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REGISTRATION AGREEMENT1. GeneralThis Registration Agreement ("Agreement") sets forth the terms and conditions of your use of Domain Registration Services ("DRS") or a DRS authorized Agent to register a domain name on the Internet. To complete the registration process, you must read and agree to be bound by all terms and conditions of this Agreement and dispute policy, and any rules or policies that are or may be published by DRS. This Agreement will become effective if accepted by DRS. DRS is an accredited Registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") under an agreement between DRS and ICANN ("ICANN Agreement"). ICANN oversees the .com, .net, .org, and new TLDs. As an accredited domain name Registrar, DRS is, upon accepting your domain name registration application, your sponsor for that application. You acknowledge that DRS may modify this Agreement if necessary to comply with its ICANN Agreement, or otherwise. DRS may elect to accept or reject your domain name registration application for any reason at its sole discretion. All domain name registrations we register are not effective until we have delivered the domain name registration information you provide us to the Registry administrator, as applicable, and the Registry administrator puts into effect your domain name registration. The applicable Registry reserves to right to refuse or cancel your domain registration under their particular rules and guidelines. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by the applicable Registry. DRS also registers, administers and renews various country code top level domains (ccTLDs). The Registry administrator varies by individual country code. By agreeing to the terms and conditions set forth in this Agreement, you are also agreeing to be bound by the rules and regulations set forth by these Registry administrators for their respective registries only. You agree and acknowledge that DRS is not liable or responsible in any way for any errors, omissions or any other actions by the Registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless DRS and/or the Registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration. 1.1. Domain Name Renewals
When You register a domain name, automatic renewal is NOT the default setting. You must explicitly choose automatic renewal if You want Your domain name(s) to be automatically renewed at the time of registration. If you explicitly choose the automatic renewal option, DRS will automatically renew, for a period of one (1) year (or more years in accordance with your choice at the time of registration), the subject domain name(s) that is (are) up for renewal and will take payment from the electronic Payment Method used for the original registration, at our then current rates. Domain name renewals will be non refundable. If for any reason DRS is not able to take the payment from the Payment Method You have on file, and You fail to respond DRS notices, Your domain name registration will expire. It is Your responsibility to keep Your Payment Method information current, which includes the expiration date and card billing address if you are using a credit card. If You do not elect that the domain name be automatically renewed, You have the responsibility of renewing that domain name manually on our web site by the expiration date should You want the domain name to be renewed. If You fail to manually renew the domain(s) in a timely fashion the domain name will be canceled and You will no longer have use of that name. You agree that DRS will not be responsible for canceled domain names that You fail to renew, either automatically or manually. In any case, if You fail to renew Your domain name in a timely fashion, additional charges may apply. If You signed up for domain masking, domain forwarding, or any other similar service, with Your domain registration, these services will be automatically renewed when Your domain registration is up for renewal, and You will incur the applicable additional renewal fee unless You cancel in advance. If You fail to renew Your domain name, You agree that DRS may, at its sole discretion, renew Your expired domain name on Your behalf. If DRS decides to renew Your expired domain name on Your behalf, You will have a Renewal Grace Period during which You may reimburse DRS for the renewal and a late fee and keep Your domain name. The Renewal Grace Period is currently ten (10) days but subject to change under the terms of this Agreement. The late fee is currently $10 USD and is subject to change under terms of this agreement. If You do not reimburse DRS for the renewal and late fee during the Renewal Grace Period Your domain name will be flagged for deletion after which You will have a 10-day redemption period during which You may pay us a Redemption fee and redeem Your domain name. The Redemption fee is currently $80 USD and is subject to change under the terms of this agreement. If You do not redeem Your domain name prior to the end of the 10-day redemption period we may, at our sole discretion, delete Your domain name or transfer it to another registrant on Your behalf. If Your domain is deleted, the Registry also provides a 30-day Redemption Grace Period during which You may pay us a redemption fee and redeem Your domain name. The redemption fee is currently $80 USD and is subject to change under the terms of this agreement. If You do not redeem Your domain name prior to the end of the Registry Redemption Grace Period the Registry will release Your name and it will become available for registration on a first-come-first-served basis. Renewal Grace Periods and Redemption Grace Periods vary for different ccTLDs. Please refer to the specific terms for the applicable TLD. In the event of a conflict between this paragraph and the ccTLD terms, the ccTLD terms shall control. 2. FeesAs consideration for the domain name registration and related services provided to you by DRS, you agree to pay to DRS the fees shown on the web site or applicable form which is incorporated into this Agreement by reference. If at any time any fees or other charges payable to the applicable Registry for a domain name registered by DRS on your behalf, or fees or other charges payable to ICANN or any other regulatory body on account of such domain name, shall increase, or any additional fee, tax or charge shall become due and payable to any third party related to a domain name registered by DRS on your behalf, fees payable by you to DRS under this Registration Agreement will increase by any such amount. ALL FEES ARE NON-REFUNDABLE, IN WHOLE OR IN PART, EVEN IF YOUR SERVICE IS SUSPENDED, CANCELED OR TRANSFERRED PRIOR TO THE END OF THE THEN-CURRENT SERVICE TERM. DRS reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason, at its sole discretion, without prior notice to you. Your use of DRS services after any such changes become effective constitutes your acceptance of those changes. We will attempt to notify you when renewal fees are due. Should these fees go unpaid by the original domain expiration date and time, your registration will be canceled. Payment must be made by credit card or as specified on the application form or web site renewal page. You agree to pay all value added, sales and other taxes (other than taxes based on DRS's income) related to the Service(s) provided to you hereunder. All payments of fees for the Service(s) provided by shall be made in U.S. dollars. All sums due and payable that remain unpaid after any applicable cure period herein will accrue interest as a late charge of 1.5% per month or the maximum amount allowed by law, whichever is less. For advanced domain registration services, or optional automatic renewal services, you agree to pay DRS the then-current amounts set forth in the DRS web site or applicable form. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration or fee for any optional services you requested, you agree and acknowledge that the domain name registration shall be transferred to DRS as the paying entity for that registration to the Registry and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and our then-current reinstatement fee, currently set at US$80. You agree to assume responsibility for tracking the expiration date of your domain registration. We will attempt to notify you by email when the domain nears its expiration and renewal fees are due. Should a renewal not be submitted to DRS prior to the expiration date, or if the renewal fees go unpaid beyond the domain's original expiration date and time, your registration will be automatically canceled. We are not responsible for cancellation of your domain, the possible loss of your ability to re-register the domain, or any subsequent losses in case of your non-renewal. In the case of domain name registrations, DRS will attempt to provide this reminder by email to the administrative contact on file for the domain name registration. Notwithstanding these attempts, DRS is not responsible for notification attempts to you or for the success or failure of any notification attempt. You will be responsible to assure that your billing information and email address is accurate and that electronic and postal correspondences sent to you are deliverable. 3. Transfer of OwnershipThe entity named as the Registrant at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay DRS the then-current amount set forth by DRS for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by DRS in its sole discretion). 4. Transfer to DRSDRS is approved as an accredited Registrar with ICANN. In the case of domain renewal, you agree to change the Registrar of your domain name from the current Registrar to DRS. You hereby authorize DRS to take the necessary steps to accomplish that change of Registrars and agree to cooperate in that process. 5. Dispute PolicyYou agree to be bound by the DRS Domain Name Dispute Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at http://www.icann.org/udrp/udrp.htm . Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold DRS harmless pursuant to the terms and conditions contained in the Dispute Policy. 6. Changes to Registration Agreement and Dispute PolicyYou acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that DRS may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other reasons, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you shall constitute your acceptance of this Agreement and the Dispute Policy with the new modifications. If you do not agree to any of such changes, you may request that your domain name registration be canceled or transferred to a different domain name Registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, canceled or transferred prior to the end of your then current registration term. 7. Ownership of DataYou agree and acknowledge that DRS owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. DRS does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database. 8. Registration Data and Use of Your InformationAs part of the registration process, you are required to provide certain information and to update this information to keep it current, complete and accurate. Updates can be made at our website locate at http://www.dotEarth.com. 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) which includes:
The domain name; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registered Name Holder; The name of authorized person for contact purposes in the case of a Registered Name Holder that is an organization, association, or corporation; The full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative and technical contacts; The internet protocol (ip) numbers for the primary and secondary name servers; The corresponding names of the name servers
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. If you license use of a domain name to a third party, you are nonetheless the holder of record of the domain name and are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, and zone contact information. You agree that any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm. You further agree that your failure to provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration or failure to respond for over fifteen (15) calendar days to inquiries by DRS concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. In the event the lack of accurate/current contact information results in the loss, cancellation or transfer of the domain name(s) associated with your account, you agree that you shall not hold DRS, its officers or directors liable for any such loss or any damages associated with the loss. Not providing requested information may prevent you from obtaining associated services. You acknowledge that DRS will make some of the information that you provide during the registration process publicly available as required by ICANN. Additionally, you acknowledge that ICANN may impose guidelines, limits and/or requirements that relate to the amount and type of information that DRS may or must make available to the public or to private entities. DRS will not otherwise disclose your information to any third party unless it is required to maintain your domain name. You may request a copy of your information in DRS's possession to review, modify or update such information. In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement. 9. Agents and LicensesYou 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. Your continued use of our services ratifies any unauthorized actions of your agent. By using your login name or account number or password, or otherwise purporting to act on your behalf, your agent certifies that he or she is authorized to apply for our services on your behalf, that he or she is authorized to bind you to the terms and conditions of this Agreement, that he or she has apprised you of the terms and conditions of this Agreement, and that he or she is otherwise authorized to act on your behalf. In addition, you are responsible for any errors made by your agent. You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
