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Terms and Conditions
Disclaimer
Domain Name Dispute Policy
This Registration Agreement ("Agreement") sets
forth the terms and conditions of your use of this domain name registration
service to register an Internet domain name, your registration of that domain
name, as well as other domain name related services. In this Agreement "you" and
"your" refer to each customer and "we", "us" and "our" refer to eNom, Inc.
("Registrar"), the ICANN accredited Registrar and KOOING LIMITED, through
which the services are being offered. This Agreement explains our obligations to
you, and explains your obligations to us for various services. By selecting our
service(s) you have agreed to establish an account with us for such services.
When you use your account or permit someone else to use it to purchase or
otherwise acquire access to additional service(s) or to cancel your service(s)
(even if we were not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided under this Agreement, you
acknowledge that you have read and agree to be bound by all terms and conditions
of this Agreement, the accompanying dispute policy and any pertinent rules or
policies that are or may be published by the ICANN accredited Registrar and the
Reseller of domain names and through which the services are being offered.
This Agreement will become effective when
accepted by the ICANN accredited Registrar and the reseller of domain names and
through which the services are being offered. The ICANN accredited Registrar and
the reseller of domain names and through which the services are being offered
may elect to accept or reject your domain name registration application for any
reason at its sole discretion, such rejection including, but not limited to,
rejection due to a request for registration of a prohibited domain name.
1. Our Services:
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You agree and acknowledge that the ICANN
accredited Registrar and the reseller of domain names and through which the
services are being offered is not liable or responsible in any way for any
errors, omissions or any other actions by the registry administrator arising out
of or related to your application and receipt of, or failure to receive, a
domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator (Verisign GRS), the ICANN accredited Registrar and the reseller of
domain names and through which the services are being offered, and its
directors, officers, employees, and agents from and against any and all claims,
damages, liabilities, costs, and expenses (including any direct, indirect,
incidental, special or consequential damages and reasonable legal fees and
expenses) arising out of, or related to, your domain name registration.
2. What We Do Not Do:
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We cannot and do not check to see whether the
domain name you select, or the use you make of the domain name, infringes legal
rights of others. We urge you to investigate to see whether the domain name you
select or its use infringes legal rights of others, and in particular we suggest
you seek advice of competent counsel. You may wish to consider seeking one or
more trademark registrations in connection with your domain name. You should be
aware that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should also be aware that if we are
sued or threatened with lawsuit in connection with your domain name, we may turn
to you to hold us harmless and to indemnify us.
3. Fees:
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As consideration for the domain name registration
services and/or other services provided by the Reseller to you, you agree to pay
KOOING LIMITED., prior to the effectiveness of the desired domain name
registration, the applicable service(s) fees for the initial registration of the
domain name and, should you choose to renew the registration, subsequent
renewals of the registration. All fees are non-refundable, in whole or in part,
even if your domain name registration is suspended, cancelled or transferred
prior to the end of your then current registration term. Your requested domain
name will not be registered unless we receive actual payment of the registration
fee, or reasonable assurance of payment of the registration fee from some other
entity (such reasonable assurance as determined at our sole discretion). As
further consideration for the service(s), you agree to: (1) provide certain
current, complete and accurate information about you as required by the
registration process and (2) maintain and update this information as needed to
keep it current, complete and accurate. All such information shall be referred
to as account information ("Account Information"). In the event of a charge back
by a credit card company (or similar action by another payment provider allowed
by us) in connection with the payments of the registration fee for your domain
name registration, you agree and acknowledge that the domain name registration
shall be transferred to us as the paying entity for that registration to the
registry. We will reinstate your domain name registration solely at our
discretion, and subject to our receipt of the initial registration or renewal
fee and our then-current reinstatement fee, currently set at US$200. You will be
notified via an email message or via your account information when renewal fees
are due. Should these fees go unpaid within the time specified in a second
notice or reminder regarding renewal or anytime after name actually expires,
your registration can be cancelled. Payment must be made by credit card or such
other method as we may indicate in the registration application or renewal form.
We will renew your name for you provided your credit card or other billing
information is available and up to date, unless you instruct us otherwise within
the time specified. If your billing information is not accurate and you wish to
renew your domain name registration, we will contact you to update this
information and charge you accordingly. You also certify that you have read the
Merchant Services Agreement and agree to be bound by any and all applicable
terms and conditions contained within that agreement.
4. Disclaimer and Domain Name Dispute Policy:
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If you request, reserved or registered a domain
name through us, or transferred a domain name to us from another registrar, you
agree to be bound by our current Disclaimer published on our site ("Disclaimer")
and our current Domain Name Dispute Policy ("Domain Name Dispute Policy") which are
incorporated herein and made a part of this Agreement by reference. The
Disclaimer can be found at DISCLAIMER and the Dispute Policy can be found at
DISPUTE POLICY. Certain disputes, as specified in the Dispute Policy, are
subject to that Policy. You agree that, if the registration or reservation of
your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy in effect at the time your domain
name registration is disputed by the third party. You also agree that, in the
event a domain name dispute arises with any third party, you will indemnify and
hold us harmless pursuant to the terms and conditions contained in the Dispute
Policy.
