REGISTRATION AGREEMENT
1. General
This 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 cancelled and you will no longer have use of that name. You agree that DRS will not be responsible for cancelled 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 thirty (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. Fees
As 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, CANCELLED 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
cancelled. 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$140. 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 cancelled. 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 Ownership
The 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 DRS
DRS 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 Policy
You 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 Policy
You 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 cancelled or transferred to a different domain name Registrar.
You agree that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this Agreement or the
Dispute Policy. 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.
7. Ownership of Data
You 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. Use of Your Information
As part of the registration process, you are
required to provide certain information and to update this information to keep
it current, complete and accurate. 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 further agree that your 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. 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 Licenses
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. 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 Policies
DRS 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 Liability
YOU 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. Indemnity
You 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 Warranties
You 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 Revocation
Any 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. Notices
You 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 Law
Except 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 Remedy
YOU 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. Termination
a. 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 ten (10) 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 cancelled 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 Fees
In 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 Access
To 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. Security
We 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 Users
In 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 Payment
Initial 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 Use
You agree that you may not transfer your domain name
registration to another domain name registrar during the first sixty (60) days
from the effective date of your initial domain name registration with 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 Information
Subject 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 also grant to DRS the right to make
this information available in bulk form to third parties who agree not to use
it to (a) allow, enable or otherwise support the transmission of mass
unsolicited, commercial advertising or solicitations via telephone, facsimile,
or e-mail (spam) or (b) enable high volume, automated, electronic processes
that apply to our systems to register domain names.
26. Revocation
You 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 Protection
You 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 .INFO
A. (.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 .BIZ
B. (.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 five calendar days to our inquiries addressed to the e-mail address of the
administrative, billing or technical contact then appearing in the WHOIS
directory with respect to an domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of any domain
name(s) registered by or through you or your account, shall constitute a breach
of this Agreement. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement or any
ICANN/Registry Policy.
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 .US
C. (.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 .CN
1. 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 five calendar days to our inquiries
addressed to the e-mail address of the administrative, billing or technical
contact then appearing in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with any registration(s)
or the registration of any domain name(s) registered by or through you or your
account, shall constitute a breach of this Agreement.
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:¶
(i) Be against the basic
principles prescribed in the Constitution of the Peoples Republic of China (“PRC”);
(ii) Jeopardize national security,
leak state secrets, intend to overturn the government, or disrupt of state
integrity of the PRC;
(iii) Harm national honor and
national interests of the PRC;
(iv) Instigate hostility or
discrimination between different nationalities, or disrupt the national
solidarity of the PRC;
(v) Violate the PRC’s religion
policies or propagate cult and feudal superstition;
(vi) Spread rumors, disturb public
order or disrupt social stability of the PRC;
(vii) Spread pornography,
obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
(viii) Insult, libel against others
and infringe other people's legal rights and interests in the PRC; or
(ix) Take any other action
prohibited in laws, rules and administrative regulations of the PRC.
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 .EU
By
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 Policy
http://www.eurid.eu/en/documents/file_folder.2005-10-28.9651463556/registration_policy_en.pdf
.eu
Terms and Conditions
http://www.eurid.eu/en/documents/file_folder.2005-10-25.5121442941/terms_and_conditions_en.pdf
.eu
Dispute Resolution Rules
The
.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.
