Registration Agreement
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 (defined 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 the 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 Name Dispute 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 lose 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 $200(US Dollars). 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. *please note: for certain TLDs, the automatic
renewal option is not available
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 information and
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 (US dollars) 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.
You agree that we may make publicly available, or directly available to
third parties, some, or all, of the 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
applicable laws. One of the ways that we may make some or all of the
information you provide available to the public or third parties is by
way of bulk WHOIS data access provided to third parties who enter into
a bulk WHOIS data access agreement with us. Please click here
if you would like your WHOIS information made available for bulk
access. We reserve the right to discontinue providing bulk WHOIS data
access to third parties.
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 streams, 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: Immediately
after the expiration of the term of 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.
Reactivation
Period Process. For a period of approximately 30 days after expiration
of the term of domain name registration services, you acknowledge that
we may provide a procedure by which expired domain name registration
services may be renewed. You acknowledge and agree that we may, but are
not obligated to, offer this process, called the "reactivation period."
You acknowledge that you assume all risks and all consequences if you
wait until close to or after the expiration of the original term of
domain name registration services to attempt to renew the domain name
registration services. You acknowledge that we, for any reason and in
our sole discretion, may choose not to offer a reactivation period and
that we shall not be liable therefore. You acknowledge that
reactivation period renewal processes, if any, may involve additional
fees which we and your Primary Service Provider may determine. You
acknowledge and agree that we may make expired domain name services(s)
available to third parties, that we may auction off the rights to
expired domain name services (the auction beginning close to the end or
after the end of the reactivation period), and/or that expired domain
name registration services may be re-registered to any party at any
time.
After the reactivation period, you agree that we may
either (i) discontinue the domain name registration services at any
time thereafter, (ii) that we may pay the registry's registration fee
or otherwise provide for the registration services to be continued, or,
(iii) if we auctioned the domain name services to a third party, that
we may transfer the domain name registration services to such third
party.
In the case of (i), above, you acknowledge that
certain registry administrators may provide procedures by which
discontinued domain name registration services may nonetheless be
renewed. You acknowledge and agree that we may, but are not obligated
to, participate in this process, typically called the "Redemption Grace
Period" ("RGP"). You acknowledge that we, for any reason and in our
sole discretion, may choose not to participate in the RGP process with
respect to any or all of your domain name registration services and
that we shall not be liable therefore. If available, RGP typically ends
between 30 and 42 days after the end of the reactivation period of the
domain name services, as the reactivation period applied to you. The
typical RGP fee is $160 plus any registration fees. You agree that we
are not obliged to contact you to alert you that the domain name
registration services are being discontinued.
In the
case of (ii), above, you acknowledge that we may then set the
name-servers and the DNS settings for the domain name services, that we
set the DNS to point to no IP address or to IP address(es) which host
parking page(s) or a commercial search engine that may display paid
advertisements, and you acknowledge 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. You
acknowledge that we do not have to pay you any of the proceeds, if any,
we may earn as a result. You agree that we are not obliged to contact
you to alert you that the domain name registration services are being
continued. In this case, 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 settings, provided that you pay a fee of $160
(US dollars) plus any registration fees. 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.
In the
case of (iii), above, the third party who won the auction for the
domain name services will control the domain name services, including
control over the WHOIS information and the DNS settings. You may
recover the domain name registration services for a period of up to 42
days after the end of the reactivation period, as such reactivation
period applied to you. You agree that we are not obliged to contact you
to alert you that the domain name registration services are or were
auctioned. You acknowledge that we do not have to pay you any of the
proceeds, if any, we may earn as a result of such an auction. To
exercise your rights to recover auctioned domain name services, you
must contact us and provide us with a certified letter addressed to
"Expiration Recovery" and including documents setting forth your
identity and address, which identity and address must be the same as
that of the registrant as it was listed in the WHOIS information for
the domain name services prior to expiration, a copy of a commonly
accepted (in the United States) picture ID (such as a drivers license
or passport) which supports your identity and address claim, a front
and back photocopy of your credit card and you must a statement
authorizing payment of the reinstatement fee to such credit card, which
is $160 plus any registration fees. In doing so, you must provide us
with sufficient time to allow us to receive and evaluate your documents
and to contact the auction winner prior to the end of 30 days after the
end of the reactivation period of the domain name services.
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. YOU ALSO AGREE THAT NEITHER
WE NOR YOUR PRIMARY SERVICE PROVIDER WILL 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 OR YOUR PRIMARY
SERVICE PROVIDER HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE PROVIDER'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 US Dollars). BECAUSE SOME STATES DO NOT ALLOW
THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR YOUR PRIMARY SERVICE
PROVIDER'S 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, shareholders, 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"
AND WITH ALL FAULTS. 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.
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