Last Updated:
May 27, 2018
WEBHERO (a service of
Catalog.com, Inc.) DOMAIN REGISTRATION AGREEMENT
This
Domain Registrant Agreement (hereinafter referred to as the
"Agreement") between you ("you", "your" or
"Registrant") and the Registrar of the Domain Name, or .NAME
Defensive Registration, or .NAME Mail Forward (the "Order") that you
have registered/reserved through or transferred to Registrar, sets forth the
terms and conditions of Registrar's domain name registration service and other
associated services as described herein.
If
you are entering into this agreement on behalf of a company or other legal
entity, you represent that you have the authority to bind such entity to these
terms and conditions, in which case the terms "you", "your"
and "Registrant" shall refer to such entity.
This
Agreement explains our obligations to you, and your obligations to us in
relation to each Domain Name, or .NAME Defensive Registration, or .NAME Mail
Forward that you have registered/reserved through or transferred to Registrar
("Order"), directly or indirectly, whether or not you have been
notified about Registrar.
This
Agreement will become effective when the term of your Order begins with
Registrar and will remain in force until the Order remains as an active Order
with Registrar. Registrar may elect to accept or reject the Order application
for any reason at its sole discretion, such rejection including, but not
limited to, rejection due to a request for a prohibited Order.
WHEREAS,
Registrar is authorized to provide Internet registration and management
services for domain names, for the list of TLDs mentioned within APPENDIX 'U';
AND
WHEREAS, the Registrant is the Owner of a registration of a domain name
("the SLD") in any of the TLDs mentioned within APPENDIX 'U',
directly or indirectly;
NOW,
THEREFORE, for and in consideration of the mutual promises, benefits and
covenants contained herein and for other good and valuable consideration, the
receipt, adequacy and sufficiency of which are hereby acknowledged, Registrar
and the Registrant, intending to be legally bound, hereby agree as follows:
1. DEFINITIONS
(1)
"Business Day" refers to a working day between Mondays to Friday
excluding all Public Holidays.
(2)
"Communications" refers to date, time, content, including content in
any link, of all oral / transmitted / written communications / correspondence
between Registrar, and the Registrant, and any Artificial Juridical Person,
Company, Concern, Corporation, Enterprise, Firm, Individual, Institute, Institution,
Organization, Person, Society, Trust or any other Legal Entity acting on their
behalf.
(3)
"Customer" refers to the customer of the Order as recorded in the WebHero
Registration Database.
(4)
"WebHero Registration" refers to the set of Servers, Software,
Interfaces, Registrar Products and API that is provided for use directly or
indirectly under this Agreement by Registrar and/or its Service Providers.
(5)
"WebHero Registration Database" is the collection of data elements
stored on the WebHero Registration Servers.
(6)
"WebHero Registration Servers" refer to Machines / Servers that
Registrar or its Service Providers maintain to fulfill services and operations
of the WebHero Registration.
(7)
"WebHero Registration User" refers to the Customer and any Agent,
Employee, Contractee of the Customer or any other
Legal Entity, that has been provided access to the
"WebHero Registration" by the Customer, directly or indirectly.
(8)
"Registrar" refers to the Registrar of record as shown in a Whois Lookup for the corresponding Order at the
corresponding Registry Operator.
(9)
"Registrar Products" refer to all Products and Services of Registrar
which it has provided/rendered/sold, or is providing/rendering/selling.
(10)
"Registrar Servers" refer to web servers, Mailing List Servers,
Database Servers, WebHero Registration Servers, Whois
Servers and any other Machines / Servers that Registrar or its Service
Providers Operate, for the WebHero Registration, the Registrar Website, the
Registrar Mailing Lists, Registrar Products and any other operations required
to fulfill services and operations of Registrar.
(11)
"Registrar Website" refers to the website of the Registrar.
(12)
"Registry Operator" refers individually and collectively to any
Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm,
Individual, Institute, Institution, Organization, Person, Society, Trust or any
other Legal Entity that is involved in the management of any portion of the
registry of the TLD, including but not limited to policy formation, technical
management, business relationships, directly or indirectly as an appointed
contractor.
(13)
"Resellers" - The Registrant may purchase the Order through a
reseller, who in turn may purchase the same through a reseller and so on
(collectively known as the "Resellers").
(14)
"Service Providers" refers individually and collectively to any
Artificial Juridical Persons, Company, Concern, Corporation, Enterprise, Firm,
Individual, Institute, Institution, Organization, Person, Society, Trust or any
other Legal Entity that the Customer and/or Registrar and/or Service Providers
(recursively) may, directly or indirectly, Engage / Employ / Outsource /
Contract for the fulfillment / provision / purchase of Registrar Products, WebHero
Registration, and any other services and operations of Registrar.
(15)
"Whois" refers to the public service
provided by Registrar and Registry Operator whereby anyone may obtain certain
information associated with the Order through a "Whois
Lookup".
(16)
"Whois Record" refers to the collection of
all data elements of the Order, specifically its Registrant Contact
Information, Administrative Contact Information, Technical Contact Information,
Billing Contact Information, Nameservers if any, its
Creation and Expiry dates, its Registrar and its current Status in the
Registry.
(17)
"Prohibited Persons (Countries, Entities, and Individuals)" refers to
certain sanctioned countries (each a "Sanctioned Country") and
certain individuals, organizations or entities, including without limitation,
certain "Specially Designated Nationals" ("SDN") as listed
by the government of the United States of America through the Office of Foreign
Assets Control ("OFAC"), with whom all or certain commercial
activities are prohibited. If you are located in a Sanctioned Country or your
details match with an SDN entry, you are prohibited from registering or signing
up with, subscribing to, or using any service of Parent.
(18)
"Personally Identifiable Information” is information that can be used to
distinguish or trace an individual’s identity and is not otherwise publicly
available. Such information may include;
(1) an individual
name along with his/her photograph;
(2) an individual's name along with his/her
telephone number, home address, and/or email address; or
(3) an individual's
name with his/her social security number, date of birth, place of birth, or
biometric records.
(19)
“Public Figure” is a person who has achieved fame or notoriety or who has
voluntarily become involved in a public controversy (e.g., individuals running
for or holding political office, celebrities, etc., including people like
Barack Obama, Queen Elizabeth II of England, Kim Kardashian, Taylor Swift,
Donald Trump, Oprah).
2. OBLIGATIONS OF THE
REGISTRANT
(1)
The Registrant agrees to provide and maintain current, complete and accurate
information of the Whois Record and all the data
elements about the Order in the WebHero Registration Database and update them
within seven (7) days of any change during the term of the Order, including:
the full name, postal address, e-mail address, voice telephone number, and fax
number if available of the Registered Name Holder; name of authorized person
for contact purposes in the case of an Registered Name Holder that is an
organization, association, or corporation. Registrant agrees that provision of
inaccurate or unreliable information, and/or Registrant's failure to promptly
update information provided to Registrar within seven (7) days of any change,
or its failure to respond for over fifteen (15) days to inquiries by Registrar
to the email address of the Registrant or any other contact listed for the
Order in the WebHero Registration database concerning the accuracy of contact
information associated with the Order shall be constituted as a breach of this
Agreement and a basis for freezing, suspending, or deleting that Order.
(2)
The Registrant agrees to the automatic email id verification process setup by
the Registrar as mandated by ICANN WHOIS ACCURACY PROGRAM
(http://www.icann.org/en/resources/registrars/raa/approved-with-specs-27jun13-en.htm#whois-accuracy).
Registrants have to verify their email id within fifteen (15) days of receiving
notification by the Registrar / Registration Service Provider to the email
address of the Registrant by clicking on the verification link. This
verification process will be applicable to all new registrants post
registration or transfer of a domain name and/or after modifying the email id
of an existing registrant contact from WebHero Registration. Failure to
complete the verification for over fifteen (15) days shall result in immediate
suspension of
(1) respective
domain name and its associated services;
(2) contact Id
associated with the Registrants email id.
(3)
The Registrant acknowledges that in the event of any dispute and/or discrepancy
concerning the data elements of the Order in the WebHero Registration Database,
the data element in the WebHero Registration Database records shall prevail.
(4)
The Registrant acknowledges that the authentication information for complete
control and management of the Order will be accessible to the Registry
Operator, Service Providers, Resellers and the Customer. Any modification to
the Order by the Resellers, Customer or Service Providers will be treated as if
it is authorized by the Registrant directly. Registrar is not responsible for
any modification to the Order by the Customer, Resellers, Registry Operator, or
Service Providers.
(5)
The Registrant acknowledges that all communication about the Order will be only
done with the Customer or the Resellers of the Order. Registrar is not required
to, and may not directly communicate with the Registrant during the entire term
of the Order.
(6)
Any Registrant that intends to license use of a domain name to a third party or
a privacy/proxy service, is nonetheless the Registered Name holder of record
and is responsible for
(1) providing its
own complete contact information and for;
(2) providing and
updating accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection with the
registered domain name.
The Registrant licensing use of the
registered domain name according to this provision shall accept liability for
harm caused by wrongful use of the registered domain name, unless it discloses
the current contact information provided by the licensee and the identity of
the licensee within seven (7) days to a party providing the registrant
reasonable evidence of actionable harm.
(7)
Any Registrant that intends to license use of a domain name to a third party or
a privacy/proxy service, shall represent that notice has been provided to the
licensee or to any third-party individuals whose Personal Data is supplied to
Registrar by the Registrant stating -
(1) The purposes for which any Personal Data
collected from the licensee or from any third-party individuals;
(2) The intended recipients or categories of
recipients of the data (including the Registrar, Registration Service provider,
Registry Operator and others who will receive the data from Registry Operator);
(3) Which data is obligatory and which data
is voluntary; and
(4) How the Registrant can access and, if
necessary, rectify the data held about them.
(8)
The Registrant confirms that they shall consent to the data processing referred
to in subsection 2.(6)
(9)
The Registrant confirms that they have obtained consent equivalent to that
referred to in subsection 2.(7) from any third party
individuals to whom the Registrant is licensing use of the registered domain
name.
(10)
The Registrant shall comply with all terms or conditions established by
Registrar, Registry Operator and/or Service Providers from time to time.
(11)
The Registrant must comply with all applicable terms and conditions, standards,
policies, procedures, and practices laid down by ICANN
(https://www.icann.org/resources/pages/benefits-2013-09-16-en) and the Registry
Operator.
(12)
During the term of this Agreement and for three years thereafter, the
Registrant shall maintain the following records relating to its dealings with
Registrar, Resellers and their Agents or Authorized Representatives:
(1) in electronic,
paper or microfilm form, all written communications with respect to the Order;
(2) in electronic
form, records of the accounts of the Order, including dates and amounts of all
payments, discount, credits and refunds.
The Registrant shall make these records
available for inspection by Registrar upon reasonable notice not exceeding 14
days.
(13)
The Registrant acknowledges and understands that they are prohibited from
utilizing domain registration, DNS or any other services obtained from our
registrar, to:
(1) constitutes slander, libel or defamation;
(2) publicize the personal information or
likeness of a person without that person's consent;
(3) violate the privacy rights of any person;
(4) threaten a person with bodily harm;
(5) make harassing or abusive statements or
messages;
(6) solicit the
performance of acts or services that are illegal under applicable law.
3. REPRESENTATIONS
AND WARRANTIES
Registrar
and Registrant represent and warrant that:
(1)
They have all requisite power and authority to execute, deliver and perform
their obligations under this Agreement.
(2)
This Agreement has been duly and validly executed and delivered and constitutes
a legal, valid and binding obligation, enforceable against Registrant and
Registrar in accordance with its terms.
(3)
The execution, delivery, and performance of this Agreement and the consummation
by Registrar and the Registrant of the transactions contemplated hereby will
not, with or without the giving of notice, the lapse of time, or both, conflict
with or violate:
(1) any provision of
law, rule, or regulation;
(2) any order,
judgment, or decree;
(3) any provision of
corporate by-laws or other documents;
(4) any agreement or
other instrument.
(4)
The execution, performance and delivery of this Agreement has been duly
authorized by the Registrant and Registrar.
(5)
No consent, approval, or authorization of, or exemption by, or filing with, any
governmental authority or any third party is required to be obtained or made in
connection with the execution, delivery, and performance of this Agreement or
the taking of any other action contemplated hereby.
The Registrant represents and warrants that:
(1) the Registrant
has read and understood every clause of this Agreement;
(2) the Registrant has independently
evaluated the desirability of the service and is not relying on any
representation agreement, guarantee or statement other than as set forth in
this agreement; and
(3) the Registrant
is eligible, to enter into this Contract according to the laws of his country.
4. RIGHTS OF
REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1)
Registrar, Service Providers and Registry Operator may change any information,
of the Order, or transfer the Order to another Registrant, or transfer the
Order to another Customer, upon receiving any authorization from the
Registrant, or the Customer, or Resellers as maybe prescribed by Registrar from
time to time.
(2)
Registrar, Service Providers and Registry Operator may provide/send any
information, about the Registrant, and the Order including Authentication
information:
(1) to the
Registrant;
(2) to any authorised representative, agent, contractee,
employee of the Registrant upon receiving authorization in any form as maybe
prescribed by Registrar from time to time;
(3) to the Customer,
Resellers, Service Providers and Registry Operator;
(4) to anyone
performing a Whois Lookup for the Order.
(3)
Registrar in its own discretion can at any point of time with reasonable
notification temporarily or permanently cease to sell any Registrar Products.
(4)
Registrar and the Registry Operator, in their sole discretion, expressly
reserve the right to deny any Order or cancel an Order within 30 days of
processing the same. In such case Registrar may refund the fees charged for the
Order, after deducting any processing charges for the same.
(5)
Notwithstanding anything to the contrary, Registrar, Registry Operator and
Service Providers, in their sole discretion, expressly reserve the right to
without notice or refund, delete, suspend, deny, cancel, modify, take ownership
of or transfer the Order, or to modify, upgrade, suspend, freeze WebHero
Registration, or to publish, transmit, share data in the WebHero Registration Database
with any person or entity, or to contact any entity in the WebHero Registration
Database, in order to recover any Payment from the Registrant, Customer or
Resellers, for any service rendered by Registrar including services rendered
outside the scope of this agreement for which the Registrant, Customer or
Reseller has been notified and requested to remit payment, or to correct
mistakes made by Registrar, Registry Operator or Service Providers in
processing or executing the Order, or incase of any
breach of this Agreement, or incase Registrar learns of a possibility of breach
or violation of this Agreement which Registrar in its sole discretion
determines to be appropriate, or incase of
Termination of this agreement, or if Registrar learns of any such event which
Registrar reasonably determines would lead to Termination of this Agreement or
would constitute as Breach thereof, or to protect the integrity and stability
of the Registrar Products, WebHero Registration, and the Registry or to comply
with any applicable laws, government rules or requirements, requests of law
enforcement, or in compliance with any dispute resolution process, or in
accordance/compliance with any agreements executed by Registrar including but
not limited to agreements with Service Providers, and/or Registry Operator,
and/or Customers and/or Resellers, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Service Providers, and/or the
Registry Operator, as well as their affiliates, subsidiaries, officers, directors
and employees, or if the Registrant and/or Agents or any other authorized
representatives of the Registrant violate any applicable laws/government
rules/usage policies, including but not limited to, intellectual property,
copyright, patent, anti-spam, Phishing (identity theft), Pharming (DNS
hijacking), distribution of virus or malware, child pornography, using Fast
Flux techniques, running Botnet command and control, Hacking (illegal access to
another computer or network), network attacks, money laundering schemes (Ponzi,
Pyramid, Money Mule, etc.), illegal pharmaceutical distribution, or Registrar
learns of the possibility of any such violation or upon appropriate
authorization (what constitutes appropriate authorization is at the sole
discretion of Registrar) from the Registrant or Customer or Reseller or their
authorized representatives, or if Registrar, Registry Operator or Service
Providers in their sole discretion determine that the information associated
with the Order is inaccurate, or has been tampered with, or has been modified
without authorization, or if Registrar or Service Providers in their sole
discretion determine that the ownership of the Order should belong to another
entity, or if Reseller/Customer/Registrant does not comply with any applicable
terms and conditions, standards, policies, procedures, and practices laid down
by Registrar, Service Providers, ICANN, the Registrar, the Registry Operator or
for any appropriate reason. Registrar or Registry Operator, also reserve the
right to freeze the Order during resolution of a dispute. The Registrant agrees
that Registrar, Registry Operator and Service Providers, and the contractors,
employees, directors, officers, representatives, agents and affiliates, of
Registrar, Registry Operator and Service Providers, are not liable for loss or
damages that may result from any of the above.
(6)
Registrar and Service Providers can choose to redirect an Order to any IP
Address including, without limitation, to an IP address which hosts a parking
page or a commercial search engine for the purpose of monetization, if an Order
has expired, or is suspended, or does not contain valid Name Servers to direct
it to any destination. Registrant acknowledges that Registrar and Service
Providers cannot and do not check to see whether such a redirection, infringes
any legal rights including but not limited to intellectual property rights,
privacy rights, trademark rights, of Registrant or any third party, or that the
content displayed due to such redirection is inappropriate, or in violation of
any federal, state or local rule, regulation or law, or injurious to Registrant
or any third party, or their reputation and as such is not responsible for any
damages caused directly or indirectly as a result of such redirection.
(7)
Registrar and Registry Operator has the right to rectify any mistakes in the
data in the WebHero Registration Database with retrospective effect.
(8)
Registrar has the right to change the registrar on record of the order to
another registrar.
(9)
Registrar shall provide notice to each new or renewed Registered Name Holder
stating:
(1) The purposes for which any Personal Data
collected from the applicant are intended;
(2) The intended recipients or categories of
recipients of the data(including the Registry Operator
and others who will receive the data from the Registry Operator);
(3) Which data are obligatory and which data,
if any, are voluntary and how the Registrant or data subject can access and, if
necessary, rectify the data held about them.
(10)
Registrar will not process the Personal Data collected from the Registered Name
holder in a way incompatible with the purposes and other limitations about
which it has provided notice to the Registered Name holder.
(11)
Registrar will take reasonable precautions to protect Personal Data provided by
the Registered Name holder from loss, misuse, unauthorized access or
disclosure, alteration, or destruction.
(12)
Registrar and Service Providers, in their sole discretion, expressly reserve
the right to suspend an Order without prior notice, and/or delete an Order
without issuing a refund, if the associated Registrant / Administrative /
Technical / Billing Contact is located in a Sanctioned Country or his/her
details, existing or modified, match with an SDN entry. The Registrant agrees
that Registrar and Service Providers, and the contractors, employees,
directors, officers, representatives, agents and affiliates, of Registrar and
Service Providers, are not liable for loss or damages that may result from any
of the above.
5. DOMAIN NAME
DISPUTE PROCESS
(1)
The Registrant agrees that, if the use of the Order is challenged by a third
party, the Registrant will be subject to the provisions of the appropriate
Dispute policy for that Order as mentioned in the appropriate Appendix in
effect at the time of the dispute. The Registrant agrees that in the event a
dispute arises with any third party, the Registrant will indemnify and hold
Registrar, Registry Operator and Service Providers harmless in all circumstances,
and that Registrar, Registry Operator and Service Providers will have no
liability of any kind for any loss or liability resulting from any such
dispute, including the decision and final outcome of such dispute. If a
complaint has been filed with a judicial or administrative body regarding the
Registrant's use of the Order, the Registrant agrees not to make any changes to
the Order without Registrar's prior approval. Registrar may not allow the
Registrant to make changes to such Order until Registrar is directed to do so
by the judicial or administrative body.
(2)
Uniform Domain Name Dispute Resolution Policy ("UDRP"), identified on
ICANN's website http://www.icann.org/en/help/dndr/udrp/policy, has been adopted
by all ICANN-accredited Registrars to resolve dispute proceedings arising from
alleged abusive registrations of domain names (for example, cybersquatting).
Holder of the trademark can excercise their right by
filing a UDRP case with any of ICANN's UDRP Service Providers listed at
http://www.icann.org/dndr/udrp/approved-providers.htm to challenge ownership of
the gTLD domain names.
(3)
Uniform Rapid Suspension ("URS") System, identified on ICANN's
website http://newgtlds.icann.org/en/applicants/urs, is a rights protection
mechanism that complements the existing Uniform Domain-Name Dispute Resolution
Policy (UDRP) by offering a lower-cost, faster path to relief for rights
holders experiencing the most clear-cut cases of trademark infringementfor
gTLD domain names.
6. TERM OF AGREEMENT
/ RENEWALS
(1)
The term of this Agreement shall continue until the registrant of the Order in
the WebHero Registration database continues to be the Registrant and the Order
continues to exist and the Order Registration term continues to exist.
(2)
Registrant acknowledges that it is the Registrant's responsibility to keep
records and maintain reminders regarding the expiry of any Order. However, the
Registrar will send domain renewal notifications to the Registrant on record,
either directly or through Catalog, Inc., as per the schedule given on
http://catalog.supersite2.myWebHero Registration.com/domain-registration-pricing.
As a convenience to the Registrant, and not as a binding commitment, we may
notify the Customer, via an email message sent to the contact information
associated with the Customer in the WebHero Registration database, about the
expiry of the Order. Should renewal fees go unpaid for an Order, the Order will
expire.
(3)
Registrant acknowledges that after expiration of the term of an Order, Registrant
has no rights on such Order, or any information associated with such Order, and
that ownership of such Order now passes on to the Registrar. Registrar and
Service Providers may make any modifications to said Order or any information
associated with said Order. Registrar and Service Providers may intercept any
network/communication requests to such Order and process them in any manner in
their sole discretion. Registrar and Service Providers may choose to monetize
such requests in any fashion at their sole discretion. Registrar and Service
Providers may choose to display any appropriate message, and/or send any
response to any user making a network/communication request, for or concerning
said Order. Registrar and Service Providers may choose to delete said Order at anytime after expiry upon their sole discretion. Registrar
and Service Providers may choose to transfer the ownership of the Order to any
third party in their sole discretion. Registrant acknowledges that Registrar
and Service Providers shall not be liable to Registrant or any third party for
any action performed under this clause.
(4)
Registrar at its sole discretion may allow the renewal of the Order after Order
expiry, and such renewal term will start as on the date of expiry of the Order,
unless otherwise specified. Such process may be charged separately at the price
then prevailing for such a process as determined by the Registrar in its sole
discretion. Such renewal after the expiry of the Order may not result in exact
reinstatement of the Order in the same form as it was prior to expiry.
(5)
Registrar makes no guarantees about the number of days, after deletion of an
Order, after which the same Order will once again become available for
purchase.
(6)
This Agreement shall terminate immediately in the event:
(1) Registrar's contract with the Service
Providers for the fulfillment of such Order is terminated or expires without
renewal;
(2) Registrar's contract with the Registry
Operator is terminated or expires without renewal;
(3) Registry Operator ceases to be the
Registry Operator for the particular TLD;
(4) of
Registrant-Registrant Transfer as per Section 8;
(5) of
Registrar-Registrar Transfer as per Section 9.
(7)
Upon Termination of this Agreement, Registrar may delete/suspend/transfer/modify
the Order and suspend WebHero Registration Users' access to the WebHero
Registration with immediate effect, upon the sole discretion of Registrar.
(8)
Neither Party shall be liable to the other for damages of any sort resulting
solely from terminating this Agreement in accordance with its terms, unless
specified otherwise. The Registrant however shall be liable for any damage
arising from any breach by it of this Agreement.
**
Domain Restoration : Restored Names Accuracy Policy
After restoring a domain name deleted from
the system on the basis of submission of false contact data or non-response to
registrar inquiries, the restored domain name will be put on ClientHold status until -
(1) Registrant provides updated Whois information; and
(2) Registrant submits current address proof
to prove the updated details are accurate.
7. FEES / RENEWAL
Payment
of fees shall be governed as per the Payment Terms and Conditions set out in
Appendix 'B.'
8. REGISTRANT -
REGISTRANT TRANSFER
(1)
Registrar may transfer the Order of the Registrant to another registrant under
the following circumstances:
(1) authorization
from the Registrant and/or their Agent or Authorized Representative in a manner
prescribed by Registrar from time to time;
(2) authorization
from the Customer and/or the Reseller in a manner prescribed by Registrar;
(3) on receiving
orders from a competent Court or Law Enforcement Agency;
(4) for fulfillment
of a decision in a domain dispute resolution;
(5) breach of Contract;
(6) termination of
this Agreement;
(7) Registrar learns of any such event, which
Registrar reasonably determines would lead to Termination of this Agreement, or
would constitute as Breach thereof.
(2)
Registrant acknowledges that Registrar cannot verify the authenticity of any
information, authorization or instructions received in Section (8)(1). Upon receiving such authorization that Registrar in
its absolute unfettered and sole discretion deems to be genuine, Registrar may
transfer the Order. Registrar cannot be held liable for any such transfer under
any circumstance including but not limited to fraudulent or forged
authorization received by Registrar.
(3)
In the above circumstances the Registrant shall extend full cooperation to
Registrar in transferring the Order of the Registrant to another registrant
including without limitation, handing over all data required to be stored by
the Registrant as per Section 3(5), and complying with all requirements to
facilitate a smooth transfer.
(4)
The Registrant's Order may not be transferred until Registrar receives such
written assurances or other reasonable assurance that the new registrant has
been bound by the contractual terms of this Agreement (such reasonable
assurance as determined by Registrar in its sole discretion). If the Transferee
fails to be bound in a reasonable fashion (as determined by Registrar in its
sole discretion) to the terms and conditions in this Agreement, any such
transfer maybe considered by Registrar as null and void in its sole discretion.
(5)
Change of Registrant as per Inter Registrar Transfer Policy (IRTP): Effective
December 1, 2016, for all gTLDs, any material changes
to a domain name registrant’s name, company, email address, or to the
administrative contact email address (if there is no registrant email address)
are subject to ICANN’s Transfer Policy
(https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en). As
sponsoring registrar, we are required to deny a change of registrant for any of
the following reasons:
(1) the domain name
registration agreement has expired and the registrant no longer has the right
to renew the domain name or to transfer the domain name to another registrar;
(2) the change of
registrant was not properly authorized by the Prior Registrant and the New
Registrant; or
(3) the domain name
is subject to a domain name dispute proceeding, including, but not limited to,
the following:
(1) Uniform Domain-Name Dispute-Resolution
Policy (UDRP) (https://www.icann.org/resources/pages/help/dndr/udrp-en);
(2) Uniform Rapid Suspension (URS)
(https://www.icann.org/resources/pages/urs-2014-01-09-en);
(3) Registrar Transfer Dispute Resolution
Policy (https://www.icann.org/resources/pages/tdrp-2012-02-25-en); or
(4) a court order.
(4) Unless a change of registrant is
otherwise prohibited, the Prior Registrant and the New Registrant, or their
Designated Agents, must confirm the change of registrant within 60 days of the
request.
(5) Unless you opt out of the transfer lock
when you request a change of registrant, you may not transfer your domain
registration to another domain registrar for sixty (60) days following the
change of registrant.
(6)
Designated Agent: You hereby explicitly authorize the registrar to act as
Designated Agent to approve a change of registrant on behalf of the Prior
Registrant and the New Registrant, consistent with the requirements of ICANN’s
Transfer Policy
(https://www.icann.org/resources/pages/transfer-policy-2016-06-01-en).
9.
REGISTRAR-REGISTRAR TRANSFER
(1)
For generic top-level domains governed by ICANN, Registrant acknowledges and
agrees that a domain name may not be transferred during the first sixty (60)
days after initial registration or registrar transfer. Registrar may deny or prevent a transfer of a
generic top-level domain Order to another registrar pursuant to the
Inter-Registrar Transfer Policy.
(2)
For country-code top-level domains, as established by each registry, Registrant
acknowledges and agrees that during the first 60 days after initial
registration of the Order, or after expiration of the Order, Registrant may not
be able to transfer the Order to another registrar. Registrar may deny or
prevent a transfer of an Order to another registrar in situations described in
this Agreement including, but not limited to:
(1) a dispute over
the identity of the domain name holder;
(2) bankruptcy; and
default in the payment of any fees;
(3) any pending dues
from the Customer or Resellers' or Registrant for any services rendered,
whether under this agreement;
(4) any pending
Domain Dispute Resolution process with respect to the Order;
(5) if the Order has
been locked or suspended by the Customer or Resellers;
(6) any situation where denying the transfer
is permitted under the then applicable process and rules of transfer of domain
names as laid out by the Registry Operator, Registrant acknowledges that it is
their responsibility to research and acquaint themselves with these rules and
any applicable changes from time to time;
(7) any other circumstance
described in this Agreement; and
(8) for any other
appropriate reason.
