Domain Registrant Agreement
This Domain Registrant Agreement (hereinafter referred
to as the "Agreement") between you ("you", "your" or "Registrant")
and the Registrar of the Domain Name, or .NAME Defensive Registration,
or .NAME Mail Forward (the
"Order") that you have registered/reserved through or transferred
to Registrar, sets forth the terms and conditions of Registrar's domain
name registration service and other associated services as described
herein.
If you are entering into this agreement on behalf of
a company or other legal entity, you represent that you have the authority
to bind such entity to these terms and conditions, in which case the
terms "you", "your" and "Registrant"
shall refer to such entity.
This Agreement explains our obligations to you, and your
obligations to us in relation to each Domain Name, or .NAME Defensive
Registration, or .NAME Mail Forward that you have registered/reserved
through or transferred to Registrar ("Order"), directly or
indirectly, whether or not you have been notified about Registrar.
This Agreement will become effective when the term of
your Order begins with Registrar and will remain in force until the
Order remains as an active Order with Registrar. Registrar may elect
to accept or reject the Order application for any reason at its sole
discretion, such rejection including, but not limited to, rejection
due to a request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet
registration and management services for second-level domain names within
.COM, .NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS,
.COOP, CentralNIC and .MOBI top level domains and .NAME Defensive Registrations
and .NAME Mail Forwards;
AND WHEREAS, the Registrant is the Owner of a registration
of a second-level domain name ("the SLD") in any of the .COM,
.NET, .ORG, .BIZ, .INFO, .NAME, .US, .IN, .EU, .UK, .TRAVEL, .WS, .COOP,
CentralNIC or .MOBI top level domain ("the TLD") or a .NAME
Defensive Registration or a .NAME Mail Forward registered through Registrar,
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 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;
or
(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) 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,
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, 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, including
but not limited to, intellectual property, copyright, patent, anti-spam,
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
or otherwise
(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 shall survive.
(6) This Agreement does not provide and shall not be
construed to provide third parties (i.e. non-parties to this Agreement),
with any remedy, claim, and cause of action or privilege against Registrar.
(7) The Registrant, Registrar, its Service Providers,
Registry Operator, Resellers, and Customer are independent contractors,
and nothing in this Agreement will create any partnership, joint venture,
agency, franchise, and sales representative or employment relationship
between the parties.
(8) Further Assurances: Each Party hereto shall execute
and/or cause to be delivered to the other Party hereto such instruments
and other documents, and shall take such other actions, as such other
Party may reasonably request for the purpose of carrying out or evidencing
any of the transactions contemplated / carried out, by / as a result
of, this Agreement.
(9) Construction: The Parties agree that any rule of
construction to the effect that ambiguities are to be resolved against
the drafting Party shall not be applied in the construction or interpretation
of this Agreement.
(10) Entire Agreement; Severability: This Agreement,
including all Appendices constitutes the entire agreement between the
Parties concerning the subject matter hereof and supersedes any prior
agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, with respect to the subject
matter expressly set forth herein. If any provision of this Agreement
shall be held to be illegal, invalid or unenforceable, each Party agrees
that such provision shall be enforced to the maximum extent permissible
so as to effect the intent of the Parties, and the validity, legality
and enforceability of the remaining provisions of this Agreement shall
not in any way be affected or impaired thereby. If necessary to effect
the intent of the Parties, the Parties shall negotiate in good faith
to amend this Agreement to replace the unenforceable language with enforceable
language that reflects such intent as closely as possible.
(11) The division of this Agreement into Sections, Subsections,
Appendices, Extensions and other Subdivisions and the insertion of headings
are for convenience of reference only and shall not affect or be used
in the construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13) Language. All notices, designations, and specifications
made under this Agreement shall be made in the English Language only.
(14) Dates and Times. All dates and times relevant to
this Agreement or its performance shall be computed based on the date
and time observed in Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of
the terms and conditions of this Agreement:
(1) Registrar can immediately, without any notification
and without assigning any reasons, suspend / terminate the Registrants
access to the OrderBox Server.