5. Transfer to another Registrar:
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You agree that you may not transfer your domain
name registration to another domain name registrar during the first sixty (60)
days from the effective date of your initial domain name registration with KOOING LIMITED. Your request to transfer to another registrar may be denied
in situations described in the Dispute Policy, including, but not limited to: a
dispute over the identity of the domain name holder; bankruptcy; and default in
the payment of any fees. You have the ability to prevent a transfer to another
Registrar by placing a Registrar Lock ("lock") on your domain. By having a lock
status on your domain, you are providing express objection to any and all
transfer requests issued from another Registrar. Should you choose to transfer
to another Registrar, you must email to us [email protected] to remove the lock prior
to our receipt of the transfer request from the gaining Registrar.
6. Modifications to our Registration Agreement and Dispute
Policy:
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You agree, during the period of this Agreement,
that we may: (1) revise the terms and conditions of this Agreement; and (2)
change the services provided under this Agreement. Any such revision or change
will be binding and effective immediately on posting of the revised Agreement or
change to the service(s) on KOOING LIMITED. You agree to review KOOING LIMITED.
web site, including the Agreement, periodically to be aware of any such
revisions. If you do not agree with any revision to the Agreement, you may
terminate this Agreement at any time by providing us with notice by e-mail at
[email protected]. Notice of your termination will be effective on receipt
and processing by us. You agree that, by continuing to use the our services
following notice of any revision to this Agreement or change in service(s), you
abide by any such revisions or changes. You further agree that we, in our sole
discretion, may modify our Dispute Policy at any time. Your continued use of the
domain name registered to you shall constitute your acceptance of this Agreement
and the Dispute Policy with the new modifications. You acknowledge that if you
do not agree to any of such changes, you may request that your domain name
registration be cancelled or transferred to a different domain name registrar.
You agree that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this Agreement or the
Dispute Policy.
7. Account Information and Its Use:
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a. Information You Are Required to Submit.
As part of the registration process, you are required to provide certain
information and to update this information promptly as needed to keep it
current, complete and accurate. The information you are obligated to provide in
connection with the domain name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail address,
voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the billing contact for the domain name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration, the
type of information you are required to provide may have changed. If you do not
wish to provide the new required information, your registration may not be
renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent you from
obtaining all products and services made available to domain name registrants by
us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In addition
to the information you provide, we maintain records relating to your domain name
registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and by us
to the proper registry;
iii. Communications (electronic or paper form) constituting registration orders,
modifications, or terminations and related correspondence between you and us;
iv. Records of account for your domain name registration, including dates and
amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers for
the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and where
available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number, and
where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain name
registration and related services.
c. Your Obligations Relating to the Account Information. In the event
that, in registering the domain name, you are providing information about or on
behalf of a third party, you hereby represent that you have (a) provided notice
to that third party of the disclosure and use of that party's information as set
forth in this Agreement, and (b) that you have obtained that third party's
express consent to the disclosure and use of that party's information as set
forth in this Agreement. By registering a name or applying for services you also
represent that the statements in its application are true and you also represent
that the Domain Name is not being registered for any unlawful purpose.
You acknowledge that willfully providing
inaccurate information or willfully failing to update information promptly will
constitute a material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration. You further agree that your
failure to respond for over ten (10 ) calendar days to inquiries by KOOING LIMITED
concerning the accuracy of contact details associated with your registration
shall constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information. You
agree and acknowledge that KOOING LIMITED. will make available domain name
registration information you provide or that we otherwise maintain to ICANN, to
the registry administrator(s), and to other third parties as ICANN and
applicable laws may require or permit. You further agree and acknowledge that KOOING LIMITED
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 for
targeted marketing and other purposes as required or permitted by ICANN and
applicable laws.
Additionally, you acknowledge that ICANN may
establish guidelines, limits and/or requirements that relate to the amount and
type of information that KOOING LIMITED. may or must make available to the
public or to private entities, and the manner in which such information is made
available.
You hereby consent to any and all such
disclosures and use of, and guidelines, limits and restrictions on disclosure or
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 and other information by KOOING LIMITED.
You may access your domain name registration
information in our possession to review, modify or update such information, by
accessing your account at our web site, or via a similar service. In order to
change any of your account information with us, you must use your Account
Identifier and Password that you selected when you opened your account with us.
Please safeguard your Account Identifier and Password from any unauthorized use.
You agree that any person in possession of you Account Identifier and Password
will have the ability and your authorization to modify your account information.
In no event will we be liable for the unauthorized use or misuse of your Account
Identifier or Password. KOOING LIMITED. will take reasonable precautions
to protect the information it obtains from you from our loss, misuse,
unauthorized access or disclosure, alteration or destruction of that
information.
8. Ownership of Information and Data:
You agree and acknowledge that we own all database, compilation, collective and
similar rights, title and interests worldwide in our domain name database, and
all information and derivative works generated from the domain name database.
