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This Registration Agreement ("Agreement") sets forth the terms and
conditions of your use of domain name registration and related services
("Services"). In this Agreement "you" and "your" refer to you and the
registrant listed in the WHOIS contact information for the domain name.
"We", "us" and "our" refer to the registrars listed at the bottom of this document,
any one of which will be the registrar for your domain name and all of
which share common ownership, common terms and conditions, and a shared
Services infrastructure. To determine which registrar your domain name
is registered with, perform a WHOIS lookup at http://www.uwhois.com.
You obtain the Services first through a Primary Service Provider, eNom,
Inc., with whom we have a wholesale relationship. Your relationship
with your Primary Service Provider may be governed by additional terms,
as you and your Primary Service Provider may agree. "We," "us" and
"our" does not include your Primary Service Provider, except when
specifically mentioned or unless your Primary Service Provider is one
of us (i.e. if your Primary Service Provider is also one of the
registrars listed at the bottom of this document).
YOU AGREE TO THIS AGREEMENT: By using the Service(s), you agree to all
terms and conditions of this Agreement, the UDRP (define below) and the
rules, policies, or agreements published in association with specific
of the Service(s) and/or which may be enforced by ICANN, the
registries, and governments.
PASSAGE OF TIME: This Agreement will change over time. If, as a result
of such a change, you no longer agree with the terms of this Agreement,
you agree that your exclusive remedy is to transfer your domain name
registration services to another registrar or request of us that we
cancel your domain name registration services. If you continue to use
the Services following a change in this Agreement and/or the Services,
your continued use of the Services indicates your consent to the
changes. Any such revision or change will be binding and effective
within 30 days of when the revised Agreement or change to the
Service(s) is posted to the website of either the Primary or Backend
Service Providers, or 15 days after you view thee revised Agreement or
15 days after notification is sent to the e-mail address provided in
association with your domain name registration. You agree to review
this Agreement periodically to make yourself aware of any such
revisions.
YOUR ACCOUNT: You must create an account to use the Services. Your
account is typically going to be managed and/or provided by your
Primary Service Provider. You are responsible for maintaining and
updating all login IDs, passwords, and for all access to and use of
your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND TERMINATION OF SERVICE(S): We and your
Primary Service Provider may reject your domain name registration
application or elect to discontinue providing Service(s) to you for any
reason within 30 days of a Service initiation or a Service renewal.
Outside of this period, we and your Primary Service Provider may
terminate or suspend the Service(s) at any time for cause, which,
without limitation, includes registration of prohibited domain name(s),
abuse of the Services, payment irregularities, serious allegations of
illegal conduct, or if your use of the Services involves us in a
violation of any Internet Service Provider's ("ISP's") acceptable use
policies, including the transmission of unsolicited bulk email. You
agree that if we terminate or suspend the Services provided to you
under this Agreement, that we may then, at our option, make either
ourselves or a third party the beneficiary of Services which are
substantially similar to those which were previously providing to you
and that any reference in this Agreement to termination or suspension
of the Services to you includes this option. If we have grounds to
terminate or suspend Service(s) with respect to one domain name or in
relation to other Service(s) provided through your account, we may
terminate or suspend all Service(s) provided through your account,
including Service(s) to other domain names. No fee refund will be made
when there is a suspension or termination of Service(s) for cause. At
any time and for any reason, we may terminate the Services 30 days
after we send notice of termination via mail or email, at our option,
to the WHOIS contact information provided in association with your
domain name registration. Following notice of termination other than
for cause, you must transfer your domain name or risk that we may
delete your domain name or suspend or modify Services to it. If we
terminate Services for a reason other than cause, we will attempt to
refund your fees. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar or registry
administrator procedures approved by an ICANN-adopted policy, to
correct mistakes by us, another registrar or the registry administrator
in administering the domain name or for the resolution of disputes
concerning the domain name.
OUR SERVICES: We are accredited registrars with the Internet
Corporation for Assigned Names and Numbers ("ICANN") for Top Level
Domain Names ("TLDs") (such as .com, .net, .org, .de, co.uk, etc.).
ICANN oversees registrations and other aspects of the TLDs. Domain name
registrations are not effective until the registry administrator puts
them into effect. For a list of registry administrators and for more
information on TLDs, see HYPERLINK http://www.icann.org/tlds/.
