Domain Registration Agreement
This Registration Agreement ("Agreement") sets forth the terms and conditions of the use of this website's domain name registration services to register an Internet domain name, as well as the registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement (for .biz, .com, .info, name ,net, and .org domain names), the appropriate Agreements for Country codes (ccTLDs) .bz, .cc, .nu, .tv, .ws domain name registrations, the accompanying appropriate dispute policies and any registration rules or policies that are or may be published from time to time by this site, the Internet Corporation for Assigned Names and Numbers ("ICANN") and/or the Registry Administrators, Network Solutions, Inc. TV Corporation International, Global Names Registry Ltd. and Global Domains International ("Registry Administrators"). Submission of your domain name registration constitutes acceptance of all the terms and conditions contained and referenced herein.
This Agreement will become effective when accepted by the ICANN registrar at its offices in Vancouver, Washington. Registrar may elect to accept or reject your domain name registration application for any reason at its sole discretion, such rejection including, but not limited to, rejection due to a request for registration of a prohibited domain name. For the adjudication of disputes concerning or arising from use of the SLD name, the SLD holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the SLD holder's domicile and (2) where Registrar is located.
DomainServicesUSA.com, WWWRegistration.com & WebtownUSA.com are wholly owned subsidiary of HSN Data Corp., a Florida corporation. HSN Data Corp. is an authorized provider for an accredited registrar with ICANN. Registrar will act as registrar for entities applying to register a domain name under .biz,.com, .info, .names, .net,, .org, top Level Domains ("TLD"s) and various ccTLDs. According to the terms and conditions of our agreement with ICANN, your acceptance of these terms and conditions constitutes acceptance of changes that may be made to this agreement as necessary to comply with Registrar's agreement with ICANN or any other business purpose. All domain name registrations for .biz,.com, .info., .name, .net, .org TLDs and all ccTLDs are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the Respective TLDs, as applicable, and the registry administrator(s) put into effect your domain name registration.
You agree and acknowledge that Registrar is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Administrator(s) arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the Registry Administrator(s) and their directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration.
As consideration for the domain name registration services provided by Registrar you agree to pay Registrar, prior to the effectiveness of the desired domain name registration, all applicable initial registration and renewal fees. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Registrar reserves the right to change fees, surcharges, and renewal fees or to institute new fees at any time, for any reason, at its sole discretion. Your requested domain name will not be registered until Registrar receives actual payment of the registration, renewal and reinstatement fees as applicable. In the event of a charge back by a credit card company (or similar action by another payment provider allowed by us) in connection with the payments of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to Registrar as the paying entity for that registration to the registry(ies) and that we reserve all rights regarding such domain name including, without limitation, the right to make the domain name available to other parties for purchase. We will reinstate your domain name registration solely at our discretion, and subject to our receipt of the initial registration or renewal fee and any reinstatement fees we may charge.
You are solely responsible for ensuring that the services are renewed. You may renew your domain name at any time before the expiration date. Registrar shall have no liability to you or any third party in connection with the renewal, including, but not limited to, any failure or errors in renewing the services.
If you paid for services provided hereunder by means other than credit card, you will be notified at Registrar's sole discretion when renewal fees are due. Should these fees go unpaid within the time specified in a notice or reminder regarding renewal, your registration will be cancelled. Payment must be made by credit card or such other method as we may indicate in the registration application or renewal form. We will renew your name for you provided your credit card or other billing information is available and up to date, unless you instruct us otherwise within the time specified. If your billing information is not accurate and you wish to renew your domain name registration, we will contact you to update this information and charge you accordingly.