(3)
Registrar may request the Registrant or Administrative contact for
authorization upon receiving a request to transfer the Order to another
registrar. The Registrant agrees to provide such authorization to Registrar.
Registrar, in its sole discretion will determine, if such authorization is
adequate to allow the transfer.
(4)
Registrar may at its sole discretion lock or suspend the Order to prevent a
domain transfer.
(5)
Registrar cannot be held liable for any domain name transferred away to another
registrar, or for any denial of a transfer, in accordance with this Section 9
(Registrar-Registrar Transfer).
10. LIMITATION OF
LIABILITY
IN
NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR CONTRACTORS
OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT FOR ANY LOSS OF
REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS OF BUSINESS, OR ANY
SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL
DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS OF PROFITS, ARISING OUT OF OR IN
CONNECTION WITH THIS AGREEMENT, REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR
ITS SERVICE PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR
FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED
TO:
(1)
LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
AUTHENTICATION INFORMATION;
(2)
LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21
OF THIS AGREEMENT;
(3)
LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4)
LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5)
LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN ANY AND
ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS AGREEMENT;
(6)
LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If
any legal action or other legal proceeding (including arbitration) relating to
the performance under this Agreement or the enforcement of any provision of
this Agreement is brought against Registrar by the Registrant, then in no event
will the liability of Registrar exceed actual amount received by Registrar for
the Order minus direct expenses incurred with respect to the Order.
REGISTRANT
ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN PART UPON
THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY NOTWITHSTANDING ANY
FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO EVENT WILL THE LIABILITY OF
REGISTRAR RELATING TO THIS AGREEMENT EXCEED TOTAL AMOUNT RECEIVED BY REGISTRAR
IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1)
The Registrant, at its own expense, will indemnify, defend and hold harmless,
Registrar, Service Provider, Registry Operator, Resellers and the contactors,
employees, directors, officers, representatives, agents and affiliates, of
Registrar, Registry Operator, Service Providers, and Resellers against any
claim, suit, action, or other proceeding brought against them based on or
arising from any claim or alleged claim, of third parties relating to or
arising under this Agreement, Registrar Products provided hereunder, or any use
of the Registrar Products, including without limitation:
(1) infringement by
the Registrant, or someone else using a Registrar Product with the Registrant's
computer, of any intellectual property or other proprietary right of any person
or entity;
(2) arising out of
any breach by the Registrant of this Agreement;
(3) arising out of,
or related to, the Order or use of the Order;
(4) relating to any
action of Registrar as permitted by this Agreement;
(5) relating to any
action of Registrar carried out on behalf of Registrant as described in this
Agreement.
However,
that in any such case Registrar may serve either of the Registrant with notice
of any such claim and upon their written request, Registrar will provide to
them all available information and assistance reasonably necessary for them to
defend such claim, provided that they reimburse Registrar for its actual costs.
(2)
Registrar will not enter into any settlement or compromise of any such
indemnifiable claim without Registrant's prior written consent, which shall not
be unreasonably withheld.
(3)
The Registrant will pay any and all costs, damages, and expenses, including,
but not limited to, actual attorneys' fees and costs awarded against or
otherwise incurred by Registrar in connection with or arising from any such
indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL
PROPERTY
Subject
to the provisions of this Agreement, each Party will continue to independently
own his/her/its intellectual property, including all patents, trademarks, trade
names, domain names, service marks, copyrights, trade secrets, proprietary
processes and all other forms of intellectual property. Any improvements to
existing intellectual property will continue to be owned by the Party already
holding such intellectual property.
Without
limiting the generality of the foregoing, no commercial use rights or any
licenses under any patent, patent application, copyright, trademark, know-how,
trade secret, or any other intellectual proprietary rights are granted by
Registrar to the Registrant, or by any disclosure of any Confidential
Information to the Registrant under this Agreement.
Registrant
shall further ensure that the Registrant does not infringe any intellectual
property rights or other rights of any person or entity, or does not publish
any content that is libelous or illegal while using services under this
Agreement. Registrant acknowledges that Registrar cannot and does not check to
see whether any service or the use of the services by the Registrant under this
Agreement, infringes legal rights of others.
13. OWNERSHIP AND USE
OF DATA
(1)
You agree and acknowledge that Registrar owns all data, compilation, collective
and similar rights, title and interests worldwide in the WebHero Registration
Database, and all information and derivative works generated from the WebHero
Registration Database.
(2)
Registrar, Service Providers and the Registry Operator and their
designees/agents have the right to backup, copy, publish, disclose, use, sell,
modify, process this data in any form and manner as maybe required for
compliance of any agreements executed by Registrar, or Registry Operator or
Service Providers, or in order to fulfill services under this Agreement, or for
any other appropriate reason.
14. DELAYS OR
OMISSIONS; WAIVERS
No
failure on the part of any Party to exercise any power, right, privilege or
remedy under this Agreement, and no delay on the part of any Party in
exercising any power, right, privilege or remedy under this Agreement, shall
operate as a waiver of such power, right, privilege or remedy; and no single or
partial exercise or waiver of any such power, right, privilege or remedy shall
preclude any other or further exercise thereof or of any other power, right,
privilege or remedy.
No
Party shall be deemed to have waived any claim arising out of this Agreement,
or any power, right, privilege or remedy under this Agreement, unless the
waiver of such claim, power, right, privilege or remedy is expressly set forth
in a written instrument on behalf of such Party; and any such waiver shall not
be applicable or have any effect except in the specific instance in which it is
given.
No
waiver of any of the provisions of this Agreement shall be deemed to constitute
a waiver of any other provision (whether or not similar), nor shall such waiver
constitute a waiver or continuing waiver unless otherwise expressly provided in
writing.
15. RIGHT TO
SUBSTITUTE UPDATED AGREEMENT
(1)
During the period of this Agreement, the Registrant agrees that Registrar may:
(1) revise the terms
and conditions of this Agreement; and
(2) change the
services provided under this Agreement
(2)
Registrar, or the Registry Operator or any corresponding/designated policy
formulating body may revise ANY of the Dispute policies, and eligbility criterias set forth in
the various appendices as well as in any of the external URLs referenced within
the appendices.
(3)
Any such revision or change will be binding and effective immediately on
posting of the revision on the Registrar Website or the corresponding URL
referenced in this Agreement.
(4)
The Registrant agrees to review the Registrar Website and all other URLs
referenced in this Agreement, periodically, to be aware of any such revisions.
(5)
The Registrant agrees that, continuing use of the services under this Agreement
following any revision, will constitute as an acceptance of any such revisions
or changes.
(6)
The Registrant acknowledges that if the Registrant does not agree to any such
modifications, the Registrant may terminate this Agreement within 30 days of
such revision. In such circumstance Registrar will not refund any fees paid by the
Registrant.
16. PUBLICITY
The
Registrant shall not create, publish, distribute, or permit any written / Oral
/ electronic material that makes reference to us or our Service Providers or
uses any of Registrar's registered Trademarks / Service Marks or our Service
Providers' registered Trademarks / Service Marks without first submitting such
material to us and our Service Providers and receiving prior written consent.
The
Registrant gives Registrar the right to use the Registrant names in marketing /
promotional material with regards to Registrar Products to Visitors to the
Registrar Website, Prospective Clients and existing and new customers.
17. TAXES
The
Registrant shall be responsible for sales tax, consumption tax, transfer duty,
custom duty, octroi duty, excise duty, income tax,
and all other taxes and duties, whether international, national, state or
local, however designated, which are levied or imposed or may be levied or
imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither
party shall be liable to the other for any loss or damage resulting from any
cause beyond its reasonable control (a "Force Majeure Event")
including, but not limited to, insurrection or civil disorder, riot, war or
military operations, national or local emergency, acts or directives or
omissions of government or other competent authority, compliance with any
statutory obligation or executive order, strike, lock-out, work stoppage,
industrial disputes of any kind (whether or not involving either party's
employees), any Act of God, fire, lightning, explosion, flood, earthquake,
eruption of volcano, storm, subsidence, weather of exceptional severity,
equipment or facilities breakages / shortages which are being experienced by
providers of telecommunications services generally, or other similar force
beyond such Party's reasonable control, and acts or omissions of persons for
whom neither party is responsible. Upon occurrence of a Force Majeure Event and
to the extent such occurrence interferes with either party's performance of
this Agreement, such party shall be excused from performance of its obligations
(other than payment obligations) during the first six months of such
interference, provided that such party uses best efforts to avoid or remove
such causes of non performance as soon as possible.
19. ASSIGNMENT /
SUBLICENSE
Except
as otherwise expressly provided herein, the provisions of this Agreement shall
inure to the benefit of and be binding upon, the successors and assigns of the
Parties; provided, however, that any such successor or assign be permitted
pursuant to the Articles, Bylaws or policies of Registrar.
The
Registrant shall not assign, sublicense or transfer its rights or obligations
under this Agreement to any third person/s except as provided for in Section 8
(REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of
Registrar.
Registrant
agrees that if Registrant licenses the use of the Order to a third party, the
Registrant nonetheless remains the Registrant of record, and remains
responsible for all obligations under this Agreement.
20. NO GUARANTY
The
Registrant acknowledges that registration or reservation of the Order does not
confer immunity from objection to the registration, reservation, or use of the
Order.
21. DISCLAIMER
THE
WEBHERO REGISTRATION, REGISTRAR SERVERS, WebHero Registration Servers,
Registrar Website AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION
/ APPLICATION SERVICES IS PROVIDED ON "AS IS" AND "WHERE
IS" BASIS AND WITHOUT ANY WARRANTY OF ANY KIND.
REGISTRAR
AND SERVICE PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND
CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY AND FITNESS FOR A
PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY RIGHTS AND
QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR
AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE FOR ANY
DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT OR OTHER
PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, WEBHERO REGISTRATION OR BY
ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING, REGISTRAR AND
SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE THAT (A) ANY
INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH WEBHERO REGISTRATION OR
REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS, TROJAN HORSES OR
ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR (B) THE INFORMATION
AVAILABLE ON OR THROUGH THE WEBHERO REGISTRATION/REGISTRAR SERVERS WILL NOT
CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME INDIVIDUALS MAY DEEM
OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES PERFORMED BY REGISTRAR AND
SERVICE PROVIDERS WILL BE SECURE, TIMELY, UNINTERRUPTED OR ERROR-FREE OR THAT
DEFECTS IN THE WEBHERO REGISTRATION WILL BE CORRECTED; OR (D) THE SERVICE WILL
MEET YOUR REQUIREMENTS OR EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS
AGREEMENT OPERATE IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM
OR DATA. OR (F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY
EVENTS FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR
ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER.
REGISTRAR
AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS LEGITIMACY,
LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS, ACCURACY OR RELIABILITY.
REGISTRAR AND SERVICE PROVIDERS DO NOT ENDORSE, VERIFY OR OTHERWISE CERTIFY THE
CONTENT OF ANY SUCH INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF
IMPLIED WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY
NOT APPLY TO YOU.
FURTHERMORE,
REGISTRAR NEITHER WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR
THE RESULTS OF THE WEBHERO REGISTRATION, WEBHERO REGISTRATION SERVERS,
REGISTRAR WEBSITE AND ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION
/ APPLICATION SERVICES IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR
OTHERWISE.
22. JURISDICTION
& ATTORNEY'S FEES
This
Agreement shall be governed by and interpreted and enforced in accordance with
the laws of the Country, State and City where Registrar is incorporated,
applicable therein without reference to rules governing choice of laws. Any
action relating to this Agreement must be brought in city, state, country where
Registrar is incorporated. Registrar reserves the right to enforce the law in
the Country/State/District where the Registered/Corporate/Branch Office, or Place
of Management/Residence of the Registrant is situated as per the laws of that
Country/State/District.
If
any legal action or other legal proceeding relating to the performance under
this Agreement or the enforcement of any provision of this Agreement is brought
against either Party hereto, the prevailing Party shall be entitled to recover
reasonable attorneys' fees, costs and disbursements (in addition to any other
relief to which the prevailing Party may be entitled.
For
the adjudication of disputes concerning or arising from use of the Order, the
Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's
domicile and (2) the Registrar's country of incorporation.
23. MISCELLANEOUS
(1)
Any reference in this Agreement to gender shall include all genders, and words
importing the singular number only shall include the plural and vice versa.
(2)
There are no representations, warranties, conditions or other agreements,
express or implied, statutory or otherwise, between the Parties in connection
with the subject matter of this Agreement, except as specifically set forth
herein.
(3)
The Parties shall attempt to resolve any disputes between them prior to
resorting to litigation through mutual understanding or a mutually acceptable
Arbitrator.
(4)
This Agreement shall inure to the benefit of and be binding upon Registrar and
the Registrant as well as all respective successors and permitted assigns.
(5)
Survival: In the event of termination of this Agreement for any reason,
Sections 1, 2, 4, 5, 6, 7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11,
12, 13, 14, 16, 17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all
of Appendix A, and all Sections of Appendix B, and Sections 1, 2, 3 of Appendix
W shall survive.
(6)
This Agreement does not provide and shall not be construed to provide third
parties (i.e. non-parties to this Agreement), with any remedy, claim, and cause
of action or privilege against Registrar.
(7)
The Registrant, Registrar, its Service Providers, Registry Operator, Resellers,
and Customer are independent contractors, and nothing in this Agreement will
create any partnership, joint venture, agency, franchise, and sales
representative or employment relationship between the parties.
(8)
Further Assurances: Each Party hereto shall execute and/or cause to be
delivered to the other Party hereto such instruments and other documents, and
shall take such other actions, as such other Party may reasonably request for
the purpose of carrying out or evidencing any of the transactions contemplated
/ carried out, by / as a result of, this Agreement.
(9)
Construction: The Parties agree that any rule of construction to the effect
that ambiguities are to be resolved against the drafting Party shall not be
applied in the construction or interpretation of this Agreement.
(10)
Entire Agreement; Severability: This Agreement, including all Appendices
constitutes the entire agreement between the Parties concerning the subject
matter hereof and supersedes any prior agreements, representations, statements,
negotiations, understandings, proposals or undertakings, oral or written, with
respect to the subject matter expressly set forth herein. If any provision of
this Agreement shall be held to be illegal, invalid or unenforceable, each
Party agrees that such provision shall be enforced to the maximum extent
permissible so as to effect the intent of the Parties, and the validity,
legality and enforceability of the remaining provisions of this Agreement shall
not in any way be affected or impaired thereby. If necessary to effect the
intent of the Parties, the Parties shall negotiate in good faith to amend this
Agreement to replace the unenforceable language with enforceable language that
reflects such intent as closely as possible.
(11)
The division of this Agreement into Sections, Subsections, Appendices,
Extensions and other Subdivisions and the insertion of headings are for
convenience of reference only and shall not affect or be used in the
construction or interpretation of this Agreement.
(12)
This agreement may be executed in counterparts.
(13)
Language. All notices, designations, and specifications made under this
Agreement shall be made in the English Language only.
(14)
Dates and Times. All dates and times relevant to this Agreement or its
performance shall be computed based on the date and time observed in Mumbai,
India (IST) i.e. GMT+5:30
24. BREACH
In
the event that Registrar suspects breach of any of the terms and conditions of
this Agreement:
(1)
Registrar can immediately, without any notification and without assigning any
reasons, suspend / terminate the Registrants access to the WebHero Registration
Server.
(2)
The Registrant will be immediately liable for any damages caused by any breach
of any of the terms and conditions of this Agreement.
(3)
Registrar can immediately, without any notification and without assigning any
reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(1)
Any notice or other communication required or permitted to be delivered to
Registrar under this Agreement shall be in writing unless otherwise specified
and shall be deemed properly delivered when delivered to contact address
specified on the Registrar Website by registered mail or courier. Any
communication shall be deemed to have been validly and effectively given, on
the date of receiving such communication, if such date is a Business Day and
such delivery was made prior to 17:30 (Indian Standard Time) and otherwise on
the next Business Day.
(2)
Any notice or other communication required or permitted to be delivered to the
Registrant under this Agreement shall be in writing unless otherwise specified
and shall be deemed properly delivered, given and received when delivered to
contact address of the Registrant in the WebHero Registration Database.
(3)
Any notice or other communication to be delivered to any party via email under
this agreement shall be deemed to have been properly delivered if sent in case
of Registrar to its Legal Contact mentioned on the Registrar Website and in
case of the Registrant to their respective email address in the WebHero
Registration Database.
APPENDIX 'A'
TERMS AND CONDITIONS
OF WEBHERO REGISTRATION USAGE
This
Appendix A covers the terms of access to the WebHero Registration. Any
violation of these terms will constitute a breach of agreement, and grounds for
immediate termination of this Agreement.
1. ACCESS TO WebHero
Registration
(1)
Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION, temporarily
suspend WebHero Registration Users' access to the WebHero Registration in the
event of significant degradation of the WebHero Registration, or at any time
Registrar may deem necessary.
(2)
Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications
to the WebHero Registration from time to time.
(3)
Access to the WebHero Registration is controlled by authentication information
provided by Registrar. Registrar is not responsible for any action in the WebHero
Registration that takes place using this authentication information whether
authorized or not.
(4)
Registrar is not responsible for any action in the WebHero Registration by a WebHero
Registration User.
(5)
WebHero Registration User will not attempt to hack, crack, gain unauthorized
access, misuse or engage in any practice that may hamper operations of the WebHero
Registration including, without Limitation temporary / permanent slow down of the WebHero Registration, damage to data,
software, operating system, applications, hardware components, network
connectivity or any other hardware / software that constitute the WebHero
Registration and architecture needed to continue operation thereof.
(6)
WebHero Registration User will not send or cause the sending of repeated
unreasonable network requests to the WebHero Registration or establish repeated
unreasonable connections to the WebHero Registration. Registrar will in its
ABSOLUTE and UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable
number of requests or connections.
(7)
WebHero Registration User will take reasonable measures and precautions to
ensure secrecy of authentication information.
(8)
WebHero Registration User will take reasonable precautions to protect WebHero
Registration Data from misuse, unauthorized access or disclosure, alteration,
or destruction.
(9)
Registrar shall not be responsible for damage caused due to the compromise of
your Authentication information in any manner OR any authorized/unauthorized
use of the Authentication Information.
(10)
Registrar shall not be liable for any damages due to downtime or interruption
of WebHero Registration for any duration and any cause whatsoever.
(11)
Registrar shall have the right to temporarily or permanently suspend access of
a WebHero Registration User to the WebHero Registration if Registrar in its
ABSOLUTE and UNFETTERED SOLE DISCRETION suspects misuse of the access to the WebHero
Registration, or learns of any possible misuse that has occurred, or will occur
with respect to a WebHero Registration User.
(12)
Registrar and Service Providers reserve the right to, in their sole discretion,
reject any request, network connection, e-mail, or message, to, or passing
through, WebHero Registration
2. Terms of USAGE OF WEBHERO
REGISTRATION
(1)
Registrant, or its contractors, employees, directors, officers,
representatives, agents and affiliates and WebHero Registration Users, either
directly or indirectly, shall not use or permit use of the WebHero Registration,
directly or indirectly, in violation of any federal, state or local rule,
regulation or law, or for any unlawful purpose, or to promote adult-oriented or
"offensive" material, or related to any unsolicited bulk e-mail
directly or indirectly (such as by referencing an WebHero Registration provided
service within a spam email or as a reply back address), or related to ANY
unsolicited marketing efforts offline or online, directly or indirectly, or in
a manner injurious to Registrar, Registry Operator, Service Providers or their
Resellers, Customers, or their reputation, including but not limited to the
following:
(1) Usenet spam (off-topic, bulk
posting/cross-posting, advertising in non-commercial newsgroups, etc.);
(2) posting a single
article or substantially similar articles to an excessive number of newsgroups
(i.e., more than 2-3) or posting of articles which are off-topic (i.e.,
off-topic according to the newsgroup charter or the article provokes complaints
from the readers of the newsgroup for being off-topic);
(3) sending
unsolicited mass e-mails (i.e., to more than 10 individuals, generally referred
to as spamming) which provokes complaints from any of the recipients; or
engaging in spamming from any provider;
(4) offering for sale or otherwise enabling
access to software products that facilitate the sending of unsolicited e-mail
or facilitate the assembling of multiple e-mail addresses ("spamware");
(5) advertising, transmitting, linking to, or
otherwise making available any software, program, product, or service that is
designed to violate these terms, including but not limited to the facilitation
of the means to spam, initiation of pinging, flooding, mailbombing,
denial of service attacks, and piracy of software;
(6) harassment of
other individuals utilizing the Internet after being asked to stop by those
individuals, a court, a law-enforcement agency and/or Registrar;
(7) impersonating another user or entity or
an existing company/user/service or otherwise falsifying one's identity for
fraudulent purposes in e-mail, Usenet postings, on IRC, or with any other
Internet service, or for the purpose of directing traffic of said user or
entity elsewhere;
(8) using WebHero Registration services to
point to or otherwise direct traffic to, directly or indirectly, any material
that, in the sole opinion of Registrar, is associated with spamming, bulk
e-mail, e-mail harvesting, warez (or links to such material), is in violation
of copyright law, or contains material judged, in the sole opinion of
Registrar, to be threatening or obscene or inappropriate;
(9) using WebHero
Registration directly or indirectly for any of the below activities activities:
(1) transmitting
Unsolicited Commercial e-mail (UCE);
(2) transmitting
bulk e-mail;
(3) being listed,
or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS
Blacklist;
(4) posting bulk
Usenet/newsgroup articles;
(5) Denial of Service attacks of any kind;
(6) excessive use of
any web service obtained under this agreement beyond reasonable limits as
determined by the Registrar in its sole discretion;
(7) copyright or
trademark infringement;
(8) unlawful or
illegal activities of any kind;
(9) promoting net
abuse in any manner (providing software, tools or information which enables,
facilitates or otherwise supports net abuse);
(10) causing lossage or creating service degradation for other users
whether intentional or inadvertent.
(2)
Registrar in its sole discretion will determine what constitutes as violation
of appropriate usage including but not limited to all of the above.
(3)
Data in the WebHero Registration Database cannot be used for any purpose other
than those listed below, except if explicit written permission has been
obtained from Registrar:
(1) to perform
services contemplated under this agreement; and
(2) to communicate
with Registrar on any matter pertaining to Registrar or its services.
(4) data in the WebHero
Registration Database cannot specifically be used for any purpose listed below:
(1) Mass Mailing or SPAM; and
(2) selling the
data.
APPENDIX 'B'
PAYMENT TERMS AND
CONDITIONS
(1)
Registrar will accept payment for the Order from the Customer or Resellers.
(2)
Registrant can refer to http://catalog.supersite2.myWebHero Registration.com/domain-registration-pricing
for fee charged by the Catalog, Inc. for the Order. The Registrant acknowledges
that the Registrar or Catalog, Inc. reserves the right to change the pricing
without any prior notification.
(3)
In the event that a payment made via Credit Card or the payment instrument sent
by the Customer or Reseller bounces due to Lack of Funds or any other Reason,
then
(1) Registrar may immediately suspend WebHero
Registration Users' access to the WebHero Registration
(2) Registrar has the right to terminate this
agreement with immediate effect and without any notice.
(4)
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete, suspend,
deny, cancel, modify, take ownership of or transfer any or all of the Orders
placed of the Registrant as well as stop / suspend / delete / transfer any
Orders currently being processed.
(5)
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer all
Orders placed by the Registrant to another Customer, or under Registrar's
account.
(6)
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may levy reasonable
additional charges for the processing of the Charge-back / Payment Reversal in
addition to actual costs of the same.
(7)
Registrar shall have the right to initiate any legal proceedings against the
Registrant to recover any such liabilities.
APPENDIX 'C'
.COM/.NET/.ORG
SPECIFIC CONDITIONS
If
the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to
the following terms:
1. PROVISION OF
REGISTRATION DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal address, e-mail
address, voice telephone number, and fax number if available of the Registrant;
(2)
the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact for the
domain name;
(4)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for
the domain name;
(5)
the name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
2. DOMAIN NAME
DISPUTE POLICY
You
agree to be bound by the current Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'D'
.BIZ SPECIFIC
CONDITIONS
If
the Order is a .BIZ domain name, the Registrant, must also agree to the
following terms:
1. CONDITIONS FOR
.BIZ REGISTRATIONS
(1)
Registrations in the .BIZ TLD must be used or intended to be used primarily for
bona fide business or commercial purposes. For purposes of the .BIZ
Registration Restrictions ("Restrictions"), "bona fide business
or commercial use" shall mean the bona fide use or bona fide intent to use
the domain name or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more host
computers through the DNS:
(1) to exchange
goods, services, or property of any kind;
(2) in the ordinary
course of trade or business; or
(3) to facilitate:
(1) the exchange of
goods, services, information, or property of any kind; or
(2) the ordinary
course of trade or business.
(2)
Registering a domain name solely for the purposes of
(1) selling, trading
or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade
or lease the domain name for compensation shall not constitute a "bona
fide business or commercial use" of that domain name.
2. CERTIFICATION FOR
.BIZ REGISTRATIONS
(1)
As a .BIZ domain name Registrant, you hereby certify to the best of your
knowledge that the registered domain name will be used primarily for bona fide
business or commercial purposes and not exclusively for personal use or solely
for the purposes of selling, trading or leasing the domain name for
compensation, or the unsolicited offering to sell, trade or lease the domain
name for compensation. For more information on the .BIZ restrictions, which are
incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html.
(2)
The domain name Registrant has the authority to enter into the registration
agreement.
(3)
The registered domain name is reasonably related to the Registrant's business
or intended commercial purpose at the time of registration.
3. PROVISION OF
REGISTRATION DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal address, e-mail
address, voice telephone number, and fax number if available of the Registrant;
(2)
the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact for the
domain name;
(4)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for
the domain name;
(5)
the name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
4. DOMAIN NAME
DISPUTE POLICY
You
agree to be bound by the dispute policies in the following documents that are
incorporated herein and made a part of this Agreement by reference.
The
Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
The
Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html
The
Restrictions Dispute Resolution Criteria and Rules, available at
http://www.neulevel.com/countdown/rdrp.html.
The
STOP sets forth the terms and conditions in connection with a dispute between a
registrant of a .BIZ domain name with any third party (other than Registry
Operator or Registrar) over the registration or use of a .BIZ domain name
registered by Registrant that is subject to the Intellectual Property Claim
Service. The Intellectual Property Claim Service a service introduced by
Registry Operator to notify a trademark or service mark holder
("Claimant") that a second-level domain name has been registered in
which that Claimant claims intellectual property rights. In accordance with the
STOP and its associated Rules, those Claimants will have the right to challenge
registrations through independent ICANN-accredited dispute resolution
providers.
The
UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and any party other than the Registry Operator or Registrar over the
registration and use of an Internet domain name registered by Registrant.
The
RDRP sets forth the terms under which any allegation that a domain name is not
used primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will be enforced directly
by or through Registry Operator. Registry Operator will not review, monitor, or
otherwise verify that any particular domain name is being used primarily for business
or commercial purposes or that a domain name is being used in compliance with
the SUDRP or UDRP processes.
APPENDIX 'E'
.INFO DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .INFO domain name, the Registrant, must
also agree to the following terms:
(1)
Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name
Dispute Policy (UDRP) as laid out at http://www.icann.org/udrp/udrp.htm and
comply with the requirements set forth by Afilias for domain names registered
during the Sunrise Period, including the mandatory Sunrise Dispute Resolution
Policy. These policies are available at http://www.afilias.info. These policies
are subject to modification.
(2)
Registrant acknowledges that Afilias, the registry operator for .INFO, will
have no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period or the Land Rush
Period, including, without limitation:
(1) the ability or
inability of a registrant to obtain a Registered Name during these periods, and
(2) the results of
any dispute over a Sunrise Registration.
