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bulkdomains.com is a strategic partner with Enom.com, one of the
leading ICANN accredited registrars. We have been a wholesale partner
working with Enom.com for nearly two years beta testing and implementing many of their new
innovative domain management tools and free features. The
bulkdomains.com group of branded sites is Enom's leading reseller
partner in two categories of private label solutions - Registry Rocket -
private label scripting link (which is used as the "Express Account"
domain registration on our site) and Sub Account Set-up Feature (which is
the Wholesale Plus Account).
ENOM,
INC. REGISTRATION AGREEMENT
This Registration Agreement
("Agreement") sets forth the terms and conditions of your use of eNom,
Inc.'s ("eNom") domain name registration services to register an Internet
domain name, your registration of that domain name, as well as other eNom
domain name related services. In this Agreement "you" and "your" refer to
each customer and "we", "us" and "our" refer to eNom. This Agreement
explains our obligations to you, and explains your obligations to us for
various eNom services. By selecting our service(s) you have agreed to
establish an account with us for such services. When you use your account
or permit someone else to use it to purchase or otherwise acquire access
to additional eNom service(s) or to cancel your eNom service(s) (even if
we were not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided by eNom under this
Agreement, you acknowledge that you have read and agree to be bound by all
terms and conditions of this Agreement, the accompanying dispute policy
and any pertinent rules or policies that are or may be published by eNom.
This Agreement will become
effective when accepted by eNom. eNom may elect to accept or reject your
domain name registration application for any reason at its sole
discretion, such rejection including, but not limited to, rejection due to
a request for registration of a prohibited domain name.
1. Our Services:
eNom is an accredited
registrar with the Internet Corporation for Assigned Names and Numbers
("ICANN") for Top Level Domain Names (TLDs), currently .com, .net and
.org. ICANN oversees registrations and other aspects of the TLDs. As an
accredited domain name registrar, eNom is, upon accepting your domain name
registration application, your sponsor for that application. All domain
name registrations we register for TLDs are not effective until we have
delivered the domain name registration information you provide us to the
registry administrator for the TLDs, as applicable, and the registry
administrator puts into effect your domain name registration. Currently,
the registry administrator for the .com, .net and .org TLDs is Network
Solutions, Inc.
You agree and acknowledge
that eNom is not liable or responsible in any way for any errors,
omissions or any other actions by the registry administrator arising out
of or related to your application and receipt of, or failure to receive, a
domain name registration.
You further agree to
indemnify, defend and hold harmless the registry administrator and its
directors, officers, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including any direct,
indirect, incidental, special or consequential damages and reasonable
legal fees and expenses) arising out of, or related to, your domain name
registration.
2. What We Do Not Do:
We cannot and do not check
to see whether the domain name you select, or the use you make of the
domain name, infringes legal rights of others. We urge you to investigate
to see whether the domain name you select or its use infringes legal
rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware
that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should also be aware that if we
are sued or threatened with lawsuit in connection with your domain name,
we may turn to you to hold us harmless and to indemnify us.
3. Fees:
As consideration for
the domain name registration services and/or other services provided by
eNom to you, you agree to pay eNom, prior to the effectiveness of the
desired domain name registration, the applicable service(s) fees for the
initial registration of the domain name and, should you choose to renew
the registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if your domain name registration
is suspended, cancelled or transferred prior to the end of your then
current registration term. Your requested domain name will not be
registered unless we receive actual payment of the registration fee, or
reasonable assurance of payment of the registration fee from some other
entity (such reasonable assurance as determined by eNom in its sole
discretion). As further consideration for the eNom service(s), you agree
to: (1) provide certain current, complete and accurate information about
you as required by the registration process and (2) maintain and update
this information as needed to keep it current, complete and accurate. All
such information shall be referred to as account information ("Account
Information"). In the event of a charge back by a credit card company (or
similar action by another payment provider allowed by us) in connection
with the payments of the registration fee for your domain name
registration, you agree and acknowledge that the domain name registration
shall be transferred to eNom as the paying entity for that registration to
the registry. We will reinstate your domain name registration solely at
our discretion, and subject to our receipt of the initial registration or
renewal fee and our then-current reinstatement fee, currently set at
US$200. For more information, please
click here. You
will be notified via an email message or via your account information when
renewal fees are due. Should these fees go unpaid within the time
specified in a second notice or reminder regarding renewal, 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.