Auto renewal Policy
You agree that if you paid for any services provided hereunder by credit card, Registrar is authorized, but not obligated, to automatically charge your credit card and renew the applicable service(s) on or before their renewal date using the credit card information you have provided to us, unless you notify us that you do not wish to participate in our automatic renewal process. Notification of your intent not to renew (opt-out) must be provided to Registrar no earlier than thirty (30) days prior to renewal date or on renewal date. In the absence of such notification from you, Registrar will automatically renew, for a period of one year, any domain name that is up for renewal and will charge the credit card you have on file with Registrar, at Registrar's then current rates. You are solely responsible for the credit card information you provide to Registrar and must promptly inform Registrar of any changes thereto (e.g., change of expiration date or account number) If the credit card has expired or is otherwise invalid, we will notify you of this fact and give you an opportunity to provide us with a valid credit card or other reasonable assurance of payment (such reasonable assurance as determined by Registrar in its sole discretion). If no such information is provided prior to the expiration date of the domain name, your registration will not be renewed.
You agree to be bound by the appropriate. Domain Name Dispute Policy ("Dispute Policy(ies)"), which are hereby incorporated and made a part of this Agreement by reference. The Dispute Policy(ies) can be found here. These policy(ies) have been developed by ICANN and/or the specific Registration Administrator(s) and are a required component of every registration agreement. Certain disputes, as specified in the Dispute Policy(ies), are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy(ies) in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the Dispute Policy(ies). Registrar may modify the Dispute Policy(ies) at its sole discretion at any time. Your continued use of the domain name registered to you after any such Dispute Policyies) modification shall constitute your acceptance of this Agreement and the modified Dispute Policy(ies). If you do not agree to any of such changes, you may request that your domain name registration be cancelled or transferred to a different domain name registrar. You agree that such cancellation or request for transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement or the Dispute Policy(ies).
You agree to indemnify, defend, and hold harmless ICANN, Registrar, Registry Administrator(s) and their respective directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or related to your domain name registration and any disputes regarding same.
Change of Ownership
The entity named as the authorized contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to the effectiveness of any transfer of ownership of your domain name to another entity, you will pay Registrar the then-current amount set forth by Registrar for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name shall agree in writing to be bound by all terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from some other entity (such reasonable assurance as determined by Registrar in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying Registrar the then-current amount set by Registrar for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.
Modifications to agreement
Except as otherwise provided in this Agreement, you agree, during the term of this Agreement, that we may: (1) revise the terms and conditions of this Agreement; and/or (2) change part of the services provided under this Agreement at any time. Any such revision or change will be binding and effective immediately upon posting of the revised Agreement or change to the service(s) on Registrar's Web sites, or upon notification to you by e-mail or United States mail. You agree to periodically review our Web sites, including the current version of this Agreement available on our Web sites, to be aware of any such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by e-mail or United States mail addressed as follows, Attention: Customer Support, 11807 N.E. 99th Street, Suite 1100, Vancouver, Washington, 98682. Notice of your termination will be effective on receipt and processing by us. Any fees paid by you if you terminate your Agreement with us are nonrefundable, but you will not incur any additional fees. By continuing to use Registrar services after any revision to this Agreement or change in service(s), you agree to abide by and be bound by any such revisions or changes. We are not bound by nor should you rely on any representation by (i) any agent, representative or employee of any third party that you may use to apply for our services; or in (ii) information posted on our Web site of a general informational nature. No employee, contractor, agent or representative of Registrar is authorized to alter or amend the terms and conditions of this Agreement.
Transfer to another Registrar
You agree that you may not transfer your domain name registration to another domain name registrar during the first sixty (60) days from the effective date of your initial domain name registration with Registrar. You agree to provide written authorization to Registrar for the transfer of the domain name to another registrar and agree to pay any and all fees that may be charged by Registrar to effect the transfer. Your request to transfer to another registrar may be denied in situations described in the Dispute Policy, including, but not limited to: a dispute over the identity of the domain name holder; bankruptcy; and default in the payment of any fees.
Required Domain Name Registration Information and Its Use
You are required to submit and keep current the following information, as part of the registration process. This information must be current, complete and accurate.
- Your name and postal address (or if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and
- The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name.
