Registrant agreement
with American Domain Registry Inc. (RegusDomain.COM)
Version 1.4 November 1, 2002
Index
Definitions
Introduction
Applicable
Laws
Term
of Service
Language
Fees
and Payment
Rights
Legal Usage
Licensed Use
Disclosure and use of information
Remedy
Information
Changes
to Agreement
Disputes
Breach
of Agreement
Liability
Indemnity
Disclaimer
of Warranty
Registry
Agreement with Registrant Paragraphs
- ICANN
- CIRA
- Neustar
- Neulevel
- GDI
- Afilias
Comments and questions to:
Definitions:
-
Domain - is a term used to describe a name given which is
used to
map easily remembered words into Internet addresseses (IP addresses)
used
in the Internet.
- ICANN - The
Internet Corporation for Assigned Names and Numbers (ICANN) is an
internationally organized, non-profit corporation that has
responsibility for Internet Protocol (IP) address space allocation,
protocol identifier assignment, generic (gTLD) and country code (ccTLD)
Top-Level Domain name system management, and root server system
management functions.
-
CIRA - Canadian Internet Registration Authority is the
organization
responsible for the registration of .ca domain names.
- NeuStar, Inc. is the
organization responsible for the registration of .us domain names
together with
- NeuLevel, Inc.
which is responsible for the registration of .biz domains
- Verisign is the registry
that manages .com and .net domains through an agreement with ICANN
- GDI - Global Domains
International is the registry for .ws domains
- PIR - Public Interest
Registry is the organization responsible for the registration of .org
domain names
- Afilias - Afilias is the
registry operator for the .INFO top-level domain (TLD).
-
RegusDomain.COM - American Domain Registry Inc. is an
incorporated company
supplying Domain Registration Services.
-
Registrar - refers to the American Domain Registry
-
Registrant - refers to the individual or organization for
whom the
domain is intended to be used.
-
Agent or Applicant - refers to any individual or
organization applying
to the registrar for the registration of a domain on behalf of another
individual or organization.
-
"you" or "your" - terms that apply to both the agent and
registrant.
-
"we", "our" or "us" - terms that apply to American Domain
Registry
Introduction:
The
following sections are the agreement for service between the applicant
for a domain name (the registrant) and America Domain Registry Inc.(the
registrar).
An agent acting as a third party must inform the applicant of their
obligations
under this agreement. The spirit of this agreement is that we are
acting
as registrar for the you, you are acting in good faith, the domain
shall
remain the property of the registrar until all fees are paid in full
and
you agree that you will cover all any any costs of any action taken as
a result of this registration. In addition to this agreement you must
follow all applicable rules and regulations for the registry of that
domain registrant agreement.
Your application for a domain using our services constitutes acceptance
of this agreement on your part.
Applicable
Laws:
The laws of Washington State shall be in effect for purposes of this
agreement and
any services provided by us to you.
Term
of
Service:
Unless otherwise specified the term of the agreement for service is for
as
long as you hold any domain name or any service (such as web hosting,
domain
or email forwarding, etc) with American Domain Registry, unless
terminated
by other party. The terms of this service apply to all domains names
registered with American Domain Registry, and any services.
Language:
In case of any disruptancy between the English and French versions of
this
document, the English shall preside over the French in all cases.
Fees and Payment:
All fees are payable immediately upon submission of an application or
other
request for service. Submission of a registration or other request for
service constitutes an agreement to pay all fees in full.
There will be a charge of $100 for all Non Sufficent Funds Cheques,
stop payment orders or credit card refusal to pay.
The ownership of the domain shall remain with the registrar until
such times as all fees are paid in full.
All fees paid to Registration authorities by us on your behalf are
not refundable to us
and therefore cannot be returned to you. The portion of your fees
payable
to us are also not refundable except in the exceptional situation where
we are unable to provide services to you.
Please note in the case of a .ca that failure to agree to CIRA's
agreement within seven (7)
days, may result in the forfeit of your domain, and the registration
fee
is not refundable in this case (this is not a failure to provide
services on
our part).
Rights:
As part of the registration process you state you have the legal right
to apply for domain either for your own use or the use of a third party
for whom you are acting as agent and agree that the application for or
granting of a domain does not confer any additional rights than you
currently
have for that domain.
You agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any American Domain
Registry, Registry
Operator, or pursuant to any registrar or registry procedure not
inconsistent with a DOC or government-adopted policy, to correct
mistakes by us or the applicable Registry in registering the name or
for the resolution of disputes concerning the domain name.
