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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.
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. You agree to provide written, signed authorization to eNom
for the transfer of the domain name to another registrar and agree
to pay any and all fees that may be charged by eNom to effect the
transfer. Your request to transfer to another registrar may be denied
in situations described in the Dispute Policy, including, but not
limited to: a dispute over the identity of the domain name holder;
bankruptcy; and default in the payment of any fees.
6. Modifications to 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 info@enom.com
or United States mail at the addresses listed on the cover page
of this Agreement. Notice of your termination will be effective
on receipt and processing by us. You agree that, by continuing to
use the 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 the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration,
the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your
registration may not be renewed.
All other information which we may request from you at registration
is voluntary. However, not providing the requested information may
prevent you from obtaining all products and services made available
to domain name registrants by us, other than registration of the
domain name.
b. Additional Information Maintained About Your Registration.
In addition to the information you provide, we maintain records
relating to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application
to us and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence
between you and us;
iv. Records of account for your domain name registration, including
dates and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the
domain name;
viii. The name, postal address, e-mail address, voice telephone
number, and where available, fax number of the zone contact for
the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding
all other activity between you and us and third parties relating
to your domain name registration and related services.
c. Your Obligations Relating to the Account Information.
In the event that, in registering the domain name, you are providing
information about or on behalf of a third party, you hereby represent
that you have (a) provided notice to that third party of the disclosure
and use of that party's information as set forth in this Agreement,
and (b) that you have obtained that third party's express consent
to the disclosure and use of that party's information as set forth
in this Agreement. By registering a name or applying for services
you also represent that the statements in its application are true
and you also represent that the Domain Name is not being registered
for any unlawful purpose.
You
acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material
breach of this Agreement and will be sufficient basis for cancellation
of your domain name registration. You further agree that your failure
to respond for over ten (10 ) calendar days to inquiries by 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.
- (.NU)
In addition to the terms set forth above, the following terms
shall apply to registrants of .tv, .cc, .bz, .nu and .ws domain
names. Your registration of a domain name in the .TV, .CC, .BZ,
.NU or .WS top-level domain ("New TLD Domain Name"), is subject
to policies established or revised from time to time by the registry
for such New TLD Domain Name ("New TLD Registry"), in its capacity
as the registry for its respective Top Level Domain. Each respective
New TLD Registry's current policies ("New TLD Registry Policies")
are available for you to review at each New TLD's respective website.
You agree to be bound by and comply with the applicable New TLD
Registry Policies, including amendments and modifications thereto,
with respect to your New TLD Domain Name registration. Such policies
shall not alter the terms and conditions of this Agreement. To
the extent there is a conflict between the New TLD Registry policies
and the terms of this Agreement, the terms of this Service Agreement
shall prevail. You agree that the New TLD Registry has the right
to enforce the New TLD Registry Policies.
- (.INFO)
Should you seek to register a .INFO second level domain name
you, the registrant, must agree to the following terms:
- Registrant
consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's Personal
Data by Afilias, the .INFO Registry Operator, and its designees
and agents in a manner consistent with the purposes specified
pursuant in its contract.
- Registrant
agrees to submit to proceedings under ICANN's Uniform Domain
Name Dispute Policy (UDRP) and comply with the requirements
set forth by Afilias for domain names registered during the
Sunrise Period, including the mandatory Sunrise Dispute Resolution
Policy. These policies are subject to modification.
- Registrant
agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered
Name, failure to correct this information shall constitute a
breach of this Agreement.
- Registrant
acknowledges that Afilias, the registry operator for .INFO,
will have no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the
Sunrise Period or the Land Rush Period, including, without limitation:
(a) the ability or inability of a registrant to obtain a Registered
Name during these periods, and (b) the results of any dispute
over a Sunrise Registration.
- Registrar
and Afilias, the registry operator for .INFO, expressly reserve
the right to deny, cancel or transfer any registration that
it deems necessary, in its discretion, to protect the integrity
and stability of the registry, to comply with any applicable
laws, government rules or requirements, requests of law enforcement,
in compliance with any dispute resolution process, or to avoid
any liability, civil or criminal, on the part of Registrar and/or
Afilias as well as their affiliates, subsidiaries, officers,
directors and employees. Registrar and Afilias also reserve
the right to freeze a domain name during resolution of a dispute.
- (.BIZ)
Should you seek to register a .BIZ second level domain name
you, the registrant, must agree to the following terms:
- BIZ
RESTRICTIONS. Registrations in the .biz TLD must be used or
intended to be used primarily for bona fide business or commercial
purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall
mean the bona fide use or bona fide intent to use the domain
name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one
or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property
of any kind; or, b) the ordinary course of trade or business.Registering
a domain name solely for the purposes of
i. selling, trading or leasing the domain name for compensation,
or ii. the unsolicited offering 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. 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.
- (.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 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.
- 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 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.
- 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.
- 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.
- 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 eNom,
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.
- Government
Use of Data.
You understand and agree that the U.S. Government shall have
the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly
and display publicly, in any manner and for any purpose whatsoever
and to have or permit other to do so, all Data provided by
Registrant. "Data" means any recorded information, and includes
without limitation, technical data and computer software,
regardless of the form or the medium on which it may be recorded.
- Licensing
of a Domain Name.
If you intend to license use of a domain name to a third party,
you nonetheless are the registrant of record and are responsible
for providing full contact information and for providing and
updating accurate technical and administrative contact information
adequate to facilitate timely resolution of any problems that
arise in connection with the domain name. You shall accept
liability for harm caused by wrongful use of the domain name,
unless you promptly disclose the identity of the licensee
to a party providing you reasonable evidence of actionable
harm
- Domain
Name Dispute Policy.
If you reserved or registered a .us domain name through us,
you agree to be bound by our current domain name dispute policy
that is incorporated herein and made a part of this Agreement
by reference. Please take the time to familiarize yourself
with that policy. In addition, you hereby acknowledge that
you have read and understood and agree to be bound by the
terms and conditions of the policies of the usTLD Administrator
as documented on its website, www.neustar.us, as they may
be amended from time to time, and which are hereby incorporated
and made an integral part of this Agreement.
- Domain
Name Dispute Policy Modifications.
You agree that we, in our sole discretion, may modify our
dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation
or registration of your domain name after modifications to
the dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to
any such modification, you may terminate this Agreement. We
will not refund any fees paid by you if you terminate your
Agreement with us.
- 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 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.
- 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.
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