4. Disclaimer and Domain Name Dispute Policy:
If you request,
reserved or registered a domain name through us, or transferred a domain
name to us from another registrar, you agree to be bound by eNom's current
Disclaimer published on our site ("Disclaimer") and our current Domain
Name Dispute Policy ("Dispute Policy") which are incorporated herein and
made a part of this Agreement by reference. The Disclaimer can be found at
http://www.enom.com/help/disclaimer.asp
and the Dispute Policy can be found at
http://www.enom.com/help/drp.asp. Certain
disputes, as specified in the Dispute Policy, are subject to that Policy.
You agree that, if the registration or reservation of your domain name is
challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree that, in the
event a domain name dispute arises with any third party, you will
indemnify and hold eNom harmless pursuant to the terms and conditions
contained in the Dispute Policy.
5. 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 eNom. You agree to provide written, signed
authorization to eNom for the transfer of the domain name to another
registrar and agree to pay any and all fees that may be charged by eNom 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.
6. Modifications to eNom's Registration Agreement and
Dispute Policy:
You agree, during the
period of this Agreement, that we may: (1) revise the terms and conditions
of this Agreement; and (2) change the services provided under this
Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s)
on eNom's web site, or on notification to you by e-mail or United States
mail. You agree to review eNom's web site, including the Agreement,
periodically to be aware of any such revisions. If you do not agree with
any revision to the Agreement, you may terminate this Agreement at any
time by providing us with notice by e-mail at
info@enom.com
or United States mail at the addresses listed on the cover page of this
Agreement. Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the eNom services
following notice of any revision to this Agreement or change in service(s),
you abide by any such revisions or changes. You further agree that we, in
our sole discretion, may modify our Dispute Policy at any time. Your
continued use of the domain name registered to you shall constitute your
acceptance of this Agreement and the Dispute Policy with the new
modifications. You acknowledge that if you do not agree to any of such
changes, you may request that your domain name registration be cancelled
or transferred to a different domain name registrar. You agree that such
cancellation or request for transfer will be your exclusive remedy if you
do not wish to abide by any changes to this Agreement or the Dispute
Policy.
7. Account Information and Its Use:
a. Information You Are
Required to Submit. As part of the registration process, you are
required to provide certain information and to update this information
promptly as needed to keep it current, complete and accurate. The
information you are obligated to provide in connection with the domain
name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail
address, voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number, and
where available, fax number of the billing contact for the domain name;
and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name
registration, the type of information you are required to provide may have
changed. If you do not wish to provide the new required information, your
registration may not be renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain name
registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating to
your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us and
by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence between
you and us;
iv. Records of account for your domain name registration, including dates
and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary
nameservers for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number, and
where available, fax number of the technical contact for the domain name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain name
registration and related services.
c. Your Obligations Relating to the Account Information. In the
event that, in registering the domain name, you are providing information
about or on behalf of a third party, you hereby represent that you have
(a) provided notice to that third party of the disclosure and use of that
party's information as set forth in this Agreement, and (b) that you have
obtained that third party's express consent to the disclosure and use of
that party's information as set forth in this Agreement. By registering a
name or applying for services you also represent that the statements in
its application are true and you also represent that the Domain Name is
not being registered for any unlawful purpose.
You acknowledge that
willfully providing inaccurate information or willfully failing to update
information promptly will constitute a material breach of this Agreement
and will be sufficient basis for cancellation of your domain name
registration. You further agree that your failure to respond for over ten
(10 ) calendar days to inquiries by eNom concerning the accuracy of
contact details associated with your registration shall constitute a
material breach of this Agreement and will be sufficient basis for
cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that eNom will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and
acknowledge that eNom may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
"whois" service) or for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you
acknowledge that ICANN may establish guidelines, limits and/or
requirements that relate to the amount and type of information that eNom
may or must make available to the public or to private entities, and the
manner in which such information is made available.
You hereby consent to any
and all such disclosures and use of, and guidelines, limits and
restrictions on disclosure or use of, information provided by you in
connection with the registration of a domain name (including any updates
to such information), whether during or after the term of your
registration of the domain name. You hereby irrevocably waive any and all
claims and causes of action you may have arising from such disclosure or
use of your domain name registration and other information by eNom.
