This Domain Registrant Agreement helps us provide the bold, fresh-roasted service you've come to expect.
This Domain Registrant Agreement (hereinafter referred to as
the "Agreement") between you ("you", "your" or "Registrant")
and the Registrar of the Domain Name, or .NAME Defensive
Registration, or .NAME Mail Forward (the "Order") that you
have registered/reserved through or transferred to
Registrar, sets forth the terms and conditions of
Registrar's domain name registration service and other
associated services as described herein.
If you are entering into this agreement on behalf of a
company or other legal entity, you represent that you have
the authority to bind such entity to these terms and
conditions, in which case the terms "you", "your" and
"Registrant" shall refer to such entity.
This Agreement explains our obligations to you, and your
obligations to us in relation to each Domain Name, or .NAME
Defensive Registration, or .NAME Mail Forward that you have
registered/reserved through or transferred to Registrar
("Order"), directly or indirectly, whether or not you have
been notified about Registrar.
This Agreement will become effective when the term of your
Order begins with Registrar and will remain in force until
the Order remains as an active Order with Registrar.
Registrar may elect to accept or reject the Order
application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a
request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet
registration and management services for domain names, for
the list of TLDs mentioned within APPENDIX 'U';
AND WHEREAS, the Registrant is the Owner of a registration
of a domain name ("the SLD") in any of the TLDs mentioned
within APPENDIX 'U', directly or indirectly;
NOW, THEREFORE, for and in consideration of the mutual
promises, benefits and covenants contained herein and for
other good and valuable consideration, the receipt, adequacy
and sufficiency of which are hereby acknowledged, Registrar
and the Registrant, intending to be legally bound, hereby
agree as follows:
1. DEFINITIONS
(1) "Business Day" refers to a working day between Mondays
to Friday excluding all Public Holidays.
(2) "Communications" refers to date, time, content,
including content in any link, of all oral / transmitted /
written communications / correspondence between Registrar,
and the Registrant, and any Artificial Juridical Person,
Company, Concern, Corporation, Enterprise, Firm, Individual,
Institute, Institution, Organization, Person, Society, Trust
or any other Legal Entity acting on their behalf.
(3) "Customer" refers to the customer of the Order as
recorded in the OrderBox Database.
(4) "OrderBox" refers to the set of Servers, Software,
Interfaces, Registrar Products and API that is provided for
use directly or indirectly under this Agreement by Registrar
and/or its Service Providers.
(5) "OrderBox Database" is the collection of data elements
stored on the OrderBox Servers.
(6) "OrderBox Servers" refer to Machines / Servers that
Registrar or its Service Providers maintain to fulfill
services and operations of the OrderBox.
(7) "OrderBox User" refers to the Customer and any Agent,
Employee, Contractee of the Customer or any other Legal
Entity, that has been provided access to the "OrderBox" by
the Customer, directly or indirectly.
(8) "Registrar" refers to the Registrar of record as shown
in a Whois Lookup for the corresponding Order at the
corresponding Registry Operator.
(9) "Registrar Products" refer to all Products and Services
of Registrar which it has provided/rendered/sold, or is
providing/rendering/selling.
(10) "Registrar Servers" refer to web servers, Mailing List
Servers, Database Servers, OrderBox Servers, Whois Servers
and any other Machines / Servers that Registrar or its
Service Providers Operate, for the OrderBox, the Registrar
Website, the Registrar Mailing Lists, Registrar Products and
any other operations required to fulfill services and
operations of Registrar.
(11) "Registrar Website" refers to the website of the
Registrar.
(12) "Registry Operator" refers individually and
collectively to any Artificial Juridical Persons, Company,
Concern, Corporation, Enterprise, Firm, Individual,
Institute, Institution, Organization, Person, Society, Trust
or any other Legal Entity that is involved in the management
of any portion of the registry of the TLD, including but not
limited to policy formation, technical management, business
relationships, directly or indirectly as an appointed
contractor.
(13) "Resellers" - The Registrant may purchase the Order
through a reseller, who in turn may purchase the same
through a reseller and so on (collectively known as the
"Resellers").
(14) "Service Providers" refers individually and
collectively to any Artificial Juridical Persons, Company,
Concern, Corporation, Enterprise, Firm, Individual,
Institute, Institution, Organization, Person, Society, Trust
or any other Legal Entity that the Customer and/or Registrar
and/or Service Providers (recursively) may, directly or
indirectly, Engage / Employ / Outsource / Contract for the
fulfillment / provision / purchase of Registrar Products,
OrderBox, and any other services and operations of
Registrar.
(15) "Whois" refers to the public service provided by
Registrar and Registry Operator whereby anyone may obtain
certain information associated with the Order through a
"Whois Lookup".
(16) "Whois Record" refers to the collection of all data
elements of the Order, specifically its Registrant Contact
Information, Administrative Contact Information, Technical
Contact Information, Billing Contact Information,
Nameservers if any, its Creation and Expiry dates, its
Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE
REGISTRANT
(1) The Registrant agrees to provide, maintain and update,
current, complete and accurate information of the Whois
Record and all the data elements about the Order in the
OrderBox Database during the term of the Order. Registrant
agrees that provision of inaccurate or unreliable
information, and/or Registrant's failure to promptly update
information, or non-receipt of a response for over five (5)
calendar days to inquiries sent to the email address of the
Registrant or any other contact listed for the Order in the
OrderBox database concerning the accuracy of contact
information associated with the Order shall be constituted
as a breach of this Agreement and a basis for freezing,
suspending, or deleting that Order.
(2) The Registrant acknowledges that in the event of any
dispute and/or discrepancy concerning the data elements of
the Order in the OrderBox Database, the data element in the
OrderBox Database records shall prevail.
(3) The Registrant acknowledges that the authentication
information for complete control and management of the Order
will be accessible to the Registry Operator, Service
Providers, Resellers and the Customer. Any modification to
the Order by the Resellers, Customer or Service Providers
will be treated as if it is authorized by the Registrant
directly. Registrar is not responsible for any modification
to the Order by the Customer, Resellers, Registry Operator,
or Service Providers.
(4) The Registrant acknowledges that all communication about
the Order will be only done with the Customer or the
Resellers of the Order. Registrar is not required to, and
may not directly communicate with the Registrant during the
entire term of the Order.
(5) The Registrant shall comply with all terms or conditions
established by Registrar, Registry Operator and/or Service
Providers from time to time.
(6) The Registrant must comply with all applicable terms and
conditions, standards, policies, procedures, and practices
laid down by ICANN
(http://www.icann.org/en/registrars/registrant-rights-responsibilities-en.htm)
and the Registry Operator.
(7) During the term of this Agreement and for three years
thereafter, the Registrant shall maintain the following
records relating to its dealings with Registrar, Resellers
and their Agents or Authorized Representatives:
(1) in electronic, paper or microfilm form, all written
communications with respect to the Order;
(2) in electronic form, records of the accounts of the
Order, including dates and amounts of all payments,
discount, credits and refunds.
The Registrant shall make these records available for
inspection by Registrar upon reasonable notice not exceeding
14 days.
3. REPRESENTATIONS AND
WARRANTIES
Registrar and Registrant represent and warrant that:
(1) They have all requisite power and authority to execute,
deliver and perform their obligations under this Agreement.
(2) This Agreement has been duly and validly executed and
delivered and constitutes a legal, valid and binding
obligation, enforceable against Registrant and Registrar in
accordance with its terms.
(3) The execution, delivery, and performance of this
Agreement and the consummation by Registrar and the
Registrant of the transactions contemplated hereby will not,
with or without the giving of notice, the lapse of time, or
both, conflict with or violate:
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents;
(4) any agreement or other instrument.
(4) The execution, performance and delivery of this
Agreement has been duly authorized by the Registrant and
Registrar.
(5) No consent, approval, or authorization of, or exemption
by, or filing with, any governmental authority or any third
party is required to be obtained or made in connection with
the execution, delivery, and performance of this Agreement
or the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of
this Agreement;
(2) the Registrant has independently evaluated the
desirability of the service and is not relying on any
representation agreement, guarantee or statement other than
as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract
according to the laws of his country.
4. RIGHTS OF REGISTRAR,
REGISTRY OPERATOR AND SERVICE PROVIDERS
(1) Registrar, Service Providers and Registry Operator may
change any information, of the Order, or transfer the Order
to another Registrant, or transfer the Order to another
Customer, upon receiving any authorization from the
Registrant, or the Customer, or Resellers as maybe
prescribed by Registrar from time to time.
(2) Registrar, Service Providers and Registry Operator may
provide/send any information, about the Registrant, and the
Order including Authentication information:
(1) to the Registrant;
(2) to any authorised representative, agent, contractee,
employee of the Registrant upon receiving authorization in
any form as maybe prescribed by Registrar from time to time;
(3) to the Customer, Resellers, Service Providers and
Registry Operator;
(4) to anyone performing a Whois Lookup for the Order.
(3) Registrar in its own discretion can at any point of time
with reasonable notification temporarily or permanently
cease to sell any Registrar Products.
(4) Registrar and the Registry Operator, in their sole
discretion, expressly reserve the right to deny any Order or
cancel an Order within 30 days of processing the same. In
such case Registrar may refund the fees charged for the
Order, after deducting any processing charges for the same.
