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| Registration Agreement |
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| This Registration Agreement ("Agreement")
sets forth the terms and conditions of your use of domain name
registration and related services ("Services"). In
this Agreement "you" and "your" refer to
you and the registrant listed in the WHOIS contact information
for the domain name. "We", "us" and "our"
refer to the registrars listed at the bottom of this document,
any one of which will be the registrar for your domain name
and all of which share common ownership, common terms and conditions,
and a shared Services infrastructure. To determine which registrar
your domain name is registered with, perform a WHOIS lookup
at http://www.uwhois.com. You obtain the Services first through
a Primary Service Provider, eNom, Inc., with whom we have a
wholesale relationship. Your relationship with your Primary
Service Provider may be governed by additional terms, as you
and your Primary Service Provider may agree. "We,"
"us" and "our" does not include your Primary
Service Provider, except when specifically mentioned or unless
your Primary Service Provider is one of us (i.e. if your Primary
Service Provider is also one of the registrars listed at the
bottom of this document). |
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| YOU AGREE TO THIS AGREEMENT:
By using the Service(s), you agree to all terms and conditions
of this Agreement, the UDRP (defined below) and the rules, policies,
or agreements published in association with specific of the
Service(s) and/or which may be enforced by ICANN, the registries,
and governments. |
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| PASSAGE OF TIME: This Agreement
will change over time. If, as a result of such a change, you
no longer agree with the terms of this Agreement, you agree
that your exclusive remedy is to transfer your domain name registration
services to another registrar or request of us that we cancel
your domain name registration services. If you continue to use
the Services following a change in this Agreement and/or the
Services, your continued use of the Services indicates your
consent to the changes. Any such revision or change will be
binding and effective within 30 days of when the revised Agreement
or change to the Service(s) is posted to the website of either
the Primary or Backend Service Providers, or 15 days after you
view the revised Agreement or 15 days after notification is
sent to the e-mail address provided in association with your
domain name registration. You agree to review this Agreement
periodically to make yourself aware of any such revisions. |
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| YOUR ACCOUNT: You must create
an account to use the Services. Your account is typically going
to be managed and/or provided by your Primary Service Provider.
You are responsible for maintaining and updating all login IDs,
passwords, and for all access to and use of your account by
you or any third party. |
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| SERVICE(S) PROVIDED AT WILL AND
TERMINATION OF SERVICE(S): We and your Primary Service Provider
may reject your domain name registration application or elect
to discontinue providing Service(s) to you for any reason within
30 days of a Service initiation or a Service renewal. Outside
of this period, we and your Primary Service Provider may terminate
or suspend the Service(s) at any time for cause, which, without
limitation, includes registration of prohibited domain name(s),
abuse of the Services, payment irregularities, serious allegations
of illegal conduct, or if your use of the Services involves
us in a violation of any Internet Service Provider's ("ISP's")
acceptable use policies, including the transmission of unsolicited
bulk email. You agree that if we terminate or suspend the Services
provided to you under this Agreement, that we may then, at our
option, make either ourselves or a third party the beneficiary
of Services which are substantially similar to those which were
previously providing to you and that any reference in this Agreement
to termination or suspension of the Services to you includes
this option. If we have grounds to terminate or suspend Service(s)
with respect to one domain name or in relation to other Service(s)
provided through your account, we may terminate or suspend all
Service(s) provided through your account, including Service(s)
to other domain names. No fee refund will be made when there
is a suspension or termination of Service(s) for cause. At any
time and for any reason, we may terminate the Services 30 days
after we send notice of termination via mail or email, at our
option, to the WHOIS contact information provided in association
with your domain name registration. Following notice of termination
other than for cause, you must transfer your domain name or
risk that we may delete your domain name or suspend or modify
Services to it. If we terminate Services for a reason other
than cause, we will attempt to refund your fees. You further
acknowledge and agree that your registration of a domain name
is subject to suspension, cancellation or transfer by any ICANN
procedure, by any registrar or registry administrator procedures
approved by an ICANN-adopted policy, to correct mistakes by
us, another registrar or the registry administrator in administering
the domain name or for the resolution of disputes concerning
the domain name. |
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| OUR SERVICES: We are accredited
registrars with the Internet Corporation for Assigned Names