Domain name registrations are only for limited terms, terms which end
on the expiration date. For domain names which are created as a new
registration out of the available namespace, the term begins on the
date the domain name registration is acknowledged by the applicable
registry; for domain names registrations which were not returned to the
available namespace, the term begins on the date the previous
registrant's domain name registration was acknowledged by the
applicable registry. You agree that we and your Primary Service
Provider are 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 a request to register, renew, modify the settings
for, or transfer of a domain name registration (our limitation of
liability is explained further, below). You further agree that domain
name registration is a service, that domain name registrations do not
exist independently from services provided pursuant to this or a
similar registration agreement with a registrar, and that domain name
registration services do not create a property interest.
YOU
WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY
CLAIM(S). You further agree to indemnify, defend and hold harmless us,
your Primary Service Provider, and applicable registry administrator(s)
(including Verisign Inc., Neulevel, Inc., Public Interest Registry,
Afilias Limited, and other registry operators listed at http://www.icann.org/registries/listing.html)
and all such parties' 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, the domain name registration services you are
obtaining from us.
NOT INCLUDED IN THE SERVICES: Without
limitation, the following are not included in the Services: We cannot
and do not check to see whether the domain name(s) you select, or the
use you make of the domain name(s), or other of the Service(s),
infringes legal rights of others. It is your responsibility to know
whether or not the domain name(s) you select or use infringes legal
rights of others. We might be ordered by a court to cancel, modify, or
transfer your domain name; it is your responsibility to list accurate
contact information in association with your account and to communicate
with litigants, potential litigants, and governmental authorities. It
is not our responsibility to forward court orders or other
communications to you. We will comply with court orders unless you
contact us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with lawsuit
in connection with Service(s) provided to you, we may turn to you to
indemnify us and to hold us harmless from the claims and expenses
(including attorney's fees and court costs). Under such circumstances,
you agree that you will, upon demand, obtain a performance bond with a
reputable bonding company or, if you are unable to obtain a performance
bond, that you will deposit money with us to pay for our reasonably
anticipated expenses in relation to the matter for the coming year.
Such deposit will be drawn down as expenses are incurred, with all
account notices sent to the WHOIS contact information provided in
association with your domain names and/or account. We shall not be
obliged to extend you any credit in relation to such expenses and we
may terminate the Services for a failure to make or renew such a
deposit. We will return any unused deposit upon the later of one year
from deposit or the conclusion of the matter.
DISPUTE RESOLUTION POLICY: You agree to the Uniform Domain NameDispute Resolution Policy ("UDRP"), which is available at http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm
. You agree that the UDRP may be changed by ICANN (or ICANN's
successor) at any time. You agree that, if the registration or
reservation of your domain name is challenged by a third party, you
will be subject to the provisions specified in the Dispute Policy in
effect at the time your domain name registration is disputed by the
third party. You also agree that, in the event a domain name dispute
arises with any third party, you will indemnify and hold us harmless
pursuant to the terms and conditions of the UDRP. You also understand
that it is important for you to regularly monitor email sent to the
email address associated with your account and domain names because,
among other reasons, if a dispute arises regarding Services provided to
you, you may loose your rights to receive the Services if you do not
respond expeditiously to an email sent in conjunction therewith.
FEES: As consideration for the Service(s), renewal of the Service(s),
and, if you select it, automatic renewal of the Service(s), you agree
to pay, prior to the effectiveness of the desired Service(s), the
applicable Service(s) 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,
unless this Agreement specifically provides for a refund. At our
option, we may require that you pay fees through a particular payment
means (such as by credit card or by wire transfer) or that you change
from one payment provider to another.
CREDIT CARD AND OTHER CHARGES: If you have an issue with credit card
charges, you should contact your Primary Service Provider (if any),
first, and us, secondarily, regarding the issue before you contact your
credit card company to request a charge back or reversal of the
charges. 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 your payment of fees for any Service(s), you agree that we and/or
your Primary Service Provider may suspend access to any and all
accounts you have with us and/or your Primary Service Provider and that
all rights to and interest in and use of any domain name
registration(s) services, website hosting, and/or email services,
including all data hosted on our systems and/or on the systems of your
Primary Service Provider shall be assumed by us or your Primary Service
Provider, as the case may be. We will reinstate your rights to and
control over these Services solely at our discretion, and subject to
our receipt of the unpaid fee(s) and our then-current reinstatement
fee, currently set at US $200. Reinstatement of Service(s) by your
Primary Service Provider may be according to the terms, if any, between
you and your Primary Service Provider relating to reinstatement.
