| |
xReg.co.uk
- Domain Name Registration Agreement
This is an agreement between "you" and xReg.co.uk. This
agreement explains the basis upon which the domain registration transactions between
you and xReg will take place and our responsibilities toward each other.
The term "you" and "your" shall refer to yourself. By entering
into this agreement, in addition to transactions entered into by you on your behalf,
you also agree to be bound by the terms of this agreement for transactions entered
into on your behalf by anyone acting as your Agent. You also agree to be
bound by the terms of this agreement for transactions entered into by anyone who
uses the account you've established with xReg, whether or not the transactions
were in your behalf.
To complete the registration process, you must read this entire agreement, as
well as our dispute policy and agree to be bound by all the terms and conditions.
You acknowledge that xReg is a registrar bound by an agreement between xReg and
its Top Level Registrar, the .UK Registry ("Nominet") and the Internet
Corporation for Assigned Names and Numbers ("ICANN"). You agree that xReg may
modify this agreement in order to comply with aplicable law and the terms and
conditions set forth.
You acknowledge that xReg's acceptance of any application made by you for services
provided by xReg will take place at xReg's offices located in London, England,
Great Britian.
1. Our Services:
xReg.co.uk has been granted the right to provide
Internet domain registration services for top-level domains. ICANN oversees registrations
and other aspects of the gTLDs. Nominet UK is the registry for the .UK top-level
domain. All domain name registrations we register for TLDs are not effective until
we have delivered the domain name registration information you provide us to the
registry administrator for the TLDs, as applicable, and the registry administrator
puts into effect your domain name registration. Currently, the registry administrator
for the .com and .net TLDs is Network Solutions, Inc. The registry administrator
for the .org TLD is Public Interest Registry, .biz TLD is NeuLevel, .info TLD
is Afilias Limited, .name is The Global Name Registry, Limited.
You agree and acknowledge that xReg is not liable
or responsible in any way for any errors, omissions or any other actions by the
registry administrator arising out of or related to your application and receipt
of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold
harmless the registry administrator and its directors, officers, employees, and
agents from and against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential damages
and reasonable legal fees and expenses) arising out of, or related to, your domain
name registration.
2. What We Do Not Do:
We cannot and do not check to see whether the
domain name you select, or the use you make of the domain name, infringes legal
rights of others. We urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider seeking one or
more trademark registrations in connection with your domain name. You should be
aware that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should also be aware that if we are
sued or threatened with lawsuit in connection with your domain name, we may turn
to you to hold us harmless and to indemnify us.
3. Fees:
As consideration for the domain name registration
services and/or other services provided by xReg to you, you agree to pay xReg,
prior to the effectiveness of the desired domain name registration, the applicable
service(s) fees for the initial registration of the domain name and, should you
choose to renew the registration, subsequent renewals of the registration. All
fees are non-refundable, in whole or in part, even if your domain name registration
is suspended, cancelled or transferred prior to the end of your then current registration
term. Your requested domain name will not be registered unless we receive actual
payment of the registration fee, or reasonable assurance of payment of the registration
fee from some other entity (such reasonable assurance as determined by xReg in
its sole discretion). As further consideration for the xReg service(s), you agree
to: (1) provide certain current, complete and accurate information about you as
required by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information shall
be referred to as account information ("Account Information"). In the
event of a charge back by a credit card company (or similar action by another
payment provider allowed by us) in connection with the payments of the registration
fee for your domain name registration, you agree and acknowledge that the domain
name registration shall be transferred to xReg as the paying entity for that registration
to the registry. We will reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial registration or renewal
fee and our then-current reinstatement fee, currently set at GBP£250. You
will be notified via an email message or via your account information when renewal
fees are due. Should these fees go unpaid within the time specified in a second
notice or reminder regarding renewal, your registration will be cancelled. Payment
must be made by credit card or such other method as we may indicate in the registration
application or renewal form. We will renew your name for you provided your credit
card or other billing information is available and up to date, unless you instruct
us otherwise within the time specified. If your billing information is not accurate
and you wish to renew your domain name registration, we will contact you to update
this information and charge you accordingly.
Domain Name Renewals. When You register
a domain name, You have the option to elect that the domain name be automatically
renewed upon reaching the expiration date. If You elect the automatic renewal
option, xReg will automatically renew, for a period of one year, any domain name
that is up for renewal and will either charge the credit card you have on file
with xReg or withdraw the amount from your xReg credit account, at xReg's then
current rates. Domain name renewals will be non refundable. If for
any reason xReg is not able to charge the credit card you have on file, and you
fail to respond to our notices, your domain name registration will expire.
It is your responsibility to keep your credit card information current, including
the expiration date. If You do not elect that the domain name be automatically
renewed, You have the responsibility of logging into your account manager for
that domain name and manually implementing the renewal by the expiration date
(should you in fact want the domain name to be renewed). In this case, if
you fail to manually implement the renewal in a timely fashion the domain name
will be cancelled and You will no longer have use of that name. You agree
that xReg will not be responsible for cancelled domain names that You fail to
renew, either automatically or manually.
4. Term of Agreement; Modifications
The term of this agreement shall continue in full force and effect as long as
you have any domain name registered through xReg. You agree that you will
not transfer any domain name registered through xReg to another domain name registrar
during the first sixty (60) days from its initial registration date.
You agree that xReg may modify this agreement from time to time. xReg may
also discontinue services it provides under this agreement. You agree to
be bound by any changes xReg may reasonably make to this agreement when such changes
become effective. Should you elect to cancel your agreement with xReg you
will not receive a refund for any fees you may have paid to xReg.
You agree that xReg shall not be bound by any representations made by third parties
who you may use to purchase services from xReg, and that any statements of a general
nature, which may be posted on xReg's web site or be contained in xReg's promotional
materials, will not bind xReg.
5. Up To Date Information; Use Of Information
You agree to notify xReg within 5 business days when any of the information you
provided as part of the application and/or registration process changes.
It is your responsibility to keep this information in a current and accurate status.
Failure by you, for whatever reason, to provide xReg with accurate and reliable
information on an initial and continual basis, shall be considered to be a material
breach of this agreement. Failure by you, for whatever reason, to respond
within five (5) business days to any inquiries made by xReg to determine the validity
of information provided by you, shall also be considered to be a material breach
of this agreement.
You agree that for each domain name registered by you the following information
will be made publicly available in the Whois directory as determined by ICANN
Policy and may be sold in bulk as set forth in the ICANN agreement:
The domain name
Your name and postal address
The email address, postal address, voice and fax numbers for technical and administrative
contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers
The original date of registration and expiration date
You agree that, to the extent permitted by ICANN, xReg may make use of the publicly
available information you provided during the registration process.
If you engage in the reselling of domain names you agree to provide any individuals
whose personal information you've obtained, information about the possible uses
of their personal information pursuant to ICANN policy. You also agree to
obtain consent, and evidence of consent, from those individuals for such use of
the personal information they provide.
6. Disclaimer and Domain Name Dispute
Policy:
If you request, reserved or registered a domain
name through us, or transferred a domain name to us from another registrar, you
agree to be bound by xReg's current Disclaimer published on our site ("Disclaimer")
and our current Domain Name Dispute Policy ("Dispute Policy") which
are incorporated herein and made a part of this Agreement by reference. The Disclaimer
can be found at http://www.xReg.co.uk/disclaimer.htm and the Dispute Policy can
be found at http://www.xReg.co.uk/drp.htm. Certain disputes, as specified in the
Dispute Policy, are subject to that Policy. You agree that, if the registration
or reservation of your domain name is challenged by a third party, you will be
subject to the provisions specified in the Dispute Policy in effect at the time
your domain name registration is disputed by the third party. You also agree that,
in the event a domain name dispute arises with any third party, you will indemnify
and hold xReg harmless pursuant to the terms and conditions contained in the Dispute
Policy.
7. Transfer to another Registrar:
You agree that you may not transfer your domain
name registration to another domain name registrar during the first sixty (60)
days from the effective date of your initial domain name registration with xReg.
You agree to pay any and all fees that may be charged by xReg to effect the transfer.
Your request to transfer to another registrar may be denied in situations described
in the Dispute Policy, including, but not limited to: a dispute over the identity
of the domain name holder; bankruptcy; and default in the payment of any fees.
When You transfer a .uk domain name to xReg, you
are eligable for a two year renewal. You agree that xReg will not renew the domain
you transferred until the domain is within 30 days of its expirey date. You agree
that if You Transfer Your .uk domain name before xReg has payed the two year renewal
to Nominet, xReg is no longer required to renew the domain name.
8. Account Information and Its Use:
a. Information You Are Required
to Submit.
As part of the registration process, you are required to provide certain information
and to update this information promptly as needed to keep it current, complete
and accurate. The information you are obligated to provide in connection with
the domain name you are registering is the following:
- The domain name being registered;
- The submission date and time of the registration
application to us and by us to the proper registry;
- Your (or The domain name holder's) name, postal
address, e-mail address, voice telephone number, and where available, fax number;
and
- The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the billing contact for the
domain name; and
- Valid payment information
You agree and acknowledge that when you renew
your domain name registration, the type of information you are required to provide
may have changed. If you do not wish to provide the new required information,
your registration may not be renewed.
All other information which we may request from
you at registration is voluntary. However, not providing the requested information
may prevent you from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
b. Additional Information Maintained
About Your Registration.