and Numbers ("ICANN") for Top Level Domain Names ("TLDs")
(such as .com, .net, .org, .de, co.uk, etc.). ICANN oversees
registrations and other aspects of the TLDs. Domain name registrations
are not effective until the registry administrator puts them
into effect. For a list of registry administrators and for more
information on TLDs, see HYPERLINK http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms
which end on the expiration date. For domain names which are
created as a new registration out of the available namespace,
the term begins on the date the domain name registration is
acknowledged by the applicable registry; for domain names registrations
which were not returned to the available namespace, the term
begins on the date the previous registrant's domain name registration
was acknowledged by the applicable registry. You agree that
we and your Primary Service Provider are not liable or responsible
in any way for any errors, omissions or any other actions by
the registry administrator arising out of or related to a request
to register, renew, modify the settings for, or transfer of
a domain name registration (our limitation of liability is explained
further, below). You further agree that domain name registration
is a service, that domain name registrations do not exist independently
from services provided pursuant to this or a similar registration
agreement with a registrar, and that domain name registration
services do not create a property interest. |
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| YOU WARRANT THAT YOUR USE OF OUR
SERVICES IS NOT GOING TO SUBJECT US TO ANY CLAIM(S). You
further agree to indemnify, defend and hold harmless us, your
Primary Service Provider, and applicable registry administrator(s)
(including Verisign Inc., Neulevel, Inc., Public Interest Registry,
Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html)
and all such parties' directors, officers, employees, and agents
from and against any and all claims, damages, liabilities, costs,
and expenses (including any direct, indirect, incidental, special
or consequential damages and reasonable legal fees and expenses)
arising out of, or related to, the domain name registration
services you are obtaining from us. |
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| NOT INCLUDED IN THE SERVICES:
Without limitation, the following are not included in the
Services: We cannot and do not check to see whether the domain
name(s) you select, or the use you make of the domain name(s),
or other of the Service(s), infringes legal rights of others.
It is your responsibility to know whether or not the domain
name(s) you select or use infringes legal rights of others.
We might be ordered by a court to cancel, modify, or transfer
your domain name; it is your responsibility to list accurate
contact information in association with your account and to
communicate with litigants, potential litigants, and governmental
authorities. It is not our responsibility to forward court orders
or other communications to you. We will comply with court orders
unless you contact us to contest the order. |
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| IF LAWSUIT(S) ARE THREATENED:
If we are sued or threatened with lawsuit in connection with
Service(s) provided to you, we may turn to you to indemnify
us and to hold us harmless from the claims and expenses (including
attorney's fees and court costs). Under such circumstances,
you agree that you will, upon demand, obtain a performance bond
with a reputable bonding company or, if you are unable to obtain
a performance bond, that you will deposit money with us to pay
for our reasonably anticipated expenses in relation to the matter
for the coming year. Such deposit will be drawn down as expenses
are incurred, with all account notices sent to the WHOIS contact
information provided in association with your domain names and/or
account. We shall not be obliged to extend you any credit in
relation to such expenses and we may terminate the Services
for a failure to make or renew such a deposit. We will return
any unused deposit upon the later of one year from deposit or
the conclusion of the matter. |
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| DISPUTE RESOLUTION POLICY: You agree
to the Uniform Domain Name Dispute Resolution Policy ("UDRP"),
which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm
and http://www.icann.org/dndr/udrp/policy.htm . You agree that
the UDRP may be changed by ICANN (or ICANN's successor) at any
time. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be
subject to the provisions specified in the Dispute Policy in
effect at the time your domain name registration is disputed
by the third party. You also agree that, in the event a domain
name dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions of
the UDRP. You also understand that it is important for you to
regularly monitor email sent to the email address associated
with your account and domain names because, among other reasons,
if a dispute arises regarding Services provided to you, you
may lose your rights to receive the Services if you do not respond
expeditiously to an email sent in conjunction therewith. |
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| FEES: As consideration for
the Service(s), renewal of the Service(s), and, if you select
it, automatic renewal of the Service(s), you agree to pay, prior
to the effectiveness of the desired Service(s), the applicable
Service(s) fees. All fees are non-refundable, in whole or in
part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration
term, unless this Agreement specifically provides for a refund.