You further agree and acknowledge that we own the following information for
those registrations for which we are the registrar: (a) the original creation
date of the registration, (b) the expiration date of the registration, (c) the
name, postal address, e-mail address, voice telephone number, and where
available fax number of all contacts for the domain name registration, (d) any
remarks concerning the registered domain name that appear or should appear in
the WHOIS or similar database, and (e) any other information we generate or
obtain in connection with the provision of domain name registration services,
other than the domain name being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the domain name, and the
corresponding names of those nameservers. We do not have any ownership interest
in your specific personal registration information outside of its rights in our
domain name database.
9. Agents and Licenses:
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You agree that, if you are registering a domain
name for or on behalf of someone else, you represent that you have the authority
to nonetheless bind that person as a principal to all terms and conditions
provided herein, including the Dispute Policy.
You agree that if you license the use of the
domain name registered to you to a third party, you nonetheless remain the
domain name holder of record, and remain responsible for all obligations under
this Agreement, including but not limited to payment obligations, and providing
(and updating, as necessary) both your own full contact information, and
accurate technical, administrative, billing and zone contact information
adequate to facilitate timely resolution of any problems that arise in
connection with the domain name and domain name registration.
10. Announcements:
We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those of
our service partners. These announcements will be predominately informative in
nature and may include notices describing changes, upgrades, new products or
other information to add security or to enhance your identity on the Internet.
11. Limitation of Liability:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF THE
DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME REGISTRATION,
(3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR
SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE DOMAIN NAME REGISTERED IN
YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF GOD (6) DATA
NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (7)
EVENTS BEYOND OUR CONTROL; (8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR
LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD; OR (10) APPLICATION OF THE DISPUTE POLICY. WE ALSO WILL
NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR MAXIMUM
AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE
DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR
CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO
THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators, Registrar, KOOING LIMITED,
their contractors, agents, employees, officers, directors
and affiliates harmless from all liabilities, claims and expenses, including
attorney's fees, of third parties relating to or arising under this Agreement,
the services provided hereunder or your use of the services, including without
limitation infringement by you, or someone else using any service with your
computer, of any intellectual property or other proprietary right of any person
or entity, or from the violation of any operating rule or policy relating to the
service(s) provided. When we are threatened with suit by a third party, we may
seek written assurances from you concerning your promise to indemnify us; your
failure to provide those assurances may be considered by us to be a breach of
your Agreement and may result in deactivation of your domain name. This
indemnification is in addition to any indemnification required under the Dispute
Policy.
13. Representations and Warranties:
YOU REPRESENT 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 A THIRD
PARTY. YOU FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN
CONNECTION WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME
REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING THE REGISTRAR'S ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME
REGISTRAR IN THE INTRODUCTORY PARAGRAPH OF THIS AGREEMENT, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN
CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES,
INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, WE MAKE NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME
UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN
NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN
NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL FORWARDING OR
OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT
RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY
REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE OR
INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US OR THROUGH THE
E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN WARRANTIES, SO SOME OF THE
ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Breach and Revocation:
We reserve the right to suspend, cancel, transfer
or modify your domain name registration or suspend, cancel or modify other
services we provide in the event (a) you materially breach this Agreement
(including the Dispute Policy) and do not cure such breach within thirty (30)
days of notice by us, (b) you use the domain name registered to you to send
unsolicited commercial advertisements in contradiction to either applicable laws
or customary acceptable usage policies of the Internet, (c) you use your domain
name in connection with unlawful activity, or (d) grounds arise for such
suspension, cancellation, transfer or other modification as provided for in this
Agreement. You further acknowledge and agree that your registration of a domain
name is subject to suspension, cancellation or transfer by any ICANN procedure,
by any registrar or registry administrator procedures approved by an ICANN-adopted
policy, (1) to correct mistakes by us, another registrar or the registry
administrator in administering the name or (2) for the resolution of disputes
concerning the domain name.
You also agree that we shall have the right in
its sole discretion to suspend, cancel, transfer or otherwise modify a domain
name registration upon seven (7) calendar days prior written notice, or at such
time as we receive a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for other
service(s), or to delete your domain name within thirty (30) calendar days from
receipt of your payment for such services. In the event we do not register or
reserve your domain name or register you for other service(s), or we delete your
domain name or other service(s) 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 or reserve,
or delete your domain name or register you for other service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute
Policy with respect to disputes, this Agreement, your rights and obligations and
all actions contemplated by this Agreement shall be governed by the laws of the
United States of America and the State of Washington, as if the Agreement was a
contract wholly entered into and wholly performed within the State of
Washington. Except as otherwise set forth in the Dispute Policy with respect to
disputes, any action to enforce this Agreement or any matter relating to your
use of Registrar or Reseller site shall be brought exclusively in the United
States District Court for the Western District of Washington, or if there is no
jurisdiction in such court, then in a state court in King County.
17. Notices:
You agree that any notices required to be given
under this Agreement by us to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
18. Infancy:
You attest that you are of legal age to enter
into this Agreement.