You may access your domain
name registration information in our possession to review, modify or
update such information, by accessing your account at our web site
(http://www.enom.com), or via a similar service. In order to change any of
your account information with us, you must use your Account Identifier and
Password that you selected when you opened your account with us. Please
safeguard your Account Identifier and Password from any unauthorized use.
You agree that any person in possession of you Account Identifier and
Password will have the ability and your authorization to modify your
account information. In no event will we be liable for the unauthorized
use or misuse of your Account Identifier or Password. eNom will take
reasonable precautions to protect the information it obtains from you from
our loss, misuse, unauthorized access or disclosure, alteration or
destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that eNom 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 we own the
following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax number of all
contacts for the domain name registration, (d) any remarks concerning the
registered domain name that appear or should appear in the WHOIS or
similar database, and (e) any other information we generate or obtain in
connection with the provision of domain name registration services, other
than the domain name being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the domain name, and the
corresponding names of those nameservers. eNom does not have any ownership
interest in your specific personal registration information outside of its
rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are
registering a domain name for or on behalf of someone else, you represent
that you have the authority to nonetheless bind that person as a principal
to all terms and conditions provided herein, including the Dispute Policy.
You agree that if you
license the use of the domain name registered to you to a third party, you
nonetheless remain the domain name holder of record, and remain
responsible for all obligations under this Agreement, including but not
limited to payment obligations, and providing (and updating, as necessary)
both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to
facilitate timely resolution of any problems that arise in connection with
the domain name and domain name registration.
10.
Announcements:
We reserve the right to
distribute information to you that is pertinent to the quality or
operation of our services and those of our service partners. These
announcements will be predominately informative in nature and may include
notices describing changes, upgrades, new products or other information to
add security or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT ENOM WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS
OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR DOMAIN NAME
REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU ACCESS BY THE
DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY RESULTING FROM
ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION
OR OTHER MODIFICATION; (7) EVENTS BEYOND ENOM'S CONTROL; (8) THE
PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING FROM THE
UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (10)
APPLICATION OF THE DISPUTE POLICY. ENOM ALSO WILL NOT BE LIABLE FOR ANY
INDIRECT, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND
(INCLUDING LOST PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN
CONTRACT, TORT (INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF ENOM HAS BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL ENOM'S
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN FOUR HUNDRED
DOLLARS ($400.00). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR
LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH
STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all registry Operators, eNom,
their contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement, the
eNom services provided hereunder or your use of the eNom services,
including without limitation infringement by you, or someone else using
any eNom service with your computer, of any intellectual property or other
proprietary right of any person or entity, or from the violation of any
eNom operating rule or policy relating to the service(s) provided. When
eNom is threatened with suit by a third party, eNom may seek written
assurances from you concerning your promise to indemnify eNom; your
failure to provide those assurances may be considered by us to be a breach
of your Agreement and may result in deactivation of your domain name. This
indemnification is in addition to any indemnification required under the
Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT,
TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF THE
DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED
INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER REPRESENT AND
WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR
DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING
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, ENOM 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. YOU
UNDERSTAND AND AGREE THAT ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE
OBTAINED THROUGH THE USE OF THE ENOM'S E-MAIL FORWARDING OR OTHER EMAIL
SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE
SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA
THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. ENOM MAKES NO
WARRANTY REGARDING ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE
E-MAIL SERVICE OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL
SERVICE. NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY
YOU FROM ENOM OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT
EXPRESSLY MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Breach and Revocation:
eNom reserves the right to suspend, cancel, transfer or modify your domain
name registration or suspend, cancel or modify other services we provide
in the event (a) you materially breach this Agreement (including the
Dispute Policy) and do not cure such breach within thirty (30) days of
notice by eNom, (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 eNom) or registry administrator procedures approved
by an ICANN-adopted policy, (1) to correct mistakes by eNom, another
registrar or the registry administrator in administering the name or (2)
for the resolution of disputes concerning the domain name.
You also agree that eNom
shall have the right in its sole discretion to suspend, cancel, transfer
or otherwise modify a domain name registration upon seven (7) calendar
days prior written notice, or at such time as eNom 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.
15.