At our option, we may require that you pay fees through a particular
payment means (such as by credit card or by wire transfer) or
that you change from one payment provider to another. |
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| CREDIT CARD AND OTHER CHARGES:
If you have an issue with credit card charges, you should contact
your Primary Service Provider (if any), first, and us, secondarily,
regarding the issue before you contact your credit card company
to request a charge back or reversal of the charges. In the
event of a charge back by a credit card company (or similar
action by another payment provider allowed by us) in connection
with your payment of fees for any Service(s), you agree that
we and/or your Primary Service Provider may suspend access to
any and all accounts you have with us and/or your Primary Service
Provider and that all rights to and interest in and use of any
domain name registration(s) services, website hosting, and/or
email services, including all data hosted on our systems and/or
on the systems of your Primary Service Provider shall be assumed
by us or your Primary Service Provider, as the case may be.
We will reinstate your rights to and control over these Services
solely at our discretion, and subject to our receipt of the
unpaid fee(s) and our then-current reinstatement fee, currently
set at $200(US Dollars). Reinstatement of Service(s) by your
Primary Service Provider may be according to the terms, if any,
between you and your Primary Service Provider relating to reinstatement.
Charges for the Service(s) which use our credit card payment
processor will be identified on your credit card statement as
"Domain Name Registration." We are not responsible
for how charges appear on your credit card statement when the
transaction is processed by your Primary Service Provider's
or another third party's credit card payment processor. |
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| EXPIRATION AND RENEWAL OF SERVICE(S):
You acknowledge that it is your responsibility to keep your
own records and to maintain your own reminders regarding when
your domain name registration or other Services are set to expire.
As a convenience to you, and not as a binding commitment, we
and/or your Primary Service Provider may notify you via an email
message or via your account when renewal fees are due. Should
these fees go unpaid, your Services will expire or be cancelled.
Payment must be made by credit card or such other method as
we may allow or require from time to time. If you select automatic
renewal of the Service(s), we may attempt to renew the Service(s)
a reasonable time before expiration, provided your credit card
or other billing information is available and up to date. You
acknowledge that it is your responsibility to keep your billing
information up to date and that we are not required to, but
that we may, contact you to update this information in the event
that an attempted transaction is not processed successfully.
*please note: for certain TLDs, the automatic renewal option
is not available |
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| ACCOUNT CONTACT INFORMATION AND
DOMAIN NAME WHOIS INFORMATION: As further consideration
for the Service(s), you agree to provide certain current, complete
and accurate information about you, both with respect to your
account information and with respect to the WHOIS information
for your domain name(s). You agree to maintain and update this
information as needed to keep it current, complete and accurate.
With respect to you, the administrative, technical, and billing
contacts for your domain name registration(s) and other Service(s),
you must submit the following: name, postal address, e-mail
address, voice telephone number, and where available, fax number.
You agree that the type of information you are required to provide
may change and you understand that, if you do not provide the
newly required information, your registration or and/or other
Service(s) may be suspended or terminated or may not be renewed.
Not providing requested information may prevent you from obtaining
all Service(s). You may provide information regarding the name-servers
assigned to your domain name(s) and, if we are providing name-server
services to you, the DNS settings for the domain name. If you
do not provide complete name-server information, or if you purchase
"Name Only" Services, you agree that we may supply
this information (and point your domain name to a website of
our choosing) until such time as you elect to supply the name-server
information or until such time as you elect to upgrade from
"Name Only" Services. |
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| YOUR OBLIGATIONS AND REPRESENTATIONS
RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION: In
the event that, in registering a domain name or obtaining other
Service(s), you provide information about or on behalf of a
third party, you represent that you have (a) provided notice
to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) that you
have obtained the third party's express consent to the disclosure
and use of that party's information as set forth in this Agreement.
By registering a domain name or applying for other Service(s)
you also represent that the statements in your application are
true and you also represent that the domain name is not being
registered or the Services being procured for any unlawful purpose.