Charges for the Service(s) which use our credit card payment processor
will be identified on your credit card statement as "Domain Name
Registration." We are not responsible for how charges appear on your
credit card statement when the transaction is processed by your Primary
Service Provider's or another third party's credit card payment
processor.
EXPIRATION AND RENEWAL OF SERVICE(S): You acknowledge that it is your
responsibility to keep your own records and to maintain your own
reminders regarding when your domain name registration or other
Services are set to expire. As a convenience to you, and not as a
binding commitment, we and/or your Primary Service Provider may notify
you via an email message or via your account when renewal fees are due.
Should these fees go unpaid, your Services will expire or be cancelled.
Payment must be made by credit card or such other method as we may
allow or require from time to time. If you select automatic renewal of
the Service(s), we may attempt to renew the Service(s) a reasonable
time before expiration, provided your credit card or other billing
information is available and up to date. You acknowledge that it is
your responsibility to keep your billing information up to date and
that we are not required to, but that we may, contact you to update
this information in the event that an attempted transaction is not
processed successfully.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION: As
further consideration for the Service(s), you agree to provide certain
current, complete and accurate information about you, both with respect
to your account information and with respect to the WHOIS information
for your domain name(s). You agree to maintain and update this
information as needed to keep it current, complete and accurate. With
respect to you, the administrative, technical, and billing contacts for
your domain name registration(s) and other Service(s), you must submit
the following: name, postal address, e-mail address, voice telephone
number, and where available, fax number. You agree that the type of
information you are required to provide may change and you understand
that, if you do not provide the newly required information, your
registration or and/or other Service(s) may be suspended or terminated
or may not be renewed. Not providing requested information may prevent
you from obtaining all Service(s). You may provide information
regarding the name-servers assigned to your domain name(s) and, if we
are providing name-server services to you, the DNS settings for the
domain name. If you do not provide complete name-server information, or
if you purchase "Name Only" Services, you agree that we may supply this
information (and point your domain name to a website of our choosing)
until such time as you elect to supply the name-server information or
until such time as you elect to upgrade from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING TO THE ACCOUNT AND WHOIS
CONTACT INFORMATION: In the event that, in registering a domain name or
obtaining other Service(s), you provide information about or on behalf
of a third party, you 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 the
third party's express consent to the disclosure and use of that party's
information as set forth in this Agreement. By registering a domain
name or applying for other Service(s) you also represent that the
statements in your application are true and you also represent that the
domain name is not being registered or the Services being procured for
any unlawful purpose. You acknowledge that providing inaccurate
information or failing to update information promptly will constitute a
material breach of this Agreement and will be sufficient basis for
suspension or termination of Services to you. You further agree that
your failure to respond for over ten (10) calendar days to inquiries by
us concerning the accuracy of account and WHOIS contact information
shall constitute a material breach of this Agreement and will be
sufficient basis for suspension or termination of Service(s) to you. As
indicated elsewhere in this Agreement, you understand that it is
important for you to regularly monitor email sent to the email address
associated with your account and WHOIS contact information because,
among other reasons, if a dispute arises regarding a domain name(s) or
other Service(s), you may loose your rights to the domain name(s) or
your right to receive the Service(s) if you do not respond
appropriately to an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT AND AN IMPORTANT LIMITATION OF OUR LIABILITY: In
order to change any of your account or domain name WHOIS information,
you must access your account with your Primary Service Provider (if
any), or your account with us. Please safeguard your account login
identifier and password from any unauthorized use. You agree that any
person in possession of you account login identifier and password will
have the ability and your authorization to modify your account and
domain name information. We will take reasonable precautions to protect
the information we obtain from you from loss, misuse, unauthorized
access or disclosure, alteration or destruction of that informationand
that such reasonable precautions include procedures for releasing
account access information to parties who claim to have lost account
access information. You agree that, if we take reasonable precautions
in relation thereto, that IN NO EVENT SHALL WE BE LIABLE IF SUCH
REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF
YOUR ACCOUNT IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL TO TAKE
REASONABLE PRECAUTIONS, THAT OUR LIABILITY UNDER ANY CIRCUMSTANCES
SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND BELOW
IN THIS AGREEMENT. If you contact us alleging that a third party has
unauthorized access to your account or domain names, you agree that we
may charge you administrative fees of $50 per hour for our time spent
in relation to the matter, regardless of whether or not we return
control over the account and/or domain names to you.