In addition to the information you provide, we maintain records relating to your
domain name registration. These records may include:
- The original creation date of the registration;
- The submission date and time of the registration
application to us and by us to the proper registry;
- Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related correspondence
between you and us;
- Records of account for your domain name registration,
including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and
any secondary nameservers for the domain name;
- The corresponding names of those nameservers;
- The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the technical contact for
the domain name;
- The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the zone contact for the
domain name;
- The expiration and renewal date of the registration;
- Information and copies in electronic or paper
form regarding all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating
to the Account Information.
In the event that, in registering the domain name, you are providing information
about or on behalf of a third party, you hereby represent that you have (a) provided
notice to that third party of the disclosure and use of that party's information
as set forth in this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's information as set forth
in this Agreement. By registering a name or applying for services you also represent
that the statements in its application are true and you also represent that the
Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate
information or willfully failing to update information promptly will constitute
a material breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You further agree that your failure to respond
for over ten (10) calendar days to inquiries by xReg concerning the accuracy of
contact details associated with your registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation of your
domain name registration.
d. Privacy Policy.
Disclosure and Use of Registration Information. You agree and acknowledge that
xReg will make available domain name registration information you provide or that
we otherwise maintain to ICANN, to the registry administrator(s), and to other
third parties as ICANN and applicable laws may require or permit. You further
agree and acknowledge that xReg may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration information
you provide, for purposes of inspection (such as through our "whois"
service) or for targeted marketing and other purposes as required or permitted
by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish
guidelines, limits and/or requirements that relate to the amount and type of information
that xReg may or must make available to the public or to private entities, and
the manner in which such information is made available.
You hereby consent to any and all such disclosures
and use of, and guidelines, limits and restrictions on disclosure or use of, information
provided by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of your domain name
registration and other information by xReg.
You may access your domain name registration information
in our possession to review, modify or update such information, by accessing your
account at our web site (http://www.xReg.co.uk), or via a similar service. In
order to change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account with us.
Please safeguard your Account Identifier and Password from any unauthorized use.
You agree that any person in possession of you Account Identifier and Password
will have the ability and your authorization to modify your account information.
In no event will we be liable for the unauthorized use or misuse of your Account
Identifier or Password. xReg will take reasonable precautions to protect the information
it obtains from you from our loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information.
9. Ownership of Information and Data:
You agree and acknowledge that xReg owns all database,
compilation, collective and similar rights, title and interests worldwide in our
domain name database, and all information and derivative works generated from
the domain name database. You further agree and acknowledge that we own the following
information for those registrations for which we are the registrar: (a) the original
creation date of the registration, (b) the expiration date of the registration,
(c) the name, postal address, e-mail address, voice telephone number, and where
available fax number of all contacts for the domain name registration, (d) any
remarks concerning the registered domain name that appear or should appear in
the WHOIS or similar database, and (e) any other information we generate or obtain
in connection with the provision of domain name registration services, other than
the domain name being registered, the IP addresses of the primary nameserver and
any secondary nameservers for the domain name, and the corresponding names of
those nameservers. xReg does not have any ownership interest in your specific
personal registration information outside of its rights in our domain name database.
You agree and acknowledge that that in the event
You decide to delete a domain name, ownership of Your domain name will automatically
revert back to xReg and xReg will gain full rights of ownership to such domain
name(s).
10. Agents and Licenses:
You agree that, if you are registering a domain
name for or on behalf of someone else, you represent that you have the authority
to nonetheless bind that person as a principal to all terms and conditions provided
herein, including the Dispute Policy.
You agree that if you license the use of the domain
name registered to you to a third party, you nonetheless remain the domain name
holder of record, and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing (and updating,
as necessary) both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to facilitate timely
resolution of any problems that arise in connection with the domain name and domain
name registration.
11. Announcements:
We reserve the right to distribute information
to you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
12. Limitation of Liability:
You agree that xReg's entire liability to you
under this agreement, and your only remedy, in connection with any service provided
by xReg to you under this agreement, and for any breach of this agreement by xReg,
shall be limited to the fees you paid to xReg for the particular service in contention.
XREG AND ITS AGENTS AND CONTRACTORS SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT,
INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES RESULTING FROM THE USE OR INABILITY
TO USE ANY OF xReg'S SERVICES OR FOR THE COST OF OBTAINING SUBSTITUTE SERVICES.
BECAUSE CERTAIN STATES DO NOT PERMIT THE LIMITATION OF ELIMINATION OF LIABILITY
FOR CERTAIN TYPES OF DAMAGES, xReg'S LIABILITY SHALL BE LIMITED TO THE SMALLEST
AMOUNT PERMITTED BY LAW.
XREG DISCLAIMS ANY LOSS OR LIABILITY RESULTING FROM:
- access delays or interruptions to our web site
or domain name registration system
- data non-delivery or misdelivery between you
and xReg
- events beyond our control (i.e. acts of God)
- the loss of registration or processing of a domain
name or the use of a domain name
- the failure for whatever reason to renew a domain
name registration
- the unauthorized use of your account with xReg
or any of the services provided to you by xReg
- errors, omissions or misstatements
- deletion of, failure to store, or failure to
process or act upon email messages
- processing of updated information to your registration
record
- development or interruption of your web site
- errors taking place with regard to the processing
of your application
- application of xReg's Dispute Resolution Policy
- any act or omission caused by you or your agent
(whether authorized by you or not)
13. Indemnity:
You agree to release, indemnify, and hold all
Registry Operators, xReg, their contractors, agents, employees, officers, directors
and affiliates harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement, the xReg services
provided hereunder or your use of the xReg services, including without limitation
infringement by you, or someone else using any xReg service with your computer,
of any intellectual property or other proprietary right of any person or entity,
or from the violation of any xReg operating rule or policy relating to the service(s)
provided. When xReg is threatened with suit by a third party, xReg may seek written
assurances from you concerning your promise to indemnify xReg; your failure to
provide those assurances may be considered by us to be a breach of your Agreement
and may result in deactivation of your domain name. This indemnification is in
addition to any indemnification required under the Dispute Policy.
14. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE
AND BELIEF, NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH
IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY.
YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION SERVICES
ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH
OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION
SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS
FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, XREG MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME
UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME
REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED
OR OTHERWISE OBTAINED THROUGH THE USE OF THE xReg'S E-MAIL FORWARDING OR OTHER
EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS
FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. xReg MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE OR ANY
TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM xReg OR THROUGH THE E-MAIL SERVICE
SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT
ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY
NOT APPLY TO YOU.
15. Breach and Revocation:
xReg reserves the right to suspend, cancel, transfer
or modify your domain name registration or suspend, cancel or modify other services
we provide in the event (a) you materially breach this Agreement (including the
Dispute Policy) and do not cure such breach within thirty (30) days of notice
by xReg, (b) you use the domain name registered to you to send unsolicited commercial
advertisements in contradiction to either applicable laws or customary acceptable
usage policies of the Internet, (c) you use your domain name in connection with
unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer
or other modification as provided for in this Agreement. You further acknowledge
and agree that your registration of a domain name is subject to suspension, cancellation
or transfer by any ICANN procedure, by any registrar (including xReg) or registry
administrator procedures approved by an ICANN-adopted policy, (1) to correct mistakes
by xReg, another registrar or the registry administrator in administering the
name or (2) for the resolution of disputes concerning the domain name.
You also agree that xReg shall have the right
in its sole discretion to suspend, cancel, transfer or otherwise modify a domain
name registration upon seven (7) calendar days prior written notice, or at such
time as xReg receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation transfer
or modification of the domain name registration.
16. Right Of Refusal:
We, in our sole discretion, reserve the right
to refuse to register or reserve your chosen domain name or register you for other
xReg service(s), or to delete your domain name within thirty (30) calendar days
from receipt of your payment for such services. In the event we do not register
or reserve your domain name or register you for other xReg service(s), or we delete
your domain name or other xReg service(s) within such thirty (30) calendar day
period, we agree to refund your applicable fee(s). You agree that we shall not
be liable to you for loss or damages that may result from our refusal to register
or reserve, or delete your domain name or register you for other xReg service(s)
17. Governing Law:
Except as otherwise set forth in the Dispute Policy
with respect to disputes, this Agreement, your rights and obligations and all
actions contemplated by this Agreement shall be governed by the laws of the Unitied
Kingdom of Great Britian. Except as otherwise set forth in the Dispute Policy
with respect to disputes, any action to enforce this Agreement or any matter relating
to your use of the xReg site shall be brought exclusively in the English Courts.
18. Notices:
You agree that all notices (except for notices
concerning breach of this agreement) from xReg to you may be posted on our web
site and will be deemed delivered within thirty (30) days after posting.
Notices concerning breach will be sent either to the email address you have on
file with xReg or mailed first class postage to the postal address you have on
file with xReg. In both cases, delivery shall be deemed to have been made
five (5) days after the date sent.
Notices from you to xReg shall be made either by email.
Delivery shall be deemed to have been made by you
to xReg five (5) days after the date sent.
19. Infancy:
You attest that you are of legal age to enter
into this Agreement.