APPENDIX 'F'
.NAME SPECIFIC
CONDITIONS
If
the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant,
must also agree to the following terms:
1. .NAME REGISTRATION
RESTRICTIONS
Domain
Name and Email Forward Registrations in the .NAME TLD must constitute an
individual's "Personal Name". For purposes of the .NAME restrictions
(the "Restrictions"), a "Personal Name" is a person's legal
name, or a name by which the person is commonly known. A "name by which a
person is commonly known" includes, without limitation, a pseudonym used
by an author or painter, or a stage name used by a singer or actor.
2. .NAME
CERTIFICATIONS
As
a .NAME domain name or Email Forward Registrant, you hereby certify to the best
of your knowledge that the SLD is your Personal Name.
3. PROVISION OF
REGISTRATION DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes the information contained in the Whois directory, including:
(1)
full name of an authorized contact person, company name, postal address, e-mail
address, voice telephone number, and fax number if available of the Registrant;
(2)
the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the domain
name;
(4)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for
the domain name;
(5)
the name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
You
further understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States, and you
expressly consent to such export.
4. DISPUTE POLICY
You
agree to be bound by the dispute policies in the following documents that are
incorporated herein and made a part of this Agreement by reference:
(1)
the Eligibility Requirements (the "Eligibility
Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2)
the Eligibility Requirements Dispute Resolution Policy
(the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(3)
the Uniform Domain Name Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The
Eligibility Requirements dictate that Personal Name domain names and Personal
Name SLD email addresses will be granted on a first-come, first-served basis,
except for registrations granted as a result of a dispute resolution proceeding
or during the landrush procedures in connection with
the opening of the Registry TLD. The following categories of Personal Name
Registrations may be registered:
(1)
the Personal Name of an individual;
(2)
the Personal Name of a fictional character, if you
have trademark or service mark rights in that character's Personal Name;
(3)
in addition to a Personal Name registration, you may
add numeric characters to the beginning or the end of your Personal Name so as
to differentiate it from other Personal Names.
The
ERDRP applies to challenges to:
(1)
registered domain names and SLD email address
registrations within .NAME on the grounds that a Registrant does not meet the
Eligibility Requirements, and
(2)
to Defensive Registrations within .NAME.
The
UDRP sets forth the terms and conditions in connection with a dispute between a
Registrant and party other than Global Name Registry ("Registry
Operator") or Registrar over the registration and use of an Internet
domain name registered by a Registrant.
5. .NAME EMAIL
FORWARD ADDITIONAL CONDITIONS
If
the Order is a .NAME email forward, the Registrant, must also agree to the
following additional terms and conditions:
(1)
You acknowledge that you are responsible for all use of Email Forwarding,
including the content of messages sent through Email Forwarding.
(2)
You undertake to familiarize yourself with the content of and to comply with
the generally accepted rules for Internet and email usage.
(3)
Without prejudice to the foregoing, you undertake not to use Email Forwarding:
(1) to encourage, allow or participate in any
form of illegal or unsuitable activity, including but not restricted to the
exchange of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing defamatory
material;
(2) to gain illegal access to systems or
networks by unauthorized access to or use of the data in systems or networks,
including all attempts at guessing passwords, checking or testing the
vulnerability of a system or network or breaching the security or access
control without the sufficient approval of the owner of the system or network;
(3) to interrupt data traffic to other users,
servers or networks, including, but not restricted to, mail bombing, flooding,
Denial of Service (DoS) attacks, willful attempts to
overload another system or other forms of harassment; or
(4) for spamming,
which includes, but is not restricted to, the mass mailing of unsolicited
email, junk mail, the use of distribution lists (mailing lists) which include
persons who have not specifically given their consent to be placed on such a
distribution list
(4)
Users are not permitted to provide false names or in any other way to pose as
somebody else when using Email Forwarding.
(5)
Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse from
entering Registry Operator's Email Forwarding.
(6)
On discontinuing Email Forwarding, Registry Operator is not obliged to store
any contents or to forward unsent email to you or a third party.
APPENDIX 'G'
.NAME DEFENSIVE
REGISTRATIONS SPECIFIC CONDITIONS
If
the Order is a .NAME Defensive Registration, the Registrant, must also agree to
the following terms:
1. DEFENSIVE
REGISTRATIONS
Defensive
Registrations allow owners of nationally registered marks to exclusively
pre-register on the .NAME space and create a protective barrier for their
trademarks. A "Defensive Registration" is a registration granted to a
third party of a specific string on the second or third level, or of a specific
set of strings on the second and third levels, which will not resolve within
the domain name system but may prevent the registration of the same string(s)
on the same level(s) by other third party applicants.
2. PHASES OF
DEFENSIVE REGISTRATIONS
(1)
As a Defensive Registration Registrant ("Defensive Registrant"), you
hereby certify to the best of your knowledge that for Phase I Defensive
Registrations ("Phase I Defensive Registrants"), you own valid and
enforceable trademark or service mark registrations having national effect that
issued prior to April 16, 2001 for strings that are identical to the textual or
word elements, using ASCII characters only, subject to the same character and
formatting restrictions as apply to all registrations in the Registry TLD. You
understand that trademark or service mark registrations from the supplemental
or equivalent Registry of any country, or from individual states or provinces
of a nation, will not be accepted. Subject to the same character and formatting
restrictions as apply to all registrations in the Registry TLD, if a trademark
or service mark registration incorporates design elements, the ASCII character
portion of that mark may qualify to be a Phase I Defensive Registration.
(2)
Phase II Defensive Registrants may apply for a Defensive Registration for any
string or combination of strings.
(3)
Defensive Registrants, whether Phase I or Phase II shall comply with the
following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm, the
summary of which is as follows:
(1) There are two levels of Defensive
Registrations, each of which is subject to payment of a separate fee;
(2) Multiple persons or entities may obtain
identical or overlapping Defensive Registrations upon payment by each of a
separate registration fee;
(3) The Defensive Registrant must provide the
information requested in Section 3(i) below;
(4)
A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or string.
3. PROVISION OF
REGISTRATION DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. You must provide contact information, including name, email address,
postal address and telephone number, for use in disputes relating to the
Defensive Registration. You understand and agree that this contact information
will be provided as part of the Whois record for the
Defensive Registration. You further understand that the foregoing registration
data may be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
In
addition to the information provided in subsection 1. above,
Phase I Defensive Registrants must also provide:
(1) the name, in
ASCII characters, of the trademark or service mark being registered;
(2) the date the
registration issued;
(3) the country of
registration; and
(4) the registration
number or other comparable identifier used by the registration authority.
4. DISPUTE POLICY
If
you registered a Defensive Registration, you agree that:
(1)
the Defensive Registration will be subject to challenge
pursuant to the Eligibility Requirements Dispute Resolution Policy
("ERDRP");
(2)
if the Defensive Registration is successfully
challenged pursuant to the ERDRP, the Defensive Registrant will pay the
challenge fees; and
(3)
if a challenge is successful, then the Defensive
Registration will be subject to the procedures described in Section 2(h) of
Appendix L to the agreement of Global Name Registry ("Registry
Operator") with the Internet Corporation for Assigned Names and Numbers
("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(4)
if a Phase I Defensive Registration is successfully
challenged on the basis that it did not meet the applicable Eligibility
Requirements, the Defensive Registrant will thereafter be required to
demonstrate, at its expense, that it meets the Eligibility Requirements for
Phase I Defensive Registrations for all other Phase I Defensive Registrations
that it registered within .NAME through any Registrar. In the event that the
Defensive Registrant is unable to demonstrate the foregoing with respect to any
such Phase I Defensive Registration(s), those Defensive Registration(s) will be
cancelled;
(5)
The ERDRP applies to, among other things, challenges to Defensive Registrations
within .NAME and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive
Registrants may be asked to give their consent to allow individuals to share a
part of their space. For example, if you have filed a Defensive Registration on
PQR (which blocks out ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be
asked to give consent to John Pqr to register
JOHN.PQR.name if he can prove that PQR is his name. In such a circumstance, you
will have five (5) days to respond to a request for consent.
APPENDIX 'H'
.US DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .US domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes the legal rights of
any third party;
(2)
you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder;
(3)
you agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for
cancellation of the domain
(http://www.neustar.us/the-ustld-nexus-requirements/);
(4)
you are of legal age to enter into this Agreement;
(5)
you agree to comply with all . usTLD Administrator Reservation of Rights policy
displayed at http://www.neustar.us/ustld-administrator-reservation-of-rights/
and the Policy Statement by usTLD Administrator
displayed at http://www.neustar.us/policy-statement-by-ustld-administrator/
(6)
you agree to comply with the usTLD
Acceptable Use Policy displayed at
http://www.neustar.us/ustld-acceptable-use-policy/
(7)
you agree to comply with all Registry Operator
policies regarding the use of proxy domain name services. You further agree that if you license the use
of a domain name to a third party you are nonetheless the Registered Name
Holder and are responsible for providing your own full contact information and
for providing and updating accurate technical and administrative contact
information pursuant to the Registration Agreement and that you shall accept
liability for harm caused by wrongful use of the domain.
(8)
you certify that the Registered Name Holder meets the
requirements set out in the usTLD Nexus Requirements
Policy (http://www.neustar.us/the-ustld-nexus-requirements/) and that the
Registered Name Holder is either:
(1) a citizen or permanent resident of the
United States of America or any of its possessions or territories, whose
primary place of domicile is in the United States of America or any of its
possessions; or
(2) a United States 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 (including a federal, state, or local government of
the United States, or a political subdivision thereof); or
(3) a foreign entity
or organization that has a bona fide presence in the United States
(9)
you consent to the data processing as required by the Whois Accuracy Program Specification (http://www.neustar.us/data-accuracy/)
and the .US Privacy Policy (http://www.neustar.us/us-privacy-statement-v-2/).
2. PROVISION OF
REGISTRATION DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal address, e-mail
address, voice telephone number, and fax number if available of the Registrant;
(2)
the primary nameserver and
secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the technical contact for the
domain name;
(4)
the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative contact for
the domain name;
(5)
the name, postal address, e-mail address, voice
telephone number, and fax number if available of the billing contact for the
domain name;
(6)
any other data NeuStar, as
the Registry, requires be submitted to it, including specifically information
regarding the primary purpose for which a domain name is registered (e.g.,
business, education, etc.); and
3. GOVERNMENT USE OF
DATA
You
understand and agree that the U.S. Government shall have the right to use,
disclose, reproduce, prepare derivative works, distribute copies to the public,
and perform publicly and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data provided by
Registrant. "Data" means any recorded information, and includes
without limitation, technical data and computer software, regardless of the
form or the medium on which it may be recorded.
4. DOMAIN DISPUTE
POLICY
You
agree to submit to proceedings under Domain Dispute policies set forth by
Neustar. These policies are available at http://www.neustar.us and are hereby
incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION
OR TRANSFER
Your
registration of the domain name shall be subject to suspension, cancellation,
or transfer:
(1)
pursuant to any usTLD
Administrator adopted specification or policy, or pursuant to any registrar or usTLD Administrator procedure not inconsistent with a usTLD Administrator adopted specification or policy; or
(2)
to correct mistakes by Registrar or the usTLD Administrator in registering the name; or
(3)
for the resolution of disputes concerning the domain
name.
APPENDIX 'I'
.IN DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .IN domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
neither the registration of the domain name nor the manner in which it is
directly or indirectly used, infringes the legal rights of any third party,
breaks any applicable laws or regulations, including discrimination on the
basis of race, language, sex or religion, is used in bad faith or for any
unlawful purpose;
(2)
your registered domain name is not contrary to public
policy and the content of the website does not violate any Indian Laws.
2. DOMAIN DISPUTE
POLICY
You
agree to be bound by the dispute policies as decided by the .IN Registry and
published at http://www.registry.in that are incorporated herein and made a
part of this Agreement by reference.
APPENDIX 'J'
.EU DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .EU domain name, the Registrant, must also agree to the
following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes the legal rights of
any third party;
(2)
you have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder;
(3)
you are registering an .eu
domain name as either:
(1) an undertaking
having its registered office, central administration or principal place of
business within the European Union Community; or
(2) an organization
established within the EU Community without prejudice to the application of
national law; or
(3) a natural person
resident within the EU Community.
(4) you are of legal
age to enter into this Agreement; and
(5) you agree to
comply with all applicable laws, regulations and policies of the .EU Registry.
The details of the same can be obtained from http://www.eurid.eu/.
2. PROVISION OF REGISTRATION
DATA
As
part of the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes:
(1)
the full name of the Registrant; where no name of a company or organization is
specified, the individual requesting registration of the Domain Name will be
considered the Registrant; if the name of the company or the organization is
specified, then the company or organization is considered the Registrant;
(2)
address and country within the European Union
Community:
(1) where the
registered office, central administration or principal place of business of the
undertaking of the Registrant is located; or
(2) where the organization
of the Registrant is established; or
(3) where the
Registrant resides;
(3)
e-mail address of the Registrant;
(4)
the telephone number where the Registrant can be
contacted.
3. DOMAIN DISPUTE
POLICY
You
agree to submit to proceedings under Domain Dispute policies set forth by the
EU Registry. These policies are available in the EU Regulation 874/2004 at
http://www.eurid.eu and are hereby incorporated and made an integral part of
this Agreement.
5. SUSPENSION,
CANCELLATION OR TRANSFER
Your
registration of the domain name shall be subject to suspension, cancellation,
or transfer:
(1)
pursuant to the rules set forth by the EU Registry within the EU Regulation
874/2004 or any other policy listed at http://www.eurid.eu/; or
(2)
to correct mistakes by Registrar or the EU Registry in
registering the name; or
(3)
for the resolution of disputes concerning the domain
name.
APPENDIX 'K'
PRIVACY PROTECTION
SERVICE SPECIFIC CONDITIONS
1. DESCRIPTION OF
SERVICES
The
Privacy Protection Service hides the contact details of the actual owner from
appearing in the Whois Lookup Result of his domain
name.
2. IMPLEMENTATION
DETAILS
(1)
Registrant acknowledges and agrees that the contact information being displayed
in the Whois of a privacy protected Domain Order will
be those designated by the Registrar, and
(1) any mail
received via post at this Address would be rejected;
(2) any telephone
call received at this Telephone Number, would be greeted with an electronic answering
machine requesting the caller to email the email address listed in the Whois of this privacy protected domain name;
(3) the sender of
any email to an email address listed in the Whois of
this privacy protected domain name, will get an automated response email asking
them to visit the URL http://www.privacyprotect.org/ to contact the Registrant,
Administrative, Billing or Technical Contact of a privacy protected domain name
through an online form. This message would be relayed as an email message via
http://www.privacyprotect.org/ to the actual Registrant, Administrative,
Billing or Technical Contact email address in the WebHero Registration
Database.
(2)
Registrant agrees that we can not guarantee delivery
of messages to either the Registrant, Administrative, Billing, Technical
Contact, or Customer of a privacy protected Order, and that such message may
not be delivered in time or at all, for any reason whatsoever. Registrar and
Service Providers disclaim any and all liability associated with non-delivery
of any messages relating to the Domain Order and this service.
(3)
Registrant understands that the Privacy Protection Service is only available
for certain TLDs.
(4)
Irrespective of whether Privacy Protection is enabled or not, Registrants are
required to fulfill their obligations of providing true and accurate contact
information as detailed in the Agreement.
(5)
Registrant understands and acknowledges that Registrar in its sole, unfettered
discretion, can discontinue providing Privacy Protection Services on the Order
for any purpose, including but not limited to:
(1) when required by
a valid court order;
(2) when required by
the applicable registry rules or policies;
(3) pursuant to any
applicable laws, government rules or requirements, requests of law enforcement
agency;
(4) when the
registrant fails to renew the service;
(5) when required to
respond to an ICANN approved UDRP or URS service provider;
(6) when a domain
name is suspended for a violation of Registrar-Registrant agreement, Acceptable
usage policy, or other Terms of services applicable to the customer, domain
name or whois privacy service;
(7) for any other
reason that Registrar in its sole discretion deems appropriate to switch off
the Privacy Protection Services.
(6)
Registrant understands and acknowledges that Registrar in its sole, unfettered
discretion, can DISCLOSE the underlying registrant data to a requesting party
in the following circumstances:
(1) When required to comply with the
applicable registry rules or policies;
(2) When required to respond to a valid
subpoena or warrant;
(3) On receiving information request from a
Law Enforcement Agency or any Government body authorized to act on behalf of
the Law Enforcement Agency.
3. INDEMNITY
Registrant
agrees to release, defend, indemnify and hold harmless Registrar, Service
Providers, PrivacyProtect.org, and their parent companies, subsidiaries,
affiliates, shareholders, agents, directors, officers and employees, from and
against any and all claims, demands, liabilities, losses, damages or costs,
including reasonable attorney's fees, arising out of or related in any way to
the Privacy Protection services provided hereunder.
APPENDIX
'L'
.UK DOMAIN NAME SPECIFIC
CONDITIONS
If
the Order is a .UK domain name, the Registrant, must
also agree to the following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that registering a .UK domain name,
involves you contracting with the Nominet which is
the .UK Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.nominet.org.uk/go/terms.
(2)
you agree to comply with all applicable laws,
regulations and policies of Nominet available on
their website at
http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
2. EXPIRED DOMAIN
POLICY
.UK
domain owner can contact the Registrar of their domain name upto
6 months prior to domain expiry date to get their domain name renewed. Not
renewing .UK domain name before its expiry date will result in suspension of
the domain registration and other services associated with the domain name.
After the expiry, .UK domain name will enter the renewal grace period of 90
days and Registrar will allow the domain owner to renew their domain name at
normal renewal price for this period. If the domain name is not renewed within
the 90 day period, it will be deleted and make available for fresh registration
by .UK registry.
3. DOMAIN DISPUTE
POLICY
You
agree to submit to proceedings under the Dispute Resolution Service Policy set
forth by Nominet. These policies are available at
http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure and are
hereby incorporated and made an integral part of this Agreement.
APPENDIX 'M'
.TRAVEL DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .TRAVEL domain name, the Registrant, must also agree to the
following terms:
1. PROVISION OF
REGISTRATION DATA
Over
and above the obligations already described in this Agreement, you are required
to provide us the UIN (Unique Identification Number), as issued by the .TRAVEL
Registry to an entity that is eligible to hold a .travel domain name.
2. DOMAIN DISPUTE
POLICY
You
agree to be bound by the current .TRAVEL TLD Charter Eligibility Dispute
Resolution Policy as well as the Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/ that are incorporated herein and made a
part of this Agreement by reference.
APPENDIX 'N'
.WS DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .WS domain name, the Registrant, must also agree to the following
terms:
1. GOVERNMENT USE OF
DATA
You
understand and agree that the .WS Registry shall have the right to use,
disclose, reproduce, prepare derivative works, distribute copies to the public,
and perform publicly and display publicly, in any manner and for any purpose
whatsoever and to have or permit other to do so, all Data provided by You.
"Data" means any recorded information, and includes without
limitation, technical data and computer software, regardless of the form or the
medium on which it may be recorded.
2. DOMAIN DISPUTE
POLICY
You
agree to be bound by the current Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'O'
.COOP DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .COOP domain name, the Registrant, must also agree to:
(1)
the terms and conditions of the .COOP Registration
Agreement with the .COOP Sponsor DCLLC (DotCoop
Limited Liability Company), available at
http://www.nic.coop/media/3345/111102_-_registration_agreement.pdf; and
(2)
the Verification & Eligibility Policy available at
http://www.nic.coop/media/1571/Verificationpolicy.pdf; and
(3)
the Charter Eligibility Dispute Resolution Policy
("CEDRP") and DotCoop Domain Name Dispute
Resolution Policy ("DCDRP") found at http://www.nic.coop/dispute.asp;
and
(4)
the Transfer Policy found at
http://www.nic.coop/media/1509/DotCoop%20Policy%20on%20Transfer%20of%20Registrations%20between%20Registrars.pdf
all of the above included herein by reference.
Where
there is a conflict, contradiction or inconsistency between the provisions of
this Appendix (.COOP DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN
REGISTRANT AGREEMENT, the provisions of this Appendix shall prevail in respect
of all .COOP domain name registrations only.
In
particular we draw the following to your attention:
1. ELIGIBILITY AND
PRIVACY
You
agree:
(1)
to meet all eligibility requirements mandated by .COOP
Sponsor for registration of a .COOP name, as set forth in the .COOP Charter set
out in
http://www.icann.org/tlds/agreements/coop/sponsorship-agmt-att1-05nov01.htm.
(2)
in the event you are found not to be entitled to register a .COOP domain name
for failure to meet .COOP Sponsor eligibility requirements, that the domain
name may not be registered (and, if already registered, it will be deleted).
You release the .COOP Sponsor from any and all liability stemming from deletion
of any domain name. Deleted .COOP names will be returned to the pool of names
available for registration. The privacy statement, located on the .COOP
Sponsor's Web site at
http://www.nic.coop/media/5687/privacy_policy_-_120328.pdf and incorporated
herein by reference sets forth your and the .COOP Sponsor's rights and
responsibilities with regard to your personal information.
2. APPLICABLE
POLICIES
You
agree to adhere to the .COOP policies set forth on http://www.nic.coop,
including but not limited to the requirement that third-and-higher-level domain
names within your second level domain may only be used internally by you
(absent a written license from the .COOP Sponsor).
3. DOMAIN NAME
DISPUTES
You
agree that, if your use of our domain name registration services is challenged
by a third party, you will be subject to the provisions specified in the .COOP
Sponsor's dispute policy as found at
http://www.nic.coop/media/3042/.coop_dispute_policy.pdf as it may be modified
at the time of the dispute. You agree that in the event a domain name dispute
arises with any third party, you will indemnify and hold your .COOP Registrar
and the .COOP Sponsor harmless pursuant to the terms and conditions set forth
in the .COOP Domain Name Specific Conditions. If the .COOP Registrar or Sponsor
are notified that a complaint has been filed with a judicial or administrative
body regarding your use of our domain name registration services, you agree not
to make any changes to your domain name record without prior approval.
Registrar may not allow you to make changes to such domain name record until (i) Registrar is directed to do so by the judicial or
administrative body, or (ii) Registrar receives notification by you and the
other party contesting your registration and use of our domain name
registration services that the dispute has been settled.
APPENDIX 'P'
CentralNIC DOMAIN NAME SPECIFIC CONDITIONS
If
the Order is either a AE.ORG, .BAR, BR.COM, CN.COM, COM.DE, DE.COM, EU.COM,
GB.COM, GB.NET, GR.COM, HU.COM, JPN.COM, KR.COM, .LA, NO.COM, QC.COM, .REST,
RU.COM, SA.COM, SE.COM, SE.NET, UK.COM, UK.NET, US.COM, UY.COM, .XYZ, ZA.COM,
.RENT, .LOVE, .COLLEGE, .DESIGN, .FANS, .US.COM, .UK.COM, .GB.NET, .COM.DE,
.CN.COM, .BR.COM, .GR.COM, .DE.COM, .AE.ORG, .QC.COM, .EU.COM, .SE.NET,
.RU.COM, .HU.COM, .SE.COM, .NO.COM, .UK.NET, .SA.COM, .JPN.COM, .UY.COM,
.KR.COM, .ZA.COM, .GB.COM, .FEEDBACK, .PROTECTION, .SECURITY or .THEATRE domain
name, the Registrant, must also agree to the following terms:
1. GOVERNMENT USE OF
DATA
You
understand and agree that CentralNic shall have the
right to use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform publicly and display publicly, in any manner and for
any purpose whatsoever and to have or permit other to do so, all Data provided
by Registrant. "Data" means any recorded information, and includes
without limitation, technical data and computer software, regardless of the
form or the medium on which it may be recorded.
2. DOMAIN DISPUTE
POLICY
You
agree to submit to proceedings under Domain Dispute policies set forth by CentralNic. These policies are available at
http://www.centralnic.com and are hereby incorporated and made an integral part
of this Agreement.
APPENDIX 'Q'
.MOBI DOMAIN NAME SPECIFIC
CONDITIONS
If
the Order is a .MOBI domain name, the Registrant, must also agree to the
following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that registering a .MOBI domain name,
involves you contracting with mTLD which is the .MOBI
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://mtld.mobi/system/files/Registrar-Registrant+Agreement+Text+%5BJan+09+revision%5D.pdf.
(2)
you agree to comply with all applicable laws,
regulations and policies of mTLD available on their
website at http://www.mtld.mobi/.
2. DOMAIN DISPUTE
POLICY
You
agree to be bound by the current Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'R'
.ASIA DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .ASIA domain name, the Registrant, must
also agree to the following terms:
1. DEFINITIONS
(1)
"Charter Eligibility Declaration Contact" ("CED Contact")
is a contact that is designated to make the declaration that it meets the
Charter Eligibility Requirement for registering a
.ASIA domain name.
(2)
"Charter Eligibility Requirement" means the eligibility requirement
set out in the .ASIA Charter, that the Registered Name Holder is required to
comply with. The policy for such requirement, the "Charter Eligibility
Requirement Policy" is stated on DotAsia's
website at http://policies.registry.asia.
2. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that registering a .ASIA domain name,
involves you contracting with the .ASIA Registry, and agreeing to their Terms
and Conditions of Domain Name Registration available on their website at
http://policies.registry.asia.
(2)
you are aware that every .ASIA domain name must
specify a CED Contact, that is a legal entity or natural person in the DotAsia Community. The DotAsia
Community is defined based on the geographical boundaries described by the
ICANN Asia / Australia / Pacific region
(http://www.icann.org/montreal/geo-regions-topic.htm).
(3)
you are aware that in the event you do not have a
legal entity or natural person in the DotAsia
Community, the Registrar allows you to designate a Registrar-assigned CED
Contact, to facilitate your .asia domain name
registration.
(4)
you have made known to the Charter Eligibility Declaration Contact (CED
Contact), and the CED Contact has agreed, that the Registrant Contact and the
CED Contact will jointly be defined as the Registered Name Holder, and that it
shall be jointly responsible for the Registered Name in the event of a dispute
or a challenge over the Registered Name Holder's legal entitlement to or the
ownership of the Registered Name. The CED Contact shall be bound by the
provisions in the DotAsia Organization Limited's
.ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder acting as Registrant Contact agrees that it has obtained
an agreement from the CED Contact that the Registrant Contact shall remain the
Operating Contact for all operations of the domain, including but not limited
to domain transfer and updates.
(5)
in the event of a domain name dispute both the CED
Contact and the Registrant Contact can be named as the responding party, the
CED Contact however is responsible only for acknowledging the dispute
proceedings and to refer the case to the Registrant Contact. The Registrant
Contact shall remain solely responsible for all operations and liabilities
regarding the use of the domain.
3. DOMAIN DISPUTE
POLICY
You
agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution
Policy (UDRP), available at http://www.icann.org/dndr/udrp/policy.htm and
ICANN's Charter Eligibility Dispute Resolution Policy (CEDRP), available at
http://www.icann.org/udrp/cedrp-policy.html, that are
incorporated herein and made a part of this Agreement by reference.
APPENDIX 'S'
.ME DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .ME domain name, the Registrant, must also agree to the
following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that registering a .ME domain name,
involves you contracting with the doMEn, d.o.o. Registry which is the .ME Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://www.domain.me/.
(2)
you agree to comply with all applicable laws,
regulations and policies of doMEn, d.o.o. available on their website at http://www.domain.me/.
2. DOMAIN DISPUTE
POLICY
You
agree to submit to proceedings under the Dispute Resolution Service Policy set
forth by doMEn, d.o.o.. These policies are available at http://www.domain.me/ and
are hereby incorporated and made an integral part of this Agreement.
APPENDIX 'T'
.TEL DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .TEL domain name, the Registrant, must also agree to the
following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that registering a .TEL domain name,
involves you contracting with the telnic which is the
.TEL Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.telnic.org/.
(2)
you are aware that registering a .TEL domain name, requires you to submit atleast one communications contact such as a telephone
number, an email address, an instant-messaging handle or a web link associated
with you.