TRANSFERS: You agree that transfer of your domain name(s) services
shall be governed by ICANN's transfer policy, available at http://www.icann.org/transfers/,
as this policy may be modified from time to time. You agree that we may
place a "Registrar Lock" on your domain name services and that this
will prevent your domain name services from being transferred without
your authorization, though we are not required to do so. By allowing
your domain name services to remain locked, you provide express
objection to any and all transfer requests until the lock is removed.
To transfer your domain name(s) you should first login to your account
to lock or unlock your domain name(s) and/or to obtain the EPP
"AuthCode" which is required to transfer domain services in an EPP
registry (such as .org). Alternatively, you should contact your Primary
Service Provider to have your domain name(s) services locked or
unlocked or to obtain the EPP "AuthCode." If your Primary Service
Provider is unresponsive, you may contact us to have your domain
name(s) locked or unlocked or to obtain the EPP "AuthCode" though we
may first contact your Primary Service Provider to request that the
Primary Service Provider address the request. Only the registrant and
the administrative contacts listed in the WHOIS information may approve
or deny a transfer request. Without limitation, domain name services
may not be transferred within 60 days of initial registration, within
60 days of a transfer, if there is a dispute regarding the identity of
the domain name registrant, if you are bankrupt, or if you fail to pay
fees when due. We will follow the procedures for both gaining and
loosing registrars as outlined in ICANN's transfer policies. Transfer
requests typically take five business days to be processed. A transfer
will not be processed if, during this time, the domain name
registration services expire in which event you may need to reinstate
the transfer request. You may be required to resubmit a transfer
request if there is a communication failure or other problem at either
our end or at the registry. AS A CONSEQUENCE, YOU ACKNOWLEDGE THAT YOU
ASSUME ALL RISK FOR FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS
INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
PRIVACY
POLICY: You agree and consent that we will make available the domain
name registration information you provide or that we otherwise maintain
to the following parties: ICANN, the registry administrator(s), and to
other third parties as ICANN and applicable laws may require or permit
(including through web-based and other on-line WHOIS lookup systems),
whether during or after the term of your domain name registration
services 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 such information. Additionally, you acknowledge that ICANN
may establish or modify the guidelines, limits and/or requirements that
relate to the amount and type of information that we may or must make
available to the public or to private entities, and the manner in which
such information is made available. Information regarding ICANN's
guidelines and requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm, http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/index.html.
OWNERSHIP OF INFORMATION AND DATA: You agree and acknowledge that we
own all database, compilation, collective and similar rights, title and
interests worldwide in our domain name database, and all information
and derivative works generated from the domain name database. You
further agree and acknowledge that we own the following information for
those registrations for which we are the registrar: (a) the original
creation date of the registration, (b) the expiration date of the
registration, (c) the name, postal address, e-mail address, voice
telephone number, and where available fax number of all contacts for
the domain name registration, (d) any remarks concerning the registered
domain name that appear or should appear in the WHOIS or similar
database, and (e) any other information we generate or obtain in
connection with the provision of domain name registration services,
other than the domain name being registered, the IP addresses of the
primary nameserver and any secondary nameservers for the domain name,
and the corresponding names of those nameservers. We do not have any
ownership interest in your specific personal registration information
outside of our rights in our domain name database.
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. 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.