Upon renewal of your domain name registration, the type of information you are required to provide may have changed. If you do not wish to provide the new required information, you agree and acknowledge that your registration may not be renewed.
All other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to domain name registrants by us, other than registration of the domain name.
Registrar maintains additional information relating to your domain name registration. This information may include:
- The original creation date of the registration;
- The submission date and time of the registration application to us and by us to the proper registry;
- Communications (electronic or paper form) constituting registration orders, modifications, or terminations and related correspondence between you and us;
- Records of account for your domain name registration, including dates and amounts of all payments and refunds;
- The IP addresses of the primary nameserver and any secondary nameservers for the domain name; The corresponding names of those nameservers;
- The name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact for the domain name;
- The name, postal address, e-mail address, voice telephone number, and where available, fax number of the zone contact for the domain name;
- The expiration date of the registration;
- Information regarding all other activity between you and us regarding your domain name registration and related services.
In the event that, in registering the domain name, you are providing information about a third party, you hereby represent that you have (a) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (b) that you have obtained that third party's express consent to the disclosure and use of that party's information as set forth in this Agreement.
You acknowledge that willfully providing inaccurate information or willfully failing to update information promptly will constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration. You further agree that your failure to respond for over fifteen (15) calendar days to inquiries by Registrar, concerning the accuracy of contact details associated with your registration shall constitute a material breach of this Agreement and will be sufficient basis for cancellation of your domain name registration.
You agree and acknowledge that Registrar will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Administrator(s), and to other third parties as ICANN, the Registry Administrator(s), and applicable laws may require or permit. You further agree and acknowledge that Registrar may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection or for targeted marketing and other purposes as required or permitted by ICANN, the Registry Administrator(s), and applicable laws.
Additionally, you acknowledge that ICANN and the Registry Administrator(s) may establish guidelines, limits and/or requirements that relate to the amount and type of information that Registrar may or must make available to the public or to private entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by Registrar.
You may access your domain name registration information in Registrar's possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available at our Web site.
Registrar will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations described in this Agreement.
Registrar will take reasonable precautions to protect the information it obtains from you from our loss, misuse, unauthorized access; or disclosure, alteration or destruction of that information.
Ownership of Data
You agree and acknowledge that Registrar owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that Registrar owns the following information for those registrations for which we are the registrar: (a) the original creation date of the registration, (b) the expiration date of the registration, (c) the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, authorized contact, zone contact and billing contact for the domain name registration, (d) any remarks concerning the registered domain name that appear or should appear in the WHOIS or similar database, and (e) any other information Registrar generates or obtains in connection with the provision of domain name registration services, other than the domain name being registered, the Internet protocol (IP) addresses of the primary nameserver and any secondary nameservers for the domain name, and the corresponding names of those nameservers. Registrar does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database.
Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you have the authority to nonetheless bind that person as a principal to all terms and conditions provided herein, including the Dispute Policy.
You agree that if you license the use of the domain name registered to you to a third party, you nonetheless remain the domain name holder of record, and remain responsible for all obligations under this Agreement, including but not limited to payment obligations, and providing (and updating, as necessary) both your own full contact information, and accurate technical, authorized, billing and zone contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name and domain name registration.
An SLD holder licensing use of an SLD according to this provision shall accept liability for harm caused by wrongful use of the SLD, unless it promptly discloses the identity of the licensee to a party providing the SLD holder reasonable evidence of actionable harm.
Limitation of Liability
YOU AGREE THAT Registrar WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND Registrar'S REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. Registrar ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED, OR OTHERWISE, EVEN IF Registrar HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION OF LIABILITY FOR DAMAGES, AS CONTAINED HEREIN; IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT SHALL Registrar'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME.
Indemnification of Registrar.
You agree to defend, indemnify and hold harmless Registrar for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy.
Representations and Warranties
You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate.
ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, Registrar MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU.