(2) The Registrant will be immediately liable for any
damages caused by any breach of any of the terms and conditions of this
Agreement.
(3) Registrar can immediately, without any notification
and without assigning any reasons, delete / suspend / terminate / freeze
the Order.
25. NOTICE
(1) Any notice or other communication required or permitted
to be delivered to Registrar under this Agreement shall be in writing
unless otherwise specified and shall be deemed properly delivered when
delivered to contact address specified on the Registrar Website by registered
mail or courier. Any communication shall be deemed to have been validly
and effectively given, on the date of receiving such communication,
if such date is a Business Day and such delivery was made prior to 17:30
(Indian Standard Time) and otherwise on the next Business Day.
(2) Any notice or other communication required or permitted
to be delivered to the Registrant under this Agreement shall be in writing
unless otherwise specified and shall be deemed properly delivered, given
and received when delivered to contact address of the Registrant in
the OrderBox Database.
(3) Any notice or other communication to be delivered
to any party via email under this agreement shall be deemed to have
been properly delivered if sent in case of Registrar to its Legal Contact
mentioned on the Registrar Website and in case of the Registrant to
their respective email address in the OrderBox Database.
APPENDIX 'A'
TERMS AND CONDITIONS OF OrderBox USAGE
This Appendix A covers the terms of access to the OrderBox.
Any violation of these terms will constitute a breach of agreement,
and grounds for immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1) Registrar may in its ABSOLUTE and UNFETTERED SOLE
DISCRETION, temporarily suspend OrderBox Users' access to the OrderBox
in the event of significant degradation of the OrderBox, or at any time
Registrar may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE
DISCRETION make modifications to the OrderBox from time to time.
(3) Access to the OrderBox is controlled by authentication
information provided by Registrar. Registrar is not responsible for
any action in the OrderBox that takes place using this authentication
information whether authorized or not.
(4) Registrar is not responsible for any action in the
OrderBox by a OrderBox User
(5) OrderBox User will not attempt to hack, crack, gain
unauthorized access, misuse or engage in any practice that may hamper
operations of the OrderBox including, without Limitation temporary /
permanent slow down of the OrderBox, damage to data, software, operating
system, applications, hardware components, network connectivity or any
other hardware / software that constitute the OrderBox and architecture
needed to continue operation thereof.
(6) OrderBox User will not send or cause the sending
of repeated unreasonable network requests to the OrderBox or establish
repeated unreasonable connections to the OrderBox. Registrar will in
its ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes
as a reasonable number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions
to ensure secrecy of authentication information.
(8) OrderBox User will take reasonable precautions to
protect OrderBox Data from misuse, unauthorized access or disclosure,
alteration, or destruction.
(9) Registrar shall not be responsible for damage caused
due to the compromise of your Authentication information in any manner
OR any authorized/unauthorized use of the Authentication Information.
(10) Registrar shall not be liable for any damages due
to downtime or interruption of OrderBox for any duration and any cause
whatsoever.
(11) Registrar shall have the right to temporarily or
permanently suspend access of a OrderBox User to the OrderBox if Registrar
in its ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the
access to the OrderBox, or learns of any possible misuse that has occurred,
or will occur with respect to a OrderBox User.
(12) Registrar and Service Providers reserve the right
to, in their sole discretion, reject any request, network connection,
e-mail, or message, to, or passing through, OrderBox
2. Terms of USAGE OF OrderBox
(1) Registrant, or its contractors, employees, directors,
officers, representatives, agents and affiliates and OrderBox Users,
either directly or indirectly, shall not use or permit use of the OrderBox,
directly or indirectly, in violation of any federal, state or local
rule, regulation or law, or for any unlawful purpose, or to promote
adult-oriented or "offensive" material, or related to any
unsolicited bulk e-mail directly or indirectly (such as by referencing
an OrderBox provided service within a spam email or as a reply back
address), or related to ANY unsolicited marketing efforts offline or
online, directly or indirectly, or in a manner injurious to Registrar,
Registry Operator, Service Providers or their Resellers, Customers,
or their reputation, including but not limited to the following -
(1) Usenet spam (off-topic, bulk posting/cross-posting,
advertising in non-commercial newsgroups, etc.)