(5) Notwithstanding anything to the contrary, Registrar,
Registry Operator and Service Providers, in their sole
discretion, expressly reserve the right to without notice or
refund, delete, suspend, deny, cancel, modify, take
ownership of or transfer the Order, or to modify, upgrade,
suspend, freeze OrderBox, or to publish, transmit, share
data in the OrderBox Database with any person or entity, or
to contact any entity in the OrderBox Database, in order to
recover any Payment from the Registrant, Customer or
Resellers, for any service rendered by Registrar including
services rendered outside the scope of this agreement for
which the Registrant, Customer or Reseller has been notified
and requested to remit payment, or to correct mistakes made
by Registrar, Registry Operator or Service Providers in
processing or executing the Order, or incase of any breach
of this Agreement, or incase Registrar learns of a
possibility of breach or violation of this Agreement which
Registrar in its sole discretion determines to be
appropriate, or incase of Termination of this agreement, or
if Registrar learns of any such event which Registrar
reasonably determines would lead to Termination of this
Agreement or would constitute as Breach thereof, or to
protect the integrity and stability of the Registrar
Products, OrderBox, and the Registry or to comply with any
applicable laws, government rules or requirements, requests
of law enforcement, or in compliance with any dispute
resolution process, or in accordance/compliance with any
agreements executed by Registrar including but not limited
to agreements with Service Providers, and/or Registry
Operator, and/or Customers and/or Resellers, or to avoid any
liability, civil or criminal, on the part of Registrar
and/or Service Providers, and/or the Registry Operator, as
well as their affiliates, subsidiaries, officers, directors
and employees, or if the Registrant and/or Agents or any
other authorized representatives of the Registrant violate
any applicable laws/government rules/usage policies,
including but not limited to, intellectual property,
copyright, patent, anti-spam, Phishing (identity theft),
Pharming (DNS hijacking), distribution of virus or malware,
child pornography, using Fast Flux techniques, running
Botnet command and control, Hacking (illegal access to
another computer or network), network attacks, money
laundering schemes (Ponzi, Pyramid, Money Mule, etc.),
illegal pharmaceutical distribution, or Registrar learns of
the possibility of any such violation or upon appropriate
authorization (what constitutes appropriate authorization is
at the sole discretion of Registrar) from the Registrant or
Customer or Reseller or their authorized representatives, or
if Registrar, Registry Operator or Service Providers in
their sole discretion determine that the information
associated with the Order is inaccurate, or has been
tampered with, or has been modified without authorization,
or if Registrar or Service Providers in their sole
discretion determine that the ownership of the Order should
belong to another entity, or if Reseller/Customer/Registrant
does not comply with any applicable terms and conditions,
standards, policies, procedures, and practices laid down by
Registrar, Service Providers, ICANN, the Registrar, the
Registry Operator or for any appropriate reason. Registrar
or Registry Operator, also reserve the right to freeze the
Order during resolution of a dispute. The Registrant agrees
that Registrar, Registry Operator and Service Providers, and
the contractors, employees, directors, officers,
representatives, agents and affiliates, of Registrar,
Registry Operator and Service Providers, are not liable for
loss or damages that may result from any of the above.
(6) Registrar and Service Providers can choose to redirect
an Order to any IP Address including, without limitation, to
an IP address which hosts a parking page or a commercial
search engine for the purpose of monetization, if an Order
has expired, or is suspended, or does not contain valid Name
Servers to direct it to any destination. Registrant
acknowledges that Registrar and Service Providers cannot and
do not check to see whether such a redirection, infringes
any legal rights including but not limited to intellectual
property rights, privacy rights, trademark rights, of
Registrant or any third party, or that the content displayed
due to such redirection is inappropriate, or in violation of
any federal, state or local rule, regulation or law, or
injurious to Registrant or any third party, or their
reputation and as such is not responsible for any damages
caused directly or indirectly as a result of such
redirection.
(7) Registrar and Registry Operator has the right to rectify
any mistakes in the data in the OrderBox Database with
retrospective effect.
5. DISPUTE PROCESS
The Registrant agrees that, if the use of the Order is
challenged by a third party, the Registrant will be subject
to the provisions of the appropriate Dispute policy for that
Order as mentioned in the appropriate Appendix in effect at
the time of the dispute. The Registrant agrees that in the
event a dispute arises with any third party, the Registrant
will indemnify and hold Registrar, Registry Operator and
Service Providers harmless in all circumstances, and that
Registrar, Registry Operator and Service Providers will have
no liability of any kind for any loss or liability resulting
from any such dispute, including the decision and final
outcome of such dispute. If a complaint has been filed with
a judicial or administrative body regarding the Registrant's
use of the Order, the Registrant agrees not to make any
changes to the Order without Registrar's prior approval.
Registrar may not allow the Registrant to make changes to
such Order until:
(1) Registrar is directed to do so by the judicial or
administrative body; or
(2) Registrar receives notification, in a manner prescribed
by Registrar from time to time, by the Registrant and the
other party contesting the Registrant registration or use of
the Order, that the dispute has been settled.
6. TERM OF AGREEMENT /
RENEWALS
(1) The term of this Agreement shall continue until the
registrant of the Order in the OrderBox database continues
to be the Registrant and the Order continues to exist and
the Order Registration term continues to exist.
(2) Registrant acknowledges that it is the Registrant's
responsibility to keep records and maintain reminders
regarding the expiry of any Order. As a convenience to the
Registrant, and not as a binding commitment, we may notify
the Customer, via an email message sent to the contact
information associated with the Customer in the OrderBox
database, about the expiry of the Order. Should renewal fees
go unpaid for an Order, the Order will expire.
(3) Registrant acknowledges that after expiration of the
term of an Order, Registrant has no rights on such Order, or
any information associated with such Order, and that
ownership of such Order now passes on to the Registrar.
Registrar and Service Providers may make any modifications
to said Order or any information associated with said Order.
Registrar and Service Providers may intercept any
network/communication requests to such Order and process
them in any manner in their sole discretion. Registrar and
Service Providers may choose to monetize such requests in
any fashion at their sole discretion. Registrar and Service
Providers may choose to display any appropriate message,
and/or send any response to any user making a
network/communication request, for or concerning said Order.
Registrar and Service Providers may choose to delete said
Order at anytime after expiry upon their sole discretion.
Registrar and Service Providers may choose to transfer the
ownership of the Order to any third party in their sole
discretion. Registrant acknowledges that Registrar and
Service Providers shall not be liable to Registrant or any
third party for any action performed under this clause.
(4) Registrar at its sole discretion may allow the renewal
of the Order after Order expiry, and such renewal term will
start as on the date of expiry of the Order, unless
otherwise specified. Such process may be charged separately
at the price then prevailing for such a process as
determined by the Registrar in its sole discretion. Such
renewal after the expiry of the Order may not result in
exact reinstatement of the Order in the same form as it was
prior to expiry.
(5) Registrar makes no guarantees about the number of days,
after deletion of an Order, after which the same Order will
once again become available for purchase.
(6) This Agreement shall terminate immediately in the event:
(1) Registrar's contract with the Service Providers for the
fulfillment of such Order is terminated or expires without
renewal;
(2) Registrar's contract with the Registry Operator is
terminated or expires without renewal;
(3) Registry Operator ceases to be the Registry Operator for
the particular TLD;
(4) of Registrant-Registrant Transfer as per Section 8;
(5) of Registrar-Registrar Transfer as per Section 9.
(7) Upon Termination of this Agreement, Registrar may
delete/suspend/transfer/modify the Order and suspend
OrderBox Users' access to the OrderBox with immediate
effect, upon the sole discretion of Registrar.
(8) Neither Party shall be liable to the other for damages
of any sort resulting solely from terminating this Agreement
in accordance with its terms, unless specified otherwise.
The Registrant however shall be liable for any damage
arising from any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms
and Conditions set out in Appendix 'B.'
8. REGISTRANT - REGISTRANT
TRANSFER
(1) Registrar may transfer the Order of the Registrant to
another registrant under the following circumstances:
(1) authorization from the Registrant and/or their Agent or
Authorized Representative in a manner prescribed by
Registrar from time to time;
(2) authorization from the Customer and/or the Reseller in a
manner prescribed by Registrar;
(3) on receiving orders from a competent Court or Law
Enforcement Agency;
(4) for fulfillment of a decision in a domain dispute
resolution;
(5) breach of Contract;
(6) termination of this Agreement;
(7) Registrar learns of any such event, which Registrar
reasonably determines would lead to Termination of this
Agreement, or would constitute as Breach thereof.
(2) Registrant acknowledges that Registrar cannot verify the
authenticity of any information, authorization or
instructions received in Section (8)(1). Upon receiving such
authorization that Registrar in its absolute unfettered and
sole discretion deems to be genuine, Registrar may transfer
the Order. Registrar cannot be held liable for any such
transfer under any circumstance including but not limited to
fraudulent or forged authorization received by Registrar.
(3) In the above circumstances the Registrant shall extend
full cooperation to Registrar in transferring the Order of
the Registrant to another registrant including without
limitation, handing over all data required to be stored by
the Registrant as per Section 3(5), and complying with all
requirements to facilitate a smooth transfer.
(4) The Registrant's Order may not be transferred until
Registrar receives such written assurances or other
reasonable assurance that the new registrant has been bound
by the contractual terms of this Agreement (such reasonable
assurance as determined by Registrar in its sole
discretion). If the Transferee fails to be bound in a
reasonable fashion (as determined by Registrar in its sole
discretion) to the terms and conditions in this Agreement,
any such transfer maybe considered by Registrar as null and
void in its sole discretion.
9. REGISTRAR-REGISTRAR
TRANSFER
(1) The Registrant acknowledge and agree that during the
first 60 days after initial registration of the Order, or
after expiration of the Order the Registrant may not be able
to transfer the Order to another registrar.
(2) Registrar may request the Registrant or any other
contact associated with the Order for authorization upon
receiving a request to transfer the Order to another
registrar. The Registrant agrees to provide such
authorization to Registrar. Registrar, in its sole
discretion will determine, if such authorization is adequate
to allow the transfer.
(3) Registrar in its sole discretion may allow the transfer
of a domain name away to another registrar, without
contacting the Registrant or any other contact, if Registrar
in its sole discretion determines that the transfer request
it has received is a valid transfer request.