USE OF FREE SERVICES: In consideration for providing additional
optional Services for which we do not charge an additional fee,
including, but not limited to, URL forwarding, email forwarding, free
parking page, free website hosting, free email services, or other
services which we may introduce from time to time but for which there
is not a separate fee ("Free Services"), you agree that, if you use
such Free Services, we may display advertising in conjunction therewith
through the use of pop-up or pop-under browser windows, banner
advertisements, audio or video steams, appendices to emails, or other
similar advertising means, and that we may aggregate related usage data
by means of cookies and other similar means. You agree that from time
to time we may provide you with free or low-cost domain name(s)
services ("Promotional Name(s)"). If we do so, the services for the
Promotional Name(s) will be placed in the same account as your other
domain name(s) and you will be listed as the registrant, though we may
point the Promotional Name to IP address(es)of our choosing. If you
want to assume control over the services provided to the Promotional
Name, including the right to transfer or push the Promotional Name
service to other registrars or other accounts or the ability to control
the DNS settings for the Promotional Name, you must pay the promotional
registration fee or renewal fee, if any, and agree to the terms of this
Agreement with respect to such Promotional Name(s). If you do not want
the Promotional Name services, you may request that you be removed as
the registrant of such Promotional Names and we will be listed as the
domain name registrant. Alternatively, you may contact us or your
Primary Service Provider to request that we delete the Promotional Name
from the namespace. For any domain name services, including these
Promotional Names, for which you are listed as registrant but for which
you do not pay the registration or renewal fee, you agree that we may
assign name-servers to the domain name and point the domain name to IP
address(es) designated by us until the registration or renewal fee is
paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME REGISTRATION: After
expiration of the term of a domain name registration services and
before deletion of the domain name in the applicable registry's
database, you acknowledge that we may direct the domain name to
name-servers and IP address(es) designated by us, including, without
limitation, to no IP address or to IP address(es) which host a parking
page or a commercial search engine that may display advertisements, and
you acknowledge that we may either leave your WHOIS information intact
or that we may change the contact information in the WHOIS output for
the expired domain name so that you are no longer the listed registrant
of the expired domain name.
After expiration of the term of domain name registration services, you
acknowledge that certain registry administrators may provide procedures
or grace periods during which expired domain name registrations may be
renewed. You acknowledge that you assume all risks and all consequences
if you wait until close to or after the end of a domain name
registration term to attempt to renew the registration. You acknowledge
that we, for any reason and in our sole discretion, may choose not to
participate in a post-expiration renewal of a domain name and that we
shall not be liable therefore. You acknowledge that post-expiration
renewal or redemption processes, if any, involve additional fees which
we and your Primary Service Provider may determine. You acknowledge and
agree that expired domain name(s) may be made available to be
registered or re-registered to any party at any time.
You agree that after expiration of the term of a domain name
registration we may, for a period of 30 days, either i) remove the
domain name from the zone of the top-level-domain (meaning that the
domain name will no longer resolve), or ii) direct the domain name to
name-servers and IP address(es) of website(s) designated by us,
including, without limitation, to IP address(es) which host a parking
page or a commercial search engine. You agree that either are
functionally equivalent to ICANN's or a registry's redemption grace
period, which would normally occur after deletion. If we exercise our
rights under this provision, and if you do not transfer the domain name
services to another registrar nor contact us to pay for and renew the
domain name prior to the end of the 30 days, you agree that you have
abandoned the domain name.
After this 30 day period, you agree that we may either (i) delete the
domain name at any time thereafter or (ii) that we may pay the
registry's registration free or otherwise allow it to continue to be
registered with the WHOIS information previously provided by you and
pointing to the name-server(s) and IP address(es) designated by us, and
that we will not remove it from the TLD zone. In the latter event, the
domain name will be designated as being in the extended redemption
grace period ("ERGP"), and you will be allowed to assume, during the
first 120 days of the then extant registration term, complete
management of the domain name services, including the right to control
the DNS information, provided that you pay a fee of $160 (US dollars).
After the end of the 120-day period, if you do not exercise your rights
under this provision, you agree that you have abandoned the domain name
services, and relinquish all rights and use of the domain name
services, and that you are no longer the registrant of the domain name,
and that we may list ourselves or another party as the registrant of
the domain name in the WHOIS information. If we exercise our rights
under this provision and you do not wish to be listed as the registrant
and you wish to forego your option under this provision to pay to renew
the domain name registration services for the then-current registration
term, you may notify us before the end of the 120-day period and
request that we remove your information from the WHOIS record for the
domain name, in which case we, or a third party we designate, will be
listed as the registrant, and in which case you relinquish all rights
and control over the domain name services, and in which case we may i)
continue to point the domain name to IP address(es) designated by us,
or ii) we may delete the domain name from the applicable registry's
database.