10. Acceptable Use PoliciesDRS reserves the right to suspend or cancel your domain name in the event that you use the domain name to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, or if you use your domain name in connection with unlawful activity. DRS reserves the right to suspend or cancel your use of our services without warning, including DNS service, email forwarding, or URL forwarding services in accordance with the aforementioned policies, or if such usage negatively impacts the performance of our servers or interferes with the normal conduct of our business operations. Our services are not intended for use with adult material. You represent that, to the best of the Registered Name Holders knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 11. Limitation of LiabilityYOU AGREE THAT DRS WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND DRS'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; (h) THE PROCESSING OF ANY MODIFICATION TO THE RECORD ASSOCIATED WITH YOUR DOMAIN NAME, OR (i) APPLICATION OF THE DISPUTE POLICY. DRS ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF DRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL DRS'S MAXIMUM LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU TO DRS FOR REGISTRATION OF YOUR DOMAIN NAME. BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW. YOU AGREE THAT, REGARDLESS OF ANY STATUTE OR LAW TO THE CONTRARY, EXCEPT AS PROHIBITED BY LAW, ANY CLAIM OR CAUSE OF ACTION ARISING OUT OF OR RELATED TO THIS AGREEMENT, THE SITE, OR DRS PRODUCTS OR SERVICES, MUST BE COMMENCED WITHIN ONE (1) YEAR AFTER THE CAUSE OF ACTION AROSE; OTHERWISE, SUCH CAUSE OF ACTION IS PERMANENTLY BARRED. 12. IndemnityYou agree to defend, indemnify and hold harmless DRS and any applicable domain name Registry Administrator or Registry Operator, and the directors, officers, employees and agents of each of them, for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to your domain name or the use thereof. This indemnification is in addition to any indemnification required under the Dispute Policy. Registry Administrator (or Operator) means the Top Level Domain Authority administering the domain names purchased by the Registrant. 13. Representations and WarrantiesYou represent and warrant that all information provided by you in connection with your registration is complete and accurate. DRS makes no representation or warranties of any kind in connection with this Agreement. DRS DOES NOT REPRESENT OR WARRANT THAT REGISTRATION OF YOUR DOMAIN NAME WILL IMMUNIZE YOU FROM CHALLENGES TO YOUR DOMAIN NAME. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. 14. Breach and RevocationAny breach by you of this Agreement or the Dispute Policy must be remedied by you within 14 days of notice by DRS. If you fail to cure the breach, DRS shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify your registration of the domain name. You also agree that DRS shall have the right in its sole discretion to revoke, suspend, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice, or at such time as DRS receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the revocation, suspension, transfer or modification of the domain name registration. 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, or by any other applicable ccTLD Registry administrator procedures, or to correct mistakes by DRS, another Registrar or the Registry administrator in administering the name or for the resolution of disputes concerning the domain name. 15. NoticesYou agree that any notices required under this Agreement to be given by DRS to you will be deemed to have been given if delivered in accordance with the contact information in the WHOIS database lookup for your domain name, or in your domain registration application. 16. Governing LawExcept as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration, the laws of the United States of America shall govern your rights and obligations and all actions and the Commonwealth of Pennsylvania, as if the Agreement was a contract wholly entered into and wholly performed within the Commonwealth of Pennsylvania. Except as otherwise set forth in the UDRP or any similar ccTLD policy with respect to any dispute over a domain name registration , any action to enforce this Agreement or any matter relating to your use of the DRS site shall be brought exclusively in the United States District Court for the Eastern District of Pennsylvania, or if there is no jurisdiction in such court, then in a state court in Philadelphia County, Pennsylvania. Notwithstanding the forgoing, for the adjudication of third party disputes (i.e., disputes between yourself and another party, not DRS) 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 DRS’s headquarters are located, currently Philadelphia, PA US. 17. Exclusive RemedyYOU AGREE THAT OUR ENTIRE LIABILITY, AND YOUR EXCLUSIVE REMEDY, IN LAW, IN EQUITY, OR OTHERWISE, WITH RESPECT TO ANY DRS SERVICE(S) PROVIDED UNDER THIS AGREEMENT AND/OR FOR ANY BREACH OF THIS AGREEMENT IS SOLELY LIMITED TO THE AMOUNT YOU PAID FOR SUCH SERVICE(S) DURING THE TERM OF THIS AGREEMENT. IN NO EVENT SHALL DRS, ITS LICENSORS AND CONTRACTORS (INCLUDING THIRD PARTIES PROVIDING SERVICES AS PART OF THE SUBSCRIPTION SERVICE FOR WEBSITES FROM DRS) BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL OR CONSEQUENTIAL DAMAGES EVEN IF DRS HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. TO THE EXTENT THAT A STATE DOES NOT PERMIT THE EXCLUSION OR LIMITATION OF LIABILITY AS SET FORTH HEREIN DRS'S LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW IN SUCH STATES. DRS and its licensors and contractors disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of god; (4) loss or liability resulting from the unauthorized use or misuse of your account number, password or security authentication option; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or service(s) provided under this agreement; (6) loss or liability relating to the deletion of or failure to store e-mail messages; (7) loss or liability resulting from the development or interruption of your web site or your DRS web site; (8) loss or liability from your inability to use our e-mail service, web site manager service or any component of the subscription service (for websites from DRS); (9) loss or liability that you may incur in connection with our processing of your application for our services, our processing of any authorized modification to your domain name record or your agent's failure to pay any fees, including the initial registration fee or reregistration fee; (10) loss or liability as a result of the application of our dispute policy; or (11) loss or liability relating to limitations, incompatibilities, defects, or other problems inherent in xml, xkms, or any other standard not under DRS sole control. The parties hereby waive any right to jury trial with respect to any action brought in connection with this Agreement. 