Right Of Refusal:
We, in our sole discretion,
reserve the right to refuse to register or reserve your chosen domain name
or register you for other eNom service(s), or to delete your domain name
within thirty (30) calendar days from receipt of your payment for such
services. In the event we do not register or reserve your domain name or
register you for other eNom service(s), or we delete your domain name or
other eNom service(s) within such thirty (30) calendar day period, we
agree to refund your applicable fee(s). You agree that we shall not be
liable to you for loss or damages that may result from our refusal to
register or reserve, or delete your domain name or register you for other
eNom service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect to
disputes, this Agreement, your rights and obligations and all actions
contemplated by this Agreement shall be governed by the laws of the United
States of America and the State of Washington, as if the Agreement was a
contract wholly entered into and wholly performed within the State of
Washington. Except as otherwise set forth in the Dispute Policy with
respect to disputes, any action to enforce this Agreement or any matter
relating to your use of the eNom site shall be brought exclusively in the
United States District Court for the Western District of Washington, or if
there is no jurisdiction in such court, then in a state court in King
County.
17. Notices:
You agree that any notices required to be given under this Agreement by
eNom to you will be deemed to have been given if delivered in accordance
with the contact information you have provided.
18.
Infancy:
You attest that you are of legal age to enter into this Agreement.
19.
General:
This Agreement, eNom's Disclaimer and the Dispute Policy, together with
all modifications, constitute the complete and exclusive agreement between
you and eNom, and supersede and govern all prior proposals, agreements, or
other communications. Nothing contained in this Policy shall be construed
as creating any agency, partnership, or other form of joint enterprise
between the parties. The failure of eNom 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 eNom of a
breach of any provision hereof be taken or held to be a waiver of the
provision itself. In the event that any provision of this Policy shall be
unenforceable or invalid under any applicable law or be so held by
applicable court decision, such unenforceability or invalidity shall not
render this Policy unenforceable or invalid as a whole. eNom 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
eNom as reflected in the original provision. This Agreement, eNom's
Disclaimer and the Dispute Policy may not be amended or modified by you
except by means of a written document signed by both you and an authorized
representative of eNom.
20.
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.
- (.NU) In addition
to the terms set forth above, the following terms shall apply to
registrants of .tv, .cc, .bz, .nu and .ws domain names. Your
registration of a domain name in the .TV, .CC, .BZ, .NU or .WS top-level
domain ("New TLD Domain Name"), is subject to policies established or
revised from time to time by the registry for such New TLD Domain Name
("New TLD registry"), in its capacity as the registry for its respective
Top Level Domain. Each respective New TLD registry's current policies
("New TLD registry Policies") are available for you to review at each
New TLD's respective website. You agree to be bound by and comply with
the applicable New TLD registry Policies, including amendments and
modifications thereto, with respect to your New TLD Domain Name
registration. Such policies shall not alter the terms and conditions of
this Agreement. To the extent there is a conflict between the New TLD
registry policies and the terms of this Agreement, the terms of this
Service Agreement shall prevail. You agree that the New TLD registry has
the right to enforce the New TLD registry Policies.
- (.INFO) Should
you seek to register a .INFO second level domain name you, the
registrant, must agree to the following terms:
- Registrant consents to
the use, copying, distribution, publication, modification, and other
processing of Registered Domain Name Holder's Personal Data by Afilias,
the .INFO registry Operator, and its designees and agents in a manner
consistent with the purposes specified pursuant in its contract.
- Registrant agrees to
submit to proceedings under ICANN's Uniform Domain Name Dispute Policy
(UDRP) and comply with the requirements set forth by Afilias for
domain names registered during the Sunrise Period, including the
mandatory Sunrise Dispute Resolution Policy. These policies are
subject to modification.
- Registrant agrees to
immediately correct and update the registration information for the
Registered Name during registration term for the Registered Name,
failure to correct this information shall constitute a breach of this
Agreement.
- Registrant
acknowledges that Afilias, the registry operator for .INFO, will have
no liability of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period or the Land
Rush Period, including, without limitation: (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.
- 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.
- (.BIZ) Should you
seek to register a .BIZ second level domain name you, the registrant,
must agree to the following terms:
- BIZ RESTRICTIONS.