You further agree to hold us harmless from any action taken against
you, the applicable registration authority, any of our suppliers and/or
us as a result of your application.
American Domain Registry in our sole
discretion, reserves the right to refuse to register or reserve your
chosen domain name or register you for other Services. In the event we
do not register or reserve your domain name or register you for other
Services, or we delete your domain name or other Services within such
thirty (30) calendar day period, we agree to refund your applicable
fee(s). You agree that we shall not be liable to you for loss or
damages that may result from our refusal to register, reserve, or
delete your domain name or register you for other Services. We reserve
the right to delete or transfer your domain name following registration
if we believe the registration has been made possible by a mistake,
made either by us or by a third party. We also reserve the right to
suspend a domain name during resolution of a dispute.
Additionally you agree that this agreement does not confer any
protection
from objection to the registration or use of this domain.
Legal Usage:
The domain may not be used for any illegal means, including but not
limited to
impersonating another site or company ("phishing"), theft of credit
card
or login information, spam, violating applicable copyright or patent
laws,
or hate crimes. We also include any attempt to use the domain or
hosting services for the purpose
of attempting to gain unauthorised access ("hacking") to other
servers/services or data,
providing a denial of service ("DoS") attack, consuming inappropriate
amounts of traffic
or any other action which impacts the security, availability or
operation of our network
or that of another. Violation of any of these is cause for immediate
suspension
or termination of the domain and/or hosting services, and information
may be released
to applicable authorities.
Licensed Use:
Any Registrant that intends to license use of a domain name to a third
party is nonetheless the
Registrant of record and is responsible for providing its own full
contact information and for
providing and updating accurate technical and administrative contact
information adequate to
facilitate timely resolution of any problems that arise in connection
with the Domain. A Registrant
licensing use of a Registered Name according to this provision shall
accept liability for harm
caused by wrongful use of the Domain, unless it promptly discloses the
identity of the licensee
to a party providing the Registrant reasonable evidence of actionable
harm. The licensee, as well
as any relevant third-parties, must also accept the terms of this
agreement.
Certain country-code domain names (such as .CA and .US) forbid the use
of licensing or proxy services
as of means of attempting to circumvent Registrant country presence
requirements.
For these country-code domains, both the Registrant and the licensee
must both maintain a presence
acceptable by the relevant registries.
Legal Usage:
The domain may not be used for any illegal means, including but not
limited to
impersonating another site or company ("phishing"), theft of credit
card
or login information, spam, violating applicable copyright or patent
laws,
or hate crimes. We also include any attempt to use the domain or
hosting services for the purpose
of attempting to gain unauthorised access ("hacking") to other
servers/services or data,
providing a denial of service ("DoS") attack, consuming inappropriate
amounts of traffic
or any other action which impacts the security, availability or
operation of our network
or that of another. Violation of any of these is cause for immediate
suspension
or termination of the domain and/or hosting services, and information
may be released
to applicable authorities.
Licensed
Use:
Any Registrant that intends to license use of a domain name to a third
party is nonetheless the
Registrant of record and is responsible for providing its own full
contact information and for
providing and updating accurate technical and administrative contact
information adequate to
facilitate timely resolution of any problems that arise in connection
with the Domain. A Registrant
licensing use of a Registered Name according to this provision shall
accept liability for harm
caused by wrongful use of the Domain, unless it promptly discloses the
identity of the licensee
to a party providing the Registrant reasonable evidence of actionable
harm. The licensee, as well
as any relevant third-parties, must also accept the terms of this
agreement.
Certain country-code domain names (such as .CA and .US) forbid the use
of licensing or proxy services
as of means of attempting to circumvent Registrant country presence
requirements.
For these country-code domains, both the Registrant and the licensee
must both maintain a presence
acceptable by the relevant registries.
DISCLOSURE
AND USE OF REGISTRATION INFORMATION. You agree and
acknowledge that we will make domain name registration information you
provide available to the DOC, to the Registry Operator, and to other
third parties as applicable. You further agree and acknowledge that we
may make publicly available, or directly available to third party
vendors, some, or all, of the domain name registration information you
provide, for purposes of inspection (such as through our WHOIS service)
or other purposes as required or permitted by the DOC and applicable
laws. You hereby consent to any and all such disclosures and use of
information provided by you in connection with the registration of a
domain name (including any updates to such information), whether during
or after the term of your registration of the domain name. You hereby
irrevocably waive any and all claims and causes of action you may have
arising from such disclosure or use of your domain name registration
information by us. You may access your domain name registration
information in our possession to review, modify or update such
information, by accessing our domain manager service, or similar
service, made available by us through your RSP. We will not process
data about any identified or identifiable natural person that we obtain
from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement. We will take reasonable
precautions to protect the information we obtain from you from our
loss, misuse, unauthorized accessor disclosure, alteration or
destruction of that information.