18. Terminationa. You may terminate this Agreement upon at least thirty (30) days written notice to DRS for any reason. b. DRS may terminate this Agreement or any part of the DRS services at any time in the event you breach any obligation hereunder, fail to respond within fifteen (15) calendar days to an inquiry from us concerning the accuracy or completeness of the information referred to in Section 8 of this Agreement, if we determine in our sole discretion that you have violated the DRS Acceptable Use Policy, which is incorporated herein and made part of this Agreement by reference, or upon thirty (30) days prior written notice if we terminate or significantly alter a product or service offering. c. Effect of Termination. DRS will cease charging your credit card, if applicable, for any monthly service fees as of the expiration of the monthly billing cycle in which the termination is effective. Unless otherwise specified in writing by DRS, you will not receive any refund for payments already made by you as of the date of termination, and, you may incur additional fees (in the case of a monthly or annual subscription being paid over time, as provided in various Schedules below). If termination of this Agreement is due to your default hereunder, you shall bear all costs of such termination, including any reasonable costs DRS incurs in closing your account. You agree to pay any and all costs incurred by DRS in enforcing your compliance with this Section. Upon termination, you shall destroy any copy of the materials licensed to you hereunder and referenced herein. You agree that upon termination or discontinuance for any reason, we may delete all information related to you on the DRS service, if applicable. In addition to the terms set forth herein, certain DRS services may have additional terms regarding termination, which are set forth in the applicable Schedule. d. Effect of Termination of Bundled Services. In addition to the terms set forth in subsection 10(c) above, if you purchase DRS services which are sold together as part of a "bundled" package of services, any termination relating to such bundle will terminate all DRS services included in such bundle. For instance, any domain name registered with or maintained by DRS under this Agreement (but not including any domain names you may have registered, either with DRS or a third-party registrar, separately and not as part of a bundled service) will be canceled and may thereafter be available for registration by another party. Upon the effective date of termination, DRS will no longer provide the bundled services to you, any licenses granted you shall immediately terminate, and you shall cease using such services immediately; provided, however, that we may, in our sole discretion and subject to your agreeing to be bound by the applicable agreement(s) and to pay the applicable fees, allow you to convert certain services included in the bundled services to stand alone services. 19. Attorney FeesIn the event of any action, suit, or proceeding arising from or based upon this agreement brought by either party hereto against the other, the prevailing party shall be entitled to recover from the other its reasonable attorneys' fees in connection therewith in addition to the costs of such action, suit, or proceeding.
20. Account AccessTo access or use the DRS services or to modify your account, you may be required to establish an account and obtain a login name, or account number, password and/or passphrase. You authorize us to process any and all account transactions initiated through the use of your password and/or passphrase. You are solely responsible for maintaining the confidentiality of your password and passphrase. You must immediately notify us of any unauthorized use of your password or passphrase, and you are responsible for any unauthorized activities, charges and/or liabilities made through your password or passphrase. In no event will we be liable for the unauthorized use or misuse of your login name, account number, password or passphrase. 21. SecurityWe do not guarantee the security of your domain name registration records, and you assume all risks that the password and/or passphrase you select may be compromised as a result of fraudulent, unauthorized or illegal activity. 22. U.S. Government UsersIn the event any software is provided by DRS to a U.S. Government User, the software and accompanying documentation which are used as part of the DRS service are "commercial items," as such terms are defined at 48 C.F.R. 2.101 (Oct 1995), consisting of "commercial computer software" and "commercial computer software documentation," as such terms are used in 48 C.F.R. 12.212 (Sep 1995) and is provided to the U.S. Government only as a commercial end item. Consistent with 48 C.F.R. 12.212 and 48 C.F.R. 227.7202-1 through 227.7202-4 (Jun 1995), all U.S. Government entities acquiring the use of the Service and accompanying documentation shall have only those rights set forth herein. 23. Fees and PaymentInitial domain name registrations, and domain name registrations that have passed the registration agreement’s anniversary date, must be in a paid status to transfer, delete, modify, or otherwise to request DRS to affect the domain name record or to provide domain name services. Domain name registrations in an unpaid status are routinely deleted on a regular basis. 24. Transfers and Licensing of UseYou agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with us. Even if you license the use of our domain name registration services to a third party, you remain responsible for complying with all terms and conditions of this Agreement, and you accept liability for harm caused by such licensee’s wrongful use of our domain name registration services, unless you promptly disclose the identity of such license upon request by any person who provides reasonable evidence of actionable harm. 25. Disclosure of Certain InformationSubject to the requirements of our privacy statement, in order for us to comply the current rules and policies for the domain name system, you hereby grant to DRS the right to disclose to third parties through an interactive publicly accessible registration database the following mandatory information that you are required to provide when registering or reserving a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. You acknowledge and agree and consent that domain name registration requires that this contact information, in whole or in part, be shared with the registry operator, for their use, copying, distribution, publication, modification and other processing for (among other uses in accordance with their Privacy Policy) the purpose of administration of the domain name registration, which may require such information be transferred back and forth across international borders, to and from the U.S. to the EU, for example. As required by ICANN, this information must also be made publicly available by means of Whois, and that the registry operator may also be required to make this information publicly available by Whois. Both DRS and the applicable registry operator may be required to archive this information with a third-party escrow service. You hereby consent and give permission for all such requirements and disclosures. Further, you represent and warrant that, if you are providing information about a third party, you have notified the third party of the disclosure and the purpose for the disclosure and you have obtained the third party's consent to such disclosure.
DRS will not process data in a way that is incompatible with this Agreement. DRS will take reasonable precautions to protect data from loss or misuse, unauthorized access or disclosure, alteration, or destruction.