(2) Posting a single article or substantially similar
articles to an excessive number of newsgroups (i.e., more than 2-3)
or posting of articles which are off-topic (i.e., off-topic according
to the newsgroup charter or the article provokes complaints from the
readers of the newsgroup for being off-topic)
(3) Sending unsolicited mass e-mails (i.e., to more than
10 individuals, generally referred to as spamming) which provokes complaints
from any of the recipients; or engaging in spamming from any provider
(4) Offering for sale or otherwise enabling access to
software products that facilitate the sending of unsolicited e-mail
or facilitate the assembling of multiple e-mail addresses ("spamware")
(5) Advertising, transmitting, linking to, or otherwise
making available any software, program, product, or service that is
designed to violate these terms, including but not limited to the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software
(6) Harassment of other individuals utilizing the Internet
after being asked to stop by those individuals, a court, a law-enforcement
agency and/or Registrar
(7) Impersonating another user or entity or an existing
company/user/service or otherwise falsifying one's identity for fraudulent
purposes in e-mail, Usenet postings, on IRC, or with any other Internet
service, or for the purpose of directing traffic of said user or entity
elsewhere
(8) Using OrderBox services to point to or otherwise
direct traffic to, directly or indirectly, any material that, in the
sole opinion of Registrar, is associated with spamming, bulk e-mail,
e-mail harvesting, warez (or links to such material), is in violation
of copyright law, or contains material judged, in the sole opinion of
Registrar, to be threatening or obscene or inappropriate
(9) Using OrderBox directly or indirectly for any of
the below activities activities:
(1) Transmitting Unsolicited Commercial e-mail (UCE)
(2) Transmitting bulk e-mail
(3) Being listed, or, in our sole opinion is about to
be listed, in any Spam Blacklist or DNS Blacklist
(4) Posting bulk Usenet/newsgroup articles
(5) Denial of Service attacks of any kind
(6) Excessive use of any web service obtained under this
agreement beyond reasonable limits as determined by the Registrar in
its sole discretion
(7) Copyright or trademark infringement
(8) Unlawful or illegal activities of any kind
(9) Promoting net abuse in any manner (providing software,
tools or information which enables, facilitates or otherwise supports
net abuse)
(10) Causing lossage or creating service degradation
for other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what
constitutes as violation of appropriate usage including but not limited
to all of the above.
(3) Data in the OrderBox Database cannot be used for
any purpose other than those listed below, except if explicit written
permission has been obtained from Registrar: -
1. To perform services contemplated under this agreement;
and
2. To communicate with Registrar on any matter pertaining
to Registrar or its services
(4) Data in the OrderBox Database cannot specifically
be used for any purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
APPENDIX 'B'
PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from
the Customer or Resellers
(2) In the event that a payment made via Credit Card
or the payment instrument sent by the Customer or Reseller bounces due
to Lack of Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users'
access to the OrderBox
(2) Registrar has the right to terminate this agreement
with immediate effect and without any notice.
(3) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may delete, suspend, deny, cancel, modify, take ownership of or transfer
any or all of the Orders placed of the Registrant as well as stop /
suspend / delete / transfer any Orders currently being processed.
(4) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may Transfer all Orders placed by the Registrant to another Customer,
or under Registrar's account.
(5) Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION
may levy reasonable additional charges for the processing of the Charge-back
/ Payment Reversal in addition to actual costs of the same.
(6) Registrar shall have the right to initiate any legal
proceedings against the Registrant to recover any such liabilities.