2. DOMAIN DISPUTE
POLICY
You
agree to be bound by the current Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'U'
LIST OF TLDS
REGISTRAR IS AUTHORIZED TO PROVIDE DOMAIN NAME REGISTRATION AND MANAGEMENT
SERVICES
.COM, .NET (through Registrar Catalog.com)
.ORG (through Registrar Catalog.com)
.BIZ (through Registrar Catalog.com)
.INFO (through Registrar Catalog.com)
.NAME and .NAME Defensive Registrations and
.NAME Mail Forwards (through Registrar Catalog.com)
.US (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.IN (through Registrar Endurance Domains
Technology Pvt. Ltd)
.EU (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.UK (through Registrar Catalog.com)
.TRAVEL (through Registrar Directi Internet Solutions Pvt. Ltd. D/B/A
PublicDomainRegistry.com)
.WS (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.COOP
(through Registrar Domains.coop Ltd.)
CentralNIC
(through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.MOBI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ASIA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ME (through Registrar Catalog.com)
.TEL (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.MN, .BZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CC, .TV (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CN (through Registrar PDR Ltd.)
.NZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CA (through Registrar
PublicDomainRegistry.com Inc)
.DE (through Registrar Directi
Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.ES (through Registrar Directi
Internet Solutions Pvt. Ltd. d/b/a PublicDomainRegistry.com)
.AU (through Registrar Public Domain
Registry Pty Ltd.)
.RU (through Registrar RU-Center)
.XXX (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.PRO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.SX (through Registrar PDR Ltd.)
.PW (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.IN.NET (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.CO.DE (through Registrar PDR Ltd.)
.LA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
Donuts (through Registrar PDR Ltd.)
.CLUB (through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.UNO (through Registrar PDR Ltd.)
.MENU (through Registrar PDR Ltd.)
.BUZZ (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.LONDON (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.BID
(through Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.TRADE (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.WEBCAM (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
RIGHTSIDE REGISTRY (through Registrar PDR Ltd.)
RADIX REGISTRY (through Registrar PDR Ltd.
d/b/a PublicDomainRegistry.com)
.OOO (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.DESI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
Afilias New gTlds
(through Registrar PDR Limited)
.SOY (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
UNIREGISTRY (through Registrar PDR Ltd.
d/b/a PublicDomainRegistry.com)
GMO (through Registrar PDR Ltd.)
PUBLIC INTEREST REGISTRY (through Registrar
PDR Ltd. d/b/a PublicDomainRegistry.com)
.WANG (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.BUILD (through Registrar PDR Ltd.)
.LUXURY (through Registrar PDR Ltd.)
.GLOBAL (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.VEGAS (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.BERLIN (through Registrar PDR Ltd.)
.CAREER (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.QUEBEC (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.WIEN (through Registrar NetzAdresse)
.NYC (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
TOP LEVEL DOMAIN HOLDINGS LIMITED (through
Registrar PDR Ltd. d/b/a PublicDomainRegistry.com)
.CAPETOWN (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.DURBAN (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.JOBURG (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ADULT (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.PORN (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.VOTE (through Registrar PDR Ltd.)
.VOTO (through Registrar PDR Ltd.)
.SHABAKA (through Registrar PDR Ltd.)
.BEST (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.भारत (through Registrar
PDR Ltd. d/b/a PublicDomainRegistry.com)
.KIWI (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.ONE (through Registrar PDR Ltd.)
.SKI (through Registrar PDR Ltd.)
TLD REGISTRY LTD. (through Registrar PDR
Ltd.)
.RICH (through Registrar LogicBoxes Naming
Services Ltd)
.ONL (through Registrar LogicBoxes Naming
Services Ltd)
.TIROL (through Registrar NetzAdresse)
.移动 (through Registrar
PDR Limited)
.FANS (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.YACHTS (through Registrar Dominion
Enterprise)
.BOATS (through Registrar Dominion
Enterprise)
.YOGA (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.GAME (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.LIVE (through Registrar PDR Ltd.)
.MEN (through Registrar PDR Ltd.)
.NEWS (through Registrar PDR Ltd.)
.ONLINE (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.REHAB (through Registrar PDR Ltd.)
.STUDIO (through Registrar PDR Ltd.)
.BIO (through Registrar PDR Ltd.)
.ARCHI (through Registrar PDR Ltd.)
.FAMILY (through Registrar PDR Ltd.)
.CO.COM (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
.JOBS (through Registrar PDR Ltd. d/b/a
PublicDomainRegistry.com)
APPENDIX 'V'
.CN DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .CN domain name, the Registrant, must also agree to the
following terms:
1. REPRESENTATIONS
AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .CN domain name, involves you contracting with the
CNNIC which is the .CN Registry, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at http://www.cnnic.cn.
2. DOMAIN DISPUTE
POLICY
If
the Order is a .CN domain name, the Registrant, must also agree to be bound by
the current CNNIC Domain Name Dispute Resolution Policy, available at
http://www.cnnic.cn/ that is incorporated herein and made a part of this
Agreement by reference.
APPENDIX 'W'
.NZ DOMAIN NAME
SPECIFIC CONDITIONS
Registrar
and registrant are bound by the policies, at http://dnc.org.nz/policies, that
are incorporated herein and made a part of this Agreement by reference.
In
the case of any conflict between .NZ and this agreement, the .NZ terms apply.
If the Order is a .NZ domain name the following
applies:
1. REGISTER IS THE
RECORD
For
all purposes the details shown in the .NZ register shall be treated as correct
and the authoritative record.
2. CANCELLATION OF A
DOMAIN NAME
If
we are going to cancel the registration of a domain name registered to you as a
result of you not paying our charges relating to its renewal, we will give you
fourteen days notice before we initiate action to
cancel that domain name.
3. LAW AND
JURISDICTION APPLYING TO THIS APPENDIX
To
the extent legally permitted, you agree that:
(1)
all services of the .NZ Registry are provided under
New Zealand law.
(2)
any claim or dispute arising out of or in connection
with this agreement must be instituted within 60 days from the date the
relevant service was supplied to you.
(3)
except as otherwise stated, you may take action
against us only in a New Zealand court.
4. CANCELLING THE
AGREEMENT
We
may cancel or suspend this agreement by giving you one month's notice.
5.
REGISTRAR-REGISTRAR TRANSFER
The
Registrant acknowledges and agrees that during the first five days after
initial registration of the Order the Registrant may not be able to transfer
the Order to another Registrar.
APPENDIX 'X'
.CO DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .CO domain name, the Registrant, must also agree to the
following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .CO domain name, involves you contracting with the .CO
Internet S.A.S which is the .CO Administrator, and agreeing to their Terms and
Conditions of Domain Name Registration available on their website at
http://www.cointernet.co/.
2.
LAW AND JURISDICTION
To
the extent legally permitted, you agree that:
(1)
all services of the .CO Registry are provided under
laws of Colombia.
(2)
any disputes, claims or controversies arising out of the registration,
ownership, use, transfer, assignment, loss, cancellation, or suspension of any
Registered Name or otherwise relating to the .CO TLD between Registrant and the
.CO Registry shall be governed exclusively by the laws of Colombia and that any
such disputes, claims or controversies shall be brought and heard exclusively
in the courts located in Bogota, Colombia.
3.
DOMAIN DISPUTE POLICY
If
the Order is a .CO domain name, the Registrant acknowledges having read and
understood and agrees to be bound by the terms and conditions of the Uniform
Domain Name Dispute Resolution Policy adopted by ICANN, available at
http://www.icann.org/en/udrp/udrp-policy-24oct99.htm (the "UDRP"), as
the same may be amended from time to time and which is hereby incorporated and
made an integral part of this Agreement.
APPENDIX 'Y'
.CA DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .CA domain name, the Registrant, must also agree to the terms
within the .CA Registrant Agreement displayed at the time of registering a .CA
domain name and while assigning a new Registrant Contact for the domain name.
Where
there is a conflict, contradiction or inconsistency between the provisions of
this Appendix (.CA DOMAIN NAME SPECIFIC CONDITIONS) and this DOMAIN REGISTRANT
AGREEMENT, the provisions of this Appendix shall prevail in respect of all .CA
domain name registrations only.
APPENDIX 'Z'
.DE DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .DE domain name, the Registrant, must also agree to the
following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .DE domain name, involves you contracting with the
DENIC eG (DENIC) which is the .DE Registry, and
agreeing to their Terms and Conditions of Domain Name Registration available on
their website at http://www.denic.de/en/domains.html.
2.
LAW AND JURISDICTION
To
the extent legally permitted, you agree that:
(1)
all services of the .DE Registry are provided under
laws of Germany.
(2)
either the Registrant or the Administrative Contact of
your .DE domain name is domiciled in Germany and would be legally able to
receive German Court documents and/or summons.
(3)
any disputes, claims or controversies arising out of the registration,
ownership, use, transfer, assignment, loss, cancellation, or suspension of any
Registered Name or otherwise relating to the .DE TLD between Registrant and the
.DE Registry shall be governed exclusively by the laws of Germany and that any
such disputes, claims or controversies shall be brought and heard exclusively
in the courts located in Germany.
3.
DOMAIN DISPUTE POLICY
If
the Order is a .DE domain name, the Registrant, must also agree to be bound by
the current DENIC Domain Name Dispute Resolution Policy, available at
http://www.denic.de/en/domains.html that is incorporated herein and made a part
of this Agreement by reference.
APPENDIX 'AA'
.ES DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .ES domain name, the Registrant, must
also agree to the following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .ES domain name, involves you
contracting with the Red.es (ESNIC) which is the .ES Registry, and agreeing to
their Terms and Conditions of Domain Name Registration available on their
website at http://www.dominios.es/.
2.
LAW AND JURISDICTION
To
the extent legally permitted, you agree that:
(1)
all services of the .ES Registry are provided under
laws of Spain.
(2)
any disputes, claims or controversies arising out of the registration,
ownership, use, transfer, assignment, loss, cancellation, or suspension of any
Registered Name or otherwise relating to the .ES TLD between Registrant and the
.ES Registry shall be governed exclusively by the laws of Spain and that any
such disputes, claims or controversies shall be brought and heard exclusively
in the courts located in Spain.
3.
DOMAIN DISPUTE POLICY
If
the Order is a .ES domain name, the Registrant, must
also agree to be bound by the current ESNIC Domain Name Dispute Resolution
Policy, available at http://www.dominios.es/ that is incorporated herein and
made a part of this Agreement by reference.
APPENDIX 'AB'
.AU DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .AU domain name, then the following terms
apply:
1.
REGISTRANT REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief:
(1)
you are aware that auDA (.au
Domain Administration Limited, ACN 079 009 340) is the .AU Domain Names
Administrator.
(2)
you are aware that you must comply with all auDA Published Policies (listed at http://www.auda.org.au),
as if they were incorporated into, and form part of, this agreement. In the
event of any inconsistency between any auDA Published
Policy and this agreement, then the auDA Published
Policy will prevail to the extent of such inconsistency.
(3)
you are aware that the Registrar acts as agent for auDA for the sole purpose, but only to the extent
necessary, to enable auDA to receive the benefit of
rights and covenants conferred to it under this agreement. auDA is an intended third party beneficiary of this
agreement.
(4)
all information provided to register or renew the registration of the domain
name (including all supporting documents, if any) are true, complete and
correct, and are not misleading in any way, and the application is made in good
faith.
(5)
you acknowledge that under the auDA
Published Policies there are mandatory terms and conditions that apply to all
domain names licences, and such terms and conditions
are incorporated into, and form part of, this agreement.
(6)
you meet and will continue to meet, the eligibility
criteria prescribed in auDA Published Policies
(http://www.auda.org.au/policy/current-policies/) for the domain name for the
duration of the domain name.
(7)
you have not previously submitted an application for
the domain name with another Registrar using the same eligibility criteria, and
the other Registrar has rejected the application.
(8)
you are aware that even if the domain name is accepted
for registration, the Registrant's entitlement to register the domain name may
be challenged by others who claim to have an entitlement to the domain name.
(9)
you are aware that auDA or
the Registrar may cancel the registration of the domain name if any of the
warranties set out above is found to be untrue, incomplete, incorrect or
misleading.
(10)
you are aware of auDA's
WHOIS policy at http://www.auda.org.au/whois-policy/, which sets out auDA's guidelines on the collection, disclosure and use of
WHOIS data.
2.
LIABILITIES AND INDEMNIFICATION
(1)
To the fullest extent permitted by law, auDA will not
be liable to Registrant for any direct, indirect, consequential, special,
punitive or exemplary losses or damages of any kind (including, without
limitation, loss of use, loss or profit, loss or corruption of data, business
interruption or indirect costs) suffered by Registrant arising from, as a
result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
(2)
Registrant agrees to indemnify, keep indemnified and hold auDA,
its employees, agents and contractors harmless from all and any claims or
liabilities, arising from, as a result of, or otherwise in connection with,
Registrant's registration or use of its .au domain name.
(3)
Nothing in this document is intended to exclude the operation of Trade
Practices Act 1974.
3.
DOMAIN DISPUTE POLICY
You
agree to be bound by the current auDRP Dispute
Resolution Policy, available at http://www.auda.org.au/policy/current-policies/
that is incorporated herein and made a part of this Agreement by reference.
4.
REGISTRAR SUPPORT
First
level of support is available through the Registration Partner, from whom you
have registered your .AU domain name. Contact details of this organization may
be obtained from http://publicdomainregistry.com/support/.
If
this organization is not able to provide timely assistance to the domain name
owner, you may contact Registrar Public Domain Registry Pty Ltd.'s 24x7 online
Support Team at http://resources.publicdomainregistry.com/compliance/.
To
know more about your .AU domain name or to get in touch with the .AU Registry,
refer http://www.auda.org.au/help/faq-index/.
5.
REGISTRAR ADDRESS
Public
Domain Registry Pty Ltd.
ACN:
141 141 988
ABN:
25 141 141 988
14,
Lever Street, Albion
Brisbane,
Queensland 4010
Australia
6.
DOMAIN CANCELLATION POLICY
If
the domain name must be cancelled for any reason after the Registrar allotted
Add Grace period, the domain name registrant can do so by submitting a written
application for cancellation of the domain to the Registrar.
To
cancel the domain licence:
(1)
Organizations or companies listed as the domain registrant must submit their
written request along with the legal letterhead of that organization.
(2) Individuals or sole traders must submit their
written request along with a copy of photo identification.
All
requests must be dated, signed and may be submitted by the Registrant via email
or any other medium provisioned by the Registrar.
APPENDIX 'AC'
.CC, .TV DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .CC or .TV domain name, then the following terms apply:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .CC or .TV domain name, involves you contracting with
Verisign, which is the .CC/.TV Registry, and agreeing to their .CC and .TV
registry policies available on their website at
http://www.verisigninc.com/en_US/channel-resources/become-a-registrar/verisign-domain-registrar/domain-registration/index.xhtml
and you are aware that registering a .CC, .TV domain name, requires you to
agree to:
(1)
grant Verisign (the .CC, .TV Registry) all necessary
licenses and consents to permit Verisign or its agent(s) to:
(1)
perform in Verisign's unlimited and sole discretion
Malware Scans on your .CC, .TV website.
(2)
collect, store, and process data gathered as a result
of such Malware Scans.
(3)
disclose the results of such Malware Scan (including
all data therefrom) to the Registrar. Such information can
not be considered as confidential or proprietary.
(4)
use the results of such Malware Scan (including all
data therefrom) in connection with protecting the integrity, security or
stability of the Registry.
(2)
disclaim any and all warranties, representations or
covenants that such Malware Scan will detect any and all Malware or that
Verisign is responsible for notifying the Registrar or the Registrant of any
Malware or cleaning any Malware from any Registrant's systems.
2.
LIABILITIES AND INDEMNIFICATION
You
agree to indemnify, defend and hold harmless Verisign and its affiliates,
suppliers, vendors and subcontractors, and, if applicable, any ccTLD registry operators providing services and their
respective employees, directors, officers, representatives, agents and assigns
("Verisign Affected Parties") from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to, for any reason whatsoever, any Malware
Scan, the failure to conduct a Malware Scan, the failure to detect any Malware,
or the use of any data from Malware Scans.
APPENDIX 'AD'
.XXX DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .XXX domain name, the Registrant, must
also agree to the following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .XXX domain name, involves
you contracting with the ICM Registry LLC which is the .XXX Registry, and
agreeing to their Terms and Conditions of Domain Name Registration available on
their website at http://www.icmregistry.com.
2.
DOMAIN DISPUTE POLICY
You
agree to be bound by the current ICANN's Uniform Domain Name Dispute Resolution
Policy available at http://www.icann.org/udrp/udrp.htm, and ICM's Charter
Eligibility Dispute Resolution Policy (CEDRP) and ICM's Rapid Evaluation
Service (RES) available at the Registry's website, that is incorporated herein
and made a part of this Agreement by reference.
APPENDIX
'AE'
.RU
DOMAIN NAME SPECIFIC CONDITIONS
If
the Order is a .RU domain name, the Registrant, must also agree to the
following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .RU domain name, involves you contracting with
Registrar RU-Center, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at https://www.nic.ru/.
2.
LAW AND JURISDICTION
To
the extent legally permitted, you agree that all services of Registrar
RU-Center are provided under laws of the Russian Federation.
APPENDIX 'AF'
.PRO DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .PRO domain name, the Registrant, must also agree to the
following terms:
You
are aware that registering a .PRO domain name, involves you contracting with RegistryPro, and agreeing to their Terms and Conditions of
Domain Name Registration available on their website at
http://registry.pro/legal/user-terms
1. INDEMNITY
You
agree to hold harmless and indemnify RegistryPro and
Registrar, and each of their subsidiaries, affiliates, officers, agents, and
employees from and against any third party claim arising from or in any way
related to your use of the Service, including any liability or expense arising
from all claims, losses, damages (actual and consequential), suits, judgements,
litigation costs and attorneys' fees, of every kind and nature. In such a case,
Registrar will provide you with written notice of such claim, suit or action.
2. INCORPORATION OF .PRO RESTRICTIONS AND
CHALLENGE PROCESSES
You acknowledge having 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.
(A)
The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/dndr/udrp/ policy.htm
(B)
The Qualification Challenge Policy and Rules, available at
http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm;
(C)
The .pro TLD restriction requirements, available at
http://www.registrypro.pro/qualifications.htm
You
represent and warrant that, at all times during the term of domain name
registration, you will meet the .pro registration requirements set forth by RegistryPro. You are required to provide prompt notice to
the Registrar if you fail to meet such registration requirements. Registrar
and/or Registry Operator shall have the right to immediately and without notice
to you, suspend, cancel or modify a yourregistration
if, at any time you fail to meet the registration requirements.
APPENDIX 'AG'
.SX DOMAIN NAME
SPECIFIC CONDITIONS
1.
REGISTRANT REPRESENTATIONS AND WARRANTIES
1.1
You represent and certify that, to the best of your knowledge and belief you
are aware that registering a .SX domain name, involves you contracting with the
SX Registry SA which is the .SX Registry, and agreeing to their Terms and
Conditions of Domain Name Registration available on their website at
http://www.registry.sx/registrars/legal
1.2
Domain Name Holders expressly acknowledge and accept that the Registry shall be
entitled (but not obliged) to reject an Application or to delete or transfer a
Domain Name Registration:
-
that does not contain complete and accurate
information as described in these Policies, or is not in compliance with any
other provision of these Policies; or
-
to protect the integrity and stability of the Shared
Registry System, and/or the operation and/or management of the .SX TLD; or
-
in order to comply with applicable laws and regulations, and/or any decision by
a competent court or administrative authority and/or any dispute resolution
service provider the Registry may hereafter retain to oversee the arbitration
and mediation of disputes; and/or any other applicable laws, regulations,
policies or decrees; or
-
to avoid any liability on behalf of the Registry,
including their respective affiliates, directors, officers, employees,
subcontractors and/or agents; or
-
following the outcome of a Sunrise Reconsideration Proceeding.
2.
INDEMNIFICATION AND LIMITATION OF LIABILITY
2.1.
To the extent allowed under governing law, the Registry shall only be liable in
cases where willful misconduct or gross negligence is proven. In no event shall
the Registry be held liable for any indirect, consequential or incidental
damages or loss of profits, whether contractual, based on tort (including
negligence) or otherwise arising, resulting from or related to the submission
of an Application, the registration or use of a Domain Name or to the use of
the Shared Registry System or Registry Web Site, even if they have been advised
of the possibility of such loss or damages, including but not limited to
decisions taken by the Registry to register or not to register a Domain Name on
the basis of the findings of or information provided by the IP Clearinghouse
Operator, as well as the consequences of those decisions.
2.2.
To the extent allowed under applicable law, the Registry's aggregate liability
for damages shall in any case be limited to the amounts paid by the Accredited
Registrar to the Registry in relation to the Application concerned (excluding
additional fees paid by the Applicant to the Accredited Registrar or reseller,
auction fees and/or reconsideration fees). The Applicant agrees that no greater
or other damages may be claimed from the Registry (such as, but not limited to,
any fees payable or paid by the Applicant in the context of any proceedings
initiated against a decision by the Registry to register or not to register a
Domain Name). The Applicant further agrees to submit to a binding arbitration
for
disputes arising from these Policies and related to
the allocation of Domain Names.
2.3.
Applicants and Domain Name Holders shall hold the Registry harmless from claims
filed or disputes initiated by third parties, and shall compensate the Registry
for any costs or expenses incurred or damages for which they may be held liable
as a result of third parties taking action against it on the grounds that the
Applications for or the registration or use of the Domain Name by the Applicant
infringes the rights of a third party. Applicant agrees to indemnify, keep
indemnified and hold the Registry harmless from all and any claims or liabilities,
arising from, as a result of, or otherwise in connection with, Applicant's
registration or use of its .sx domain name.
2.4.
For the purposes of this Article, the term "Registry" shall also
refer to its shareholders, directors, employees, members, subcontractors, the
IP Clearinghouse Operator and their respective directors, agents, employees and
subcontractors.
2.5.
The Registry, its directors, employees, contractors and agents (including the
IP Clearinghouse Operator and the Auction Provider) are not a party to the
agreement between an Accredited Registrar and its Applicants, its Domain Name
Holders or any party acting in the name and/or on behalf of such Applicants or
Domain Name Holders.
3.
DOMAIN DISPUTE POLICY
You
agree to be bound by the Uniform Domain Dispute Resolution Policy (UDRP),
available at http://www.registry.sx/registrars/legal.html that is incorporated
herein and made a part of this Agreement by reference.
APPENDIX 'AH'
.PW DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .PW domain name, the Registrant, must also agree to the
following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .PW domain name, involves you contracting with the .PW
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.registry.pw/.
Furthermore,
you represent and certify that, to the best of your knowledge and belief you
are aware of the Domain Abuse Policy for .PW Registrants available on the
website http://www.registry.pw/
2. DOMAIN DISPUTE POLICY
You
agree to be bound by the dispute policies as decided by the .PW Registry and
published at http://www.registry.pw that are incorporated herein and made a
part of this Agreement by reference.
APPENDIX 'AI'
.IN.NET DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .IN.NET domain name, the Registrant,
must also agree to the following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .IN.NET domain name, involves
you contracting with the .IN.NET Registry, and agreeing to their Terms and
Conditions of Domain Name Registration available on their website at
http://www.domains.in.net/.
Furthermore,
you represent and certify that, to the best of your knowledge and belief you
are aware of the Domain Abuse Policy for .IN.NET Registrants available on the
website http://www.domains.in.net/anti-abuse-policy/
2.
DOMAIN DISPUTE POLICY
You
agree to be bound by the dispute policies as decided by the .IN.NET Registry
and published at http://www.domains.in.net/dispute-resolution-policy/ that are
incorporated herein and made a part of this Agreement by reference.
APPENDIX
'AJ'
.CO.DE
DOMAIN NAME SPECIFIC CONDITIONS
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .CO.DE domain name, involves you contracting with the
DNNEXT Registry which is the .CO.DE Registry, and agreeing to their CO.DE
REGISTRATION POLICY available on their website at http://dnnext.com/code/
APPENDIX 'AK'
.LA DOMAIN NAME
SPECIFIC CONDITIONS
1.
WHOIS ACCURACY
1.1
The Registrant shall provide to the registrar accurate and reliable contact
details and promptly up date them during the term of
the .LA domain registration including: full name, name of organization,
association or corporation (if applicable) postal address, email address, voice
telephone number, and fax number if available; name of authorized person in the
case of Registrant that is an organization association or corporation.
1.2
A Registrant's provision of inaccurate or unreliable information or its failure
to promptly update information provided shall constitutes material breach of
the registration agreement and shall be a basis for cancellation of the .la
registered domain name.
2
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .LA domain name, involves you contracting with the .LA
Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.la/.
3.
DOMAIN DISPUTE POLICY
You
agree to be bound by the dispute policies as decided by the .LA Registry and
published at https://www.la/e/dispute that are incorporated herein and made a
part of this Agreement by reference.
APPENDIX 'AL'
DONUTS INC. SPECIFIC
CONDITIONS -
Should
you seek to register a gTLD from a Donuts Inc.
subsidiary registry ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all Donuts Inc. subsidiary registry domain registrations. A non-exhaustive
list of Donuts Inc. gTLDs (the "Registry
TLDs") are are .BIKE, .CLOTHING, .GURU,
.HOLDINGS, .PLUMBING, .SINGLES, .VENTURES, .CAMERA, .EQUIPMENT, .ESTATE,
.GALLERY, .GRAPHICS, .LIGHTING, .PHOTOGRAPHY, .CONSTRUCTION, .CONTRACTORS,
.DIRECTORY, .KITCHEN, .LAND, .TECHNOLOGY, .TODAY, .DIAMONDS, .ENTERPRISES,
.TIPS, .VOYAGE, .CAREERS, .PHOTOS, .RECIPES, .SHOES, .CAB, .COMPANY, .DOMAINS,
.LIMO, .ACADEMY, .CENTER, .COMPUTER, .MANAGEMENT, .SYSTEMS, .BUILDERS, .EMAIL,
.SOLUTIONS, .SUPPORT, .TRAINING, .CAMP, .EDUCATION, .GLASS, .INSTITUTE,
.REPAIR, .COFFEE, .FLORIST, .HOUSE, .INTERNATIONAL, .SOLAR, .HOLIDAY,
.MARKETING, .CODES, .FARM, .VIAJES, .AGENCY, .BARGAINS, .BOUTIQUE, .CHEAP,
.ZONE, .COOL, .WATCH, .WORKS, .EXPERT, .FOUNDATION, .EXPOSED, .CRUISES,
.FLIGHTS, .RENTALS, .VACATIONS, .VILLAS, .TIENDA, .CONDOS, .PROPERTIES,
.MAISON, .DATING, .EVENTS, .PARTNERS, .PRODUCTIONS, .COMMUNITY, .CATERING,
.CARDS, .CLEANING, .TOOLS, .INDUSTRIES, .PARTS, .SUPPLIES, .SUPPLY, .FISH,
.REPORT, .VISION, .SERVICES, .CAPITAL, .ENGINEERING, .EXCHANGE, .GRIPE,
.ASSOCIATES, .LEASE, .MEDIA, .PICTURES, .REISEN, .TOYS, .UNIVERSITY, .TOWN,
.WTF, .FAIL, .FINANCIAL, .LIMITED, .CARE, .CLINIC, .SURGERY, .DENTAL, .TAX,
.CASH, .FUND, .INVESTMENTS, .FURNITURE, .DISCOUNT, .FITNESS, .SCHULE, .GRATIS,
.CLAIMS, .CREDIT, .CREDITCARD, .DIGITAL, .ACCOUNTANTS, .FINANCE, .INSURE,
.LOANS, .CHURCH, .LIFE, .GUIDE, .DIRECT, .PLACE, .DEALS, .CITY, .HEALTHCARE,
.RESTAURANT, .GIFTS, .SARL, .PIZZA, .IMMO, .BUSINESS, .NETWORK, .WORLD,
.DELIVERY, .ENERGY, .COACH, .MEMORIAL, .LEGAL, .MONEY, .TIRES, .BINGO, .CHAT,
.STYLE, .TENNIS, .APARTMENTS, .CASINO, .SCHOOL, .FOOTBALL, .GOLF, .TOURS,
.GOLD, .PLUS, .EXPRESS, .CAFE, .TEAM, .JEWELRY, .RUN, .DOG, .SHOW, .HOCKEY,
.TAXI, .COUPONS, .FYI, .MBA, .SOCCER, .THEATER, .BAND .MOVIE, .WINE, .SALON,
.GROUP, .GMBH, .LTD, .DOCTOR and .VIN.