You acknowledge that providing inaccurate information or failing
to update information promptly will constitute a material breach
of this Agreement and will be sufficient basis for suspension
or termination of Services to you. You further agree that your
failure to respond for over ten (10) calendar days to inquiries
by us concerning the accuracy of account and WHOIS contact information
shall constitute a material breach of this Agreement and will
be sufficient basis for suspension or termination of Service(s)
to you. As indicated elsewhere in this Agreement, you understand
that it is important for you to regularly monitor email sent
to the email address associated with your account and WHOIS
contact information because, among other reasons, if a dispute
arises regarding a domain name(s) or other Service(s), you may
loose your rights to the domain name(s) or your right to receive
the Service(s) if you do not respond appropriately to an email
sent in conjunction therewith. |
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| ACCESSING YOUR ACCOUNT AND AN
IMPORTANT LIMITATION OF OUR LIABILITY: In order to change
any of your account or domain name WHOIS information, you must
access your account with your Primary Service Provider (if any),
or your account with us. Please safeguard your account login
identifier and password from any unauthorized use. You agree
that any person in possession of you account login identifier
and password will have the ability and your authorization to
modify your account and domain name information. We will take
reasonable precautions to protect the information we obtain
from you from loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information and that such
reasonable precautions include procedures for releasing account
access information to parties who claim to have lost account
access information. You agree that, if we take reasonable precautions
in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF
SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED
USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT,
EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, THAT OUR LIABILITY
UNDER ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF
LIABILITY PROVISION FOUND BELOW IN THIS AGREEMENT. If you contact
us alleging that a third party has unauthorized access to your
account or domain names, you agree that we may charge you administrative
fees of $50 (US dollars) per hour for our time spent in relation
to the matter, regardless of whether or not we return control
over the account and/or domain names to you. |
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| TRANSFERS: You agree that
transfer of your domain name(s) services shall be governed by
ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree
that we may place a "Registrar Lock" on your domain
name services and that this will prevent your domain name services
from being transferred without your authorization, though we
are not required to do so. By allowing your domain name services
to remain locked, you provide express objection to any and all
transfer requests until the lock is removed. To transfer your
domain name(s) you should first login to your account to lock
or unlock your domain name(s) and/or to obtain the EPP "AuthCode"
which is required to transfer domain services in an EPP registry
(such as .org). Alternatively, you should contact your Primary
Service Provider to have your domain name(s) services locked
or unlocked or to obtain the EPP "AuthCode." If your
Primary Service Provider is unresponsive, you may contact us
to have your domain name(s) locked or unlocked or to obtain
the EPP "AuthCode" though we may first contact your
Primary Service Provider to request that the Primary Service
Provider address the request. Only the registrant and the administrative
contacts listed in the WHOIS information may approve or deny
a transfer request. Without limitation, domain name services
may not be transferred within 60 days of initial registration,
within 60 days of a transfer, if there is a dispute regarding
the identity of the domain name registrant, if you are bankrupt,
or if you fail to pay fees when due. We will follow the procedures
for both gaining and loosing registrars as outlined in ICANN's
transfer policies. Transfer requests typically take five business
days to be processed. A transfer will not be processed if, during
this time, the domain name registration services expire in which
event you may need to reinstate the transfer request. You may
be required to resubmit a transfer request if there is a communication
failure or other problem at either our end or at the registry.
AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR
FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS INITIATED CLOSE
TO THE END OF A REGISTRATION TERM. |
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| PRIVACY POLICY: You agree
and consent that we will make available the domain name registration
information you provide or that we otherwise maintain to the
following parties: ICANN, the registry administrator(s), and
to other third parties as ICANN and applicable laws may require
or permit (including through web-based and other on-line WHOIS
lookup systems), whether during or after the term of your domain
name registration services of the domain name. You hereby irrevocably
waive any and all claims and causes of action you may have arising
from such disclosure or use of such information. Additionally,
you acknowledge that ICANN may establish or modify the guidelines,
limits and/or requirements that relate to the amount and type
of information that we may or must make available to the public
or to private entities, and the manner in which such information
is made available. Information regarding ICANN's guidelines
and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and elsewhere on the
ICANN website at http://www.icann.org/index.html. You agree
that we may make publicly available, or directly available to
third parties, some, or all, of the information you provide,
for purposes of inspection (such as through our WHOIS service)
or for targeted marketing and other purposes as required or
permitted by applicable laws. One of the ways that we may make
some or all of the information you provide available to the
public or third parties is by way of bulk WHOIS data access
provided to third parties who enter into a bulk WHOIS data access
agreement with us. Please click here if you would like your
WHOIS information made available for bulk access. We reserve
the right to discontinue providing bulk WHOIS data access to
third parties. |
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| OWNERSHIP OF INFORMATION AND DATA:
You agree and acknowledge that we own all database, compilation,
collective and similar rights, title and interests worldwide
in our domain name database, and all information and derivative
works generated from the domain name database. You further agree
and acknowledge that we own the following information for those
registrations for which we are the registrar: (a) the original
creation date of the registration, (b) the expiration date of
the registration, (c) the name, postal address, e-mail address,
voice telephone number, and where available fax number of all
contacts for the domain name registration, (d) any remarks concerning
the registered domain name that appear or should appear in the
WHOIS or similar database, and (e) any other information we
generate or obtain in connection with the provision of domain
name registration services, other than the domain name being
registered, the IP addresses of the primary nameserver and any
secondary nameservers for the domain name, and the corresponding
names of those nameservers. We do not have any ownership interest
in your specific personal registration information outside of
our rights in our domain name database. |
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| AGENTS AND LICENSES: You agree
that, if you are registering a domain name for or on behalf
of someone else, you represent that you have the authority to
nonetheless bind that person as a principal to all terms and
conditions provided herein. You agree that if you license the
use of the domain name registered to you to a third party, you
nonetheless remain the domain name holder of record, and remain
responsible for all obligations under this Agreement, including
but not limited to payment obligations, and providing (and updating,
as necessary) both your own full contact information, and accurate
technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that
arise in connection with the domain name and domain name registration. |
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| USE OF FREE SERVICES: In consideration
for providing additional optional Services for which we do not
charge an additional fee, including, but not limited to, URL
forwarding, email forwarding, free parking page, free website
hosting, free email services, or other services which we may
introduce from time to time but for which there is not a separate
fee ("Free Services"), you agree that, if you use
such Free Services, we may display advertising in conjunction
therewith through the use of pop-up or pop-under browser windows,
banner advertisements, audio or video steams, appendices to
emails, or other similar advertising means, and that we may
aggregate related usage data by means of cookies and other similar
means. You agree that from time to time we may provide you with
free or low-cost domain name(s) services ("Promotional
Name(s)"). If we do so, the services for the Promotional
Name(s) will be placed in the same account as your other domain
name(s) and you will be listed as the registrant, though we
may point the Promotional Name to IP address(es)of our choosing.
If you want to assume control over the services provided to
the Promotional Name, including the right to transfer or push
the Promotional Name service to other registrars or other accounts
or the ability to control the DNS settings for the Promotional
Name, you must pay the promotional registration fee or renewal
fee, if any, and agree to the terms of this Agreement with respect
to such Promotional Name(s). If you do not want the Promotional
Name services, you may request that you be removed as the registrant
of such Promotional Names and we will be listed as the domain
name registrant. Alternatively, you may contact us or your Primary
Service Provider to request that we delete the Promotional Name
from the namespace. For any domain name services, including
these Promotional Names, for which you are listed as registrant
but for which you do not pay the registration or renewal fee,
you agree that we may assign name-servers to the domain name
and point the domain name to IP address(es) designated by us
until the registration or renewal fee is paid. |
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AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION:
Immediately after the expiration of the term of domain
name registration services and before deletion of the domain
name in the applicable registry's database, you acknowledge
that we may direct the domain name to name-servers and IP
address(es) designated by us, including, without limitation,
to no IP address or to IP address(es) which host a parking
page or a commercial search engine that may display advertisements,
and you acknowledge that we may either leave your WHOIS information
intact or that we may change the contact information in the
WHOIS output for the expired domain name so that you are no
longer the listed registrant of the expired domain name.