20. General:
This Agreement, xReg's Disclaimer and the Dispute
Policy, together with all modifications, constitute the complete and exclusive
agreement between you and xReg, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Policy shall be
construed as creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of xReg to require your performance of any provision
hereof shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by xReg of a breach of any provision hereof be
taken or held to be a waiver of the provision itself. In the event that any provision
of this Policy shall be unenforceable or invalid under any applicable law or be
so held by applicable court decision, such unenforceability or invalidity shall
not render this Policy unenforceable or invalid as a whole. xReg will amend or
replace such provision with one that is valid and enforceable and which achieves,
to the extent possible, the original objectives and intent of xReg as reflected
in the original provision. This Agreement, xReg's Disclaimer and the Dispute Policy
may not be amended or modified by you except by means of a written document signed
by both you and an authorized representative of xReg.
21. Additional Registry Requirements
Listed below are additional contractual requirements
that you, the registrant, must agree to should you desire to register a domain
name in these registries.
(.CC, .BZ, .NU, .TM, .TV, .WS)
In addition to the terms set forth above, the following terms shall apply to registrants
of .CC, .BZ, .NU, .TM, .TV, .WS domain names. Your registration of a domain name
in the .CC, .BZ, .NU, .TM, .TV, .WS top-level domain ("New TLD Domain Name"),
is subject to policies established or revised from time to time by the registry
for such New TLD Domain Name ("New TLD Registry"), in its capacity as
the registry for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you
to review at each New TLD's respective website. You agree to be bound by and comply
with the applicable New TLD Registry Policies, including amendments and modifications
thereto, with respect to your New TLD Domain Name registration. Such policies
shall not alter the terms and conditions of this Agreement. To the extent there
is a conflict between the New TLD Registry policies and the terms of this Agreement,
the terms of this Service Agreement shall prevail. You agree that the New TLD
Registry has the right to enforce the New TLD Registry Policies.
(.INFO) Should you seek to register
a .INFO second level domain name you, the registrant, must agree to the following
terms:
| (i) |
consent to the use, copying, distribution,
publication, modification and other processing of Registered Name Holder's Personal
Data by the .info Registry Operator and its designees and agents; |
| (ii) |
submit to proceedings commenced under
ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise
Dispute Resolution Policy ("SDRP"); |
| (iii) |
immediately correct and update the
registration information for the Registered Name during the registration term
for the Registered Name; and |
| (iv) |
acknowledge that the Registry Operator
will have no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation: (a) the ability or inability of a registrant to
obtain a Registered Name during these periods, and (b) the results of any dispute
over a Sunrise Registration. |
Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements
set forth by Afilias for domain names registered during the Sunrise Period, including
the mandatory Sunrise Dispute Resolution Policy. These policies are subject to
modification.
Registrant agrees to immediately correct and
update the registration information for the Registered Name during registration
term for the Registered Name, failure to correct this information shall constitute
a breach of this Agreement.
Registrant acknowledges that Afilias, the registry
operator for .INFO, will have no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the Sunrise Period or
the Land Rush Period, including, without limitation: (a) the ability or inability
of a registrant to obtain a Registered Name during these periods, and (b) the
results of any dispute over a Sunrise Registration.
Registrar and Afilias, the registry operator
for .INFO, expressly reserve the right to deny, cancel or transfer any registration
that it deems necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of Registrar and/or
Afilias as well as their affiliates, subsidiaries, officers, directors and employees.
Registrar and Afilias also reserve the right to freeze a domain name during resolution
of a dispute.
(.BIZ)
Should you seek to register a .BIZ second level domain name you, the registrant,
must agree to the following terms:
- BIZ RESTRICTIONS. Registrations in the .biz
TLD must be used or intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions ("Restrictions"),
"bona fide business or commercial use" shall mean the bona fide use
or bona fide intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to access one
or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any kind; or,
b) the ordinary course of trade or business.Registering a domain name solely for
the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. the unsolicited offering to sell, trade or lease the domain name for compensation
shall not constitute a"bona fide business or commercial use" of that
domain name.
- BIZ CERTIFICATION. As a .biz domain name registrant,
you hereby certify to the best of your knowledge that:
The registered domain name will be used primarily for bona fide business or commercial
purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation, or
b. the unsolicited offering to sell, trade or lease the domain name for compensation.
For more information on the .biz restrictions, which are incorporated herein by
reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into the registration
agreement; and
2. the registered domain name is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration process, you are
required to Provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes (i) your
full name, postal address, e-mail address, voice telephone number, and fax number
if available; (ii) the name of an authorized person for contact purposes in the
case of a registrant that is an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any secondary nameserver(s) for
the domain name; (iv) the corresponding names of those nameservers; (v) the full
name, postal address, e-mail address, voice telephone number, and fax number if
available of the technical contact for the domain name; (vi) the full name, postal
address, e-mail address, voice telephone number, and fax number if available of
the administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the billing
contact for the domain name; and (viii) any remark concerning the registered domain
name that should appear in the Whois directory. You agree and understand that
the foregoing registration data will be publicly available and accessible on the
Whois directory as required by ICANN/Registry Policy and may be sold in bulk in
accordance with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant that the data
provided in the domain name registration application is true, correct, up to date
and complete and that you will continue to keep all the information provided up
to date. Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any failure
to respond for over five calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then appearing in
the Whois directory with respect to an domain name concerning the accuracy of
contact details associated with any registration(s) or the registration of any
domain name(s) registered by or through you or your account, shall constitute
a breach of this Agreement. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY. If you reserved or
registered a .biz domain name through us, you agree to be bound by our current
domain name dispute policy that is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with that
policy. In addition, you hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the following documents,
as they may be amended from time to time, which are hereby incorporated and made
an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between
a registrant of a .biz domain name ("Registrant") with any third party
(other than Registry Operator or Registrar) over the registration or use of a
.biz domain name registered by Registrant that is subject to the Intellectual
Property Claim Service. The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain name has been registered in which that Claimant claims
intellectual property rights. In accordance with the STOP and its associated Rules,
those Claimants will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and
conditions in connection with a dispute between a Registrant and any party other
than the Registry Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with a dispute between
a Registrant and any party other than the Registry Operator or Registrar over
the registration and use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain name is
not used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute provider.
None of the violations of the Restrictions will be enforced directly by or through
Registry Operator. Registry Operator will not review, monitor, or otherwise verify
that any particular domain name is being used primarily for business or commercial
purposes or that a domain name is being used in compliance with the SUDRP or UDRP
processes.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You
agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge that if you
do not agree to any such modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your Agreement with us.
- DOMAIN NAME DISPUTES. You agree that, if your
use of our domain name registration services is challenged by a third party, you
will be subject to the provisions specified in our dispute policy in effect at
the time of the dispute. You agree that in the event a domain name dispute arises
with any third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are notified that
a complaint has been filed with a judicial or administrative body regarding your
use of our domain name registration services, you agree not to make any changes
to your domain name record without our prior approval. We may not allow you to
make changes to such domain name record until (i) we are directed to do so by
the judicial or administrative body, or (ii) we receive notification by you and
the other party contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree that if you
are subject to litigation regarding your registration and use of our domain name
registration services, we may deposit control of your domain name record into
the registry of the judicial body by supplying a party with a registrar certificate
from us.
- RESERVATION OF RIGHTS. xReg and the .biz Registry
Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on the part
of xReg and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. xReg and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
(.NAME)
Should you seek to register a .NAME second level domain name you, the registrant,
must agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to exclusively
pre-register on the .name space and create a protective barrier for their trademarks.
A "Defensive Registration" is a registration granted to a third party
of a specific string on the second or third level, or of a specific set of strings
on the second and third levels, which will not resolve within the domain name
system but may prevent the registration of the same string(s) on the same level(s)
by other third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for Phase I Defensive Registrations
("Phase I Defensive Registrants"), you own valid and enforceable trademark
or service mark registrations having national effect that issued prior to April
16, 2001 for strings that are identical to the textual or word elements, using
ASCII characters only, subject to the same character and formatting restrictions
as apply to all registrations in the Registry TLD. You understand that trademark
or service mark registrations from the supplemental or equivalent Registry of
any country, or from individual states or provinces of a nation, will not be accepted.
Subject to the same character and formatting restrictions as apply to all registrations
in the Registry TLD, if a trademark or service mark registration incorporates
design elements, the ASCII character portion of that mark may qualify to be a
Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive Registration for
any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall comply with the following
Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of which is subject
to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or overlapping Defensive
Registrations upon payment by each of a separate registration fee;
(iii) The Defensive Registrant must provide the information requested in Section
3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts with a then-existing
Personal Name Registration or other reserved word or string.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and accurate.
You must provide contact information, including name, email address, postal address
and telephone number, for use in disputes relating to the Defensive Registration.
You understand and agree that this contact information will be provided as part
of the Whois record for the Defensive Registration. You further understand that
the foregoing registration data may be transferred outside of the European Community,
such as to the United States, and you expressly consent to such export.