APPENDIX 'C'
.COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant,
must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required
to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company
name, postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s),
if any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact
for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for the domain
name; and
2. DOMAIN NAME DISPUTE POLICY.
You agree to be bound by the current Uniform Domain Name
Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm
that is incorporated herein and made a part of this Agreement by reference.
APPENDIX 'D'
.BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must
also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1) Registrations in the .BIZ TLD must be used or intended
to be used primarily for bona fide business or commercial purposes.
For purposes of the .BIZ Registration Restrictions ("Restrictions"), "bona
fide business or commercial use" shall mean the bona fide use or
bona fide intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to access
one or more host computers through the DNS -
(1) To exchange goods, services, or property of any kind;
(2) In the ordinary course of trade or business; or
(3) To facilitate:
(1) the exchange of goods, services, information, or
property of any kind; or,
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes
of
(1) selling, trading or leasing the domain name for compensation,
or
(2) the unsolicited offering to sell, trade or lease
the domain name for compensation shall not constitute a "bona fide
business or commercial use" of that domain name.
2. CERITIFICATION FOR .BIZ REGISTRATIONS
(1) As a .BIZ domain name Registrant, you hereby certify
to the best of your knowledge that the registered domain name will be
used primarily for bona fide business or commercial purposes and not
exclusively for personal use or solely for the purposes of selling,
trading or leasing the domain name for compensation, or the unsolicited
offering to sell, trade or lease the domain name for compensation. For
more information on the .BIZ restrictions, which are incorporated herein
by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(2) The domain name Registrant has the authority to enter
into the registration agreement
(3) the registered domain name is reasonably related
to the Registrant's business or intended commercial purpose at the time
of registration.
3. PROVISION OF REGISTRATION DATA.
As part of the registration process, you are required
to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes:
(1) full name of an authorized contact person, company
name, postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s),
if any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact
for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for the domain
name; and
4. DOMAIN NAME DISPUTE POLICY.
You agree to be bound by the dispute policies in the
following documents that are incorporated herein and made a part of
this Agreement by reference.
The Uniform Domain Name Dispute Resolution Policy, available
at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .BIZ domain name with any third
party (other than Registry Operator or Registrar) over the registration
or use of a .BIZ domain name registered by Registrant that is subject
to the Intellectual Property Claim Service. The Intellectual Property
Claim Service a service introduced by Registry Operator to notify a
trademark or service mark holder ("Claimant") that a second-level
domain name has been registered in which that Claimant claims intellectual
property rights. In accordance with the STOP and its associated Rules,
those Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and any party other than the Registry
Operator or Registrar over the registration and use of an Internet domain
name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or commercial
purposes shall be enforced on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider. None of the violations
of the Restrictions will be enforced directly by or through Registry
Operator. Registry Operator will not review, monitor, or otherwise verify
that any particular domain name is being used primarily for business
or commercial purposes or that a domain name is being used in compliance
with the SUDRP or UDRP processes.
APPENDIX 'E'
.INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant,
must also agree to the following terms:
(1) Registrant agrees to submit to proceedings under
ICANN's Uniform Domain Name Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm
and comply with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are available at http://www.afilias.info.
These policies are subject to modification.
(2) Registrant acknowledges that Afilias, the registry
operator for .INFO, will have no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to
the Sunrise Period or the Land Rush Period, including, without limitation:
(1) the ability or inability of a registrant to obtain
a Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX 'F'
.NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email
Forward, the Registrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain Name and Email Forward Registrations in the .NAME
TLD must constitute an individual's "Personal Name". For purposes
of the .NAME restrictions (the
"Restrictions"), a "Personal Name" is a person's
legal name, or a name by which the person is commonly known. A "name
by which a person is commonly known"
includes, without limitation, a pseudonym used by an
author or painter, or a stage name used by a singer or actor.
2. .NAME CERTIFICATIONS
As a .NAME domain name or Email Forward Registrant, you
hereby certify to the best of your knowledge that the SLD is your Personal
Name.