You agree that for each domain name registered by you the following information will be made publicly available in the Whois directory as determined by ICANN Policy and may be sold in bulk as required or set forth in the ICANN agreement: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration. We may also transfer or assign this information to a third party as we may decide, in our sole discretion. You agree that, to the extent permitted by ICANN, DRS may make use of the publicly available information you provided during the registration process. If you engage in the reselling of domain names you agree to provide any individuals whose personal information you've obtained, information about the possible uses of their personal information pursuant to ICANN policy. You also agree to obtain consent, and evidence of consent, from those individuals for such use of the personal information they provide. 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. In order for us to comply with any current or future rules and policies for domain name systems including any rules or policies established by any provincial or federal government or by other organization having control or authority to establish rules or policies, you hereby grant to us the right to disclose to third parties through an interactive publicly accessible registration database the following information that you are required to provide when applying for a domain name: (i) the domain name(s) registered by you; (ii) your name and postal address; (iii) the name(s), postal address(es), e-mail address(es), voice telephone number and where available the fax number(s) of the technical and administrative contacts for your domain name(s); (iv) the Internet protocol numbers of the primary nameserver and secondary nameserver(s) for such domain name(s); (v) the corresponding names of those nameservers; (vi) the original creation date of the registration; and (vii) the expiration date of the registration.
26. RevocationYou agree that we may suspend, cancel or transfer your services, including, but not limited to, domain name registration services in order to: (i) correct mistakes made by us, another registrar or the registry in registering your chosen domain name, or (ii) to resolve a dispute under our domain name dispute policy. 27. Domain ProtectionYou agree that we may, but are not obligated to, place your domain name registration in a Domain Protection status to prevent unauthorized transfers of your domain name registration, as described on our Web site. You acknowledge and agree that in order to transfer a domain name registration that is in a Domain Protection status, you may first have to access the domain modification tool on our Web site and remove the Domain Protection status from your domain. 28a. Additional Provisions for .INFOA. (.INFO) Should you seek to registrar a .INFO second level domain name, registrant must contractually agree to the following terms: 1. Registrant consents to the use, copying, distribution, publication, modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and agents in a manner consistent with the purposes specified pursuant in its contract. 2. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification. 3. Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement. 4. Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration. 5. Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute 28b. Additional Provisions for .BIZB. (.BIZ) Should you seek to register a .BIZ second level domain name, registrant must contractual agree to the following terms: 1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS: a) To exchange goods, services, or property of any kind; b) In the ordinary course of trade or business; or c) To facilitate (i) the exchange of goods, services, information, or property of any kind; or, (ii) the ordinary course of trade or business. 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. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that: (a) The registered domain name will be used primarily for bona fide business or commercial purposes and not (i) exclusively for personal use; or (ii) solely for the purposes of (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. For more information on the .biz restrictions, which are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html or http://www.neulevel.biz/ardp/index.html. (b) The domain name registrant has the authority to enter into the registration agreement; and (c) 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. ¶3.1. 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 (i) your full name, postal address, e-mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary name server and any secondary name server(s) for the domain name; (iv) the corresponding names of those name servers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the WHOIS directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the WHOIS directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement. 3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over fifteen (15) calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the WHOIS directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy. 4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement: (i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm (ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.biz/stop_overview/index.html; and (iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.biz/stop_overview/index.html . The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the Restrictions will be enforced directly by or through Registry Operator. Registry Operator will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the SUDRP or UDRP processes. 5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us. 6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. 7. RESERVATION OF RIGHTS. DRS and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of DRS and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees. DRS and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute. 28c. Additional Provisions for .USC. (.US) Should you seek to register a .US second level domain name, registrant must contractual agree to the following terms: 1. NEXUS REQUIREMENT AND CERTIFICATION. 1.1 Registrant certifies that they have a "bona fide presence in the United States" on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America. This requirement is intended to ensure that only those individuals or organizations that have a substantive lawful connection to the United States are permitted to register for usTLD domain names. Registrant certifies that it meets the following Nexus Requirements to qualify to register and to use a Registered Name in the .US ccTLD: (i) A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions, or (ii) An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or (iii) An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States. 1.2 Registrant certifies that the listed name servers for the subject .US domain are located within the United States 1.3 Registrant agrees that failure of Registrant to abide by the Nexus Requirements shall be a basis for cancellation of the registered name and no refund shall be due to the Registrant. 2. ACCURATE REGISTRATION DATA. The Registrant agrees to provide accurate and reliable contact details and promptly correct and update them during the term of the Registered Name registration, including: the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation. 2.1 A Registrant's willful or grossly negligent provision of inaccurate or unreliable information, its willful or grossly negligent failure promptly to update information provided to Registrar shall constitute a material breach of the Registrant's Registration Agreement with the registrar and be a basis for cancellation of the Registered Name registration. 2.2 Registrant agrees to be subject to enforcement of Accurate WHOIS Data by DRS and/or the Registry: 2.3 In the case that the Registrar receives and accepts a written complaint from third parties regarding false and/or inaccurate WHOIS data of Registrants, the Registrar shall conduct an initial investigation into the veracity and accuracy of the contact details. If the Registrar determines that the information is false, inaccurate or not up to date, Registrar shall issue a letter to the Registrant via e-mail, and regular first class mail, stating that the information contained in the Registrant's WHOIS record may be false, inaccurate or not up to date. The Registrant shall be required to update its contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, Registrant can either (i) show that it has not provided false or inaccurate contact information or (ii) provide the updated WHOIS information, then the registrant will be allowed to maintain its usTLD domain name registration. If, however, after thirty (30) days, the registrant either does not respond to Registrar's notice or is unable to provide true and accurate contact information, the registrant shall be deemed to have breached its registration agreement and the registrar shall be required to delete the registration. 2.4 Registrar shall not be required to refund any fees paid by the Registrant if the Registrar terminates a Registrant's registration agreement due to its enforcement of these provisions. 2.5 Any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is responsible for providing its own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm. 3. DOMAIN NAME DISPUTE RESOLUTION. During the Term of this Accreditation Agreement, the Registrant agrees to abide by the policies of DRS and the Registry for resolution of disputes concerning .US Registered Names. Until different policies and procedures are established by NeuStar under Section 4, Registrar shall comply with the United Stated Dispute Resolution Policy (usDRP) and the Nexus Dispute Policy ("NDP") identified on Registry's website. 3.1 The Registrant represents that, to the best of the Registrant's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 3.2 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant agrees to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the United States. 3.3 Registrant agrees that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any NeuStar adopted specification or policy, or pursuant to any registrar or registry procedure not inconsistent with a NeuStar adopted specification or policy, (1) to correct mistakes by Registrar or the Registry in registering the name or (2) for the resolution of disputes concerning the Registered Name. 3.4 Registrant agrees to indemnify and hold harmless the DRS, the Registry and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant's (i) domain name registration and (ii) use of any Registered Name. 28d. Additional Provisions for .CN1. Representations and Warranties. You represent and certify that, to the best of your knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws, regulations and policies of the Peoples Republic of China’s governmental agencies and the China Internet Network Information Center (“CNNIC”), including but not limited to the following rules and regulations: (i) China Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml); (ii) CNNIC Detailed Rules of Internet Domain Name Registration Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii) CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml); and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-9.shtml).