1.
You consent to the published privacy policies of the Registry, available at
http://www.donuts.domains/policies.
2.
You acknowledge and agree Registry 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 comply with any
applicable ICANN rules or regulations, including without limitation, the
Registry Agreement; (d) to avoid any liability, civil or criminal, on the part
of Registry Operator, as well as its affiliates, subsidiaries, officers,
directors, and employees; (e) per the terms of the registration agreement; (f)
following an occurrence of any of the prohibited activities; or (g) to correct
mistakes made by Registry or any Registrar in connection with a domain name
registration. Registry also reserves the right to place upon registry lock,
hold or similar status a domain name during resolution of a dispute.
3.
You acknowledge and agree that domain names are variably priced in the Donuts
TLDs (i.e., some are Standard Names and others are Premium Names); click here
for more information from the Registry. The non-uniform registration and
renewal pricing means that a fee for one Donuts TLD may differ from another
Donuts TLD.
4.
You acknowledge and agree that registrants who hold themselves out to be
licensed medical practitioners must be able to demonstrate to the Registrar and
Registry, upon request, that they hold the applicable license.
APPENDIX 'AM'
.CLUB DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .CLUB domain name, the Registrant agrees to the following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .CLUB domain name, involves you contracting with the
.CLUB Registry, and agreeing to their Policies of Domain Name Registration
available on their website at http://nic.club/Terms/
2.
DOMAIN NAME REGISTRATION AGREEMENT
If
the Order is a .CLUB domain name, the Registrant, must also agree to the
following terms: (a) acknowledge and agree that Registry 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, as it deems necessary, in its
unlimited and sole discretion: (i) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs), (ii) to correct
mistakes made by Registry or any Registrar in connection with a domain name
registration, or (iii) for the non-payment of fees to Registry. (b) .CLUB
domain name (s) shall not be used for distributing malware, abusively operating
botnets, phishing, piracy, trademark or copyright infringement, fraudulent or
deceptive practices, counterfeiting or otherwise engaging in activity contrary
to applicable law.
3.
INDEMNIFICATION
The
REGISTERED NAME HOLDER indemnify, defend and hold harmless the Registry
Operator and Registry Service Provider and their subcontractors, subsidiaries,
affiliates, divisions, shareholders, directors, officers, employees,
accountants, attorneys, insurers, agents, predecessors, successors and assigns,
from and against any and all claims, demands, damages, losses, costs, expenses,
causes of action or other liabilities of any kind, whether known or unknown,
including reasonable legal and attorney's fees and expenses, in any way arising
out of, relating to, or otherwise in connection with the Registered Name
Holder's domain name registration. The registration agreement shall further
require that this indemnification obligation survive the termination or
expiration of the registration agreement.
4.
Domain Dispute Policy
For
disputes relating to the use of domain names, Registrant agrees to be bound and
confirm to ICANN's Uniform Rapid Suspension System or Uniform Domain Name
Dispute Resolution Policy, both as applied and amended at
http://newgtlds.icann.org/en/applicants/urs and
http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX 'AN'
.UNO DOMAIN NAME
SPECIFIC CONDITIONS
Should
you seek to register a .UNO top level domain ("Registry TLD") from
Dot Latin, LLC ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .UNO domain registrations.
1.
You acknowledge and agree Registry 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, as it deems necessary, in its unlimited
and sole discretion: (a) to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.,
RFCs), (b) to correct mistakes made by Registry or any registrar of record in
connection with a domain name registration, or (c) for the non-payment of fees
to Registry.
2.
You agree to comply with Registry's Acceptable Use policies, Terms of Service,
if any, operational standards, policies, procedures and practices, and Registry
policies as they may be instituted or updated from time to time and published
on the Registry website (http://unodominio.com/) specific to the Registry TLD
for the domain name.
3.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which Registry has monitoring responsibility.
4.
You, as the Registrant, acknowledge having 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/en/help/dndr/udrp/policy;
ii. The Uniform Rapid Suspension Procedure and Rules,
available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
iii. The Transfer Dispute Resolution Policy,
available at http://www.icann.org/en/help/dndr/tdrp.
APPENDIX 'AO'
.MENU DOMAIN NAME
SPECIFIC CONDITIONS
Should
you seek to register a .MENU top level domain ("Registry TLD") from
Wedding TLD2, LLC ("Registry", you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .MENU domain registrations.
1.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which Registry has monitoring responsibility.
2.
You agree to comply with the operational standards, policies, procedures and
practices for the .MENU TLD as established by the Registry Operator, including without
limitation the Registry Policies.
3.
You agree to be bound by the terms and conditions of initial launch established
by Registry, including without limitation land rush, and sunrise further
acknowledge Registry has no liability of any kind for any loss or liability
resulting from proceedings and processes relating to the land rush or sunrise
period, including, without limitation your ability/inability to obtain a
registered name during that period.
4.
You acknowledge and agree Registry 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 comply with any
applicable ICANN rules or regulations, including without limitation, the
Registry Agreement; (d) to avoid any liability, civil or criminal, on the part
of Registry Operator, as well as its affiliates, subsidiaries, officers,
directors, and employees; (e) per the terms of the registration agreement; (f)
following an occurrence of any of the prohibited activities; or (g) to correct
mistakes made by Registry or any Registrar in connection with a domain name
registration. Registry also reserves the right to place upon registry lock,
hold or similar status a domain name during resolution of a dispute.
5.
You hereby agree to submit to proceedings commenced under other dispute
policies as set forth by Registry, including but not limited to processes for
suspension of a domain name by claims sought by intellectual property right
holders, Internet engineering and security experts, or other competent
claimants in the purpose of upholding the stability, security, and integrity of
the .MENU Registry.
6.
Notwithstanding anything in this Registration Agreement to the contrary,
Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an
intended third-party beneficiary of this Agreement. As such, the parties to
this Registration Agreement acknowledge and agree that the third-party
beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has
relied on its third-party beneficiary rights under this Registration Agreement
in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the
third-party beneficiary rights of Wedding TLD2, LLC shall survive any
termination of this Registration Agreement.
APPENDIX 'AP'
.BUZZ DOMAIN NAME
SPECIFIC CONDITIONS
If
the Order is a .BUZZ domain name, then the following terms apply:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .BUZZ domain name, involves you contracting with the
.BUZZ Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://www.buzznames.biz/
2.
DOMAIN NAME REGISTRATION AGREEMENT
The
Registrant must (a) acknowledge and
agree that Registry 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, as it deems necessary, in its unlimited and sole discretion:
(i) to comply with specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration, or (iii) for the
non-payment of fees to Registry.
3.
INDEMNIFICATION
The
Registrant must agree to indemnify, defend and hold harmless the Registry
Operator and Registry Service Provider and their subcontractors, subsidiaries,
affiliates, divisions, shareholders, directors, officers, employees,
accountants, attorneys, insurers, agents, predecessors, successors and assigns,
from and against any and all claims, demands, damages, losses, costs, expenses,
causes of action or other liabilities of any kind, whether known or unknown,
including reasonable legal and attorney's fees and expenses, in any way arising
out of, relating to, or otherwise in connection with the Registered Name
Holder's domain name registration. The registration agreement shall further
require that this indemnification obligation survive the termination or
expiration of the registration agreement.
4.
DOMAIN DISPUTE POLICY
For
disputes relating to the use of domain names, Registrant agrees to be bound and
confirm to ICANN's Uniform Rapid Suspension System or Uniform Domain Name
Dispute Resolution Policy, both as applied and amended at
http://newgtlds.icann.org/en/applicants/urs and
http://www.icann.org/en/help/dndr/udrp, respectively.
APPENDIX 'AQ'
.LONDON DOMAIN NAME SPECIFIC
CONDITIONS
If
the Order is a .LONDON domain name, then the following terms apply:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a .LONDON domain name, involves you contracting with the
.LONDON Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at
http://www.dotlondondomains.london/terms-conditions/
2.
DOMAIN NAME REGISTRATION AGREEMENT
The
Registrant acknowledges and agrees that the Registry 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 as it deems necessary, in its
unlimited and sole discretion: (1) to comply with specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet (e.g. RFCs), (2) to correct mistakes made by the Registry or any
Registrar in connection with a domain name registration, or (3) if required by
a URS or UDRP, proceeding; (4) under the terms of the Registry Policies; (4)
for the non-payment of fees to the Registry
3.
INDEMNIFICATION
The
Registrant agrees to indemnify, defend and hold harmless the Registry and its
subcontractors, and its and their directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to, for any reason whatsoever, the Registered Name Holder's domain
name registration. The Registrar's registration agreement shall further require
that this indemnification obligation survive the termination or expiration of
the registration agreement
4.
OPERATIONAL REQUIREMENTS
The
Registered Name Holder complies with (i) ICANN
standards, policies, procedures, and practices for which the Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN; and (ii) Operational standards, policies, procedures,
and practices for the Registry TLD established from time to time by the
Registry in a non-arbitrary manner and applicable to all Registrars
("Operational Requirements"), including affiliates of the Registry,
and consistent with the Registry's Registry Agreement with ICANN, as
applicable, upon the Registry's notification to the Registrar of the
establishment of those terms and conditions. Unless shorter notice is deemed
necessary by the Registry in exceptional circumstances, additional or revised
Operational Requirements shall be effective upon ninety (90) days notice by the Registry to the Registrar
APPENDIX 'AR'
FAMOUS FOUR MEDIA
LIMITED SPECIFIC CONDITIONS -
If
the Order is either a .BID, .TRADE, .WEBCAM, .PARTY, .CRICKET, .ACCOUNTANT, .DATE,
.DOWNLOAD, .FAITH, .RACING, .REVIEW, .WIN, .MEN, .LOAN or .SCIENCE domain name,
the Registrant, you must agree to be bound by the following additional terms.
In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all domain
registrations with Famous Four Media. A non-exhaustive list of Famous Four
Media gTLDs (the "Registry TLD") can be
found at http://www.famousfourmedia.com/our-gtlds/.
1.
You agree to comply with ICANN standards, policies, procedures, and practices
for which Registry Operator has monitoring responsibility in accordance with
the Registry Agreement or other arrangement with ICANN.
2.
You agree to the operational standards, policies, procedures, and practices for
the Registry TLD (available at http://www.famousfourmedia.com/policies/) as set
forth in the Registry Agreement between the Registry Operator and ICANN, and as
established from time to time by Registry Operator in a non-arbitrary manner
and applicable to all registrars, including affiliates of registrar, and
consistent with ICANN standards, policies, procedures, and practices and
Registry Operator's Registry Agreement with ICANN, including, in particular,
any acceptable use policy (available at http://www.famousfourmedia.com/wp-content/uploads/2014/02/FFM_Acceptable_Use_and_Takedown_Policy_27_Nov_2013.pdf),
which delineates all the types of activity that define abuse and reserves the
right of the Registry Operator to take appropriate action based on the type of
abuse.
3.
You agree to all permissions, authorizations and confirmations required from
the Registered Name Holder or any other data subject which are reasonably
required by the Registry Operator or registrar of record in order to comply
with the terms of paragraph (b) immediately above.
APPENDIX 'AS'
UNITED TLD HOLDCO
LTD. SPECIFIC CONDITIONS -
If
the Order is either a .ACTOR, .AIRFORCE, .ARMY, .ATTORNEY, .AUCTION, .BAND,
.CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FORSALE,
.FUTBOL, .GIVES, .HAUS, .IMMOBILIEN, .KAUFEN, .LAWYER, .LIVE, .MARKET, .MODA,
.MORTGAGE, .NAVY, .NEWS, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .RIP,
.ROCKS, .SALE, .SOCIAL, .SOFTWARE, .STUDIO, .VET, .VIDEO or .FAMILY domain
name, you must agree to be bound by the following additional terms. In the
event that a term in this Section conflicts with the Registration Agreement,
the terms of this Section shall apply to any and all United TLD Holdco Ltd.
subsidiary registry domain registrations. A non-exhaustive list of United TLD
Holdco Ltd.
1.
These Registration Terms and Conditions ("the Registration Terms")
supplement, and are incorporated into, the agreement between you
("you"), a registrant, and the ICANN Accredited Registrar
("Registrar") that you use to register or reserve a name in the
United TLD Top Level Domain (the "Registry TLD"). As between you and
United TLD Holdco Ltd., (the "Registry" or "we"), in the
event of any conflict between this Agreement Schedule and the terms of your
agreement with Registrar (the "Registrar-Registrant Agreement"),
these Registration Terms shall prevail. These additional terms may be found at
the Registry's website http://rightside.co/.
a.
By applying to register or reserve a domain name in a Registry TLD, you represent
and warrant that neither your registration nor your use of the name will
infringe the intellectual property or other rights of any third party or
violate the Registry's Acceptable Use (Anti-Abuse) Policy mentioned at
http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
b.
You acknowledge and agree to abide by all Registry Policies set forth on the
Registry's website at http://rightside.co/rightside-registry/policies/ (the
"Registry Website"). You specifically acknowledge and agree that the
Registry Policies may be modified by the Registry, and agree to comply with any
such changes in the time period specified for compliance.
c.
You agree to comply with all applicable ICANN requirements and policies found
at www.icann.org/en/general/consensus-policies.htm.
d.
You agree to comply with all applicable laws, including those that relate to
privacy, data collection, consumer protection, fair lending, debt collection,
organic farming, disclosure of date and financial disclosures.
e.
You agree that should you use a Registry TLD to collect and or maintain
sensitive health and financial date, you implement reasonable appropriate
security measures commensurate with the offering of those services as defined
by applicable law.
f.
You represent and warrant that you have provided to your Registrar current,
complete, and accurate information in connection with your application for a
registration, and that you will correct and update this information to ensure
that it remains current, complete, and accurate throughout the term of any
resulting registration or reservation. Your obligation to provide current,
accurate, and complete information is a material element of these terms, and
the Registry reserves the right to deny, cancel, terminate, suspend, lock, or
transfer any registration or reservation if it determines, in its sole
discretion, that the information is materially inaccurate.
g.
You consent to the collection, use, processing, and/or disclosure of personal
information in the United States and in accordance with the Registry's Privacy
Policy mentioned at
http://rightside.co/fileadmin/downloads/policies/Rightside_Privacy_Policy.pdf,
and incorporated by reference here. If you are submitting information from a
country other than the country in which the Registry servers are located, your
communications with the Registry may result in the transfer of information
(including your membership account information) across international
boundaries; you consent to such transfer.
h.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP") mentioned at
https://www.icann.org/resources/pages/help/dndr/udrp-en, and the Uniform Rapid
Suspension System ("URS") mentioned at http://newgtlds.icann.org/en/applicants/urs,
each as described on the ICANN Website. You further agree to abide by the final
outcome of any of those processes, subject to any appeal rights provided in
those processes or the law, and you hereby release the Registry, its affiliates
and service providers from any and all directly or indirect liability
associated with such dispute resolution processes.
i. You acknowledge and agree that the Registry reserves
the right, in its sole discretion, to disqualify you or your agents from making
or maintaining any registrations or reservations in the Registry TLD if you are
found to have repeatedly engaged in abusive registrations.
j.
You acknowledge and agree that the Registry reserves the right to deny, cancel,
terminate, suspend, lock, or transfer any registration that it deems necessary,
in its discretion, in furtherance of the following:
(i) to enforce all Registry
Policies, these Registration Terms, and ICANN requirements, as amended from
time to time;
(ii)
to protect the integrity and stability of the
Registry, its operations, and the Registry TLDs;
(iii)
to comply with any applicable law, regulation,
holding, order, or decision issued by a court, administrative authority, or
dispute resolution service provider with jurisdiction over the Registry or you;
(iv)
to establish, assert, or defend the legal rights of the Registry or a third
party, or to avoid any liability, civil or criminal, on the part of the
Registry as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, contractors, and stockholders;
(v)
to correct mistakes made by the Registry or any
Registrar in connection with a registration or reservation;
(vi)
as otherwise provided herein.
k.
The Registration Terms, its interpretation, and all disputes between the
parties arising in any manner hereunder, shall be governed by and construed in
accordance with the internal laws of the State of Washington, without giving
effect to any choice or conflict of law provision or rule (whether of the State
of Washington or any other jurisdiction). You agree and submit to the exercise
of personal jurisdiction of courts in the State of Washington for the purpose
of litigating any such claim or action.
l.
By agreeing to these Registration Terms and Conditions, you are: (i) Waiving claims that you might otherwise have against the
Registry, its employees, affiliates and subsidiaries, and service providers,
based on the law of other jurisdictions, including your own; (ii) Irrevocably
consenting to the exclusive jurisdiction of, and venue in, state or federal
courts in the state of Washington over any disputes or claims you have with the
Registry, its affiliates and service providers; and (iii) submitting yourself
to the personal jurisdiction of courts located in the state of Washington for
the purpose of resolving any such disputes or claims.
m.
You acknowledge and agree that the Registry is and shall be an intended third
party beneficiary of the obligations you undertake under your registration
agreement with the Registrar and these Registration Terms. You acknowledge and
agree that the Registry's third party beneficiary rights have vested, and shall
survive any termination or expiration of your registration or reservation.
n.
You acknowledge and agree that domain names in the Registry TLD are provided
"as is", "with all faults" and "as available."
The Registry, its affiliates and service providers, make no express warranties
or guarantees about such domain names.
o.
To the greatest extent permitted by law, the Registry, its affiliates and
service providers, disclaim implied warranties that the Registry and all
software, content and services distributed through the registry, its affiliates
and service providers are merchantable, of satisfactory quality, accurate,
timely, fit for a particular purpose or need, or non-infringing. The registry,
its affiliates and service providers do not guarantee that any registry TLDs,
or registry operations will meet your requirements, will be error-free, reliable,
without interruption or available at all times. We do not guarantee that the
results that may be obtained from the use of the United TLD, including any
support services, will be effective, reliable, accurate
or meet your requirements. We do not guarantee that you or third parties will
be able to access or use a domain name in United TLDs (either directly or
through third-party networks) at times or locations of your
choosing. No oral or written information or advice given by a representative of
the Registry, its affiliates and service providers shall create a warranty
regarding operations of the Registry or a domain name in a Registry TLD.
p.
The Registry, its affiliates and service providers shall not be liable for any
indirect, special, incidental, consequential or exemplary damages arising from
your use of, inability to use, or reliance upon a domain name in United TLD.
These exclusions apply to any claims for lost profits, lost data, loss of
goodwill, work stoppage, computer failure or malfunction, or any other
commercial damages or losses, even if the Registry, its affiliates and services
providers knew or should have known of the possibility of such damages. Because
some states or jurisdictions do not allow the exclusion or limitation of
liability for consequential or incidental damages, in such states or
jurisdictions, the Registry's liability, and the liability of the Registry's
affiliates and service providers, shall be limited to the amount you paid to
register a United TLD. You further agree that in no event shall the Registry's,
its affiliates' and service providers' total aggregate liability exceed the
total amount paid by you for the particular services that are the subject of
the cause of action. You agree that the rights stated herein survive the
termination of the Registrar's agreement with you.
q.
The Registry reserves the right to modify, change, or discontinue any aspect of
its Registry Services, these Registration Terms, including without limitation
its prices and fees. You acknowledge and agree that the Registry, its
affiliates and service providers may provide any and all required notices,
agreements, modifications and changes to these Registration Terms, and other
information concerning Registry TLDs electronically, by posting such items on
the Registry Website. Your continued use of a Registry TLD shall constitute
your acceptance of the most current versions of those notices, agreements,
modifications, and changes to these Registration Terms. In the event of any
conflict between these Registration Terms and the notices, agreements,
modifications and changes to the Registration Terms as posted from time to time
on the Registry Website, the terms posted on the Registry Website at
http://rightside.co/ shall prevail.
r.
You represent and warrant that your use of the Registry and/or the Registry
TLDs will not be for any illegal purpose and that you will not undertake any
activities with your Registry TLD that will be in violation of the Acceptable
Use (Anti-Abuse) Policy mentioned at http://rightside.co/fileadmin/downloads/policies/UnitedTLD_Acceptable_Use_Policy.pdf.
s.
The Registry TLDs are intended for and available to applicants and registrants
who are at least eighteen (18) years of age. By applying for, registering, or
reserving United TLD, you represent and warrant that you are at least eighteen
(18) years of age.
2.
In addition to the Registration Terms above, you agree to comply with
applicable rules and laws including those that relate to privacy, data
collection, consumer protection, import/export of
services and disclosure of data.
3.
If you choose to register a highly regulated TLD (currently .ATTORNEY, .DENTIST
and .LAWYER), you agree to the following the additional terms:
a.
You represent that you hold the appropriate applicable credentials and you
agree to report any changes to these credentials; and
b.
You agree to provide, and report any changes to, contact information for the
relevant regulatory, or industry self-regulatory, bodies in your main place of
business.
4.
If you choose to register a Military TLD from United TLD Holdco Ltd. (currently
.AIRFORCE, .ARMY, .NAVY), you agree not to misrepresent or falsely imply that
you or your business is affiliated with, sponsored or endorsed by one or more
country's or government's military forces if such affiliation, sponsorship or
endorsement does not exist.
APPENDIX 'AT'
RADIX SPECIFIC
CONDITIONS -
If
the Order is either a .PRESS, .HOST, .WEBSITE, .SPACE, .ONLINE, .SITE, .STORE
or .TECH domain name, the Registrant agrees to the following terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a RADIX domain name, involves you contracting with the
RADIX Registry, and agreeing to their Terms and Conditions of Domain Name
Registration available on their website at http://radixregistry.com/policies/
2.
DOMAIN NAME REGISTRATION AGREEMENT
By
registering a RADIX domain name, the Registrant/Registered Name Holder:
(a)
acknowledge and agree that RO reserves the absolute right to deny, cancel,
delete or transfer any registration or transaction, or place any domain name(s)
on registry lock, hold or similar status, as it deems necessary, in its
unlimited and sole discretion: (1) to comply with specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in
connection with a domain name registration, (3) for the non-payment of fees to
RO, (4) to protect the integrity and stability of the Registry System; (5) to
comply with any applicable laws, government rules or requirements, requests of
law enforcement, or any dispute resolution process; (6) to avoid any liability,
civil or criminal, on the part of RO , as well as its affiliates, subsidiaries,
officers, directors, and employees.
(b)
comply with all applicable laws including those that relate to privacy, data
collection, consumer protection (including in relation to misleading and
deceptive conduct) and applicable consumer laws in respect of fair lending,
debt collection, organic farming (if applicable), disclosure of data and
financial regulations.
(c)
acknowledge and agree that registrants who collect and
maintain sensitive health and financial data must implement reasonable and
appropriate security measures commensurate with the offering of those services,
as defined by applicable law.
(d)
warrant that no domain name registration within any
Included TLD shall be used to distribute malware, abusively operating botnets,
phishing, piracy, trademark or copyright infringement, fraudulent or deceptive
practices, counterfeiting or other similar activity and providing consequences
for such activities including suspension of the domain name.
(e)
comply with all operational standards, procedures, practices and policies for
the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy
("AUP") and all other applicable policies which will be available on
the Radix website (www.radixregistry.com), established from time to time by RO
in a non-arbitrary manner and applicable to all registrars, including
affiliates of RO, and consistent with ICANN's standards policies, procedures,
and practices and RO's Registry Agreement with ICANN for the Included TLD.
Additional or revised RO operational standards, policies, procedures, and
practices for the Included TLD shall be effective upon ninety (90) days notice by RO to Registrar unless mandated by ICANN
with a shorter notice period.
(f)
consent to the use, copying, distribution, publication, modification and other
processing of Registrant's Personal Data by RO and its designees and agents,
including data escrow requirements, or as specified by ICANN from time to time
for new gTLDs.
(g)
expressly agree that registration and renewal fees for
some domain names in an Included TLD are variable and shall differ from
registration and renewal fees for other domain names within that Included TLD.
This includes but is not limited to non-standard pricing for Premium Domain
Name registration and renewal fees, which differs from the pricing of Standard
Domain Names.
(h)
agree that registration, renewal and transfers fees
for each Included TLD are variable.
(i) be bound by the terms and conditions of the initial
launch of the Included TLD, including without limitation the sunrise period and
the landrush period, the procedure and process for
compliance with ICANN's rights protection mechanisms including the Trademark
Clearing House requirements and any Sunrise Dispute Resolution Policy, and
further to acknowledge that RO and/or its service providers have no liability
of any kind for any loss or liability resulting from the proceedings and
processes relating to the sunrise period or the landrush
period, 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.
(j)
indemnify, defend and hold harmless RO, RO's Registry Service Provider and its
subcontractors, and its and their directors, officers, employees, agents, and
affiliates from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating in any way, for any reason whatsoever, to the Registered Name Holder's
domain name registration, any breach of the Registration Agreement with
Registrar and any use of the domain name. The Registration Agreement shall
further require that this indemnification obligation survive the termination or
expiration of the Registration Agreement and this Agreement.
3.
NON-UNIFORM RENEWAL REGISTRATION PRICING
The
Registrant agrees that the Included TLDs will have non-uniform renewal
registration pricing such that the Registration Fee for a domain name
registration renewal may differ from other domain names in the same or other
Included TLDs (e.g., renewal registration Fee is $7 for one domain name and $13
for a different domain name).
4.
OPERATIONAL REQUIREMENTS
The
Registered Name Holder is obliged to comply with each of the following
requirements:
(a)
ICANN standards, policies, procedures, and practices for which RO has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN; and
(b)
Operational standards, policies, procedures, and practices for the Included TLD
established from time to time by RO in a non-arbitrary manner and applicable to
all registrars ("Operational Requirements"), including affiliates of
RO, and consistent with RO's Registry Agreement with ICANN, as applicable, upon
RO's notification to Registrar of the establishment of those terms and
conditions.
APPENDIX 'AU'
INFIBEAM SPECIFIC
CONDITIONS -
Should
you seek to register a .OOO TLD ("Registry
TLDs") from Infibeam ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .OOO domain registrations.
a.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time by the Registry
in a non-arbitrary manner upon 90 days' notice from the Registry.
b.
You acknowledge and agree the Registry 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 as it deems necessary, in its unlimited
and sole discretion: (1) to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.
RFCs); (2) to correct mistakes made by the Registry or any registrar in
connection with a domain name registration; or (3) for the non-payment of fees
to the Registry.
c.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
d.
You acknowledge and agree the Registry prohibits the use of domain names that
might induce confusion with the Triple Zero Emergency Call Service.
e.
You agree to comply with the public interest commitments as set forth in
Specification 11 in the Registry Agreement (available at
https://www.icann.org/sites/default/files/tlds/ooo/ooo-agmt-html-09jan14-en.htm),
and Government Advisory Committee safeguards as published or provided to the
Registrar by the Registry.
APPENDIX 'AV'
DESI NETWORKS, LLC
SPECIFIC CONDITIONS -
If
the Order is a .DESI domain name, the Registrant, must agree to the following
terms:
1.
REPRESENTATIONS AND WARRANTIES
You
represent and certify that, to the best of your knowledge and belief you are
aware that registering a DESI NETWORKS, LLC domain name, involves you
contracting with the DESI NETWORKS, LLC Registry, and agreeing to their Terms
and Conditions of Domain Name Registration available on their website at
http://registry.desi/terms/.
2.
INDEMNIFICATION
Registrant
(a) acknowledge and agree that Registry 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, as it deems necessary, in its unlimited
and sole discretion: (1) to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.,
RFCs), (2) to correct mistakes made by Registry or any registrar in connection
with a domain name registration, (3) for breach of the registration agreement,
or (4) if required by a URS, UDRP, DRS, or CRS proceeding; or (5) for the
non-payment of fees to Registry; and (b) indemnify, defend and hold harmless
Registry and its subcontractors, and its and their directors, officers,
employees, agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and expenses
arising out of or relating to, for any reason whatsoever, the Registered Name
Holder's domain name registration and use of the domain name and/or any
associated service, activity or content and that this indemnification obligation
shall survive the termination or expiration of the Registration Agreement for
any reason.
3.