Registrations in the .biz TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions ("Restrictions"), "bona fide
business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software, materials,
graphics or other information thereon, to permit Internet users to
access one or more host computers through the DNS:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any
kind; or,
b) the ordinary course of trade or business.Registering a domain name
solely for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. the unsolicited offering tosell, trade or lease the domain name
for compensation shall not constitute a"bona fide business or
commercial use" of that domain name.
- BIZ CERTIFICATION. As
a .biz domain name registrant, you hereby certify to the best of your
knowledge that:
The registered domain name will be used primarily for bona fide
business or commercial purposes and not
i. exclusively for personal use; or
ii. solely for the purposes of
a. selling, trading or leasing the domain name for compensation, or
b. the unsolicited offering to sell, trade or lease the domain name
for compensation. For more information on the .biz restrictions, which
are incorporated herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
1. The domain name registrant has the authority to enter into the
registration agreement; and
2. the registered domain name is reasonably related to the
registrant's business or intended commercial purpose at the time of
registration.
- PROVISION OF
REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration
process, you are required to Provide us with certain information and
to update this information to keep it current, complete and accurate.
This information includes (i) your full name, postal address, e-mail
address, voice telephone number, and fax number if available; (ii) the
name of an authorized person for contact purposes in the case of a
registrant that is an organization, association, or corporation; (iii)
the IP addresses of the primary nameserver and any secondary
nameserver(s) for the domain name; (iv) the corresponding names of
those nameservers; (v) the full name, postal address, e-mail address,
voice telephone number, and fax number if available of the technical
contact for the domain name; (vi) the full name, postal address,
e-mail address, voice telephone number, and fax number if available of
the administrative contact for the domain name; (vii) the name, postal
address, e-mail address, voice telephone number, and fax number if
available of the billing contact for the domain name; and (viii) any
remark concerning the registered domain name that should appear in the
Whois directory. You agree and understand that the foregoing
registration data will be publicly available and accessible on the
Whois directory as required by ICANN/registry Policy and may be sold
in registry in accordance with the ICANN Agreement.
b) Inaccurate or Unreliable Data. You hereby represent and warrant
that the data provided in the domain name registration application is
true, correct, up to date and complete and that you will continue to
keep all the information provided up to date. Your willful provision
of inaccurate or unreliable information, your willful failure promptly
to update information provided to us, or any failure to respond for
over five calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then
appearing in the Whois directory with respect to an domain name
concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered
by or through you or your account, shall constitute a breach of this
Agreement. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN
Agreement or any ICANN/registry Policy.
- DOMAIN NAME DISPUTE
POLICY. If you reserved or registered a .biz domain name through us,
you agree to be bound by our current domain name dispute policy that
is incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available at
http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules,
available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a
dispute between a registrant of a .biz domain name ("Registrant") with
any third party (other than registry Operator or Registrar) over the
registration or use of a .biz domain name registered by Registrant
that is subject to the Intellectual Property Claim Service. The
Intellectual Property Claim Service a service introduced by registry
Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain name has been registered in which that
Claimant claims intellectual property rights. In accordance with the
STOP and its associated Rules, those Claimants will have the right to
challenge registrations through independent ICANN-accredited dispute
resolution providers. The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and any party other
than the registry Operator or Registrar over the registration and use
of an Internet domain name registered by Registrant.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the registry
Operator or Registrar over the registration and use of an Internet
domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation that a domain
name is not used primarily for business or commercial purposes shall
be enforced on a case-by-case, fact specific basis by an independent
ICANN-accredited dispute provider. None of the violations of the
Restrictions will be enforced directly by or through registry
Operator. registry Operator will not review, monitor, or otherwise
verify that any particular domain name is being used primarily for
business or commercial purposes or that a domain name is being used in
compliance with the SUDRP or UDRP processes.
- DOMAIN NAME DISPUTE
POLICY MODIFICATIONS. You agree that we, in our sole discretion, may
modify our dispute policy. We will post any such revised policy on our
Web site at least thirty (30) calendar days before it becomes
effective. You agree that, by maintaining the reservation or
registration of your domain name after modifications to the dispute
policy become effective, you have agreed to these modifications. You
acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We will not refund any fees paid by you if
you terminate your Agreement with us.
- DOMAIN NAME DISPUTES.
You agree that, if your use of our domain name registration services
is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold us harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the registry of
the judicial body by supplying a party with a registrar certificate
from us.
