These Terms and Conditions (hereinafter referred to as the
"Domain Management Terms" or this "Agreement") sets forth
the terms and conditions of your use of the domain name
registration services and any related services made
available through the domain management portion of
MarkMonitor's Web Site (www.markmonitor.com). By ordering
any Services hereunder, you (hereinafter "you" or
"Customer") agree to be bound by the terms set forth in the
Domain Management Terms and any Exhibits hereto.
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1. |
DEFINITIONS
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1.1 |
"Fees" shall mean the prices for the
Services as set forth in any written
agreement between Customer and
MarkMonitor.
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1.2 |
"Third-Party Costs" shall mean any
costs in addition to Fees required to
facilitate a domain transaction, such as
costs imposed by a foreign locality for
the right to do business in such locality,
ownership change, or trademark
registration.
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1.3 |
"ccTLD" shall mean any country code top
level domains (e.g., .uk., .jp, .tv).
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1.4 |
"gTLD" shall mean any general top level
domains (e.g., .com, .net, .org,
.biz).
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1.5 |
"Portal" shall mean the domain name
management system provided by MarkMonitor
through the portion of website labeled
"Domain Management", which allows the
Customer to register and manage domain
names owned by the Customer and allows the
Customer to submit orders for Services and
track their progress.
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1.6 |
"Automated Domains" shall mean those
domains in which their respective Registry
Operators have fully automated systems
functions (e.g., .com, .net, .org, .biz,
.info, .us, and .cn), which allows
MarkMonitor's Portal to perform certain
real-time management of domain names.
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1.7 |
"Services" shall mean any of the
Services offered through the Portal,
including, registration, transfers,
modifications, domain name management
services, or other services requested by
Customer and provided by MarkMonitor.
Services do not include the services
available through the Trademark Management
and Brand Management portions of the
MarkMonitor Website.
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1.8 |
"Estimate" shall mean the response to
any Order submitted by a Customer in
writing, through the Portal or through
electronic mail.
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1.9 |
"Registry Operators" shall mean the
authorized operators of a top-level domain
(TLD) (e.g., VerisignGRS for the .com
TLD).
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1.10 |
"Transfer" shall mean the service of
changing the registrar of record for a
domain to MarkMonitor as the registrar for
gTLDs and certain ccTLDs, or to change any
of the contact information associated with
a ccTLD to cause the affected domain name
to be managed by MarkMonitor.
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1.11 |
"Modifiable Domain" shall mean a domain
name that can be modified at the Registry
in that such domain is in compliance with
Registry requirements, is paid for, does
not need ownership changes, or other
material changes prior to, or required to
facilitate a modification.
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1.12 |
"Domain Modification" shall mean any
changes to name servers (DNS) or contacts
excluding domain owner (Registrant) of a
Modifiable Domain.
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1.13 |
"Order" shall mean any request for
Services or any request for an Estimate
submitted by a Customer to
MarkMonitor.
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1.14 |
"Primary User" shall mean the person as
identified within the Portal as having the
master username and password.
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1.15 |
"Sub-User" shall mean the person or
persons setup within the Portal as having
unique permissions as designated by the
Primary User.
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2. |
SERVICES
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2.1 |
gTLDs. As an ICANN accredited domain
name registrar, MarkMonitor is, upon
accepting your application to register or
renew a domain name with a gTLD, your
sponsor for that application. All gTLD
domain name registrations we register or
renew are not effective until we have
delivered the domain name registration or
renewal information you provide us to the
Registry Operator for the respective gTLD,
as applicable, and the Registry Operator
puts into effect your domain name
registration or renewal. By agreeing to
the terms and conditions set forth in this
Agreement, you are also agreeing to be
bound by the rules and regulations set
forth by the applicable Registry Operator
for each of their respective registries
and any new Registry Operators for any new
gTLDs that may become available through
MarkMonitor, some of which are described
on Exhibits A-D attached. You acknowledge
that you agree to be bound by all terms
and conditions of ICANN's Uniform Domain
Name Dispute Resolution Policy (the
"UDRP"), as amended from time to time,
which is hereby incorporated and made a
part of this Agreement by reference for
all gTLD domain name registrations or
renewals, as well as any other policies
adopted by ICANN from time to time.
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2.2 |
ccTLDs. If you request Services related
to any ccTLDs, you agree to be bound by
all of the additional terms and conditions
described on Exhibit E hereto. In
addition, you agree to be bound by all of
the additional terms, rules and
regulations of each ccTLD Registry
Operator or registrar utilized, which may
change from time to time, including any
dispute resolution policies adopted by
such Registry Operators. In response to an
Order for ccTLD Services, MarkMonitor
informs the Customer of the information
required by the ccTLD Registry Operators.
Customer is responsible for promptly
gathering the information required by each
ccTLD Registry Operator and for providing
such information to MarkMonitor in the
manner requested. Certain ccTLD Registry
Operators may require certain items such
as letters, corporate Identification
numbers, or other documents to be
submitted either by MarkMonitor or
submitted directly from Customer. Customer
may request administrative and technical
contacts including name servers to be
changed at time of initial transfer for no
additional fee. Third-Party Costs are not
included in the registration or transfer
fee and will be quoted separately for each
domain name.