http://www.eurid.eu/en/documents/whois_policy_v1_0.pdf
EU
Regulations for .eu
http://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
Rules
http://www.eurid.eu/en/documents/sunrise_rules_v1_0.pdf
28f. Additional Provisions for .MOBI
By
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:
·
Indemnify to the
maximum extent permitted by law, defend and hold harmless Registry Operator,
and its directors, officers, employees and agents from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or relating to the Registered Name Holder’s
domain name registration and or use, and this indemnification obligation
survive the termination or expiration of the registration agreement; (28f-3.7)
·
Indemnify, defend
and hold harmless Registry Services Provider, its subsidiaries and affiliates,
and the directors, officers, employees and agents or each of them, from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to the
Registered Name Holder’s domain name registration and or use, and
indemnification obligation survive the termination or expiration of the
registration agreement; (28f-3.7.1)
·
Acknowledge and
agree that notwithstanding anything in this Agreement to the contrary, mTLD Top
Level Domain Ltd. (“dotmobi”), the Registry Operator of the .mobi TLD, is and
shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of dotmobi have
vested and that dotmobi has relied on its third party beneficiary rights under
this Agreement in agreeing to DRS being a registrar for the .mobi top-level
domain. Additionally, the third party
beneficiary rights of dotmobi shall survive any termination or expiration of
this Agreement. (28f-3.8.3)
·
Comply with ICANN
requirements, standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN; (28f-3.8.1)
·
Comply with
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator in a non-arbitrary manner as
Registry Policies, applicable to all registrars and/or Registered Name Holders,
and consistent with the Registry Agreement shall be effective upon thirty days
notice by Registry Operator to Registrar; (28f-3.8.2)
·
Consent to the
use, copying, distribution, publication, modification and other processing of
Registered Name Holder's Personal Data by Registry Operator and its designees
and agents in a manner consistent with the purposes specified pursuant to
Subsection 2.6 and with relevant mandatory local data protection, laws and
privacy; (28f-3.8.4)
·
Submit to
proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP"); (28f-3.8.5)
·
Immediately
correct and update the registration information for the registered Name during
the registration term for the Registered Name; (28f-3.8.6)
·
Acknowledge and
agree to be bound by the terms and conditions of the initial launch and general
operations of the Registry TLD, including without limitation the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute
Resolution Policy, the Premium Name Allocation Process, and the General
Registration Period , and further to acknowledge that Registry Operator and the
Registry Service Provider has no liability of any kind for any loss or
liability resulting from the proceedings and processes relating to the Limited
Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute
Resolution Policy, the Premium Name Allocation Process, and the General
Registration 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 made during the limited industry launch or over a
Sunrise Registration. (28f-3.8.7)
·
Acknowledge and agree that the Registry and Registry
Services Provider, acting in consent with the Registry, reserves the right to
deny, cancel or transfer any registration that it deems necessary, in its
discretion (i) to protect the integrity and stability of the registry; (ii) to
comply with all applicable laws, government rules or requirements, requests of
law enforcement, in compliance with any dispute resolution process; (iii) to
avoid any liability, civil or criminal, on the part of the Registry as well as
its affiliates, subsidiaries, officers, directors, representatives, employees,
and stockholders; (iv) for violations of the terms and conditions herein; or
(v) to correct mistakes made by the Registry or any registrar in connection
with a domain name registration, and the Registry also reserves the right to
freeze a Registered Name during resolution of a dispute. (28f-3.8.8.)
·
Acknowledge and
agree that they must comply with the requirements, standards, policies,
procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring
of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style
Guide. Furthermore, Registrant acknowledges and agrees that
this Style Guide is subject to modification by the Registry with any
such changes appearing at the previously designated URL, and that Registrant
must promptly comply with any such changes in the time allotted. (28f-3.8.9)
·
Acknowledge and
agree that Proxy or Proxy Registrations will not be allowed during the Sunrise
Period, the Limited Industry Launch and the Premium Name Allocation and Auction
Period, and in such an instance will constitute a material breach to this
contract. (28f-3.9.1)
28g. Additional Provisions for .TEL
By
registering and using a .tel domain, you (the registrant) contractual agree to all .tel policies, terms, conditions, and
provisions:
Registered
Name Holder shall:
·
Indemnify to the
maximum extent permitted by law, defend and hold harmless Registrar, Registry
Operator, and its directors, officers, employees and agents from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to the
Registered Name Holder’s domain name registration and or use, and this
indemnification obligation survive the termination or expiration of the
registration agreement;
·
Comply with
operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry Operator in a non-arbitrary manner as
Registry Policies, applicable to all registrars and/or Registered Name Holders,
and consistent with the Registry Agreement shall be effective upon thirty days
notice by Registry Operator to Registrar;
·
Use of Personal
Data. Domain Name Holder consents to the use, copying, distribution,
publication, modification and other processing of Domain Name Holder's Personal
Data by Registrar, Registry, its service providers, subcontractors and agents
in a manner consistent with Registry's posted privacy policy, Registry's WHOIS
policy and all other purposes of collection notified to Registrar by Registry.