- RESERVATION OF RIGHTS.
ENom, Inc. 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 eNom, Inc. and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. eNom, Inc. and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
- (.NAME) Should
you seek to register a .NAME second level domain name you, the
registrant, must agree to the following terms:
- DEFENSIVE
REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks to
exclusively pre-register on the .name space and create a protective
barrier for their trademarks. A "Defensive Registration" is a
registration granted to a third party of a specific string on the
second or third level, or of a specific set of strings on the second
and third levels, which will not resolve within the domain name system
but may prevent the registration of the same string(s) on the same
level(s) by other third party applicants.
- PHASES OF DEFENSIVE
REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for Phase I
Defensive Registrations ("Phase I Defensive Registrants"), you own
valid and enforceable trademark or service mark registrations having
national effect that issued prior to April 16, 2001 for strings that
are identical to the textual or word elements, using ASCII characters
only, subject to the same character and formatting restrictions as
apply to all registrations in the registry TLD. You understand that
trademark or service mark registrations from the supplemental or
equivalent registry of any country, or from individual states or
provinces of a nation, will not be accepted. Subject to the same
character and formatting restrictions as apply to all registrations in
the registry TLD, if a trademark or service mark registration
incorporates design elements, the ASCII character portion of that mark
may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive
Registration for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall comply
with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of which is
subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate
registration fee;
(iii) The Defensive Registrant must provide the information requested
in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts with
a then-existing Personal Name Registration or other reserved word or
string.
- PROVISION OF
REGISTRATION DATA
(a) As part of the registration process, you are required to provide
us with certain information and to update this information to keep it
current, complete and accurate. You must provide contact information,
including name, email address, postal address and telephone number,
for use in disputes relating to the Defensive Registration. You
understand and agree that this contact information will be provided as
part of the Whois record for the Defensive Registration. You further
understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States, and
you expressly consent to such export.
(b) In addition to the information provided in subsection (a) above,
Phase I Defensive Registrants must also provide (1) the name, in ASCII
characters, of the trademark or service mark being registered; (2) the
date the registration issued; (3) the country of registration; and (4)
the registration number or other comparable identifier used by the
registration authority
(c) You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete and
that you will continue to keep all of the information provided
up-to-date. Your wilful provision of inaccurate or unreliable
information, your wilful failure promptly to update information
provided to us, or any failure to respond for over five (5) calendar
days to our inquiries addressed to the email address of the
administrative, billing or technical contact then appearing in the
publicly available Whois directory with respect to a Defensive
Registration(s) concerning the accuracy of contact details associated
with any such Defensive Registration(s) registered by or through you
or your account shall constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE
POLICY
(a) If you registered a Defensive Registration, you agree that: (i)
the Defensive Registration will be subject to challenge pursuant to
the Eligibility Requirements Dispute Resolution Policy ("ERDRP"); (ii)
if the Defensive Registration is successfully challenged pursuant to
the ERDRP, the Defensive Registrant will pay the challenge fees; and
(iii) if a challenge is successful, then the Defensive Registration
will be subject to the procedures described in Section 2(h) of
Appendix L to the agreement of Global Name registry ("registry
Operator") with the Internet Corporation for Assigned Names and
Numbers ("ICANN"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration is
successfully challenged on the basis that it did not meet the
applicable Eligibility Requirements, the Defensive Registrant will
thereafter be required to demonstrate, at its expense, that it meets
the Eligibility Requirements for Phase I Defensive Registrations for
all other Phase I Defensive Registrations that it registered within
.name through any Registrar. In the event that the Defensive
Registrant is unable to demonstrate the foregoing with respect to any
such Phase I Defensive Registration(s), those Defensive Registration(s)
will be cancelled.
(c) The ERDRP applies to, among other things, challenges to Defensive
Registrations within .name and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION
DISPUTE POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the Defensive Registration after modifications to the
dispute policy become effective, you have agreed to these
modifications. You acknowledge that if you do not agree to any such
modification, you may terminate this Agreement. We will not refund any
fees paid by you if you terminate your Agreement with us.