(b) In addition to the information provided in subsection (a) above, Phase I Defensive
Registrants must also provide (1) the name, in ASCII characters, of the trademark
or service mark being registered; (2) the date the registration issued; (3) the
country of registration; and (4) the registration number or other comparable identifier
used by the registration authority
(c) You hereby represent and warrant the data provided in the registration application
is true, correct, up-to-date and complete and that you will continue to keep all
of the information provided up-to-date. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update information provided
to us, or any failure to respond for over five (5) calendar days to our inquiries
addressed to the email address of the administrative, billing or technical contact
then appearing in the publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated with any
such Defensive Registration(s) registered by or through you or your account shall
constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree that: (i) the Defensive
Registration will be subject to challenge pursuant to the Eligibility Requirements
Dispute Resolution Policy ("ERDRP"); (ii) if the Defensive Registration
is successfully challenged pursuant to the ERDRP, the Defensive Registrant will
pay the challenge fees; and (iii) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in Section 2(h) of Appendix
L to the agreement of Global Name Registry ("Registry Operator") with
the Internet Corporation for Assigned Names and Numbers ("ICANN"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration is successfully
challenged on the basis that it did not meet the applicable Eligibility Requirements,
the Defensive Registrant will thereafter be required to demonstrate, at its expense,
that it meets the Eligibility Requirements for Phase I Defensive Registrations
for all other Phase I Defensive Registrations that it registered within .name
through any Registrar. In the event that the Defensive Registrant is unable to
demonstrate the foregoing with respect to any such Phase I Defensive Registration(s),
those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to Defensive Registrations
within .name and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the Defensive Registration
after modifications to the dispute policy become effective, you have agreed to
these modifications. You acknowledge that if you do not agree to any such modification,
you may terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third party,
you will be subject to the provisions specified in our Defensive Registration
dispute policy in effect at the time of the dispute. You agree that in the event
a Defensive Registration dispute arises with any third party, you will indemnify
and hold xReg harmless pursuant to the terms and conditions set forth below in
this Agreement. If we are notified that a complaint has been filed with a judicial
or administrative body regarding your Defensive Registration, you agree not to
make any changes to your Defensive Registration record without our prior approval.
We may not allow you to make changes to such Defensive Registration record until
(i) we are directed to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your Defensive Registration
and use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your Defensive
Registration and use of our domain name registration services, we may deposit
control of your Defensive Registration record into the registry of the judicial
body by supplying a party with a Registrar certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to allow individuals
to share a part of their space. For example, if you have filed a Defensive Registration
on PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be
asked to give consent to John Pqr to register JOHN.PQR.name if he can prove that
PQR is his name. In such a circumstance, you will have five (5) days to respond
to a request for consent.
- .name REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an individual's "Personal
Name". For purposes of the .name restrictions (the "Restrictions"),
a "Personal Name" is a person's legal name, or a name by which the person
is commonly known. A "name by which a person is commonly known" includes,
without limitation, a pseudonym used by an author or painter, or a stage name
used by a singer or actor.
- .name CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the best of your knowledge
that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD") email
address is your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and accurate.
This information includes the information contained in the Whois directory, including:
(i) your full name and postal address, email address, voice telephone number,
and fax number, if available; (ii) the IP addresses and names of the primary nameserver
and any secondary nameserver(s) for the domain name; (iii) the full name, postal
address, email address, voice telephone number, and fax number, if available,
of the technical contact for the domain name; (iv) the full name, postal address,
email address, voice telephone number, and fax number if available of the administrative
contact for the domain name; (v) the name, postal address, email address, voice
telephone number, and fax number, if available, of the billing contact for the
domain name. You agree and understand that the foregoing registration data will
be publicly available and accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN")/Registry Policy.
You further understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States, and you expressly
consent to such export.
(b) You hereby represent and warrant the data provided in the registration application
is true, correct, up-to-date and complete and that you will continue to keep all
of the information provided up-to-date. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update information provided
to us, or any failure to respond to our inquiries addressed to the email address
of the administrative, billing or technical contact then appearing in the Whois
directory with respect to a domain name concerning the accuracy of contact details
associated with any registration(s) or the registration of any domain name(s)
registered by or through you or your account shall constitute a breach of this
Agreement. Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement and
as required or permitted by the ICANN Agreement or an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through us, you agree to be
bound by our current domain name dispute policy that is incorporated herein and
made a part of this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that you have read
and understood and agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
(a) the Eligibility Requirements (the "Eligibility Requirements"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names and Personal
Name SLD email addresses will be granted on a first-come, first-served basis,
except for registrations granted as a result of a dispute resolution proceeding
or during the landrush procedures in connection with the opening of the Registry
TLD. The following categories of Personal Name Registrations may be registered:
(i) the Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service mark rights in that character's Personal
Name; (iii) in addition to a Personal Name registration, you may add numeric characters
to the beginning or the end of your Personal Name so as to differentiate it from
other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD email address
registrations within .name on the grounds that a Registrant does not meet the
Eligibility Requirements, and (ii) to Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection with a dispute between
a Registrant and party other than Global Name Registry ("Registry Operator")
or Registrar over the registration and use of an Internet domain name registered
by a Registrant.
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name or SLD email address after modifications to the
dispute policy become effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is challenged
by a third party, you will be subject to the provisions specified in our dispute
policy in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold xReg harmless
pursuant to the terms and conditions set forth below in this Agreement. If we
are notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree not
to make any changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we receive notification
by you and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your registration and use
of our domain name registration services, we may deposit control of your domain
name record into the Registry of the judicial body by supplying a party with a
Registrar certificate from us.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your option, include Email
Forwarding. To the extent you opt to use Email Forwarding, you are obliged to
do so in accordance with all applicable legislation and are responsible for all
use of Email Forwarding, including the content of messages sent through Email
Forwarding.
(b) You undertake to familiarize yourself with the content of and to comply with
the generally accepted rules for Internet and email usage. This includes, but
is not limited to the Acceptable Use Policy, available at _____________, as well
as the following restrictions. Without prejudice to the foregoing, you undertake
not to use Email Forwarding:
(i) to encourage, allow or participate in any form of illegal or unsuitable activity,
including but not restricted to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright and/or proprietary rights
or publishing defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized access to or
use of the data in systems or networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network or breaching the
security or access control without the sufficient approval of the owner of the
system or network;
(iii) to interrupt data traffic to other users, servers or networks, including,
but not restricted to, mail bombing, flooding, Denial of Service (DoS) attacks,
willful attempts to overload another system or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass mailing
of unsolicited email, junk mail, the use of distribution lists (mailing lists)
which include persons who have not specifically given their consent to be placed
on such a distribution list.
Users are not permitted to provide false names or in any other way to pose as
somebody else when using Email Forwarding.
(c) Registry Operator reserves the right to implement additional anti-spam measures,
to block spam or mail from systems with a history of abuse from entering Registry
Operator's Email Forwarding. However, due to the nature of such systems, which
actively block messages, Registry Operator shall make public any decision to implement
such systems a reasonable time in advance, so as to allow you or xReg to give
feedback on the decision.
(d) You understand and agree that Registry Operator may delete material that does
not conform to clause (c) above or that in some other way constitutes a misuse
of Email Forwarding. You further understand and agree that Registry Operator is
at liberty to block your access to Email Forwarding if you use Email Forwarding
in a way that contravenes this Agreement. You will be given prior warning of discontinuation
of the Email Forwarding unless it would damage the reputation of Registry Operator
or jeopardize the security of Registry Operator or others to do so. Registry Operator
reserves the right to immediately discontinue Email Forwarding without notice
if the technical stability of Email Forwarding is threatened in any way, or if
you are in breach of this Agreement. On discontinuing Email Forwarding, Registry
Operator is not obliged to store any contents or to forward unsent email to you
or a third party.
(e) You understand and agree that to the extent Registry Operator is required
by law to disclose certain information or material in connection with your Email
Forwarding, Registry Operator will do so in accordance with such requirement and
without notice to you.
- RESERVATION OF RIGHTS
xReg and Registry Operator, expressly reserve the right to deny, cancel or transfer
any Defensive Registration that it deems necessary, in its discretion, to protect
the integrity and stability of the Registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process, or to avoid any liability, civil or criminal,
on the part of xReg and/or Registry Operator, as well as their affiliates, subsidiaries,
officers, directors and employees. xReg and Registry Operator also reserve the
right to freeze a Defensive Registration during a resolution of a dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind for any loss
or liability resulting from (i) the processing of Defensive Registration requests
prior to live SRS launch, including, without limitation, your ability or inability
to obtain a Registered Name or SLD email address registration using these processes;
or (ii) any dispute over any .name domain name, SLD email address, Defensive Registration
or NameWatch Registration, including the decision of any dispute resolution proceeding
related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registry Operator, and its directors,
officers, employees and agents from and against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees and expenses, arising out
of or relating to your registration. This indemnification obligation will survive
the termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which Registry Operator
has monitoring responsibility in accordance with the Registry Agreement or under
any other arrangement with ICANN; and
(b) operational standards, policies, procedures, and practices for the Registry
TLD established from time to time by Registry Operator in a non-arbitrary manner
and applicable to all Registrars, including affiliates of Registry Operator, and
consistent with ICANN's standards, policies, procedures, and practices and Registry
Operator's Registry Agreement with ICANN. Among Registry Operator's operational
standards, policies, procedures, and practices are those set forth in Exhibit
E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards, policies, procedures,
and practices for the Registry TLD shall be effective upon thirty (30) days notice
by Registry Operator to Registrar.
(.US)
Should you seek to register a .US second level domain name you, the registrant,
must agree to the following terms:
- Representations and Warranties.
You represent and certify that, to the best of your knowledge and belief, (i)
neither the registration of the domain name nor the manner in which it is directly
or indirectly used infringes the legal rights of any third party, (ii) you have
the requisite power and authority to enter into this Agreement and to perform
the obligations hereunder, (iii) you have and shall continue to have a lawful
bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
(iv) you are of legal age to enter into this Agreement, and (vi) you agree to
comply with all applicable laws, regulations and policies of xReg, Inc, and the
usTLD Administrator.