19. General:
This Agreement, Disclaimer and the Dispute
Policy, together with all modifications, constitute the complete and exclusive
agreement between you the KOOING LIMITED., and the Registrar, and
supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Policy shall be construed as creating any agency,
partnership, or other form of joint enterprise between the parties. Our failure
to require your performance of any provision hereof shall not affect the full
right to require such performance at any time thereafter; nor shall the waiver
by the Registrar of a breach of any provision hereof be taken or held to be a
waiver of the provision itself. In the event that any provision of this Policy
shall be unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not render
this Policy unenforceable or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to the
extent possible, our original objectives and intent of as reflected in the
original provision. This Agreement, our Disclaimer and the Dispute Policy may
not be amended or modified by you except by means of a written document signed
by both you and an authorized representative of Registrar.
20. Additional Registry
Requirements.
Listed below are additional contractual
requirements that you, the registrant, must also agree to should you desire to
register a domain name in these registries.
- .CC and .WS - In addition to the terms
set forth above, the following terms shall apply to registrants of .CC
and .WS domain names. Your registration of a domain name in the .CC, or
.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 website. 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.
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- .INFO - Should you seek to register a
.INFO second level domain name you, the registrant, must also agree to the
following terms:
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- 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.
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- 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.
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- 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.
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- Registrant acknowledges that Afilias, the
registry operator for .INFO, will have no liability of any kind for any loss
or liability resulting from the proceedings and processes relating to the
Sunrise Period or the Land Rush Period, including, without limitation: (a)
the ability or inability of a registrant to obtain a Registered Name during
these periods, and (b) the results of any dispute over a Sunrise
Registration.
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- Registrar, KOOING LIMITED. 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, KOOING LIMITED
and/or Afilias as well as their affiliates, subsidiaries, officers,
directors and employees. Registrar, KOOING LIMITED. and Afilias also
reserve the right to freeze a domain name during resolution of a dispute.
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- .BIZ - Should you seek to register a
.BIZ second level domain name you, the registrant, must also agree to the
following terms:
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- BIZ RESTRICTIONS. Registrations in the .biz
TLD must be used or intended to be used primarily for bona fide business or
commercial purposes. For purposes of the .biz Registration Restrictions
("Restrictions"), "bona fide business or commercial use" shall mean the bona
fide use or bona fide intent to use the domain name or any content,
software, materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any kind;
or,
b) the ordinary course of trade or business.Registering a domain name solely
for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. 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.
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- BIZ CERTIFICATION. 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
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation, or
b. 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
1. The domain name registrant has the authority to enter into the
registration agreement; and
2. the registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
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- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration process, you
are required to Provide us with certain information and to update this
information to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail address, voice telephone
number, and fax number if available; (ii) the name of an authorized person
for contact purposes in the case of a registrant that is an organization,
association, or corporation; (iii) the IP addresses of the primary
nameserver and any secondary nameserver(s) for the domain name; (iv) the
corresponding names of those nameservers; (v) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
technical contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the
billing contact for the domain name; and (viii) any remark concerning the
registered domain name that should appear in the Whois directory. You agree
and understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by ICANN/Registry
Policy and may be sold in bulk in accordance with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant that the
data provided in the domain name registration application is true, correct,
up to date and complete and that you will continue to keep all the
information provided up to date. Your willful provision of inaccurate or
unreliable information, your willful failure promptly to update information
provided to us, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative, billing or
technical contact then appearing in the Whois directory with respect to an
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account, shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
�@
- DOMAIN NAME DISPUTE POLICY. If you reserved
or registered a .biz domain name through us, you agree to be bound by our
current domain name dispute policy that is incorporated herein and made a
part of this Agreement by reference. Please take the time to familiarize
yourself with that policy. In addition, you hereby acknowledge that you have
read and understood and agree to be bound by the terms and conditions of the
following documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html;
and
(iii) 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 ("Registrant") with any third
party (other than Registry Operator or Registrar) over the registration or
use of a .biz domain name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual Property Claim Service
a service introduced by Registry Operator to notify a trademark or service
mark holder ("Claimant") that a second-level domain name has been registered
in which that Claimant claims intellectual property rights. In accordance
with the STOP and its associated Rules, those Claimants will have the right
to challenge registrations through independent ICANN-accredited dispute
resolution providers. The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
The 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.
�@
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS.
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name after modifications to
the dispute policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
�@
- DOMAIN NAME DISPUTES. You agree that, if
your use of our domain name registration services is challenged by a third
party, you will be subject to the provisions specified in our dispute policy
in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us
harmless pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding your use of our domain name
registration services, you agree not to make any changes to your domain name
record without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the judicial
or administrative body, or (ii) we receive notification by you and the other
party contesting your registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree that if
you are subject to litigation regarding your registration and use of our
domain name registration services, we may deposit control of your domain
name record into the registry of the judicial body by supplying a party with
a registrar certificate from us.
�@
- RESERVATION OF RIGHTS. Registrar, KOOING LIMITED, and the .biz Registry Operator, NeuLevel, Inc. expressly reserve
the right to deny, cancel or transfer any registration that it deems
necessary, in its discretion, to protect the integrity and stability of the
registry, to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, or to avoid any liability, civil or criminal, on the
part of Registrar, RESELLER and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar, KOOING LIMITED
, and NeuLevel, Inc. also reserve the right to freeze a
domain name during resolution of a dispute.