Breach and Revocation
Registrar reserves the right to suspend, cancel, transfer or modify your domain name registration in the event (a) you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by Registrar (b) you use the domain name registered to you to send unsolicited commercial advertisements in contradiction to either applicable laws or customary acceptable usage policies of the Internet, (c) you use your domain name in connection with unlawful activity, or (d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in this Agreement.
You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including Registrar) or registry administrator(s) procedures approved by an ICANN-adopted policy, or by any other TLD registry administrator procedures as the case may be, (a) to correct mistakes by Registrar, another registrar or the registry administrator in administering the name or (b) for the resolution of disputes concerning the domain name.
You also agree that Registrar shall have the right in its sole discretion to suspend, cancel, transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written notice and after such time as Registrar receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation, transfer or modification of the domain name registration.
Registrar will abide by any ICANN or Registry Administrator (s) adopted policy prohibiting or restricting warehousing of or speculation in domain names by registrars. Registrar reserves the right to refuse to register multiple domain name registrations.
Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the State of Washington, as if the Agreement was a contract wholly entered into and wholly performed within the State of Washington. Except as otherwise set forth in the Dispute Policy(ies) with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the Registrar.com site shall be brought exclusively in the Superior Court in Cowlitz County, Washington, or if there is no jurisdiction in such court, then in the United States District Court for the Western District of Washington in Tacoma.
You agree that any notices required to be given under this Agreement by Registrar to you will be deemed to have been given if delivered in accordance with the contact information you have provided.
Additional Registry Requirements
Listed below are additional contractual requirements that you the registrant must agree to should you desire to register a domain name in these registries.
A. (.INFO) Should you seek to registrar a .INFO second level domain name, registrant must contractually agree to the following terms:
1. Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's Personal Data by Afilias, the .INFO Registry Operator, and its designees and
agents in a manner consistent with the purposes specified pursuant in its contract.
2. Registrant agrees to submit to proceedings under ICANN's Uniform Domain Name Dispute Policy (UDRP) and comply with the requirements set forth by Afilias for domain names registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution Policy. These policies are subject to modification.
3. Registrant agrees to immediately correct and update the registration information for the Registered Name during registration term for the Registered Name, failure to correct this information shall constitute a breach of this Agreement.
4. Registrant acknowledges that Afilias, the registry operator for .INFO, will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute over a Sunrise Registration.
5. Registrar and Afilias, the registry operator for .INFO, expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of Registrar and/or Afilias as well as their affiliates, subsidiaries, officers, directors and employees. Registrar and Afilias also reserve the right to freeze a domain name during resolution of a dispute
B. (.BIZ) Should you seek to register a .BIZ second level domain name, registrant must contractual agree to the following terms:
1. BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended to be used primarily for bona fide business or commercial purposes. For purposes of the .biz Registration Restrictions ("Restrictions"), "bona fide business or commercial use" shall mean the bona fide use or bona fide intent to use the domain name or any content, software, materials, graphics or other information thereon, to permit Internet users to access one or more host computers through the DNS:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services, information, or
property of any kind; or, (ii) the ordinary course of trade or business.
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. BIZ CERTIFICATION. As a .biz domain name registrant, you hereby certify to the best of your knowledge that:
(a) The registered domain name will be used primarily for bona fide
business or commercial purposes and not (i) exclusively for personal use; or
(ii) solely for the purposes of (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. For more information on the .biz
restrictions, which are incorporated herein by reference, please see:
(b) The domain name registrant has the authority to enter into the
registration agreement; and
(c) 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.
3.1. 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 (i) your full name, postal address, e mail address, voice telephone number, and fax number if available; (ii) the name of an authorized person for contact purposes in the case of a registrant that is an organization, association, or corporation; (iii) the IP addresses of the primary nameserver and any secondary nameserver(s) for the domain name; (iv) the corresponding names of those nameservers; (v) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the technical contact for the domain name; (vi) the full name, postal address, e-mail address, voice telephone number, and fax number if available of the administrative contact for the domain name; (vii) the name, postal address, e-mail address, voice telephone number, and fax number if available of the billing contact for the domain name; and (viii) any remark concerning the registered domain name that should appear in the Whois directory. You agree and understand that the foregoing registration data will be publicly available and accessible on the Whois directory as required by ICANN/Registry Policy and may be sold in bulk in accordance with the ICANN Agreement.