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2.3 |
Domain Recovery Services. If you
request services related to the
acquisition of a gTLD or ccTLD that is
currently owned by someone other than you,
you agree to be bound by all of the
additional terms and conditions described
in Exhibit G. |
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2.4 |
DNS Services. If you request services
related to domain name system (DNS)
management services, you agree to be bound
by all of the additional terms and
conditions described in Exhibit H. |
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2.5 |
No Guarantee of Registration or
Renewal. You acknowledge and agree that
MarkMonitor cannot guarantee that you will
be able to register, transfer or renew a
desired domain name, even if an inquiry
indicates that domain name is available,
since MarkMonitor cannot know with
certainty whether the requested domain
name is simultaneously being sought by a
third party, or whether there are any
inaccuracies or errors in the domain name
registration or renewal process or related
databases, including the various WHOIS
databases. You also acknowledge and agree
that MarkMonitor is not liable or
responsible in any way for any errors,
omissions or any other actions by any
Registry Operator or registrar arising out
of or related to your application for and
registration of, renewal of, transfer of
or failure to register, transfer or renew
a particular domain name. You further
acknowledge and agree that MarkMonitor may
elect to accept or reject any of your
applications for registration or renewal
for any reason at its sole discretion,
including, but not limited to, rejection
due to a request for registration or
renewal of a prohibited domain name or
rejection due to a potential infringement
of someone else's rights. You also
acknowledge and agree that MarkMonitor is
not liable or responsible in any way for
any errors, omissions or any other actions
by any Registry Operator arising out of or
related to your application for and
registration of, renewal of, or failure to
register or renew a particular domain
name.
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2.6 |
Your Representations. By applying to
register a domain name, or by asking
MarkMonitor to maintain, transfer or renew
a domain name registration, you hereby
represent and warrant to us that (a) the
statements that you made in connection
with such registration, transfer,
maintenance, or renewal are complete and
accurate; (b) to your knowledge, the
registration of the domain name will not
infringe upon or otherwise violate the
rights of any third party; (c) you are not
registering the domain name for an
unlawful purpose; (d) you will not
knowingly use the domain name in violation
of any applicable laws or regulations, and
(e) that you are the rightful owner of any
domain names for which you request a
transfer to MarkMonitor. You agree and
acknowledge that it is your responsibility
to determine whether your domain name
registration infringes or violates someone
else's rights, including, but not limited
to, whether any foreign language
translations of your domain name infringe
or violate someone else's rights.
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2.7 |
Domain Name Registrant. MarkMonitor
considers the entity named as the
Registrant for the domain name at the time
of initial registration with MarkMonitor
as the entity that controls the domain
name.
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2.8 |
User Name and Password. The first time
you apply to use MarkMonitor's Portal, you
will be assigned a username and password.
That username and password are the means
through which you access to certain of the
Services. You acknowledge and agree that
in no event will MarkMonitor be liable for
the unauthorized use or misuse of your
User name or password. You are solely
responsible for maintaining the
confidentiality of your username and
password and for any unauthorized
activities, charges and/or liabilities
made on or through your login name until
we receive notification of any
unauthorized use of your username or
passwords.
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2.9 |
Renewals. The Portal is designed to notify the Primary User contact as identified in the Portal for a domain name at least thirty (30) days before a domain renewal fee is due. MarkMonitor shall update the Portal to automatically renew gTLDs and ccTLDs under management on the first day of each month for any domains expiring within that calendar month. Unless you instruct MarkMonitor otherwise by deactivating your auto-renew status through the Portal for gTLDs prior to the first day of the month of expiration and prior to sixty (60) days from the expiration date for any ccTLDs managed by MarkMonitor, MarkMonitor will assume that the Customer desires to have the expiring domain name renewed. We will charge the credit card you used to secure the initial term of registration with us, or bill your account, as appropriate the following month in accordance with the payment terms described in Section 4. MarkMonitor charges a recovery fee of $150 for any domain names recovered after deletion during the ICANN mandated Redemption Grace Period.
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2.10 |
Transfers. If you will be transferring
domains to MarkMonitor currently
registered with another registrar, you
understand that there may be certain
confirmations and procedures required by
the transferring registrar in order to
complete the transfer process, such as
responding to e-mails acknowledging the
transfer request. You agree to promptly
cooperate with such procedures and you
acknowledge that any delays in your
compliance with the applicable procedures
may delay the effective date of such
transfer to MarkMonitor. 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 MarkMonitor.
Customer understands that MarkMonitor is
only responsible for the submission of the
registrar transfer request to the Registry
and the adding of the domain name to
MarkMonitor's registrar database upon a
successful transfer. MarkMonitor is not
responsible for any action required by the
previous registrar or by the customer to
either facilitate the transfer or expedite
it. Transfers may take from one day to
several days depending on the processes of
the current registrar. Due to the time
constraints involved, MarkMonitor does not
recommend that a Customer request a
registrar transfer within thirty days of
the expiration date of the affected domain
name. Customer understands that
transferring of a domain not owned by the
Customer results in MarkMonitor performing
customer service functions and often
paying the previous registrar to transfer
the domain back on behalf of the rightful
owner. Customer agrees to pay a transfer
reversal Fee of $120.00 for any registrar
transfer affecting a domain name for which
the Customer is not the valid owner.