(4) Registrar in its sole discretion may allow the transfer
of a domain name away to another registrar, without
contacting the Registrant or any other contact pursuant to
the then applicable process and rules of transfer of domain
names as laid out by the Registry Operator. Registrant
acknowledges that it is their responsibility to research and
acquaint themselves with these rules and any applicable
changes from time to time.
(5) Registrar may deny or prevent a transfer of an Order to
another registrar in situations described in this Agreement
including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees;
(3) any pending dues from the Customer or Resellers' or
Registrant for any services rendered, whether under this
agreement;
(4) any pending Domain Dispute Resolution process with
respect to the Order;
(5) if the Order has been locked or suspended by the
Customer or Resellers;
(6) any situation where denying the transfer is permitted
under the then applicable process and rules of transfer of
domain names as laid out by the Registry Operator,
Registrant acknowledges that it is their responsibility to
research and acquaint themselves with these rules and any
applicable changes from time to time;
(7) any other circumstance described in this Agreement;
(8) for any other appropriate reason;
(6) Registrar may at its sole discretion lock or suspend the
Order to prevent a Domain Transfer.
(7) Registrar cannot be held liable for any domain name
transferred away to another registrar, or for any denial of
a transfer, in accordance with this Section 9
(Registrar-Registrar Transfer).
10. LIMITATION OF LIABILITY
IN NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE
PROVIDERS OR CONTRACTORS OR THIRD PARTY BENEFICIARIES BE
LIABLE TO THE REGISTRANT FOR ANY LOSS OF REGISTRATION AND
USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY
SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING
FROM LOSS OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH
THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF
REGISTRAR AND/OR ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF
THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY
RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS
STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS
INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR
DATA MISS-DELIVERY;
(5) LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR
MISSTATEMENTS IN ANY AND ALL INFORMATION OR REGISTRAR
PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF
SERVICE.
If any legal action or other legal proceeding (including
arbitration) relating to the performance under this
Agreement or the enforcement of any provision of this
Agreement is brought against Registrar by the Registrant,
then in no event will the liability of Registrar exceed
actual amount received by Registrar for the Order minus
direct expenses incurred with respect to the Order.
REGISTRANT ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY
REGISTRAR IS BASED IN PART UPON THESE LIMITATIONS, AND THAT
THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY FAILURE OF
ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE
LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED
TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1) The Registrant, at its own expense, will indemnify,
defend and hold harmless, Registrar, Service Provider,
Registry Operator, Resellers and the contactors, employees,
directors, officers, representatives, agents and affiliates,
of Registrar, Registry Operator, Service Providers, and
Resellers against any claim, suit, action, or other
proceeding brought against them based on or arising from any
claim or alleged claim, of third parties relating to or
arising under this Agreement, Registrar Products provided
hereunder, or any use of the Registrar Products, including
without limitation:
(1) infringement by the Registrant, or someone else using a
Registrar Product with the Registrant's computer, of any
intellectual property or other proprietary right of any
person or entity;
(2) arising out of any breach by the Registrant of this
Agreement;
(3) arising out of, or related to, the Order or use of the
Order;
(4) relating to any action of Registrar as permitted by this
Agreement;
(5) relating to any action of Registrar carried out on
behalf of Registrant as described in this Agreement.
However, that in any such case Registrar may serve either of
the Registrant with notice of any such claim and upon their
written request, Registrar will provide to them all
available information and assistance reasonably necessary
for them to defend such claim, provided that they reimburse
Registrar for its actual costs.
(2) Registrar will not enter into any settlement or
compromise of any such indemnifiable claim without
Registrant's prior written consent, which shall not be
unreasonably withheld.
(3) The Registrant will pay any and all costs, damages, and
expenses, including, but not limited to, actual attorneys'
fees and costs awarded against or otherwise incurred by
Registrar in connection with or arising from any such
indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject to the provisions of this Agreement, each Party will
continue to independently own his/her/its intellectual
property, including all patents, trademarks, trade names,
domain names, service marks, copyrights, trade secrets,
proprietary processes and all other forms of intellectual
property. Any improvements to existing intellectual property
will continue to be owned by the Party already holding such
intellectual property.
Without limiting the generality of the foregoing, no
commercial use rights or any licenses under any patent,
patent application, copyright, trademark, know-how, trade
secret, or any other intellectual proprietary rights are
granted by Registrar to the Registrant, or by any disclosure
of any Confidential Information to the Registrant under this
Agreement.
Registrant shall further ensure that the Registrant does not
infringe any intellectual property rights or other rights of
any person or entity, or does not publish any content that
is libelous or illegal while using services under this
Agreement. Registrant acknowledges that Registrar cannot and
does not check to see whether any service or the use of the
services by the Registrant under this Agreement, infringes
legal rights of others.
13. OWNERSHIP AND USE OF
DATA
(1) You agree and acknowledge that Registrar owns all data,
compilation, collective and similar rights, title and
interests worldwide in the OrderBox Database, and all
information and derivative works generated from the OrderBox
Database.
(2) Registrar, Service Providers and the Registry Operator
and their designees/agents have the right to backup, copy,
publish, disclose, use, sell, modify, process this data in
any form and manner as maybe required for compliance of any
agreements executed by Registrar, or Registry Operator or
Service Providers, or in order to fulfill services under
this Agreement, or for any other appropriate reason.
14. DELAYS OR OMISSIONS;
WAIVERS
No failure on the part of any Party to exercise any power,
right, privilege or remedy under this Agreement, and no
delay on the part of any Party in exercising any power,
right, privilege or remedy under this Agreement, shall
operate as a waiver of such power, right, privilege or
remedy; and no single or partial exercise or waiver of any
such power, right, privilege or remedy shall preclude any
other or further exercise thereof or of any other power,
right, privilege or remedy.
No Party shall be deemed to have waived any claim arising
out of this Agreement, or any power, right, privilege or
remedy under this Agreement, unless the waiver of such
claim, power, right, privilege or remedy is expressly set
forth in a written instrument on behalf of such Party; and
any such waiver shall not be applicable or have any effect
except in the specific instance in which it is given.
No waiver of any of the provisions of this Agreement shall
be deemed to constitute a waiver of any other provision
(whether or not similar), nor shall such waiver constitute a
waiver or continuing waiver unless otherwise expressly
provided in writing.
15. RIGHT TO SUBSTITUTE
UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant
agrees that Registrar may:
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2) Registrar, or the Registry Operator or any
corresponding/designated policy formulating body may revise
ANY of the Dispute policies, and eligbility criterias set
forth in the various appendices as well as in any of the
external URLs referenced within the appendices.
(3) Any such revision or change will be binding and
effective immediately on posting of the revision on the
Registrar Website or the corresponding URL referenced in
this Agreement.
(4) The Registrant agrees to review the Registrar Website
and all other URLs referenced in this Agreement,
periodically, to be aware of any such revisions.
(5) The Registrant agrees that, continuing use of the
services under this Agreement following any revision, will
constitute as an acceptance of any such revisions or
changes.
(6) The Registrant acknowledges that if the Registrant does
not agree to any such modifications, the Registrant may
terminate this Agreement within 30 days of such revision. In
such circumstance Registrar will not refund any fees paid by
the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or
permit any written / Oral / electronic material that makes
reference to us or our Service Providers or uses any of
Registrar's registered Trademarks / Service Marks or our
Service Providers' registered Trademarks / Service Marks
without first submitting such material to us and our Service
Providers and receiving prior written consent.
The Registrant gives Registrar the right to use the
Registrant names in marketing / promotional material with
regards to Registrar Products to Visitors to the Registrar
Website, Prospective Clients and existing and new customers.
17. TAXES
The Registrant shall be responsible for sales tax,
consumption tax, transfer duty, custom duty, octroi duty,
excise duty, income tax, and all other taxes and duties,
whether international, national, state or local, however
designated, which are levied or imposed or may be levied or
imposed, with respect to this Agreement and the Registrar
Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or
damage resulting from any cause beyond its reasonable
control (a "Force Majeure Event") including, but not limited
to, insurrection or civil disorder, riot, war or military
operations, national or local emergency, acts or directives
or omissions of government or other competent authority,
compliance with any statutory obligation or executive order,
strike, lock-out, work stoppage, industrial disputes of any
kind (whether or not involving either party's employees),
any Act of God, fire, lightning, explosion, flood,
earthquake, eruption of volcano, storm, subsidence, weather
of exceptional severity, equipment or facilities breakages /
shortages which are being experienced by providers of
telecommunications services generally, or other similar
force beyond such Party's reasonable control, and acts or
omissions of persons for whom neither party is responsible.
Upon occurrence of a Force Majeure Event and to the extent
such occurrence interferes with either party's performance
of this Agreement, such party shall be excused from
performance of its obligations (other than payment
obligations) during the first six months of such
interference, provided that such party uses best efforts to
avoid or remove such causes of non performance as soon as
possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the
provisions of this Agreement shall inure to the benefit of
and be binding upon, the successors and assigns of the
Parties; provided, however, that any such successor or
assign be permitted pursuant to the Articles, Bylaws or
policies of Registrar.
The Registrant shall not assign, sublicense or transfer its
rights or obligations under this Agreement to any third
person/s except as provided for in Section 8 (REGISTRANT -
REGISTRANT TRANSFER) or with the prior written consent of
Registrar.
Registrant agrees that if Registrant licenses the use of the
Order to a third party, the Registrant nonetheless remains
the Registrant of record, and remains responsible for all
obligations under this Agreement.
20. NO GUARANTY
The Registrant acknowledges that registration or reservation
of the Order does not confer immunity from objection to the
registration, reservation, or use of the Order.
21. DISCLAIMER
THE ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar
Website AND ANY OTHER SOFTWARE / API / SPECIFICATION /
DOCUMENTATION / APPLICATION SERVICES IS PROVIDED ON "AS IS"
AND "WHERE IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL
WARRANTIES AND / OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND
FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF
THIRD PARTY RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL
SUPPORT.