�@
- .NAME - Should you seek to register a
.NAME second level domain name you, the registrant, must also agree to the
following terms:
�@
- 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.
�@
- PHASES OF DEFENSIVE REGISTRATIONS
(a) 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.
(b) Phase II Defensive Registrants may apply for a Defensive Registration
for any string or combination of strings.
(c) 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:
(i) There are two levels of Defensive Registrations, each of which is
subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration fee;
(iii) The Defensive Registrant must provide the information requested in
Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or string.
�@
- PROVISION OF REGISTRATION DATA
(a) 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.
(b) In addition to the information provided in subsection (a) 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.
(c) You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of the information provided up-to-date. Your willful
provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to respond for
over five (5) calendar days to our inquiries addressed to the email address
of the administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated with
any such Defensive Registration(s) registered by or through you or your
account shall constitute a breach of this Agreement.
�@
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree that: (i) the
Defensive Registration will be subject to challenge pursuant to the
Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (ii) if the
Defensive Registration is successfully challenged pursuant to the ERDRP, the
Defensive Registrant will pay the challenge fees; and (iii) 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.
(b) You further agree that 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.
(c) 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.
�@
- DEFENSIVE REGISTRATION DISPUTE POLICY
MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the Defensive Registration after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge that if
you do not agree to any such modification, you may terminate this Agreement.
We will not refund any fees paid by you if you terminate your Agreement with
us.
�@
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by a third
party, you will be subject to the provisions specified in our Defensive
Registration dispute policy in effect at the time of the dispute. You agree
that in the event a Defensive Registration dispute arises with any third
party, you will indemnify and hold Registrar and KOOING LIMITED.
harmless pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding your Defensive Registration, you
agree not to make any changes to your Defensive Registration record without
our prior approval. We may not allow you to make changes to such Defensive
Registration record until (i) we are directed to do so by the judicial or
administrative body, or (ii) we receive notification by you and the other
party contesting your Defensive Registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your Defensive
Registration and use of our domain name registration services, we may
deposit control of your Defensive Registration record into the registry of
the judicial body by supplying a party with a Registrar certificate from us.
�@
- 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.
�@
- .NAME REGISTRATION RESTRICTIONS
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.
�@
- .NAME CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the best of your
knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD") email address
is your Personal Name.
�@
- PROVISION OF REGISTRATION DATA
(a) 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: (i) your full name and postal address,
email address, voice telephone number, and fax number, if available; (ii)
the IP addresses and names of the primary nameserver and any secondary
nameserver(s) for the domain name; (iii) the full name, postal address,
email address, voice telephone number, and fax number, if available, of the
technical contact for the domain name; (iv) the full name, postal address,
email address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (v) the name, postal address,
email address, voice telephone number, and fax number, if available, of the
billing contact for the domain name. You agree and understand that the
foregoing registration data will be publicly available and accessible on the
Whois directory as required by Internet Corporation for Assigned Names and
Numbers ("ICANN")/Registry Policy. 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.
(b) You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you will
continue to keep all of the information provided up-to-date. Your willful
provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to respond to
our inquiries addressed to the email address of the administrative, billing
or technical contact then appearing in the Whois directory with respect to a
domain name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered by or
through you or your account shall constitute a breach of this Agreement. Any
information collected by us concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with the registration of
your domain name(s) and for the purposes of this Agreement and as required
or permitted by the ICANN Agreement or an ICANN/Registry Policy.
�@
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name domain name through us, you agree to
be bound by our current domain name dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please take the time
to familiarize yourself with that policy. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the
terms and conditions of the following documents, as they may be amended from
time to time, which are hereby incorporated and made an integral part of
this Agreement:
(a) the Eligibility Requirements (the "Eligibility Requirements"), available
at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
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 land rush procedures in
connection with the opening of the Registry TLD. The following categories of
Personal Name Registrations may be registered: (i) the Personal Name of an
individual; (ii) the Personal Name of a fictional character, if you have
trademark or service mark rights in that character's Personal Name; (iii) 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 (i) registered domain names and SLD email
address registrations within .name on the grounds that a Registrant does not
meet the Eligibility Requirements, and (ii) 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.
�@
- DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name or SLD email address
after modifications to the dispute policy become effective, you have agreed
to these modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any fees
paid by you if you terminate your Agreement with us.
�@
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services is
challenged by a third party, you will be subject to the provisions specified
in our dispute policy in effect at the time of the dispute. You agree that
in the event a domain name dispute arises with any third party, you will
indemnify and hold Registrar harmless pursuant to the terms and conditions
set forth below in this Agreement. If we are notified that a complaint has
been filed with a judicial or administrative body regarding your use of our
domain name registration services, you agree not to make any changes to your
domain name record without our prior approval. We may not allow you to make
changes to such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you and
the other party contesting your registration and use of our domain name
registration services that the dispute has been settled. Furthermore, you
agree that if you are subject to litigation regarding your registration and
use of our domain name registration services, we may deposit control of your
domain name record into the Registry of the judicial body by supplying a
party with a Registrar certificate from us.