2. Provision of Registration Data. As part of the registration process, you are required to provide us with certain information and to update this information to keep it current, complete and accurate. This information includes: (i) the Registered Name; (ii) the names of the primary nameserver and secondary nameserver(s) for the Registered Name; (iii) your name, postal address, e-mail address, voice telephone number and (where available) fax number; (iv) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; (v) the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name; (vi) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the Registered Name; (vii) any remark concerning the registered domain name that should appear in the Whois directory; and (viii) any other data CNNIC, as the Registry, requires be submitted to it. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory pursuant to the CNNC Policy. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the CNNIC. 3. Business or Organization Representation: The .cn top-level domain space is intended for businesses and organizations and not for individual use. By registering a .cn domain name, you hereby represent that you have registered the domain name on behalf of a business or organization. 4. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over fifteen (15) calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to a domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. 5. Maximum Term: The maximum term for a domain name registration in the .cn TLD shall be five (5) years. Domain Name Registrations shall be available for terms of one, two, three, four and five years. 6. Prohibited Uses for .cn domain name. Registrant may not register or use a domain name that is deemed by CNNIC to:¶
7. True Registrant of Domain Name. By registering a .cn domain name, you shall be the registrant of record and responsible for providing full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You accept liability for harm caused by wrongful use of the domain name. 8. Domain Name Dispute Policy. If you have registered a second or third-level .cn domain name through us, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for CNNIC Domain Name Dispute Resolution Policy (“Dispute Policy”), http://www.cnnic.net.cn/ruler/20.shtml, which is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of the CNNIC, as they may be amended from time to time, and which are hereby incorporated and made an integral part of this Agreement. 9. Domain Name Dispute Policy Modifications. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us. 10. 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 Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us, CNNIC and NeuStar, Inc.(“Registry Gateway Provider”), harmless pursuant to the terms and conditions set forth in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us. 11. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and 3) the People’s Republic of China. 12. Governing Law. For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the Peoples Republic of China. 13. Suspension, Cancellation or Transfer. You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the name or (2) for the resolution of disputes concerning the domain name. 14. Indemnification. The Registrant shall indemnify and hold harmless DRS, Registry Gateway Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to the Registrant’s (i) domain name registration and (ii) use of any of a domain name. 15. Reservation by CNNIC and Registry Gateway Provider. DRS, the Registry Gateway Provider and CNNIC reserve the right to deny, cancel or transfer any registration that they deem necessary, in their discretion, (1) to protect the integrity and stability of the registry, (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability, civil or criminal, on the part of CNNIC, the Registry Gateway Provider or DRS, as well as their affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry Gateway Provider, CNNIC or any registrar in connection with a domain name registration. CNNIC, Registry Gateway Provider and DRS also reserve the right to freeze a domain name during resolution of a dispute.