REGISTRAR AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND
SHALL NOT BE LIABLE FOR ANY DAMAGES TO, OR VIRUSES THAT MAY
AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER PROPERTY IN
CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX OR BY
ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING,
REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR
GUARANTEE THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE
ON OR THROUGH ORDERBOX OR REGISTRAR SERVERS WILL BE FREE OF
INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR ANYTHING ELSE
MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION
AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR SERVERS WILL
NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME
INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR
SERVICES PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL
BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE ORDERBOX WILL BE CORRECTED; OR (D) THE
SERVICE WILL MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E)
THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE IN
COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR
DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR
ALERTS FOR ANY EVENTS FROM THE SYSTEM INCLUDING BUT NOT
LIMITED TO ANY MODIFICATION TO YOUR ORDER, ANY TRANSACTION
IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR
WARRANTIES AS TO THE SUITABILITY OF THE INFORMATION
AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY, LEGALITY,
VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR
RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE,
VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH
INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF
IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO
IMPLIED WARRANTIES, MAY NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER WARRANTS NOR MAKES ANY
REPRESENTATIONS REGARDING THE USE OR THE RESULTS OF THE
ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER
SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION
SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY,
RELIABILITY, OR OTHERWISE.
22. JURISDICTION &
ATTORNEY'S FEES
This Agreement shall be governed by and interpreted and
enforced in accordance with the laws of the Country, State
and City where Registrar is incorporated, applicable therein
without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in city,
state, country where Registrar is incorporated. Registrar
reserves the right to enforce the law in the
Country/State/District where the Registered/Corporate/Branch
Office, or Place of Management/Residence of the Registrant
is situated as per the laws of that Country/State/District.
If any legal action or other legal proceeding relating to
the performance under this Agreement or the enforcement of
any provision of this Agreement is brought against either
Party hereto, the prevailing Party shall be entitled to
recover reasonable attorneys' fees, costs and disbursements
(in addition to any other relief to which the prevailing
Party may be entitled.
For the adjudication of disputes concerning or arising from
use of the Order, the Registrant shall submit, without
prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant's
domicile and (2) the Registrar's country of incorporation.
23. MISCELLANEOUS
(1) Any reference in this Agreement to gender shall include
all genders, and words importing the singular number only
shall include the plural and vice versa.
(2) There are no representations, warranties, conditions or
other agreements, express or implied, statutory or
otherwise, between the Parties in connection with the
subject matter of this Agreement, except as specifically set
forth herein.
(3) The Parties shall attempt to resolve any disputes
between them prior to resorting to litigation through mutual
understanding or a mutually acceptable Arbitrator.
(4) This Agreement shall inure to the benefit of and be
binding upon Registrar and the Registrant as well as all
respective successors and permitted assigns.
(5) Survival: In the event of termination of this Agreement
for any reason, Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13,
14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16, 17, 18,
21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of
Appendix A, and all Sections of Appendix B, and Sections 1,
2, 3 of Appendix W shall survive.
(6) This Agreement does not provide and shall not be
construed to provide third parties (i.e. non-parties to this
Agreement), with any remedy, claim, and cause of action or
privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers,
Registry Operator, Resellers, and Customer are independent
contractors, and nothing in this Agreement will create any
partnership, joint venture, agency, franchise, and sales
representative or employment relationship between the
parties.
(8) Further Assurances: Each Party hereto shall execute
and/or cause to be delivered to the other Party hereto such
instruments and other documents, and shall take such other
actions, as such other Party may reasonably request for the
purpose of carrying out or evidencing any of the
transactions contemplated / carried out, by / as a result
of, this Agreement.
(9) Construction: The Parties agree that any rule of
construction to the effect that ambiguities are to be
resolved against the drafting Party shall not be applied in
the construction or interpretation of this Agreement.
(10) Entire Agreement; Severability: This Agreement,
including all Appendices constitutes the entire agreement
between the Parties concerning the subject matter hereof and
supersedes any prior agreements, representations,
statements, negotiations, understandings, proposals or
undertakings, oral or written, with respect to the subject
matter expressly set forth herein. If any provision of this
Agreement shall be held to be illegal, invalid or
unenforceable, each Party agrees that such provision shall
be enforced to the maximum extent permissible so as to
effect the intent of the Parties, and the validity, legality
and enforceability of the remaining provisions of this
Agreement shall not in any way be affected or impaired
thereby. If necessary to effect the intent of the Parties,
the Parties shall negotiate in good faith to amend this
Agreement to replace the unenforceable language with
enforceable language that reflects such intent as closely as
possible.
(11) The division of this Agreement into Sections,
Subsections, Appendices, Extensions and other Subdivisions
and the insertion of headings are for convenience of
reference only and shall not affect or be used in the
construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications
made under this Agreement shall be made in the English
Language only.
(14) Dates and Times. All dates and times relevant to this
Agreement or its performance shall be computed based on the
date and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the
terms and conditions of this Agreement:
(1) Registrar can immediately, without any notification and
without assigning any reasons, suspend / terminate the
Registrants access to the OrderBox Server.
(2) The Registrant will be immediately liable for any
damages caused by any breach of any of the terms and
conditions of this Agreement.
(3) Registrar can immediately, without any notification and
without assigning any reasons, delete / suspend / terminate
/ freeze the Order.
25. NOTICE
(1) Any notice or other communication required or permitted
to be delivered to Registrar under this Agreement shall be
in writing unless otherwise specified and shall be deemed
properly delivered when delivered to contact address
specified on the Registrar Website by registered mail or
courier. Any communication shall be deemed to have been
validly and effectively given, on the date of receiving such
communication, if such date is a Business Day and such
delivery was made prior to 17:30 (Indian Standard Time) and
otherwise on the next Business Day.
(2) Any notice or other communication required or permitted
to be delivered to the Registrant under this Agreement shall
be in writing unless otherwise specified and shall be deemed
properly delivered, given and received when delivered to
contact address of the Registrant in the OrderBox Database.
(3) Any notice or other communication to be delivered to any
party via email under this agreement shall be deemed to have
been properly delivered if sent in case of Registrar to its
Legal Contact mentioned on the Registrar Website and in case
of the Registrant to their respective email address in the
OrderBox Database.
APPENDIX 'A' - TERMS AND CONDITIONS OF
ORDERBOX USAGE
This Appendix A covers the terms of access to the OrderBox.
Any violation of these terms will constitute a breach of
agreement, and grounds for immediate termination of this
Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE
DISCRETION, temporarily suspend OrderBox Users' access to
the OrderBox in the event of significant degradation of the
OrderBox, or at any time Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE
DISCRETION make modifications to the OrderBox from time to
time.
(3) Access to the OrderBox is controlled by authentication
information provided by Registrar. Registrar is not
responsible for any action in the OrderBox that takes place
using this authentication information whether authorized or
not.
(4) Registrar is not responsible for any action in the
OrderBox by a OrderBox User.
(5) OrderBox User will not attempt to hack, crack, gain
unauthorized access, misuse or engage in any practice that
may hamper operations of the OrderBox including, without
Limitation temporary / permanent slow down of the OrderBox,
damage to data, software, operating system, applications,
hardware components, network connectivity or any other
hardware / software that constitute the OrderBox and
architecture needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending of
repeated unreasonable network requests to the OrderBox or
establish repeated unreasonable connections to the OrderBox.
Registrar will in its ABSOLUTE and UNFETTERED SOLE
DISCRETION decide what constitutes as a reasonable number of
requests or connections.
(7) OrderBox User will take reasonable measures and
precautions to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to
protect OrderBox Data from misuse, unauthorized access or
disclosure, alteration, or destruction.
(9) Registrar shall not be responsible for damage caused due
to the compromise of your Authentication information in any
manner OR any authorized/unauthorized use of the
Authentication Information.
(10) Registrar shall not be liable for any damages due to
downtime or interruption of OrderBox for any duration and
any cause whatsoever.
(11) Registrar shall have the right to temporarily or
permanently suspend access of a OrderBox User to the
OrderBox if Registrar in its ABSOLUTE and UNFETTERED SOLE
DISCRETION suspects misuse of the access to the OrderBox, or
learns of any possible misuse that has occurred, or will
occur with respect to a OrderBox User.