�@
- EMAIL FORWARDING
(a) The service for which you have registered may, at your option, include
Email Forwarding. To the extent you opt to use Email Forwarding, you are
obliged to do so in accordance with all applicable legislation and are
responsible for all use of Email Forwarding, including the content of
messages sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content of and to comply
with the generally accepted rules for Internet and email usage. This
includes the following restrictions. Without prejudice to the foregoing, you
undertake not to use Email Forwarding:
(i) 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;
(ii) 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;
(iii) 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
(iv) 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.
Users are not permitted to provide false names or in any other way to pose
as somebody else when using Email Forwarding.
(c) 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. However, due to the nature of
such systems, which actively block messages, Registry Operator shall make
public any decision to implement such systems a reasonable time in advance,
so as to allow you or Registrar to give feedback on the decision.
(d) You understand and agree that Registry Operator may delete material that
does not conform to clause (c) above or that in some other way constitutes a
misuse of Email Forwarding. You further understand and agree that Registry
Operator is at liberty to block your access to Email Forwarding if you use
Email Forwarding in a way that contravenes this Agreement. You will be given
prior warning of discontinuation of the Email Forwarding unless it would
damage the reputation of Registry Operator or jeopardize the security of
Registry Operator or others to do so. Registry Operator reserves the right
to immediately discontinue Email Forwarding without notice if the technical
stability of Email Forwarding is threatened in any way, or if you are in
breach of this Agreement. On discontinuing Email Forwarding, Registry
Operator is not obliged to store any contents or to forward unsent email to
you or a third party.
(e) You understand and agree that to the extent Registry Operator is
required by law to disclose certain information or material in connection
with your Email Forwarding, Registry Operator will do so in accordance with
such requirement and without notice to you.
�@
- RESERVATION OF RIGHTS
Registrar, KOOING LIMITED. and Registry Operator Operator, expressly
reserve the right to deny, cancel or transfer any Defensive 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, KOOING LIMITED. and/or Registry Operator, as
well as their affiliates, subsidiaries, officers, directors and employees.
Registrar, KOOING LIMITED. and Registry Operator also reserve the
right to freeze a Defensive Registration during a resolution of a dispute.
�@
- LIMITATION OF LIABILITY
You agree that Registrar, KOOING LIMITED. and Registry Operator will
have no liability of any kind for any loss or liability resulting from (i)
the processing of Defensive Registration requests prior to live SRS launch,
including, without limitation, your ability or inability to obtain a
Registered Name or SLD email address registration using these processes; or
(ii) any dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of any
dispute resolution proceeding related to any of the foregoing.
�@
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless Registrar, e Solution (H.K.)
Co., and Registry Operator, and its directors, officers, employees and
agents from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses, arising out of or
relating to your registration. This indemnification obligation will survive
the termination or expiration of this Agreement.
�@
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which Registry
Operator has monitoring responsibility in accordance with the Registry
Agreement or under any other arrangement with ICANN; and
(b) operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a
non-arbitrary manner and applicable to all Registrars, including affiliates
of Registry Operator, and consistent with ICANN's standards, policies,
procedures, and practices and Registry Operator's Registry Agreement with
ICANN. Among Registry Operator's operational standards, policies,
procedures, and practices are those set forth in Exhibit E of the
Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards, policies,
procedures, and practices for the Registry TLD shall be effective upon
thirty (30) days notice by Registry Operator to Registrar.
�@
- .US - Should you seek to register a .US
second level domain name you, the registrant, must also agree to the following
terms:
�@
- Representations and Warranties. You
represent and certify that, to the best of your knowledge and belief, (i)
neither the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third party,
(ii) you have the requisite power and authority to enter into this Agreement
and to perform the obligations hereunder, (iii) you have and shall continue
to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus
Requirements" , (iv) you are of legal age to enter into this Agreement, and
(vi) you agree to comply with all applicable laws, regulations and policies
of Registrar and 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: (i) the Registered Name; (ii) the names
of the primary nameserver and secondary nameserver(s) for the Registered
Name; (iii) your name and postal address; (iv) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of
the technical contact for the Registered Name; (v) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of
the administrative contact for the Registered Name; (vi) the name, postal
address, e-mail address, voice telephone number, and fax number if available
of the billing contact for the Registered Name; (vii) any remark concerning
the registered domain name that should appear in the Whois directory; and
(viii) any other data 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.
�@
- Inaccurate or Unreliable Data. You hereby
represent and warrant that the data provided in the domain name registration
application is true, correct, up to date and complete and that you will
continue to keep all the information provided up to date. Your willful
provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to respond for
over five calendar days to our inquiries addressed to the e-mail address of
the administrative, billing or technical contact then appearing in the Whois
directory with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of any
domain name(s) registered by or through you or your account, shall
constitute a breach of this Agreement.
�@
- 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 website,
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.
�@
- Domain Name Dispute Policy Modifications.
