DOMAIN REGISTRANT AGREEMENT
This Domain Registrant Agreement (hereinafter referred to
as the "Agreement") between you ("you", "your" or
"Registrant") and the Registrar of the Domain Name, or
.NAME Defensive Registration, or .NAME Mail Forward (the
"Order") that you have registered/reserved through or
transferred to Registrar, sets forth the terms and
conditions of Registrar's domain name registration service
and other associated services as described herein.
If you are entering into this agreement on behalf of a
company or other legal entity, you represent that you have
the authority to bind such entity to these terms and
conditions, in which case the terms "you", "your" and
"Registrant" shall refer to such entity.
This Agreement explains our obligations to you, and your
obligations to us in relation to each Domain Name, or .NAME
Defensive Registration, or .NAME Mail Forward that you have
registered/reserved through or transferred to Registrar
("Order"), directly or indirectly, whether or not you have
been notified about Registrar.
This Agreement will become effective when the term of your
Order begins with Registrar and will remain in force until
the Order remains as an active Order with Registrar.
Registrar may elect to accept or reject the Order
application for any reason at its sole discretion, such
rejection including, but not limited to, rejection due to a
request for a prohibited Order.
WHEREAS, Registrar is authorized to provide Internet
registration and management services for 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 authorised representative, agent, contractee,
employee of the Registrant upon receiving authorization in
any form as maybe prescribed by Registrar from time to time
(3) to the Customer, Resellers, Service Providers and
Registry Operator
(4) to anyone performing a Whois Lookup for the Order
(3) Registrar in its own discretion can at any point of
time with reasonable notification temporarily or
permanently cease to sell any Registrar Products
(4) Registrar and the Registry Operator, in their sole
discretion, expressly reserve the right to deny any Order
or cancel an Order within 30 days of processing the same.
In such case Registrar may refund the fees charged for the
Order, after deducting any processing charges for the same.
(5) 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 contactors,
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 eligbility criterias set
forth in the various appendices as well as in any of the
external URLs referenced within the appendices
(3) Any such revision or change will be binding and
effective immediately on posting of the revision on the
Registrar Website or the corresponding URL referenced in
this Agreement
(4) The Registrant agrees to review the Registrar Website
and all other URLs referenced in this Agreement,
periodically, to be aware of any such revisions
(5) The Registrant agrees that, continuing use of the
services under this Agreement following any revision, will
constitute as an acceptance of any such revisions or
changes
(6) The Registrant acknowledges that if the Registrant does
not agree to any such modifications, the Registrant may
terminate this Agreement within 30 days of such revision.
In such circumstance Registrar will not refund any fees
paid by the Registrant.
16. PUBLICITY
The Registrant shall not create, publish, distribute, or
permit any written / Oral / electronic material that makes
reference to us or our Service Providers or uses any of
Registrar's registered Trademarks / Service Marks or our
Service Providers' registered Trademarks / Service Marks
without first submitting such material to us and our
Service Providers and receiving prior written consent.
The Registrant gives Registrar the right to use the
Registrant names in marketing / promotional material with
regards to Registrar Products to Visitors to the Registrar
Website, Prospective Clients and existing and new
customers.
17. TAXES
The Registrant shall be responsible for sales tax,
consumption tax, transfer duty, custom duty, octroi duty,
excise duty, income tax, and all other taxes and duties,
whether international, national, state or local, however
designated, which are levied or imposed or may be levied or
imposed, with respect to this Agreement and the Registrar
Products.
18. FORCE MAJEURE
Neither party shall be liable to the other for any loss or
damage resulting from any cause beyond its reasonable
control (a "Force Majeure Event") including, but not
limited to, insurrection or civil disorder, riot, war or
military operations, national or local emergency, acts or
directives or omissions of government or other competent
authority, compliance with any statutory obligation or
executive order, strike, lock-out, work stoppage,
industrial disputes of any kind (whether or not involving
either party's employees), any Act of God, fire, lightning,
explosion, flood, earthquake, eruption of volcano, storm,
subsidence, weather of exceptional severity, equipment or
facilities breakages / shortages which are being
experienced by providers of telecommunications services
generally, or other similar force beyond such Party's
reasonable control, and acts or omissions of persons for
whom neither party is responsible. Upon occurrence of a
Force Majeure Event and to the extent such occurrence
interferes with either party's performance of this
Agreement, such party shall be excused from performance of
its obligations (other than payment obligations) during the
first six months of such interference, provided that such
party uses best efforts to avoid or remove such causes of
non performance as soon as possible.
19. ASSIGNMENT / SUBLICENSE
Except as otherwise expressly provided herein, the
provisions of this Agreement shall inure to the benefit of
and be binding upon, the successors and assigns of the
Parties; provided, however, that any such successor or
assign be permitted pursuant to the Articles, Bylaws or
policies of Registrar.
The Registrant shall not assign, sublicense or transfer its
rights or obligations under this Agreement to any third
person/s except as provided for in Section 8 (REGISTRANT -
REGISTRANT TRANSFER) or with the prior written consent of
Registrar.
Registrant agrees that if Registrant licenses the use of
the Order to a third party, the Registrant nonetheless
remains the Registrant of record, and remains responsible
for all obligations under this Agreement.
20. NO GUARANTY
The Registrant acknowledges that registration or
reservation of the Order does not confer immunity from
objection to the registration, reservation, or use of the
Order.
21. DISCLAIMER
THE 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 lossage or creating service degradation for
other users whether intentional or inadvertent.
(2) Registrar in its sole discretion will determine what
constitutes as violation of appropriate usage including but
not limited to all of the above.
(3) Data in the 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.