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This Registration Agreement ("Agreement") sets forth
the terms and conditions of your use of eNom, Inc.'s ("eNom")
domain name registration services to register an Internet domain
name, your registration of that domain name, as well as other
eNom domain name related services. In this Agreement "you"
and "your" refer to each customer and "we",
"us" and "our" refer to eNom. This Agreement
explains our obligations to you, and explains your obligations
to us for various eNom services. By selecting our service(s)
you have agreed to establish an account with us for such services.
When you use your account or permit someone else to use it to
purchase or otherwise acquire access to additional eNom service(s)
or to cancel your eNom service(s) (even if we were not notified
of such authorization), this Agreement covers such service or
actions. By using the service(s) provided by eNom under this
Agreement, you acknowledge that you have read and agree to be
bound by all terms and conditions of this Agreement, the accompanying
dispute policy and any pertinent rules or policies that are
or may be published by eNom.
This Agreement will become effective when accepted by eNom.
eNom may elect to accept or reject your domain name registration
application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request for
registration of a prohibited domain name.
1. Our Services:
eNom is an accredited registrar with the Internet Corporation
for Assigned Names and Numbers ("ICANN") for Top Level
Domain Names (TLDs), currently .com, .net and .org. ICANN oversees
registrations and other aspects of the TLDs. As an accredited
domain name registrar, eNom is, upon accepting your domain name
registration application, your sponsor for that application.
All domain name registrations we register for TLDs are not effective
until we have delivered the domain name registration information
you provide us to the registry administrator for the TLDs, as
applicable, and the registry administrator puts into effect
your domain name registration. Currently, the registry administrator
for the .com, .net and .org TLDs is Network Solutions, Inc.
You agree and acknowledge that eNom 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 eNom to you, you agree to
pay eNom, 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 eNom in its sole discretion).
As further consideration for the eNom 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 eNom as the paying entity for that registration
to the registry. We will reinstate your domain name registration
solely at our discretion, and subject to our receipt of the
initial registration or renewal fee and our then-current reinstatement
fee, currently set at US$200. For more information, please click
here. 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. You also certify that
you have read the Merchant Services Agreement and agree to be
bound by any and all applicable terms and conditions contained
within that agreement.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through
us, or transferred a domain name to us from another registrar,
you agree to be bound by eNom'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.enom.com/help/disclaimer.ASP and
the Dispute Policy can be found at http://www.enom.com/help/drp.ASP.
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 eNom harmless pursuant to the terms and conditions
contained in the Dispute Policy.
5. Transfer to another Registrar:
You agree that you may not transfer your domain name registration
to another domain name registrar during the first sixty (60)
days from the effective date of your initial domain name registration
with eNom. Your request to transfer to another registrar may
be denied in situations described in the Dispute Policy, including,
but not limited to: a dispute over the identity of the domain
name holder; bankruptcy; and default in the payment of any fees.
You have the ability to prevent a transfer to another Registrar
by placing a Registrar Lock ("lock") on your domain.
By having a lock status on your domain, you are providing express
objection to any and all transfer requests issued from another
Registrar. Should you choose to transfer to another Registrar,
you must log into your account and remove the lock prior to
our receipt of the transfer request from the gaining Registrar.
6. Modifications to eNom's Registration Agreement and Dispute
Policy:
You agree, during the period of this Agreement, that we may:
(1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such
revision or change will be binding and effective immediately
on posting of the revised Agreement or change to the service(s)
on eNom's web site, or on notification to you by e-mail or United
States mail. You agree to review eNom's web site, including
the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with
notice by e-mail at
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or United States mail at the
addresses listed on the cover page of this Agreement. Notice
of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the eNom services
following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes. You
further agree that we, in our sole discretion, may modify our
Dispute Policy at any time. Your continued use of the domain
name registered to you shall constitute your acceptance of this
Agreement and the Dispute Policy with the new modifications.
You acknowledge that if you do not agree to any of such changes,
you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree
that such cancellation or request for transfer will be your
exclusive remedy if you do not wish to abide by any changes
to this Agreement or the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the registration
process, you are required to provide certain information and
to update this information promptly as needed to keep it current,
complete and accurate. The information you are obligated to
provide in connection with the domain name you are registering
is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address,
e-mail address, voice telephone number, and where available,
fax number; and
iii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of all contacts for
the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide
may have changed. If you do not wish to provide the new required
information, your registration may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information
may prevent you from obtaining all products and services made
available to domain name registrants by us, other than registration
of the domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may
include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related
correspondence between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the technical contact
for the domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact
for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information. In
the event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby
represent that you have (a) provided notice to that third party
of the disclosure and use of that party's information as set
forth in this Agreement, and (b) that you have obtained that
third party's express consent to the disclosure and use of that
party's information as set forth in this Agreement. By registering
a name or applying for services you also represent that the
statements in its application are true and you also represent
that the Domain Name is not being registered for any unlawful
purpose.