- Provision of Registration Data.
As part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and accurate.
This information includes: (i) the Registered Name; (ii) the names of the primary
nameserver and secondary nameserver(s) for the Registered Name; (iii) your name
and postal address; (iv) the name, postal address, e-mail address, voice telephone
number, and (where available) fax number of the technical contact for the Registered
Name; (v) the name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the administrative contact for the Registered
Name; (vi) the name, postal address, e-mail address, voice telephone number, and
fax number if available of the billing contact for the Registered Name; (vii)
any remark concerning the registered domain name that should appear in the Whois
directory; and (viii) any other data NeuStar, as the Registry, requires be submitted
to it, including specifically information regarding the primary purpose for which
a domain name is registered (e.g., business, education, etc.). You agree and understand
that the foregoing registration data will be publicly available and accessible
on the Whois directory pursuant to the DoC/Registry Policy. Any information collected
by us concerning an identified or identifiable natural person ("Personal
Data") will be used in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or permitted by the Department
of Commerce Contract with the Registry or any USTLD Administrator/DoC Policy.
- Inaccurate or Unreliable Data.
You hereby represent and warrant that the data provided in the domain name registration
application is true, correct, up to date and complete and that you will continue
to keep all the information provided up to date. Your willful provision of inaccurate
or unreliable information, your willful failure promptly to update information
provided to us, or any failure to respond for over five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or technical contact
then appearing in the Whois directory with respect to a domain name concerning
the accuracy of contact details associated with any registration(s) or the registration
of any domain name(s) registered by or through you or your account, shall constitute
a breach of this Agreement.
- Licensing of a Domain Name.
If you intend to license use of a domain name to a third party, you nonetheless
are the registrant of record and are responsible for providing full contact information
and for providing and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm caused by wrongful use
of the domain name, unless you promptly disclose the identity of the licensee
to a party providing you reasonable evidence of actionable harm
- Domain Name Dispute Policy.
If you reserved or registered a .us domain name through us, you agree to be bound
by our current domain name dispute policy that is incorporated herein and made
a part of this Agreement by reference. Please take the time to familiarize yourself
with that policy. In addition, you hereby acknowledge that you have read and understood
and agree to be bound by the terms and conditions of the policies of the usTLD
Administrator as documented on its website, www.neustar.us, as they may be amended
from time to time, and which are hereby incorporated and made an integral part
of this Agreement.
- Domain Name Dispute Policy Modifications.
You agree that we, in our sole discretion, may modify our dispute policy. We will
post any such revised policy on our Web site at least thirty (30) calendar days
before it becomes effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge that if you
do not agree to any such modification, you may terminate this Agreement. We will
not refund any fees paid by you if you terminate your Agreement with us.
- Domain Name Disputes.
You agree that, if your use of our domain name registration services is challenged
by a third party, you will be subject to the provisions specified in our dispute
policy in effect at the time of the dispute, including Registry policies incorporated
by reference. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms and
conditions set forth in this Agreement. If we are notified that a complaint has
been filed with a judicial or administrative body regarding your use of our domain
name registration services, you agree not to make any changes to your domain name
record without our prior approval. We may not allow you to make changes to such
domain name record until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party contesting your
registration and use of our domain name registration services that the dispute
has been settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration services,
we may deposit control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us.
- Jurisdiction.
For the adjudication of disputes concerning or arising from use of the domain
name, you shall submit, without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (1) of the Registrant's domicile, (2) the State
of Washington, and 3) the Commonwealth of Virginia.
- Suspension, Cancellation or Transfer.
You agree that your registration of the domain name shall be subject to suspension,
cancellation, or transfer pursuant to any usTLD Administrator adopted specification
or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent
with a usTLD Administrator adopted specification or policy, (1) to correct mistakes
by Registrar or the usTLD Administrator in registering the name or (2) for the
resolution of disputes concerning the domain name.
- Indemnification.
The Registrant shall indemnify and hold harmless the xReg and the usTLD Administrator
and their directors, officers, employees, representatives, agents, affiliates,
and stockholders from and against any and all claims, suits, actions, other proceedings,
damages, liabilities, costs and expenses of any kind, including without limitation
reasonable legal fees and expenses, arising out of or relating to the Registrant's
(i) domain name registration and (ii) use of any of a domain name.
- Reservation by usTLD Administrator.
xReg. and usTLD Administrator reserve the right to deny, cancel or transfer any
registration that they deem necessary, in their discretion, (1) to protect the
integrity and stability of the registry, (2) to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in compliance with
any dispute resolution process, (3) to avoid any liability, civil or criminal,
on the part of usTLD Administrator or xReg as well as their affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders, (4) for violations
of this Agreement, or (5) to correct mistakes made by usTLD Administrator or any
registrar in connection with a domain name registration. usTLD Administrator and
xReg also reserve the right to freeze a domain name during resolution of a dispute.
(.UK) In addition to the
general terms and conditions of agreement with xReg listed in Sections 1 through
20 above, you agree to the following terms
and conditions for registrations in .UK. All .UK registrations are bound to
a different Dispute Policy than the one outlined above. When registering any .uk
domain however Nominet's Dispute Policy
shall be applied instead of the Uniform Domain Name Dispute Resolution Policy.
(.CN) Should you seek to register a .CN second or third level
domain name you, the registrant, must also agree to the .CN end user agreement.
- Representations and Warranties. You represent
and certify that, to the best of your knowledge and belief, (i) neither the registration
of the domain name nor the manner in which it is directly or indirectly used infringes
the legal rights of any third party, (ii) you have the requisite power and authority
to enter into this Agreement and to perform the obligations hereunder, (iii) you
are of legal age to enter into this Agreement, and (vi) you agree to comply with
all applicable laws, regulations and policies of the Peoples Republic of China's
governmental agencies and the China Internet Network Information Center ("CNNIC"),
including but not limited to the following rules and regulations: (i) China Internet
Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration
(currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name
Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
- Provision of Registration Data. As part of the registration process, you
are required to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes: (i) the
Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s)
for the Registered Name; (iii) your name, postal address, e-mail address, voice
telephone number and (where available) fax number; (iv) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of the
technical contact for the Registered Name; (v) the name, postal address, e-mail
address, voice telephone number, and (where available) fax number of the administrative
contact for the Registered Name; (vi) the name, postal address, e-mail address,
voice telephone number, and fax number if available of the billing contact for
the Registered Name; (vii) any remark concerning the registered domain name that
should appear in the Whois directory; and (viii) any other data CNNIC, as the
Registry, requires be submitted to it. You agree and understand that the foregoing
registration data will be publicly available and accessible on the Whois directory
pursuant to the CNNC Policy. Any information collected by us concerning an identified
or identifiable natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the CNNIC.
- Business or Organization Representation: The .cn top-level domain space is
intended for businesses and organizations and not for individual use. By registering
a .cn domain name, you hereby represent that you have registered the domain name
on behalf of a business or organization.
- Inaccurate or Unreliable Data. You hereby represent and warrant that the
data provided in the domain name registration application is true, correct, up
to date and complete and that you will continue to keep all the information provided
up to date. Your willful provision of inaccurate or unreliable information, your
willful failure promptly to update information provided to us, or any failure
to respond for over five calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then appearing in
the Whois directory with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of any domain
name(s) registered by or through you or your account, shall constitute a breach
of this Agreement.
- Maximum Term: The maximum term for a domain name registration in the .cn
TLD shall be five (5) years. Domain Name Registrations shall be available for
terms of one, two, three, four and five years.
- Prohibited Uses for .cn domain name. Registrant may not register or use a
domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed in the Constitution of the Peoples
Republic of China ("PRC");
- Jeopardize national security, leak state secrets, intend to overturn the government,
or disrupt of state integrity of the PRC;
- Harm national honor and national interests of the PRC;
- Instigate hostility or discrimination between different nationalities, or
disrupt the national solidarity of the PRC;
- Violate the PRC's religion policies or propagate cult and feudal superstition;
- Spread rumors, disturb public order or disrupt social stability of the PRC;
- Spread pornography, obscenity, gambling, violence, homicide, terror or instigate
crimes in the PRC;
- Insult, libel against others and infringe other people's legal rights and
interests in the PRC; or
- Take any other action prohibited in laws, rules and administrative regulations
of the PRC.
- True Registrant of Domain Name. By registering a .cn domain name, you shall
be the registrant of record and responsible for providing full contact information
and for providing and updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that arise in connection
with the domain name. You accept liability for harm caused by wrongful use of
the domain name.
- Domain Name Dispute Policy. If you have registered a second or third-level
.cn domain name through us, you agree to be bound by the CNNIC Domain Name Dispute
Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy
("Dispute Policy"), http://www.cnnic.net.cn/ruler/20.shtml, which is
incorporated herein and made a part of this Agreement by reference. Please take
the time to familiarize yourself with that policy. In addition, you hereby acknowledge
that you have read and understood and agree to be bound by the terms and conditions
of the policies of the CNNIC, as they may be amended from time to time, and which
are hereby incorporated and made an integral part of this Agreement.
- Domain Name Dispute Policy Modifications. You agree that we, in our sole
discretion, may modify our dispute policy. We will post any such revised policy
on our Web site at least thirty (30) calendar days before it becomes effective.