Remedy:
Should we be unable to supply services to you, our sole obligation is
to
return any applicable fees to you.
Information:
You agree that you have the right or acquired the right to provide us
with
the information reguired on the application. You warrant that the
information
is accurate as required in the application process. You further agree
to
update the information as required.
We will protect the supplied information according to our privacy
policy.
We will not be responsible for loss of information as a result of acts
of unauthorized persons or by use of your systems or services.
Changes to
Agreement:
We reserve the right to modify this agreement from time to time to time
or changes the services provided at any time. Continued use of our
services
after such changes will constitute you acceptance of the new agreement.
Disputes:
By registering a domain you agree to be bound by the applicable
registrys Domain Name
Dispute Resolution Policy now in effect and as amended from time to
time.
That policy is considered part of this agreement. Continued use of your
domain and our services will constitute your acceptance of the modified
policy.
In addition you agree to be bound by the ICANN Uniform Dispute
Resolution Policy (“Dispute Policy”) as presently written and posted on
http://www.opensrs.org/legal/udrp.shtml and as shall be amended from
time to time. You acknowledge that if you do not agree to any
such modifications, you may request that your domain name be deleted
from the domain name database.
The agent affirms that they have notified the appropriate people of
their obligations
under this policy.
Breach:
If you should breach this agreement, we reserve the right to terminate
the agreement. Any outstanding fees remain payable. Our obligation to
you
will terminate upon notification to you by electronic mail, postal mail
or phone.
You agree that failure to abide by any provision of this Agreement
including but not limited to any failure to abide Registry
Requirements, any operating rule or policy or the Dispute Policy
provided by us, may be considered by us to be a material breach. If
you fail to provide evidence, which is reasonably satisfactory to us,
that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name. Any
such breach by you shall not be deemed to be excused simply because we
did not act earlier in response to that, or any other breach by you.
REVOCATION. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond to inquiries by us addressed
to the email address of the registrant, the administrative, billing or
technical contact appearing in the "Whois" directory with respect to a
domain name concerning the accuracy of contact details associated with
the registration shall constitute a material breach of this Agreement
and be a basis for cancellation of the domain name registration. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this
Agreement.
Liability:
We shall not be responsible for any damages whatsoever, either direct
or
indirect, special or consequntial damages resulting from the use of our
services or our failure to provide services through access delays, or
interruptions,
non delivery or misdirected delivery of data, acts of God, acts of
unauthorized
person, misuse of your account or password or the use or misuse of your
domain or systems.
Indemnity:
When action is taken against us by a third party related to a domain
submitted
by you, you agree to provide written assurance to us that you will pay
all costs including reasonable attorney fees and other costs required
to
defend ourselves.
You agree to release, indemnify, defend and hold harmless American
Domain Registry and any of our (or their) contractors, agents,
employees,
officers, directors, shareholders, affiliates and assigns from all
liabilities,
claims, damages, costs and expenses, including reasonable attorneys'
fees
and expenses, relating to or arising out of (a) this Agreement or the
breach
of your warranties, representations and obligations under this Agreement
Disclaimer
of Warranty:
We do not warranty under any circumstances expressed or implied,
that our services will meet your requirements, that our service will be
uninterrupted, secure, timely or free from errors. Retrieval of
information
to your systems as part of our services is done solely at your risk.
Nothing
we say or do will constitute a warranty of any type.
Registry
Agreement with Registrant Paragraphs
1) The ICANN Uniform
Dispute Resolution Policy (“Dispute Policy”) as presently
written and posted on http://www.icann.org/udrp/udrp.htm
and as shall be amended from time to time.
You agree that transfer of your domain name(s) shall be governed by
ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that we may
place your domain name(s) on Registrar Lock to prevent them from being
transferred without your authorization, though we are not required to
do so.
2) CIRA Paragraphs:
The following paragraphs are required by CIRA to be part of any
agreement
between a registrant and a registrar. Nothing in the paragraphs
preceding
shall override the CIRA supplied paragraphs.