- DEFENSIVE
REGISTRATIONS DISPUTEs
You agree that, if your Defensive Registration is challenged by a
third party, you will be subject to the provisions specified in our
Defensive Registration dispute policy in effect at the time of the
dispute. You agree that in the event a Defensive Registration dispute
arises with any third party, you will indemnify and hold eNom, Inc.
harmless pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed with a
judicial or administrative body regarding your Defensive Registration,
you agree not to make any changes to your Defensive Registration
record without our prior approval. We may not allow you to make
changes to such Defensive Registration record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we
receive notification by you and the other party contesting your
Defensive Registration and use of our domain name registration
services that the dispute has been settled. Furthermore, you agree
that if you are subject to litigation regarding your Defensive
Registration and use of our domain name registration services, we may
deposit control of your Defensive Registration record into the
registry of the judicial body by supplying a party with a Registrar
certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to allow
individuals to share a part of their space. For example, if you have
filed a Defensive Registration on PQR (which blocks out
ANYSTRING.PQR.name and PQR.ANYSTRING.name), you may be asked to give
consent to John Pqr to register JOHN.PQR.name if he can prove that PQR
is his name. In such a circumstance, you will have five (5) days to
respond to a request for consent.
- .name REGISTRATION
RESTRICTIONS
Registrations in the .name TLD must constitute an individual's
"Personal Name". For purposes of the .name restrictions (the
"Restrictions"), a "Personal Name" is a person's legal name, or a name
by which the person is commonly known. A "name by which a person is
commonly known" includes, without limitation, a pseudonym used by an
author or painter, or a stage name used by a singer or actor.
- .name CERTIFICATIONS
As a .name domain name Registrant, you hereby certify to the best of
your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD") email
address is your Personal Name.
- PROVISION OF
REGISTRATION DATA
(a) As part of the registration process, you are required to provide
us with certain information and to update this information to keep it
current, complete and accurate. This information includes the
information contained in the Whois directory, including: (i) your full
name and postal address, email address, voice telephone number, and
fax number, if available; (ii) the IP addresses and names of the
primary nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address, voice
telephone number, and fax number, if available, of the technical
contact for the domain name; (iv) the full name, postal address, email
address, voice telephone number, and fax number if available of the
administrative contact for the domain name; (v) the name, postal
address, email address, voice telephone number, and fax number, if
available, of the billing contact for the domain name. You agree and
understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by
Internet Corporation for Assigned Names and Numbers ("ICANN")/registry
Policy. You further understand that the foregoing registration data
may be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
(b) You hereby represent and warrant the data provided in the
registration application is true, correct, up-to-date and complete and
that you will continue to keep all of the information provided
up-to-date. Your willful provision of inaccurate or unreliable
information, your willful failure promptly to update information
provided to us, or any failure to respond to our inquiries addressed
to the email address of the administrative, billing or technical
contact then appearing in the Whois directory with respect to a domain
name concerning the accuracy of contact details associated with any
registration(s) or the registration of any domain name(s) registered
by or through you or your account shall constitute a breach of this
Agreement. Any information collected by us concerning an identified or
identifiable natural person ("Personal Data") will be used in
connection with the registration of your domain name(s) and for the
purposes of this Agreement and as required or permitted by the ICANN
Agreement or an ICANN/registry Policy.
- DOMAIN NAME DISPUTE
POLICY
If you reserved or registered a .name domain name through us, you
agree to be bound by our current domain name dispute policy that is
incorporated herein and made a part of this Agreement by reference.
Please take the time to familiarize yourself with that policy. In
addition, you hereby acknowledge that you have read and understood and
agree to be bound by the terms and conditions of the following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
(a) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result of a
dispute resolution proceeding or during the landrush procedures in
connection with the opening of the registry TLD. The following
categories of Personal Name Registrations may be registered: (i) the
Personal Name of an individual; (ii) the Personal Name of a fictional
character, if you have trademark or service mark rights in that
character's Personal Name; (iii) in addition to a Personal Name
registration, you may add numeric characters to the beginning or the
end of your Personal Name so as to differentiate it from other
Personal Names.
The ERDRP applies to challenges to (i) registered domain names and SLD
email address registrations within .name on the grounds that a
Registrant does not meet the Eligibility Requirements, and (ii) to
Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection with a
dispute between a Registrant and party other than Global Name registry
("registry Operator") or Registrar over the registration and use of an
Internet domain name registered by a Registrant.