3. PROVISION OF REGISTRATION DATA
As part of the registration process, you are required
to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes
the information contained in the Whois directory, including:
(1) full name of an authorized contact person, company
name, postal address, e-mail address, voice telephone number, and fax
number if available of the Registrant;
(2) the primary nameserver and secondary nameserver(s),
if any for the domain name;
(3) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact
for the domain name;
(4) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name;
(5) the name, postal address, e-mail address, voice telephone
number, and fax number if available of the billing contact for the domain
name; and
You further understand that the foregoing registration
data may be transferred outside of the European Community, such as to
the United States, and you expressly consent to such export.
4. DISPUTE POLICY
You agree to be bound by the dispute policies in the
following documents that are incorporated herein and made a part of
this Agreement by reference.
(1) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2) the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(3) the Uniform Domain Name Dispute Resolution Policy
(the "UDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The Eligibility Requirements dictate that Personal Name
domain names and Personal Name SLD email addresses will be granted on
a first-come, first-served basis, except for registrations granted as
a result of a dispute resolution proceeding or during the landrush procedures
in connection with the opening of the Registry TLD. The following categories
of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2) the Personal Name of a fictional character, if you
have trademark or service mark rights in that character's Personal Name;
(3) in addition to a Personal Name registration, you
may add numeric characters to the beginning or the end of your Personal
Name so as to differentiate it from other Personal Names.
The ERDRP applies to challenges to
(1) registered domain names and SLD email address registrations
within .NAME on the grounds that a Registrant does not meet the Eligibility
Requirements, and
(2) to Defensive Registrations within .NAME.
The UDRP sets forth the terms and conditions in connection
with a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration
and use of an Internet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant,
must also agree to the following additional terms and conditions:
(1) You acknowledge that you are responsible for all
use of Email Forwarding, including the content of messages sent through
Email Forwarding.
(2) You undertake to familiarize yourself with the content
of and to comply with the generally accepted rules for Internet and
email usage.
(3) Without prejudice to the foregoing, you undertake
not to use Email Forwarding:
(1) to encourage, allow or participate in any form of
illegal or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material;
(2) to gain illegal access to systems or networks by
unauthorized access to or use of the data in systems or networks, including
all attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control without
the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users, servers
or networks, including, but not restricted to, mail bombing, flooding,
Denial of Service (DoS) attacks, willful attempts to overload another
system or other forms of harassment; or
(4) for spamming, which includes, but is not restricted
to, the mass mailing of unsolicited email, junk mail, the use of distribution
lists (mailing lists) which include persons who have not specifically
given their consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or
in any other way to pose as somebody else when using Email Forwarding.
(5) Registry Operator reserves the right to implement
additional anti-spam measures, to block spam or mail from systems with
a history of abuse from entering Registry Operator's Email Forwarding.
(6) On discontinuing Email Forwarding, Registry Operator
is not obliged to store any contents or to forward unsent email to you
or a third party.
APPENDIX 'G'
.NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant,
must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered
marks to exclusively pre-register on the .NAME space and create a protective
barrier for their trademarks. A "Defensive Registration" is
a registration granted to a third party of a specific string on the
second or third level, or of a specific set of strings on the second
and third levels, which will not resolve within the domain name system
but may prevent the registration of the same string(s) on the same level(s)
by other third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for Phase I Defensive
Registrations ("Phase I Defensive Registrants"), you own valid
and enforceable trademark or service mark registrations having national
effect that issued prior to April 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 .NAME Defensive Registration, 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 U.S. 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, 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
-
(i) an undertaking having its registered office, central
administration or principal place of business within the European Union
Community, or
(ii) an organisation established within the EU Community
without prejudice to the application of national law, or
(iii) 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
(i) where the registered office, central administration
or principal place of business of the undertaking of the Registrant
is located or
(ii) where the organisation of the Registrant is established
or
(iii) 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.
4. 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
(4) or 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:
2. 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.
3. 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).
4. 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://www.mtld.mobi/.
(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.
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