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the reservation or registration of your domain name after modifications to
the dispute policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
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- including Registry policies incorporated by
reference. You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the terms
and conditions set forth in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body regarding
your use of our domain name registration services, you agree not to make any
changes to your domain name record without our prior approval. We may not
allow you to make changes to such domain name record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your registration and use
of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your
registration and use of our domain name registration services, we may
deposit control of your domain name record into the registry of the judicial
body by supplying a party with a registrar certificate from us.
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- Jurisdiction. For the adjudication of
disputes concerning or arising from use of the domain name, you shall
submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant's domicile, (2) the
State of Washington, and 3) the Commonwealth of Virginia.
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- Suspension, Cancellation or Transfer. You
agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer 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, (1) to correct mistakes by Registrar or the usTLD
Administrator in registering the name or (2) for the resolution of disputes
concerning the domain name.
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- Indemnification. The Registrant shall
indemnify and hold harmless the Registrar, KOOING LIMITED. and the
usTLD Administrator and their directors, officers, employees,
representatives, agents, affiliates, and stockholders from and against any
and all claims, suits, actions, other proceedings, damages, liabilities,
costs and expenses of any kind, including without limitation reasonable
legal fees and expenses, arising out of or relating to the Registrant's (i)
domain name registration and (ii) use of any of a domain name.
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- Reservation by usTLD Administrator.
Registrar, KOOING LIMITED. and usTLD Administrator reserve the right
to deny, cancel or transfer any registration that they deem necessary, in
their discretion, (1) to protect the integrity and stability of the
registry, (2) to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, (3) to avoid any liability, civil or criminal, on the
part of usTLD Administrator or Registrar, as well as their affiliates,
subsidiaries, officers, directors, representatives, employees, and
stockholders, (4) for violations of this Agreement, or (5) to correct
mistakes made by usTLD Administrator or any registrar in connection with a
domain name registration. usTLD Administrator and Registrar also reserve the
right to freeze a domain name during resolution of a dispute.
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- (.CN) Should you seek to register a .CN
second or third level domain name you, the registrant, must also agree to the
.CN end user agreement.
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- Representations and Warranties. You
represent and certify that, to the best of your knowledge and belief, (i)
neither the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third party,
(ii) you have the requisite power and authority to enter into this Agreement
and to perform the obligations hereunder, (iii) you are of legal age to
enter into this Agreement, and (vi) you agree to comply with all applicable
laws, regulations and policies of the Peoples Republic of China's
governmental agencies and the China Internet Network Information Center ("CNNIC"),
including but not limited to the following rules and regulations: (i) China
Internet Domain Name Regulations (currently at http://www.cnnic.net.cn/ruler/20.shtml);
(ii) CNNIC Detailed Rules of Internet Domain Name Registration
Administration (currently at http://www.cnnic.net.cn/ruler/16.shtml); (iii)
CNNIC Domain Name Dispute Resolution Policy (currently at http://www.cnnic.net.cn/doc/e-10.shtml);
and (iv) Rules for CNNIC Domain Name Dispute Resolution Policy (currently at
http://www.cnnic.net.cn/doc/e-9.shtml).
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- Provision of Registration Data. As part of
the registration process, you are required to provide us with certain
information and to update this information to keep it current, complete and
accurate. This information includes: (i) the Registered Name; (ii) the names
of the primary nameserver and secondary nameserver(s) for the Registered
Name; (iii) your name, postal address, e-mail address, voice telephone
number and (where available) fax number; (iv) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of
the technical contact for the Registered Name; (v) the name, postal address,
e-mail address, voice telephone number, and (where available) fax number of
the administrative contact for the Registered Name; (vi) the name, postal
address, e-mail address, voice telephone number, and fax number if available
of the billing contact for the Registered Name; (vii) any remark concerning
the registered domain name that should appear in the Whois directory; and
(viii) any other data CNNIC, as the Registry, requires be submitted to it.
You agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory pursuant to the
CNNC Policy. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in connection
with the registration of your domain name(s) and for the purposes of this
Agreement and as required or permitted by the CNNIC.
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- Business or Organization Representation: The
.cn top-level domain space is intended for businesses and organizations and
not for individual use. By registering a .cn domain name, you hereby
represent that you have registered the domain name on behalf of a business
or organization.
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- Inaccurate or Unreliable Data. You hereby
represent and warrant that the data provided in the domain name registration
application is true, correct, up to date and complete and that you will
continue to keep all the information provided up to date. Your willful
provision of inaccurate or unreliable information, your willful failure
promptly to update information provided to us, or any failure to respond for
over five calendar days to our inquiries addressed to the e-mail address of
the administrative, billing or technical contact then appearing in the Whois
directory with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration of any
domain name(s) registered by or through you or your account, shall
constitute a breach of this Agreement.
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- Maximum Term: The maximum term for a domain
name registration in the .cn TLD shall be five (5) years. Domain Name
Registrations shall be available for terms of one, two, three, four and five
years.
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- Prohibited Uses for .cn domain name.
Registrant may not register or use a domain name that is deemed by CNNIC to:
- Be against the basic principles prescribed
in the Constitution of the Peoples Republic of China ("PRC");
- Jeopardize national security, leak state
secrets, intend to overturn the government, or disrupt of state integrity
of the PRC;
- Harm national honor and national interests
of the PRC;
- Instigate hostility or discrimination
between different nationalities, or disrupt the national solidarity of the
PRC;
- Violate the PRC's religion policies or
propagate cult and feudal superstition;
- Spread rumors, disturb public order or
disrupt social stability of the PRC;
- Spread pornography, obscenity, gambling,
violence, homicide, terror or instigate crimes in the PRC;
- Insult, libel against others and infringe
other people's legal rights and interests in the PRC; or
- Take any other action prohibited in laws,
rules and administrative regulations of the PRC.
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- True Registrant of Domain Name. By
registering a .cn domain name, you shall be the registrant of record and
responsible for providing full contact information and for providing and
updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection
with the domain name. You accept liability for harm caused by wrongful use
of the domain name.
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- Domain Name Dispute Policy. If you have
registered a second or third-level .cn domain name through us, you agree to
be bound by the CNNIC Domain Name Dispute Resolution Policy & Rules for
CNNIC Domain Name Dispute Resolution Policy ("Dispute Policy"), http://www.cnnic.net.cn/ruler/20.shtml,
which is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In addition,
you hereby acknowledge that you have read and understood and agree to be
bound by the terms and conditions of the policies of the CNNIC, as they may
be amended from time to time, and which are hereby incorporated and made an
integral part of this Agreement.
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- Domain Name Dispute Policy Modifications.
You agree that we, in our sole discretion, may modify our dispute policy. We
will post any such revised policy on our Web site at least thirty (30)
calendar days before it becomes effective. You agree that, by maintaining
the registration of your domain name after modifications to the dispute
policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
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- Domain Name Disputes. You agree that, if
your use of our domain name registration services is challenged by a third
party, you will be subject to the provisions specified in the Dispute Policy
in effect at the time of the dispute. You agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold us,
CNNIC and NeuStar, Inc.("Registry Gateway Provider"), harmless pursuant to
the terms and conditions set forth in this Agreement. If we are notified
that a complaint has been filed with a judicial or administrative body
regarding your use of our domain name registration services, you agree not
to make any changes to your domain name record without our prior approval.
We may not allow you to make changes to such domain name record until (i) we
are directed to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your registration
and use of our domain name registration services that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation
regarding your registration and use of our domain name registration
services, we may deposit control of your domain name record into the
registry of the judicial body by supplying a party with a registrar
certificate from us.
�@
- Jurisdiction. For the adjudication of
disputes concerning or arising from use of the Registered Name, the
Registrant shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of the Registrant's
domicile, (2) where Registrar is located, and 3) the People's Republic of
China.
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- Governing Law. For the adjudication of a
dispute concerning or arising from use of the domain name, such dispute
shall be governed under the Laws of the Peoples Republic of China.
�@
- Suspension, Cancellation or Transfer. You
agree that your registration of the domain name shall be subject to
suspension, cancellation, or transfer pursuant to any CNNIC adopted
specification or policy, or pursuant to any registrar or CNNIC procedure not
inconsistent with a CNNIC adopted specification or policy, (1) to correct
mistakes by Registrar or the CNNIC in registering the name or (2) for the
resolution of disputes concerning the domain name.
�@
- Indemnification. The Registrant shall
indemnify and hold harmless the [Registrar], Registry Gateway Provider and
CNNIC and their directors, officers, employees, representatives, agents,
affiliates, and stockholders from and against any and all claims, suits,
actions, other proceedings, damages, liabilities, costs and expenses of any
kind, including without limitation reasonable legal fees and expenses,
arising out of or relating to the Registrant's (i) domain name registration
and (ii) use of any of a domain name.
�@
- Reservation by CNNIC and Registry Gateway
Provider. [Registrar], the Registry Gateway Provider and CNNIC reserve the
right to deny, cancel or transfer any registration that they deem necessary,
in their discretion, (1) to protect the integrity and stability of the
registry, (2) to comply with any applicable laws, government rules or
requirements, requests of law enforcement, in compliance with any dispute
resolution process, (3) to avoid any liability, civil or criminal, on the
part of CNNIC, the Registry Gateway Provider or [Registrar], as well as
their affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders, (4) for violations of this Agreement, or (5) to
correct mistakes made by Registry Gateway Provider, CNNIC or any registrar
in connection with a domain name registration. CNNIC, Registry Gateway
Provider and [Registrar] also reserve the right to freeze a domain name
during resolution of a dispute.
NEUSTAR EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY
KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO THE IMPLIED
WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE AND
NON-INFRINGEMENT. NEUSTAR MAKES NO WARRANTY THAT THESE PARAGRAPHS WILL MEET YOUR
SPECIFIC REQUIREMENTS OR TO THE ACCURACY OR RELIABILITY OF THIS INFORMATION. YOU
UNDERSTAND AND AGREE THAT ANY RELIANCE ON THE MATERIAL PROVIDED HEREIN IS DONE
AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
USE OF SUCH MATERIAL.
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