You agree that, by maintaining the registration of your domain name after modifications
to the dispute policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
- Domain Name Disputes. You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time of the dispute. You agree
that in the event a domain name dispute arises with any third party, you will
indemnify and hold us, CNNIC and NeuStar, Inc.("Registry Gateway Provider"),
harmless pursuant to the terms and conditions set forth in this Agreement. If
we are notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree not
to make any changes to your domain name record without our prior approval. We
may not allow you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we receive notification
by you and the other party contesting your registration and use of our domain
name registration services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your registration and use
of our domain name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying a party with a
registrar certificate from us.
- Jurisdiction. For the adjudication of disputes concerning or arising from
use of the Registered Name, the Registrant shall submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the courts
(1) of the Registrant's domicile, (2) where Registrar is located, and 3) the People's
Republic of China.
- Governing Law. For the adjudication of a dispute concerning or arising from
use of the domain name, such dispute shall be governed under the Laws of the Peoples
Republic of China.
- Suspension, Cancellation or Transfer. You agree that your registration of
the domain name shall be subject to suspension, cancellation, or transfer pursuant
to any CNNIC adopted specification or policy, or pursuant to any registrar or
CNNIC procedure not inconsistent with a CNNIC adopted specification or policy,
(1) to correct mistakes by Registrar or the CNNIC in registering the name or (2)
for the resolution of disputes concerning the domain name.
- Indemnification. The Registrant shall indemnify and hold harmless the [Registrar],
Registry Gateway Provider and CNNIC and their directors, officers, employees,
representatives, agents, affiliates, and stockholders from and against any and
all claims, suits, actions, other proceedings, damages, liabilities, costs and
expenses of any kind, including without limitation reasonable legal fees and expenses,
arising out of or relating to the Registrant's (i) domain name registration and
(ii) use of any of a domain name.
- Reservation by CNNIC and Registry Gateway Provider. [Registrar], the Registry
Gateway Provider and CNNIC reserve the right to deny, cancel or transfer any registration
that they deem necessary, in their discretion, (1) to protect the integrity and
stability of the registry, (2) to comply with any applicable laws, government
rules or requirements, requests of law enforcement, in compliance with any dispute
resolution process, (3) to avoid any liability, civil or criminal, on the part
of CNNIC, the Registry Gateway Provider or [Registrar], as well as their affiliates,
subsidiaries, officers, directors, representatives, employees, and stockholders,
(4) for violations of this Agreement, or (5) to correct mistakes made by Registry
Gateway Provider, CNNIC or any registrar in connection with a domain name registration.
CNNIC, Registry Gateway Provider and [Registrar] also reserve the right to freeze
a domain name during resolution of a dispute.
NEUSTAR EXPRESSLY DISCLAIMS 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. NEUSTAR MAKES NO WARRANTY THAT
THESE PARAGRAPHS WILL MEET YOUR SPECIFIC REQUIREMENTS OR TO THE ACCURACY OR RELIABILITY
OF THIS INFORMATION. YOU UNDERSTAND AND AGREE THAT ANY RELIANCE ON THE MATERIAL
PROVIDED HEREIN IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY
RESPONSIBLE FOR ANY USE OF SUCH MATERIAL.
(.CA) Registration of .CA domain names and related services are provided
by eNom Canada Corporation and eNom Canada's designated contractors, agents, and
assignees (collectively referred to in this Section J as "eNom Canada"), pursuant
to the following terms. By submitting a request to register a .CA domain name
or otherwise using any of the services provided by eNom Canada you acknowledge
and signify that you have read, understood, and agreed to be bound by the terms
of this Section J. The terms of this Section J include, see below, that you agree
to the terms of the Canadian Internet Registration Authority's ("CIRA's") Registrant
Agreement and Canadian Presence Requirements, both of which may presently be found
at http://www.cira.ca/en/cat_Registration.html. By submitting a request to register
a .CA domain name or otherwise using any of the services provided by eNom Canada
you acknowledge and signify that you have read, understood, and agreed to be bound
by the terms of CIRA's Registrant Agreement and Canadian Presence Requirements.
- Certain Definitions. eNom Canada is an independent company providing
.CA domain name registration services and such other services regarding .CA domain
names as eNom Canada may provide from time to time (for the purposes of this Section
J, the ".CA Services")". The term "CIRA" refers to the Canadian Internet Registration
Authority, which is responsible for the operation and control of the .CA Internet
domain name registry.
- Use Restriction. You will not provide eNom Canada with false information
and you must get all the necessary consents for the information provided to eNom
Canada. By submitting a query to the .CA Internet domain name registry database
or using the search functions regarding the .CA Internet domain name registry,
you agree that you will use data obtained from the .CA Internet domain name registry
only for lawful purposes and that, under no circumstances will you use data obtained
from the .CA Internet domain name registry to allow, enable, or otherwise support
the transmission of mass unsolicited, advertising, solicitations or viruses via
e-mail. If you provide inaccurate information (including but not limited to phone
number, e-mail address or postal address), eNom Canada retains the right to deactivate
and/or deregister your domain name(s).
- Revisions. You expressly acknowledge and agree that eNom Canada may
update, amend or revise this Section J and impose further terms and conditions
from time to time. You agree to review this Agreement and any other applicable
rules or policies from time to time, to be aware of any such revisions or modifications.
The revised terms and conditions will be effective as of the date of their posting
on the website on which you are viewing these terms. You expressly acknowledge
and agree that eNom Canada may introduce or impose further terms and conditions
in respect of any service including .CA domain name services eNom Canada may provide,
at any time, in eNom Canada's sole discretion. You expressly acknowledge and agree
that eNom Canada may, without limiting the generality of the foregoing:
- charge you fees, including renewal fees for the registration of your domain
name whether the domain name was registered before or after the introduction of
this Section J;
- modify the fees and charge you any fees required of eNom Canada by CIRA, including
late fees;
- introduce new, modified, and/or additional terms and conditions relating to
the .CA Services;
- modify the types of information which eNom Canada collects from you;
- introduce a dispute resolution policy; and/or
- change part of the .CA Services provided under this Agreement at any time.
You expressly acknowledge and agree that if you do not agree to any such revision
or modification, you may terminate this Agreement after which you will not be
entitled to use the .CA Services. By continuing to use the .CA Services after
any revision to this Agreement you agree to abide by and be bound by any such
revisions or changes. For all domain names registered prior to the introduction
of this Agreement, your continued use of your domain name will evidence your agreement
to: (i) this Agreement, (ii) eNom Canada's right to amend this Agreement and to
introduce further terms and conditions, including the imposition of renewal or
other registration fees, and (iii) be bound by such amendments or further terms
and conditions.
- Registration of Domain Name. Your application for or use of the .CA
Services or access to or use of your domain name will evidence your agreement
to be bound by this Agreement and any other applicable rules or policies that
are or may be published by eNom Canada or by CIRA. Your eligibility for a domain
name will depend on your fulfillment of the required criteria established by the
CIRA, including that you agree to CIRA's Registrant Agreement and CIRA's Canadian
Presence Requirements, both of which are currently found at http://www.cira.ca/en/cat_Registration.html.
Registration of your domain name is conditioned on CIRA's acceptance of your domain
name registration application. The performance of any services by eNom Canada
in connection with your application will occur at eNom Canada's main office in
Kelowna, British Columbia.
- Agents: When you submit your application for a domain name through
eNom Canada or through any other third party who requests, applies for, purchases
or otherwise acquires the .CA Services on your behalf through eNom Canada, you
will nonetheless be bound as a principal by all terms and conditions herein. When
you use your account or permit someone else to use your account to request, apply
for, purchase or otherwise acquire access to the .CA Services or to modify or
cancel the .CA Services, this Agreement covers any such .CA Services or actions.
- Information Required: You agree to:
- provide to eNom Canada certain current, complete and accurate information
about you as required by the application process; and
- maintain and update this information as needed to keep it current, complete
and accurate.
- Third Parties: You represent and warrant that you have provided notice
to, and obtained consent from, any third parties whose personal data or information
you supply. You further agree to provide such notice and obtain such consent with
regard to any third party personal data or information you supply in the future.
eNom Canada shall not be 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.
- Disclosure: In order to comply with any current or future rules and
policies for domain name systems including any rules or policies established by
the CIRA or any provincial or federal government or by other organization having
control or authority to establish rules or policies, you hereby grant to eNom
Canada the right to disclose to third parties through an interactive publicly
accessible registration database the following information which you are required
to provide when applying for a domain name:
- the domain or sub-domain name(s) registered by you;
- your organization name, type and postal address;
- the name(s), position(s), postal address(es), e-mail address(es), voice telephone
number(s) and where available the fax number(s) of the technical and administrative
contacts for your domain or sub-domain name(s);
- the full hostnames and Internet protocol (IP) addresses of at least two nameserver
hosts (one primary and at least one secondary) for your domain or subdomain. Up
to six nameservers may be specified. If a host has more than one IP address, use
a comma-separated list;
- the corresponding names of those nameservers;
- the original creation date of the registration; and
- the expiration date of the registration.
eNom Canada may be required to make this information available in bulk form to
third parties. eNom Canada may also transfer or assign this information to CIRA
or such other third party as eNom Canada may decide, in eNom Canada's sole discretion.
