONS –
Should you seek to register a .BIO TLD (“Registry TLD”) from Starting Dot Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .BIO domain registrations.
1. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the Registration Agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
3. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension (“URS”), or any other dispute resolution mechanism imposed by ICANN and/or organized by Registry, available at http://www.domains.bio/landing/.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term for, including personal data associated therewith.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a sunrise registration.
6. You acknowledge that you have received all Registry Policies, including those found in this Registration Agreement, the .BIO Domain Name Policy available at https://www.startingdot.com/dnp/bio/, and other Registry Policies available at https://www.startingdot.com/policies/.
7. You must comply with any ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘CM’
.ARCHI SPECIFIC CONDITIONS –
Should you seek to register a .ARCHI TLD (“Registry TLD”) from Starting Dot Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .ARCHI domain registrations.
1. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement or (e) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You must comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and Registry’s Registry Agreement with ICANN.
3. You agree to submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), the Uniform Rapid Suspension (“URS”), or any other dispute resolution mechanism imposed by ICANN and/or organized by Registry, available at http://dot-archi.com/.
4. You agree to immediately correct and update the Registration Information for the domain name during the registration term for, including personal data associated therewith.
5. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a sunrise registration.
6. You acknowledge that you have received all Registry Policies, including those found in this Registration Agreement, the .ARCHI Domain Name Policy available at https://www.startingdot.com/dnp/archi/, and other Registry Policies available at https://www.startingdot.com/policies/.
7. You must comply with any ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘CN’
.MELBOURNE and .SYDNEY SPECIFIC CONDITIONS –
Should you seek to register a .MELBOURNE or .SYDNEY TLD (“Registry TLD”) from the State of Victoria or the State of New South Wales, respectively (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .MELBOURNE and .SYDNEY domain registrations.
1. You agree that Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the Registry System; (b) to comply with its obligations as a Registry Operator; (c) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution policies or process; (d) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, employees and subcontractors; (e) to ensure compliance with Registry policies; (f) to stop or prevent any violations of any terms and conditions of the Registration Agreement; (g) for the non-payment to the Registry Operator of any fee; or (h) to correct mistakes made by the Registry Operator or any Registrar or any of its service providers in connection with an application or a domain name.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry, including the registration policies (available at http://nic.melbourne/policies/ for .MELBOURNE and at http://nic.sydney/policies/ for .SYDNEY).
3. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
4. You agree to comply with all ICANN standards, policies, procedures and practices.
5. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
6. You represent and warrant you have the authority to enter into this Registration Agreement.
7. You agree that your application may not result in a domain name registration, that some domain names are unavailable.
8. You agree that some domain names will be subject to the Registry’s special allocation procedure and that such domain names may require payment of additional fees.
9. You agree to pay all fees associated with the application for your domain name and that no refund will be available for your failure to understand the fees.
10. You agree you may be contacted by the Registry or its service providers in relation to your domain name registration.
11. You agree that your failure to provide adequate information to verify your domain name registration application may result in your application being cancelled.
APPENDIX ‘CO’
.CLOUD SPECIFIC CONDITIONS –
Should you seek to register a .CLOUD (“Registry TLD”) from Aruba PEC SpA (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .CLOUD.
1. You agree that Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to protect the integrity and stability of the Registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement; (e) to correct mistakes made by Registry or any registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period or landrush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse, and any sunrise dispute resolution policy. You further agree the Registry has no liability resulting from the proceedings, or for the ability or inability of a registrant to obtain a domain name or the results of any dispute over a sunrise registration.
3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry, including the policies available on the Registry’s website (available at https://nic.cloud/policies.aspx).
4. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
5. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
APPENDIX ‘CP’
.CO.COM SPECIFIC CONDITIONS –
Should you seek to register a .CO.COM SLD (“Registry SLD”) from co.com LLC (“Registry”), you must agree to comply with the Registry’s co.com Registrant Terms and Conditions (available at https://registry.co.com/policy/registrant-terms-conditions/). In the event that a term in the co.com Registrant Terms and Conditions conflicts with the Registration Agreement, the terms of the co.com Registrant Terms and Conditions shall apply to any and all .CO.COM domain registrations.
APPENDIX ‘CQ’
.JOBS SPECIFIC CONDITIONS –
Should you seek to register a .JOBS (“Registry TLD”) from Employ Media LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .JOBS domain registrations.
1. You represent and warrant that you comply with (a) the registrant eligibility requirements, including the qualifications and use restrictions set Registry-Registrant agreement, available at http://nic.jobs/reg.agreement.asp.
2. You agree to comply with the terms of the Registry-Registrant agreement, available at http://nic.jobs/reg.agreement.asp.
3. You agree the Registry in its sole discretion may revoke, cancel, deny, transfer, suspend, terminator or otherwise modify your rights regarding a registered domain without any notice in the event of non-compliance with any Registry or Registry policy or agreement.
4. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.
5. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
6. You agree to comply with all Registry and Registrar requirements and protocols to exchange domain registration information.
7. You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of this agreement with a right to enforce the terms and provisions contained within the agreement.
APPENDIX ‘CR’
TOP LEVEL DESIGN LLC Registry SPECIFIC CONDITIONS –
Should you seek to register a TLD from Top Level Design LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .WIKI, .INK, .DESIGN domain registrations.
1. You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion:
(1) to protect the integrity and stability of the registry system;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders;
(4) per the terms of the Registry-Registrant Agreement (available here)
(5) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation:
(1) the ability or inability of a registrant to obtain a registered name during these periods,
(2) the results of any dispute over a sunrise registration.
3. You agree to comply with the operational standards, policies, procedures and practices as established by the Registry, including without limitation the Registry’s service provider policies, available at https://www.centralnic.com/support/terms/domains, and the Registry’s policies, available at http://toplevel.design/policy/.
4. You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
5. You understand and agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.
6. You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
7. You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
APPENDIX ‘CS’
Should you seek to register a .BOATS, .HOMES and .YACHTS gTLD from Dominion Registries (“Registry”), you must agree to be bound by the following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Dominion Registries.
1. You agree to be bound by the terms of the Registry’s policies, including the Registration Policy (for .BOATS (http://domains.boats/Policies), for .HOMES (http://domains.homes/Policies)
and for .YACHTS (http://domains.yachts/Policies)).
2. You agree you satisfy the eligibility requirements for the TLD as specified in the Registration Policy (for .BOATS (http://domains.boats/Policies), for .HOMES
(http://domains.homes/Policies) and for .YACHTS (http://domains.yachts/Policies)) for the respective TLD.
3. You agree your domain name may not be allocated until the Registry determines you satisfy the eligibility requirements.
4. You agree to comply with ICANN standards, policies, procedures, and practices for which Registry has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
APPENDIX ‘CT’
Should you seek to register a .PHYSIO TLD (“Registry TLD) from Phys Biz Pty Ltd (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .PHYSIO domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices which are:
(1) published on the Registry’s website (http://www.registrydotphysio.com/), including without limitation the Anti-Abuse Policy (http://nic.physio/data/nic.physio/Acceptable%20Use%20Policy.pdf);
(2) required by the .physio Registry Agreement (https://www.icann.org/resources/agreement/physio-2014-05-01-en); and
(3) established from time to time by the Registry in a non-arbitrary manner, consistent with the Registry Agreement and ICANN’s standards, policies, procedures and practices.
2. You acknowledge and agree the Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status as it deems necessary, in its unlimited and sole discretion:
(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g. RFCs);
(2) to correct mistakes made by the Registry or any registrar in connection with a domain name registration;
(3) if required by a URS or UDRP, proceeding;
(4) under the terms of the Registry Policies; and
(5) for the non-payment of fees to the Registry.
3. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
4. You warrant that you satisfy all the registration requirements to hold a registered name in the Registry TLD, including, but not limited to the requirements identified in the Registry’s policies (http://www.registrydotphysio.com/).
5. You agree that if you make a sunrise application, participate in a sunrise auction, make a Limited Registration Period application, or participate in a Limited Registration Period auction, you will purchase the domain if it is allocated to you. More information about the Limited Registration Period can be found under the Launch section of the Registry’s website http://www.registrydotphysio.com/).
6. If you submitted a sunrise application, you agree to submit to any proceedings initiated under the Sunrise Dispute Resolution Policy (http://nic.physio/data/nic.physio/Sunrise%20Dispute%20Resolution%20Policy.pdf).
7. You agree the landrush and sunrise application fees are non-refundable.
8. You agree that whois privacy may only be used by private individuals using the domain name for non-commercial purposes.
9. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
10. You agree that if you collect and maintain sensitive health and/or financial data to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
APPENDIX ‘CU’
Should you seek to register a .TUBE TLD (“Registry TLD”) from Latin American Telecom, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .TUBE domain registrations.
1. You agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion;
(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs),
(2) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or
(3) for the non-payment of fees to Registry.
2. You agree to comply with all applicable ICANN policies and Registry policies for resolution of disputes concerning domain names.
3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry.
4. You agree to comply with Registry’s Acceptable Use policies, and Terms of Service, as they may be instituted or updated from time to time and published on the Registry website (http://www.nic.tube/).
5. The Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(1) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(2) The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
(3) The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
APPENDIX ‘CV’
Should you seek to register a .BR TLD (“Registry TLD”) from The Brazilian Network Information Center (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .BR domain registrations.
1. You agree to comply with all operational standards, policies, procedures and practices for the Registry.
2. You acknowledge and agree that domain names in the Registry TLD are provided “as is”, “with all faults” and “as available.” The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
3. You agree to comply with the rules of the CGI.br Resolution 002/2005 and its annex.
APPENDIX ‘CW’
.BROKER, .FOREX and .TRADING SPECIFIC CONDITIONS –
Should you seek to register a .BROKER, .FOREX or .TRADING TLD from DotBroker Registry Limited, DotForex Registry Limited or DotTrading Registry Limited, respectively (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all a .BROKER, .FOREX or .TRADING domain registrations.
1. You agree the Registry is entitled to verify the truth, accuracy and completeness of any information you provide. You further agree to fully comply and cooperate with the Registry with such verification and to furnish all requested documentation.
2. You represent you possess any necessary authorizations, charters, licenses, and/or other related credentials for participation in the sector associated with this TLD.
3. You agree to provide, and report any changes to, contact information for the relevant regulatory, or industry self-regulatory, bodies in your main place of business. This information may be submitted to [email protected].
4. You agree to comply with the appropriate regulations and licensing requirements required to conduct activities in the best interest of your customers.
5. You agree in the event of a transfer, we and Registry have the right to withhold registration of the transfer pending confirmation the transferee has the authorizations, charters, licenses, and/or related credentials.
6. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
7. You agree to comply with all Registry policies (available here http://nic.broker/registry-policies-rra/ for .BROKER, here http://nic.forex/registry-policies-rra/ for .FOREX and here http://nic.trading/registry-policies/ for .TRADING), including the Acceptable Use Policy (available here http://nic.broker/wp-content/uploads/sites/4/2015/09/ANTI-ABUSE-Policy_Broker.pdf for .BROKER, here http://nic.forex/wp-content/uploads/sites/6/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Forex.pdf for .FOREX and here http://nic.trading/wp-content/uploads/sites/3/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Trading-.pdf for .TRADING).
8. You agree not to enter into any settlement or compromise of any indemnifiable claim without Registry’s prior consent, which consent shall not be unreasonably withheld and that this indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
9. You acknowledge and agree that if you collect and maintain sensitive health and financial data you must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable laws, policies and/or regulations.
10. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
11. You agree to comply with all operational standards, policies, procedures and practices for the Registry TLD as established from time to time.
APPENDIX ‘CX’
.EARTH, .MOE and .OSAKA SPECIFIC CONDITIONS –
Should you seek to register a .EARTH, .MOE or .OSAKA TLD (“Registry TLD”) from Interlink Co., LTD (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .EARTH, .MOE and .OSAKA domain registrations.
1. You agree that Registry reserves the right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion:
(1) to protect the integrity and stability of the Registry;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to avoid any liability, civil or criminal, on the part of the Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
(4) per the terms of the registration agreement;
(5) to correct mistakes made by Registry Operator or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
2. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, limited registration period, or land rush
period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry TLD, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, limited registration period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation:
(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(b) the results of any dispute resolution process regarding a registration.
3. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by the Registry, including the registration policies (http://nic.moe/en/legal/).
4. You agree to submit to the Uniform Domain Name Dispute Resolution Policy (http://www.icann.org/en/help/dndr/udrp), Uniform Rapid Suspension (http://newgtlds.icann.org/en/applicants/urs/procedure-01mar13-en.pdf), and the Inter-Registrar Transfer Policy (http://www.icann.org/en/resources/registrars/transfers/policy), each in their most recent form and each as may be amended from time to time.
5. You agree to immediately correct and update the Registration Information for the domain name during the registration term, including personal data associated therewith.
6. You agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
7. You agree that the .EARTH TLD will have non-uniform pricing, such that a registration, renewal, or transfer fee for a domain may differ from other domain names.
APPENDIX ‘CY’
.MX SPECIFIC CONDITIONS –
Should you seek to register a .MX TLD (“Registry TLD”) from Network Information Center Mexico, S.C. (“Registry”), you must agree to be bound by the Registry’s policies, available at https://www.registry.mx/jsf/static_content/domain/policies_first_new.jsf
APPENDIX ‘CZ’
.网站 (xn--5tzm5g) (.WEB (Chinese)) SPECIFIC CONDITIONS
Should you seek to register a .网站 TLD (“Registry TLD”) from Global Website TLD Asia Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .网站 domain registrations.