- DOMAIN NAME DISPUTE
POLICY MODIFICATIONS
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of your domain name or
SLD email address after modifications to the dispute policy become
effective, you have agreed to these modifications. You acknowledge
that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you
terminate your Agreement with us.
- DOMAIN NAME DISPUTES
You agree that, if your use of our domain name registration services
is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any
third party, you will indemnify and hold eNom harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are
notified that a complaint has been filed with a judicial or
administrative body regarding your use of our domain name registration
services, you agree not to make any changes to your domain name record
without our prior approval. We may not allow you to make changes to
such domain name record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by
you and the other party contesting your registration and use of our
domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding
your registration and use of our domain name registration services, we
may deposit control of your domain name record into the registry of
the judicial body by supplying a party with a Registrar certificate
from us.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your option,
include Email Forwarding. To the extent you opt to use Email
Forwarding, you are obliged to do so in accordance with all applicable
legislation and are responsible for all use of Email Forwarding,
including the content of messages sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content of and to
comply with the generally accepted rules for Internet and email usage.
This includes, but is not limited to the Acceptable Use Policy,
available at _____________, as well as the following restrictions.
Without prejudice to the foregoing, you undertake not to use Email
Forwarding:
(i) to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange of
threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all
attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial of
Service (DoS) attacks, willful attempts to overload another system or
other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the mass
mailing of unsolicited email, junk mail, the use of distribution lists
(mailing lists) which include persons who have not specifically given
their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way to
pose as somebody else when using Email Forwarding.
(c) registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history
of abuse from entering registry Operator's Email Forwarding. However,
due to the nature of such systems, which actively block messages,
registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or eNom, Inc.
to give feedback on the decision.
(d) You understand and agree that registry Operator may delete
material that does not conform to clause (c) above or that in some
other way constitutes a misuse of Email Forwarding. You further
understand and agree that registry Operator is at liberty to block
your access to Email Forwarding if you use Email Forwarding in a way
that contravenes this Agreement. You will be given prior warning of
discontinuation of the Email Forwarding unless it would damage the
reputation of registry Operator or jeopardize the security of registry
Operator or others to do so. registry Operator reserves the right to
immediately discontinue Email Forwarding without notice if the
technical stability of Email Forwarding is threatened in any way, or
if you are in breach of this Agreement. On discontinuing Email
Forwarding, registry Operator is not obliged to store any contents or
to forward unsent email to you or a third party.
(e) You understand and agree that to the extent registry Operator is
required by law to disclose certain information or material in
connection with your Email Forwarding, registry Operator will do so in
accordance with such requirement and without notice to you.
- RESERVATION OF RIGHTS
eNom, Inc. and registry Operator Operator, expressly reserve the right
to deny, cancel or transfer any Defensive Registration that it deems
necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules
or requirements, requests of law enforcement, in compliance with any
dispute resolution process, or to avoid any liability, civil or
criminal, on the part of eNom, Inc. and/or registry Operator, as well
as their affiliates, subsidiaries, officers, directors and employees.
eNom, Inc. and registry Operator also reserve the right to freeze a
Defensive Registration during a resolution of a dispute.
- LIMITATION OF
LIABILITY
You agree that registry Operator will have no liability of any kind
for any loss or liability resulting from (i) the processing of
Defensive Registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a Registered
Name or SLD email address registration using these processes; or (ii)
any dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of any
dispute resolution proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, defend and hold harmless registry Operator,
and its directors, officers, employees and agents from and against any
and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses, arising out of or relating to your
registration. This indemnification obligation will survive the
termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS
AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which
registry Operator has monitoring responsibility in accordance with the
registry Agreement or under any other arrangement with ICANN; and
(b) operational standards, policies, procedures, and practices for the
registry TLD established from time to time by registry Operator in a
non-arbitrary manner and applicable to all Registrars, including
affiliates of registry Operator, and consistent with ICANN's
standards, policies, procedures, and practices and registry Operator's
registry Agreement with ICANN. Among registry Operator's operational
standards, policies, procedures, and practices are those set forth in
Exhibit E of the registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised registry Operator operational standards,
policies, procedures, and practices for the registry TLD shall be
effective upon thirty (30) days notice by registry Operator to
Registrar.
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