You acknowledge that willfully providing inaccurate information
or willfully failing to update information promptly will constitute
a material breach of this Agreement and will be sufficient basis
for cancellation of your domain name registration. You further
agree that your failure to respond for over ten (10 ) calendar
days to inquiries by eNom 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 eNom 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 eNom 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 eNom 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 eNom.
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.enom.com),
or via a similar service. In order to change any of your account
information with us, you must use your Account Identifier and
Password that you selected when you opened your account with
us. Please safeguard your Account Identifier and Password from
any unauthorized use. You agree that any person in possession
of you Account Identifier and Password will have the ability
and your authorization to modify your account information. In
no event will we be liable for the unauthorized use or misuse
of your Account Identifier or Password. eNom will take reasonable
precautions to protect the information it obtains from you from
our loss, misuse, unauthorized access or disclosure, alteration
or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that eNom 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. eNom does not have any ownership
interest in your specific personal registration information
outside of its rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name for or
on behalf of someone else, you represent that you have the authority
to nonetheless bind that person as a principal to all terms
and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered
to you to a third party, you nonetheless remain the domain name
holder of record, and remain responsible for all obligations
under this Agreement, including but not limited to payment obligations,
and providing (and updating, as necessary) both your own full
contact information, and accurate technical, administrative,
billing and zone contact information adequate to facilitate
timely resolution of any problems that arise in connection with
the domain name and domain name registration.
10. Announcements:
We reserve the right to distribute information to you that
is pertinent to the quality or operation of our services and
those of our service partners. These announcements will be predominately
informative in nature and may include notices describing changes,
upgrades, new products or other information to add security
or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE
OF YOUR DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS,
(4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR SITE OR THE
WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED
IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD
(6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S CONTROL; (8)
THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING
FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER
OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. ENOM
ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL,
OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS)
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF ENOM HAS BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENOM'S MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN
FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED
TO THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators,
eNom, 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 eNom services provided hereunder or
your use of the eNom services, including without limitation
infringement by you, or someone else using any eNom service
with your computer, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any
eNom operating rule or policy relating to the service(s) provided.
When eNom is threatened with suit by a third party, eNom may
seek written assurances from you concerning your promise to
indemnify eNom; your failure to provide those assurances may
be considered by us to be a breach of your Agreement and may
result in deactivation of your domain name. This indemnification
is in addition to any indemnification required under the Dispute
Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF,
NEITHER THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN
WHICH IT IS DIRECTLY OR INDIRECTLY USED INFRINGES THE LEGAL
RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND WARRANT THAT
ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR DOMAIN
NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR
STATEMENT REGARDING OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN
NAME REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS
DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
ENOM 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 ENOM'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. ENOM 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 ENOM OR THROUGH
THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE
HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO
YOU.
14. Breach and Revocation:
eNom 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 eNom, (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 eNom) or registry
administrator procedures approved by an ICANN-adopted policy,
(1) to correct mistakes by eNom, 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 eNom 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 eNom 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.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to
register or reserve your chosen domain name or register you
for other eNom 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 eNom service(s), or we delete
your domain name or other eNom 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 eNom service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect
to disputes, this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the State of
Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. Except
as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter
relating to your use of the eNom site shall be brought exclusively
in the United States District Court for the Western District
of Washington, or if there is no jurisdiction in such court,
then in a state court in King County.
17. Notices:
You agree that any notices required to be given under this
Agreement by eNom to you will be deemed to have been given if
delivered in accordance with the contact information you have
provided.
18. Infancy:
You attest that you are of legal age to enter into this Agreement.
19. General:
This Agreement, eNom's Disclaimer and the Dispute Policy, together
with all modifications, constitute the complete and exclusive
agreement between you and eNom, 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 eNom 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 eNom 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. eNom 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 eNom as reflected in the original provision. This
Agreement, eNom'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 eNom.
20. Additional Registry Requirements
Listed below are additional contractual requirements that you,
the registrant, must agree to should you desire to register
a domain name in these registries.
1. (.TV, .CC, .BZ, and .WS) In addition to the terms set forth
above, the following terms shall apply to registrants of .tv,
.cc, .bz, and .ws domain names. Your registration of a domain
name in the .TV, .CC, .BZ, or .WS top-level domain ("New
TLD Domain Name"), is subject to policies established or
revised from time to time by the registry for such New TLD Domain
Name ("New TLD Registry"), in its capacity as the
registry for its respective Top Level Domain. Each respective
New TLD Registry's current policies ("New TLD Registry
Policies") are available for you to review at each New
TLD's respective website. You agree to be bound by and comply
with the applicable New TLD Registry Policies, including amendments
and modifications thereto, with respect to your New TLD Domain
Name registration. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict
between the New TLD Registry policies and the terms of this
Agreement, the terms of this Service Agreement shall prevail.