OPERATIONAL REQUIREMENTS
The
Registrant must comply to the following operational
requirements:
(a)
ICANN standards, policies, procedures, and practices for which Registry has
monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN; and
(b)
Operational standards, policies, procedures, and practices for the Registry TLD
established from time to time by Registry in a non- arbitrary manner and as
communicated in Registry technical documents and other communications, and
applicable to all registrars ("Operational Requirements"), including
affiliates of Registry, and consistent with the Registry Agreement, as applicable,
upon Registry's notification to Registrar of the establishment of those terms
and conditions.
APPENDIX 'AW'
AFILIAS NEW gTLDs SPECIFIC CONDITIONS -
Should
you seek to register a .BET, .BLACK, .BLUE, .GREEN, .HEALTH, .KIM, .LGBT,
.LOTTO, .LTD, .MEET, .MEMORIAL, .MLS, .PINK, .RED, .POKER, .PROMO, .SHIKSHA or
.?? domain name
from the Afilias plc registry or an Afilias subsidiary registry
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all Afilias plc
registry, and all Afilias subsidiary registry domain registrations.
a.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices.
b.
You agree to immediately correct and update the Registration Information for
the Registered Name Holder upon any change.
c.
You agree to be bound by the operational standards, policies, procedures and
practices for the Registry as established by the Registry, including without
limitation the Registry policies, the terms and conditions of initial launch
established by Registry, available at http://afilias.info/policies, including
without limitation, land rush and sunrise period, and you further acknowledge
Registry has no liability of any kind for any loss or liability resulting from
proceedings and processes relating to the land rush, sunrise period, or other
period associated with the initial launch of the Registry TLD, including,
without limitation your ability/inability to obtain a registered name during
that period.
d.
You acknowledge and agree Registry 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:
(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, or any dispute resolution process;
(3)
to comply with any applicable ICANN rules or
regulations, including without limitation, the Registry Agreement the Registry
has with ICANN;
(4)
to avoid any liability, civil or criminal, on the part of Registry Operator, as
well as its affiliates, subsidiaries, officers, directors, and employees;
(5)
per the terms of the Registration Agreement;
(6)
following an occurrence of any of the prohibited
activities; or
(7)
to correct mistakes made by Registry or any Registrar
in connection with a domain name registration. Registry also reserves the right
to place upon registry lock, hold or similar status a domain name during
resolution of a dispute.
APPENDIX 'AX'
ROAD REGISTRY, INC.
SPECIFIC CONDITIONS -
Should
you seek to register a .HOW or .SOY TLD (each a "Registry TLD") from
Charleston Road Registry, Inc. ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all .HOW and .SOY domain registrations.
a.
You acknowledge and agree that Registry 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: (1) to comply with specifications adopted by any industry group
generally recognized as authoritative with respect to the Internet (e.g.,
RFCs); (2) to correct mistakes made by Registry or any registrar in connection
with a domain name registration; (3) to protect the rights and property of the
Registry and to avoid any potential or actual liability, civil or criminal, on
the part of the Registry as well as its affiliates, subsidiaries, officers,
directors, representatives, employees, and stockholders; (4) to protect the
integrity and stability of the registry system and the operation of the DNS;
(5) to comply with all applicable laws, government rules or requirements,
requests of law enforcement or any applicable dispute resolution process; or
(6) for violation of the terms and conditions set forth in any applicable
registration agreement.
b.
You agree to be bound by the terms and conditions of initial launch established
by Registry, including without limitation the land rush and sunrise period, and
you further acknowledge Registry has no liability of any kind for any loss or
liability resulting from proceedings and processes relating to the land rush or
sunrise period, including, without limitation your ability or inability to obtain
a registered name during that period.
c.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN's standards, policies, procedures, and
practices and Registry's Registry Agreement with ICANN.
d.
You agree to immediately correct and update the Registration Information for
the Registered Name Holder upon any change.
e.
You must comply with any ICANN standards, policies, procedures, and practices
as may be adopted or amended from time to time.
f.
You agree that all domains in the Registry TLD are subject to the Registry's
Domain Name Abuse Policy available at
http://www.google.com/registry/policies/domainabuse/ and Startup Policy
available at
http://myicann.force.com/SunriseAttachment?attachmentId=MDBQZDAwMDAwMEJ4SFlJRUEz
APPENDIX 'AY'
UNIREGISTRY SPECIFIC
CONDITIONS -
Should
you seek to register a gTLD from the Uniregistry Registry, you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all Uniregistry domain registrations. A
non-exhaustive list of all Uniregistry gTLDs are .TATTOO, .SEXY, .LINK, .GIFT, .GUITARS, .PICS,
.PHOTO, .CHRISTMAS, .BLACKFRIDAY, .HIPHOP, .AUDIO, .JUEGOS, .HOSTING,
.PROPERTY, .CLICK, .DIET, .HELP, .LOL, .GAME, .FLOWERS, .CAR, .CARS and .AUTO.
1.
You agree the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to correct mistakes made by the Registry or any
Registrar in connection with a domain name; (b) for the non-payment of fees by
Registrar.
2.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
3.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry as established from time to time.
4.
You agree to comply with Registry's Acceptable Use policies and Terms of
Service published at the Registry's website (available at https://uniregistry.com/).
5.
You understand and agree that Registered Names allocated to Register Name
Holders during any Registry sunrise period are non-transferrable for the first
10 years after registration.
6.
For the .SEXY TLD, the Registered Name Holder shall not permit content
unsuitable for viewing by a minor from the main or top-level directory of a
.SEXY domain name.
APPENDIX 'AZ'
GMO Registry, Inc.
SPECIFIC CONDITIONS -
Should
you seek to register a gTLD from the GMO Registry,
Inc. ("Registry"), including at present .TOKYO and .NAGOYA, you must
agree to be bound by the following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement, the terms of this
Section shall apply to any and all .TOKYO and .NAGOYA domain registrations.
a.
You acknowledge and agree Registry 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: (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, or any dispute resolution process; (3) to comply with any
applicable ICANN rules or regulations, including without limitation, the
Registry Agreement the Registry has with ICANN; (4) to avoid any liability,
civil or criminal, on the part of Registry, as well as its affiliates,
subsidiaries, officers, directors, and employees; (5) per the terms of the
Registration Agreement; (6) following an occurrence of any of the prohibited
activities; or (7) to correct mistakes made by Registry or any registrar in
connection with a domain name registration. Registry also reserves the right to
place upon registry lock, hold or similar status a domain name during
resolution of a dispute.
b.
You agree to be bound by the operational standards, policies, procedures and
practices established by the Registry, including without limitation the
Registry's policies, the terms and conditions of initial launch established by
Registry, including without limitation, land rush and sunrise periods,
available at http://www.gmoregistry.com/en/geotlds/policy/regist/, the Abusive
Use Policy (available at http://www.gmoregistry.com/en/geotlds/policy/use/),
and you further acknowledge Registry has no liability of any kind for any loss
or liability resulting from proceedings and processes relating to the land
rush, sunrise period, or other period associated with the initial launch of the
Registry TLD, including, without limitation your ability/inability to obtain a
registered name during that period.
c.
You agree to comply with ICANN standards, policies, procedures, and practices
for which Registry has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN.
APPENDIX
'BA'
PUBLIC
INTEREST REGISTRY SPECIFIC CONDITIONS -
Should
you seek to register a .NGO, .ONG, .机构, .组织机构, .संगठन or .OPR TLD
("Registry TLDs") from the Public Interest Registry ("Registry"),
you must agree to be bound by the following additional terms. In the event that
a term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .NGO, .ONG, .机构, . संगठन and .OPR domain registrations.
a.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLDs established from time to time by the Registry.
b.
You agree to immediately correct and update the registration information for the
domain names during the registration term for, including personal data
associated therewith.
c.
You acknowledge and agree that Registry 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; (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,
or any dispute resolution process; (3) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries,
officers, directors, and employees; (4) per the terms of the registration
agreement; (5) as part of the Registry's validation procedures or (6) to
correct mistakes made by Registry or any Registrar in connection with a domain
name registration. Registry also reserves the right to place upon registry
lock, hold or similar status a domain name during resolution of a dispute.
d.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
e.
You agree that your registration complies with the Registry's eligibility
requirements (available at http://globalngo.org/discover/eligibility/) and that
your registration will be placed on server hold status by the Registry until
your NGO passes the Registry's validation process.
f.
You agree to submit to proceedings under the Registry's Restrictions Dispute
Resolution Policy (RDRP), available at
http://domain.adrforum.com/main.aspx?itemID=2246
g.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the RDRP, and further to acknowledge
that Registry has no liability of any kind for any loss or liability resulting
from the proceedings and processes relating to the sunrise period or the land
rush period, including, without limitation: (1) the ability or inability of a
registrant to obtain a registered name during these periods, and (2) the
results of any dispute over a sunrise registration.
h.
You agree to submit to proceedings commenced under ICANN's dispute resolution
procedures relating to Rights Protection Mechanism (RPMs) (available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en)
APPENDIX 'BB'
.WANG SPECIFIC
CONDITIONS -
Should
you seek to register a .WANG TLD ("Registry TLD") from Zodiac
Registry ("Registry"), you must agree to be bound by all Registry
policies, available at http://en.zodiac.wang/policy.html. In the event that a
term in the Registry policies conflicts with the Registration Agreement, the
terms of the Registry policies shall apply to any and all .WANG domain
registrations.
APPENDIX 'BC'
.BUILD SPECIFIC
CONDITIONS -
Should
you seek to register a .BUILD TLD, you must agree to be bound by the following
additional terms. In the event that a term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
.BUILD domain registrations.
1.
You acknowledge and agree Plan Bee, LLC (the "Registry") 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, as it deems necessary,
in its unlimited and sole discretion: (i) to comply
with specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs), (ii) to correct
mistakes made by Registry or any Registrar in connection with a domain name
registration, or (iii) for the non-payment of fees to Registry.
2.
You agree to comply with Registry's Acceptable Use policies, and Terms of
Service, operational standards, policies, procedures and practices as they may
be updated from time to time and published at the Registry's website,
http://terms.about.build/.
3.
You agree to be bound by the terms and conditions of initial launch established
by Registry, available at http://policies.build/, including without limitation
land rush and sunrise periods, and further acknowledge Registry has no
liability of any kind for any loss or liability resulting from proceedings and
processes relating to the land rush or sunrise periods, including, without
limitation your ability/inability to obtain a registered name during that
period.
4.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which Registry has monitoring responsibility.
APPENDIX 'BD'
.LUXURY SPECIFIC
CONDITIONS -
Should
you seek to register a .LUXURY top level domain, you must agree to be bound by
the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .LUXURY domain registrations.
1.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which Registry has monitoring responsibility.
2.
You agree to comply with the operational standards, policies, procedures and
practices for the .LUXURY TLD as established by Luxury Partners, LLC (the
"Registry") or any appointed registry operator, including without
limitation the Registry Policies, which may be available at
http://www.dotluxury.com/.
3.
You agree to be bound by the terms and conditions of the initial launch
established by Registry, including without limitation the land rush and sunrise
periods, and the Start-Up Policies, and you further acknowledge Registry has no
liability of any kind for any loss or liability resulting from proceedings and
processes relating to the land rush or sunrise period, including, without
limitation your ability or inability to obtain a registered name during that
period.
4.
You acknowledge and agree Registry 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: (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, or any dispute resolution process; (3) to comply with any
applicable ICANN rules or regulations, including without limitation, the
Registry Agreement the Registry maintains with ICANN; (4) to avoid any
liability, civil or criminal, on the part of Registry Operator, as well as its
affiliates, subsidiaries, officers, directors, and employees; (5) per the terms
of the Registration Agreement; (6) following an occurrence of any of the
prohibited activities; or (7) to correct mistakes made by Registry or any
registrar of record in connection with a domain name registration. Registry
also reserves the right to place upon registry lock, hold or similar status a
domain name during resolution of a dispute.
5.
You hereby agree to submit to proceedings commenced under other dispute
policies as set forth by Registry, including but not limited to processes for
the suspension of a domain name pursuant to claims made by intellectual
property right holders , Internet engineering and
security experts, or other competent claimants for the purpose of upholding the
stability, security, and integrity of the .LUXURY Registry.
6.
Notwithstanding anything in this Registration Agreement to the contrary, Luxury
Partners, LLC, the Registry Operator of the .LUXURY TLD, is and shall be an
intended third-party beneficiary of this Registration Agreement. As such, the
parties to this Registration Agreement acknowledge and agree that the
third-party beneficiary rights of Luxury Partners, LLC have vested and that
Luxury Partners, LLC has relied on its third-party beneficiary rights under
this Registration Agreement in agreeing to the registrar of record being a
registrar for the .LUXURY TLD. Additionally, the third-party beneficiary rights
of Luxury Partners, LLC shall survive any termination of this Registration
Agreement.
APPENDIX 'BE'
.GLOBAL SPECIFIC
CONDITIONS -
Should
you seek to register a .GLOBAL TLD ("Registry TLD") from Dot Global
Domain Registry Limited ("Registry"), you must agree to be bound by
the following additional terms. In the event that a term in this section
conflicts with the Registration Agreement, the terms of this section shall
apply to any and all .GLOBAL domain registrations.
1.
You acknowledge and agree that Registry 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 or (e) to correct mistakes made by Registry or any Registrar in
connection with a domain name registration. Registry also reserves the right to
place upon registry lock, hold or similar status a domain name during
resolution of a dispute.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, limited
registration period, or land rush period, and the dispute resolution policies
and rights protection mechanisms mandated by ICANN or the Registry TLD, and
further to acknowledge that Registry has no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to the
sunrise period, limited registration period, land rush period or other period
associated with the initial launch of the Registry TLD, 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 resolution
process regarding a registration.
3.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry in
a non-arbitrary manner and applicable to all registrars, including affiliates
of Dot Global Domain Registry Limited, and consistent with ICANN's standards,
policies, procedures, and practices and the Registry Agreement. Additional or
revised Registry operational standards, policies, procedures, and practices for
the Registry TLD shall be effective upon thirty days' notice by Registry to
Registrar.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
5.
You must comply with any ICANN standards, policies, procedures, and practices
as may be adopted or amended from time to time.
6.
You agree that you have been provided with the Registry Policies (available at
http://www.nic.global/registry-policies.php) including the Registry's
Acceptable Use Policies (available at
https://docs.google.com/document/d/1PDCJ9ecrRAatIryaWH-nYombaBjbGNktUtdYs7e61mI/edit).
APPENDIX 'BF'
.VEGAS SPECIFIC
CONDITIONS -
Should
you seek to register a .VEGAS TLD ("Registry TLD") from Dot Vegas,
Inc. ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.VEGAS domain registrations.
1.
You acknowledge and agree that Registry 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 or (e) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, limited
registration period, or land rush period, and the dispute resolution policies
and rights protection mechanisms mandated by ICANN or Registry TLD, (available
at http://www.nic.vegas/policies/) and further to acknowledge that Registry has
no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the sunrise period, limited registration
period, land rush period or other period associated with the initial launch of
the Registry TLD, 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 resolution process regarding a registration.
3.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Dot Vegas
(available at http://www.nic.vegas/policies/) in a non-arbitrary manner and
applicable to all registrars, including affiliates of Dot Vegas, and consistent
with ICANN's standards, policies, procedures, and practices and the Registry
Agreement.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
5.
You must comply with any ICANN standards, policies, procedures, and practices
as may be adopted or amended from time to time.
APPENDIX 'BG'
.BERLIN SPECIFIC
CONDITIONS -
Should
you seek to register a .BERLIN top level domain from dotBERLIN
GmbH & Co. KG("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement, the terms of this
Section shall apply to any and all .BERLIN domain registrations.
1.
You hereby agree that Registry and registry services provider, acting on behalf
of Registry, reserve the right to change the status of the relevant domain
name(s) during the resolution of a dispute, a compliance procedure, upon a
request from a competent authority (e.g. put on hold, lock), as well as to
deny, modify, cancel, suspend, or transfer any registration that it deems
necessary, in its complete discretion, in order to; (a) protect the integrity,
security, and stability of the Registry System; (b) comply with all appropriate
laws, government rules or requirements, requests of law enforcement or any
other relevant authority, or in compliance with any dispute resolution process;
(c) avoid any liability of Registry, its affiliates, shareholders,
subsidiaries, officers, directors, and employees; (d) stop or prevent any
violations of any terms and conditions of this Agreement; (e) correct mistakes
made by Registry, registry service providers or any registrar in relation to a
domain name registration; and (f)ensure compliance with ICANN and/or Registry
Policies.
2.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data
associated therewith.
3.
You agree to adhere and comply with all applicable ICANN policies and Registry
policies for resolution of disputes concerning domain names.
4.
You agree that Registry is a third-party beneficiary of the Registration
Agreement and is entitled to enforce its rights vested by the Registration
Agreement.
5.
You agree to comply with the .BERLIN Policies (available at
http://dot.berlin/de/berlin-policies) and agree that the German version of
.BERLIN Policies governs and the English versions are provided for convenience
only.
6.
Every natural person, legal entity, organization or group of persons is
entitled to register and use a domain under the .BERLIN top level domain,
provided they can show that they have an economic, cultural, historical, social
or other connection to the German capital, Berlin, as set out in Registry's
Policy for the Registration of .BERLIN Domain Names, available at
http://dot.berlin/.
APPENDIX 'BH'
.CAREER SPECIFIC
CONDITIONS -
Should
you seek to register a .CAREER TLD ("Registry TLD") from dotCareer LLC ("Registry Operator"), you must
agree to be bound by the following additional terms. In the event that a term
in this section conflicts with the Registration Agreement, the terms of this
section shall apply to any and all .CAREER domain registrations.
1.
You agree that Registry Operator reserves the right, in its unlimited and sole
discretion, to revoke, cancel, deny, transfer, suspend, terminate or otherwise
modify the rights of a Registered Name Holder, including placing any domain
name(s) on registry lock, hold or similar status, without any notice thereto:
(1) in the event of non-compliance by the Registered Name Holder with any
provision of the Registration Agreement, the .CAREER Registry-Registrant
Agreement, specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet; (2) to correct any mistakes made by
Registry Operator, registrar of record or any third party in connection with a
domain name registration; or (3) for the non-payment of any fees due to
Registry Operator;
2.
You agree to comply with the operational standards, policies, procedures, and
practices (such as, for example, start up, initial operations, sunrise, premium
names, etc.) for the Registry TLD established from time to time by Registry
Operator in a non-arbitrary manner and applicable to all registrars
(operational requirements), including affiliates of Registry Operator, and
consistent with the Registry Operator's Registry Agreement with ICANN, as
applicable, upon Registry Operator's notification to Registrar of the
establishment of those terms and conditions.
3.
You agree to comply with the ICANN requirements, standards, policies,
procedures, and practices for which the Registry Operator has monitoring
responsibility in accordance with the Registry Agreement or other arrangement
with ICANN.
4.
You agree to the .CAREER Registry-Registrant Agreement, as posted at Registry
Operator's website (available at http://dotcareer.jobs/) and as amended from
time to time at the sole discretion of Registry Operator.
5.
You agree to comply with any and all applicable national, state or local law,
regulation or court order in relation to operations and registrations in the
Registry TLD.
6.
You agree to (i) grant Registry Operator and Registry
Service Provider ("RSP") all necessary licenses and consents to
permit Registry Operator and/or RSP or its agent(s) to (a) perform, in Registry
Operator or RSP's unlimited and sole discretion, malware scans; (b) collect,
store, and process data gathered as a result of such malware scans; (c)
disclose the results of such malware scans (including all data therefrom) to
Registry Operator and/or ICANN; and (d) use the results of such malware scans
(including all data therefrom) in connection with: (1) protecting the
integrity, security or stability of the Registry's system; and (2) providing
reports and benchmarks based on aggregated data so long as the reports do not
identify the TLD; (ii) acknowledge that the results of any malware scan
identifying malware or potential malware shall not be deemed to be confidential
or proprietary information of registrar of record or Registered Name Holder;
(iii) disclaim any and all warranties, representations or covenants that such
malware scan will detect any and all malware or that Registry Operator or RSP
is responsible for notifying registrar of record or any Registered Name Holder
of any malware or cleaning of any malware from any system or website; (iv) indemnify,
defend and hold harmless Registry Operator and RSP from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable legal
fees and expenses, arising out of or relating to, for any reason whatsoever,
any malware scan, the failure to conduct a malware scan, the failure to detect
any malware, clean any malware, or the use of any data from malware scans; and
(v) prohibit the entrance into any settlement or compromise of any such
indemnifiable claim (as set forth in (d) above) without the Registry Operator
and RSP's prior written consent.
APPENDIX 'BI'
.QUEBEC SPECIFIC
CONDITIONS -
Should
you seek to register a .QUEBEC TLD ("Registry TLD") from PointQuébec ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all .QUEBEC domain registrations.
1.
You acknowledge and agree that the Registry reserves the right to deny, modify,
cancel, or transfer any registration or transaction, or place any domain
name(s) on registry lock, hold, or similar status as it deems necessary, in its
unlimited and sole discretion, in order to: (a) protect the integrity,
security, and stability of the registry system; (b) comply with all appropriate
laws, government rules or requirements, requests of law enforcement or any
other relevant authority, or in compliance with any dispute resolution process;
(c) avoid any liability of Registry, its affiliates, members, subsidiaries,
officers, directors, and employees; (d) stop or prevent any violations of any
terms and conditions of this agreement; (e) correct mistakes made by Registry,
registry service providers or any registrar in relation to a domain name
registration; and (f) ensure compliance with ICANN and/or Registry policies.
2.
You agree to comply with the Registry General Registration Policies (available
at http://registre.quebec/).
3.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
4.
The Registry is a third-party beneficiary of this Registration Agreement, entitled
to enforce its rights vested by Registration Agreement. Additionally, the
third-party rights of the Registry shall survive termination or expiration of
this Registration Agreement.
APPENDIX 'BJ'
.WIEN SPECIFIC
CONDITIONS -
Should
you seek to register a .WIEN top level domain, you must agree to be bound by
the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .WIEN ("Registry TLD") domain registrations.
1.
You acknowledge and agree that punkt.wien GmbH (the
"Registry") reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its discretion: (i) to protect the integrity,
security and stability of the Internet or Registry; (ii) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs) and/or to comply with
any applicable laws, government rules or requirements, requests of law
enforcement or any other relevant authority or in compliance with any dispute
resolution process; (iii) to avoid any liability, civil or criminal, on the
part of Registry and Registry Service Provider and their affiliates,
subsidiaries, subcontractors, officers, directors, employees and stockholders;
(iv) for violations of this Registration Agreement; (v) to correct mistakes
made by Registry or any registrar in connection with a domain name
registration; (vi) to ensure compliance with ICANN and/or Registry policies
and/or procedures; and/or (vii) for the non-payment of fees to Registry.
Registry also reserves the right to lock or place on hold a domain name during
resolution of a dispute. Registry will notify registrar of any cancellations,
locks, holds or transfers made by Registry to the registrar's domain name
registrations, via email or other method as may be mutually agreed upon by the
parties, within twenty four (24) hours of any change, unless otherwise required
to by law.
2.
You shall comply with the Registry's General Terms and Conditions, available at
https://www.nic.wien/wien/policies/en/20140129_generaltermsconditions_v1.pdf,
and all other Registry policies, including for land rush and sunrise periods,
as they may be instituted or updated from time to time and published on the
Registry website, available at https://www.nic.wien/de/.wien/policies.
3.
You shall comply with ICANN standards, policies, procedures, and practices for
which Registry has responsibility in accordance with the Registry Agreement.
4.
You understand and agree that the following persons are eligible for
registration of a Registry TLD: any natural person, legal person, organization
or association intending to show an economic, cultural, tourist, historical,
social or other affinity with the Austrian federal capital: WIEN [Vienna]. No
verification procedure will be carried out at the time of registration to
verify whether you have the required interests in or relations to Vienna, but
fulfillment of the nexus conditions can be reviewed by initiating alternative
dispute resolution procedures ("Eligibility Requirements Dispute
Resolution Policy", available at
https://www.nic.wien/wien/policies/en/20140129_erdrp_v1.pdf).
5.
You hereby represent and warrant that (a) You fulfill one of the general
registration requirements and will inform the Registry via your registrar if
and when you no longer fulfill those requirements; (b) the application for
domain registration is made in good faith and for a statutory purpose; (c) the
use of the domain will not be against public policy, will not violate accepted
principles of morality (e.g. is not obscene or insulting) and will not be
against the law; (d) any email address you provide to us is a working email address;
(e) the use of the domain will not infringe any third party's rights or breach
any applicable laws or regulations, including the provision on
non-discrimination on the basis of race, language, sex, religion or political
views; and (f) the use of the domain is NOT (a) in bad faith or (b) for an
illegal purpose.
6.
If any of these conditions in paragraph (e) immediately above are not fulfilled
or if any of the prerequisites cease to be fulfilled at a later point in time,
Registry may refuse to delegate the domain or revoke a delegation to you.
APPENDIX 'BK'
.NYC SPECIFIC
CONDITIONS -
Should
you seek to register a .NYC TLD from The City of New York (“Registry
Operator”), you must agree to be bound by the following additional terms. In
the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .NYC domain
registrations.
1.
You agree to the .NYC Acceptable Use Policy, available at
http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php, which is hereby
incorporated into this Registration Agreement by reference.
2.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which Registry Operator has monitoring
responsibility.
3.
You agree to comply with the operational standards, policies, procedures and
practices as established by the Registry Operator, including without limitation
the following Registry Policies:
(1)
.NYC Nexus Policy mentioned at http://www.ownit.nyc/policies/nyc_nexus_policy.php;
(2)
.NYC Acceptable Use Policy mentioned at
http://www.ownit.nyc/policies/nyc_acceptable_use_policy.php;
(3)
.NYC Proxy Registration Policy mentioned at
http://www.ownit.nyc/policies/nyc_proxy_registration_policy.php; and
(4)
.NYC Web Site Privacy Policy mentioned at
http://www.ownit.nyc/policies/nyc_web_site_privacy_policy.php.
4.
You agree that you are in compliance with all relevant Federal, New York State
and New York City laws, including the tax requirements for conducting business
via the Internet. Registrants may find more information about compliance with
the City tax laws at the City of New York Department of Finance’s website
(currently at www.nyc.gov/finance).
5.
The Registrant acknowledges having read and understood and agrees 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:
(1)
The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/en/help/dndr/udrp/policy;
(2)
The Uniform Rapid Suspension Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
(3)
The Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/help/dndr/tdrp.
6.
You agree that the TLD may have non-uniform pricing and the cost of initial
registration may differ from the cost of renewal.
APPENDIX 'BL'
MINDS + MACHINES
GROUP LIMITED SPECIFIC CONDITIONS
Should
you seek to register a .ABOGADO, .BEER, .CASA, .COOKING, .COUNTRY, .FASHION,
.FISHING, .HORSE, .LAW, .RODEO, .SURF, .VODKA, .WORK, .YOGA, .WEDDING, .GARDEN
or .FIT domain name Minds +Machines Group Limited ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all domain registrations from Registry.
1.
You acknowledge and agree that the Registry reserves the right to deny, cancel,
block or transfer any registration or transaction, or place any domain name(s)
on registry lock, hold, or similar status as it deems necessary, in its
unlimited and sole discretion: (a) to comply with specifications adopted by any
industry group generally recognized as authoritative with respect to the
Internet (e.g., RFCs); (b) to correct mistakes made by the Registry or any
Registrar in connection with a domain name registration; (c) if required by a
URS, UDRP, CRS proceeding; (d) for the non-payment of fees to the Registry; or
(e) in the event a domain is registered in contravention of the Registry’s
eligibility requirements.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN’s standards, policies, procedures, and
practices and Registry’s Registry Agreement with ICANN.
3.
You agree to the terms of the Registry’s Registrant Agreement, which are
incorporated into this Registration Agreement and can be found at
http://mm-registry.com/wp-content/uploads/2014/05/Sample-Registrant-Agreement.pdf.
4.
You agree to submit to the Uniform Domain Name Dispute Resolution Policy
(UDRP), Uniform Rapid Suspension (URS), Complaint Resolution Service (CRS), and
the Inter-Registrar Transfer Policy, each in their most recent form and each as
may be amended from time to time.
5.
You acknowledge and agree the Registry may reserve names from registration
and/or release such names at any time.
6.
You agree to comply with any ICANN standards, policies, procedures, and
practices for which the Registry has monitoring responsibility in accordance
with the Registry Agreement or other arrangement with ICANN.