·
Submit to
proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution
Policy ("UDRP");
·
Immediately
correct and update the registration information for the registered Name during
the registration term for the Registered Name;
·
Acknowledge and agree that the Registry and Registry
Services Provider, acting in consent with the Registry, reserves the right to
deny, cancel or transfer any registration that it deems necessary, in its
discretion (i) to protect the integrity and stability of the registry; (ii) to
comply with all applicable laws, government rules or requirements, requests of
law enforcement, in compliance with any dispute resolution process; (iii) to
avoid any liability, civil or criminal, on the part of the Registry as well as
its affiliates, subsidiaries, officers, directors, representatives, employees,
and stockholders; (iv) for violations of the terms and conditions herein; or
(v) to correct mistakes made by the Registry or any registrar in connection
with a domain name registration, and the Registry also reserves the right to
freeze a Registered Name during resolution of a dispute.
·
Acknowledge and
agree that Proxy or Proxy Registrations will not be allowed during the Sunrise
Period, the Limited Industry Launch and the Premium Name Allocation and Auction
Period, and in such an instance will constitute a material breach to this
contract. (28f-3.9.1)
·
Launch and Sunrise Programs. Domain Name Holder will agree to be bound by
the policies relating to the initial launch of the Registry TLD, such as the
Sunrise Policy and any applicable Landrush requirements, and will acknowledge
that Registry has no liability of any kind for any loss or liability resulting
from any such policies or requirements, including, without limitation: (a) the
ability or inability of a registrant to obtain a Domain Name during these
periods, and (b) the results of any dispute over a Sunrise registration.
·
Compliance with
TLD Requirements. Domain Name Holder's use of the Domain Name shall comply with
all applicable TLD Requirements, including, but not limited to, the Acceptable
Use Policy and the Sunrise Policy.
·
Right to Deny,
Cancel or Transfer a Registration. Domain Name Holder acknowledges and agrees
that Registry and Registrar reserves the right to deny, cancel or transfer any
registration or transaction, or place any Domain Name(s) on registry lock, hold
or similar status, that it deems necessary, in its discretion: (a) to protect
the integrity and stability of the registry; (b) to comply with any applicable
laws, government rules or requirements, requests of law enforcement, or any
dispute resolution process; (c) to avoid any liability, civil or criminal, on
the part of Registry, as well as its affiliates, subsidiaries, officers,
directors, and employees; (d) per the terms of the registration agreement; (e)
to correct mistakes made by Registry or any Registrar in connection with a
Domain Name registration; (f) to enforce the TLD Requirements; and (g) to
prevent use of the Domain Name in a manner contrary to the intended purpose of
the Registry TLD. Registry also reserves the right to lock, hold or place a
similar status a Domain Name during resolution of a dispute. Registry shall
have no liability to of any kind to Domain Name Holder, its customers,
affiliates, service providers or any other party as a result of such denial,
cancellation or transfer.
·
Representations
and Warranties. By submitting a request for a Domain Name, Domain Name Holder
represents and warrants that: (i) to its knowledge, the registration of the
requested Domain Name does not and will not infringe upon or otherwise violate
the rights of any third party; (ii) it is not submitting the request for a
domain name for an unlawful purposes, and it will not use the Domain Name for
an unlawful purpose; (iii) it will not knowingly use the Domain Name in
violation of any applicable laws or regulations or of the rights of any third parties;
and (iv) that it will use the Domain Name in accordance with the TLD
Requirements.
·
Communications
with Domain Name Holder. Registry may communicate directly with the Domain Name
Holder in connection with issues relating to a Domain Name and the Domain Name
Holder's membership of the .tel community.