You agree that the New TLD Registry has the right to enforce
the New TLD Registry Policies.
2. (.INFO) Should you seek to register a .INFO second level
domain name you, the registrant, must also agree to the following
terms:
1. Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name
Holder's Personal Data by Afilias, the .INFO Registry Operator,
and its designees and agents in a manner consistent with the
purposes specified pursuant in its contract.
2. 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.
3. 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.
4. 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.
5. 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.
3. (.BIZ) Should you seek to register a .BIZ second level domain
name you, the registrant, must also agree to the following terms:
1. 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.
2. 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.
3. 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.
4. 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.
5. 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.
6. 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.
7. RESERVATION OF RIGHTS. eNom, Inc. 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 eNom, Inc. and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and employees.
eNom, Inc. and NeuLevel, Inc. also reserve the right to freeze
a domain name during resolution of a dispute.
4. (.NAME) Should you seek to register a .NAME second level
domain name you, the registrant, must also agree to the following
terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered
marks to exclusively pre-register on the .name space and create
a protective barrier for their trademarks. A "Defensive
Registration" is a registration granted to a third party
of a specific string on the second or third level, or of a specific
set of strings on the second and third levels, which will not
resolve within the domain name system but may prevent the registration
of the same string(s) on the same level(s) by other third party
applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(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.
3. 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.
4. 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.
5. 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.
6. 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 eNom, Inc. 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.
7. 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.
8. .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.
9. .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.
10. 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.
11. 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.
12. 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.
13. 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 eNom 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.
14. 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 eNom, Inc. 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.
15. RESERVATION OF RIGHTS
eNom, Inc. and Registry Operator Operator, expressly reserve
the right to deny, cancel or transfer any Defensive Registration
that it deems necessary, in its discretion, to protect the integrity
and stability of the Registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of eNom, Inc.
and/or Registry Operator, as well as their affiliates, subsidiaries,
officers, directors and employees. eNom, Inc. and Registry Operator
also reserve the right to freeze a Defensive Registration during
a resolution of a dispute.
16. 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.
17. 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.
18. 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.
5. (.US) Should you seek to register a .US second level domain
name you, the registrant, must also agree to the following terms:
1. Representations and Warranties.
You represent and certify that, to the best of your knowledge
and belief, (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 eNom, Inc, and the usTLD Administrator.
2. Provision of Registration Data.
As part of the registration process, you are required to provide
us with certain information and to update this information to
keep it current, complete and accurate. This information includes:
(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.
3. 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.
4. Government Use of Data.
You understand and agree that the U.S. Government shall have
the right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and display
publicly, in any manner and for any purpose whatsoever and to
have or permit other to do so, all Data provided by Registrant.
"Data" means any recorded information, and includes
without limitation, technical data and computer software, regardless
of the form or the medium on which it may be recorded.
5. 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
6. 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.
7. 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.
8. 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.
9. 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.
10. 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.
11. Indemnification.
The Registrant shall indemnify and hold harmless the eNom, Inc.
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.
12. Reservation by usTLD Administrator.
eNom, Inc. 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 eNom,
Inc., 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 eNom, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
6. (.NU) Should you seek to register a .NU second level domain
name you, the registrant, must also agree to these terms.
7. (.UK) In addition to the general terms and conditions of
agreement with eNom listed in Sections 1 through 19 above, you
agree to the following terms and conditions for registrations
in .UK WITH THE FOLLOWING IMPORTANT MODIFICATION: You also agree
that .uk Domains which are not renewed will be deleted one day
before the scheduled expiration date. For example: You register
a .UK domain on April 9, 2003, for two years. Then, on April
7, 2005, you renew the domain for an additional one year. Your
domain will then be scheduled to expire on April 9, 2006. If,
however, you do not renew your domain on April 7, 2005, it will
be deleted on April 8, 2005. The reason for this is that Nominet
uses a non-real-time email-based system to make status changes
in the .UK registry. The combination of this email-based system
and Nominet's policy on renewals means that we will be charged
for a renewal unless the name is deleted (via instructions in
an email) prior to the end of the registration period which
is then in effect. As a consequence, if we do not receive your
renewal instructions prior to one-day before the end of the
registration period, we will send the delete instruction one-day
before the end of the registration period then in effect. Also,
all .UK registrations are bound to a different Dispute Policy
than the one outlined in section 4 above. Section 4 will still
apply when registering any .UK domain however Nominet's Dispute
Policy shall be applied instead of the Uniform Domain Name Dispute
Resolution Policy.
8. (.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.
1. 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).
2. Provision of Registration Data. As part of the registration |