(12) Registrar and Service Providers reserve the right to,
in their sole discretion, reject any request, network
connection, e-mail, or message, to, or passing through,
OrderBox
2. Terms of USAGE OF ORDERBOX
(1) Registrant, or its contractors, employees, directors,
officers, representatives, agents and affiliates and
OrderBox Users, either directly or indirectly, shall not use
or permit use of the OrderBox, directly or indirectly, in
violation of any federal, state or local rule, regulation or
law, or for any unlawful purpose, or to promote
adult-oriented or "offensive" material, or related to any
unsolicited bulk e-mail directly or indirectly (such as by
referencing an OrderBox provided service within a spam email
or as a reply back address), or related to ANY unsolicited
marketing efforts offline or online, directly or indirectly,
or in a manner injurious to Registrar, Registry Operator,
Service Providers or their Resellers, Customers, or their
reputation, including but not limited to the following:
(1) Usenet spam (off-topic, bulk posting/cross-posting,
advertising in non-commercial newsgroups, etc.);
(2) posting a single article or substantially similar
articles to an excessive number of newsgroups (i.e., more
than 2-3) or posting of articles which are off-topic (i.e.,
off-topic according to the newsgroup charter or the article
provokes complaints from the readers of the newsgroup for
being off-topic);
(3) sending unsolicited mass e-mails (i.e., to more than 10
individuals, generally referred to as spamming) which
provokes complaints from any of the recipients; or engaging
in spamming from any provider;
(4) offering for sale or otherwise enabling access to
software products that facilitate the sending of unsolicited
e-mail or facilitate the assembling of multiple e-mail
addresses ("spamware");
(5) advertising, transmitting, linking to, or otherwise
making available any software, program, product, or service
that is designed to violate these terms, including but not
limited to the facilitation of the means to spam, initiation
of pinging, flooding, mailbombing, denial of service
attacks, and piracy of software;
(6) harassment of other individuals utilizing the Internet
after being asked to stop by those individuals, a court, a
law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or an existing
company/user/service or otherwise falsifying one's identity
for fraudulent purposes in e-mail, Usenet postings, on IRC,
or with any other Internet service, or for the purpose of
directing traffic of said user or entity elsewhere;
(8) using OrderBox services to point to or otherwise direct
traffic to, directly or indirectly, any material that, in
the sole opinion of Registrar, is associated with spamming,
bulk e-mail, e-mail harvesting, warez (or links to such
material), is in violation of copyright law, or contains
material judged, in the sole opinion of Registrar, to be
threatening or obscene or inappropriate;
(9) using OrderBox directly or indirectly for any of the
below activities activities:
(1) transmitting Unsolicited Commercial e-mail (UCE);
(2) transmitting bulk e-mail;
(3) being listed, or, in our sole opinion is about to be
listed, in any Spam Blacklist or DNS Blacklist;
(4) posting bulk Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of any web service obtained under this
agreement beyond reasonable limits as determined by the
Registrar in its sole discretion;
(7) copyright or trademark infringement;
(8) unlawful or illegal activities of any kind;
(9) promoting net abuse in any manner (providing software,
tools or information which enables, facilitates or otherwise
supports net abuse);
(10) causing lossage or creating service degradation for
other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what
constitutes as violation of appropriate usage including but
not limited to all of the above.
(3) Data in the OrderBox Database cannot be used for any
purpose other than those listed below, except if explicit
written permission has been obtained from Registrar:
(1) to perform services contemplated under this agreement;
and
(2) to communicate with Registrar on any matter pertaining
to Registrar or its services.
(4) data in the OrderBox Database cannot specifically be
used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the data.
APPENDIX 'B' - PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the
Customer or Resellers.
(2) In the event that a payment made via Credit Card or the
payment instrument sent by the Customer or Reseller bounces
due to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users' access
to the OrderBox
(2) Registrar has the right to terminate this agreement with
immediate effect and without any notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may delete, suspend, deny, cancel, modify, take ownership of
or transfer any or all of the Orders placed of the
Registrant as well as stop / suspend / delete / transfer any
Orders currently being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may Transfer all Orders placed by the Registrant to another
Customer, or under Registrar's account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may levy reasonable additional charges for the processing of
the Charge-back / Payment Reversal in addition to actual
costs of the same.
(6) Registrar shall have the right to initiate any legal
proceedings against the Registrant to recover any such
liabilities.
APPENDIX 'C' -
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the
Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and
fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if
any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name
Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'D' - .BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must
also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) Registrations in the .BIZ TLD must be used or intended
to be used primarily for bona fide business or commercial
purposes. For purposes of the .BIZ Registration Restrictions
("Restrictions"), "bona fide business or commercial use"
shall mean the bona fide use or bona fide intent to use the
domain name or any content, software, materials, graphics or
other information thereon, to permit Internet users to
access one or more host computers through the DNS:
(1) to exchange goods, services, or property of any kind;
(2) in the ordinary course of trade or business; or
(3) to facilitate:
(1) the exchange of goods, services, information, or
property of any kind; or
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for
compensation, or
(2) the unsolicited offering to sell, trade or lease the
domain name for compensation shall not constitute a "bona
fide business or commercial use" of that domain name.
2. CERTIFICATION FOR .BIZ REGISTRATIONS
(1) As a .BIZ domain name Registrant, you hereby certify to
the best of your knowledge that the registered domain name
will be used primarily for bona fide business or commercial
purposes and not exclusively for personal use or solely for
the purposes of selling, trading or leasing the domain name
for compensation, or the unsolicited offering to sell, trade
or lease the domain name for compensation. For more
information on the .BIZ restrictions, which are incorporated
herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html.
(2) The domain name Registrant has the authority to enter
into the registration agreement.
(3) The registered domain name is reasonably related to the
Registrant's business or intended commercial purpose at the
time of registration.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and
fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if
any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY
You agree to be bound by the dispute policies in the
following documents that are incorporated herein and made a
part of this Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .BIZ domain name
with any third party (other than Registry Operator or
Registrar) over the registration or use of a .BIZ domain
name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual
Property Claim Service a service introduced by Registry
Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been
registered in which that Claimant claims intellectual
property rights. In accordance with the STOP and its
associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited
dispute resolution providers.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than
the Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions
will be enforced directly by or through Registry Operator.
Registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used
primarily for business or commercial purposes or that a
domain name is being used in compliance with the SUDRP or
UDRP processes.
APPENDIX 'E' - .INFO DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .INFO domain name, the Registrant, must
also agree to the following terms:
(1) Registrant agrees to submit to proceedings under ICANN's
Uniform Domain Name Dispute Policy (UDRP) as laid out at
http://www.icann.org/udrp/udrp.htm and comply with the
requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies
are available at http://www.afilias.info. These policies are
subject to modification.
(2) Registrant acknowledges that Afilias, the registry
operator for .INFO, will have no liability of any kind for
any loss or liability resulting from the proceedings and
processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation:
(1) the ability or inability of a registrant to obtain a
Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX 'F' - .NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email
Forward, the Registrant, must also agree to the following
terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward Registrations in the .NAME TLD
must constitute an individual's "Personal Name". For
purposes of the .NAME restrictions (the "Restrictions"), a
"Personal Name" is a person's legal name, or a name by which
the person is commonly known. A "name by which a person is
commonly known" includes, without limitation, a pseudonym
used by an author or painter, or a stage name used by a
singer or actor.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you
hereby certify to the best of your knowledge that the SLD is
your Personal Name.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes the information contained in the Whois
directory, including:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and
fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if
any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
You further understand that the foregoing registration data
may be transferred outside of the European Community, such
as to the United States, and you expressly consent to such
export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the
following documents that are incorporated herein and made a
part of this Agreement by reference:
(1) the Eligibility Requirements (the "Eligibility
Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(3) the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name
domain names and Personal Name SLD email addresses will be
granted on a first-come, first-served basis, except for
registrations granted as a result of a dispute resolution
proceeding or during the landrush procedures in connection
with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you have
trademark or service mark rights in that character's
Personal Name;
(3) in addition to a Personal Name registration, you may add
numeric characters to the beginning or the end of your
Personal Name so as to differentiate it from other Personal
Names.
The ERDRP applies to challenges to:
(1) registered domain names and SLD email address
registrations within .NAME on the grounds that a Registrant
does not meet the Eligibility Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than
Global Name Registry ("Registry Operator") or Registrar over
the registration and use of an Internet domain name
registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must
also agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all use of
Email Forwarding, including the content of messages sent
through Email Forwarding.
(2) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for
Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to
use Email Forwarding:
(1) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted
to the exchange of threatening, obscene or offensive
messages, spreading computer viruses, breach of copyright
and/or proprietary rights or publishing defamatory material;
(2) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or
networks, including all attempts at guessing passwords,
checking or testing the vulnerability of a system or network
or breaching the security or access control without the
sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers or
networks, including, but not restricted to, mail bombing,
flooding, Denial of Service (DoS) attacks, willful attempts
to overload another system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted to,
the mass mailing of unsolicited email, junk mail, the use of
distribution lists (mailing lists) which include persons who
have not specifically given their consent to be placed on
such a distribution list
(4) Users are not permitted to provide false names or in any
other way to pose as somebody else when using Email
Forwarding.
(5) Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail from
systems with a history of abuse from entering Registry
Operator's Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator is
not obliged to store any contents or to forward unsent email
to you or a third party.
APPENDIX 'G' - .NAME
DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the
Registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally
registered marks to exclusively pre-register on the .NAME
space and create a protective barrier for their trademarks.
A "Defensive Registration" is a registration granted to a
third party of a specific string on the second or third
level, or of a specific set of strings on the second and
third levels, which will not resolve within the domain name
system but may prevent the registration of the same
string(s) on the same level(s) by other third party
applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant ("Defensive
Registrant"), you hereby certify to the best of your
knowledge that for Phase I Defensive Registrations ("Phase I
Defensive Registrants"), you own valid and enforceable
trademark or service mark registrations having national
effect that issued prior to April 16, 2001 for strings that
are identical to the textual or word elements, using ASCII
characters only, subject to the same character and
formatting restrictions as apply to all registrations in the
Registry TLD. You understand that trademark or service mark
registrations from the supplemental or equivalent Registry
of any country, or from individual states or provinces of a
nation, will not be accepted. Subject to the same character
and formatting restrictions as apply to all registrations in
the Registry TLD, if a trademark or service mark
registration incorporates design elements, the ASCII
character portion of that mark may qualify to be a Phase I
Defensive Registration.
(2) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(3) Defensive Registrants, whether Phase I or Phase II shall
comply with the following Eligibility Requirements,
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of
which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain identical or
overlapping Defensive Registrations upon payment by each of
a separate registration fee;
(3) The Defensive Registrant must provide the information
requested in Section 3(i) below;
(4) A Defensive Registration will not be granted if it
conflicts with a then-existing Personal Name Registration or
other reserved word or string.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. You
must provide contact information, including name, email
address, postal address and telephone number, for use in
disputes relating to the Defensive Registration. You
understand and agree that this contact information will be
provided as part of the Whois record for the Defensive
Registration. You further understand that the foregoing
registration data may be transferred outside of the European
Community, such as to the United States, and you expressly
consent to such export.