Reactivation Period Process. For a period of approximately
30 days after expiration of the term of domain name registration
services, you acknowledge that we may provide a procedure
by which expired domain name registration services may be
renewed. You acknowledge and agree that we may, but are not
obligated to, offer this process, called the "reactivation
period." You acknowledge that you assume all risks and
all consequences if you wait until close to or after the expiration
of the original term of domain name registration services
to attempt to renew the domain name registration services.
You acknowledge that we, for any reason and in our sole discretion,
may choose not to offer a reactivation period and that we
shall not be liable therefore. You acknowledge that reactivation
period renewal processes, if any, may involve additional fees
which we and your Primary Service Provider may determine.
You acknowledge and agree that we may make expired domain
name services(s) available to third parties, that we may auction
off the rights to expired domain name services (the auction
beginning close to the end or after the end of the reactivation
period), and/or that expired domain name registration services
may be re-registered to any party at any time.
After the reactivation period, you agree that we may either
(i) discontinue the domain name registration services at any
time thereafter, (ii) that we may pay the registry's registration
fee or otherwise provide for the registration services to
be continued, or, (iii) if we auctioned the domain name services
to a third party, that we may transfer the domain name registration
services to such third party.
In the case of (i), above, you acknowledge that certain registry
administrators may provide procedures by which discontinued
domain name registration services may nonetheless be renewed.
You acknowledge and agree that we may, but are not obligated
to, participate in this process, typically called the "Redemption
Grace Period" ("RGP"). You acknowledge that
we, for any reason and in our sole discretion, may choose
not to participate in the RGP process with respect to any
or all of your domain name registration services and that
we shall not be liable therefore. If available, RGP typically
ends between 30 and 42 days after the end of the reactivation
period of the domain name services, as the reactivation period
applied to you. The typical RGP fee is $160 plus any registration
fees. You agree that we are not obliged to contact you to
alert you that the domain name registration services are being
discontinued.
In the case of (ii), above, you acknowledge that we may then
set the name-servers and the DNS settings for the domain name
services, that we set the DNS to point to no IP address or
to IP address(es) which host parking page(s) or a commercial
search engine that may display paid advertisements, and you
acknowledge that we may change the contact information in
the WHOIS output for the expired domain name so that you are
no longer the listed registrant of the expired domain name.
You acknowledge that we do not have to pay you any of the
proceeds, if any, we may earn as a result. You agree that
we are not obliged to contact you to alert you that the domain
name registration services are being continued. In this case,
the domain name will be designated as being in the extended
redemption grace period ("ERGP"), and you will be
allowed to assume, during the first 120 days of the then extant
registration term, complete management of the domain name
services, including the right to control the DNS settings,
provided that you pay a fee of $160 (US dollars) plus any
registration fees. After the end of the 120-day period, if
you do not exercise your rights under this provision, you
agree that you have abandoned the domain name services, and
relinquish all rights and use of the domain name services.
In the case of (iii), above, the third party who won the
auction for the domain name services will control the domain
name services, including control over the WHOIS information
and the DNS settings. You may recover the domain name registration
services for a period of up to 42 days after the end of the
reactivation period, as such reactivation period applied to
you. You agree that we are not obliged to contact you to alert
you that the domain name registration services are or were
auctioned. You acknowledge that we do not have to pay you
any of the proceeds, if any, we may earn as a result of such
an auction. To exercise your rights to recover auctioned domain
name services, you must contact us and provide us with a certified
letter addressed to "Expiration Recovery" and including
documents setting forth your identity and address, which identity
and address must be the same as that of the registrant as
it was listed in the WHOIS information for the domain name
services prior to expiration, a copy of a commonly accepted
(in the United States) picture ID (such as a drivers license
or passport) which supports your identity and address claim,
a front and back photocopy of your credit card and you must
a statement authorizing payment of the reinstatement fee to
such credit card, which is $160 plus any registration fees.
In doing so, you must provide us with sufficient time to allow
us to receive and evaluate your documents and to contact the
auction winner prior to the end of 30 days after the end of
the reactivation period of the domain name services.