28e. Additional Provisions for .EUBy registering and using a .eu domain, you (the registrant) contractual agree to all .eu policies, terms, conditions, and provisions which can be found at http://www.eurid.eu. They include but are not limited to the following policies and rules, which are incorporated herein by reference: .eu Registration Policyhttp://www.eurid.eu/en/documents/file_folder.2005-10-28.9651463556/registration_policy_en.pdf .eu Terms and Conditionshttp://www.eurid.eu/en/documents/file_folder.2005-10-25.5121442941/terms_and_conditions_en.pdf .eu Dispute Resolution RulesThe .eu Dispute Resolution Rules lay down the principles for the resolution of disputes against a domain name holder as set out under Paragraph 22(1)(a) of Commission Regulation (EC) No 874/2004 : http://www.arbcourt.cz/adreu/ADR_rules.pdf http://www.arbcourt.cz/adreu/ADR_Supplemental_Rules.pdf The language for interpretation of this agreement is herein specified as ENGLISH. .eu WHOIS Policyhttp://www.eurid.eu/en/documents/whois_policy_v1_0.pdf EU Regulations for .euhttp://europa.eu.int/eur-lex/pri/en/oj/dat/2002/l_113/l_11320020430en00010005.pdf A summary of Public Policy Rules (PPR) for .eu can be read at http://www.eurid.eu/en/euDomainNames/summaryPPR.html .eu Sunrise Ruleshttp://www.eurid.eu/en/documents/sunrise_rules_v1_0.pdf 28f. Additional Provisions for .MOBIBy registering and using a .mobi domain, you (the registrant) contractual agree to all .mobi policies, terms, conditions, and provisions which can be found at http://www.mtld.mobi and the following:
Registered Name Holder shall:
28g. Additional Provisions for .TELBy registering and using a .tel domain, you (the registrant) contractual agree to all .tel policies, terms, conditions, and provisions:
Registered Name Holder shall:
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29. (intentionally blank)30. (intentionally blank)31. Additional Provisions for Web ForwardingWeb Forwarding provides you with the capability to forward visitors to a domain name residing on DRS's servers to a Web site designated by you (a "target URL "). You acknowledge and agree that your use of Web Forwarding is subject to the terms of this Agreement. You further acknowledge and agree that you may use Web Forwarding to link your domain name to a forward to address, but you may not use Web Forwarding for unlawful purposes, in violation of any applicable laws or regulations, in violation of DRS's rules or policies, or for the forwarding of a domain name not registered in your name, or the forwarding to an invalid forward to address. You agree and acknowledge that DRS may place advertising banners into any Web site(s) using the free Web Forwarding service. In order to use this service, DRS must host your domain name record on our DNS servers and have registrar sponsorship of your domain. If you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use this service. DRS will not refund fees, if any, you have paid for these service, including domain registration fees if any, if you elect to transfer your domain name record to a third party. Although we strive to maintain 24x7 availability, this service is subject to scheduled service outage (from 12:00 am Eastern United States time to 3:00 am ET every Saturday) and unscheduled outages which will impact your ability to use this service.
32. Additional Provisions for Web Templates and Web/Email Hosting and Free Parking ServicesThe Web Templates allows you to quickly build a one page web site using your text and pre-designed layouts and graphics. You agree and acknowledge that your use of the dotEarth Web/Templates/Email hosting service (“Hosting Services”) is entirely at your own risk, and that DRS makes no implied or express warranties about the reliability of the Web/Templates/Email hosting services or Web sites created using the Web/Templates/Email hosting services. You further agree and acknowledge that DRS is not responsible for any damage caused by loss of access to, or deletion or alteration of User Web Site or email. You agree and acknowledge that you are fully responsible for your actions and your User Web Site, including, but not limited to any content, including but not limited to, opinions or views expressed in those Web sites. You agree to be responsible for performing your own backups of data and setup configuration. You further agree and acknowledge that DRS may remove or delete any User Web Site or any portion thereof that DRS deems unacceptable for any reason, and may suspend or cancel without prior notice your access to and use of the Hosting Services for any violation of the terms and conditions in this Agreement, in DRS's sole discretion, and without prior notice to you. You agree and acknowledge that DRS may utilize firewall and anti-spam systems which may affect your use of the Hosting Services. You agree and acknowledge that DRS may place advertising banners into any Web site(s) created with free Web/Templates/Email hosting services. You agree to abide by all applicable local, state, national and international laws and regulations, including laws protecting Intellectual Property in all forms (e.g., copyrights, trademarks and patents), in connection with your use of the Hosting Services. In order to use this service, DRS must host your domain name record on our DNS servers and have registrar sponsorship of your domain. If you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use this service. DRS will not refund fees, if any, you have paid for these service, including domain registration fees if any, if you elect to transfer your domain name record to a third party. Although we strive to maintain 24x7 availability, this service is subject to scheduled service outage (from 12:00 am Eastern United States time to 3:00 am ET every Saturday) and unscheduled outages which will impact your ability to use this service. You agree that the following is a non-exclusive list of prohibited activities:
The Free Parking service provides visitors with a professionally prepared temporary welcome page for your domain. You may use it while your main web site is under construction, or other circumstances that you choose. By using the Free Parking or Web Templates services, that we may direct your domain name to a web site designated by us, which may include, without limitation, an "under construction" or other temporary page that may include promotions and advertisements for our Registrar and/or third party product and service offerings, and you agree that we may include our promotional information with the domain’s WHOIS record.