In addition to the information provided in subsection 1.
above, Phase I Defensive Registrants must also provide:
(1) the name, in ASCII characters, of the trademark or
service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier
used by the registration authority.
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1) the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution
Policy ("ERDRP");
(2) if the Defensive Registration is successfully challenged
pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and
(3) if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in
Section 2(h) of Appendix L to the agreement of Global Name
Registry ("Registry Operator") with the Internet Corporation
for Assigned Names and Numbers ("ICANN"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(4) if a Phase I Defensive Registration is successfully
challenged on the basis that it did not meet the applicable
Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that
it meets the Eligibility Requirements for Phase I Defensive
Registrations for all other Phase I Defensive Registrations
that it registered within .NAME through any Registrar. In
the event that the Defensive Registrant is unable to
demonstrate the foregoing with respect to any such Phase I
Defensive Registration(s), those Defensive Registration(s)
will be cancelled;
(5) The ERDRP applies to, among other things, challenges to
Defensive Registrations within .NAME and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive Registrants may be asked to give their consent to
allow individuals to share a part of their space. For
example, if you have filed a Defensive Registration on PQR
(which blocks out ANYSTRING.PQR.name and
PQR.ANYSTRING.name), you may be asked to give consent to
John Pqr to register JOHN.PQR.name if he can prove that PQR
is his name. In such a circumstance, you will have five (5)
days to respond to a request for consent.
APPENDIX 'H' - .US DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .US domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes
the legal rights of any third party;
(2) you have the requisite power and authority to enter into
this Agreement and to perform the obligations hereunder;
(3) you have and shall continue to have a lawful bona fide
US Nexus as defined in the "usTLD Nexus Requirements;"
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws,
regulations and policies of the usTLD Administrator.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes:
(1) full name of an authorized contact person, company name,
postal address, e-mail address, voice telephone number, and
fax number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if
any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
technical contact for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing
contact for the domain name; and
(6) any other data NeuStar, as the Registry, requires be
submitted to it, including specifically information
regarding the primary purpose for which a domain name is
registered (e.g., business, education, etc.).
3. GOVERNMENT USE OF DATA
You understand and agree that the U.S. Government shall have
the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly
and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data
provided by Registrant. "Data" means any recorded
information, and includes without limitation, technical data
and computer software, regardless of the form or the medium
on which it may be recorded.
4. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute
policies set forth by Neustar. These policies are available
at http://www.neustar.us and are hereby incorporated and
made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to
suspension, cancellation, or transfer:
(1) pursuant to any usTLD Administrator adopted
specification or policy, or pursuant to any registrar or
usTLD Administrator procedure not inconsistent with a usTLD
Administrator adopted specification or policy; or
(2) to correct mistakes by Registrar or the usTLD
Administrator in registering the name; or
(3) for the resolution of disputes concerning the domain
name.
APPENDIX 'I' - .IN DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .IN domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) neither the registration of the domain name nor the
manner in which it is directly or indirectly used, infringes
the legal rights of any third party, breaks any applicable
laws or regulations, including discrimination on the basis
of race, language, sex or religion, is used in bad faith or
for any unlawful purpose;
(2) your registered domain name is not contrary to public
policy and the content of the website does not violate any
Indian Laws.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the dispute policies as decided by
the .IN Registry and published at http://www.registry.in
that are incorporated herein and made a part of this
Agreement by reference.
APPENDIX 'J' - .EU DOMAIN
NAME SPECIFIC CONDITIONS
If the Order is a .EU domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes
the legal rights of any third party;
(2) you have the requisite power and authority to enter into
this Agreement and to perform the obligations hereunder;
(3) you are registering an .eu domain name as either:
(1) an undertaking having its registered office, central
administration or principal place of business within the
European Union Community; or
(2) an organisation established within the EU Community
without prejudice to the application of national law; or
(3) a natural person resident within the EU Community.
(4) you are of legal age to enter into this Agreement; and
(5) you agree to comply with all applicable laws,
regulations and policies of the .EU Registry. The details of
the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required to
provide us with certain information and to update this
information to keep it current, complete and accurate. This
information includes:
(1) the full name of the Registrant; where no name of a
company or organisation is specified, the individual
requesting registration of the Domain Name will be
considered the Registrant; if the name of the company or the
organisation is specified, then the company or organisation
is considered the Registrant;
(2) address and country within the European Union Community:
(1) where the registered office, central administration or
principal place of business of the undertaking of the
Registrant is located; or
(2) where the organisation of the Registrant is established;
or
(3) where the Registrant resides;
(3) e-mail address of the Registrant;
(4) the telephone number where the Registrant can be
contacted.
3. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute
policies set forth by the EU Registry. These policies are
available in the EU Regulation 874/2004 at
http://www.eurid.eu and are hereby incorporated and made an
integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to
suspension, cancellation, or transfer:
(1) pursuant to the rules set forth by the EU Registry
within the EU Regulation 874/2004 or any other policy listed
at http://www.eurid.eu/; or
(2) to correct mistakes by Registrar or the EU Registry in
registering the name; or
(3) for the resolution of disputes concerning the domain
name.
APPENDIX 'K' - PRIVACY PROTECTION SERVICE
SPECIFIC CONDITIONS
1. DESCRIPTION OF SERVICES
The Privacy Protection Service hides the contact details of
the actual owner from appearing in the Whois Lookup Result
of his domain name.
2. IMPLEMENTATION DETAILS
(1) Registrant acknowledges and agrees that the contact
information being displayed in the Whois of a privacy
protected Domain Order will be those designated by the
Registrar, and
(1) any mail received via post at this Address would be
rejected;
(2) any telephone call received at this Telephone Number,
would be greeted with an electronic answering machine
requesting the caller to email the email address listed in
the Whois of this privacy protected domain name;
(3) the sender of any email to an email address listed in
the Whois of this privacy protected domain name, will get an
automated response email asking them to visit the URL
http://www.privacyprotect.org/ to contact the Registrant,
Administrative, Billing or Technical Contact of a privacy
protected domain name through an online form. This message
would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant,
Administrative, Billing or Technical Contact email address
in the OrderBox Database.
(2) Registrant agrees that we can not guarantee delivery of
messages to either the Registrant, Administrative, Billing,
Technical Contact, or Customer of a privacy protected Order,
and that such message may not be delivered in time or at
all, for any reason whatsoever. Registrar and Service
Providers disclaim any and all liability associated with
non-delivery of any messages relating to the Domain Order
and this service.
(3) Registrant understands that the Privacy Protection
Service is only available for certain TLDs.
(4) Irrespective of whether Privacy Protection is enabled or
not, Registrants are required to fulfill their obligations
of providing true and accurate contact information as
detailed in the Agreement.
(5) Registrant understands and acknowledges that Registrar
in its sole, unfettered discretion, can discontinue
providing Privacy Protection Services on the Order for any
purpose, including but not limited to:
(1) if Registrar receives any abuse complaint for the
privacy protected domain name, or
(2) pursuant to any applicable laws, government rules or
requirements, requests of law enforcement agency, or
(3) for the resolution of disputes concerning the domain
name, or
(4) for any other reason that Registrar in its sole
discretion deems appropriate to switch off the Privacy
Protection Services.
3. INDEMNITY
Registrant agrees to release, defend, indemnify and hold
harmless Registrar, Service Providers, PrivacyProtect.org,
and their parent companies, subsidiaries, affiliates,
shareholders, agents, directors, officers and employees,
from and against any and all claims, demands, liabilities,
losses, damages or costs, including reasonable attorney's
fees, arising out of or related in any way to the Privacy
Protection services provided hereunder.
APPENDIX 'L' - .UK DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .UK domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that registering a .UK domain name,
involves you contracting with the Nominet which is the .UK
Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.nominet.org.uk/.
(2) you agree to comply with all applicable laws,
regulations and policies of Nominet available on their
website at http://www.nominet.org.uk/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute
Resolution Service Policy set forth by Nominet. These
policies are available at http://www.nominet.org.uk/ and are
hereby incorporated and made an integral part of this
Agreement.
APPENDIX 'M' - .TRAVEL DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .TRAVEL domain name, the Registrant, must
also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
Over and above the obligations already described in this
Agreement, you are required to provide us the UIN (Unique
Identification Number), as issued by the .TRAVEL Registry to
an entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current .TRAVEL TLD Charter
Eligibility Dispute Resolution Policy as well as the Uniform
Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/ that are incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'N' - .WS DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .WS domain name, the Registrant, must also
agree to the following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that the .WS Registry shall have
the right to use, disclose, reproduce, prepare derivative
works, distribute copies to the public, and perform publicly
and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data
provided by You. "Data" means any recorded information, and
includes without limitation, technical data and computer
software, regardless of the form or the medium on which it
may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name
Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'O' - .COOP DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .COOP domain name, the Registrant, must
also agree to:
(1) the terms and conditions of the .COOP Registration
Agreement with the .COOP Sponsor DCLLC (DotCoop Limited
Liability Company), available at
http://www.nic.coop/terms.asp; and
(2) the Verification & Eligibility Policy available at
http://www.nic.coop/verification.asp; and
(3) the Charter Eligibility Dispute Resolution Policy
("CEDRP") and DotCoop Domain Name Dispute Resolution Policy
("DCDRP") found at http://www.nic.coop/dispute.asp; and
(4) the Transfer Policy found at
http://www.nic.coop/transferpolicy.asp.
all of the above included herein by reference.
Where there is a conflict, contradiction or inconsistency
between the provisions of this Appendix (.COOP DOMAIN NAME
SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT AGREEMENT,
the provisions of this Appendix shall prevail in respect of
all .COOP domain name registrations only.