·
Jurisdiction and
Applicable Law. Any dispute, controversy or claim between the Domain Name
Holder and Registry relating to a Domain Name or a request for a Domain Name
shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.
29. (intentionally blank)
30. (intentionally blank)
31. Additional Provisions for Web Forwarding
Web 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 Services
The 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:
a.
the sending of the same or largely similar unsolicited electronic mail
message (spam), whether commercial or not, to a large number of recipients.
This prohibition extends to the sending of unsolicited mass mailings from
another service that in any way implicates the use of DRS's service, DRS's
equipment or any DRS electronic mail address;
b.
the uploading, posting or other transmittal of any unsolicited or
unauthorized advertising, promotional materials, "junk mail,"
"spam," "chain letters," "pyramid schemes," or
any other form of solicitation;
c.
the impersonation of any person or entity, including, but not limited
to, a DRS official, forum leader, guide or host, or falsely state or otherwise
misrepresent your affiliation with a person or entity or email address;
d.
the forgery of any headers or other manipulation of identifiers in
order to disguise the origin of any email transmitted through our service or
the development of restricted or password-only access pages, or hidden pages or
images (those not linked to from another accessible page);
e.
attempting to access the accounts of others, or attempting to penetrate
security measures of DRS or other entities' systems ("hacking"),
whether or not the intrusion results in corruption or loss of data;
f.
installation of 'auto-responders', 'cancel-bots' or similar automated
or manual routines that generate excessive amounts of net traffic, or disrupt
net newsgroups or email use by others;
g.
the uploading, posting or other transmittal of any content that you do
not have a right to transmit under any law or under contractual or fiduciary
relationships (such as inside information, proprietary and confidential
information learned or disclosed as part of employment relationships or under
nondisclosure agreements);
h.
the uploading, posting or other transmittal of any content that
infringes any patent, trademark, trade secret, copyright or other proprietary
rights of any party;
i.
the uploading, posting or other transmittal of any content that
contains software viruses or any other computer code, files or programs
designed to interrupt, destroy or limit the functionality of any computer
software or hardware or telecommunications equipment;
j.
posting any MP3 format files;
k.
intentionally or unintentionally violating any applicable local, state,
national or international law, including, but not limited to, regulations
promulgated by the U.S. Securities and Exchange Commission, any rules of any
national or other securities exchange, including, without limitation, the New
York Stock Exchange, the American Stock Exchange or the NASDAQ, and any
regulations having the force of law;
l.
"stalking" or otherwise harassing another;
m. the uploading, posting or
otherwise transmitting of any User content on Web Sites that is unlawful,
harmful, threatening, abusive, harassing, defamatory, vulgar, obscene,
libelous, invasive of another's privacy, hateful, or racially, ethnically or
otherwise objectionable;
n.
collecting or storing personal data about other users;
o.
promoting or providing instructional information about illegal
activities, promoting physical harm or injury against any group or individual,
or promoting any act of cruelty to animals. This may include, but is not
limited to, providing instructions on how to assemble bombs, grenades and other
weapons, and creating "crush" or “secret admirer” sites;
p.
engaging in commercial activities without enrolling in DRS-approved
affiliate programs. This includes, but is not limited to: offering for sale any
products or services; soliciting for advertisers or sponsors; conducting
raffles or contests that require any type of entry fee; displaying a
sponsorship banner of any kind, including those that are generated by banner or
link exchange services; and displaying banners for services that provide cash
or cash-equivalent prizes to users in exchange for hyperlinks to their Web
sites.
q.
removing, modifying or hiding any of the advertising banners inserted by
DRS into your User Web Site;
r.
the placement of advertising banners into your User Web Site apart from
your logo, if any;
s.
exporting software or technical information in violation of U.S. export control laws;
t.
any resale or any exploitation for any commercial purposes of DRS
services, including but not limited to, this service, by any and all means
unless approved in advance in writing by DRS.
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 Service
DRS’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 Behalf
You 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 Service
If 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 Agreement
This 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.
(drsagree211b)
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