1. You agree to comply with all ICANN standards, policies, procedures and practices, as may be adopted or amended from time to time, for which the Registry has monitoring responsibility.
2. You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry, and consistent with ICANN’s standards, policies, procedures, and practices and the Registry Agreement. Additional or revised Registry operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days’ notice by Registry to Registrar. If there is a discrepancy between the terms required by the Registry-Registrar Agreement and the terms of this Registration Agreement, the terms of the Registry-Registrar Agreement shall supersede those of this Registration Agreement.
3. You agree to be bound by the public interest commitments (as set forth in Specification 11 to the Registry Agreement, as amended from time to time), community registration policies (if applicable, as set forth in Specification 12 to the Registry Agreement, as amended from time to time), and Government Advisory Committee (“GAC”) safeguards (as set forth in Exhibit B to the Registry-Registrar Agreement or otherwise published or provided to us by Registry from time to time) (all available at https://www.icann.org/resources/agreement/xn--5tzm5g-2014-12-22-en).
4. You consent to the use, copying, distribution, publication, modification and other processing of your’s or Registered Name Holder’s Personal Data by Registry and its designees and agents in a manner consistent with the purposes specified pursuant to this Agreement, consistent with the terms of the Registry-Registrar Agreement.
5. You agree to immediately correct and update the Registration Information for the domain name during the registration term.
6. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation any sunrise period, or land rush period, and the dispute resolution policies and rights protection mechanisms mandated by ICANN or the Registry, and further to acknowledge the Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period, land rush period or other period associated with the initial launch of the Registry TLD, including, without limitation: (a) the ability or inability of a registrant to obtain a registration during these periods, and (b) the results of any dispute resolution process regarding a registration.
7. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion;
(1) to protect the integrity and stability of the registry;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees;
(4) per the terms of this Registration Agreement;
(5) for the non-payment of fees by Registrar, including without limitation pursuant to the terms of any Credit Facility (as defined in Section 4.4) or
(6) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
APPENDIX ‘DA’
.ART SPECIFIC CONDITIONS
Should you seek to register a .ART (“Registry TLD”) from UK Creative Ideas Limited (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .ART domain registrations.
1. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD (including all of the applicable periods defined in the Launch Policy http://nic.art/index.php/policies/) and further acknowledge that, to the extent permitted by Applicable Law, Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to any of the applicable registration periods defined in the Launch Policy (http://nic.art/index.php/policies/), including:
(1) the ability or inability of a registrant to obtain a Registered Name during the periods defined therein, and;
(2) the results of any dispute over registrations that are an identical match to trademarks or service marks listed in the Trademark Clearinghouse.
2. You acknowledge and agree to comply with all ICANN standards, policies, procedures and practices, as may be adopted or amended from time to time, as well as all Registry Policies (http://nic.art/index.php/policies/).
3. You consent to the use, copying, distribution, publication, modification and other processing of your’s or Registered Name Holder’s Personal Data by Registry and its designees and agents in a manner consistent with the Registry Privacy Policies (http://nic.art/index.php/policies/), ICANN policies, and with relevant mandatory local data protection and privacy laws.
4. You consent to submit to proceedings commenced under, and abide by all decisions made by panels in accordance with, ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), Post-Delegation Dispute Resolution Procedures (PDDRP) (https://newgtlds.icann.org/en/program-status/pddrp), and the Uniform Rapid Suspension System (URS).
5. You agree to immediately correct and update the Registration Information for the domain name during the registration term.
6. You will implement reasonable and appropriate security measures commensurate with the offering of any services, as defined by applicable law, rules, policies and/or regulations if you collect and maintain sensitive health or financial data.
7. You have any necessary authorizations, charters, licenses and/or related credentials for any participation in the relevant markets.
8. You will comply with all ICANN requirements, including without limitation Consensus Policies, and all operational standards, policies, procedures and practices for the Registry TLD established from time to time consistent with ICANN requirements.
9. You will comply with all applicable laws, rules, policies and/or regulations, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive content), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
10. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its sole discretion:
(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
(2) to protect the rights and property of Registry and to avoid any potential or actual liability, civil or criminal, on the part of Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, or stockholders;
(3) to protect the integrity and stability of the Registry and the operation of the DNS; and
(4) to comply with all applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process.
11. You consent to the collection and use of your personal data for the provision of services by Registry and consent to being contacted by Registry in accordance with Registry Policies (http://nic.art/index.php/policies/).
12. You agree to comply with the Registry’s Acceptable Use Policy contained in the Registry Policies at http://nic.art/index.php/policies/.
APPENDIX ‘DB’
.CAM SPECIFIC CONDITIONS
Should you seek to register a .ART (“Registry TLD”) from AC Webconnecting Holding BV (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all. ART domain registrations.
1. You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its sole discretion:
(1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
(2) to protect the rights and property of Registry and to avoid any potential or actual liability, civil or criminal, on the part of Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, or stockholders;
(3) to protect the integrity and stability of the Registry and the operation of the DNS; and
(4) to comply with all applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process.
2. You acknowledge and agree to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. This provision shall survive shall survive any termination of this Registration Agreement.
3. You acknowledge and agree to comply with all ICANN standards, policies, procedures and practices, as may be adopted or amended from time to time, as well as all Registry Policies (http://nic.art/index.php/policies/).
4. You acknowledge and agree to consent to the Registry’s Anti-Abuse Policy available at https://nic.cam/static/doc/CAM-Anti-Abuse-Policy-v2.0.pdf.
APPENDIX ‘DC’
.AM, .RADIO.AM, .FM, .RADIO.FM SPECIFIC CONDITIONS
Should you seek to register a . AM, .RADIO.AM, .FM, or .RADIO.FM TLD (“Registry TLD”) from BRS Media Inc. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all. ART domain registrations.
1. You acknowledge and agree that you will comply with the following Registry policies:
(1) https://dot.fm/policy/
(2) http://radio.am/policy/ , and
(3) http://radio.fm/policy/ .
2. You acknowledge and agree to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. This provision shall survive any termination of the Registration Agreement.
APPENDIX ‘DD’
.ECO SPECIFIC CONDITIONS
Should you seek to register a .ECO (“Registry TLD”) from Big Room Inc. (“Registry Operator”), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all. ART domain registrations.
1. You acknowledge and agree to indemnify, defend and hold harmless the Registry Operator and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating to, for any reason whatsoever, the Registered Name Holder’s domain name registration. This provision shall survive shall survive any termination of this Registration Agreement.
2. You acknowledge and agree to comply with all ICANN standards, policies, procedures and practices, as may be adopted or amended from time to time.
3. You agree to be bound by the operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator or Registry Service Provider in a non-arbitrary manner and applicable to all registrars, including affiliates of Registry Operator, and consistent with ICANN’s standards, policies, procedures, and practices and the Registry Agreement.
4. You hereby certify the data provided in the domain name registration process is true, correct, up to date and complete.
5. You consent to the use, copying, distribution, publication, modification and other processing of your’s or the Registered Name Holder’s Personal Data by the Registry Operator and its designees and agents.
6. You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures.
7. If you collect and maintain sensitive health and financial data, you agree to implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
8. You will comply with applicable consumer protection laws and regulations when the Registry TLD (the term “eco”) is used to describe environmental.
9. You submit to proceedings commenced under ICANN’s dispute resolution procedures relating to Rights Protection Mechanisms (“RPMs”), including, without limitation, the obligation to handle payments for renewals or restoration by the complainant in any proceeding in cases where the complainant prevails.
10. You will immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name.
11. You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation, the procedure and process for compliance with ICANN’s RPMs, including the Trademark Clearing House requirements and the Sunrise Dispute Resolution Policy, and further acknowledges that Registry Operator and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the RPMs, the Sunrise and the dispute resolution procedures relating thereto, including, without limitation:
(1) the ability or inability of a registrant to obtain a domain name during these periods; and
(2) the results of any dispute over the outcome of any dispute resolution proceeding.
12. You acknowledge and agree that all .eco domain names will be registered on server hold status pending the Registered Name Holder complying with the minimum requirements to activate a .eco domain:
(1) pledging in their Eco Profile to support positive change for the planet and to be honest when sharing environmental actions; and
(2) affirming in their Eco Profile their eligibility under the Registry Policies.
13. You acknowledge and agree that the Registry Operator itself or through the Registry Service Provider reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name on server hold, registry lock or similar status, that it deems necessary, in its discretion:
(1) to protect the integrity and stability of the registry;
(2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
(3) to avoid any liability, civil or criminal, on the part of the Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
(4) per the terms of the registration agreement;
(5) as part of Verification procedures, in particular that Registered Names will remain on server hold, registry lock or similar status until after the successful completion of the Verification procedures; or
(6) to correct mistakes made by the Registry Operator, the Registry Service Provider or any Registrar in connection with a domain name registration.
14. You acknowledge and agree that Registered Name Holders are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, posting false information, counterfeiting or otherwise engaging in activity contrary to applicable law, and further, that consistent with applicable law and any related procedures, any prohibited activity described herein may result in remedial measures including, but not limited to, the denial, cancellation or transfer of any registration or transaction, the placement of or more registry lock functions on any domain name and the suspension of the domain name.
15. You acknowledge and agree to the .ECO Registry Policies available at https://home.eco/registrars/policies/.
UPDATE 13 JUNE 2012:
This Agreement has been updated and amended the 13th of June 2012 to better incorporate the ICANN policies, specifically:
– a definition for “Registered Name” (17) was added;
– a definition for “Registered Name Holder” and “Registrant” (18) was added;
– Section 2. OBLIGATIONS OF THE REGISTRANT has been amended with Subsections (8), (9) and (10) to better incorporate obligatory ICANN policies.
This represents the Agreement between the Registrant (Owner) of a Domain Name and the Registrar. If you register a domain name through us, this Agreement will apply to the person whose information you filled in the Owner section during the Registration process:
DOMAIN REGISTRANT AGREEMENT
This Domain Registrant Agreement (hereinafter referred to as the “Agreement”) between you (“you”, “your” or “Registrant”) and the Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward (the “Order”) that you have registered/reserved through or transferred to Registrar, sets forth the terms and conditions of Registrar’s domain name registration service and other associated services as described herein.
If you are entering into this agreement on behalf of a company or other legal entity, you represent that you have the authority to bind such entity to these terms and conditions, in which case the terms “you”, “your” and “Registrant” shall refer to such entity.
This Agreement explains our obligations to you, and your obligations to us in relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail Forward that you have registered/reserved through or transferred to Registrar (“Order”), directly or indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of your Order begins with Registrar and will remain in force until the Order remains as an active Order with Registrar. Registrar may elect to accept or reject the Order application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet registration and management services for domain names, for the list of TLDs mentioned within APPENDIX ‘U’;
AND WHEREAS, the Registrant is the Owner of a registration of a domain name (“the SLD”) in any of the TLDs mentioned within APPENDIX ‘U’, directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual promises, benefits and covenants contained herein and for other good and valuable consideration, the receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar and the Registrant, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1) “Business Day” refers to a working day between Mondays to Friday excluding all Public Holidays.
(2) “Communications” refers to date, time, content, including content in any link, of all oral / transmitted / written communications / correspondence between Registrar, and the Registrant, and any Artificial Juridical Person, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity acting on their behalf.
(3) “Customer” refers to the customer of the Order as recorded in the OrderBox Database.
(4) “OrderBox” refers to the set of Servers, Software, Interfaces, Registrar Products and API that is provided for use directly or indirectly under this Agreement by Registrar and/or its Service Providers.
(5) “OrderBox Database” is the collection of data elements stored on the OrderBox Servers.
(6) “OrderBox Servers” refer to Machines / Servers that Registrar or its Service Providers maintain to fulfill services and operations of the OrderBox.
(7) “OrderBox User” refers to the Customer and any Agent, Employee, Contractee of the Customer or any other Legal Entity, that has been provided access to the “OrderBox” by the Customer, directly or indirectly.
(8) “Registrar” refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the corresponding Registry Operator.
(9) “Registrar Products” refer to all Products and Services of Registrar which it has provided/rendered/sold, or is providing/rendering/selling.
(10) “Registrar Servers” refer to web servers, Mailing List Servers, Database Servers, OrderBox Servers, Whois Servers and any other Machines / Servers that Registrar or its Service Providers Operate, for the OrderBox, the Registrar Website, the Registrar Mailing Lists, Registrar Products and any other operations required to fulfill services and operations of Registrar.
(11) “Registrar Website” refers to the website of the Registrar.
(12) “Registry Operator” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that is involved in the management of any portion of the registry of the TLD, including but not limited to policy formation, technical management, business relationships, directly or indirectly as an appointed contractor.
(13) “Resellers” – The Registrant may purchase the Order through a reseller, who in turn may purchase the same through a reseller and so on (collectively known as the “Resellers”).
(14) “Service Providers” refers individually and collectively to any Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution, Organization, Person, Society, Trust or any other Legal Entity that the Customer and/or Registrar and/or Service Providers (recursively) may, directly or indirectly, Engage / Employ / Outsource / Contract for the fulfillment / provision / purchase of Registrar Products, OrderBox, and any other services and operations of Registrar.
(15) “Whois” refers to the public service provided by Registrar and Registry Operator whereby anyone may obtain certain information associated with the Order through a “Whois Lookup”.
(16) “Whois Record” refers to the collection of all data elements of the Order, specifically its Registrant Contact Information, Administrative Contact Information, Technical Contact Information, Billing Contact Information, Nameservers if any, its Creation and Expiry dates, its Registrar and its current Status in the Registry.