In particular we draw the following to your attention:
1. ELIGIBILITY AND PRIVACY
You agree:
(1) to meet all eligibility requirements mandated by .COOP
Sponsor for registration of a .COOP name, as set forth in
the .COOP Charter set out in
http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2) in the event you are found not to be entitled to
register a .COOP domain name for failure to meet .COOP
Sponsor eligibility requirements, that the domain name may
not be registered (and, if already registered, it will be
deleted). You release the .COOP Sponsor from any and all
liability stemming from deletion of any domain name. Deleted
.COOP names will be returned to the pool of names available
for registration. The privacy statement, located on the
.COOP Sponsor's Web site at http://www.nic.coop/privacy.asp
and incorporated herein by reference sets forth your and the
.COOP Sponsor's rights and responsibilities with regard to
your personal information.
2. APPLICABLE POLICIES
You agree to adhere to the .COOP policies set forth on
http://www.nic.coop, including but not limited to the
requirement that third-and-higher-level domain names within
your second level domain may only be used internally by you
(absent a written license from the .COOP Sponsor).
3. DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration
services is challenged by a third party, you will be subject
to the provisions specified in the .COOP Sponsor's dispute
policy as found at http://www.nic.coop/dispute.asp as it may
be modified at the time of the dispute. You agree that in
the event a domain name dispute arises with any third party,
you will indemnify and hold your .COOP Registrar and the
.COOP Sponsor harmless pursuant to the terms and conditions
set forth in the .COOP Domain Name Specific Conditions. If
the .COOP Registrar or Sponsor are notified that a complaint
has been filed with a judicial or administrative body
regarding your use of our domain name registration services,
you agree not to make any changes to your domain name record
without prior approval. Registrar may not allow you to make
changes to such domain name record until (i) Registrar is
directed to do so by the judicial or administrative body, or
(ii) Registrar receives notification by you and the other
party contesting your registration and use of our domain
name registration services that the dispute has been
settled.
APPENDIX 'P' - CentralNIC DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is either a .EU.COM, .GB.COM, .WEB.COM,
.AE.ORG, .KR.COM, .US.COM, .QC.COM, .DE.COM, .GB.NET,
.NO.COM, .HU.COM, .JPN.COM, .UY.COM, .ZA.COM, .BR.COM,
.CN.COM, .SA.COM, .SE.COM, .SE.NET, .UK.COM, .UK.NET or
.RU.COM domain name, the Registrant, must also agree to the
following terms:
1. GOVERNMENT USE OF DATA
You understand and agree that CentralNic shall have the
right to use, disclose, reproduce, prepare derivative works,
distribute copies to the public, and perform publicly and
display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data
provided by Registrant. "Data" means any recorded
information, and includes without limitation, technical data
and computer software, regardless of the form or the medium
on which it may be recorded.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under Domain Dispute
policies set forth by CentralNic. These policies are
available at http://www.centralnic.com and are hereby
incorporated and made an integral part of this Agreement.
APPENDIX 'Q' - .MOBI DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .MOBI domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that registering a .MOBI domain name,
involves you contracting with mTLD which is the .MOBI
Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2) you agree to comply with all applicable laws,
regulations and policies of mTLD available on their website
at http://www.mtld.mobi/.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name
Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'R' - .ASIA DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .ASIA domain name, the Registrant, must
also agree to the following terms:
1. DEFINITIONS
(1) "Charter Eligibility Declaration Contact" ("CED
Contact") is a contact that is designated to make the
declaration that it meets the Charter Eligibility
Requirement for registering a .ASIA domain name.
(2) "Charter Eligibility Requirement" means the eligibility
requirement set out in the .ASIA Charter, that the
Registered Name Holder is required to comply with. The
policy for such requirement, the "Charter Eligibility
Requirement Policy" is stated on DotAsia's website at
http://policies.registry.asia.
2. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that registering a .ASIA domain name,
involves you contracting with the .ASIA Registry, and
agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://policies.registry.asia.
(2) you are aware that every .ASIA domain name must specify
a CED Contact, that is a legal entity or natural person in
the DotAsia Community. The DotAsia Community is defined
based on the geographical boundaries described by the ICANN
Asia / Australia / Pacific region
(http://www.icann.org/montreal/geo-regions-topic.htm).
(3) you are aware that in the event you do not have a legal
entity or natural person in the DotAsia Community, the
Registrar allows you to designate a Registrar-assigned CED
Contact, to facilitate your .asia domain name registration.
(4) you have made known to the Charter Eligibility
Declaration Contact (CED Contact), and the CED Contact has
agreed, that the Registrant Contact and the CED Contact will
jointly be defined as the Registered Name Holder, and that
it shall be jointly responsible for the Registered Name in
the event of a dispute or a challenge over the Registered
Name Holder's legal entitlement to or the ownership of the
Registered Name. The CED Contact shall be bound by the
provisions in the DotAsia Organisation Limited's .ASIA
Charter Eligibility Requirement Policy published from time
to time. Registered Name Holder acting as Registrant Contact
agrees that it has obtained an agreement from the CED
Contact that the Registrant Contact shall remain the
Operating Contact for all operations of the domain,
including but not limited to domain transfer and updates.
(5) in the event of a domain name dispute both the CED
Contact and the Registrant Contact can be named as the
responding party, the CED Contact however is responsible
only for acknowledging the dispute proceedings and to refer
the case to the Registrant Contact. The Registrant Contact
shall remain solely responsible for all operations and
liabilities regarding the use of the domain.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain
Name Dispute Resolution Policy (UDRP), available at
http://www.icann.org/dndr/udrp/policy.htm and ICANN's
Charter Eligibility Dispute Resolution Policy (CEDRP),
available at http://www.icann.org/udrp/cedrp-policy.html,
that are incorporated herein and made a part of this
Agreement by reference.
APPENDIX 'S' - .ME DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .ME domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that registering a .ME domain name,
involves you contracting with the doMEn, d.o.o. Registry
which is the .ME Registry, and agreeing to their Terms and
Conditions of Domain Name Registration available on their
website at http://www.domain.me/.
(2) you agree to comply with all applicable laws,
regulations and policies of doMEn, d.o.o. available on their
website at http://www.domain.me/.
2. DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute
Resolution Service Policy set forth by doMEn, d.o.o.. These
policies are available at http://www.domain.me/ and are
hereby incorporated and made an integral part of this
Agreement.
APPENDIX 'T' - .TEL DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .TEL domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that registering a .TEL domain name,
involves you contracting with the telnic which is the .TEL
Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://www.telnic.org/.
(2) you are aware that registering a .TEL domain name,
requires you to submit atleast one communications contact
such as a telephone number, an email address, an
instant-messaging handle or a web link associated with you.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current Uniform Domain Name
Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'U' - LIST OF TLDS REGISTRAR IS
AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND
MANAGEMENT SERVICES
* .COM, .NET (through Registrar NetEarth One, Inc.)
* .ORG (through Registrar NetEarth One, Inc.)
* .BIZ (through Registrar NetEarth One, Inc.)
* .INFO (through Registrar NetEarth One, Inc.)
* .NAME and .NAME Defensive Registrations and .NAME Mail
Forwards (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .US (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .IN (through Registrar Webiq Domains Solutions Pvt Ltd)
* .EU (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .UK (through Registrar NetEarth One, Inc.)
* .TRAVEL (through Registrar Directi Internet Solutions Pvt.
Ltd. D/B/A PublicDomainRegistry.com)
* .WS (through Registrar Directi Internet Solutions Pvt.
Ltd. D/B/A PublicDomainRegistry.com)
* .COOP (through Registrar The Midcounties Co-operative Ltd)
* CentralNIC (through Registrar NetEarth One, Inc.)
* .MOBI (through Registrar Directi Internet Solutions Pvt.
Ltd. D/B/A PublicDomainRegistry.com)
* .ASIA (through Registrar NetEarth One, Inc.)
* .ME (through Registrar Directi Internet Solutions Pvt.
Ltd. D/B/A PublicDomainRegistry.com)
* .TEL (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .MN, .BZ (through Registrar Directi Internet Solutions
Pvt. Ltd. d/b/a PublicDomainRegistry.com)
* .CC, .TV (through Registrar Directi Internet Solutions
Pvt. Ltd. d/b/a PublicDomainRegistry.com)
* .CN (through Registrar Directi Web Services Pvt. Ltd)
* .NZ (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .CO (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .CA (through Registrar PublicDomainRegistry.com Inc)
* .DE (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .ES (through Registrar Directi Internet Solutions Pvt.
Ltd. d/b/a PublicDomainRegistry.com)
* .AU (through Registrar Public Domain Registry Pty Ltd.)
* .XXX (through Registrar Directi Internet Solutions Pvt.
Ltd. dba PublicDomainRegistry.com)
APPENDIX 'V' - .CN DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .CN domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .CN
domain name, involves you contracting with the CNNIC which
is the .CN Registry, and agreeing to their Terms and
Conditions of Domain Name Registration available on their
website at http://www.cnnic.cn.
2. DOMAIN DISPUTE POLICY
If the Order is a .CN domain name, the Registrant, must also
agree to be bound by the current CNNIC Domain Name Dispute
Resolution Policy, available at http://www.cnnic.cn/ that is
incorporated herein and made a part of this Agreement by
reference.
APPENDIX 'W' - .NZ DOMAIN NAME SPECIFIC
CONDITIONS
Registrar and registrant are bound by the policies, at
http://dnc.org.nz/policies, that are incorporated herein and
made a part of this Agreement by reference.
In the case of any conflict between .NZ and this agreement,
the .NZ terms apply. If the Order is a .NZ domain name, the
following terms apply:
1. REGISTER IS THE RECORD
For all purposes the details shown in the .NZ register shall
be treated as correct and the authoritative record.
2. CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a domain name
registered to you as a result of you not paying our charges
relating to its renewal, we will give you fourteen days
notice before we initiate action to cancel that domain name.