7.
For the .LAW and .ABOGADO TLDs, you acknowledge and agree .LAW and .ABOGADO is
a limited-registration TLD. Registrations are restricted to legal professionals
(e.g., lawyers, barristers, solicitors, law firms, and other practitioners of
law) appropriately licensed to practice law by a recognized accredited body or
authorized government authority. Following your application there will be a
waiting period during which your eligibility will be confirmed. If registration
is declined due to lack of eligibility, the registration fee will be returned.
The verification fee, however, is non-refundable. Registrants are cautioned to
ensure their eligibility prior to applying.
APPENDIX 'BM'
ZA CENTRAL REGISTRY
SPECIFIC CONDITIONS -
Should
you seek to register a .CAPETOWN, .DURBAN, or a .JOBURG TLD ("Registry
TLDs") from ZA Central Registry ("Registry"), you must agree to
be bound by the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .CAPETOWN, .DURBAN, and .JOBURG domain registrations. You
agree the terms of the Registry's Registrant Agreement Mandatory Terms
(available at https://www.registry.net.za/downloads/u/Registrant_Agreement_Mandatory_Terms_v004.pdf)
are hereby incorporated by reference and made an integral part of this
Registration Agreement.
APPENDIX 'BN'
DOTMARKETS REGISTRY
LIMITED SPECIFIC CONDITIONS -
Should
you seek to register a .MARKETS TLD ("Registry TLD") from DotMarkets Registry Limited ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .MARKETS domain registrations.
1.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices.
2.
You agree to comply with the provisions of the Registry's Policies (available
at http://nic.markets/home/policies/), including the Acceptable Use and
Anti-Abuse Policy (available at
http://1q0xao8yfd12c0pupuavmn3d.wpengine.netdna-cdn.com/wp-content/uploads/2015/05/Acceptable-Use-and-Anti-Abuse-Policy-April-2015.pdf).
3.
You represent that you hold the appropriate applicable credentials to conduct
activities in the applicable market, and you agree to report any changes to
these credentials.
4.
You agree to comply with the appropriate regulations and licensing requirements
required to conduct activities in the best interest of your customers.
5.
You agree to provide, and keep up-to-date contact information for the relevant
regulatory, or industry self-regulatory, bodies in your main place of business.
6.
You agree that if you collect and maintain sensitive health and/or financial
data, you will comply with applicable laws on the provision of such services
and including security measures applicable to that sector.
7.
You agree that in the event of a transfer of a domain name, we retain the right
to withhold registration of the transfer pending confirmation of the
transferee's credentials.
8.
You agree to indemnify, defend and hold harmless the Registry, resellers and
their respective affiliates and subsidiaries, as well as each of their
respective owners, directors, managers, officers, employees, contractors,
service providers and agents, within 30 days of Registry's demand, from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal and administrative
fees and expenses (including on appeal), arising out of or relating in any way
to your domain name registration. These obligations shall survive the
termination or expiration of this Registration Agreement.
APPENDIX 'BO'
NOMINET UK SPECIFIC
CONDITIONS -
Should
you seek to register a .CYMRU or .WALES TLD ("Registry TLDs") from Nominet UK ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
Section conflicts with the Registration Agreement, the terms of this Section
shall apply to any and all .CYMRU and .WALES domain registrations.
1.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
2.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
3.
You acknowledge and agree that Registry 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, ad employees; (d) per the terms of the registration
agreement or (e) to correct mistakes made by the Registry or any Registrar in
connection with a domain name registration.
Registry also reserves the right to place upon registry lock, hold or
similar status a domain name during the resolution of a dispute.
4.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
Registry operational standards, policies, procedures, and practices for the
Registry TLD shall be effective upon ninety (90) days' notice by Registry to
Registrar, save that Registry may amend or introduce such operation standards,
policies, procedures and practices for the Registry TLD upon 30 days' notice,
in the event of an emergency or where it is necessary to make such changes due
to the imposition of a new or altered requirement by ICANN. If there is a discrepancy between the terms
of this Domain Registration Agreement and the Registry-Registrar Agreement
(available at http://registrars.nominet.org.uk/namespace/cymru-wales/registry-registrar-agreement/rra-document),
the terms of the Registry-Registrar Agreement shall apply to any and all
Registry TLD registrations.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the RPMs and the dispute resolution
procedures relating thereto, and further to acknowledge that Registry has no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the RPMs and the dispute resolution procedures
relating thereto, including, without limitation: (1) the ability or inability
of a registrant to obtain a registered name during these periods, and (2) the
results of any dispute over a sunrise registration.
APPENDIX 'BP'
.FRL SPECIFIC
CONDITIONS -
Should
you seek to register a .FRL TLD ("Registry
TLD") from FRLregistry BV
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the
Registration Agreement, the terms of this Section shall apply to any and all
.FRL domain registrations.
1.
You agree to comply with the applicable TLD policies (available at
http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
2.
You acknowledge and agree that Registry shall be entitled to reject a request
for registration or suspend, revoke, or delete a domain name in its discretion:
(a) if and when the Registry does not hold complete and accurate information as
described in the respective Registry TLD policies, or the domain name is not in
compliance with any other provision of such Registry TLD policies; (b) to
protect the integrity and stability of the shared registry system, and/or the
operation and/or management of the Registry TLD; (c) in order to comply with
applicable laws and regulations, and/or any decision by a competent court or
administrative authority, and/or any dispute resolution service provider the
Registry may hereafter retain to oversee the arbitration and mediation of
disputes, and/or any other applicable laws, regulations, policies or decrees;
(d) to avoid any liability on behalf of the Registry, including its respective
affiliates, directors, officers, employees, subcontractors and/or agents.
3.
You agree and warrant that the application for the domain name has been made
and will continue to be in good faith, for a lawful purpose; that the domain
name does not infringe the rights of any third party; and that you will not use
the TLD for any unlawful or defamatory purposes, or contrary to public order or
morality.
4.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data
associated therewith.
e.
You agree to participate in good faith in any proceeding described in the
applicable TLD policies (available at
http://support.registreer.frl/hc/en-us/articles/201845122-Registry-Policies).
APPENDIX 'BQ'
.AMSTERDAM SPECIFIC
CONDITIONS -
Should
you seek to register a .AMSTERDAM TLD ("Registry
TLD") from dotAmsterdam BVBV
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .AMSTERDAM
domain registrations.
1.
You agree to comply with the applicable TLD policies (available at
http://nic.amsterdam/).
2.
You acknowledge and agree that Registry shall be entitled to reject a request
for registration or suspend, revoke, or delete a domain name in its discretion:
(a) if and when the Registry does not hold complete and accurate information as
described in the respective Registry TLD policies, or the domain name is not in
compliance with any other provision of such Registry TLD policies; (b) to
protect the integrity and stability of the shared registry system, and/or the
operation and/or management of the Registry TLD; (c) in order to comply with
applicable laws and regulations, and/or any decision by a competent court or
administrative authority, and/or any dispute resolution service provider the
Registry may hereafter retain to oversee the arbitration and mediation of
disputes, and/or any other applicable laws, regulations, policies or decrees;
(d) to avoid any liability on behalf of the Registry, including its respective
affiliates, directors, officers, employees, subcontractors and/or agents.
3.
You agree and warrant that the application for the domain name has been made
and will continue to be in good faith, for a lawful purpose; that the domain
name does not infringe the rights of any third party; and that you will not use
the TLD for any unlawful or defamatory purposes, or contrary to public order or
morality.
4.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data
associated therewith.
e.
You agree to participate in good faith in any proceeding described in the
applicable TLD policies (available at http://nic.amsterdam/).
APPENDIX 'BR'
ICM REGISTRY PN LLC
SPECIFIC CONDITIONS -
Should
you seek to register a .ADULT, .PORN or .SEX TLD
("Registry TLD") from ICM Registry PN LLC ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .ADULT, .PORN and .SEX domain
registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time.
2.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data
associated therewith.
3.
You agree the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to protect the integrity and stability of the registry
system; (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, employees, and
stockholders; (d) per the terms of the Registry-Registrant Agreement (available
at http://www.icmregistry.com/about/policies/registry-registrant-agreement/)
(e) for violations of this registration agreement; (f) for the non-payment of
fees by Registrar; or (g) to correct mistakes made by Registry or any registrar
of record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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, (b) refunds or
credits from the Registry for any errors or mistakes caused by the Registrar,
and (c) the results of any dispute over a sunrise registration.
6.
You agree to be bound by the policies, procedures and practices for the
Registry's Limited Registration periods.
7.
You agree to comply with the public interest commitments as set forth in
Specification 11 in the Registry Agreement (available at
https://www.icann.org/resources/agreement/adult-2014-10-16-en for .ADULT, at
https://www.icann.org/resources/agreement/porn-2014-10-16-en for .PORN and at
https://www.icann.org/resources/agreement/sex-2014-11-13-en for .SEX), and
Government Advisory Committee safeguards as published or provided to the
Registrar by the Registry.
8.
You understand and agree Registry Operator may label your site, or any site to
which the domain name redirects irrespective of the top-level domain, for child
protection purposes.
APPENDIX 'BS'
JIANGSU BANGNING
SCIENCE & TECHNOLOGY CO., LTD. SPECIFIC CONDITIONS -
Should
you seek to register a .TOP TLD ("Registry TLD") from Jiangsu Bangning Science & Technology Co., Ltd.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .TOP domain
registrations.
1.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLDs established from time to time by the Registry.
3.
You agree to comply with all Registry policies (available at
http://www.nic.top/en/policy.asp) and agree that the Registry policies are
incorporated into this Registration Agreement.
APPENDIX 'BT'
DOT-IRISH LLC
SPECIFIC CONDITIONS -
Should
you seek to register a .IRISH TLD ("Registry
TLD") from Dot-Irish LLC ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
Section conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .IRISH domain registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time.
2.
You agree to immediately correct and update the Registration Information for
the Registered Name Holder upon any change.
3.
You acknowledge and agree that Registry 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) for the non-payment of fees by Registrar, or (f) to
correct mistakes made by Registry or any Registrar in connection with a domain
name registration. Registry also reserves the right to place upon registry
lock, hold or similar status a domain name during resolution of a dispute.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without any sunrise period, limited registration
period, or landrush period, and the dispute
resolution policies and rights protection mechanisms mandated by ICANN or the
Registry, and further to acknowledge that Registry has 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.
APPENDIX 'BU'
MONOLITH REGISTRY LLC
SPECIFIC CONDITIONS -
Should
you seek to register a .VOTE or a .VOTO TLD ("Registry TLDs") from
Monolith Registry LLC ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .VOTE and .VOTO domain registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time by the
Registry.
2.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data
associated therewith.
3.
You agree that the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to protect the integrity and stability of the registry
system; (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, employees, and stockholders;
(d) per the terms of this registration agreement; (e) for the non-payment of
fees by Registrar; or (f) to correct mistakes made by Registry or any registrar
of record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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.
You agree to comply with the public interest commitments as set forth in
Specification 11 in the Registry Agreement (available at
https://www.icann.org/resources/agreement/vote-2013-11-21-en for .VOTE and at
https://www.icann.org/resources/agreement/voto-2013-11-21-en for .VOTO),
community registration policies as set forth in Specification 12 in the
Registry Agreement (available at
https://www.icann.org/resources/agreement/vote-2013-11-21-en for .VOTE and at
https://www.icann.org/resources/agreement/voto-2013-11-21-en for .VOTO) and
Government Advisory Committee safeguards as published or provided to the
Registrar by the Registry.
APPENDIX 'BV'
INTERNATIONAL DOMAIN
REGISTRY PTY LTD SPECIFIC CONDITIONS -
Should
you seek to register a شبكة.
(".SHABAKA") ("Registry TLD") from the International Domain
Registry Pty Ltd ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all .SHABAKA domain registrations.
1.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
2.
You agree to comply with all ICANN rights protection mechanisms (available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-30sep13-en),
and to submit to any proceedings brought in accordance with ICANN rights
protection mechanisms.
3.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
4.
You agree to comply with the Registry's published policies (available at
http://www.dotshabaka.com/policies-en.php).
5.
You represent you have the authority to enter into the registration agreement.
6.
You agree and understand that the application for a domain name may not result
in the domain name being registered to you.
7.
You agree and understand certain domain names may not be available.
8.
You agree that the Registry may reserve certain domain names.
9.
You agree that during certain periods, multiple applications for the same
domain name may be accepted, that those applications will be subject to
allocation procedures established by the Registry, and that you will pay the
applicable fees for the allocation procedure.
10.
You agree the Registry may prevent a domain registration, or cancel, lock,
place on hold, transfer or delete any domain name it deems necessary in its
sole discretion.
11.
You agree to the price for the domain name and additional services displayed on
our website.
12.
You agree that the price for registration of the domain name and the price for
renewal of the domain name may be different.
13.
You agree that no refund will be offered for your failure to review or
understand the fees.
14.
You agree the Registry or its service providers may contact you in relation to
your domain name.
15.
You agree that your failure to provide sufficient information to verify your
domain registration may result in the rejection of your domain registration
application.
16.
You must ensure that neither the registration of the domain, nor the manner in
which it is directly or indirectly used infringes the intellectual property
rights of any third party.
APPENDIX 'BW'
BESTTLD PTY LTD.
SPECIFIC CONDITIONS -
Should
you seek to register a .BEST TLD ("Registry TLD") from BESTTLD Pty
Ltd. ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.BEST domain registrations.
1.
You agree to comply with the Registrant Agreement (available at http://aboutus.best/registrantagreement/)
and Registry Policies (available at http://aboutus.best/overview.html),
operational standards, policies, procedures and practices for the Registry TLD
established from time to time by Registry in a non-arbitrary manner and
applicable to all registrars, including affiliates of Registry, and consistent
with ICANN's standards, policies, procedures, and practices and Registry's
Registry Agreement with ICANN.
2.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension (URS), Complaint
Resolution Service (CRS), or any other dispute resolution mechanism imposed by
ICANN and/or organized by Registry (available at http://aboutus.best/overview.html).
3.
You are obliged and required to ensure that your use of a domain name in the
Registry TLD is at all times lawful and in accordance with the requirements of
the Registry Polices and applicable laws and regulations, including those of
the Registrant's country of residence and ICANN Consensus Policies, including
but not limited to those that relate to privacy, data collection, consumer
protection (including in relation to misleading and deceptive conduct), fair
lending, debt collection, disclosure of data, and financial disclosures.
4.
If you collect and maintain sensitive health and financial data using a
Registry TLD registration, you must implement reasonable and appropriate
security measures commensurate with the offering of those services, as defined
by applicable law. Where applicable, you represent that you possesses any
necessary authorizations, charters, licenses and/or other related credentials
for participation in the sector associated with the Registry TLD; material
changes to the validity of such credentials must be reported to the Registry.
5.
You must comply with any ICANN standards, policies, procedures, and practices
for which Registry has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN.
APPENDIX 'BX'
NATIONAL INTERNET
EXCHANGE OF INDIA SPECIFIC CONDITIONS -
Should
you seek to register a an IDN TLD such that .भारत, .ভারত, .భారత్, .ભારત, بھارت., .இந்தியா, and .ਭਾਰਤ ("Registry
TLD") from National Internet Exchange of India ("Registry"), you
must agree to be bound by the Registry Terms and Conditions for Registrants
(available at
https://www.registry.in/system/files/IDN_Terms_and_Conditions_for_Registrants_2.pdf).
In the event that a term in the Registry Terms and Conditions conflicts with
the Registration Agreement, the terms of the Registry Terms and Conditions
shall apply to any and all IDN TLD domain registrations from Registry.
APPENDIX 'BY'
.KIWI SPECIFIC CONDITIONS
-
Should
you seek to register a .KIWI top level domain, you must agree to be bound by
the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .KIWI domain registrations.
1.
You acknowledge and agree that Dot Kiwi Limited ("Registry Operator")
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
as it deems necessary, in its unlimited and sole discretion: (a) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g., RFCs); (b) to correct
mistakes made by Registry Operator or registrar of record in connection with a
domain name registration; (c) if required by a URS, UDRP, DRS, or CRS
proceeding; or (d) for the non-payment of fees to Registry Operator.
2.
You agree to comply with all Registry Operator policies set forth on the
Registry Operator's website at https://hello.kiwi/policies.
3.
You agree to submit to the Uniform Domain Name Dispute Resolution Policy
(UDRP), Uniform Rapid Suspension (URS), Dispute Resolution Service (DRS),
Complaint Resolution Service (CRS), available at https://hello.kiwi/policies,
and the Inter-Registrar Transfer Policy, available at
http://www.icann.org/en/resources/registrars/transfers/policy, each in their
most recent form and each as may be amended from time to time.
APPENDIX 'BZ'
.ONE SPECIFIC
CONDITIONS -
Should
you seek to register a .ONE TLD ("Registry
TLD") from One Registry ("Registry"), you must agree to be bound
by the following additional terms. In the event that a term in this Section
conflicts with the Registration Agreement, the terms of this Section shall
apply to any and all .ONE domain registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time.
2.
You acknowledge and agree the Registry 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 as it deems necessary, in its unlimited
and sole 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 or (e) to correct mistakes made by
Registry or any Registrar in connection with a domain name registration.
3.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
4.
You agree to immediately correct and update the registration information for
the domain name during the registration term for, including personal data associated
therewith.
APPENDIX 'CA'
.CEO SPECIFIC
CONDITIONS -
Should
you seek to register a .CEO TLD ("Registry TLD") from CEOTLD Pty Ltd.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .CEO domain
registrations.
1.
You agree to comply with any ICANN standards, policies, procedures, and
practices for which Registry has monitoring responsibility in accordance with
the Registry Agreement or other arrangement with ICANN.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
3.
You agree to comply with the Registry's policies, including the Registrant
Agreement, (available at
https://drive.google.com/folderview?id=0B_Dl_papOCW3ZU14cTQtUVYtWW8&usp=sharing),
operational standards, policies, procedures and practices for the Registry TLD
established by Registry.
4.
You acknowledge and agree that Registry 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 comply with specifications adopted by any industry group
generally recognized as authoritative with respect to the Internet (e.g. RFCs);
(b) to correct mistakes made by the Registry or any Registrar in connection
with a domain name registration; (c) if required by a URS, UDRP, CRS
proceeding; or (d) for the non-payment of fees to the Registry.
5.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy (UDRP), the Uniform Rapid Suspension (URS), Complaint
Resolution Service (CRS), or any other dispute resolution mechanism imposed by
ICANN and/or organized by Registry, and the Inter-Registrar Transfer Policy
(IRTP).
APPENDIX 'CB'
TLD REGISTRY LTD.
SPECIFIC CONDITIONS -
Should
you seek to register a .在线 or .中文网 TLD (dot Chinese
Online and dot Chinese Website, respectively) ("Registry TLDs") from
TLD Registry Ltd. ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this Section conflicts
with the Registration Agreement, the terms of this Section shall apply to any
and all .在线 or .中文网 domain
registrations.
1.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time.
2.
You agree to immediately correct and update the registration information for
the domain name during the registration term, including personal data
associated therewith.
3.
You acknowledge and agree the Registry 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 as it deems necessary, in its unlimited
and sole 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 or (e) to correct mistakes made by
Registry or any Registrar in connection with a domain name registration. The
Registry also reserves the right to lock a domain name during the resolution of
a dispute.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
5.
You agree the Registry has 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 the ability or inability to
obtain a domain name or the results of any dispute over a sunrise registration.
APPENDIX 'CC'
.SKI SPECIFIC
CONDITIONS -
Should
you seek to register a .SKI TLD ("Registry TLD") from Starting Dot
Limited ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.SKI domain registrations.
1.
You acknowledge and agree that the Registry 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 or (e) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN's standards, policies, procedures, and
practices and Registry's Registry Agreement with ICANN.
3.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP"), the Uniform Rapid Suspension
("URS"), or any other dispute resolution mechanism imposed by ICANN
and/or organized by Registry, available at http://www.dot-ski.com/.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term for, including personal data
associated therewith.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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.
6.
You acknowledge that you have received all Registry Policies, including those
found in this Registration Agreement, the .BIO Domain Name Policy available at
https://www.startingdot.com/dnp/ski/, and other Registry Policies available at
https://www.startingdot.com/policies/.
7.
You must comply with any ICANN standards, policies, procedures, and practices
for which Registry has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN.
APPENDIX 'CD'
I-REGISTRY LTD.
SPECIFIC CONDITIONS -
Should
you seek to register a .RICH or a .ONL TLD
("Registry TLD") from I-Registry Ltd. ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all .RICH and .ONL domain registrations.
1.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
2.
You acknowledge and agree that Registry reserves the right to change the status
of the domain name during the resolution of a dispute or a compliance audit
procedure (e.g. put on hold, lock), as well as to deny, cancel, modify or
transfer any registration as it deems necessary, in its unlimited and sole
discretion to: (a) protect the integrity, security and stability of the
registry system; (b) comply with all appropriate laws, government rules or
relevant authority, or in compliance with any dispute resolution process; (c)
avoid any liability of Registry, its affiliates, shareholders, subsidiaries,
officers, directors, and employees; stop or prevent any violations of any terms
and conditions of this Registration Agreement; (d) correct mistakes made by
Registry, Registry service providers, or any registrar in relation to a Domain
Name registration; and (e) ensure compliance with ICANN and/or Registry
policies.
3.
You, as the Registrant acknowledges having read and understood and agrees 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:
a. The Uniform Domain Name Dispute Resolution Policy,
available at http://www.icann.org/en/help/dndr/udrp/policy;
b. The Uniform Rapid Suspension Procedure and Rules,
available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
c. The Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/help/dndr/tdrp.
4.
You agree to comply with all Registry policies, including those available at
http://www.i-registry.com/policies.htm, including the Anti-Abuse policies and
Terms of Service, if any, as they may be instituted. You further agree that the
German versions of the policies govern and the English versions are provided
for convenience only.
5.
You acknowledge and agree that the Registry is and shall be an intended third
party beneficiary of the obligations you undertake under your registration
agreement with the Registrar and these registration terms. You acknowledge and
agree that the Registry's third party beneficiary rights have vested, and shall
survive any termination or expiration of your registration or reservation.
6.
You agree the Registry is entitled at any time during the term of this
Registration Agreement to verify the accuracy and completeness of any
information provided.
7.
You agree you are fully responsible for the registration and use of the
registered domain name.
8.
You agree that if you use a proxy, privacy, and/or third-party service provider
to register a domain name on your behalf, the proxy, privacy and/or third-party
service provider will be deemed to be the domain registrant and any actions
and/or inactions that are in violation of any applicable policies, rules,
procedures, terms, conditions, regulations and/or applicable law are the
responsibility of the registrant.
APPENDIX 'CE'
.TIROL SPECIFIC
CONDITIONS -
Should
you seek to register a .TIROL TLD ("Registry TLD") from punkt Tirol GMbH
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this Section conflicts with the Registration
Agreement, the terms of this Section shall apply to any and all .TIROL domain
registrations.
1.
You agree to be bound by the terms and conditions of the Registry policies
(available at http://www.nic.tirol/).
2.
You agree the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to protect the integrity and stability of the registry
system; (b) to comply with any applicable laws, government rules or
requirements, requests of law enforcement, or any dispute resolution process;
(c) to comply with applicable ICANN rules or regulations; (d) to avoid any
liability, civil or criminal, on the part of Registry, as well as its
affiliates, subsidiaries, officers, directors, employees, and stockholders; (e)
per the terms of the registry agreement (available at https://www.icann.org/resources/agreement/tirol-2014-04-24-en)
(f) to correct mistakes made by Registry or any registrar of record in
connection with a domain name registration. The Registry also reserves the
right to lock or place on hold a domain name during the resolution of a dispute.
3.
You agree to submit to proceedings commenced under other dispute policies as
set forth by Registry, including but not limited to processes for the
suspension of a domain name pursuant to claims made by intellectual property
right holders, Internet engineering and security experts, or other competent
claimants for the purpose of upholding the stability, security, and integrity
of the Registry.
4.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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, (b) the results of
any dispute over a sunrise registration.
APPENDIX 'CF'
.JETZT SPECIFIC
CONDITIONS -
Should
you seek to register a .JETZT TLD ("Registry TLD") from New TLD
Company AB ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .JETZT domain
registrations.
1.
You agree that the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to protect the integrity and stability of the registry
system; (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, employees, and
stockholders; (d) for violations of this Registration Agreement; or (e) to
correct mistakes made by Registry or any registrar of record in connection with
a domain name registration. The Registry
also reserves the right to lock or place on hold a domain name during the
resolution of a dispute.
2.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
3.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
4.
You acknowledge having 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 by reference and made an integral part of
this Registration Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy
(available at http://www.icann.org/en/help/dndr/udrp/policy); and
(ii)
The Uniform Rapid Suspension policy (available at
https://www.icann.org/resources/pages/urs-2014-01-09-en).
The
UDRP and URS set forth the terms and conditions in connection with a dispute
between a Registered Name Holder and any party other than the Registry or
registrar of record over the registration and use of a domain name registered
by Registered Name Holder.
5.
You certify that:
(i) the data provided in the domain
name registration application is true, correct, and complete;
(ii)
you will keep the Registration Information up to date;
and
(iii)
you consent to the collection and use of your personal
data per the Registry's Privacy Policy (available at http://www.newtldcompany.com/media/Jetzt_Privacy-Policy.pdf).
APPENDIX 'CG'
DNS BELGIUM VZW
SPECIFIC CONDITIONS -
Should
you seek to register a .BRUSSELS or .VLAANDEREN TLD ("Registry TLD")
from DNS Belgium vzw ("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this section conflicts with the Registration Agreement, the terms of this
section shall apply to any and all .BRUSSELS and .VLAANDEREN domain
registrations.
1.
You agree to comply with the Registry TLD policies (available at
http://dnsbelgium.be/).
2.
You acknowledge and agree that Registry 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) if and when the Registry does not hold complete and accurate
information as described in the respective Registry TLD policies, or is not in
compliance with any other provision of such TLD Policies; (b) to protect the
integrity and stability of the shared registry system, and/or the operation
and/or management of one or more TLDs; (c) in order to comply with applicable
laws and regulations, and/or any decision by a competent court of
administrative authority and/or any dispute resolution service provider the
Registry may hereafter retain to oversee the arbitration and mediation of
disputes; and/or any other applicable laws, regulations, policies or decrees;
(d) to avoid any liability on behalf of the Registry, including their
respective affiliates, directors, officers, employees, subcontractors and/or
agents; or (e) following the outcome of a Sunrise Reconsideration Proceeding
(as defined in the respective TLD Policies).
APPENDIX 'CH'
.COURSES and .STUDY
SPECIFIC CONDITIONS -
Should
you seek to register a .COURSES or .STUDY TLD ("Registry TLD") from
the Open Universities Australia Pty. Ltd. ("Registry"), you must
agree to be bound by the following additional terms. In the event that a term
in this section conflicts with the Registration Agreement, the terms of this
section shall apply to any and all .COURSES and .STUDY domain registrations.
1.
You agree that Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
discretion: (a) to protect the integrity and stability of the Registry System;
(b) to comply with its obligations as a Registry Operator; (c) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, or in compliance with any dispute resolution policies or process;
(d) to avoid any liability, civil or criminal, on the part of Registry
Operator, as well as its affiliates, subsidiaries, officers, directors,
employees and subcontractors; (e) to ensure compliance with Registry policies;
(f) to stop or prevent any violations of any terms and conditions of the
Registration Agreement; (g) for the non-payment to the Registry Operator of any
fee; or (h) to correct mistakes made by the Registry Operator or any Registrar
or any of its service provide in connection with an application or a domain
name.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry,
including the registration policies (available at http://nic.courses/ for
.COURSES and at http://nic.study/ for .STUDY).
3.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices.
5.
You agree that the TLD may have non-uniform pricing and the cost of initial
registration may differ from the cost of renewal.
6.
You represent and warrant you have the authority to enter into this
Registration Agreement.
7.
You agree that your application may not result in a domain name registration,
that some domain names are unavailable.
8.
You agree that some domain names will be subject to the Registry's special
allocation procedure and that such domain names may require payment of
additional fees.
9.