33. Additional Provisions for Email and Email Forwarding ServiceDRS’s Email Forwarding Services provides you with the ability to receive electronic mail that is addressed to your domain name, and such email is automatically forwarded to the different email address of your choice. DRS's Email service provides you with the capability to receive electronic mail via the Internet. It provides optional SMTPS service to allow you to send email. DRS has set no fixed upper limit on the number of messages you may send or receive through its electronic mail service; however, there is a limit on the storage space associated with your electronic mail account. Notwithstanding the foregoing, DRS retains the right, at DRS' sole discretion, to restrict the volume of messages transmitted or received by you in order to maintain the quality of our electronic mail services to* other customers and to protect our computer systems. You agree and acknowledge that DRS may utilize firewall and anti-spam technology which may prevent receipt of legitimate email from some known spamming sites, or inadvertently block or return-to-sender some legitimate incoming email. You agree that DRS shall under no circumstances be held liable on account of any action it takes, in good faith, to protect its systems and users from spam and abuse by restricting access or transmission by these or other means. You agree to be bound by the applicable provisions of the DRS's Acceptable Use Policy, incorporated herein and made part of this Agreement by reference, in connection with your use of the electronic mail services or Web/Templates/Email services described in this Agreement. DRS's subcontractors for the e-mail services, or their successors ("Contractor"), are intended third party beneficiaries of the electronic mail service customer's obligations under this Agreement and thus shall be entitled to enforce those obligations against you as if a party to this Agreement. DRS or Contractor may terminate your electronic mail service if your conduct is found to be unlawful, inconsistent with, or in violation of, this Agreement or the Acceptable Use Policy By agreeing to the terms of this Agreement you acknowledge and agree that you are bound to the Acceptable Use Policy, as may be modified and updated from time to time by Contractor or DRS. You acknowledge that your use of DRS's electronic mail services, including the initiation or delivery of any unsolicited electronic mail messages, may use or cause to be used Contractor's equipment in the State of California and that violations of these rules and policies, may subject you, as applicable, to criminal or civil liability, including without limitation under California Business & Professions Code Section 17538.45. In order to use this service, DRS must host your domain name record on our DNS servers and have registrar sponsorship of your domain. If you transfer your domain name record to a third party in conjunction with a live Web site or for any other reason or allow your domain name registration to expire, you will no longer be able to use this service. DRS will not refund fees, if any, you have paid for these service, including domain registration fees if any, if you elect to transfer your domain name record to a third party. Your right to use DRS's electronic mail service is personal to you. You agree not to resell the electronic mail service, without the prior express written consent of DRS. DRS will not monitor, edit or disclose the contents of your private communications with third parties unless required to do so by law or in the good faith belief that such action is necessary to: (1) conform to the law or comply with legal process served on DRS; (2) protect and defend the rights or property of DRS; or (3) act under urgent circumstances to protect the personal safety of our customers or the public. You acknowledge and agree that DRS neither endorses the contents of any of your communications nor assumes responsibility for such content, including but not limited to any threatening, libelous, obscene, harassing or offensive material contained therein, any infringement of third party intellectual property rights arising from there or any crime facilitated thereby. You acknowledge and agree that certain technical processing of email messages and their content may be required to: (1) send and receive messages; (2) conform to connecting networks' technical requirements; (3) conform to the limitations of electronic mail service; or (4) conform to other similar requirements. You agree that DRS shall under no circumstances be held liable on account of any action it takes, in good faith, to restrict transmission of material that it or any user of electronic mail service considers to be obscene, lewd, lascivious, filthy, excessively violent, harassing, or otherwise objectionable, whether or not such material is constitutionally protected. DRS's electronic mail service is subject to scheduled service outage (from 12:00 am Eastern United States time to 3:00 am Eastern United States time every Saturday) and unscheduled outages which will impact your ability to use the electronic mail service. 34. Grace Period; Renewals, WHOIS, and Transfer of Expired Domain Names on Your BehalfYou agree that we may allow you to renew your domain name after its expiration date, but that once the expiration date has passed we are under no obligation to do so. You agree that after the expiration date of your domain name registration and before it is deleted or renewed, we may direct your domain name to a web site designated by us, which may include, without limitation, an "under construction" or other temporary page that may include promotions and advertisements for Registrar and/or third party product and service offerings, and you agree that we may place our contact information in the expired domain’s WHOIS record. Should you fail to renew your domain name prior to its expiration date, you agree that we may, in our sole discretion, delete the domain name registration, or on your behalf renew and transfer the domain name to a third party buyer identified by us (such a transaction is hereinafter referred to as a “Post Term Renewal and Transfer”). If we are able to identify such a third party (the “Transferee”) and perform such a transfer, we will advise you via email upon the completion of the transaction. In addition, you will be eligible to receive a percentage of the Net Proceeds received by us as a result of a Post Term Transfer. We cannot guarantee that a Post Term Transfer will occur with respect to your previously registered domain name. You agree that a Post Term Transfer may be performed for a single Transferee, or if multiple interested parties have been identified, after the completion of a closed auction among those parties. For this purpose, “Net Proceeds” is defined as the total amount paid to us by our third party vendor resulting from a Post Term Transfer, less registry fees, credit card processing fees, charge-backs, and any other costs or fees associated with performing the Post Term Transfer. You agree that we shall have no obligation to pay you any percentage of the Net Proceeds unless, within 30 calendar days after you are notified of the Post Term Transfer, you provide us with the name, address and any related information requested by us, including a W-9 form if applicable, in relation to the Post Term Transfer. 35. Registration Term for Names ordered through a Backorder ServiceIf you are registering a domain name through a backorder service and that domain name was registered with us at the time your order was fulfilled, you acknowledge and agree that since the registration is the result of a Post Term Transfer, the domain registration will necessarily be for a period of one year from the original expiration date for the domain. If you are registering a domain name through a backorder service and the domain name was not registered with us at the time your order was fulfilled but was deleted by the applicable domain registry and then registered by us on your behalf, you agree that your registration will be for a period of one year from the date the name was registered by us. 36. Entire AgreementThis Agreement, the DRS web site or applicable form and the Dispute Policy, together with all amendments or modifications to any of them, constitute the complete and exclusive agreement between you and DRS, and supersede and govern all prior proposals, agreements, or other communications. Nothing contained in this Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of DRS 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 DRS 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. DRS will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of DRS as reflected in the original provision. No provision of this Agreement may be amended or modified by you except by means of a written document signed by DRS.
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