Canadian Internet Registration Authority
REGISTRANT INFORMATION
-
4.1 Consent to Use of Registrant Information. The Registrant hereby
grants
to CIRA the right to disclose to third parties through the Registry the
following information:
-
(a) each Domain Name Registration in the name of the Registrant;
-
(b) the Registrant's name, postal address and email address;
-
(c) the Registrant's "Pretty Good Privacy" ("PGP") public encryption
key,
if the Registrant elects to use PGP encrypted email when communicating
with CIRA;
-
(d) the name(s), postal address(es), email address(es), telephone
number(s)
and where available, the fax number(s) of the technical and
administrative
contacts for each Domain Name Registration of the Registrant;
-
(e) the Internet Protocol Number of the primary name server and
secondary
name server(s) for each Domain Name Registration;
-
(f) the corresponding names of those name servers;
-
(g) the registration date of each Domain Name Registration;
-
(h) whether the Domain Name Registration has been suspended or is in
the
process
-
of being transferred;
-
(i) the expiration date of each Domain Name Registration of the
Registrant;
and
-
(j) the name of the Registrant's Registrar responsible for each Domain
Name Registration of the Registrant.
-
4.2 Personal Information of Registrant. Except as set forth in this
Agreement,
personal information pertaining to the Registrant belongs to the
Registrant
and shall not be collected or used by CIRA except for the reasonable
purposes
of the operation of the Registry and the Rules and Procedures or in
accordance
with Applicable Laws.
REGISTRAR'S AGREEMENTS WITH REGISTRANTS
-
4.1 Registrant Agreement. The Registrar shall enter into a written
agreement
or an electronic agreement which is equivalent at law to a written
agreement
with each of its Registrants of record. No such agreement shall contain
any terms that are inconsistent with, or that in any way, modify,
override,
limit, contradict or cancel the terms and conditions of the Registrant
Agreement, nor shall any agreement between the Registrar and the
Registrant
contain any terms and conditions that prevent a Registrant from
changing
Registrars at any time. To the extent that any provision of an
agreement
between the Registrar and a Registrant contravenes the provisions of
this
Section 4.1, the Registrar hereby agrees that the requirements of this
Section 4.1 shall prevail and be binding on the Registrar for the
benefit
of the Registrant. Where the Registrar is also a Registrant, and uses
the
services of the Registrar to register a Domain Name, the Registrar
shall
not be required to enter into such agreement with itself, b4.1
Registrant
Agreement. The Registrar shall enter into a written agreement or an
electronic
agreement which is equivalent at law to a written agreement with each
of
its Registrants of record.
-
4.2 Provisions in Registrant Agreement. The following provisions shall
be included in any agreement between the Registrar and any such
Registrant:
-
(a) CIRA may, at its option, extend any period for the registration of
a Domain Name at no charge to the Registrar or the Registrant for such
further period of time as CIRA may determine, in its sole discretion;
-
(b) The Registrant agrees that CIRA shall not be liable to the
Registrant
for any loss, damage or expense arising out of CIRA's failure or
refusal
to register a Domain Name, CIRA's failure or refusal to renew a Domain
Name Registration, CIRA's registration of a Domain Name, CIRA's failure
or refusal to renew a Domain Name Registration, CIRA's renewal of a
Domain
Name Registration, CIRA's failure or refusal to transfer a Domain Name
Registration, CIRA's transfer of a Domain Name Registration, CIRA's
failure
or refusal to maintain or modify a Domain Name Registration, CIRA's
maintenance
of a Domain Name Registration, CIRA's modification of a Domain Name
Registration,
CIRA's failure to cancel a Domain Name Registration or CIRA's
cancellation
of a Domain Name Registration from the Registry;
-
(c) In no event shall the Registrant pursue any Claim against CIRA, and
in no event shall CIRA be liable for any direct, indirect, special,
punitive,
exemplary or consequential damages including but not limited to damages
resulting from loss of use, lost profits, lost business revenue or
third
party damages or arising from any breach by the Registrar of its
obligations
under any agreement between the Registrar and a Registrant or the
Registrar
Agreement between CIRA and the Registrar;
-
(d) Registration of the Registrant's selected Domain Name in its first
application to CIRA shall not be effective until the Registrant has
entered
into and agreed to be bound by CIRA's Registrant Agreement;
-
(e) The Registrar shall immediately give notice to the Registrant in
the
event that the Registrar is no longer a CIRA certified registrar, has
had
its certification as a CIRA certified Registrar suspended or terminated
or the Registrar Agreement between CIRA and the Registrar is terminated
or expires. CIRA may post notice of such suspension, termination or
expiry
on its website and may, if CIRA deems appropriate, give notice to the
Registrant
thereof;
-
(f) In the event that the Registrar is no longer a CIRA certified
registrar,