You agree to pay all fees associated with the application for your domain name
and that no refund will be available for your failure to understand the fees.
10.
You agree you may be contacted by the Registry or its service providers in
relation to your domain name registration.
11.
You agree that your failure to provide adequate information to verify your
domain name registration application may result in your application being
cancelled.
APPENDIX 'CI'
.FILM SPECIFIC
CONDITIONS -
Should
you seek to register a .FILM TLD ("Registry TLD") from the Motion
Picture Domain Registry Pty. Ltd. ("Registry"), you must agree to be
bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all .FILM domain registrations.
1.
You agree that Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
discretion: (a) to protect the integrity and stability of the Registry System;
(b) to comply with its obligations as a Registry Operator; (c) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, or in compliance with any dispute resolution policies or process;
(d) to avoid any liability, civil or criminal, on the part of Registry
Operator, as well as its affiliates, subsidiaries, officers, directors,
employees and subcontractors; (e) to ensure compliance with Registry policies;
(f) to stop or prevent any violations of any terms and conditions of the
Registration Agreement; (g) for the non-payment to the Registry Operator of any
fee; or (h) to correct mistakes made by the Registry Operator or any Registrar
or any of its service providers in connection with an application or a domain
name.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry,
including the registration policies (available at http://go.film/policies/).
3.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices.
5.
You agree that the TLD may have non-uniform pricing and the cost of initial
registration may differ from the cost of renewal.
6.
You represent and warrant you have the authority to enter into this
Registration Agreement.
7.
You agree that your application may not result in a domain name registration,
that some domain names are unavailable.
8.
You agree that some domain names will be subject to the Registry's special
allocation procedure and that such domain names may require payment of
additional fees.
9.
You agree to pay all fees associated with the application for your domain name
and that no refund will be available for your failure to understand the fees.
10.
You agree you may be contacted by the Registry or its service providers in
relation to your domain name registration.
11.
You agree that your failure to provide adequate information to verify your
domain name registration application may result in your application being
cancelled.
APPENDIX 'CJ'
.LTDA and .SLR SPECIFIC
CONDITIONS -
Should
you seek to register a .LTDA or .SLR TLD
("Registry TLD") from InterNetX Corp.
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .LTDA or .SLR
domain registrations.
1.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data associated
therewith.
2.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time.
3.
You represent you possess any necessary authorizations, charters, licenses,
and/or other related credentials for participation in the sector associated
with this TLD.
4.
You agree to comply with all applicable laws including those that relate to
privacy, data collection, organic farming, disclosure of data and financial
regulations.
5.
You agree to provide, and report any changes to, contact information for the
relevant regulatory, or industry self-regulatory, bodies in your main place of
business. This information may be submitted to compliance@domain-inc.net.
6.
You acknowledge and agree that if you collect and maintain sensitive health and
financial data you must implement reasonable and appropriate security measures
commensurate with the offering of those services, as defined by applicable law.
7.
You agree to comply with all ICANN standards, policies, procedures and
practices as may be adopted or amended from time to time.
8.
You agree to comply with the Registry's Acceptable Use Policy and Eligibility
Policy (each available at https://www.internetx.info/).
9.
You agree the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion: (a) to protect the integrity and stability of the registry
system; (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, employees, and stockholders;
(d) per the terms of the registration agreement; (e) for the non-payment of
fees by Registrar; (f) to correct mistakes made by Registry or any registrar of
record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
10.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, limited
registration period or land rush period and further to acknowledge that
Registry has 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, (b) the results of
any dispute over a sunrise registration.
APPENDIX 'CK'
.BAYERN SPECIFIC
CONDITIONS -
Should
you seek to register a .BAYERN TLD ("Registry TLD") from Bayern Connect
GmbH (Ltd.) ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.BAYERN domain registrations.
1.
You agree the Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
discretion: (a) to comply with
specifications adopted by any industry group generally recognized as
authoritative with respect to the Internet (e.g. RFCs); (b) to correct mistakes
made by the Registry or any registrar in connection with a domain name
registration; (c) if required by a URS or UDRP, proceeding; (d) under the terms
of the Registry Policies; or (e) for the non-payment of fees to the Registry.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, or land rush
period, and the dispute resolution policies and rights protection mechanisms
mandated by ICANN or the Registry, and further to acknowledge the Registry has
no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the sunrise period, land rush period or
other period associated with the initial launch of the Registry TLD, including,
without limitation: (a) the ability or inability of a registrant to obtain a
registration during these periods, and (b) the results of any dispute
resolution process regarding a registration.
3.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term.
5.
You agree that Registry is entitled to verify (a) the truth, accuracy and
completeness of any information provided by the Registered Name Holder; and (b)
the compliance of the Registered Name Holder with the Registry's Policies.
6.
You agree to submit to the Uniform Domain Name Dispute Resolution Policy
(https://www.icann.org/resources/pages/help/dndr/udrp-en), Uniform Rapid
Suspension (http://newgtlds.icann.org/en/applicants/urs), the Inter-Registrar
Transfer Policy
(http://www.icann.org/en/resources/registrars/transfers/policy), and the
Registry's Registry Policies (http://nic.bayern/die-bayern-domain-en-gb/guidelines/)
each in their most recent form and each as may be amended from time to time.
7.
You agree to comply with all ICANN standards, policies, procedures and
practices for which the Registry has monitoring responsibility.
8.
You agree that neither the registration of the domain, nor the manner in which
it is used, infringes the legal rights of any third party or violates any
applicable law or regulation.
9.
You agree to comply with all applicable laws including those that relate to
privacy, data collection, consumer protection (including in relation to
misleading and deceptive conduct) and applicable consumer laws in respect of
fair lending, debt collection, organic farming (if applicable), disclosure of
data and financial regulations.
10.
You agree that if you collect and maintain sensitive health and/or financial
data, you will comply with applicable laws on the provision of such services
and including security measures applicable to that sector.
APPENDIX 'CL'
.BIO SPECIFIC
CONDITIONS -
Should
you seek to register a .BIO TLD ("Registry TLD") from Starting Dot
Limited ("Registry"), you must agree to be bound by the following
additional terms. In the event that a term in this section conflicts with the
Registration Agreement, the terms of this section shall apply to any and all
.BIO domain registrations.
1.
You acknowledge and agree that Registry 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 or (e) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN's standards, policies, procedures, and
practices and Registry's Registry Agreement with ICANN.
3.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP"), the Uniform Rapid Suspension
("URS"), or any other dispute resolution mechanism imposed by ICANN
and/or organized by Registry, available at http://www.domains.bio/landing/.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term for, including personal data
associated therewith.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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.
6.
You acknowledge that you have received all Registry Policies, including those
found in this Registration Agreement, the .BIO Domain Name Policy available at
https://www.startingdot.com/dnp/bio/, and other Registry Policies available at
https://www.startingdot.com/policies/.
7.
You must comply with any ICANN standards, policies, procedures, and practices
for which Registry has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN.
APPENDIX 'CM'
.ARCHI SPECIFIC
CONDITIONS -
Should
you seek to register a .ARCHI TLD ("Registry
TLD") from Starting Dot Limited ("Registry"), you must agree to
be bound by the following additional terms. In the event that a term in this
section conflicts with the Registration Agreement, the terms of this section
shall apply to any and all .ARCHI domain registrations.
1.
You acknowledge and agree that Registry 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 or (e) to correct mistakes made by Registry or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You must comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN's standards, policies, procedures, and
practices and Registry's Registry Agreement with ICANN.
3.
You agree to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP"), the Uniform Rapid Suspension
("URS"), or any other dispute resolution mechanism imposed by ICANN
and/or organized by Registry, available at http://dot-archi.com/.
4.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term for, including personal data
associated therewith.
5.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, and the Sunrise Dispute Resolution Policy, and further to acknowledge
that Registry has 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.
6.
You acknowledge that you have received all Registry Policies, including those
found in this Registration Agreement, the .ARCHI Domain Name Policy available
at https://www.startingdot.com/dnp/archi/, and other Registry Policies
available at https://www.startingdot.com/policies/.
7.
You must comply with any ICANN standards, policies, procedures, and practices for
which Registry has monitoring responsibility in accordance with the Registry
Agreement or other arrangement with ICANN.
APPENDIX 'CN'
.MELBOURNE and
.SYDNEY SPECIFIC CONDITIONS -
Should
you seek to register a .MELBOURNE or .SYDNEY TLD ("Registry TLD")
from the State of Victoria or the State of New South Wales, respectively
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .MELBOURNE and
.SYDNEY domain registrations.
1.
You agree that Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
discretion: (a) to protect the integrity and stability of the Registry System;
(b) to comply with its obligations as a Registry Operator; (c) to comply with
any applicable laws, government rules or requirements, requests of law
enforcement, or in compliance with any dispute resolution policies or process;
(d) to avoid any liability, civil or criminal, on the part of Registry
Operator, as well as its affiliates, subsidiaries, officers, directors, employees
and subcontractors; (e) to ensure compliance with Registry policies; (f) to
stop or prevent any violations of any terms and conditions of the Registration
Agreement; (g) for the non-payment to the Registry Operator of any fee; or (h)
to correct mistakes made by the Registry Operator or any Registrar or any of
its service providers in connection with an application or a domain name.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry,
including the registration policies (available at
http://nic.melbourne/policies/ for .MELBOURNE and at
http://nic.sydney/policies/ for .SYDNEY).
3.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data
associated therewith.
4.
You agree to comply with all ICANN standards, policies, procedures and
practices.
5.
You agree that the TLD may have non-uniform pricing and the cost of initial
registration may differ from the cost of renewal.
6.
You represent and warrant you have the authority to enter into this
Registration Agreement.
7.
You agree that your application may not result in a domain name registration,
that some domain names are unavailable.
8.
You agree that some domain names will be subject to the Registry's special
allocation procedure and that such domain names may require payment of
additional fees.
9.
You agree to pay all fees associated with the application for your domain name
and that no refund will be available for your failure to understand the fees.
10.
You agree you may be contacted by the Registry or its service providers in
relation to your domain name registration.
11.
You agree that your failure to provide adequate information to verify your
domain name registration application may result in your application being
cancelled.
APPENDIX 'CO'
.CLOUD SPECIFIC
CONDITIONS -
Should
you seek to register a .CLOUD ("Registry TLD") from Aruba PEC SpA ("Registry"), you must agree to be bound by
the following additional terms. In the event that a term in this section
conflicts with the Registration Agreement, the terms of this section shall
apply to any and all .CLOUD.
1.
You agree that Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
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 the 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. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period or landrush period, the procedure and process for compliance
with the ICANN Trademark Clearinghouse, and any sunrise dispute resolution
policy. You further agree the Registry has no liability resulting from the
proceedings, or for the ability or inability of a registrant to obtain a domain
name or the results of any dispute over a sunrise registration.
3.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry,
including the policies available on the Registry's website (available at
https://nic.cloud/policies.aspx).
4.
You agree to comply with all applicable laws, including those that relate to
privacy, data collection, consumer protection (including in relation to
misleading and deceptive conduct), fair lending, debt collection, organic
farming, disclosure of data, and financial disclosures.
5.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
APPENDIX 'CP'
.CO.COM SPECIFIC
CONDITIONS -
Should
you seek to register a .CO.COM SLD ("Registry SLD") from co.com LLC
("Registry"), you must agree to comply with the Registry’s co.com
Registrant Terms and Conditions (available at
https://registry.co.com/policy/registrant-terms-conditions/). In the event that a term in the co.com Registrant Terms and Conditions
conflicts with the Registration Agreement, the terms of the co.com Registrant
Terms and Conditions shall apply to any and all .CO.COM domain registrations.
APPENDIX 'CQ'
.JOBS SPECIFIC
CONDITIONS -
Should
you seek to register a .JOBS ("Registry TLD") from Employ Media LLC
("Registry"), you must agree to be bound by the following additional
terms. In the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .JOBS domain
registrations.
1.
You represent and warrant that you comply with (a) the registrant eligibility
requirements, including the qualifications and use restrictions set Registry-Registrant
agreement, available at http://nic.jobs/reg.agreement.asp.
2.
You agree to comply with the terms of the Registry-Registrant agreement,
available at http://nic.jobs/reg.agreement.asp.
3.
You agree the Registry in its sole discretion may revoke, cancel, deny,
transfer, suspend, terminator or otherwise modify your rights regarding a
registered domain without any notice in the event of non-compliance with any
Registry or Registry policy or agreement.
4.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
5.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
6.
You agree to comply with all Registry and Registrar requirements and protocols
to exchange domain registration information.
7.
You acknowledge and agree that the Registry is and shall be an intended third
party beneficiary of this agreement with a right to enforce the terms and
provisions contained within the agreement.
APPENDIX 'CR'
TOP LEVEL DESIGN LLC
Registry SPECIFIC CONDITIONS -
Should
you seek to register a TLD from Top Level Design LLC (“Registry”), you must
agree to be bound by the following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement, the terms of this
Section shall apply to any and all .WIKI, .INK, .DESIGN domain registrations.
1.
You agree the Registry reserves the right to deny, cancel, place on
registry-lock or hold, or transfer any registration that it deems necessary, in
its sole discretion:
(1)
to protect the integrity and stability of the registry
system;
(2)
to comply with any applicable laws, government rules
or requirements, requests of law enforcement, or any dispute resolution
process;
(3)
to avoid any liability, civil or criminal, on the part of Registry, as well as
its affiliates, subsidiaries, officers, directors, employees, and stockholders;
(4)
per the terms of the Registry-Registrant Agreement
(available here)
(5)
to correct mistakes made by Registry or any registrar
of record in connection with a domain name registration. The Registry also
reserves the right to lock or place on hold a domain name during the resolution
of a dispute.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation the sunrise period and the land rush
period, the procedure and process for compliance with the ICANN Trademark
Clearinghouse and any Sunrise Dispute Resolution Policy, and further that
Registry has no liability of any kind for any loss or liability resulting from
the proceedings and processes relating to the sunrise period or the land rush
period, including, without limitation:
(1)
the ability or inability of a registrant to obtain a
registered name during these periods,
(2)
the results of any dispute over a sunrise
registration.
3.
You agree to comply with the operational standards, policies, procedures and
practices as established by the Registry, including without limitation the
Registry’s service provider policies, available at
https://www.centralnic.com/support/terms/domains, and the Registry’s policies,
available at http://toplevel.design/policy/.
4.
You agree to comply with all applicable laws including those that relate to
privacy, data collection, consumer protection (including in relation to
misleading and deceptive conduct) and applicable consumer laws in respect of
fair lending, debt collection, organic farming (if applicable), disclosure of
data and financial regulations.
5.
You understand and agree to comply with all ICANN standards, policies,
procedures and practices for which the Registry has monitoring responsibility.
6.
You agree that if you collect and maintain sensitive health and/or financial
data, you will comply with applicable laws on the provision of such services
and including security measures applicable to that sector.
7.
You agree that the TLD may have non-uniform pricing and the cost of initial
registration may differ from the cost of renewal.
APPENDIX 'CS'
Should
you seek to register a .BOATS, .HOMES and .YACHTS gTLD
from Dominion Registries (“Registry”), you must agree to be bound by the
following additional terms. In the event that a term
in this Section conflicts with the Registration Agreement,
the terms of this Section shall apply to any and all Dominion Registries.
1.
You agree to be bound by the terms of the Registry’s policies, including the
Registration Policy (for .BOATS (http://domains.boats/Policies), for .HOMES
(http://domains.homes/Policies)
and for .YACHTS
(http://domains.yachts/Policies)).
2.
You agree you satisfy the eligibility requirements for the TLD as specified in
the Registration Policy (for .BOATS (http://domains.boats/Policies), for .HOMES
(http://domains.homes/Policies)
and for .YACHTS (http://domains.yachts/Policies)) for the respective TLD.
3.
You agree your domain name may not be allocated until the Registry determines
you satisfy the eligibility requirements.
4.
You agree to comply with ICANN standards, policies, procedures, and practices
for which Registry has monitoring responsibility in accordance with the
Registry Agreement or other arrangement with ICANN.
APPENDIX 'CT'
Should
you seek to register a .PHYSIO TLD (“Registry TLD”) from Phys Biz Pty Ltd
(“Registry”), you must agree to be bound by the following additional terms. In
the event that a term in this section conflicts with the Registration
Agreement, the terms of this section shall apply to any and all .PHYSIO domain
registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices which are:
(1)
published on the Registry’s website
(http://www.registrydotphysio.com/), including without limitation the
Anti-Abuse Policy
(http://nic.physio/data/nic.physio/Acceptable%20Use%20Policy.pdf);
(2)
required by the .physio Registry Agreement
(https://www.icann.org/resources/agreement/physio-2014-05-01-en); and
(3)
established from time to time by the Registry in a
non-arbitrary manner, consistent with the Registry Agreement and ICANN’s
standards, policies, procedures and practices.
2.
You acknowledge and agree the Registry 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 as it deems necessary, in its unlimited
and sole discretion:
(1)
to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.
RFCs);
(2)
to correct mistakes made by the Registry or any
registrar in connection with a domain name registration;
(3)
if required by a URS or UDRP, proceeding;
(4)
under the terms of the Registry Policies; and
(5)
for the non-payment of fees to the Registry.
3.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
4.
You warrant that you satisfy all the registration requirements to hold a
registered name in the Registry TLD, including, but not limited to the
requirements identified in the Registry’s policies
(http://www.registrydotphysio.com/).
5.
You agree that if you make a sunrise application, participate in a sunrise
auction, make a Limited Registration Period application, or participate in a
Limited Registration Period auction, you will purchase the domain if it is
allocated to you. More information about
the Limited Registration Period can be found under the Launch section of the
Registry’s website http://www.registrydotphysio.com/).
6.
If you submitted a sunrise application, you agree to submit to any proceedings
initiated under the Sunrise Dispute Resolution Policy
(http://nic.physio/data/nic.physio/Sunrise%20Dispute%20Resolution%20Policy.pdf).
7.
You agree the landrush and sunrise application fees
are non-refundable.
8.
You agree that whois privacy may only be used by
private individuals using the domain name for non-commercial purposes.
9.
You agree to comply with all applicable laws, including those that relate to
privacy, data collection, consumer protection (including in relation to
misleading and deceptive conduct), fair lending, debt collection, organic
farming, disclosure of data, and financial disclosures.
10.
You agree that if you collect and maintain sensitive health and/or financial
data to implement reasonable and appropriate security measures commensurate
with the offering of those services, as defined by applicable law.
APPENDIX 'CU'
Should
you seek to register a .TUBE TLD ("Registry TLD") from Latin American
Telecom, LLC ("Registry"), you must agree to be bound by the
following additional terms. In the event that a term in this section conflicts
with the Registration Agreement, the terms of this section shall apply to any
and all .TUBE domain registrations.
1.
You agree that Registry 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;
(1)
to comply with specifications adopted by any industry
group generally recognized as authoritative with respect to the Internet (e.g.,
RFCs),
(2)
to correct mistakes made by Registry or any registrar
of record in connection with a domain name registration, or
(3)
for the non-payment of fees to Registry.
2.
You agree to comply with all applicable ICANN policies and Registry policies for
resolution of disputes concerning domain names.
3.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry.
4.
You agree to comply with Registry’s Acceptable Use policies, and Terms of
Service, as they may be instituted or updated from time to time and published
on the Registry website (http://www.nic.tube/).
5.
The Registrant acknowledges having read and understood and agrees 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:
(1)
The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/en/help/dndr/udrp/policy;
(2)
The Uniform Rapid Suspension Procedure and Rules, available at
http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en;
and
(3)
The Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/help/dndr/tdrp.
APPENDIX 'CV'
Should
you seek to register a .BR TLD ("Registry TLD") from The Brazilian
Network Information Center ("Registry"), you must agree to be bound
by the following additional terms. In the event that a term in this section
conflicts with the Registration Agreement, the terms of this section shall
apply to any and all .BR domain registrations.
1.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry.
2.
You acknowledge and agree that domain names in the Registry TLD are provided
"as is", "with all faults" and "as available."
The Registry, its affiliates and service providers, make no express warranties
or guarantees about such domain names.
3.
You agree to comply with the rules of the CGI.br Resolution 002/2005 and its
annex.
APPENDIX 'CW'
.BROKER, .FOREX and
.TRADING SPECIFIC CONDITIONS -
Should
you seek to register a .BROKER, .FOREX or .TRADING TLD from DotBroker
Registry Limited, DotForex Registry Limited or DotTrading Registry Limited, respectively (“Registry”), you
must agree to be bound by the following additional terms. In the event that a
term in this Section conflicts with the Registration Agreement, the terms of
this Section shall apply to any and all a .BROKER, .FOREX or .TRADING domain
registrations.
1.
You agree the Registry is entitled to verify the truth, accuracy and
completeness of any information you provide. You further agree to fully comply
and cooperate with the Registry with such verification and to furnish all
requested documentation.
2.
You represent you possess any necessary authorizations, charters, licenses,
and/or other related credentials for participation in the sector associated
with this TLD.
3.
You agree to provide, and report any changes to, contact information for the
relevant regulatory, or industry self-regulatory, bodies in your main place of
business. This information may be submitted to compliance@domain-inc.net.
4.
You agree to comply with the appropriate regulations and licensing requirements
required to conduct activities in the best interest of your customers.
5.
You agree in the event of a transfer, we and Registry have the right to
withhold registration of the transfer pending confirmation the transferee has
the authorizations, charters, licenses, and/or related credentials.
6.
You agree to comply with all applicable laws, including those that relate to
privacy, data collection, consumer protection (including in relation to
misleading and deceptive conduct), fair lending, debt collection, organic
farming, disclosure of data, and financial disclosures.
7.
You agree to comply with all Registry policies (available here
http://nic.broker/registry-policies-rra/ for .BROKER, here
http://nic.forex/registry-policies-rra/ for .FOREX and here
http://nic.trading/registry-policies/ for .TRADING), including the Acceptable
Use Policy (available here
http://nic.broker/wp-content/uploads/sites/4/2015/09/ANTI-ABUSE-Policy_Broker.pdf
for .BROKER, here http://nic.forex/wp-content/uploads/sites/6/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Forex.pdf
for .FOREX and here
http://nic.trading/wp-content/uploads/sites/3/2015/09/Acceptable-Use-and-Anti-Abuse-Policy_Trading-.pdf
for .TRADING).
8.
You agree not to enter into any settlement or compromise of any indemnifiable
claim without Registry’s prior consent, which consent shall not be unreasonably
withheld and that this indemnification obligation shall survive the termination
or expiration of the Registration Agreement for any reason.
9.
You acknowledge and agree that if you collect and maintain sensitive health and
financial data you must implement reasonable and appropriate security measures
commensurate with the offering of those services, as defined by applicable
laws, policies and/or regulations.
10.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
11.
You agree to comply with all operational standards, policies, procedures and
practices for the Registry TLD as established from time to time.
APPENDIX 'CX'
.EARTH, .MOE and
.OSAKA SPECIFIC CONDITIONS -
Should
you seek to register a .EARTH, .MOE or .OSAKA TLD
("Registry TLD") from Interlink Co., LTD ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .EARTH, .MOE and .OSAKA domain
registrations.
1.
You agree that Registry reserves the right to deny, cancel, delete or transfer
any registration or transaction, or place any domain name(s) on registry lock,
hold or similar status, as it deems necessary, in its unlimited and sole
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, or any dispute resolution process;
(3)
to avoid any liability, civil or criminal, on the part of the Registry, as well
as its affiliates, subsidiaries, officers, directors, and employees;
(4)
per the terms of the registration agreement;
(5)
to correct mistakes made by Registry Operator or any
Registrar in connection with a domain name registration. Registry also reserves
the right to place upon registry lock, hold or similar status a domain name
during resolution of a dispute.
2.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, limited
registration period, or land rush
period,
and the dispute resolution policies and rights protection mechanisms mandated
by ICANN or the Registry TLD, and further to acknowledge that Registry has no
liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the sunrise period, limited registration period, land
rush period or other period associated with the initial launch of the Registry
TLD, including, without limitation:
(1)
the ability or inability of a registrant to obtain a
Registered Name during these periods, and
(b)
the results of any dispute resolution process
regarding a registration.
3.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by the Registry,
including the registration policies (http://nic.moe/en/legal/).
4.
You agree to submit to the Uniform Domain Name Dispute Resolution Policy
(http://www.icann.org/en/help/dndr/udrp), Uniform Rapid Suspension
(http://newgtlds.icann.org/en/applicants/urs/procedure-01mar13-en.pdf), and the
Inter-Registrar Transfer Policy (http://www.icann.org/en/resources/registrars/transfers/policy),
each in their most recent form and each as may be amended from time to time.
5.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term, including personal data associated
therewith.
6.
You agree to comply with all ICANN standards, policies, procedures and
practices for which Registry has monitoring responsibility.
7.
You agree that the .EARTH TLD will have non-uniform pricing, such that a
registration, renewal, or transfer fee for a domain may differ from other
domain names.
APPENDIX 'CY'
.MX SPECIFIC
CONDITIONS -
Should
you seek to register a .MX TLD ("Registry
TLD") from Network Information Center Mexico, S.C. ("Registry"),
you must agree to be bound by the Registry’s policies, available at
https://www.registry.mx/jsf/static_content/domain/policies_first_new.jsf
APPENDIX 'CZ'
.网站 (xn--5tzm5g) (.WEB (Chinese))
SPECIFIC CONDITIONS –
Should
you seek to register a .网站 TLD ("Registry
TLD") from Global Website TLD Asia Limited ("Registry"), you
must agree to be bound by the following additional terms. In the event that a
term in this section conflicts with the Registration Agreement, the terms of
this section shall apply to any and all .网站 domain
registrations.
1.
You agree to comply with all ICANN standards, policies, procedures and
practices, as may be adopted or amended from time to time, for which the
Registry has monitoring responsibility.
2.
You agree to comply with the operational standards, policies, procedures, and
practices for the Registry TLD established from time to time by Registry in a
non-arbitrary manner and applicable to all registrars, including affiliates of
Registry, and consistent with ICANN's standards, policies, procedures, and
practices and the Registry Agreement. Additional or revised Registry
operational standards, policies, procedures, and practices for the Registry TLD
shall be effective upon thirty days’ notice by Registry to Registrar. If there
is a discrepancy between the terms required by the Registry-Registrar Agreement
and the terms of this Registration Agreement, the terms of the
Registry-Registrar Agreement shall supersede those of this Registration
Agreement.
3.
You agree to be bound by the public interest commitments (as set forth in
Specification 11 to the Registry Agreement, as amended from time to time),
community registration policies (if applicable, as set forth in Specification
12 to the Registry Agreement, as amended from time to time), and Government
Advisory Committee (“GAC”) safeguards (as set forth in Exhibit B to the
Registry-Registrar Agreement or otherwise published or provided to us by
Registry from time to time) (all available at
https://www.icann.org/resources/agreement/xn--5tzm5g-2014-12-22-en).
4.
You consent to the use, copying, distribution, publication, modification and
other processing of your’s or Registered Name
Holder's Personal Data by Registry and its designees and agents in a manner
consistent with the purposes specified pursuant to this Agreement, consistent
with the terms of the Registry-Registrar Agreement.
5.
You agree to immediately correct and update the Registration Information for
the domain name during the registration term.
6.
You agree to be bound by the terms and conditions of the initial launch of the
Registry TLD, including without limitation any sunrise period, or land rush
period, and the dispute resolution policies and rights protection mechanisms
mandated by ICANN or the Registry, and further to acknowledge the Registry has
no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the sunrise period, land rush period or
other period associated with the initial launch of the Registry TLD, including,
without limitation: (a) the ability or inability of a registrant to obtain a
registration during these periods, and (b) the results of any dispute
resolution process regarding a registration.
7.
You acknowledge and agree that Registry 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; (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, or any dispute resolution process; (3) to avoid any liability,
civil or criminal, on the part of Registry, as well as its affiliates,
subsidiaries, officers, directors, and employees; (4) per the terms of this Registration
Agreement; (5) for the non-payment of fees by Registrar, including without
limitation pursuant to the terms of any Credit Facility (as defined in Section
4.4) or (6) to correct mistakes made by Registry or any Registrar in connection
with a domain name registration. Registry also reserves the right to place upon
registry lock, hold or similar status a domain name during resolution of a
dispute.