Alternatively, if you do not contact us to renew the domain name
registration services during the 30 day period described above, and if
we do not designate the domain name as being in ERGP status as
described above, you agree that we may, possibly via a sub-contractor,
solicit and provide for a third party to pay to renew the domain name's
registration term and to allow such a third party to assume complete
control over the domain name services as a registrant (a
"Post-Expiration Registrant Change", or "PERC"). If we enter into a
PERC transaction with such a third party (the "PERC Customer"), we will
send an email notification to the email addresses, if any, which were
listed for the registrant and the administrative contact(s) for the
domain name when it was registered by you (the "PERC Notification").
You acknowledge that you might not receive the PERC Notification and
that it is not our obligation to confirm whether or not the PERC
Notification was received by you. The previously listed registrant
(typically you) may receive a portion of the funds received by us for
the PERC as follows: (i) if the domain name was registered directly
through us, the previously listed registrant may receive twenty percent
(20%) of the Net Proceeds received by us (either directly or from a
third party vendor providing services to us) as a result of the PERC;
or (ii) if the domain name was registered with us through your Primary
Service Provider (such as your website host, for example), the
previously listed registrant may receive fifteen percent (15%) of the
Net Proceeds received by us as a result of the PERC. You acknowledge
and agree that the PERC may be accomplished through an auction
involving one or more parties who are interested in the domain name. If
it is determined that either the registrant or the administrative
contact for the domain name or anyone acting on behalf of such a party
participated in the auction, then none of the Net Proceeds will be paid
out or if paid out must be returned to us. "Net Proceeds" means the
total fees paid to us (either directly or by a third party providing
services to us) as a result of the PERC, less registry fees, ICANN
fees, taxes, credit card charge-backs, processing and check fees, and
other costs or fees associated with the PERC. You agree that we shall
have no obligation to make the foregoing payments unless, within ninety
(90) days after the date of the PERC Notification, the previously
listed registrant provides us with the name, address and other
information requested (including, but not limited to, a Form W-9, if
applicable) in the PERC Notification. We cannot guarantee, and we make
no representation or promise, that any PERC will occur with respect to
a domain name registered by you. You understand that, if you do not
wish to participate in this process, that you may renew your domain
name services registration in the available time and that you may
arrange for the sale or other disposition of the domain name on your
own.
Alternatively, if you do not contact us to renew the domain name
registration services during the 30 day period described above, and if
we are unable or unwilling to arrange a PERC, you agree that we may
either (i) delete the domain name at any time thereafter or (ii) that
we may pay the registry free or otherwise allow it to continue to be
registered with the WHOIS information previously provided by you and
pointing to the name-server(s) and IP address(es) designated by us, and
that we will not remove it from the TLD zone. In the latter event, the
name will be designated as being in the extended redemption grace
period ("ERGP"), and you will be allowed to assume, during the first 90
days of the then extant registration term, complete management of the
domain name services, including the right to control the DNS
information, provided that you pay a fee of $200 (US dollars). After
the end of the 90-day period, if you do not exercise your rights under
this provision, you agree that you have abandoned the domain name
services, and relinquish all rights and use of the domain name
services, and that you are no longer the registrant of the domain name,
and that we may list ourselves or another party as the registrant of
the domain name in the WHOIS information. If we exercise our rights
under this provision and you do not wish to be listed as the registrant
and you wish to forego your option under this provision to pay to renew
the domain name registration services for the then-current registration
term, you may notify us before the end of the 90-day period and request
that we remove your information from the WHOIS record for the domain
name, in which case we, or a third party we designate, will be listed
as the registrant, and in which case you relinquish all rights and
control over the domain name services, and in which case we may i)
continue to point the domain name to IP address(es) designated by us,
or ii) we may delete the domain name from the applicable registry's
database.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1) SUSPENSION OR LOSS OF
THE SERVICE(S), INCLUDING, WITHOUT LIMITATION, DOMAIN NAME REGISTRATION
SERVICES, (2) USE OF THE SERVICE(S), INCLUDING, WITHOUT LIMITATION
DOMAIN NAME REGISTRATION SERVICES, (3) INTERRUPTION OF OUR SERVICES OR
INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICE(S) OR DELAYS OR ACCESS
INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED
WITH US; (5) LOSS OR LIABILITY RESULTING FROM ACTS OF OR EVENTS BEYOND
OUR CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) THE PROCESSING OF AN APPLICATION
FOR A DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY RESULTING FROM
THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD;
OR (9) APPLICATION OF THE DISPUTE POLICY. <%= UCASE(sOrgName) %>
ALSO WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL, INCIDENTAL, OR
CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST PROFITS) REGARDLESS
OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE, EVEN IF WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. IN NO EVENT SHALL OUR MAXIMUM AGGREGATE LIABILITY EXCEED THE
TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO
EVENT GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES
DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED
TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY: With respect to ICANN, the registry operators, us, and your
Primary Service Provider, as well as the contractors, agents,
employees, officers, directors and affiliates of such parties, you
agree to release, indemnify, and hold such parties harmless from all
liabilities, claims and expenses, including attorney's fees and court
costs, for third party claims relating to or arising under this
Agreement, the Service(s) provided hereunder, or your use of the
Service(s), including, without limitation, infringement by you, or by
anyone else using the Service(s) we provide to you, of any intellectual
property or other proprietary right of any person or entity, or from
the violation of any of our operating rules or policies relating to the
Service(s) provided. When we may be involved in a suit involving a
third party and which is related to our Service(s) to you under this
Agreement, we may seek written assurances from you in which you promise
to indemnify and hold us harmless from the costs and liabilities
described in this paragraph. Such written assurances may include, in
our sole discretion, the posting of a performance bond(s) or other
guarantees reasonably calculated to guarantee payment. Your failure to
provide such assurances may be considered by us to be a breach of this
Agreement by you and may, in our sole discretion, result in loss of
your right to control the disposition of domain name services for which
you are the registrant and in relation to which we are the registrar of
record. This indemnification is in addition to any indemnification
required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT THAT, TO THE BEST OF YOUR
KNOWLEDGE AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE
MANNER IN WHICH IT IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER
OF THE SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU
FURTHER REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN
CONNECTION WITH YOUR PROCUREMENT OF THE SERVICE(S) IS ACCURATE. ALL
SERVICE(S) ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS,
WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER,
EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE
SERVICE(S), INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND
WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE
DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF OUR E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN
DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR ANY
DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL
SERVICE(S) OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL
SERVICE(S). NO ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED
BY YOU FROM US 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.
GOVERNING LAW AND JURISDICTION FOR DISPUTES: Except as otherwise set
forth in the UDRP or any similar ccTLD policy with respect to any
dispute over a domain name registration 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. You agree that any
action brought by you to enforce this Agreement or any matter brought
by you and which is against or involves us and which relates to your
use of the Services 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,
Washington state. You consent to the personal and subject matter
jurisdiction of any state or Federal court in King County, Washington
state in relation to any dispute between you and us under this
Agreement. You agree that service of process on you by us in relation
to any dispute arising under this Agreement may be served upon you by
first class mail to the address listed by you in your account and/or
domain name WHOIS information or by electronically transmitting a true
copy of the papers to the email address listed by you in your account
and/or domain name WHOIS information. . Notwithstanding the foregoing,
for the adjudication of third party disputes (i.e., disputes between
you and another party, not us) concerning or arising from use of domain
names registered hereunder, you acknowledge and agree that you shall
submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (a) of the domain name
holder's domicile, and (b) where we are located, currently Bellevue,
W.A.
NOTICES: You agree that any notices required to be given under this
Agreement by us to you will be deemed to have been given if delivered
in accordance with the account and/or domain name WHOIS information you
have provided.
INFANCY: You attest that you are of legal age to enter into this Agreement.
GENERAL: This Agreement and the UDRP, together with all modifications,
constitute the complete and exclusive agreement between you and us, 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 us 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 us 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. We
will amend or replace such provision with one that is valid and
enforceable and which achieves, to the extent possible, our original
objectives and intent 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
us.
THE FOLLOWING REGISTRARS ARE REFERRENCED IN THIS DOCUMENT:
eNombre Corporation
eNom, Incorporated
Fushi Tarazu, Incorporated
Internet Internal Affairs Corporation
SicherRegister, Incorporated
Sipence, Inc. |