- Termination: You agree that eNom Canada may terminate your use of the
.CA Services:
- if you breach or fail to abide by any provision of this Agreement and/or any
of the CIRA operating rules, policies, or dispute resolution policy;
- if the information that you are obligated to provide, or that you subsequently
modify, or that you are required to update contains false or misleading information,
or conceals or omits any information material to the decision to register your
domain name or the continued provision of the .CA Services, or is not provided
by you;
- if you use the .CA Services for any improper purpose, as determined by eNom
Canada in eNom Canada's sole discretion; or
- for any reason, if eNom Canada provides you with 30 days notice of termination.
Furthermore, you agree that eNom Canada may suspend, cancel or transfer your access
to the .CA Services in order to correct mistakes made by eNom Canada or a registry
in registering your chosen domain name, or to resolve a dispute in accordance
with a dispute resolution policy. eNom Canada will not refund any fees paid by
you if eNom Canada terminates your use of or access to the .CA Services.
- Domain Name Disputes. You agree that, if your use of the .CA Services
or the registration of your domain name is challenged by a third party, you will
be subject to the provisions specified by CIRA in the CIRA dispute resolution
policy in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold eNom Canada
harmless pursuant to the terms and conditions set forth below in this Agreement.
- Modifications to Domain Name Application(s). You agree that in some
instances eNom Canada may, but shall not be required to, make minor (non-substantive)
modifications to your domain name application(s) to ensure that it/they may be
registered. You authorize eNom Canada to make minor modifications to the information
you provide or to make interventions that may be necessary in order to effectively
process your domain name request.
- Transfers: You agree that if you would like to transfer a domain name
registration to eNom Canada, eNom Canada will provide you with and charge you
for one additional year of registration. When you transfer a domain name to eNom
Canada you represent and warrant that you have the legal authority to initiate
the transfer of the domain name registration(s) and that the information you provide
as part of your domain name transfer is accurate.
- Limitation on Warranties and Conditions. ENOM CANADA MAKES NO REPRESENTATIONS,
WARRANTIES OR CONDITIONS, WHETHER ORAL OR WRITTEN, EXPRESS OR IMPLIED, STATUTORY
OR OTHERWISE, INCLUDING, WITHOUT LIMITATION, ANY WARRANTY OR CONDITION OF QUALITY
OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR THAT THE .CA SERVICES
WILL BE AVAILABLE AT ALL TIMES DURING THE TERM OF THIS AGREEMENT OR WITH RESPECT
TO FUNCTIONALITY, FREEDOM FROM BUGS OR VIRUSES, COMPATIBILITY OR OPERABILITY OF
A REGISTRY OR THE SERVICES ACCESSED BY YOU OR WITH RESPECT TO THE SECURITY OF
A REGISTRY OR REGISTRATION SERVICES, INCLUDING WITHOUT LIMITATION, THOSE SERVICES
PROVIDED BY THIRD PARTY SOFTWARE, HARDWARE, INTERNET AND/OR TELECOMMUNICATIONS
OR OTHER SERVICE PROVIDERS OR OTHERWISE WITH RESPECT TO THE SERVICES PROVIDED
HEREUNDER. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR
OTHERWISE OBTAINED THROUGH THE USE OF THE 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.
- Use of Domain Names. YOU AGREE THAT ENOM CANADA SHALL NOT BE RESPONSIBLE
FOR THE USE OF OR RIGHT TO USE ANY DOMAIN NAME REGISTERED IN A REGISTRY AND THAT
ENOM CANADA SHALL NOT BE RESPONSIBLE IN ANY WAY WHATSOEVER FOR ANY CONFLICT OR
DISPUTE WITH OR ANY CLAIM AGAINST YOU INCLUDING ONE RELATING TO A REGISTERED OR
UNREGISTERED TRADE-MARK, A CORPORATE, BUSINESS OR OTHER TRADE NAME, RIGHTS RELATING
TO A NAME OR OTHER IDENTIFIER OF AN INDIVIDUAL OR ANY OTHER INTELLECTUAL PROPERTY
RIGHTS OF A THIRD PARTY, OR RELATING TO DEFAMATION OF OR UNLAWFUL DISCRIMINATION
WITH RESPECT TO ANY OTHER PERSON. YOU ACKNOWLEDGE AND AGREE THAT THE REGISTRATION
OF A DOMAIN NAME DOES NOT CREATE ANY PROPRIETARY RIGHT FOR YOU OR ANY OTHER PERSON
IN ANY NAME USED AS A DOMAIN NAME OR IN ANY DOMAIN NAME REGISTRATION, AND THE
ENTRY OF A DOMAIN NAME IN A REGISTRY IN THE WHOIS SHALL NOT BE CONSTRUED AS EVIDENCE
OF OWNERSHIP OF THE DOMAIN NAME REGISTERED AS A DOMAIN NAME. YOU SHALL NOT IN
ANY WAY TRANSFER OR PURPORT TO TRANSFER A PROPRIETARY RIGHT IN ANY DOMAIN NAME
REGISTRATION OR GRANT OR PURPORT TO GRANT AS SECURITY OR IN ANY OTHER MANNER ENCUMBER
OR PURPORT TO ENCUMBER ANY DOMAIN NAME REGISTRATION.
- Limitation of Liability. ENOM CANADA'S AGGREGATE LIABILITY TO YOU INCLUDING
FOR ALL BREACHES BY ENOM CANADA OF THIS AGREEMENT, SHALL BE LIMITED TO THE AMOUNT
OF ANY FEES PAID BY YOU TO ENOM CANADA UNDER THIS AGREEMENT.
- Additional Limitations of Liability.
- IN NO EVENT, WHETHER AS A RESULT OF BREACH OF CONTRACT, TORT LIABILITY (INCLUDING
NEGLIGENCE) OR OTHERWISE, SHALL ENOM CANADA OR ENOM CANADA'S DIRECTORS, OFFICERS,
EMPLOYEES, CONTRACTORS, AGENTS AND REPRESENTATIVES BE LIABLE TO YOU FOR ANY SPECIAL,
INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR CONSEQUENTIAL DAMAGES OR FOR ECONOMIC
LOSS OR ANY DAMAGES RESULTING FROM LOSS OF USE, LOST BUSINESS REVENUE, LOST PROFITS
OR THIRD PARTY DAMAGES.
- IN NO EVENT SHALL YOU PURSUE ANY CLAIM AGAINST ENOM CANADA OR CIRA AND IN
NO EVENT SHALL ENOM CANADA OR CIRA BE LIABLE FOR ANY LOSS, DAMAGE OR EXPENSE (INCLUDING,
WITHOUT LIMITATION, ANY SPECIAL, INDIRECT, INCIDENTAL, EXEMPLARY, PUNITIVE OR
CONSEQUENTIAL DAMAGES OR FOR ECONOMIC LOSS OR DAMAGES RESULTING FROM LOSS OF USE,
LOST PROFITS, LOST BUSINESS REVENUE OR THIRD PARTY DAMAGES) ARISING OUT OF, RESULTING
FROM OR IN ANY WAY CONNECTED WITH:
- ANY REGISTRY ACCESS DELAY OR ACCESS INTERRUPTION;
- ANY DATA NON-DELIVERY OR DATA MISDELIVERY;
- ANY UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT;
- ANY ERROR, OMISSION OR MISSTATEMENT IN ANY INFORMATION OR SERVICE PROVIDED
UNDER THIS AGREEMENT;
- THE DELETION OF OR FAILURE TO STORE EMAIL MESSAGES;
- A COMPUTER BUG OR VIRUS OR OTHER SYSTEM MALFUNCTION;
- ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE SERVICES, INCLUDING ENOM CANADA'S
FAILURE OR REFUSAL TO REGISTER, RENEW OR TRANSFER A DOMAIN NAME REGISTRATION,
ENOM CANADA'S REGISTRATION OF A DOMAIN NAME, ENOM CANADA'S TRANSFER OF A DOMAIN
NAME REGISTRATION, ENOM CANADA'S FAILURE OR REFUSAL TO MAINTAIN OR MODIFY A DOMAIN
NAME REGISTRATION, ENOM CANADA'S CANCELLATION OF A DOMAIN NAME REGISTRATION FROM
A REGISTRY, OR ENOM CANADA'S FAILURE OR REFUSAL TO PROVIDE THE OTHER SERVICES;
- ANY INTERRUPTION OR DELAY IN THE PROVISION OF THE OTHER SERVICES;
- THE PROCESSING OF ANY APPLICATION FOR THE REGISTRATION OF A DOMAIN NAME OR
ANY OTHER APPLICATION OR REQUEST, OR PROCESSING OF ANY AUTHORIZED OR UNAUTHORIZED
CHANGES TO YOUR INFORMATION;
- ANY BREACH BY CIRA OF THEIR OBLIGATIONS TO YOU UNDER THEIR REGISTRANT AGREEMENT
WITH YOU OR BY CIRA UNDER ITS REGISTRAR AGREEMENT WITH ENOM CANADA OR ANY OTHER
ACTION OR OMISSION OF CIRA;
- THE APPLICATION OF THE CIRA DISPUTE RESOLUTION POLICY OR COMPLIANCE WITH ANY
ORDER, RULING, DECISION OR JUDGMENT MADE THEREUNDER OR BY ANY COURT, TRIBUNAL,
BOARD, ADMINISTRATIVE BODY, COMMISSION OR ARBITRATOR AND ANY ACTIONS TAKEN IN
CONSEQUENCE THEREOF;
- THE USE OF ANY DOMAIN NAME IN A REGISTRY AND ANY CONFLICT OR DISPUTE WITH
OR ANY CLAIM AGAINST YOU, INCLUDING ONE RELATING TO:
- REGISTERED OR UNREGISTERED TRADE-MARKS;
- BUSINESS NAMES, PARTNERSHIP NAMES, CORPORATE NAMES AND OTHER TRADE NAMES;
- NAMES OR IDENTIFIERS OF INDIVIDUALS OR GROUPS OR INDIVIDUALS;
- ANY OTHER INTELLECTUAL PROPERTY RIGHTS;
- DEFAMATION OF ANY PERSON; OR
- UNLAWFUL DISCRIMINATION WITH RESPECT TO ANY PERSON.