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LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN
NAME REGISTRATION SERVICES, (2) USE OF THE SERVICE(S), INCLUDING,
WITHOUT LIMITATION DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION
OF OUR SERVICES OR INTERRUPTION OF YOUR BUSINESS, (4) ACCESS
DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S)
OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION
TO A DOMAIN NAME REGISTERED WITH US; (5) LOSS OR LIABILITY RESULTING
FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (6) DATA NON-DELIVERY,
MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(7) THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION;
(8) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR
MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9) APPLICATION
OF THE DISPUTE POLICY. YOU ALSO AGREE THAT NEITHER WE NOR YOUR
PRIMARY SERVICE PROVIDER WILL BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING
LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT,
TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE OR YOUR
PRIMARY SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY
OF SUCH DAMAGES. IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE
PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FOUR HUNDRED DOLLARS ($400.00 US Dollars). BECAUSE
SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY
FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR
AND/OR YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW. |
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| INDEMNITY: With respect to
ICANN, the registry operators, us, and your Primary Service
Provider, as well as the contractors, agents, employees, officers,
directors, shareholders, and affiliates of such parties, you
agree to release, indemnify, and hold such parties harmless
from all liabilities, claims and expenses, including attorney's
fees and court costs, for third party claims relating to or
arising under this Agreement, the Service(s) provided hereunder,
or your use of the Service(s), including, without limitation,
infringement by you, or by anyone else using the Service(s)
we provide to you, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any
of our operating rules or policies relating to the Service(s)
provided. When we may be involved in a suit involving a third
party and which is related to our Service(s) to you under this
Agreement, we may seek written assurances from you in which
you promise to indemnify and hold us harmless from the costs
and liabilities described in this paragraph. Such written assurances
may include, in our sole discretion, the posting of a performance
bond(s) or other guarantees reasonably calculated to guarantee
payment. Your failure to provide such assurances may be considered
by us to be a breach of this Agreement by you and may, in our
sole discretion, result in loss of your right to control the
disposition of domain name services for which you are the registrant
and in relation to which we are the registrar of record. This
indemnification is in addition to any indemnification required
under the UDRP. |
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| REPRESENTATIONS AND WARRANTIES: YOU
REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER
THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT
IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICE(S)
INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT
AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL SERVICE(S)
ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT
FOR OUR STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED
DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR THE SERVICE(S), INCLUDING BUT NOT LIMITED
TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR
PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT
LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER
THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT
WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF
THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE
THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED
THROUGH THE USE OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE
IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR
LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL
AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS OR SERVICES
PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS
ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO ADVICE OR INFORMATION,
WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US SHALL CREATE
ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO
NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU. |
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| GOVERNING LAW AND JURISDICTION
FOR DISPUTES: Except as otherwise set forth in the UDRP
or any similar ccTLD policy with respect to any dispute over
a domain name registration this Agreement, your rights and obligations
and all actions contemplated by this Agreement shall be governed
by the laws of the United States of America and the State of
Washington, as if the Agreement was a contract wholly entered
into and wholly performed within the State of Washington. You
agree that any action brought by you to enforce this Agreement
or any matter brought by you and which is against or involves
us and which relates to your use of the Services shall be brought
exclusively in the United States District Court for the Western
District of Washington, or if there is no jurisdiction in such
court, then in a state court in King County, Washington state.
You consent to the personal and subject matter jurisdiction
of any state or Federal court in King County, Washington state
in relation to any dispute between you and us under this Agreement.
You agree that service of process on you by us in relation to
any dispute arising under this Agreement may be served upon
you by first class mail to the address listed by you in your
account and/or domain name WHOIS information or by electronically
transmitting a true copy of the papers to the email address
listed by you in your account and/or domain name WHOIS information.