(17) “Registered Name” refers to a domain name within the domain of a TLD that is the subject of an appendix to this Agreement, whether consisting of two (2) or more (e.g., john.smith.name) levels, about which a TLD Registry Operator (or an affiliate engaged in providing Registry Services) maintains data in a Registry Database, arranges for such maintenance, or derives revenue from such maintenance. A name in a Registry Database may be a Registered Name even though it does not appear in a zone file (e.g., a registered but inactive name).
(18) “Registered Name Holder” or “Registrant” means the holder of a Registered Name.
2. OBLIGATIONS OF THE REGISTRANT
(1) The Registrant agrees to provide, maintain and update, current, complete and accurate information of the Whois Record and all the data elements about the Order in the OrderBox Database during the term of the Order. Registrant agrees that provision of inaccurate or unreliable information, and/or Registrant’s failure to promptly update information, or non-receipt of a response for over five (5) calendar days to inquiries sent to the email address of the Registrant or any other contact listed for the Order in the OrderBox database concerning the accuracy of contact information associated with the Order shall be constituted as a breach of this Agreement and a basis for freezing, suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any dispute and/or discrepancy concerning the data elements of the Order in the OrderBox Database, the data element in the OrderBox Database records shall prevail.
(3) The Registrant acknowledges that the authentication information for complete control and management of the Order will be accessible to the Registry Operator, Service Providers, Resellers and the Customer. Any modification to the Order by the Resellers, Customer or Service Providers will be treated as if it is authorized by the Registrant directly. Registrar is not responsible for any modification to the Order by the Customer, Resellers, Registry Operator, or Service Providers.
(4) The Registrant acknowledges that all communication about the Order will be only done with the Customer or the Resellers of the Order. Registrar is not required to, and may not directly communicate with the Registrant during the entire term of the Order.
(5) The Registrant shall comply with all terms or conditions established by Registrar, Registry Operator and/or Service Providers from time to time.
(6) The Registrant must comply with all applicable terms and conditions, standards, policies, procedures, and practices laid down by ICANN and the Registry Operator.
(7) During the term of this Agreement and for three years thereafter, the Registrant shall maintain the following records relating to its dealings with Registrar, Resellers and their Agents or Authorized Representatives:
(1) in electronic, paper or microfilm form, all written communications with respect to the Order;
(2) in electronic form, records of the accounts of the Order, including dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
(8) The Registrant shall consent to the data processing by Registrar of the information and data elements provided in Subsection 2. OBLIGATIONS OF THE REGISTRANT (1). Notice is hereby given by Registrar that:
(a) any Personal Data collected will be used solely for the purposes strictly necessary for the correct management of Domain Names and fulfillment of the Order,
(b) the intended recipients of the data include the Registry Operator, the Registrar and Service Providers,
(c) obligatory data and voluntary data is being marked as such in the control panel,
(d) the Registrant can access and, if necessary, rectify the data held about them using the control panel, by e-mail or mail.
(9) The Registrant shall represent that notice has been provided equivalent to that described in Subsections 2. OBLIGATIONS OF THE REGISTRANT (8) (a), (b), (c) and (d) to any third-party individuals whose Personal Data are supplied to Registrar by the Registrant, and that the Registrant has obtained consent equivalent to that referred to in Subsection 2. OBLIGATIONS OF THE REGISTRANT (8) of any such third-party individuals.
(10) The Registrant shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN adopted specification or policy, (1) to correct mistakes by Registrar or the Registry Operator in registering the name or (2) for the resolution of disputes concerning the Registered Name.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that:
(1) They have all requisite power and authority to execute, deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and delivered and constitutes a legal, valid and binding obligation, enforceable against Registrant and Registrar in accordance with its terms.
(3) The execution, delivery, and performance of this Agreement and the consummation by Registrar and the Registrant of the transactions contemplated hereby will not, with or without the giving of notice, the lapse of time, or both, conflict with or violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar.
(5) No consent, approval, or authorization of, or exemption by, or filing with, any governmental authority or any third party is required to be obtained or made in connection with the execution, delivery, and performance of this Agreement or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement;
(2) the Registrant has independently evaluated the desirability of the service and is not relying on any representation agreement, guarantee or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country.
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may change any information, of the Order, or transfer the Order to another Registrant, or transfer the Order to another Customer, upon receiving any authorization from the Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may provide/send any information, about the Registrant, and the Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee, employee of the Registrant upon receiving authorization in any form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and Registry Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time with reasonable notification temporarily or permanently cease to sell any Registrar Products.
(4) Registrar and the Registry Operator, in their sole discretion, expressly reserve the right to deny any Order or cancel an Order within 30 days of processing the same. In such case Registrar may refund the fees charged for the Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar, Registry Operator and Service Providers, in their sole discretion, expressly reserve the right to without notice or refund, delete, suspend, deny, cancel, modify, take ownership of or transfer the Order, or to modify, upgrade, suspend, freeze OrderBox, or to publish, transmit, share data in the OrderBox Database with any person or entity, or to contact any entity in the OrderBox Database, in order to recover any Payment from the Registrant, Customer or Resellers, for any service rendered by Registrar including services rendered outside the scope of this agreement for which the Registrant, Customer or Reseller has been notified and requested to remit payment, or to correct mistakes made by Registrar, Registry Operator or Service Providers in processing or executing the Order, or incase of any breach of this Agreement, or incase Registrar learns of a possibility of breach or violation of this Agreement which Registrar in its sole discretion determines to be appropriate, or incase of Termination of this agreement, or if Registrar learns of any such event which Registrar reasonably determines would lead to Termination of this Agreement or would constitute as Breach thereof, or to protect the integrity and stability of the Registrar Products, OrderBox, and the Registry or to comply with any applicable laws, government rules or requirements, requests of law enforcement, or in compliance with any dispute resolution process, or in accordance/compliance with any agreements executed by Registrar including but not limited to agreements with Service Providers, and/or Registry Operator, and/or Customers and/or Resellers, or to avoid any liability, civil or criminal, on the part of Registrar and/or Service Providers, and/or the Registry Operator, as well as their affiliates, subsidiaries, officers, directors and employees, or if the Registrant and/or Agents or any other authorized representatives of the Registrant violate any applicable laws/government rules/usage policies, including but not limited to, intellectual property, copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS hijacking), distribution of virus or malware, child pornography, using Fast Flux techniques, running Botnet command and control, Hacking (illegal access to another computer or network), network attacks, money laundering schemes (Ponzi, Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar learns of the possibility of any such violation or upon appropriate authorization (what constitutes appropriate authorization is at the sole discretion of Registrar) from the Registrant or Customer or Reseller or their authorized representatives, or if Registrar, Registry Operator or Service Providers in their sole discretion determine that the information associated with the Order is inaccurate, or has been tampered with, or has been modified without authorization, or if Registrar or Service Providers in their sole discretion determine that the ownership of the Order should belong to another entity, or if Reseller/Customer/Registrant does not comply with any applicable terms and conditions, standards, policies, procedures, and practices laid down by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or for any appropriate reason. Registrar or Registry Operator, also reserve the right to freeze the Order during resolution of a dispute. The Registrant agrees that Registrar, Registry Operator and Service Providers, and the contractors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator and Service Providers, are not liable for loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect an Order to any IP Address including, without limitation, to an IP address which hosts a parking page or a commercial search engine for the purpose of monetization, if an Order has expired, or is suspended, or does not contain valid Name Servers to direct it to any destination. Registrant acknowledges that Registrar and Service Providers cannot and do not check to see whether such a redirection, infringes any legal rights including but not limited to intellectual property rights, privacy rights, trademark rights, of Registrant or any third party, or that the content displayed due to such redirection is inappropriate, or in violation of any federal, state or local rule, regulation or law, or injurious to Registrant or any third party, or their reputation and as such is not responsible for any damages caused directly or indirectly as a result of such redirection.
(7) Registrar and Registry Operator has the right to rectify any mistakes in the data in the OrderBox Database with retrospective effect.
5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is challenged by a third party, the Registrant will be subject to the provisions of the appropriate Dispute policy for that Order as mentioned in the appropriate Appendix in effect at the time of the dispute. The Registrant agrees that in the event a dispute arises with any third party, the Registrant will indemnify and hold Registrar, Registry Operator and Service Providers harmless in all circumstances, and that Registrar, Registry Operator and Service Providers will have no liability of any kind for any loss or liability resulting from any such dispute, including the decision and final outcome of such dispute. If a complaint has been filed with a judicial or administrative body regarding the Registrant’s use of the Order, the Registrant agrees not to make any changes to the Order without Registrar’s prior approval. Registrar may not allow the Registrant to make changes to such Order until:
(1) Registrar is directed to do so by the judicial or administrative body; or
(2) Registrar receives notification, in a manner prescribed by Registrar from time to time, by the Registrant and the other party contesting the Registrant registration or use of the Order, that the dispute has been settled.
6. TERM OF AGREEMENT / RENEWALS
(1) The term of this Agreement shall continue until the registrant of the Order in the OrderBox database continues to be the Registrant and the Order continues to exist and the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant’s responsibility to keep records and maintain reminders regarding the expiry of any Order. As a convenience to the Registrant, and not as a binding commitment, we may notify the Customer, via an email message sent to the contact information associated with the Customer in the OrderBox database, about the expiry of the Order. Should renewal fees go unpaid for an Order, the Order will expire.
(3) Registrant acknowledges that after expiration of the term of an Order, Registrant has no rights on such Order, or any information associated with such Order, and that ownership of such Order now passes on to the Registrar. Registrar and Service Providers may make any modifications to said Order or any information associated with said Order. Registrar and Service Providers may intercept any network/communication requests to such Order and process them in any manner in their sole discretion. Registrar and Service Providers may choose to monetize such requests in any fashion at their sole discretion. Registrar and Service Providers may choose to display any appropriate message, and/or send any response to any user making a network/communication request, for or concerning said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar and Service Providers may choose to transfer the ownership of the Order to any third party in their sole discretion. Registrant acknowledges that Registrar and Service Providers shall not be liable to Registrant or any third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal of the Order after Order expiry, and such renewal term will start as on the date of expiry of the Order, unless otherwise specified. Such process may be charged separately at the price then prevailing for such a process as determined by the Registrar in its sole discretion. Such renewal after the expiry of the Order may not result in exact reinstatement of the Order in the same form as it was prior to expiry.
(5) Registrar makes no guarantees about the number of days, after deletion of an Order, after which the same Order will once again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar’s contract with the Service Providers for the fulfillment of such Order is terminated or expires without renewal;
(2) Registrar’s contract with the Registry Operator is terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for the particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify the Order and suspend OrderBox Users’ access to the OrderBox with immediate effect, upon the sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages of any sort resulting solely from terminating this Agreement in accordance with its terms, unless specified otherwise. The Registrant however shall be liable for any damage arising from any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix ‘B.’
8. REGISTRANT – REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances:
(1) authorization from the Registrant and/or their Agent or Authorized Representative in a manner prescribed by Registrar from time to time;
(2) authorization from the Customer and/or the Reseller in a manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law Enforcement Agency;
(4) for fulfillment of a decision in a domain dispute resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar reasonably determines would lead to Termination of this Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the authenticity of any information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in its absolute unfettered and sole discretion deems to be genuine, Registrar may transfer the Order. Registrar cannot be held liable for any such transfer under any circumstance including but not limited to fraudulent or forged authorization received by Registrar.
(3) In the above circumstances the Registrant shall extend full cooperation to Registrar in transferring the Order of the Registrant to another registrant including without limitation, handing over all data required to be stored by the Registrant as per Section 3(5), and complying with all requirements to facilitate a smooth transfer.
(4) The Registrant’s Order may not be transferred until Registrar receives such written assurances or other reasonable assurance that the new registrant has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by Registrar in its sole discretion). If the Transferee fails to be bound in a reasonable fashion (as determined by Registrar in its sole discretion) to the terms and conditions in this Agreement, any such transfer maybe considered by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1) The Registrant acknowledge and agree that during the first 60 days after initial registration of the Order, or after expiration of the Order the Registrant may not be able to transfer the Order to another registrar.
(2) Registrar may request the Registrant or any other contact associated with the Order for authorization upon receiving a request to transfer the Order to another registrar. The Registrant agrees to provide such authorization to Registrar. Registrar, in its sole discretion will determine, if such authorization is adequate to allow the transfer.
(3) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact, if Registrar in its sole discretion determines that the transfer request it has received is a valid transfer request.
(4) Registrar in its sole discretion may allow the transfer of a domain name away to another registrar, without contacting the Registrant or any other contact pursuant to the then applicable process and rules of transfer of domain names as laid out by the Registry Operator. Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time.
(5) Registrar may deny or prevent a transfer of an Order to another registrar in situations described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers’ or Registrant for any services rendered, whether under this agreement;
(4) any pending Domain Dispute Resolution process with respect to the Order;
(5) if the Order has been locked or suspended by the Customer or Resellers;
(6) any situation where denying the transfer is permitted under the then applicable process and rules of transfer of domain names as laid out by the Registry Operator, Registrant acknowledges that it is their responsibility to research and acquaint themselves with these rules and any applicable changes from time to time;
(7) any other circumstance described in this Agreement;
(8) for any other appropriate reason;
(6) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer.