has had its certification as a CIRA certified registrar suspended or
terminated
or in the event the Registrar Agreement between CIRA and the Registrar
is terminated or expires, each Registrant shall be responsible for
changing
its registrar of record to a new CIRA certified registrar within 30
days
of the earlier of notice thereof being given to the Registrant by
-
(i) the Registrar or
-
(ii) CIRA in accordance with CIRA's then current Registration Rules;
provided,
however, that if any of the Registrant's Domain Name Registration(s) is
scheduled to expire within 30 days of the giving of such notice, then
the
Registrant shall have 30 days from the anniversary date of the
registration(s),
to register with a new CIRA certified registrar and to renew such
Domain
Name Registration(s) in accordance with the Registration Rules;
-
(g) The Registrant acknowledges and agrees that, should there be
insufficient
funds prepaid by the Registrar in the CIRA Deposit Account to be
applied
in payment of any Fees, CIRA may in its sole discretion stop accepting
applications for Domain Name Registrations from the Registrar, stop
effecting
registrations of Domain Names and transfers, renewals, modifications
and
cancellations of Domain Name Registrations requested by the Registrar
and
stop performing other billable transactions requested by the Registrar
not paid in full and CIRA may terminate the Registrar Agreement between
CIRA and the Registrar;
-
(h) The Registrant shall not, directly or indirectly, through
registration
or use of its Domain Name or otherwise:
-
(i) violate or contribute to the violation of the intellectual property
rights or other rights of any other Person;
-
(ii) defame or contribute to the defamation of any other Person; or
-
(iii) unlawfully discriminate or contribute to the unlawful
discrimination
of any other Person;
-
(i) The Registrant agrees that CIRA shall not be responsible for the
use
of any Domain Name in the Registry and that CIRA shall not be
responsible
in any way whatsoever for any conflict or dispute with or any actual or
threatened Claim against a Registrar or a Registrant, including one
relating
to a registered or unregistered trade-mark, a corporate, business or
other
trade-name, rights relating to a name or other identifying indicium of
an individual or any other intellectual property rights of a third
party
or relating to the defamation of or unlawful discrimination with
respect
to any other Person;
-
(j) CIRA shall have the right, at any time and from time to time,
acting
reasonably, to amend the Registrar Agreement between CIRA and the
Registrar,
including without limitation, the Certification and Re-certification
Requirements,
the Registration Rules, the Fees and the other Rules and Procedures and
to adopt new Rules and Procedures not yet in effect. Any such amendment
will be binding and effective on the Registrar 30 days after CIRA gives
notice of such amendment by email to the Registrar. The Registrar and
the
Registrant agree to promptly amend the agreement between the Registrar
and the Registrant to reflect any amendments to Section 4.2 of the
Registrar
Agreement between CIRA and the Registrar; and
-
(k) The Registrant acknowledges and agrees that registration of a
Domain
Name does not create any proprietary right for any Registrant, the
Registrar
or any other Person in the name used as a Domain Name or the Domain
Name
Registration and that the entry of a Domain Name in the Registry or in
the "WHOIS" look up system of the Registry shall not be construed as
evidence
or ownership of the Domain Name registered as a Domain Name. The
Registrant
shall not in any way transfer or purport to transfer a proprietary
right
in any Domain Name Registration, or grant or purport to grant as
security
or in any other manner encumber or purport to encumber a Domain Name
Registration.
3) Neustar
Should you seek to register a .US second level domain name you, the
registrant, must also agree to the following terms:
Only those individuals or organizations that have a substantive lawful
connection in the United States are permitted to register for .usTLD
domain names.
Registrants in the .usTLD must satisfy the nexus requirement ("Nexus"
or "Nexus Requirements") set out at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf
3. SELECTION OF A DOMAIN NAME. You certify and represent that:
1. You have and shall continue to have, a bona fide
presence in the United States on the basis of real and substantial
lawful contacts with, or lawful activities in, the United States as
defined in Section 2 hereinabove.
2. The listed name servers are located within the United
States;
3. The data provided in the domain name registration
application is true, correct, up to date and complete, and that you
will continue to keep all of the information provided correct,
up-to-date and complete;
4. To the best of the your knowledge and belief, neither
this registration of a domain name nor the manner in which it is
directly or indirectly to be used infringes upon the legal rights of a
third party;
5. That the domain name is not being registered for nor
shall it at any time whatsoever be used for any unlawful purpose
whatsoever;
6. You have the authority to enter into this Registration
Agreement.