3. LAW AND JURISDICTION APPLYING TO THIS APPENDIX
To the extent legally permitted, you agree that:
(1) all services of the .NZ Registry are provided under New
Zealand law.
(2) any claim or dispute arising out of or in connection
with this agreement must be instituted within 60 days from
the date the relevant service was supplied to you.
(3) except as otherwise stated, you may take action against
us only in a New Zealand court.
4. CANCELLING THE AGREEMENT
We may cancel or suspend this agreement by giving you one
month's notice.
5. REGISTRAR-REGISTRAR TRANSFER
The Registrant acknowledges and agrees that during the first
five days after initial registration of the Order the
Registrant may not be able to transfer the Order to another
Registrar.
APPENDIX 'X' - .CO DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .CO domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .CO
domain name, involves you contracting with the .CO Internet
S.A.S which is the .CO Administrator, and agreeing to their
Terms and Conditions of Domain Name Registration available
on their website at http://www.cointernet.co/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .CO Registry are provided under laws
of Colombia.
(2) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or
otherwise relating to the .CO TLD between Registrant and the
.CO Registry shall be governed exclusively by the laws of
Colombia and that any such disputes, claims or controversies
shall be brought and heard exclusively in the courts located
in Bogota, Colombia.
3. DOMAIN DISPUTE POLICY
If the Order is a .CO domain name, the Registrant
acknowledges having read and understood and agrees to be
bound by the terms and conditions of the Uniform Domain Name
Dispute Resolution Policy adopted by ICANN, available at
http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the
"UDRP"), as the same may be amended from time to time and
which is hereby incorporated and made an integral part of
this Agreement.
APPENDIX 'Y' - .CA DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .CA domain name, the Registrant, must also
agree to the terms within the .CA Registrant Agreement
displayed at the time of registering a .CA domain name and
while assigning a new Registrant Contact for the domain
name.
APPENDIX 'Z' - .DE DOMAIN
NAME SPECIFIC CONDITIONS
If the Order is a .DE domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .DE
domain name, involves you contracting with the DENIC eG
(DENIC) which is the .DE Registry, and agreeing to their
Terms and Conditions of Domain Name Registration available
on their website at http://www.denic.de/en/domains.html.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .DE Registry are provided under laws
of Germany.
(2) either the Registrant or the Administrative Contact of
your .DE domain name is domiciled in Germany and would be
legally able to receive German Court documents and/or
summons.
(3) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or
otherwise relating to the .DE TLD between Registrant and the
.DE Registry shall be governed exclusively by the laws of
Germany and that any such disputes, claims or controversies
shall be brought and heard exclusively in the courts located
in Germany.
3. DOMAIN DISPUTE POLICY
If the Order is a .DE domain name, the Registrant, must also
agree to be bound by the current DENIC Domain Name Dispute
Resolution Policy, available at
http://www.denic.de/en/domains.html that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'AA' - .ES DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .ES domain name, the Registrant, must also
agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .ES
domain name, involves you contracting with the Red.es
(ESNIC) which is the .ES Registry, and agreeing to their
Terms and Conditions of Domain Name Registration available
on their website at http://www.dominios.es/.
2. LAW AND JURISDICTION
To the extent legally permitted, you agree that:
(1) all services of the .ES Registry are provided under laws
of Spain.
(2) any disputes, claims or controversies arising out of the
registration, ownership, use, transfer, assignment, loss,
cancellation, or suspension of any Registered Name or
otherwise relating to the .ES TLD between Registrant and the
.ES Registry shall be governed exclusively by the laws of
Spain and that any such disputes, claims or controversies
shall be brought and heard exclusively in the courts located
in Spain.
3. DOMAIN DISPUTE POLICY
If the Order is a .ES domain name, the Registrant, must also
agree to be bound by the current ESNIC Domain Name Dispute
Resolution Policy, available at http://www.dominios.es/ that
is incorporated herein and made a part of this Agreement by
reference.
APPENDIX 'AB' - .AU DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .AU domain name, then the following terms
apply:
1. REGISTRANT REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief:
(1) you are aware that auDA (.au Domain Administration
Limited, ACN 079 009 340) is the .AU Domain Names
Administrator.
(2) you are aware that you must comply with all auDA
Published Policies (listed at http://www.auda.org.au), as if
they were incorporated into, and form part of, this
agreement. In the event of any inconsistency between any
auDA Published Policy and this agreement, then the auDA
Published Policy will prevail to the extent of such
inconsistency.
(3) you are aware that the Registrar acts as agent for auDA
for the sole purpose, but only to the extent necessary, to
enable auDA to receive the benefit of rights and covenants
conferred to it under this agreement. auDA is an intended
third party beneficiary of this agreement.
(4) all information provided to register or renew the
registration of the domain name (including all supporting
documents, if any) are true, complete and correct, and are
not misleading in any way, and the application is made in
good faith.
(5) you acknowledge that under the auDA Published Policies
there are mandatory terms and conditions that apply to all
domain names licences, and such terms and conditions are
incorporated into, and form part of, this agreement.
(6) you meet and will continue to meet, the eligibility
criteria prescribed in auDA Published Policies
(http://www.auda.org.au/policy/current-policies/) for the
domain name for the duration of the domain name.
(7) you have not previously submitted an application for the
domain name with another Registrar using the same
eligibility criteria, and the other Registrar has rejected
the application.
(8) you are aware that even if the domain name is accepted
for registration, the Registrant's entitlement to register
the domain name may be challenged by others who claim to
have an entitlement to the domain name.
(9) you are aware that auDA or the Registrar may cancel the
registration of the domain name if any of the warranties set
out above is found to be untrue, incomplete, incorrect or
misleading.
(10) you are aware of auDA's WHOIS policy at
http://www.auda.org.au/whois-policy/, which sets out auDA's
guidelines on the collection, disclosure and use of WHOIS
data.
2. LIABILITIES AND INDEMNIFICATION
(1) To the fullest extent permitted by law, auDA will not be
liable to Registrant for any direct, indirect,
consequential, special, punitive or exemplary losses or
damages of any kind (including, without limitation, loss of
use, loss or profit, loss or corruption of data, business
interruption or indirect costs) suffered by Registrant
arising from, as a result of, or otherwise in connection
with, any act or omission whatsoever of auDA, its employees,
agents or contractors.
(2) Registrant agrees to indemnify, keep indemnified and
hold auDA, its employees, agents and contractors harmless
from all and any claims or liabilities, arising from, as a
result of, or otherwise in connection with, Registrant's
registration or use of its .au domain name.
(3) Nothing in this document is intended to exclude the
operation of Trade Practices Act 1974.
3. DOMAIN DISPUTE POLICY
You agree to be bound by the current auDRP Dispute
Resolution Policy, available at
http://www.auda.org.au/policy/current-policies/ that is
incorporated herein and made a part of this Agreement by
reference.
4. REGISTRAR SUPPORT
First level of support is available through the Registration
Partner, from whom you have registered your .AU domain name.
Contact details of this organization may be obtained from
http://publicdomainregistry.com/support/.
If this organization is not able to provide timely
assistance to the domain name owner, you may contact
Registrar Public Domain Registry Pty Ltd.'s 24x7 online
Support Team at
http://resources.publicdomainregistry.com/compliance/.
To know more about your .AU domain name or to get in touch
with the .AU Registry, refer
http://www.auda.org.au/help/faq-index/.
5. REGISTRAR ADDRESS
Public Domain Registry Pty Ltd.
ACN: 141 141 988
ABN: 25 141 141 988
14, Lever Street, Albion
Brisbane, Queensland 4010
Australia
APPENDIX 'AC' - .CC, .TV DOMAIN NAME SPECIFIC
CONDITIONS
If the Order is a .CC or .TV domain name, then the following
terms apply:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .CC,
.TV domain name, requires you to agree to:
(1) grant Verisign (the .CC, .TV Registry) all necessary
licenses and consents to permit Verisign or its agent(s) to:
(1) perform in Verisign’s unlimited and sole discretion
Malware Scans on your .CC, .TV website.
(2) collect, store, and process data gathered as a result of
such Malware Scans.
(3) disclose the results of such Malware Scan (including all
data therefrom) to the Registrar. Such information can not
be considered as confidential or proprietary.
(4) use the results of such Malware Scan (including all data
therefrom) in connection with protecting the integrity,
security or stability of the Registry.
(2) disclaim any and all warranties, representations or
covenants that such Malware Scan will detect any and all
Malware or that Verisign is responsible for notifying the
Registrar or the Registrant of any Malware or cleaning any
Malware from any Registrant’s systems.
2. LIABILITIES AND INDEMNIFICATION
You agree to indemnify, defend and hold harmless Verisign
and its affiliates, suppliers, vendors and subcontractors,
and, if applicable, any ccTLD registry operators providing
services and their respective employees, directors,
officers, representatives, agents and assigns (“Verisign
Affected Parties”) from and against any and all claims,
damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or
relating to, for any reason whatsoever, any Malware Scan,
the failure to conduct a Malware Scan, the failure to detect
any Malware, or the use of any data from Malware Scans.
APPENDIX 'AD' - .XXX DOMAIN
NAME SPECIFIC CONDITIONS
If the Order is a .XXX domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your
knowledge and belief you are aware that registering a .XXX
domain name, involves you contracting with the ICM Registry
LLC which is the .XXX Registry, and agreeing to their Terms
and Conditions of Domain Name Registration available on
their website at http://www.icmregistry.com.
2. DOMAIN DISPUTE POLICY
You agree to be bound by the current ICANN's Uniform Domain
Name Dispute Resolution Policy available at
http://www.icann.org/udrp/udrp.htm, and ICM’s Charter
Eligibility Dispute Resolution Policy (CEDRP) and ICM’s
Rapid Evaluation Service (RES) available at the Registry's
website, that is incorporated herein and made a part of this
Agreement by reference.