(7) Registrar cannot be held liable for any domain name transferred away to another registrar, or for any denial of a transfer, in accordance with this Section 9 (Registrar-Registrar Transfer).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If any legal action or other legal proceeding (including arbitration) relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against Registrar by the Registrant, then in no event will the liability of Registrar exceed actual amount received by Registrar for the Order minus direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify, defend and hold harmless, Registrar, Service Provider, Registry Operator, Resellers and the contactors, employees, directors, officers, representatives, agents and affiliates, of Registrar, Registry Operator, Service Providers, and Resellers against any claim, suit, action, or other proceeding brought against them based on or arising from any claim or alleged claim, of third parties relating to or arising under this Agreement, Registrar Products provided hereunder, or any use of the Registrar Products, including without limitation:
(1) infringement by the Registrant, or someone else using a Registrar Product with the Registrant’s computer, of any intellectual property or other proprietary right of any person or entity;
(2) arising out of any breach by the Registrant of this Agreement;
(3) arising out of, or related to, the Order or use of the Order;
(4) relating to any action of Registrar as permitted by this Agreement;
(5) relating to any action of Registrar carried out on behalf of Registrant as described in this Agreement.
However, that in any such case Registrar may serve either of the Registrant with notice of any such claim and upon their written request, Registrar will provide to them all available information and assistance reasonably necessary for them to defend such claim, provided that they reimburse Registrar for its actual costs.
(2) Registrar will not enter into any settlement or compromise of any such indemnifiable claim without Registrant’s prior written consent, which shall not be unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and expenses, including, but not limited to, actual attorneys’ fees and costs awarded against or otherwise incurred by Registrar in connection with or arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will continue to independently own his/her/its intellectual property, including all patents, trademarks, trade names, domain names, service marks, copyrights, trade secrets, proprietary processes and all other forms of intellectual property. Any improvements to existing intellectual property will continue to be owned by the Party already holding such intellectual property.
Without limiting the generality of the foregoing, no commercial use rights or any licenses under any patent, patent application, copyright, trademark, know-how, trade secret, or any other intellectual proprietary rights are granted by Registrar to the Registrant, or by any disclosure of any Confidential Information to the Registrant under this Agreement.
Registrant shall further ensure that the Registrant does not infringe any intellectual property rights or other rights of any person or entity, or does not publish any content that is libelous or illegal while using services under this Agreement. Registrant acknowledges that Registrar cannot and does not check to see whether any service or the use of the services by the Registrant under this Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE OF DATA
(1) You agree and acknowledge that Registrar owns all data, compilation, collective and similar rights, title and interests worldwide in the OrderBox Database, and all information and derivative works generated from the OrderBox Database.
(2) Registrar, Service Providers and the Registry Operator and their designees/agents have the right to backup, copy, publish, disclose, use, sell, modify, process this data in any form and manner as maybe required for compliance of any agreements executed by Registrar, or Registry Operator or Service Providers, or in order to fulfill services under this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No failure on the part of any Party to exercise any power, right, privilege or remedy under this Agreement, and no delay on the part of any Party in exercising any power, right, privilege or remedy under this Agreement, shall operate as a waiver of such power, right, privilege or remedy; and no single or partial exercise or waiver of any such power, right, privilege or remedy shall preclude any other or further exercise thereof or of any other power, right, privilege or remedy.
No Party shall be deemed to have waived any claim arising out of this Agreement, or any power, right, privilege or remedy under this Agreement, unless the waiver of such claim, power, right, privilege or remedy is expressly set forth in a written instrument on behalf of such Party; and any such waiver shall not be applicable or have any effect except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall be deemed to constitute a waiver of any other provision (whether or not similar), nor shall such waiver constitute a waiver or continuing waiver unless otherwise expressly provided in writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees that Registrar may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any corresponding/designated policy formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in the various appendices as well as in any of the external URLs referenced within the appendices.
(3) Any such revision or change will be binding and effective immediately on posting of the revision on the Registrar Website or the corresponding URL referenced in this Agreement.
(4) The Registrant agrees to review the Registrar Website and all other URLs referenced in this Agreement, periodically, to be aware of any such revisions.
(5) The Registrant agrees that, continuing use of the services under this Agreement following any revision, will constitute as an acceptance of any such revisions or changes.
(6) The Registrant acknowledges that if the Registrant does not agree to any such modifications, the Registrant may terminate this Agreement within 30 days of such revision. In such circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or permit any written / Oral / electronic material that makes reference to us or our Service Providers or uses any of Registrar’s registered Trademarks / Service Marks or our Service Providers’ registered Trademarks / Service Marks without first submitting such material to us and our Service Providers and receiving prior written consent.
The Registrant gives Registrar the right to use the Registrant names in marketing / promotional material with regards to Registrar Products to Visitors to the Registrar Website, Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax, consumption tax, transfer duty, custom duty, octroi duty, excise duty, income tax, and all other taxes and duties, whether international, national, state or local, however designated, which are levied or imposed or may be levied or imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or damage resulting from any cause beyond its reasonable control (a “Force Majeure Event”) including, but not limited to, insurrection or civil disorder, riot, war or military operations, national or local emergency, acts or directives or omissions of government or other competent authority, compliance with any statutory obligation or executive order, strike, lock-out, work stoppage, industrial disputes of any kind (whether or not involving either party’s employees), any Act of God, fire, lightning, explosion, flood, earthquake, eruption of volcano, storm, subsidence, weather of exceptional severity, equipment or facilities breakages / shortages which are being experienced by providers of telecommunications services generally, or other similar force beyond such Party’s reasonable control, and acts or omissions of persons for whom neither party is responsible. Upon occurrence of a Force Majeure Event and to the extent such occurrence interferes with either party’s performance of this Agreement, such party shall be excused from performance of its obligations (other than payment obligations) during the first six months of such interference, provided that such party uses best efforts to avoid or remove such causes of non performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the provisions of this Agreement shall inure to the benefit of and be binding upon, the successors and assigns of the Parties; provided, however, that any such successor or assign be permitted pursuant to the Articles, Bylaws or policies of Registrar.
The Registrant shall not assign, sublicense or transfer its rights or obligations under this Agreement to any third person/s except as provided for in Section 8 (REGISTRANT – REGISTRANT TRANSFER) or with the prior written consent of Registrar.
Registrant agrees that if Registrant licenses the use of the Order to a third party, the Registrant nonetheless remains the Registrant of record, and remains responsible for all obligations under this Agreement.
20. NO GUARANTY
The Registrant acknowledges that registration or reservation of the Order does not confer immunity from objection to the registration, reservation, or use of the Order.
21. DISCLAIMER
THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON “AS IS” AND “WHERE IS” BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
22. JURISDICTION & ATTORNEY’S FEES
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Country, State and City where Registrar is incorporated, applicable therein without reference to rules governing choice of laws. Any action relating to this Agreement must be brought in city, state, country where Registrar is incorporated. Registrar reserves the right to enforce the law in the Country/State/District where the Registered/Corporate/Branch Office, or Place of Management/Residence of the Registrant is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to the performance under this Agreement or the enforcement of any provision of this Agreement is brought against either Party hereto, the prevailing Party shall be entitled to recover reasonable attorneys’ fees, costs and disbursements (in addition to any other relief to which the prevailing Party may be entitled.
For the adjudication of disputes concerning or arising from use of the Order, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant’s domicile and (2) the Registrar’s country of incorporation.
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include all genders, and words importing the singular number only shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or other agreements, express or implied, statutory or otherwise, between the Parties in connection with the subject matter of this Agreement, except as specifically set forth herein.
(3) The Parties shall attempt to resolve any disputes between them prior to resorting to litigation through mutual understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be binding upon Registrar and the Registrant as well as all respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix W shall survive.
(6) This Agreement does not provide and shall not be construed to provide third parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause of action or privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers, Registry Operator, Resellers, and Customer are independent contractors, and nothing in this Agreement will create any partnership, joint venture, agency, franchise, and sales representative or employment relationship between the parties.
(8) Further Assurances: Each Party hereto shall execute and/or cause to be delivered to the other Party hereto such instruments and other documents, and shall take such other actions, as such other Party may reasonably request for the purpose of carrying out or evidencing any of the transactions contemplated / carried out, by / as a result of, this Agreement.
(9) Construction: The Parties agree that any rule of construction to the effect that ambiguities are to be resolved against the drafting Party shall not be applied in the construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement, including all Appendices constitutes the entire agreement between the Parties concerning the subject matter hereof and supersedes any prior agreements, representations, statements, negotiations, understandings, proposals or undertakings, oral or written, with respect to the subject matter expressly set forth herein. If any provision of this Agreement shall be held to be illegal, invalid or unenforceable, each Party agrees that such provision shall be enforced to the maximum extent permissible so as to effect the intent of the Parties, and the validity, legality and enforceability of the remaining provisions of this Agreement shall not in any way be affected or impaired thereby. If necessary to effect the intent of the Parties, the Parties shall negotiate in good faith to amend this Agreement to replace the unenforceable language with enforceable language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections, Appendices, Extensions and other Subdivisions and the insertion of headings are for convenience of reference only and shall not affect or be used in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to this Agreement or its performance shall be computed based on the date and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:
(1) Registrar can immediately, without any notification and without assigning any reasons, suspend / terminate the Registrants access to the OrderBox Server.
(2) The Registrant will be immediately liable for any damages caused by any breach of any of the terms and conditions of this Agreement.
(3) Registrar can immediately, without any notification and without assigning any reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted to be delivered to Registrar under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered when delivered to contact address specified on the Registrar Website by registered mail or courier. Any communication shall be deemed to have been validly and effectively given, on the date of receiving such communication, if such date is a Business Day and such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on the next Business Day.
(2) Any notice or other communication required or permitted to be delivered to the Registrant under this Agreement shall be in writing unless otherwise specified and shall be deemed properly delivered, given and received when delivered to contact address of the Registrant in the OrderBox Database.
(3) Any notice or other communication to be delivered to any party via email under this agreement shall be deemed to have been properly delivered if sent in case of Registrar to its Legal Contact mentioned on the Registrar Website and in case of the Registrant to their respective email address in the OrderBox Database.
APPENDIX ‘A’
TERMS AND CONDITIONS OF ORDERBOX USAGE
This Appendix A covers the terms of access to the OrderBox. Any violation of these terms will constitute a breach of agreement, and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily suspend OrderBox Users’ access to the OrderBox in the event of significant degradation of the OrderBox, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication information provided by Registrar. Registrar is not responsible for any action in the OrderBox that takes place using this authentication information whether authorized or not.
(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User.
(5) OrderBox User will not attempt to hack, crack, gain unauthorized access, misuse or engage in any practice that may hamper operations of the OrderBox including, without Limitation temporary / permanent slow down of the OrderBox, damage to data, software, operating system, applications, hardware components, network connectivity or any other hardware / software that constitute the OrderBox and architecture needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending of repeated unreasonable network requests to the OrderBox or establish repeated unreasonable connections to the OrderBox. Registrar will in its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to protect OrderBox Data from misuse, unauthorized access or disclosure, alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due to the compromise of your Authentication information in any manner OR any authorized/unauthorized use of the Authentication Information.
(10) Registrar shall not be liable for any damages due to downtime or interruption of OrderBox for any duration and any cause whatsoever.
(11) Registrar shall have the right to temporarily or permanently suspend access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the OrderBox, or learns of any possible misuse that has occurred, or will occur with respect to a OrderBox User.
(12) Registrar and Service Providers reserve the right to, in their sole discretion, reject any request, network connection, e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF ORDERBOX
(1) Registrant, or its contractors, employees, directors, officers, representatives, agents and affiliates and OrderBox Users, either directly or indirectly, shall not use or permit use of the OrderBox, directly or indirectly, in violation of any federal, state or local rule, regulation or law, or for any unlawful purpose, or to promote adult-oriented or “offensive” material, or related to any unsolicited bulk e-mail directly or indirectly (such as by referencing an OrderBox provided service within a spam email or as a reply back address), or related to ANY unsolicited marketing efforts offline or online, directly or indirectly, or in a manner injurious to Registrar, Registry Operator, Service Providers or their Resellers, Customers, or their reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar articles to an excessive number of newsgroups (i.e., more than 2-3) or posting of articles which are off-topic (i.e., off-topic according to the newsgroup charter or the article provokes complaints from the readers of the newsgroup for being off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred to as spamming) which provokes complaints from any of the recipients; or engaging in spamming from any provider;
(4) offering for sale or otherwise enabling access to software products that facilitate the sending of unsolicited e-mail or facilitate the assembling of multiple e-mail addresses (“spamware”);
(5) advertising, transmitting, linking to, or otherwise making available any software, program, product, or service that is designed to violate these terms, including but not limited to the facilitation of the means to spam, initiation of pinging, flooding, mailbombing, denial of service attacks, and piracy of software;
(6) harassment of other individuals utilizing the Internet after being asked to stop by those individuals, a court, a law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing company/user/service or otherwise falsifying one’s identity for fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other Internet service, or for the purpose of directing traffic of said user or entity elsewhere;
(8) using OrderBox services to point to or otherwise direct traffic to, directly or indirectly, any material that, in the sole opinion of Registrar, is associated with spamming, bulk e-mail, e-mail harvesting, warez (or links to such material), is in violation of copyright law, or contains material judged, in the sole opinion of Registrar, to be threatening or obscene or inappropriate;
(9) using OrderBox directly or indirectly for any of the below activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this agreement beyond reasonable limits as determined by the Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind;
(9) promoting net abuse in any manner (providing software, tools or information which enables, facilitates or otherwise supports net abuse);
(10) causing lossage or creating service degradation for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what constitutes as violation of appropriate usage including but not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any purpose other than those listed below, except if explicit written permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement; and
(2) to communicate with Registrar on any matter pertaining to Registrar or its services.
(4) data in the OrderBox Database cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX ‘B’
PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the Customer or Resellers.
(2) In the event that a payment made via Credit Card or the payment instrument sent by the Customer or Reseller bounces due to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users’ access to the OrderBox
(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend, deny, cancel, modify, take ownership of or transfer any or all of the Orders placed of the Registrant as well as stop / suspend / delete / transfer any Orders currently being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all Orders placed by the Registrant to another Customer, or under Registrar’s account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable additional charges for the processing of the Charge-back / Payment Reversal in addition to actual costs of the same.
(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX ‘C’
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘D’
.BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) Registrations in the .BIZ TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .BIZ Registration Restrictions (“Restrictions”), “bona fide business or commercial use” shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or property of any kind; or
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for compensation shall not constitute a “bona fide business or commercial use” of that domain name.
2. CERITIFICATION FOR .BIZ REGISTRATIONS
(1) As a .BIZ domain name Registrant, you hereby certify to the best of your knowledge that the registered domain name will be used primarily for bona fide business or commercial purposes and not exclusively for personal use or solely for the purposes of selling, trading or leasing the domain name for compensation, or the unsolicited offering to sell, trade or lease the domain name for compensation. For more information on the .BIZ restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html.
(2) The domain name Registrant has the authority to enter into the registration agreement.
(3) The registered domain name is reasonably related to the Registrant’s business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .BIZ domain name with any third party (other than Registry Operator or Registrar) over the registration or use of a .BIZ domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder (“Claimant”) that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes.
APPENDIX ‘E’
.INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:
(1) Registrant agrees to submit to proceedings under ICANN’s Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are available at http://www.afilias.info. These policies are subject to modification.
(2) Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation:
(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX ‘F’
.NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward Registrations in the .NAME TLD must constitute an individual’s “Personal Name”. For purposes of the .NAME restrictions (the “Restrictions”), a “Personal Name” is a person’s legal name, or a name by which the person is commonly known. A “name by which a person is commonly known” includes, without limitation, a pseudonym used by an author or painter, or a stage name used by a singer or actor.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you hereby certify to the best of your knowledge that the SLD is your Personal Name.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes the information contained in the Whois directory, including:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the following documents that are incorporated herein and made a part of this Agreement by reference:
(1) the Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm; and
(3) the Uniform Domain Name Dispute Resolution Policy (the “UDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name domain names and Personal Name SLD email addresses will be granted on a first-come, first-served basis, except for registrations granted as a result of a dispute resolution proceeding or during the landrush procedures in connection with the opening of the Registry TLD. The following categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have trademark or service mark rights in that character’s Personal Name;
(3) in addition to a Personal Name registration, you may add numeric characters to the beginning or the end of your Personal Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to:
(1) registered domain names and SLD email address registrations within .NAME on the grounds that a Registrant does not meet the Eligibility Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and party other than Global Name Registry (“Registry Operator”) or Registrar over the registration and use of an Internet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all use of Email Forwarding, including the content of messages sent through Email Forwarding.
(2) You undertake to familiarize yourself with the content of and to comply with the generally accepted rules for Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:
(1) to encourage, allow or participate in any form of illegal or unsuitable activity, including but not restricted to the exchange of threatening, obscene or offensive messages, spreading computer viruses, breach of copyright and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by unauthorized access to or use of the data in systems or networks, including all attempts at guessing passwords, checking or testing the vulnerability of a system or network or breaching the security or access control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or networks, including, but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks, willful attempts to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to, the mass mailing of unsolicited email, junk mail, the use of distribution lists (mailing lists) which include persons who have not specifically given their consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
(5) Registry Operator reserves the right to implement additional anti-spam measures, to block spam or mail from systems with a history of abuse from entering Registry Operator’s Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is not obliged to store any contents or to forward unsent email to you or a third party.
APPENDIX ‘G’
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to exclusively pre-register on the .NAME space and create a protective barrier for their trademarks. A “Defensive Registration” is a registration granted to a third party of a specific string on the second or third level, or of a specific set of strings on the second and third levels, which will not resolve within the domain name system but may prevent the registration of the same string(s) on the same level(s) by other third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant (“Defensive Registrant”), you hereby certify to the best of your knowledge that for Phase I Defensive Registrations (“Phase I Defensive Registrants”), you own valid and enforceable trademark or service mark registrations having national effect that issued prior to April 9, 2011 for strings that are identical to the textual or word elements, using ASCII characters only, subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD. You understand that trademark or service mark registrations from the supplemental or equivalent Registry of any country, or from individual states or provinces of a nation, will not be accepted. Subject to the same character and formatting restrictions as apply to all registrations in the Registry TLD, if a trademark or service mark registration incorporates design elements, the ASCII character portion of that mark may qualify to be a Phase I Defensive Registration.
(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall comply with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or overlapping Defensive Registrations upon payment by each of a separate registration fee;
(3) The Defensive Registrant must provide the information requested in Section 3(i) below;
(4) A Defensive Registration will not be granted if it conflicts with a then-existing Personal Name Registration or other reserved word or string.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. You must provide contact information, including name, email address, postal address and telephone number, for use in disputes relating to the Defensive Registration. You understand and agree that this contact information will be provided as part of the Whois record for the Defensive Registration. You further understand that the foregoing registration data may be transferred outside of the European Community, such as to the United States, and you expressly consent to such export.
In addition to the information provided in subsection 1. above, Phase I Defensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used by the registration authority.
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge pursuant to the Eligibility Requirements Dispute Resolution Policy (“ERDRP”);
(2) if the Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3) if a challenge is successful, then the Defensive Registration will be subject to the procedures described in Section 2(h) of Appendix 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;
(4) if a Phase I Defensive Registration is successfully challenged on the basis that it did not meet the applicable Eligibility Requirements, the Defensive Registrant will thereafter be required to demonstrate, at its expense, that it meets the Eligibility Requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .NAME through any Registrar. In the event that the Defensive Registrant is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s) will be cancelled;
(5) The ERDRP applies to, among other things, challenges to Defensive Registrations within .NAME and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive Registrants may be asked to give their consent to allow individuals to share a part of their space. For example, if you have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you will have five (5) days to respond to a request for consent.
APPENDIX ‘H’
.US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .US domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you have and shall continue to have a lawful bona fide US Nexus as defined in the “usTLD Nexus Requirements;”
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and
(6) any other data NeuStar, as the Registry, requires be submitted to it, including specifically information regarding the primary purpose for which a domain name is registered (e.g., business, education, etc.).
3. GOVERNMENT USE OF DATA
You understand and agree that the U.S. Government shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by Neustar. These policies are available at http://www.neustar.us and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or
(2) to correct mistakes by Registrar or the usTLD Administrator in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘I’
.IN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .IN domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used, infringes the legal rights of any third party, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;
(2) your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘J’
.EU DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party;
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central administration or principal place of business within the European Union Community; or
(2) an organisation established within the EU Community without prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws, regulations and policies of the .EU Registry. The details of the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes:
(1) the full name of the Registrant; where no name of a company or organisation is specified, the individual requesting registration of the Domain Name will be considered the Registrant; if the name of the company or the organisation is specified, then the company or organisation is considered the Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or principal place of business of the undertaking of the Registrant is located; or
(2) where the organisation of the Registrant is established; or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the Registrant can be contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by the EU Registry. These policies are available in the EU Regulation 874/2004 at http://www.eurid.eu and are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry within the EU Regulation 874/2004 or any other policy listed at http://www.eurid.eu/; or
(2) to correct mistakes by Registrar or the EU Registry in registering the name; or
(3) for the resolution of disputes concerning the domain name.
APPENDIX ‘K’
PRIVACY PROTECTION SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of the actual owner from appearing in the Whois Lookup Result of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact information being displayed in the Whois of a privacy protected Domain Order will be those designated by the Registrar, and
(1) any mail received via post at this Address would be rejected;
(2) any telephone call received at this Telephone Number, would be greeted with an electronic answering machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in the Whois of this privacy protected domain name, will get an automated response email asking them to visit the URL http://www.privacyprotect.org/ to contact the Registrant, Administrative, Billing or Technical Contact of a privacy protected domain name through an online form. This message would be relayed as an email message via http://www.privacyprotect.org/ to the actual Registrant, Administrative, Billing or Technical Contact email address in the OrderBox Database.
(2) Registrant agrees that we can not guarantee delivery of messages to either the Registrant, Administrative, Billing, Technical Contact, or Customer of a privacy protected Order, and that such message may not be delivered in time or at all, for any reason whatsoever. Registrar and Service Providers disclaim any and all liability associated with non-delivery of any messages relating to the Domain Order and this service.
(3) Registrant understands that the Privacy Protection Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or not, Registrants are required to fulfill their obligations of providing true and accurate contact information as detailed in the Agreement.
(5) Registrant understands and acknowledges that Registrar in its sole, unfettered discretion, can discontinue providing Privacy Protection Services on the Order for any purpose, including but not limited to:
(1) if Registrar receives any abuse complaint for the privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain name, or
(4) for any other reason that Registrar in its sole discretion deems appropriate to switch off the Privacy Protection Services.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold harmless Registrar, Service Providers, PrivacyProtect.org, and their parent companies, subsidiaries, affiliates, shareholders, agents, directors, officers and employees, from and against any and all claims, demands, liabilities, losses, damages or costs, including reasonable attorney’s fees, arising out of or related in any way to the Privacy Protection services provided hereunder.
APPENDIX ‘L’
.UK DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .UK domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.org.uk/.
(2) you agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.org.uk/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.org.uk/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘M’
.TRAVEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TRAVEL domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this Agreement, you are required to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL Registry to an entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/ that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘N’
.WS DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .WS domain name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by You. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘O’
.COOP DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .COOP domain name, the Registrant, must also agree to:
(1) the terms and conditions of the .COOP Registration Agreement with the .COOP Sponsor DCLLC (DotCoop Limited Liability Company), available at http://www.nic.coop/terms.asp; and
(2) the Verification & Eligibility Policy available at http://www.nic.coop/verification.asp; and
(3) the Charter Eligibility Dispute Resolution Policy (“CEDRP”) and DotCoop Domain Name Dispute Resolution Policy (“DCDRP”) found at http://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found at http://www.nic.coop/transferpolicy.asp.
all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency between the provisions of this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect of all .COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set out in http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to be entitled to register a .COOP domain name for failure to meet .COOP Sponsor eligibility requirements, that the domain name may not be registered (and, if already registered, it will be deleted). You release the .COOP Sponsor from any and all liability stemming from deletion of any domain name. Deleted .COOP names will be returned to the pool of names available for registration. The privacy statement, located on the .COOP Sponsor’s Web site at http://www.nic.coop/privacy.asp and incorporated herein by reference sets forth your and the .COOP Sponsor’s rights and responsibilities with regard to your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth on http://www.nic.coop, including but not limited to the requirement that third-and-higher-level domain names within your second level domain may only be used internally by you (absent a written license from the .COOP Sponsor).
3. DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in the .COOP Sponsor’s dispute policy as found at http://www.nic.coop/dispute.asp as it may be modified at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold your .COOP Registrar and the .COOP Sponsor harmless pursuant to the terms and conditions set forth in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without prior approval. Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or administrative body, or (ii) Registrar receives notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
APPENDIX ‘P’
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
If the Order is either a EU.COM, GB.COM, QC.COM, KR.COM, US.COM, AE.ORG, GR.COM, BR.COM, DE.COM, GB.NET, HU.COM, JPN.COM, NO.COM, RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, UY.COM or ZA.COM domain name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that CentralNic shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit other to do so, all Data provided by Registrant. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at http://www.centralnic.com and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘Q’
.MOBI DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .MOBI domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .MOBI domain name, involves you contracting with mTLD which is the .MOBI Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all applicable laws, regulations and policies of mTLD available on their website at http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘R’
.ASIA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ASIA domain name, the Registrant, must also agree to the following terms:
1. DEFINITIONS
(1) “Charter Eligibility Declaration Contact” (“CED Contact”) is a contact that is designated to make the declaration that it meets the Charter Eligibility Requirement for registering a .ASIA domain name.
(2) “Charter Eligibility Requirement” means the eligibility requirement set out in the .ASIA Charter, that the Registered Name Holder is required to comply with. The policy for such requirement, the “Charter Eligibility Requirement Policy” is stated on DotAsia’s website at http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief:
(1) you are aware that registering a .ASIA domain name, involves you contracting with the .ASIA Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia Community is defined based on the geographical boundaries described by the ICANN Asia / Australia / Pacific region (http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event you do not have a legal entity or natural person in the DotAsia Community, the Registrar allows you to designate a Registrar-assigned CED Contact, to facilitate your .asia domain name registration.
(4) you have made known to the Charter Eligibility Declaration Contact (CED Contact), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder’s legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited’s .ASIA Charter Eligibility Requirement Policy published from time to time. Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED Contact and the Registrant Contact can be named as the responding party, the CED Contact however is responsible only for acknowledging the dispute proceedings and to refer the case to the Registrant Contact. The Registrant Contact shall remain solely responsible for all operations and liabilities regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN’s Uniform Domain Name Dispute Resolution Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and ICANN’s Charter Eligibility Dispute Resolution Policy (CEDRP), available at http://www.icann.org/udrp/cedrp-policy.html, that are incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘S’
.ME DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .ME domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief.
(1) you are aware that registering a .ME domain name, involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.domain.me/.
(2) you agree to comply with all applicable laws, regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and are hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘T’
.TEL DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .TEL domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief.
(1) you are aware that registering a .TEL domain name, involves you contracting with the telnic which is the .TEL Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone number, an email address, an instant-messaging handle or a web link associated with you.
(3) you agree to comply with all applicable laws, regulations and policies of telnic available on their website at http://www.telnic.org/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘U’
LIST OF TLDS REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT SERVICES
* .COM, .NET (through Registrar )
* .ORG (through Registrar )
* .BIZ (through Registrar )
* .INFO (through Registrar )
* .NAME and .NAME Defensive Registrations and .NAME Mail Forwards (through Registrar )
* .US (through Registrar )
* .IN (through Registrar )
* .EU (through Registrar )
* .UK (through Registrar )
* .TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A PublicDomainRegistry.com)
* .WS (through Registrar )
* .COOP (through Registrar )
* CentralNIC (through Registrar )
* .MOBI (through Registrar )
* .ASIA (through Registrar )
* .ME (through Registrar )
* .TEL (through Registrar )
* .MN, .BZ (through Registrar )
* .CC, .TV (through Registrar )
* .CN (through Registrar )
* .NZ (through Registrar )
* .CO (through Registrar )
* .CA (through Registrar )
* .DE (through Registrar)
APPENDIX ‘V’
.CN DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CN domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CN domain name, involves you contracting with the CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also agree to be bound by the current CNNIC Domain Name Dispute Resolution Policy, available at http://www.cnnic.cn/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘W’
.NZ DOMAIN NAME SPECIFIC CONDITIONS
Registrar and registrant are bound by the policies, at http://dnc.org.nz/policies, that are incorporated herein and made a part of this Agreement by reference.
In the case of any conflict between .NZ and this agreement, the .NZ terms apply. If the Order is a .NZ domain name the following applies:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall be treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to its renewal, we will give you fourteen days notice before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New Zealand law.
(2) any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you.
(3) except as otherwise stated, you may take action against us only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one month’s notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first five days after initial registration of the Order the Registrant may not be able to transfer the Order to another Registrar.
APPENDIX ‘X’
.CO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CO domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .CO domain name, involves you contracting with the .CO Internet S.A.S which is the .CO Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws of Colombia.
(2) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .CO TLD between Registrant and the .CO Registry shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN, available at http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the “UDRP”), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Agreement.
APPENDIX ‘Y’
.CA DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .CA domain name, the Registrant, must also agree to the terms within the .CA Registrant Agreement displayed at the time of registering a .CA domain name and while assigning a new Registrant Contact for the domain name.
APPENDIX ‘Z’
.DE DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief you are aware that registering a .DE domain name, involves you contracting with the DENIC eG (DENIC) which is the .DE Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.denic.de/en/homepage.html/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws of Germany.
(2) either the Registrant or the Administrative Contact of your .DE domain name is domiciled in Germany and would be legally able to receive German Court documents and/or summons.
(3) any disputes, claims or controversies arising out of the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .DE TLD between Registrant and the .DE Registry shall be governed exclusively by the laws of Germany and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also agree to be bound by the current DENIC Domain Name Dispute Resolution Policy, available at http://www.denic.de/en/homepage.html/ that is incorporated herein and made a part of this Agreement by reference.
APPENDIX ‘ZZ’
.CO DOMAIN NAME SPECIFIC EXTENDED CONDITIONS
PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS, LLC
This is .CO Service Agreement Version Number 1.0
1. INTRODUCTION. In this Service Agreement (“Agreement”), “you” and “your” refer to each customer (“Customer”) and its agents, including each person listed in your account information as being associated with your account, and “we”, “us” and “our” refer collectively to Public Domain Registry .CO Registrations, LLC and its parent company and wholly-owned subsidiaries (“Public Domain Registry .CO Registrations”). This Agreement explains our obligations to you, and your obligations to us in relation to the Public Domain Registry .CO Registrations service(s) you purchase. By purchasing or otherwise applying for Public Domain Registry .CO Registrations service(s), you agree to establish an account with us for such services. When you use your account or permit someone else to use your account to purchase or otherwise acquire access to additional Public Domain Registry .CO Registrations service(s) or to modify or cancel your Public Domain Registry .CO Registrations service(s) (even if we were not notified of such authorization), this Agreement as amended covers any such service or actions. Additionally, you agree that each person listed in your account information as being associated with your account for any services provided to you (including, but not limited to, domain name registration services) is your agent with full authority to act on your behalf with respect to such services in accordance with the permissions granted, and that the Primary Contact and Account Administrative Contact for your account shall have the authority, without limitation, to terminate, transfer (where transfer is permitted by the Agreement), or modify such services or your account information, or purchase additional services. Any acceptance of your application(s) or requests for our services and the performance of our services will occur at our offices in Virginia, the location of our principal places of business. Except as otherwise expressly set forth in this Agreement, you agree that if you list, directly or by default, Public Domain Registry .CO Registrations as a contact for your account and/or any of the services in your account, we have the right, without notice, to remove our name and/or information from any such account or service and to replace the same with the name and/or information provided by you for any other contact associated with that account or service.
2. VARIOUS SERVICES. Sections 1 through 28 apply to any and all Public Domain Registry .CO Registrations services that you purchase, whether purchased separately or as a part of a complete solution or package bundle. The terms and conditions set forth in the Schedules of this Agreement apply only to customers who have purchased the Public Domain Registry .CO Registrations services referenced in those Schedules. In the event of any inconsistency between the terms of Sections 1 through 28 and the terms of the Schedules, the terms of the Schedules shall control with regard to the applicable Public Domain Registry .CO Registrations service. IMPORTANT NOTICE CONCERNING SERVICES THAT ARE COMBINED TOGETHER AS A PART OF A BUSINESS SOLUTION: You acknowledge and agree that some or all of the services you purchase or receive from us may be provided by one or more vendors, contractors or affiliates selected by Public Domain Registry .CO Registrations in its sole discretion. As a part of your Services, Public Domain Registry .CO Registrations may provide you access to third party functionality or services, including, but not limited to applications, widgets, RSS and other types of news, event and industry feeds, calculators, recommended copy, forms and templates that are incorporated or are offered as a part of one or more of the Services (“Third Party Functionality”). You expressly agree that any Third Party Functionality (including products, services or offering)s that are available to You as a part of any of the Public Domain Registry .CO Registrations product or services shall be used by You in accordance with the terms of any relevant third party licenses. Your failure to abide by any third party license may result in the immediate termination of your services by Public Domain Registry .CO Registrations. Furthermore, Public Domain Registry .CO Registrations does not control such Third Party Functionality and is therefore not liable for any issues of any kind relating to the Third Party Functionality. Public Domain Registry .CO Registrations reserves the right, at its sole discretion, to terminate, suspend, cancel or alter your access to Third Party Functionality at any time.
3. ACCURATE INFORMATION. You agree to: (1) provide certain true, current, complete and accurate information about you as required by the application process; and (2) maintain and update according to our modification procedures the information you provided to us when purchasing our services as needed to keep it current, complete and accurate. We rely on this information to send you important information and notices regarding your account and our services. You agree that Public Domain Registry .CO Registrations (itself or through its third party service providers) is authorized, but not obligated, to use Coding Accuracy Support System (CASS) certified software and/or the National Change of Address program (and/or such other systems or programs as may be recognized by the United States Postal Service or other international postal authority for updating and/or standardizing address information) to change any address information associated with your account (e.g., registrant address, billing contact address, etc.), and you agree that Public Domain Registry .CO Registrations may use and rely upon any such changed address information for all purposes in connection with your account (including the sending of invoices and other important account information) as though such changes had been made directly by you.
4. PRIVACY. Our privacy statement for all other Public Domain Registry .CO Registrations services is located on our Website is incorporated herein by reference for all such Public Domain Registry .CO Registrations services. The applicable privacy statement sets forth your and our rights and responsibilities with regard to your personal information. You agree that we, in our sole discretion, may modify our privacy statement. We will post such revised statement on our Website at least thirty (30) calendar days before it becomes effective. You agree that, by using our services after modifications to the privacy statement 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 except as otherwise expressly provided in one or more of the Schedules attached hereto. We will not process the personal data that we collect from you in a way incompatible with the purposes and other limitations described in our privacy statement. You represent and warrant that you have provided notice to, and obtained consent from, any third party individuals whose personal data you supply to us as part of our services with regard to: (i) the purposes for which such third party’s personal data has been collected, (ii) the intended recipients or categories of recipients of the third party’s personal data, (iii) which parts of the third party’s data are obligatory and which parts, if any, are voluntary; and (iv) how the third party can access and, if necessary, rectify the data held about them. You further agree to provide such notice and obtain such consent with regard to any third party personal data you supply to us in the future. We are not responsible for any consequences resulting from your failure to provide notice or receive consent from such individuals nor for your providing outdated, incomplete or inaccurate information.
5. OWNERSHIP. Except as otherwise set forth herein, all right, title and interest in and to all, (i) registered and unregistered trademarks, service marks and logos; (ii) patents, patent applications, and patentable ideas, inventions, and/or improvements; (iii) trade secrets, proprietary information, and know-how; (iv) all divisions, continuations, reissues, renewals, and extensions thereof now existing or hereafter filed, issued, or acquired; (v) registered and unregistered copyrights including, without limitation, any forms, images, audiovisual displays, text, software and (vi) all other intellectual property, proprietary rights or other rights related to intangible property which are used, developed, comprising, embodied in, or practiced in connection with any of the Public Domain Registry .CO Registrations services identified herein (“Public Domain Registry .CO Registrations Intellectual Property Rights”) are owned by Public Domain Registry .CO Registrations or its licensors, and you agree to make no claim of interest in or ownership of any such Public Domain Registry .CO Registrations Intellectual Property Rights. You acknowledge that no title to the Public Domain Registry .CO Registrations Intellectual Property Rights is transferred to you, and that you do not obtain any rights, express or implied, in the Public Domain Registry .CO Registrations or its licensors’ service, other than the rights expressly granted in this Agreement. To the extent that you create any Derivative Work (any work that is based upon one or more preexisting versions of a work provided to you, such as an enhancement or modification, revision, translation, abridgement, condensation, expansion, collection, compilation or any other form in which such preexisting works may be recast, transformed or adapted) such Derivative Work shall be owned by Public Domain Registry .CO Registrations and all right, title and interest in and to each such Derivative Work shall automatically vest in Public Domain Registry .CO Registrations. Public Domain Registry .CO Registrations shall have no obligation to grant you any right in any such Derivative Work.
6. EXCLUSIVE REMEDY; TIME LIMITATION ON FILING ANY CLAIM. YOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS, ITS LICENSORS AND CONTRACTORS (INCLUDING, BUT NOT LIMITED TO, THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS’S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. Public Domain Registry .CO Registrations and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data miss-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store email messages; (7) loss or liability resulting from the development or interruption of your Website or your Public Domain Registry .CO Registrations Website; (8) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent’s failure to pay any fees, including the initial registration fee or re-registration fee; (9) loss or liability as a result of the application of our dispute policy; or (10) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under Public Domain Registry .CO Registrations sole control. YOU AGREE THAT REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT OR ANY OF OUR SERVICES MUST BE FILED WITHIN ONE (1) YEAR AFTER SUCH CLAIM OR CAUSE OF ACTION AROSE OR SUCH CLAIM SHALL BE FOREVER BARRED.
7. DISCLAIMER OF WARRANTIES. YOU AGREE THAT YOUR USE OF OUR SERVICE(S) OR OUR LICENSORS’ SERVICES IS SOLELY AT YOUR OWN RISK. YOU AGREE THAT ALL OF SUCH SERVICES ARE PROVIDED ON AN “AS IS,” AND “AS AVAILABLE” BASIS, EXCEPT AS OTHERWISE NOTED IN THIS AGREEMENT. WE AND OUR LICENSORS EXPRESSLY DISCLAIM ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND NON-INFRINGEMENT. NEITHER PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS NOR OUR LICENSORS MAKE ANY WARRANTY THAT SERVICE(S) LICENSED HEREUNDER WILL MEET YOUR REQUIREMENTS, OR THAT THE SERVICE(S) WILL BE UNINTERRUPTED, TIMELY, SECURE, OR ERROR FREE; NOR DO WE OR OUR LICENSORS MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SERVICE(S) OR AS TO THE ACCURACY OR RELIABILITY OF ANY INFORMATION OBTAINED THROUGH OUR SERVICES. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR SERVICES 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 ANY OF OUR SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH SUCH SERVICES. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH OUR SERVICES SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN, YOU MAY NOT RELY ON ANY SUCH INFORMATION OR ADVICE. TO THE EXTENT JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. WE ARE NOT RESPONSIBLE FOR AND SHALL HAVE NO LIABILITY WITH RESPECT TO ANY PRODUCTS AND/OR SERVICES PURCHASED BY YOU FROM A THIRD PARTY.
8. INDEMNITY. You agree to release, indemnify, defend and hold harmless Public Domain Registry .CO Registrations and any of our (or their) contractors, agents, employees, officers, directors, shareholders, affiliates and assigns from all liabilities, claims, damages, costs and expenses, including reasonable attorneys’ fees and expenses, relating to or arising out of (a) this Agreement or the breach of your warranties, representations and obligations under this Agreement, (b) the Public Domain Registry .CO Registrations services or your use of such services, including without limitation infringement or dilution by you, or someone else using our service(s) from your computer, (c) any intellectual property or other proprietary right of any person or entity, (d) a violation of any of our operating rules or policies relating to the service(s) provided, (e) any information or data you supplied to Public Domain Registry .CO Registrations, including, without limitation, any misrepresentation in your application, if applicable, (f) the inclusion of metatags or other elements in any website created for you or by you via the Public Domain Registry .CO Registrations services, or (g) any information, material, or services available on your licensed Public Domain Registry .CO Registrations Website . When we are threatened with suit or sued by a third party, we may seek written assurances from you concerning your promise to indemnify us. Such assurances may, without limitation, be in the form of a deposit of money by you to us or our representatives to cover our fees and expenses, including but not limited to reasonable attorneys’ fees, in any such suit or threat of suit. Your failure to provide such assurances may be considered by us to be a material breach of this Agreement. We shall have the right to participate in any defense by you of a third-party claim related to your use of any of the Public Domain Registry .CO Registrations services, with counsel of our choice. We shall reasonably cooperate in the defense at your request and expense. You shall have sole responsibility to defend us against any claim, but you must receive our prior written consent regarding any related settlement. The terms of this paragraph will survive any termination or cancellation of this Agreement.
9. TERMINATION.
a. By Us. We may terminate this Agreement or any part of the Public Domain Registry .CO Registrations services at any time in the event you breach any obligation hereunder, fail to respond within ten (10) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 3 of this Agreement, if we determine in our sole discretion that you have violated the Public Domain Registry .CO Registrations Acceptable Use Policy, which is located on our Website and is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering.
b. Effect of Termination. Except as otherwise expressly set forth herein or on our Website, Public Domain Registry .CO Registrations will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by Public Domain Registry .CO Registrations, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs Public Domain Registry .CO Registrations incurs in closing your account. You agree to pay any and all costs incurred by Public Domain Registry .CO Registrations in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the Public Domain Registry .CO Registrations service, if applicable. In addition to the terms set forth herein, certain Public Domain Registry .CO Registrations services may have additional terms regarding termination, which are set forth in the applicable Schedule.
c. If you breach any term of this Agreement including, but not limited to, this terms of any Schedule, Public Domain Registry .CO Registrations may, in its sole and exclusive discretion, suspend or terminate your Services immediately and without notice to you. Service Fees may continue to accrue on suspended accounts and you will continue to remain responsible for the payment of any Service Fees that accrue during the period of suspension.
10. REPRESENTATIONS AND WARRANTIES. You agree and warrant that: (i) neither your registration nor use of the any of the Public Domain Registry .CO Registrations services nor the manner in which you intend to use such Public Domain Registry .CO Registrations Services will directly or indirectly infringe the legal rights of a third party, (ii) you have all requisite power and authority to execute this Agreement and to perform your obligations hereunder, (iii) you have selected the necessary security option(s) for your domain name registration record, (iv) you are of legal age to enter into this Agreement (or you are at least 13 years of age and have your parents’ permission to apply for services hereunder); and (vi) you agree to comply with all applicable laws and regulations.
11. MODIFICATIONS TO AGREEMENT. Except as otherwise provided in this Agreement, you agree during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the Services provided under this Agreement at any time. Any such revision or change will be binding and effective 30 days after posting of the revised Agreement or change to the service(s) on Public Domain Registry .CO Registrations Websites, or upon notification to you by email or United States mail. You agree to periodically review our Websites, including the current version of this Agreement available on our Websites, 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. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, except as expressly noted otherwise in one or more of the Schedules to this Agreement, but you will not incur any additional fees. By continuing to use Public Domain Registry .CO Registrations Services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Website of a general informational nature. No employee, contractor, agent or representative of Public Domain Registry .CO Registrations is authorized to alter or amend the terms and conditions of this Agreement.
12. AGENTS. You agree that, if your agent, (e.g., your Primary Contact or Account Administrative Contact, Internet Service Provider, employee) purchased our service(s) on your behalf, you are nonetheless bound as a principal by all terms and conditions herein, including the domain name dispute policy. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name, account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent.
13. OTHER POLICIES. In addition to the terms and conditions set forth in this Agreement, the purchase of services may make other Public Domain Registry .CO Registrations Policies applicable to you and the use of our services. In making a purchase of our services, you agree to the terms set forth in these policies. Public Domain Registry .CO Registrations reserves the right to make changes to these policies. You agree to periodically review the policies in our Terms of Use to be aware of any such revisions.
14. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to refuse to register your chosen domain name, issue you a digital certificate, or register you for other Public Domain Registry .CO Registrations service(s), or to delete your chosen domain name within the first thirty (30) calendar days from receipt of your payment for such services. In the event we do not register your chosen domain name, issue you a digital certificate, or register you for other Public Domain Registry .CO Registrations service(s), or we delete your chosen domain name or other Public Domain Registry .CO Registrations service(s) within such thirty (30) calendar day period, we agree to refund any applicable fee(s) you have paid. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register your chosen domain name, refusal to issue a digital certificate, the deletion of your chosen domain name or refusal to register you for other Public Domain Registry .CO Registrations service(s).
15. NOTICES AND ANNOUNCEMENTS. (a) Except as expressly provided otherwise herein, all notices to Public Domain Registry .CO Registrations shall be in writing and delivered via overnight courier or certified mail, return receipt requested to Public Domain Registry .CO Registrations, LLC, Attention: Legal Department, 13861 Sunrise Valley Drive, Herndon, Virginia 20171. All notices to you shall be delivered to your mailing address or email address as provided in your account information (as updated by you pursuant to this Agreement) or to any email address associated with your domain name registration(s) with Public Domain Registry .CO Registrations. (b) You authorize us to contact you as our customer via telephone, at the number provided by you in your account information (as updated by you pursuant to this Agreement), which telephone number is incorporated herein by reference, email or postal mail regarding information that we deem is of potential interest to you. Notices and announcements may include commercial emails, telephone solicitations and other notices describing changes, upgrades, new products and services or other information pertaining to Internet security or to enhance your identity on the Internet and/or other relevant matters.
16. SEVERABILITY. You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, in whole or in part, that term or provision will not affect the remainder of this Agreement; this Agreement will be deemed amended to the extent necessary to make this Agreement enforceable, valid and, to the maximum extent possible consistent with applicable law, consistent with the original intentions of the parties; and the remaining terms and provisions will remain in full force and effect.
17. ENTIRE AGREEMENT. You agree that this Agreement, the rules and policies incorporated by reference in this Agreement (including, without limitation, the dispute policy and the privacy statement) are the entire, complete and exclusive agreement between you and us regarding our services and supersede all prior agreements and understandings, whether written or oral, or whether established by custom, practice, policy or precedent, with respect to the subject matter of this Agreement, including, without limitation, any purchase order provided by you for the services.
18. ASSIGNMENT AND RESALE. Except as otherwise set forth herein, your rights under this Agreement are not assignable or transferable. Any attempt by your creditors to obtain an interest in your rights under this Agreement, whether by attachment, levy, garnishment or otherwise, renders this Agreement voidable at our option. You agree not to reproduce, duplicate, copy, sell, resell or otherwise exploit for any commercial purposes any of the services (or portion thereof) without Public Domain Registry .CO Registrations prior express written consent.
19. GOVERNING LAW.
a. You and Public Domain Registry .CO Registrations agree that this Agreement and any disputes hereunder shall be governed in all respects by and construed in accordance with the laws of the Commonwealth of Virginia, United States of America, excluding its conflict of laws rules. You and we each agree to submit to exclusive subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division for any disputes between you and Public Domain Registry .CO Registrations under, arising out of, or related in any way to this Agreement (whether or not such disputes also involve other parties in addition to you and Public Domain Registry .CO Registrations). If there is no jurisdiction in the United States District Court for the Eastern District of Virginia, Alexandria Division, for any such disputes, you and we agree that exclusive jurisdiction and venue shall be in the courts of Fairfax County, Fairfax, Virginia.
b. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement.
c. The application of the United Nations Convention of Contracts for the International Sale of Goods is expressly excluded.
20. AGREEMENT TO BE BOUND. By applying for a Public Domain Registry .CO Registrations service(s) through our online application process or otherwise, or by using the service(s) provided by Public Domain Registry .CO Registrations under this Agreement, you acknowledge that you have read and agree to be bound by all terms and conditions of this Agreement and documents incorporated by reference.
21. INDEPENDENT PARTIES. Neither party nor their employees, consultants, contractors or agents are agents, employees or joint ventures of the other party, and they do not have any authority to bind the other party by contract or otherwise to any obligation. Each party shall ensure that the foregoing persons shall not represent to the contrary, either expressly, implicitly, by appearance or otherwise. Except as otherwise expressly stated herein, we agree there shall be no third party beneficiaries to this Agreement.
22. WAIVER. No waiver of any provision of this Agreement shall be effective unless it is in writing and signed by an authorized representative of Public Domain Registry .CO Registrations. The remedies of Public Domain Registry .CO Registrations under this Agreement shall be cumulative and not alternative, and the election of one remedy for a breach shall not preclude pursuit of other remedies. The failure of a party, at any time or from time to time, to require performance of any obligations of the other party hereunder shall not affect its right to enforce any provision of this Agreement at a subsequent time, and the waiver of any rights arising out of any breach shall not be construed as a waiver of any rights arising out of any prior or subsequent breach.
23. EXPORT RESTRICTIONS. You acknowledge and agree that you shall not import, export, or re-export directly or indirectly, any commodity, including your products incorporating or using any Public Domain Registry .CO Registrations services in violation of the laws and regulations of any applicable jurisdiction.
24. U.S. Government Users. In the event any software is provided by Public Domain Registry .CO Registrations to a U.S. Government User, the software and accompanying documentation which are used as part of the Public Domain Registry .CO Registrations service are “commercial items,” as such terms are defined at 48 C.F.R. 2.101 (Revised Oct 2002), consisting of “commercial computer software” and “commercial computer software documentation,” as such terms are used in 48 C.F.R. 12.212 (Revised Oct 2002) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (Revised Oct 2002), all U.S. Government entities acquiring the use of the Service and accompanying documentation shall have only those rights set forth herein.
25. FORCE MAJEURE. Neither party shall be deemed in default hereunder, nor shall it hold the other party responsible for, any cessation, interruption or delay in the performance of its obligations hereunder due to causes beyond its control including, but not limited to: earthquake; flood; fire; storm; natural disaster; act of God; war; terrorism; armed conflict; labor strike; lockout; boycott; supplier failures, shortages, breaches, or delays; or any law, order regulation, direction, action or request of the government, including any federal, state and local governments having or claiming jurisdiction over Public Domain Registry .CO Registrations, or of any department, agency, commission, bureau, corporation or other instrumentality of any federal, state, or local government, or of any civil or military authority; or any other cause or circumstance, whether of a similar or dissimilar nature to the foregoing, beyond the reasonable control of the affected party, provided that the party relying upon this section (i) shall have given the other party written notice thereof promptly and, in any event, within five (5) days of discovery thereof and (ii) shall take all steps reasonably necessary under the circumstances to mitigate the effects of the force majeure event upon which such notice is based; provided further, that in the event a force majeure event described in this Section extends for a period in excess of thirty (30) days in the aggregate, Public Domain Registry .CO Registrations may immediately terminate this Agreement.
26. HEADINGS. The section headings appearing in this Agreement are inserted only as a matter of convenience and in no way define, limit, construe or describe the scope or extent of such section or in any way affect such section.
28. SURVIVAL. In the event this Agreement terminates as provided herein, Sections 1, 2, 3, 6, 7, 8, 9, 10(c), 10(d), 11, 14, 15, and 17 through 29 of this Agreement shall survive such expiration or termination.
SERVICE SPECIFIC TERMS: The following terms apply in addition to Sections 1 through 28 only if you have purchased the particular Service described or if the Service was purchased as part of a bundled solution:
SCHEDULE A TO PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO REGISTRANTS OF DOMAIN NAMES
The terms in this Schedule apply to the registration and use of a domain name.
1. Security. Public Domain Registry .CO Registrations does not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity.
2. Fees and Payment. Initial domain name registrations, and domain name registrations that have passed the registration agreement’s anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request Public Domain Registry .CO Registrations to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are routinely deleted on a regular basis.
3. Transfers and Licensing of Use. 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 us. In addition, you agree that you may not transfer your domain registration to another domain name registrar for thirty (30) days after there has been a change in your Primary Contact information or WHOIS Administrative Contact information for your account(s). You may transfer your domain name registration to a third party of your choice, subject to the procedures and conditions incorporated herein by reference. Even if you license the use of our domain name registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee’s wrongful use of our domain name registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm.
4. Public Domain Registry .CO Registrations’ Disclosure of Certain Information. Subject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to Public Domain Registry .CO Registrations the right to disclose to third parties through an interactive publicly accessible registration database (such as WHOIS) the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), email address(es), voice telephone number and where available the fax number(s) of the technical, administrative and billing contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. If you are an individual who wishes to opt out of having your information displayed in the WHOIS database, you must choose the Private Registration service that is described in Schedule D to this Agreement. You consent to allow us to transmit this registration data to an ICANN approved or designated escrow agent who stores this information pursuant to ICANN requirements. You also grant to Public Domain Registry .CO Registrations the right to make this information available in bulk form to third parties who agree not to use it to (a) allow, enable or otherwise support the transmission of mass unsolicited, commercial advertising or solicitations via telephone, facsimile, or email (spam) or (b) enable high volume, automated, electronic processes that apply to our systems to register domain names.