7. The Nexus Dispute Policy ("Dispute Policy), available
at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The Dispute Policy will provide interested parties with an opportunity
to challenge a registration not complying with the Nexus Requirements.
8. The usTLD Dispute Resolution Policy ("usDRP"). The
usDRP is intended to provide interested parties with an opportunity to
challenge a registration based on alleged trademark infringement. In
addition to the foregoing, you agree that, for the adjudication of
disputes concerning or arising from use of the Registered Name, you
shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts.
9. POLICY. The Registry Operator's policies can be found at http://www.neustar.us/policies.
10. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such
information changes such that our records are current, complete and
accurate. You are obliged to provide us the following information:
- REPRESENTATIONS AND WARRANTIES.
You represent and certify that, to the best of your knowledge and
belief,
- 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,
- you have the requisite power and authority to enter into this
Agreement and to perform the obligations hereunder,
- you have and shall continue to have a lawful bona fide U.S.
Nexus as defined in the "usTLD Nexus Requirements" ,
- you are of legal age to enter into this Agreement, and
- you agree to comply with all applicable laws, regulations and
policies of the usTLD Administrator.
- 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 Registered Name;
- the names of the primary nameserver and secondary
nameserver(s) for the Registered Name;
- your name and postal address;
- the
name, postal address, e-mail address, voice telephone number, and
(where available) fax number of the technical contact for the
Registered Name;
- the name, postal address, e-mail
address, voice telephone number, and (where available) fax number of
the administrative contact for the Registered Name;
- the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the Registered Name;
- any remark concerning the registered domain name that should
appear in the Whois directory; and
- 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.).
You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory pursuant to
the DoC/Registry Policy. Any information collected by us concerning an
identified or identifiable natural person ("Personal Data") will be
used in connection with the registration of your domain name(s) and for
the purposes of this Agreement and as required or permitted by the
Department of Commerce Contract with the Registry or any USTLD
Administrator/DoC Policy.
- 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.
- LICENSING OF A DOMAIN NAME.
If you intend to license use of a domain name to a third party, you
nonetheless are the registrant of record and are responsible for
providing full contact information and for providing and updating
accurate technical and administrative contact information adequate to
facilitate timely resolution of any problems that arise in connection
with the domain name. You shall accept liability for harm caused by
wrongful use of the domain name, unless you promptly disclose the
identity of the licensee to a party providing you reasonable evidence
of actionable harm.
- DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a .us domain name through us, you agree
to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the policies of the
usTLD Administrator as documented on its web site, www.neustar.us, as
they may be amended from time to time, and which are hereby
incorporated and made an integral part of this Agreement.
4) Neulevel
Acknowledgment of Dispute Policies and Rules. 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:
(i) The Uniform Domain Name Dispute Policy,
available at http://www.icann.org/udrp/udrp.htm;
(ii) The Start-up Trademark Opposition Policy ("STOP"),
available at http://www.neulevel.com/countdown/stop.html;
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
5) GDI
Your registration of a domain name in the .WS
top-level domain ("New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you to
review at each New TLD's respective web site. You agree to be bound by
and comply with the applicable New TLD Registry Policies, including
amendments and modifications thereto, with respect to your New TLD
Domain Name registration. Such policies shall not alter the terms and
conditions of this Agreement. To the extent there is a conflict between
the New TLD Registry policies and the terms of this Agreement, the
terms of this Service Agreement shall prevail. You agree that the New
TLD Registry has the right to enforce the New TLD Registry Policies.
7) PIR
6) Afillias
Should you seek to register a .INFO second level domain name you, the
registrant, must also agree to the following terms:
- Registrant
consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Name Holder's Personal Data
by Afilias, the .INFO Registry Operator, and its designees and agents
in a manner consistent with the purposes specified pursuant in its
contract.
- Registrant agrees to submit to
proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and
comply with the requirements set forth by Afilias for domain names
registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to modification.
- Registrant
agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered
Name, failure to correct this information shall constitute a breach of
this Agreement.
- 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:
- the ability or inability of a registrant to obtain a
Registered Name during these periods, and
- the results of any dispute over a Sunrise Registration.
- Registrar
and Afilias, the registry operator for .INFO, expressly reserve the
right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of
the registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of Registrar and/or Afilias as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar
and Afilias also reserve the right to freeze a domain name during
resolution of a dispute.
Comments and questions to: