|
This Domain Registrant Agreement (hereinafter referred to as the
"Agreement") between you ("you", "your" or "Registrant") and the
Registrar of the Domain Name, or .NAME Defensive Registration, or .NAME
Mail Forward (the "Order") that you have registered/reserved through or
transferred to Registrar, sets forth the terms and conditions of
Registrar's domain name registration service and other associated
services as described herein.
If you are entering
into this agreement on behalf of a company or other legal entity, you
represent that you have the authority to bind such entity to these
terms and conditions, in which case the terms "you", "your" and
"Registrant" shall refer to such entity.
This
Agreement explains our obligations to you, and your obligations to us
in relation to each Domain Name, or .NAME Defensive Registration, or
.NAME Mail Forward that you have registered/reserved through or
transferred to Registrar ("Order"), directly or indirectly, whether or
not you have been notified about Registrar.
This
Agreement will become effective when the term of your Order begins with
Registrar and will remain in force until the Order remains as an active
Order with Registrar. Registrar may elect to accept or reject the Order
application for any reason at its sole discretion, such rejection
including, but not limited to, rejection due to a request for a
prohibited Order.
WHEREAS, Registrar is authorized
to provide Internet registration and management services for
second-level domain names within .COM, .NET, .ORG, .BIZ, .INFO, .NAME
and .US top level domains and .NAME Defensive Registrations and .NAME
Mail Forwards;
AND WHEREAS, the Registrant is the
Owner of a registration of a second-level domain name ("the SLD") in
any of the .COM, .NET, .ORG, .BIZ, .INFO, .NAME and .US top level
domain ("the TLD") or a .NAME Defensive Registration or a .NAME Mail
Forward registered through Registrar, directly or indirectly;
NOW,
THEREFORE, for and in consideration of the mutual promises, benefits
and covenants contained herein and for other good and valuable
consideration, the receipt, adequacy and sufficiency of which are
hereby acknowledged, Registrar and the Registrant, intending to be
legally bound, hereby agree as follows:
1. DEFINITIONS
(1) "Business Day" refers to a working day between Mondays to Friday excluding all Public Holidays.
(2)
"Communications" refers to date, time, content, including content in
any link, of all oral / transmitted / written communications /
correspondence between Registrar, and the Registrant, and any
Artificial Juridical Person, Company, Concern, Corporation, Enterprise,
Firm, Individual, Institute, Institution, Organization, Person,
Society, Trust or any other Legal Entity acting on their behalf.
(3) "Customer" refers to the customer of the Order as recorded in the OrderBox Database
(4)
"OrderBox" refers to the set of Servers, Software, Interfaces,
Registrar Products and API that is provided for use directly or
indirectly under this Agreement by Registrar and/or its Service
Providers.
(5) "OrderBox Database" is the collection of data elements stored on the OrderBox Servers.
(6)
"OrderBox Servers" refer to Machines / Servers that Registrar or its
Service Providers maintain to fulfill services and operations of the
OrderBox
(7) "OrderBox User" refers to the Customer
and any Agent, Employee, Contractee of the Customer or any other Legal
Entity, that has been provided access to the "OrderBox" by the
Customer, directly or indirectly.
(8) "Registrar"
refers to the Registrar of record as shown in a Whois Lookup for the
corresponding Order at the corresponding Registry Operator
(9)
"Registrar Products" refer to all Products and Services of Registrar
which it has provided/rendered/sold, or is providing/rendering/selling.
(10)
"Registrar Servers" refer to web servers, Mailing List Servers,
Database Servers, OrderBox Servers, Whois Servers and any other
Machines / Servers that Registrar or its Service Providers Operate, for
the OrderBox, the Registrar Website, the Registrar Mailing Lists,
Registrar Products and any other operations required to fulfill
services and operations of Registrar.
(11) "Registrar Website" refers to the website of registrar
(12)
"Registry Operator" refers individually and collectively to any
Artificial Juridical Persons, Company, Concern, Corporation,
Enterprise, Firm, Individual, Institute, Institution, Organization,
Person, Society, Trust or any other Legal Entity that is involved in
the management of any portion of the registry of the TLD, including but
not limited to policy formation, technical management, business
relationships, directly or indirectly as an appointed contractor;
(13)
"Resellers" - The Registrant may purchase the Order through a reseller,
who in turn may purchase the same through a reseller and so on
(collectively known as the "Resellers")
(14)
"Service Providers" refers individually and collectively to any
Artificial Juridical Persons, Company, Concern, Corporation,
Enterprise, Firm, Individual, Institute, Institution, Organization,
Person, Society, Trust or any other Legal Entity that the Customer
and/or Registrar and/or Service Providers (recursively) may, directly
or indirectly, Engage / Employ / Outsource / Contract for the
fulfillment / provision / purchase of Registrar Products, OrderBox, and
any other services and operations of Registrar.
(15)
"Whois" refers to the public service provided by Registrar and Registry
Operator whereby anyone may obtain certain information associated with
the Order through a "Whois Lookup"
(16) "Whois
Record" refers to the collection of all data elements of the Order,
specifically its Registrant Contact Information, Administrative Contact
Information, Technical Contact Information, Billing Contact
Information, Nameservers if any, its Creation and Expiry dates, its
Registrar and its current Status in the Registry.
2. OBLIGATIONS OF THE REGISTRANT
(1)
The Registrant agrees to provide, maintain and update, current,
complete and accurate information of the Whois Record and all the data
elements about the Order in the OrderBox Database during the term of
the Order. Registrant agrees that provision of inaccurate or unreliable
information, and/or Registrant's failure to promptly update
information, or non-receipt of a response for over five (5) calendar
days to inquiries sent to the email address of the Registrant or any
other contact listed for the Order in the OrderBox database concerning
the accuracy of contact information associated with the Order shall be
constituted as a breach of this Agreement and a basis for freezing,
suspending, or deleting that Order
(2) The
Registrant acknowledges that in the event of any dispute and/or
discrepancy concerning the data elements of the Order in the OrderBox
Database, the data element in the OrderBox Database records shall
prevail.
(3) The Registrant acknowledges that the
authentication information for complete control and management of the
Order will be accessible to the Registry Operator, Service Providers,
Resellers and the Customer. Any modification to the Order by the
Resellers, Customer or Service Providers will be treated as if it is
authorized by the Registrant directly. Registrar is not responsible for
any modification to the Order by the Customer, Resellers, Registry
Operator, or Service Providers.
(4) The Registrant
acknowledges that all communication about the Order will be only done
with the Customer or the Resellers of the Order. Registrar is not
required to, and may not directly communicate with the Registrant
during the entire term of the Order.
(5) The
Registrant shall comply with all terms or conditions established by
Registrar, Registry Operator and/or Service Providers from time to time.
(6)
The Registrant must comply with all applicable terms and conditions,
standards, policies, procedures, and practices laid down by ICANN and
the Registry Operator.
(7) During the term of this
Agreement and for three years thereafter, the Registrant shall maintain
the following records relating to its dealings with Registrar,
Resellers and their Agents or Authorized Representatives: -
(1) In electronic, paper or microfilm form, all written communications with respect to the Order.
(2)
In electronic form, records of the accounts of the Order, including
dates and amounts of all payments, discount, credits and refunds.
The Registrant shall make these records available for inspection by Registrar upon reasonable notice not exceeding 14 days.
3. REPRESENTATIONS AND WARRANTIES
Registrar and Registrant represent and warrant that: -
(1) they have all requisite power and authority to execute, deliver and perform their obligations under this Agreement;
(2)
This Agreement has been duly and validly executed and delivered and
constitutes a legal, valid and binding obligation, enforceable against
Registrant and Registrar in accordance with its terms;
(3)
The execution, delivery, and performance of this Agreement and the
consummation by Registrar and the Registrant of the transactions
contemplated hereby will not, with or without the giving of notice, the
lapse of time, or both, conflict with or violate: -
(1) any provision of law, rule, or regulation;
(2) any order, judgment, or decree;
(3) any provision of corporate by-laws or other documents; or
(4) any agreement or other instrument.
(4) the execution, performance and delivery of this Agreement has been duly authorized by the Registrant and Registrar;
(5)
No consent, approval, or authorization of, or exemption by, or filing
with, any governmental authority or any third party is required to be
obtained or made in connection with the execution, delivery, and
performance of this Agreement or the taking of any other action
contemplated hereby;
The Registrant represents and warrants that:
(1) the Registrant has read and understood every clause of this Agreement
(2)
the Registrant has independently evaluated the desirability of the
service and is not relying on any representation agreement, guarantee
or statement other than as set forth in this agreement; and
(3) the Registrant is eligible, to enter into this Contract according to the laws of his country
4. RIGHTS OF REGISTRAR, REGISTRY OPERATOR AND SERVICE PROVIDERS
(1)
Registrar, Service Providers and Registry Operator may change any
information, of the Order, or transfer the Order to another Registrant,
or transfer the Order to another Customer, upon receiving any
authorization from the Registrant, or the Customer, or Resellers as
maybe prescribed by Registrar from time to time.
(2)
Registrar, Service Providers and Registry Operator may provide/send any
information, about the Registrant, and the Order including
Authentication information
(1) to the Registrant
(2)
to any authorized representative, agent, contractee, employee of the
Registrant upon receiving authorization in any form as maybe prescribed
by Registrar from time to time
(3) to the Customer, Resellers, Service Providers and Registry Operator
(4) to anyone performing a Whois Lookup for the Order
(3)
Registrar in its own discretion can at any point of time with
reasonable notification temporarily or permanently cease to sell any
Registrar Products
(4) Registrar and the Registry
Operator, in their sole discretion, expressly reserve the right to deny
any Order or cancel an Order within 30 days of processing the same. In
such case Registrar may refund the fees charged for the Order, after
deducting any processing charges for the same.
(5)
Registrar, Registry Operator and Service Providers, in their sole
discretion, expressly reserve the right to without notice or refund,
delete, suspend, deny, cancel, modify, take ownership of or transfer
the Order, or to modify, upgrade, suspend, freeze OrderBox, in order to
recover any Payment from the Registrant, Customer or Resellers, for any
service rendered by Registrar including services rendered outside the
scope of this agreement, or to correct mistakes made by Registrar,
Registry Operator or Service Providers in processing or executing the
Order, or incase of any breach of this Agreement, or incase Registrar
learns of a possibility of breach or violation of this Agreement which
Registrar in its sole discretion determines to be appropriate, or
incase of Termination of this agreement, or if Registrar learns of any
such event which Registrar reasonably determines would lead to
Termination of this Agreement or would constitute as Breach thereof, or
to protect the integrity and stability of the Registrar Products,
OrderBox, and the Registry or to comply with any applicable laws,
government rules or requirements, requests of law enforcement, or in
compliance with any dispute resolution process, or in
accordance/compliance with any agreements executed by Registrar
including but not limited to agreements with Service Providers, and/or
Registry Operator, and/or Customers and/or Resellers, or to avoid any
liability, civil or criminal, on the part of Registrar and/or Service
Providers, and/or the Registry Operator, as well as their affiliates,
subsidiaries, officers, directors and employees, or if the Registrant
and/or Agents or any other authorized representatives of the Registrant
violate any applicable laws/government rules, including but not limited
to, intellectual property, copyright, patent, anti-spam, or Registrar
learns of the possibility of any such violation or upon appropriate
authorization (what constitutes appropriate authorization is at the
sole discretion of Registrar) from the Registrant or Customer or
Reseller or their authorized representatives, or if Registrar, Registry
Operator or Service Providers in their sole discretion determine that
the information associated with the Order is inaccurate, or has been
tampered with, or has been modified without authorization, or if
Registrar or Service Providers in their sole discretion determine that
the ownership of the Order should belong to another entity, or if
Reseller/Customer/Registrant does not comply with any applicable terms
and conditions, standards, policies, procedures, and practices laid
down by Registrar, Service Providers, ICANN, the Registrar, the
Registry Operator or for any appropriate reason. Registrar or Registry
Operator, also reserve the right to freeze the Order during resolution
of a dispute. The Registrant agrees that Registrar, Registry Operator
and Service Providers, and the contractors, employees, directors,
officers, representatives, agents and affiliates, of Registrar,
Registry Operator and Service Providers, are not liable for loss or
damages that may result from any of the above.
(6)
Registrar and Service Providers can choose to redirect an Order to any
IP Address including, without limitation, to an IP address which hosts
a parking page or a commercial search engine, if an Order has expired,
or is suspended, or does not contain valid Name Servers to direct it to
any destination.
(7) Registrar and Registry Operator
has the right to rectify any mistakes in the data in the OrderBox
Database with retrospective effect.
5. DISPUTE PROCESS
The
Registrant agrees that, if the use of the Order is challenged by a
third party, the Registrant will be subject to the provisions of the
appropriate Dispute policy for that Order as mentioned in the
appropriate Appendix in effect at the time of the dispute. The
Registrant agrees that in the event a dispute arises with any third
party, the Registrant will indemnify and hold Registrar, Registry
Operator (VeriSign/ NeuLevel/ NeuStar/ Afilias/ Public Interest
Registry) and Service Providers harmless in all circumstances, and that
Registrar, Registry Operator and Service Providers will have no
liability of any kind for any loss or liability resulting from any such
dispute, including the decision and final outcome of such dispute. If a
complaint has been filed with a judicial or administrative body
regarding the Registrant's use of the Order, the Registrant agrees not
to make any changes to the Order without Registrar's prior approval.
Registrar may not allow the Registrant to make changes to such Order
until:
(1) Registrar is directed to do so by the judicial or administrative body, or
(2)
Registrar receives notification, in a manner prescribed by Registrar
from time to time, by the Registrant and the other party contesting the
Registrant registration or use of the Order, that the dispute has been
settled.
6. TERM OF AGREEMENT / RENEWALS
(1)
The term of this Agreement shall continue until the registrant of the
Order in the OrderBox database continues to be the Registrant and the
Order continues to exist and the Order Registration term continues to
exist.
(2) Registrant acknowledges that it is the
Registrant's responsibility to keep records and maintain reminders
regarding the expiry of any Order. As a convenience to the Registrant,
and not as a binding commitment, we may notify the Customer, via an
email message sent to the contact information associated with the
Customer in the OrderBox database, about the expiry of the Order.
Should renewal fees go unpaid for an Order, the Order will expire.
(3)
Registrant acknowledges that after expiration of the term of an Order,
Registrant has no rights on such Order, or any information associated
with such Order, and that ownership of such Order now passes on to the
Registrar. Registrar and Service Providers may make any modifications
to said Order or any information associated with said Order. Registrar
and Service Providers may intercept any network/communication requests
to such Order and process them in any manner in their sole discretion.
Registrar and Service Providers may choose to monetize such requests in
any fashion at their sole discretion. Registrar and Service Providers
may choose to display any appropriate message, and/or send any response
to any user making a network/communication request, for or concerning
said Order. Registrar and Service Providers may choose to delete said
Order at anytime after expiry upon their sole discretion.
(4)
Registrar at its sole discretion may allow the renewal of the Order
after Order expiry, and such renewal term will start as on the date of
expiry of the Order, unless otherwise specified. Such process may be
charged separately. Such renewal after the expiry of the Order may not
result in exact reinstatement of the Order in the same form as it was
prior to expiry.
(5) Registrar makes no guarantees
about the number of days, after deletion of an Order, after which the
same Order will once again become available for purchase
(6) This Agreement shall terminate immediately in the event
(1)
Registrar's contract with the Service Providers for the fulfillment of
such Order is terminated or expires without renewal
(2) Registrar's contract with the Registry Operator is terminated or expires without renewal
(3) Registry Operator ceases to be the Registry Operator for the particular TLD
(4) of Registrant-Registrant Transfer as per Section 8
(5) of Registrar-Registrar Transfer as per Section 9
(7)
Upon Termination of this Agreement, Registrar may
delete/suspend/transfer/modify the Order and suspend OrderBox Users'
access to the OrderBox with immediate effect, upon the sole discretion
of Registrar
(8) Neither Party shall be liable to
the other for damages of any sort resulting solely from terminating
this Agreement in accordance with its terms, unless specified
otherwise. The Registrant however shall be liable for any damage
arising from any breach by it of this Agreement.
7. FEES / RENEWAL
Payment of fees shall be governed as per the Payment Terms and Conditions set out in Appendix 'C'
8. REGISTRANT - REGISTRANT TRANSFER
(1) Registrar may transfer the Order of the Registrant to another registrant under the following circumstances: -
(1)
Authorization from the Registrant and/or their Agent or Authorized
Representative in a manner prescribed by Registrar from time to time;
(2) Authorization from the Customer and/or the Reseller in a manner prescribed by Registrar
(3) On receiving orders from a competent Court or Law Enforcement Agency;
(4) For fulfillment of a decision in a domain dispute resolution
(5) Breach of Contract;
(6) Termination of this Agreement;
(7)
Registrar learns of any such event, which Registrar reasonably
determines would lead to Termination of this Agreement, or would
constitute as Breach thereof.
(2) In the above
circumstances the Registrant shall extend full cooperation to Registrar
in transferring the Order of the Registrant to another registrant
including without limitation, handing over all data required to be
stored by the Registrant as per Section 3(5), and complying with all
requirements to facilitate a smooth transfer.
(3)
The Registrant's Order may not be transferred until Registrar receives
such written assurances or other reasonable assurance that the new
registrant has been bound by the contractual terms of this Agreement
(such reasonable assurance as determined by Registrar in its sole
discretion). If the Transferee fails to be bound in a reasonable
fashion (as determined by Registrar in its sole discretion) to the
terms and conditions in this Agreement, any such transfer maybe
considered by Registrar as null and void in its sole discretion.
9. REGISTRAR-REGISTRAR TRANSFER
(1)
The Registrant acknowledge and agree that during the first 60 days
after initial registration of the Order, or after expiration of the
Order the Registrant will not be able to transfer the Order to another
Registrar.
(2) The Registrant agrees to provide
authorization to Registrar for the transfer of the Order to another
Registrar. Registrar, in its sole discretion will determine, if such
authorization is adequate to allow the Transfer.
(3)
The Registrant's request to transfer to another Registrar may be denied
in situations described in this Agreement including, but not limited to:
(1) a dispute over the identity of the domain name holder;
(2) bankruptcy; and default in the payment of any fees.
(3)
any pending dues from the Customer or Resellers' or Registrant for any
services rendered, whether under this agreement or otherwise
(4) any pending Domain Dispute Resolution process with respect to the Order
(5) if the Order has been locked or suspended by the Customer or Resellers
(4) Registrar may at its sole discretion lock or suspend the Order to prevent a Domain Transfer
10. LIMITATION OF LIABILITY
IN
NO EVENT WILL REGISTRAR, REGISTRY OPERATOR OR SERVICE PROVIDERS OR
CONTRACTORS OR THIRD PARTY BENEFICIARIES BE LIABLE TO THE REGISTRANT
FOR ANY LOSS OF REGISTRATION AND USE OF THE ORDER, OR FOR INTERRUPTIONS
OF BUSINESS, OR ANY SPECIAL, INDIRECT, ANCILLARY, INCIDENTAL, PUNITIVE,
EXEMPLARY OR CONSEQUENTIAL DAMAGES, OR ANY DAMAGES RESULTING FROM LOSS
OF PROFITS, ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT,
REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING
NEGLIGENCE), OR OTHERWISE, EVEN IF REGISTRAR AND/OR ITS SERVICE
PROVIDERS HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
REGISTRAR FURTHER DISCLAIMS ANY AND ALL LOSS OR LIABILITY RESULTING FROM, BUT NOT LIMITED TO:
(1) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF AUTHENTICATION INFORMATION;
(2) LOSS OR LIABILITY RESULTING FROM FORCE MAJEURE EVENTS AS STATED IN SECTION 21 OF THIS AGREEMENT;
(3) LOSS OR LIABILITY RESULTING FROM ACCESS DELAYS OR ACCESS INTERRUPTIONS;
(4) LOSS OR LIABILITY RESULTING FROM NON-DELIVERY OF DATA OR DATA MISS-DELIVERY;
(5)
LOSS OR LIABILITY RESULTING FROM ERRORS, OMISSIONS, OR MISSTATEMENTS IN
ANY AND ALL INFORMATION OR REGISTRAR PRODUCT(S) PROVIDED UNDER THIS
AGREEMENT;
(6) LOSS OR LIABILITY RESULTING FROM THE INTERRUPTION OF SERVICE.
If
any legal action or other legal proceeding (including arbitration)
relating to the performance under this Agreement or the enforcement of
any provision of this Agreement is brought against Registrar by the
Registrant, then in no event will the liability of Registrar exceed
actual amount received by Registrar for the Order minus direct expenses
incurred with respect to the Order.
REGISTRANT
ACKNOWLEDGES THAT THE CONSIDERATION RECEIVED BY REGISTRAR IS BASED IN
PART UPON THESE LIMITATIONS, AND THAT THESE LIMITATIONS WILL APPLY
NOTWITHSTANDING ANY FAILURE OF ESSENTIAL PURPOSE OF ANY REMEDY. IN NO
EVENT WILL THE LIABILITY OF REGISTRAR RELATING TO THIS AGREEMENT EXCEED
TOTAL AMOUNT RECEIVED BY REGISTRAR IN RELATION TO THE ORDER.
11. INDEMNIFICATION
(1)
The Registrant, at its own expense, will indemnify, defend and hold
harmless, Registrar, Service Provider, Registry Operator (VeriSign/
NeuLevel/ NeuStar/ Afilias/ Public Interest Registry), Resellers and
the contractors, employees, directors, officers, representatives,
agents and affiliates, of Registrar, Registry Operator(VeriSign/
NeuLevel/ NeuStar/ Afilias/ Public Interest Registry), Service
Providers, and Resellers against any claim, suit, action, or other
proceeding brought against them based on or arising from any claim or
alleged claim, of third parties relating to or arising under this
Agreement, Registrar Products provided hereunder, or any use of the
Registrar Products, including without limitation:-
(1)
infringement by the Registrant, or someone else using a Registrar
Product with the Registrant's computer, of any intellectual property or
other proprietary right of any person or entity
(2) arising out of any breach by the Registrant of this Agreement.
(3) arising out of, or related to, the Order or use of the Order
However,
that in any such case Registrar may serve either of the Registrant with
notice of any such claim and upon their written request, Registrar will
provide to them all available information and assistance reasonably
necessary for them to defend such claim, provided that they reimburse
Registrar for its actual costs.
(2) The Registrant
will not enter into any settlement or compromise of any such
indemnifiable claim without Registrar's prior written consent, which
shall not be unreasonably withheld.
(3) The
Registrant will pay any and all costs, damages, and expenses,
including, but not limited to, actual attorneys' fees and costs awarded
against or otherwise incurred by Registrar in connection with or
arising from any such indemnifiable claim, suit, action or proceeding.
12. INTELLECTUAL PROPERTY
Subject
to the provisions of this Agreement, each Party will continue to
independently own his/her/its intellectual property, including all
patents, trademarks, trade names, domain names, service marks,
copyrights, trade secrets, proprietary processes and all other forms of
intellectual property. Any improvements to existing intellectual
property will continue to be owned by the Party already holding such
intellectual property.
Without limiting the
generality of the foregoing, no commercial use rights or any licenses
under any patent, patent application, copyright, trademark, know-how,
trade secret, or any other intellectual proprietary rights are granted
by Registrar to the Registrant, or by any disclosure of any
Confidential Information to the Registrant under this Agreement.
Registrant
shall further ensure that the Registrant does not infringe any
intellectual property rights or other rights of any person or entity,
or does not publish any content that is libelous or illegal while using
services under this Agreement. Registrant acknowledges that Registrar
cannot and does not check to see whether any service or the use of the
services by the Registrant under this Agreement, infringes legal rights
of others.
13. OWNERSHIP AND USE OF DATA
(1)
You agree and acknowledge that Registrar owns all data, compilation,
collective and similar rights, title and interests worldwide in the
OrderBox Database, and all information and derivative works generated
from the OrderBox Database.
(2) Registrar, Service
Providers and the Registry Operator and their designees/agents have the
right to backup, copy, publish, disclose, use, sell, modify, process
this data in any form and manner as maybe required for compliance of
any agreements executed by Registrar, or Registry Operator or Service
Providers, or in order to fulfill services under this Agreement, or for
any other appropriate reason.
14. DELAYS OR OMISSIONS; WAIVERS
No
failure on the part of any Party to exercise any power, right,
privilege or remedy under this Agreement, and no delay on the part of
any Party in exercising any power, right, privilege or remedy under
this Agreement, shall operate as a waiver of such power, right,
privilege or remedy; and no single or partial exercise or waiver of any
such power, right, privilege or remedy shall preclude any other or
further exercise thereof or of any other power, right, privilege or
remedy.
No Party shall be deemed to have waived any
claim arising out of this Agreement, or any power, right, privilege or
remedy under this Agreement, unless the waiver of such claim, power,
right, privilege or remedy is expressly set forth in a written
instrument on behalf of such Party; and any such waiver shall not be
applicable or have any effect except in the specific instance in which
it is given.
No waiver of any of the provisions of
this Agreement shall be deemed to constitute a waiver of any other
provision (whether or not similar), nor shall such waiver constitute a
waiver or continuing waiver unless otherwise expressly provided in
writing.
15. RIGHT TO SUBSTITUTE UPDATED AGREEMENT
(1) During the period of this Agreement, the Registrant agrees that Registrar may: -
(1) revise the terms and conditions of this Agreement; and
(2) change the services provided under this Agreement
(2)
Registrar, or the Registry Operator or any corresponding/designated
policy formulating body may revise ANY of the Dispute policies, and
eligibility criteria set forth in the various appendices as well as in
any of the external URLs referenced within the appendices
(3)
Any such revision or change will be binding and effective immediately
on posting of the revision on the Registrar Website or the
corresponding URL referenced in this Agreement
(4)
The Registrant agrees to review the Registrar Website and all other
URLs referenced in this Agreement, periodically, to be aware of any
such revisions
(5) The Registrant agrees that,
continuing use of the services under this Agreement following any
revision, will constitute as an acceptance of any such revisions or
changes
(6) The Registrant acknowledges that if the
Registrant does not agree to any such modifications, the Registrant may
terminate this Agreement within 30 days of such revision. In such
circumstance Registrar will not refund any fees paid by the Registrant.
16. PUBLICITY
The
Registrant shall not create, publish, distribute, or permit any written
/ Oral / electronic material that makes reference to us or our Service
Providers or uses any of Registrar's registered Trademarks / Service
Marks or our Service Providers' registered Trademarks / Service Marks
without first submitting such material to us and our Service Providers
and receiving prior written consent.
The Registrant
gives Registrar the right to use the Registrant names in marketing /
promotional material with regards to Registrar Products to Visitors to
the Registrar Website, Prospective Clients and existing and new
customers.
17. TAXES
The
Registrant shall be responsible for sales tax, consumption tax,
transfer duty, custom duty, octroi duty, excise duty, income tax, and
all other taxes and duties, whether international, national, state or
local, however designated, which are levied or imposed or may be levied
or imposed, with respect to this Agreement and the Registrar Products.
18. FORCE MAJEURE
Neither
party shall be liable to the other for any loss or damage resulting
from any cause beyond its reasonable control (a "Force Majeure Event")
including, but not limited to, insurrection or civil disorder, riot,
war or military operations, national or local emergency, acts or
directives or omissions of government or other competent authority,
compliance with any statutory obligation or executive order, strike,
lock-out, work stoppage, industrial disputes of any kind (whether or
not involving either party's employees), any Act of God, fire,
lightning, explosion, flood, earthquake, eruption of volcano, storm,
subsidence, weather of exceptional severity, equipment or facilities
breakages / shortages which are being experienced by providers of
telecommunications services generally, or other similar force beyond
such Party's reasonable control, and acts or omissions of persons for
whom neither party is responsible. Upon occurrence of a Force Majeure
Event and to the extent such occurrence interferes with either party's
performance of this Agreement, such party shall be excused from
performance of its obligations (other than payment obligations) during
the first six months of such interference, provided that such party
uses best efforts to avoid or remove such causes of non performance as
soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except
as otherwise expressly provided herein, the provisions of this
Agreement shall inure to the benefit of and be binding upon, the
successors and assigns of the Parties; provided, however, that any such
successor or assign be permitted pursuant to the Articles, Bylaws or
policies of Registrar.
The Registrant shall not
assign, sublicense or transfer its rights or obligations under this
Agreement to any third person/s except as provided for in Section 8
(REGISTRANT - REGISTRANT TRANSFER) or with the prior written consent of
Registrar.
Registrant agrees that if Registrant
licenses the use of the Order to a third party, the Registrant
nonetheless remains the Registrant of record, and remains responsible
for all obligations under this Agreement.
20. NO GUARANTY
The
Registrant acknowledges that registration or reservation of the Order
does not confer immunity from objection to the registration,
reservation, or use of the Order.
21. DISCLAIMER
THE
ORDERBOX, REGISTRAR SERVERS, OrderBox Servers, Registrar Website AND
ANY OTHER SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION
SERVICES IS PROVIDED ON "AS IS" AND "WHERE IS" BASIS AND WITHOUT ANY
WARRANTY OF ANY KIND.
REGISTRAR AND SERVICE
PROVIDERS EXPRESSLY DISCLAIM ALL WARRANTIES AND / OR CONDITIONS,
EXPRESS OR IMPLIED, INCLUDING, BUT NOT LIMITED TO, THE IMPLIED
WARRANTIES AND CONDITIONS OF MERCHANTABILITY OR SATISFACTORY QUALITY
AND FITNESS FOR A PARTICULAR PURPOSE AND NONINFRINGEMENT OF THIRD PARTY
RIGHTS AND QUALITY/AVAILABILITY OF TECHNICAL SUPPORT.
REGISTRAR
AND SERVICE PROVIDERS ASSUME NO RESPONSIBILITY AND SHALL NOT BE LIABLE
FOR ANY DAMAGES TO, OR VIRUSES THAT MAY AFFECT, YOUR COMPUTER EQUIPMENT
OR OTHER PROPERTY IN CONNECTION WITH YOUR ACCESS TO, USE OF, ORDERBOX
OR BY ACCESSING REGISTRAR SERVERS. WITHOUT LIMITING THE FOREGOING,
REGISTRAR AND SERVICE PROVIDERS DO NOT REPRESENT, WARRANT OR GUARANTEE
THAT (A) ANY INFORMATION/DATA/DOWNLOAD AVAILABLE ON OR THROUGH ORDERBOX
OR REGISTRAR SERVERS WILL BE FREE OF INFECTION BY VIRUSES, WORMS,
TROJAN HORSES OR ANYTHING ELSE MANIFESTING DESTRUCTIVE PROPERTIES; OR
(B) THE INFORMATION AVAILABLE ON OR THROUGH THE ORDERBOX/REGISTRAR
SERVERS WILL NOT CONTAIN ADULT-ORIENTED MATERIAL OR MATERIAL WHICH SOME
INDIVIDUALS MAY DEEM OBJECTIONABLE; OR (C) THE FUNCTIONS OR SERVICES
PERFORMED BY REGISTRAR AND SERVICE PROVIDERS WILL BE SECURE, TIMELY,
UNINTERRUPTED OR ERROR-FREE OR THAT DEFECTS IN THE ORDERBOX WILL BE
CORRECTED; OR (D) THE SERVICE WILL MEET YOUR REQUIREMENTS OR
EXPECTATIONS OR (E) THE SERVICES PROVIDED UNDER THIS AGREEMENT OPERATE
IN COMBINATION WITH ANY SPECIFIC HARDWARE, SOFTWARE, SYSTEM OR DATA. OR
(F) YOU WILL RECEIVE NOTIFICATIONS, REMINDERS OR ALERTS FOR ANY EVENTS
FROM THE SYSTEM INCLUDING BUT NOT LIMITED TO ANY MODIFICATION TO YOUR
ORDER, ANY TRANSACTION IN YOUR ACCOUNT, ANY EXPIRY OF AN ORDER
REGISTRAR
AND SERVICE PROVIDERS MAKES NO REPRESENTATIONS OR WARRANTIES AS TO THE
SUITABILITY OF THE INFORMATION AVAILABLE OR WITH RESPECT TO ITS
LEGITIMACY, LEGALITY, VALIDITY, QUALITY, STABILITY, COMPLETENESS,
ACCURACY OR RELIABILITY. REGISTRAR AND SERVICE PROVIDERS DO NOT
ENDORSE, VERIFY OR OTHERWISE CERTIFY THE CONTENT OF ANY SUCH
INFORMATION. SOME JURISDICTIONS DO NOT ALLOW THE WAIVER OF IMPLIED
WARRANTIES, SO THE FOREGOING EXCLUSIONS, AS TO IMPLIED WARRANTIES, MAY
NOT APPLY TO YOU.
FURTHERMORE, REGISTRAR NEITHER
WARRANTS NOR MAKES ANY REPRESENTATIONS REGARDING THE USE OR THE RESULTS
OF THE ORDERBOX, ORDERBOX SERVERS, REGISTRAR WEBSITE AND ANY OTHER
SOFTWARE / API / SPECIFICATION / DOCUMENTATION / APPLICATION SERVICES
IN TERMS OF THEIR CORRECTNESS, ACCURACY, RELIABILITY, OR OTHERWISE.
22. JURISDICTION & ATTORNEY'S FEES
This
Agreement shall be governed by and interpreted and enforced in
accordance with the laws of India applicable therein without reference
to rules governing choice of laws. Any action relating to this
Agreement must be brought in Mumbai High Court or Court sub-ordinate to
it, situated in Mumbai. Registrar reserves the right to enforce the law
in the Country/State/District where the Registered/Corporate/Branch
Office, or Place of Management/Residence of the Registrant is situated
as per the laws of that Country/State/District.
If
any legal action or other legal proceeding relating to the performance
under this Agreement or the enforcement of any provision of this
Agreement is brought against either Party hereto, the prevailing Party
shall be entitled to recover reasonable attorneys' fees, costs and
disbursements (in addition to any other relief to which the prevailing
Party may be entitled.
23. MISCELLANEOUS
(1)
Any reference in this Agreement to gender shall include all genders,
and words importing the singular number only shall include the plural
and vice versa.
(2) There are no representations,
warranties, conditions or other agreements, express or implied,
statutory or otherwise, between the Parties in connection with the
subject matter of this Agreement, except as specifically set forth
herein.
(3) The Parties shall attempt to resolve any
disputes between them prior to resorting to litigation through mutual
understanding or a mutually acceptable Arbitrator.
(4)
This Agreement shall inure to the benefit of and be binding upon
Registrar and the Registrant as well as all respective successors and
permitted assigns.
(5) Survival: In the event of
termination of this Agreement for any reason, Sections 1, 2, 4, 5, 6,
7, 10, 11, 12, 13, 14, 16, 17, 20, 21, 22, 9, 10, 11, 12, 13, 14, 16,
17, 18, 21, 22, 23, 23(3), 23(5), 23(7), 23(11), 24(2) and all of
Appendix A, and all Sections of Appendix B shall survive.
(6)
This Agreement does not provide and shall not be construed to provide
third parties (i.e. non-parties to this Agreement), with any remedy,
claim, and cause of action or privilege against Registrar.
(7)
The Registrant, Registrar, its Service Providers, Registry Operator,
Resellers, and Customer are independent contractors, and nothing in
this Agreement will create any partnership, joint venture, agency,
franchise, and sales representative or employment relationship between
the parties.
(8) Further Assurances: Each Party
hereto shall execute and/or cause to be delivered to the other Party
hereto such instruments and other documents, and shall take such other
actions, as such other Party may reasonably request for the purpose of
carrying out or evidencing any of the transactions contemplated /
carried out, by / as a result of, this Agreement.
(9)
Construction: The Parties agree that any rule of construction to the
effect that ambiguities are to be resolved against the drafting Party
shall not be applied in the construction or interpretation of this
Agreement.
(10) Entire Agreement; Severability: This
Agreement, which includes Appendix A, Appendix B, Appendix C, Appendix
D, Appendix E, Appendix F, Appendix G, Appendix H constitutes the
entire agreement between the Parties concerning the subject matter
hereof and supersedes any prior agreements, representations,
statements, negotiations, understandings, proposals or undertakings,
oral or written, with respect to the subject matter expressly set forth
herein. If any provision of this Agreement shall be held to be illegal,
invalid or unenforceable, each Party agrees that such provision shall
be enforced to the maximum extent permissible so as to effect the
intent of the Parties, and the validity, legality and enforceability of
the remaining provisions of this Agreement shall not in any way be
affected or impaired thereby. If necessary to effect the intent of the
Parties, the Parties shall negotiate in good faith to amend this
Agreement to replace the unenforceable language with enforceable
language that reflects such intent as closely as possible.
(11)
The division of this Agreement into Sections, Subsections, Appendices,
Extensions and other Subdivisions and the insertion of headings are for
convenience of reference only and shall not affect or be used in the
construction or interpretation of this Agreement.
(12) This agreement may be executed in counterparts.
(13)
Language. All notices, designations, and specifications made under this
Agreement shall be made in the English Language only.
(14)
Dates and Times. All dates and times relevant to this Agreement or its
performance shall be computed based on the date and time observed in
Mumbai, India (IST) i.e. GMT+5:30
24. BREACH
In the event that Registrar suspects breach of any of the terms and conditions of this Agreement:
(1)
Registrar can immediately, without any notification and without
assigning any reasons, suspend / terminate the Registrants access to
the OrderBox Server.
(2) The Registrant will be
immediately liable for any damages caused by any breach of any of the
terms and conditions of this Agreement.
(3)
Registrar can immediately, without any notification and without
assigning any reasons, delete / suspend / terminate / freeze the Order.
25. NOTICE
(1)
Any notice or other communication required or permitted to be delivered
to Registrar under this Agreement shall be in writing unless otherwise
specified and shall be deemed properly delivered when delivered to
contact address specified on the Registrar Website by registered mail
or courier. Any communication shall be deemed to have been validly and
effectively given, on the date of receiving such communication, if such
date is a Business Day and such delivery was made prior to 17:30
(Indian Standard Time) and otherwise on the next Business Day.
(2)
Any notice or other communication required or permitted to be delivered
to the Registrant under this Agreement shall be in writing unless
otherwise specified and shall be deemed properly delivered, given and
received when delivered to contact address of the Registrant in the
OrderBox Database.
(3) Any notice or other
communication to be delivered to any party via email under this
agreement shall be deemed to have been properly delivered if sent in
case of Registrar to its Legal Contact mentioned on the Registrar
Website and in case of the Registrant to their respective email address
in the OrderBox Database.
APPENDIX 'A' TERMS AND CONDITIONS OF OrderBox USAGE
This
Appendix A covers the terms of access to the OrderBox. Any violation of
these terms will constitute a breach of agreement, and grounds for
immediate termination of this Agreement.
1. ACCESS TO OrderBox
(1)
Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION,
temporarily suspend OrderBox Users' access to the OrderBox in the event
of significant degradation of the OrderBox, or at any time Registrar
may deem necessary.
(2) Registrar may in its ABSOLUTE and UNFETTERED SOLE DISCRETION make modifications to the OrderBox from time to time.
(3)
Access to the OrderBox is controlled by authentication information
provided by Registrar. Registrar is not responsible for any action in
the OrderBox that takes place using this authentication information
whether authorized or not.
(4) Registrar is not responsible for any action in the OrderBox by a OrderBox User
(5)
OrderBox User will not attempt to hack, crack, gain unauthorized
access, misuse or engage in any practice that may hamper operations of
the OrderBox including, without Limitation temporary / permanent slow
down of the OrderBox, damage to data, software, operating system,
applications, hardware components, network connectivity or any other
hardware / software that constitute the OrderBox and architecture
needed to continue operation thereof.
(6) OrderBox
User will not send or cause the sending of repeated unreasonable
network requests to the OrderBox or establish repeated unreasonable
connections to the OrderBox. Registrar will in its ABSOLUTE and
UNFETTERED SOLE DISCRETION decide what constitutes as a reasonable
number of requests or connections.
(7) OrderBox User will take reasonable measures and precautions to ensure secrecy of authentication information.
(8)
OrderBox User will take reasonable precautions to protect OrderBox Data
from misuse, unauthorized access or disclosure, alteration, or
destruction.
(9) Registrar shall not be responsible
for damage caused due to the compromise of your Authentication
information in any manner OR any authorized/unauthorized use of the
Authentication Information.
(10) Registrar shall not
be liable for any damages due to downtime or interruption of OrderBox
for any duration and any cause whatsoever.
(11)
Registrar shall have the right to temporarily or permanently suspend
access of a OrderBox User to the OrderBox if Registrar in its ABSOLUTE
and UNFETTERED SOLE DISCRETION suspects misuse of the access to the
OrderBox, or learns of any possible misuse that has occurred, or will
occur with respect to a OrderBox User.
(12)
Registrar and Service Providers reserve the right to, in their sole
discretion, reject any request, network connection, e-mail, or message,
to, or passing through, OrderBox
2. Terms of USAGE OF OrderBox
(1)
Registrant, or its contractors, employees, directors, officers,
representatives, agents and affiliates and OrderBox Users, either
directly or indirectly, shall not use or permit use of the OrderBox,
directly or indirectly, in violation of any federal, state or local
rule, regulation or law, or for any unlawful purpose, or to promote
adult-oriented or "offensive" material, or related to any unsolicited
bulk e-mail directly or indirectly (such as by referencing an OrderBox
provided service within a spam email or as a reply back address), or
related to ANY unsolicited marketing efforts offline or online,
directly or indirectly, or in a manner injurious to Registrar, Registry
Operator, Service Providers or their Resellers, Customers, or their
reputation, including but not limited to the following -
(1) Usenet spam (off-topic, bulk posting/cross-posting, advertising in non-commercial newsgroups, etc.)
(2)
Posting a single article or substantially similar articles to an
excessive number of newsgroups (i.e., more than 2-3) or posting of
articles which are off-topic (i.e., off-topic according to the
newsgroup charter or the article provokes complaints from the readers
of the newsgroup for being off-topic)
(3) Sending
unsolicited mass e-mails (i.e., to more than 10 individuals, generally
referred to as spamming) which provokes complaints from any of the
recipients; or engaging in spamming from any provider
(4)
Offering for sale or otherwise enabling access to software products
that facilitate the sending of unsolicited e-mail or facilitate the
assembling of multiple e-mail addresses ("spamware")
(5)
Advertising, transmitting, linking to, or otherwise making available
any software, program, product, or service that is designed to violate
these terms, including but not limited to the facilitation of the means
to spam, initiation of pinging, flooding, mailbombing, denial of
service attacks, and piracy of software
(6)
Harassment of other individuals utilizing the Internet after being
asked to stop by those individuals, a court, a law-enforcement agency
and/or Registrar
(7) Impersonating another user or
entity or an existing company/user/service or otherwise falsifying
one's identity for fraudulent purposes in e-mail, Usenet postings, on
IRC, or with any other Internet service, or for the purpose of
directing traffic of said user or entity elsewhere
(8)
Using OrderBox services to point to or otherwise direct traffic to,
directly or indirectly, any material that, in the sole opinion of
Registrar, is associated with spamming, bulk e-mail, e-mail harvesting,
warez (or links to such material), is in violation of copyright law, or
contains material judged, in the sole opinion of Registrar, to be
threatening or obscene or inappropriate
(9) Using OrderBox directly or indirectly for any of the below activities activities:
(1) Transmitting Unsolicited Commercial e-mail (UCE)
(2) Transmitting bulk e-mail
(3) Being listed, or, in our sole opinion is about to be listed, in any Spam Blacklist or DNS Blacklist
(4) Posting bulk Usenet/newsgroup articles
(5) Denial of Service attacks of any kind
(6)
Excessive use of any web service obtained under this agreement beyond
reasonable limits as determined by the Registrar in its sole discretion
(7) Copyright or trademark infringement
(8) Unlawful or illegal activities of any kind
(9)
Promoting net abuse in any manner (providing software, tools or
information which enables, facilitates or otherwise supports net abuse)
(10) Causing loss or creating service degradation for other users whether intentional or inadvertent.
(2)
Registrar in its sole discretion will determine what constitutes as
violation of appropriate usage including but not limited to all of the
above.
(3) Data in the OrderBox Database cannot be
used for any purpose other than those listed below, except if explicit
written permission has been obtained from Registrar: -
1. To perform services contemplated under this agreement; and
2. To communicate with Registrar on any matter pertaining to Registrar or its services
(4) Data in the OrderBox Database cannot specifically be used for any purpose listed below :-
1. Mass Mailing or SPAM; and
2. Selling the data
APPENDIX 'B' PAYMENT TERMS AND CONDITIONS
(1) Registrar will accept payment for the Order from the Customer or Resellers
(2)
In the event that a payment made via Credit Card or the payment
instrument sent by the Customer or Reseller bounces due to Lack of
Funds or any other Reason, then
(1) Registrar may immediately suspend OrderBox Users' access to the OrderBox
(2) Registrar has the right to terminate this agreement with immediate effect and without any notice.
(3)
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may delete,
suspend, deny, cancel, modify, take ownership of or transfer any or all
of the Orders placed of the Registrant as well as stop / suspend /
delete / transfer any Orders currently being processed.
(4)
Registrar in its ABSOLUTE and UNFETTERED SOLE DISCRETION may Transfer
all Orders placed by the Registrant to another Customer, or under
Registrar's account.
(5) Registrar in its ABSOLUTE
and UNFETTERED SOLE DISCRETION may levy reasonable additional charges
for the processing of the Charge-back / Payment Reversal in addition to
actual costs of the same.
(6) Registrar shall have the right to initiate any legal proceedings against the Registrant to recover any such liabilities.
APPENDIX 'C' .COM/.NET/.ORG SPECIFIC CONDITIONS
If the Order is a .COM/.NET/.ORG domain name, the Registrant, must also agree to the following terms:
1. PROVISION OF REGISTRATION DATA
As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal
address, e-mail address, voice telephone number, and fax number if
available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain
name;
(4) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
2. DOMAIN NAME DISPUTE POLICY.
You
agree to be bound by the current Uniform Domain Name Dispute Resolution
Policy, available at http://www.icann.org/udrp/udrp.htm that is
incorporated herein and made a part of this Agreement by reference.
APPENDIX 'D' .BIZ SPECIFIC CONDITIONS
If the Order is a .BIZ domain name, the Registrant, must also agree to the following terms:
1. CONDITIONS FOR .BIZ REGISTRATIONS
(1)
Registrations in the .BIZ TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes
of the .BIZ Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS -
(1) To exchange goods, services, or property of any kind;
(2) In the ordinary course of trade or business; or
(3) To facilitate:
(1) the exchange of goods, services, information, or property of any kind; or,
(2) the ordinary course of trade or business.
(2) Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2)
the unsolicited offering to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide business or commercial
use" of that domain name.
2. CERITIFICATION FOR .BIZ REGISTRATIONS
(1)
As a .BIZ domain name Registrant, you hereby certify to the best of
your knowledge that the registered domain name will be used primarily
for bona fide business or commercial purposes and not exclusively for
personal use or solely for the purposes of selling, trading or leasing
the domain name for compensation, or the unsolicited offering to sell,
trade or lease the domain name for compensation. For more information
on the .BIZ restrictions, which are incorporated herein by reference,
please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
(2) The domain name Registrant has the authority to enter into the registration agreement
(3)
the registered domain name is reasonably related to the Registrant's
business or intended commercial purpose at the time of registration.
3. PROVISION OF REGISTRATION DATA.
As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal
address, e-mail address, voice telephone number, and fax number if
available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain
name;
(4) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
4. DOMAIN NAME DISPUTE POLICY.
You
agree to be bound by the dispute policies in the following documents
that are incorporated herein and made a part of this Agreement by
reference.
The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html
The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The
STOP sets forth the terms and conditions in connection with a dispute
between a registrant of a .BIZ domain name with any third party (other
than Registry Operator or Registrar) over the registration or use of a
.BIZ domain name registered by Registrant that is subject to the
Intellectual Property Claim Service. The Intellectual Property Claim
Service a service introduced by Registry Operator to notify a trademark
or service mark holder ("Claimant") that a second-level domain name has
been registered in which that Claimant claims intellectual property
rights. In accordance with the STOP and its associated Rules, those
Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers.
The
UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and any party other than the Registry Operator or
Registrar over the registration and use of an Internet domain name
registered by Registrant.
The RDRP sets forth the
terms under which any allegation that a domain name is not used
primarily for business or commercial purposes shall be enforced on a
case-by-case, fact specific basis by an independent ICANN-accredited
dispute provider. None of the violations of the Restrictions will be
enforced directly by or through Registry Operator. Registry Operator
will not review, monitor, or otherwise verify that any particular
domain name is being used primarily for business or commercial purposes
or that a domain name is being used in compliance with the SUDRP or
UDRP processes.
APPENDIX 'E' .INFO DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .INFO domain name, the Registrant, must also agree to the following terms:
(1)
Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Name Dispute Policy (UDRP) as laid out at
http://www.icann.org/udrp/udrp.htm and comply with the requirements set
forth by Afilias for domain names registered during the Sunrise Period,
including the mandatory Sunrise Dispute Resolution Policy. These
policies are available at http://www.afilias.info. These policies are
subject to modification.
(2) Registrant acknowledges
that Afilias, the registry operator for .INFO, will have no liability
of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush Period,
including, without limitation:
(1) the ability or inability of a registrant to obtain a Registered Name during these periods, and
(2) the results of any dispute over a Sunrise Registration.
APPENDIX 'F' .NAME SPECIFIC CONDITIONS
If the Order is a .NAME domain name, or a .NAME Email Forward, the Registrant, must also agree to the following terms:
1. .NAME REGISTRATION RESTRICTIONS
Domain
Name and Email Forward Registrations in the .NAME TLD must constitute
an individual's "Personal Name". For purposes of the .NAME restrictions
(the "Restrictions"), a "Personal Name" is a person's legal name, or a
name by which the person is commonly known. A "name by which a person
is commonly known" includes, without limitation, a pseudonym used by an
author or painter, or a stage name used by a singer or actor.
2. .NAME CERTIFICATIONS
As
a .NAME domain name or Email Forward Registrant, you hereby certify to
the best of your knowledge that the SLD is your Personal Name.
3. PROVISION OF REGISTRATION DATA
As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes the information
contained in the Whois directory, including:
(1)
full name of an authorized contact person, company name, postal
address, e-mail address, voice telephone number, and fax number if
available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain
name;
(4) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
You
further understand that the foregoing registration data may be
transferred outside of the European Community, such as to the United
States, and you expressly consent to such export.
4. DISPUTE POLICY
You
agree to be bound by the dispute policies in the following documents
that are incorporated herein and made a part of this Agreement by
reference.
(1) the Eligibility Requirements (the
"Eligibility Requirements"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(2)
the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
(3) the Uniform Domain Name Dispute Resolution
Policy (the "UDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm
The
Eligibility Requirements dictate that Personal Name domain names and
Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered:
(1) the Personal Name of an individual;
(2)
the Personal Name of a fictional character, if you have trademark or
service mark rights in that character's Personal Name;
(3)
in addition to a Personal Name registration, you may add numeric
characters to the beginning or the end of your Personal Name so as to
differentiate it from other Personal Names.
The ERDRP applies to challenges to
(1)
registered domain names and SLD email address registrations within
.NAME on the grounds that a Registrant does not meet the Eligibility
Requirements, and
(2) to Defensive Registrations within .NAME.
The
UDRP sets forth the terms and conditions in connection with a dispute
between a Registrant and party other than Global Name Registry
("Registry Operator") or Registrar over the registration and use of an
Internet domain name registered by a Registrant.
5. .NAME EMAIL FORWARD ADDITIONAL CONDITIONS
If the Order is a .NAME email forward, the Registrant, must also agree to the following additional terms and conditions:
(1)
You acknowledge that you are responsible for all use of Email
Forwarding, including the content of messages sent through Email
Forwarding.
(2) You undertake to familiarize
yourself with the content of and to comply with the generally accepted
rules for Internet and email usage.
(3) Without prejudice to the foregoing, you undertake not to use Email Forwarding:
(1)
to encourage, allow or participate in any form of illegal or unsuitable
activity, including but not restricted to the exchange of threatening,
obscene or offensive messages, spreading computer viruses, breach of
copyright and/or proprietary rights or publishing defamatory material;
(2)
to gain illegal access to systems or networks by unauthorized access to
or use of the data in systems or networks, including all attempts at
guessing passwords, checking or testing the vulnerability of a system
or network or breaching the security or access control without the
sufficient approval of the owner of the system or network;
(3)
to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, willful attempts to overload another system or
other forms of harassment; or
(4) for spamming,
which includes, but is not restricted to, the mass mailing of
unsolicited email, junk mail, the use of distribution lists (mailing
lists) which include persons who have not specifically given their
consent to be placed on such a distribution list
(4) Users are not permitted to provide false names or in any other way to pose as somebody else when using Email Forwarding.
(5)
Registry Operator reserves the right to implement additional anti-spam
measures, to block spam or mail from systems with a history of abuse
from entering Registry Operator's Email Forwarding.
(6)
On discontinuing Email Forwarding, Registry Operator is not obliged to
store any contents or to forward unsent email to you or a third party.
APPENDIX 'G' .NAME DEFENSIVE REGISTRATIONS SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
1. DEFENSIVE REGISTRATIONS
Defensive
Registrations allow owners of nationally registered marks to
exclusively pre-register on the .NAME space and create a protective
barrier for their trademarks. A "Defensive Registration" is a
registration granted to a third party of a specific string on the
second or third level, or of a specific set of strings on the second
and third levels, which will not resolve within the domain name system
but may prevent the registration of the same string(s) on the same
level(s) by other third party applicants.
2. PHASES OF DEFENSIVE REGISTRATIONS
(1)
As a Defensive Registration Registrant ("Defensive Registrant"), you
hereby certify to the best of your knowledge that for Phase I Defensive
Registrations ("Phase I Defensive Registrants"), you own valid and
enforceable trademark or service mark registrations having national
effect that issued prior to April 16, 2001 for strings that are
identical to the textual or word elements, using ASCII characters only,
subject to the same character and formatting restrictions as apply to
all registrations in the Registry TLD. You understand that trademark or
service mark registrations from the supplemental or equivalent Registry
of any country, or from individual states or provinces of a nation,
will not be accepted. Subject to the same character and formatting
restrictions as apply to all registrations in the Registry TLD, if a
trademark or service mark registration incorporates design elements,
the ASCII character portion of that mark may qualify to be a Phase I
Defensive Registration.
(2) Phase II Defensive Registrants may apply for a Defensive Registration for any string or combination of strings.
(3)
Defensive Registrants, whether Phase I or Phase II shall comply with
the following Eligibility Requirements, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(1) There are two levels of Defensive Registrations, each of which is subject to payment of a separate fee;
(2)
Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee;
(3) The Defensive Registrant must provide the information requested in Section 3(i) below;
(4)
A Defensive Registration will not be granted if it conflicts with a
then-existing Personal Name Registration or other reserved word or
string.
3. PROVISION OF REGISTRATION DATA
As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. You must provide contact information, including
name, email address, postal address and telephone number, for use in
disputes relating to the Defensive Registration. You understand and
agree that this contact information will be provided as part of the
Whois record for the Defensive Registration. You further understand
that the foregoing registration data may be transferred outside of the
European Community, such as to the United States, and you expressly
consent to such export.
In addition to the information provided in subsection (i) above, Phase I Defensive Registrants must also provide
(1) the name, in ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued;
(3) the country of registration; and
(4) the registration number or other comparable identifier used by the registration authority
4. DISPUTE POLICY
If you registered a Defensive Registration, you agree that:
(1)
the Defensive Registration will be subject to challenge pursuant to the
Eligibility Requirements Dispute Resolution Policy ("ERDRP");
(2)
if the Defensive Registration is successfully challenged pursuant to
the ERDRP, the Defensive Registrant will pay the challenge fees; and
(3)
if a challenge is successful, then the Defensive Registration will be
subject to the procedures described in Section 2(h) of Appendix L to
the agreement of Global Name Registry ("Registry Operator") with the
Internet Corporation for Assigned Names and Numbers ("ICANN"),
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm
(4)
if a Phase I Defensive Registration is successfully challenged on the
basis that it did not meet the applicable Eligibility Requirements, the
Defensive Registrant will thereafter be required to demonstrate, at its
expense, that it meets the Eligibility Requirements for Phase I
Defensive Registrations for all other Phase I Defensive Registrations
that it registered within .NAME through any Registrar. In the event
that the Defensive Registrant is unable to demonstrate the foregoing
with respect to any such Phase I Defensive Registration(s), those
Defensive Registration(s) will be cancelled.
(5) The
ERDRP applies to, among other things, challenges to Defensive
Registrations within .NAME and is available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
5. CONSENT
Defensive
Registrants may be asked to give their consent to allow individuals to
share a part of their space. For example, if you have filed a Defensive
Registration on PQR (which blocks out ANYSTRING.PQR.name and
PQR.ANYSTRING.name), you may be asked to give consent to John Pqr to
register JOHN.PQR.name if he can prove that PQR is his name. In such a
circumstance, you will have five (5) days to respond to a request for
consent.
APPENDIX 'H' .US DOMAIN NAME SPECIFIC CONDITIONS
If the Order is a .NAME Defensive Registration, the Registrant, must also agree to the following terms:
1. REPRESENTATIONS AND WARRANTIES
You represent and certify that, to the best of your knowledge and belief
(1)
neither the registration of the domain name nor the manner in which it
is directly or indirectly used infringes the legal rights of any third
party
(2) you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder,
(3) you have and shall continue to have a lawful bona fide U.S. Nexus as defined in the "usTLD Nexus Requirements" ,
(4) you are of legal age to enter into this Agreement, and
(5) you agree to comply with all applicable laws, regulations and policies of the usTLD Administrator.
2. PROVISION OF REGISTRATION DATA
As
part of the registration process, you are required to provide us with
certain information and to update this information to keep it current,
complete and accurate. This information includes:
(1)
full name of an authorized contact person, company name, postal
address, e-mail address, voice telephone number, and fax number if
available of the Registrant;
(2) the primary nameserver and secondary nameserver(s), if any for the domain name;
(3)
the full name, postal address, e-mail address, voice telephone number,
and fax number if available of the technical contact for the domain
name;
(4) the full name, postal address, e-mail
address, voice telephone number, and fax number if available of the
administrative contact for the domain name;
(5) the
name, postal address, e-mail address, voice telephone number, and fax
number if available of the billing contact for the domain name; and
(6)
any other data NeuStar, as the Registry, requires be submitted to it,
including specifically information regarding the primary purpose for
which a domain name is registered (e.g., business, education, etc.).
3. GOVERNMENT USE OF DATA
You
understand and agree that the U.S. Government shall have the right to
use, disclose, reproduce, prepare derivative works, distribute copies
to the public, and perform publicly and display publicly, in any manner
and for any purpose whatsoever and to have or permit other to do so,
all Data provided by Registrant. "Data" means any recorded information,
and includes without limitation, technical data and computer software,
regardless of the form or the medium on which it may be recorded.
4. DOMAIN DISPUTE POLICY
You
agree to submit to proceedings under Domain Dispute policies set forth
by Neustar. These policies are available at http://www.neustar.us and
are hereby incorporated and made an integral part of this Agreement.
5. SUSPENSION, CANCELLATION OR TRANSFER
Your registration of the domain name shall be subject to suspension, cancellation, or transfer -
(1)
pursuant to any usTLD Administrator adopted specification or policy, or
pursuant to any registrar or usTLD Administrator procedure not
inconsistent with a usTLD Administrator adopted specification or
policy, or
(2) to correct mistakes by Registrar or the usTLD Administrator in registering the name or
(3) for the resolution of disputes concerning the domain name.
APPENDIX 'I' .IN DOMAIN NAME SPECIFIC CONDITIONS
If
the Order is a .IN domain name, you agree to be bound by the dispute
policies as decided by the .IN Registry and puiblished at
http://www.registry.in that are incorporated herein and made a part of
this Agreement by reference.
|