3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or any failure to respond for over five calendar days to our inquiries addressed to the e-mail address of the administrative, billing or technical contact then appearing in the Whois directory with respect to an domain name concerning the accuracy of contact details associated with any registration(s) or the registration of any domain name(s) registered by or through you or your account, shall constitute a breach of this Agreement. Any information collected by us concerning an identified or identifiable natural person ("Personal Data") will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
4. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a .biz domain name through us, you agree to be bound by our current domain name dispute policy that is incorporated herein and made a part of this Agreement by reference. Please take the time to familiarize yourself with that policy. In addition, you hereby acknowledge that you have read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between a registrant of a .biz domain name ("Registrant") with any third party (other than Registry Operator or Registrar) over the registration or use of a .biz domain name registered by Registrant that is subject to the Intellectual Property Claim Service. The Intellectual Property Claim Service a service introduced by Registry Operator to notify a trademark or
service mark holder ("Claimant") that a second-level domain name has been registered in which that Claimant claims intellectual property rights. In accordance with the STOP and its associated Rules, those Claimants will have the right to challenge registrations through independent ICANN-accredited dispute resolution providers. The UDRP sets forth the terms and conditions in connection with a dispute between a Registrant and any party other than the Registry Operator or Registrar over the registration and use of an Internet domain name registered by Registrant. The 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.
5. DOMAIN NAME DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion, may modify our dispute policy. We will post any such revised policy on our Web site at least thirty (30) calendar days before it becomes effective. You agree that, by maintaining the reservation or registration of your domain name after modifications to the dispute policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
6. DOMAIN NAME DISPUTES. You agree that, if your use of our domain name registration services is challenged by a third party, you will be subject to the provisions specified in our dispute policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions set forth below in this Agreement. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until (i) we are directed to do so by the judicial or administrative body, or (ii) we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled. Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
7. RESERVATION OF RIGHTS. [Registrar] and the .biz Registry Operator, NeuLevel, Inc. expressly reserve the right to deny, cancel or transfer any registration that it deems necessary, in its discretion, to protect the integrity and stability of the registry, to comply with any applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or criminal, on the part of [Registrar] and/or NeuLevel, Inc., as well as thier affiliates, subsidiaries, officers, directors and employees. [Registrar] and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
ADDITIONAL TERMS APPLICABLE TO SERVICES IN CONNECTION WITH .NAME TLD
1. Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
2. Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Name Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm. Without limiting the foregoing, you agree that (i) every Defensive Registration is subject to challenge pursuant to the ERDRP; (ii) if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees; (iii) if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and (iv) if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder 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 the Defensive Registration Holder is unalbe to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.
3. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor Network Solutions shall have any liability of any kind for any loss or liability resulting from (i) the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain e-mail address registration (an "SLD E-mail Address"), a Defensive Registration, or a NameWatch Registration using the services provided by Network Solutions or the .name registry; or (ii) any dispute over any Registered Name, SLD E-mail Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
This Agreement and the Dispute Policy, together with all modifications, constitute the complete and exclusive agreement between you and Registrar, and supersede and govern all prior proposals, agreements, or other communications.
Nothing contained in this Agreement shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties. The failure of Registrar. to require your performance of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by Registrar of a breach of any provision hereof be taken or held to be a waiver of the provision itself. In the event that any provision of this Agreement shall be unenforceable or invalid under any applicable law or be so held by applicable court decision, such unenforceability or invalidity shall not render this Agreement unenforceable or invalid as a whole. Registrar will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of Registrar. as reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document signed by both you and an authorized representative of Registrar.