Notwithstanding the foregoing, for the adjudication of third
party disputes (i.e., disputes between you and another party,
not us) concerning or arising from use of domain names registered
hereunder, you acknowledge and agree that you shall submit,
without prejudice to other potentially applicable jurisdictions,
to the jurisdiction of the courts (a) of the domain name holder's
domicile, and (b) where we are located, currently Bellevue,
W.A. |
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| NOTICES: You agree that any
notices required to be given under this Agreement by us to you
will be deemed to have been given if delivered in accordance
with the account and/or domain name WHOIS information you have
provided. |
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| INFANCY: You attest that you
are of legal age to enter into this Agreement. |
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| GENERAL: This Agreement and
the UDRP, together with all modifications, constitute the complete
and exclusive agreement between you and us, and supersede and
govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between
the parties. The failure of us to require your performance of
any provision hereof shall not affect the full right to require
such performance at any time thereafter; nor shall the waiver
by us of a breach of any provision hereof be taken or held to
be a waiver of the provision itself. In the event that any provision
of this Agreement shall be unenforceable or invalid under any
applicable law or be so held by applicable court decision, such
unenforceability or invalidity shall not render this Agreement
unenforceable or invalid as a whole. We will amend or replace
such provision with one that is valid and enforceable and which
achieves, to the extent possible, our original objectives and
intent as reflected in the original provision. This Agreement
may not be amended or modified by you except by means of a written
document signed by both you and an authorized representative
of us. |
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| THE FOLLOWING REGISTRARS ARE REFERENCED
IN THIS DOCUMENT: |
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Afterdark Domains, Incorporated
Arab Internet Names, Incorporated
AsiaDomains, Incorporated
Big House Services, Inc.
Blisternet, Incorporated
Dagnabit, Incorporated
DBMS, Incorporated
Domain Rouge, Inc.
Domainnovations, Incorporated
Dropoutlet, Incorporated
eNom, Incorporated
eNom Corporate, Inc.
eNom1, Inc.
eNom2, Inc.
eNom3, Inc.
enom371, Incorporated
enom373, Incorporated
enom375, Incorporated
enom377, Incorporated
enom379, Incorporated
enom381, Incorporated
enom383, Incorporated
enom385, Incorporated
enom387, Incorporated
enom389, Incorporated
enom391, Incorporated
enom393, Incorporated
enom395, Incorporated
enom397, Incorporated
enom399, Incorporated
enom403, Incorporated
enom405, Incorporated
enom407, Incorporated
enom409, Incorporated
enom411, Incorporated
enom413, Incorporated
enom415, Incorporated
enom417, Incorporated
enom419, Incorporated
enom421, Incorporated
enom423, Incorporated
enom425, Incorporated
enom427, Incorporated
enom429, Incorporated
enom431, Incorporated
enom433, Incorporated
enom435, Incorporated
enom437, Incorporated
enom439, Incorporated
enom441, Incorporated
enom443, Incorporated
enom445, Incorporated
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enom447, Incorporated
enom449, Incorporated
enom451, Incorporated
enom453, Incorporated
enom455, Incorporated
enom457, Incorporated
enom459, Incorporated
enom461, Incorporated
enom463, Incorporated
enom465, Incorporated
enom467, Incorporated
enom469, Incorporated
eNom5, Inc.
eNomAu, Inc.
eNombre Corporation
eNomEU, Inc.
eNomfor, Inc.
eNomGMP Services, Inc.
eNomMX, Inc.
eNomnz, Inc.
eNomsky
eNomToo, Inc.
eNomV, Inc.
eNomWorld, Inc.
eNomX, Inc.
Entertainment Names, Incorporated
Extra Threads Corporation
FeNomINAL, Inc.
Fushi Tarazu, Incorporated
Gunga Galunga, Inc.
Indirection Identity Corporation
Internet Internal Affairs Corporation
Kingdomains, Incorporated
Mark Barker Incorporated
Mobile Name Services, Incorporated
Name Nelly Corporation
Name Thread Corporation
Nerd Names Corporation
Nom Infinitum Corporation
PostalDomains, Incorporated
Private Domains, Incorporated
Retail Domains, Inc.
SBSNames, Incorporated
Searchnresq, Inc.
Sicherregister, Incorporated
Sipence, Incorporated
Sssasss, Incorporated
Traffic Names, Incorporated
TravelDomains, Incorporated
Vedacore.com, Inc.
Whiteglove Domains, Incorporated |
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