5. Domain Name Dispute Policy. If you registered a 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. The current version of the domain name dispute policy may be found at our Website: http://www.icann.org/dndr/udrp/policy.htm. In the event of any inconsistency between the provisions in this Agreement and those in the domain name dispute policy, the provisions of this Agreement shall prevail.
6. 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 Website 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.
7. Domain Name Disputes Brought by Third Parties. 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. For the adjudication of any disputes brought by a third party against you concerning or arising from your use of a domain name registered with us or your use of our domain name registration services, you (but not Public Domain Registry .CO Registrations) agree to submit to subject matter jurisdiction, personal jurisdiction and venue of the United States District Court for the Eastern District of Virginia, Alexandria Division and the courts of your domicile. 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. You agree that we will comply with all court orders, domestic or international, directed against you and/or the domain name registration.
8. No Guaranty. You agree that, by registration of your chosen domain name, such registration does not confer immunity from objection to either the registration or use of your domain name.
9. Revocation. You agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to: (i) correct mistakes made by us, another registrar or the registry in registering your chosen domain name: (ii) to resolve a dispute under our domain name dispute policy: or (iii) to remedy an unauthorized change in the domain name account.
10. Survival. In the event the Agreement or this Schedule terminates, Sections 3, 4, 5, 6, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, and 20 of this Schedule shall survive such expiration or termination.
11. Requests to Change Registrar; Transfers Generally. You agree that Public Domain Registry .CO Registrations may deny any request to transfer a domain name registration that is otherwise capable of transfer to another registrar where you fail to respond appropriately to a transfer confirmation request from Public Domain Registry .CO Registrations. Furthermore, you acknowledge and agree that pursuant to applicable policies adopted by the Internet Corporation for Assigned Names and Numbers (“ICANN”) related to the transfer of domain names it is possible for your domain name to be transferred to another registrar even though the transfer has not actually been approved by you, and you agree that we shall not be liable to you for any such unauthorized transfers. You also acknowledge and agree that we cannot control and shall not be liable to you for the actions of third parties, including but not limited to registry operators, in connection with a domain name transfer, or a reversal of or refusal to reverse a domain name transfer, whether or not the transfer was approved by you.
14. Grace Period; IP Address Changes; Renewal and Transfer of Expired Domain Names on Your Behalf. You agree that we may, but are not obligated to, allow you to renew your domain name registration services after the domain name expiration date has passed. You agree that after the expiration date of the domain name registration and before it is deleted or renewed, we may direct the domain name to an IP address designated by us, including, without limitation, to an IP address which hosts a parking, under construction or other temporary page that may include promotions and advertisements for, and links to, Public Domain Registry .CO Registrations’ Website, Public Domain Registry .CO Registrations product and service offerings, third-party Websites, third-party product and service offerings, and/or Internet search engines, and you agree that we may place our contact information in the WHOIS output for the expired domain name. Should you not renew the domain name during any applicable grace period, you agree that unless you notify us to the contrary we may, in our sole discretion, renew and transfer the domain name to Public Domain Registry .CO Registrations or a third party on your behalf (such a transaction is hereinafter referred to as a “Direct Transfer”), and your failure to so notify us after the domain name expiration date shall constitute your consent to such a Direct Transfer. In the event we are able to identify such a third party (the “Direct Transfer Customer”) and effectuate such a Direct Transfer, we will notify you via email after the transaction is completed (“Direct Transfer Notification”). Additionally, you will be eligible to receive a portion of the funds received by us as a result of a Direct Transfer of the domain name, as follows: (i) if you registered the domain name with Public Domain Registry .CO Registrations directly through our Website, you will be eligible to receive twenty percent (20%) of the Net Proceeds received by us from our third party vendor as a result of a Direct Transfer; and (ii) if you registered the domain name with Public Domain Registry .CO Registrations through a third party agent (such as your ISP, for example), you will be eligible to receive fifteen percent (15%) of the Net Proceeds received by us from our third party vendor as a result of a Direct Transfer. You acknowledge and agree that the Direct Transfer process may be facilitated through a single Direct Transfer Customer, or through a brief auction involving multiple parties who are interested in the domain name. For purposes of this paragraph, “Net Proceeds” shall mean the total fees paid to us by our third party vendor as a result of a Direct Transfer, less any registry fees, credit card charge- backs, processing and check fees, and other costs or fees associated with the Direct Transfer of the domain name. You agree that we shall have no obligation to pay you, and you shall have no right to receive, any percentage of the Net Proceeds unless, within ninety (90) days after the date of our Direct Transfer Notification, you first provide us with the name, address and related information requested by us (including, but not limited to, a Form W-9, if applicable) in our Direct Transfer Notification. We cannot guarantee, and we make no representation or promise, that any Direct Transfer will occur with respect to any particular domain name. You also agree that in the event your domain name services are terminated by us pursuant to this Agreement, we may transfer your domain name registration to Public Domain Registry .CO Registrations or a third party, without any liability to you or obligation to compensate you in connection therewith.
17. Sharing of Information. You also acknowledge and agree that Public Domain Registry .CO Registrations will share with each applicable domain name registry which provides Country Code Top Level Domains (“ccTLDs”) or Generic Top Level Domains (“gTLDs”) services, certain information submitted by you in your application(s) for our services, as required by our agreement(s) with the applicable registry or to provide the services you have applied for. You also acknowledge and consent to the use, copying, distribution, publication, modification and other processing of your personal data by the applicable registry and its designees and agents in connection with the applicable registry’s service obligations to us or third parties, or as otherwise deemed necessary by the registry to fulfill the registry’s service obligations to us or any third party.
18. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the provision of services by third parties, such as the registry for each ccTLD or gTLD. We cannot control and will not be responsible for the actions or inactions of such third parties. For example, each registry has reserved the right to deny, cancel or transfer any domain name registration under certain circumstances. You acknowledge and agree that we shall not be liable to you or any other party in connection with claims, damages, losses, expenses or costs incurred or suffered by you as a result of actions taken or not taken by third parties, including, but not limited to, the applicable registry for your ccTLD or gTLD.
19. No Guarantees. We make no guarantees, representations or warranties that your proposed registration request for a domain name will be accepted by the applicable registry. You acknowledge and agree that the proposed registration request for a domain name(s) submitted by Public Domain Registry .CO Registrations to any registry may fail or be rejected by the applicable registry for any number of reasons, including, but not limited to, the fact that your proposed registration request for a domain name was not first in time. You acknowledge and agree that the successful registration will depend upon a number of different factors that Public Domain Registry .CO Registrations cannot predict or control.
20. Indemnification. In addition to Section 8 of the General Provisions of this Agreement on Indemnity, you are to indemnify, release, defend and hold Public Domain Registry .CO Registrations, and each applicable registry for each ccTLD or gTLD harmless for all liabilities, claims, damages, costs and expenses arising out of: (a) your breach of any terms of each Schedule applicable to the domain name you have registered; (b) any violation of a third party’s right related to your registration; (c) any dispute with the applicable registry or a third party arising out of your registration; (d) any dispute related to the submission of your registration to the applicable registry; or (e) any use of the domain name(s) that you register with the applicable registry.
21. Disclaimer Concerning Intellectual Property Protection. YOUR REGISTRATION OF A DOMAIN NAME DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY PROTECTIONS, RIGHTS OR REGISTRATIONS, NOR DOES IT PROVIDE YOU WITH ANY RIGHTS TO ANY PARTICULAR DOMAIN NAME REGISTRATION.
SCHEDULE B TO PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS SERVICE AGREEMENT
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .CO TLD.
1. You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement
i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/dndr/udrp/policy.htm;
ii) (For registration agreements relating to Sunrise Registrations only:) The Sunrise and Land rush Launch and Registration Rules, available at http://www.cointernet.co/domain/policies-procedures
2. Registration requests during the Sunrise and Land rush Periods. When you submit a .co registration request, you are authorizing us to attempt to obtain a domain name in the .co TLD (as described on our website and herein) for you if and when .CO Internet S.A.S. (the “.co Registry”) launches its sunrise, land rush and open-registration period. Public Domain Registry .CO Registrations will submit all registration requests during the sunrise, land rush periods and the .co Registry will review all proposed registration requests.
3. Charges. By submitting your .co sunrise registration request, you authorize us to charge you for any proposed registrations we undertake on your behalf that are submitted to .co Registry. Proposed sunrise and land rush registration requests that are rejected by .co Registry will still be charged an administrative fee that will not be refunded to you. Sunrise and land rush fees, registration fees and other applicable fees may also apply and you will be charged when your proposed registration request is submitted to the .co Registry. Successful .co domain name registration requests will be subject to the terms of this Agreement, including this Schedule.
4. Ban on and Revocation of Certain Domain Names. You agree that the .co Registry has identified certain domain names that can not be registered during the sunrise and land rush registration periods. You understand that the .co Registry may also revoke a domain name at its own initiative for a variety of reasons including, but not limited to, violations of any policy or agreement cited above.
5. Right to Deny, Cancel or Transfer Registration. In addition to Public Domain Registry .CO Registrations’ ability to deny, terminate, or suspend services, as provided in the Agreement and Schedule A, you acknowledge and agree that the .co Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the .co Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; (v) or to correct mistakes made by the .co Registry or any registrar in connection with a domain name registration, and the .co Registry also reserves the right to freeze a domain name during resolution of a dispute.
6. Indemnity. In addition to Section 8 of the General Provisions of this Agreement on Indemnity, you agree to indemnify, defend, and hold harmless the .co Registry, its service providers, subcontractors, and their respective directors, officers, employees, affiliates and agents from and against any and all claims, damages, liabilities, costs, and expenses, including reasonable attorneys fees and expenses, arising out of or relating to the registered .co domain name.
7. Representations and Warranties. By submitting a request for a .co domain name, you represent and warrant that: (i) to your knowledge, the registration of your requested .co domain name does not and will not infringe upon or otherwise violate the rights of any third party; (ii) you are not submitting the request for a domain name for an unlawful purpose and you will not use the domain name for any unlawful purpose; (iii) you are not knowingly using the domain name in violation of any applicable laws, regulations or rights of third parties; and (iv) that you will use the .co domain name in accordance with all ICANN requirements and policies.
8. Jurisdiction for Certain Disputes and Governing Law. You agree that any disputes between you and the .co Registry (but not with Public Domain Registry .CO Registrations) shall be subject to the laws of Columbia and the exclusive jurisdiction of the courts in Colombia. All disputes between you and Public Domain Registry .CO Registrations (regardless of the involvement of other parties) are subject to Section 21 (Governing Law) in the General Provisions of this Agreement.
SCHEDULE C TO PUBLIC DOMAIN REGISTRY .CO REGISTRATIONS SERVICE AGREEMENT
REGISTRANT NAME CHANGE AGREEMENT
1. The following additional terms and conditions (the “Registrant Name Change Agreement” or “RNCA”) apply to any change of the registrant (account holder’s) name for a second-level domain name (“Registrant Name Change”), and, unless specifically noted otherwise below, apply to you whether you are listed as the registrant before the change (the “Current Registrant”) or after the change (the “New Registrant”). The domain name for which this RNCA is being processed shall be referred to in this Schedule as the “Domain Name.” The RNCA shall not be effective until both the Current Registrant and the New Registrant have indicated their agreement to the terms and conditions of the Agreement (which includes the terms and conditions of this Schedule). You agree that we may void the RNCA and cancel the transfer to remedy an unauthorized change to a Registrant’s domain name account. Nothing contained in this Schedule shall be construed as an assignment of the Current Registrant’s rights under the Agreement. As used in this Schedule (as in the General Conditions), the word “Agreement” shall mean the Public Domain Registry .CO Registrations Service Agreement of which this Schedule is a part.
2. The terms in this section apply only to the Current Registrant. You agree that you and Public Domain Registry .CO Registrations are currently parties to the Agreement for the registration of the Domain Name(s). You hereby relinquish your registration of the Domain Name(s) and discharge Public Domain Registry .CO Registrations from all obligations under the Agreement, and you release Public Domain Registry .CO Registrations from all claims, liabilities or demands arising from the Agreement. You further acknowledge and agree that you are not entitled to a refund of any fees you may have paid to Public Domain Registry .CO Registrations. You hereby authorize Public Domain Registry .CO Registrations to take all steps necessary to register the Domain Name(s) to the New Registrant, including without limitation, disassociating the Domain Name(s) from the host servers designated by you without further notice. You represent and warrant that you possess the authority to legally bind the Current Registrant of the Domain Name(s) being transferred.
3. The terms in this section apply only to the New Registrant. You acknowledge that you have reviewed and you understand the terms, conditions, representations and warranties of the Agreement in effect as of the date of your application to become the New Registrant. By applying for this Registrant Name Change, you agree to be bound by and to perform in accordance with the terms and conditions of the Agreement, which includes Public Domain Registry .CO Registrations’ current Domain Name Dispute Policy. You also reaffirm the accuracy and completeness of all of the information submitted for the Registrant Name Change. Your registration of the Domain Name(s) shall be effective upon Public Domain Registry .CO Registrations’ transmission of an acknowledgement to you that the Domain Name(s) has been registered to the New Registrant. You agree to pay Public Domain Registry .CO Registrations the RNCA processing fee set forth on our Website, if any, by providing appropriate credit card information as requested. You represent and warrant that you are the New Registrant or possess the authority to legally bind the New Registrant of the Domain Name(s) being transferred. You acknowledge and agree that unless you register additional registration years for the Domain Name(s), the term of your registration of the Domain Name(s) will be equal to the remaining term of the Current Registrant at the time of the Registrant Name Change.