- Indemnity. You agree to indemnify and save eNom Canada and eNom Canada's
directors, officers, employees, contractors, agents and representatives harmless
from and against any and all damages, liabilities, obligations, losses, claims,
demands, actions, causes of action, lawsuits, penalties, costs and expenses (including,
without limitation, reasonable legal and other related costs) arising out of or
in any way connected with:
- any breach of or non-fulfilment of any covenant or agreement by you under
this Agreement or CIRA's Registrant Agreement;
- your breach of any representation or warranty contained in this Agreement
or CIRA's Registrant Agreement;
- the .CA Services or any other services provided to you hereunder or the use
by you of such services, including without limitation your violation of any intellectual
property or other right of any person and any defamation of or unlawful discrimination
against any person;
- your violation of any of the operating rules or policies relating to the .CA
Services, or
- your actions or omissions.
When eNom Canada is threatened with suit or is actually sued by a third party,
eNom Canada may seek written assurances from you concerning your promise to indemnify
eNom Canada.
- No Guarantee. You acknowledge and agree that registration of your chosen
domain name does not ensure immunity from objection or challenge to either the
registration or use of your domain name. You further acknowledge and agree that
the terms and conditions of this Agreement are subject to change at any time due
to any rules, requirements, policies, guidelines or regulations adopted, developed
or imposed by CIRA or by law. Registration of your chosen domain name does not
ensure that the terms of this Agreement will not change.
- Your Representations and Warranties. You agree, represent and warrant
that:
- the information that you or your agent on your behalf provide during the application
process to register or renew your domain name or to request or apply for the .CA
Services is, to the best of your knowledge and belief, accurate and complete,
and that any future changes to this information will be provided in a timely manner
according to the modification procedures in place at that time;
- to the best of your knowledge and belief neither the registration of your
domain name nor the manner in which you intend to use such domain name will directly
or indirectly infringe the legal rights of a third party;
- you have all requisite power and authority to execute this Agreement and to
perform your obligations hereunder;
- you have the legal capacity to enter into this Agreement; and
- your use of the .CA Services is solely at your own risk, and that all of the
.CA Services are provided on an "as is," and "as available" basis.
- Right of Refusal. eNom Canada, in its sole discretion, reserve the
right to refuse to provide you with the .CA Services. You agree that eNom Canada
will not be liable to you for loss or damages that may result from the refusal
to provide you with .CA Services.
- CIRA Terms. You agree that:
- CIRA may, at its option, extend any period for the registration of a .CA domain
name at no charge to you or eNom Canada for such further period of time as CIRA
may determine, in its sole discretion;
- neither eNom Canada nor CIRA shall be liable to you for any loss, damage or
expense arising out of CIRA's failure or refusal to register a .CA domain name,
CIRA's failure or refusal to renew a .CA domain name registration, CIRA's registration
of a .CA domain name, CIRA's failure or refusal to renew a .CA domain name registration,
CIRA's renewal of a .CA domain name registration, CIRA's failure or refusal to
transfer a .CA domain name registration, CIRA's transfer of a .CA domain name
registration, CIRA's failure or refusal to maintain or modify a .CA domain name
registration, CIRA's maintenance of a .CA domain name registration, CIRA's modification
of a .CA domain name registration, CIRA's failure to cancel a .CA domain name
registration or CIRA's cancellation of a .CA domain name registration from the
CIRA registry;
- in no event shall you pursue any claim against CIRA, and in no event shall
CIRA be liable for any direct, indirect, special, punitive, exemplary or consequential
damages including but not limited to damages resulting from loss of use, lost
profits, lost business revenue or third party damages or arising from any breach
by eNom Canada of any obligations under this Agreement or the Registrar Agreement
between eNom Canada and CIRA;
- registration of your selected .CA domain name in your first application to
CIRA shall not be effective until you have entered into and agreed to be bound
by CIRA's Registrant Agreement, including the Canadian Presence Requirements.
CIRA's form of Registrant Agreement and the Canadian Presence Requirements are
set forth at CIRA's website (currently http://www.cira.ca/en/cat_Registration.html);
- in the event that eNom Canada is no longer a CIRA certified registrar, has
its certification as a CIRA certified registrar suspended or terminated, or in
the event the Registrar Agreement between eNom Canada and CIRA is terminated or
expires, you shall be responsible for changing your registrar of record to a new
CIRA certified registrar within 30 days of the earlier of notice thereof being
given to you by: (i) eNom Canada, or (ii) CIRA in accordance with CIRA's then
current Registration Rules; provided, however, that if any of your .CA domain
name registration(s) is/are scheduled to expire within 30 days of the giving of
such notice, then you shall have 30 days from the anniversary date of the registration(s),
to register with a new CIRA certified registrar and to renew such .CA domain name
registration(s) in accordance with the Registration Rules;
- you acknowledge and agree that, should there be insufficient funds prepaid
by eNom Canada in the CIRA Deposit Account to be applied in payment of any fees,
CIRA may in its sole discretion stop accepting applications for .CA domain name
registrations from eNom Canada, stop effecting registrations of .CA domain names
and transfers, renewals, modifications and cancellations of .CA domain name registrations
requested by eNom Canada and stop performing other billable transactions requested
by eNom Canada not paid in full and CIRA may terminate the Registrar Agreement
between CIRA and eNom Canada;
- you shall not, directly or indirectly, through registration or use of your
.CA domain name or otherwise:
- violate or contribute to the violation of the intellectual property rights
or other rights of any other person;
- violate or contribute to the violation of the intellectual property rights
or other rights of any other person;
- unlawfully discriminate or contribute to the unlawful discrimination of any
other person;
- you agree that CIRA shall not be responsible for the use of any .CA domain
name in the CIRA registry and that CIRA shall not be responsible in any way whatsoever
for any conflict or dispute with or any actual or threatened claim against a registrar
or a registrant, including one relating to a registered or unregistered trade-mark,
a corporate, business or other trade-name, rights relating to a name or other
identifying indicia of an individual or any other intellectual property rights
of a third party or relating to the defamation of or unlawful discrimination with
respect to any other person;
- CIRA shall have the right, at any time and from time to time, acting reasonably,
to amend the Registrar Agreement between eNom Canada and CIRA, including without
limitation, the certification and re-certification requirements, the Registration
Rules, the fees and the other Rules and Procedures and to adopt new Rules and
Procedures not yet in effect. Any such amendment will be binding and effective
on eNom Canada 30 days after CIRA gives notice of such amendment by e-mail to
eNom Canada. You agree with eNom Canada to promptly amend this Agreement to reflect
any amendments to Section 4.2 of the Registrar Agreement between eNom Canada and
CIRA (relating to registrant terms required by CIRA);
- you acknowledge and agree that registration of a .CA domain name does not
create any proprietary right for you or any other registrant, eNom Canada or any
other registrar or any other person in the name used as a .CA domain name or the
.CA domain name registration and that the entry of a .CA domain name in the CIRA
registry or in the WHOISlook up system of the CIRA registry shall not be construed
as evidence or ownership of the .CA domain name registered as a .CA domain name.
You shall not in any way transfer or purport to transfer a proprietary right in
any .CA domain name registration, or grant or purport to grant as security or
in any other manner encumber or purport to encumber a .CA domain name registration;
and
- eNom Canada agrees to immediately give you notice in the event eNom Canada
is no longer a CIRA certified registrar, has its certification as a CIRA certified
registrar suspended or terminated or the Registrar Agreement between eNom Canada
and CIRA is terminated or expires. CIRA may post notice of such suspension, termination
or expiry on its website and may, if CIRA deems appropriate, give notice to you
thereof.
- Assignment. Your rights under this Agreement are not assignable. eNom
Canada may assign its rights and responsibilities under this Agreement and may
assign, to any third party, including to CIRA or another CIRA authorized Registrar,
on ten (10) days notice to you or as posted on an eNom Canada or eNom Incorporated
website, the following: (i) your domain name registration, (ii) all related information
and data which you provided, and (iii) the provision of .CA Services.
- Severability. You agree that the terms of this Agreement are severable.
If any term or provision of this Agreement is declared invalid or unenforceable,
that term or provision will be construed consistent with applicable law as nearly
as possible to reflect the original intentions of the parties, and the remaining
terms and provisions of this Agreement will remain in full force and effect.
- Jurisdiction. This Agreement, and the application or interpretation
hereof will be governed by and construed in accordance with the laws of the Province
of British Columbia, Canada and the parties irrevocably submit to the personal
and subject matter jurisdiction of the Courts of the Province of British Columbia.
Any acceptance of your application for .CA Services takes place at eNom Canada's
offices in Kelowna, British Columbia, Canada.
Copyright © 2003 xReg.co.uk.
All rights reserved.
|
|