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2.11 |
Registrant Transfers. You agree that if
you initiate a transfer of registrant
request through MarkMonitor, MarkMonitor
is authorized to process such request
without requiring you to provide any
notarized statements or other proof of
ownership of the affected domain name or
otherwise confirming such transaction with
the registrant of record. In submitting
each such request, you represent and
warrant that: (a) you are the rightful
owner of the domain name affected by the
request, (b) the change of registrant of
the affected domain name will not infringe
upon or otherwise violate the rights of
any third party; (c) the request is not
submitted for an unlawful purpose; (d) you
will not knowingly use the affected domain
name in violation of any applicable laws
or regulations; and (e) before any such
request is submitted through MarkMonitor,
you have received verification from both
parties to the transfer that such transfer
has been duly authorized and approved.
MarkMonitor assumes no liability with
respect to any such transfers. MarkMonitor
has the right to reverse a registrant
transfer request or suspend, transfer or
cancel a domain name affected by such
request for any reason, including, without
limitation, if MarkMonitor has reason to
believe that a registrant transfer was
consummated in error or in violation of
the rights of a third party. Customer
agrees to pay a transfer reversal Fee of
$120.00 for any domain registrant transfer
affecting a domain name for which the
Customer is not the valid owner. |
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2.12 |
Domain Modifications Through the
Portal, Customer may perform all Domain
Modifications affecting Automated Domains
at no charge. Customer agrees that all
other Domain Modifications performed by
MarkMonitor are subject to its standard
Domain Modification Fees.
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2.13 |
Suspension, Cancellation, Transfer or
Modification. You acknowledge and agree
that MarkMonitor may suspend, cancel,
transfer or modify your use of the
Services at any time, for any reason at
its sole discretion. Without limiting the
foregoing, MarkMonitor may suspend,
cancel, transfer or modify your domain
name registration if (a) you materially
breach this Agreement (including any
applicable additional rule or policy) and
do not cure such breach within five (5)
calendar days of notice by MarkMonitor,
(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, or (c) you
use your domain name in connection with
unlawful activity. You further acknowledge
and agree that your domain name
registration is subject to suspension,
cancellation, transfer or modification
pursuant to the terms of any rules or
policies applicable to your domain name
registration, including, but not limited
to (i) the UDRP, (ii) any ICANN adopted
policy, (iii) any Registrar (including
MarkMonitor) or Registry Operator
procedures, (iv) to correct mistakes by
MarkMonitor or the Registry Operator in
registering the name (v) for the
resolution of disputes concerning the
registered domain name, or (vi) any
applicable policy adopted by any ccTLD
Registry Operator. You also agree that
MarkMonitor shall have the right to
suspend, cancel, transfer or otherwise
modify your domain name registration at
such time as MarkMonitor receives (i) a
properly authenticated notification from a
court of competent jurisdiction, or (ii)
an arbitration award requiring the
suspension, cancellation, transfer or
modification of your domain name
registration.
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3. |
ORDERS
Customer agrees that any Orders submitted to
MarkMonitor, are subject to all of the terms and
conditions of these Domain Management Terms. Orders
for Services may be placed by Primary User or any
Sub-User with such permission in the Portal through
the Portal, by e-mail, or telecopy. MarkMonitor may
accept an Order through any of the following means:
(i) entering the Order or domain name into the
Customer's Portal account, or (ii) issuance of an
Estimate describing the specific terms and
conditions applicable to the Services ordered. In
the event an Estimate is issued, Customer agrees to
sign and return the Estimate in the manner
specified therein. Customer's failure to sign the
Estimate may result in MarkMonitor canceling the
Order. Once accepted, no Orders may be cancelled by
Customer. Customer acknowledges that Services which
are unfulfilled for more than six months due to a
failure of Customer to provide requested
information and or documentation will be considered
closed by MarkMonitor and require the Customer to
submit another Order to reinstate the Services
affected.
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4. |
PAYMENT
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4.1 |
Your domain name application, renewal
application, or registrar transfer request
will not be submitted to the applicable
Registry Operator unless we receive actual
payment of the registration, renewal, or
transfer fee, or reasonable assurance of
payment of the registration, renewal, or
transfer fee from some other entity (such
reasonable assurance as determined by
MarkMonitor in its sole discretion).
Customer agrees to pay MarkMonitor for all
Fees charged in connection with any
accepted Orders hereunder. MarkMonitor
shall submit invoices to Customer to the
billing contact or contacts as listed in
the Portal at the beginning of each
calendar month, which shall reference the
Fees associated with all Orders and
recurring Services accepted by MarkMonitor
during the prior month. Invoices may be
paid by check, Visa, MasterCard, American
Express, Discover, and wire transfer,
subject to wire fee of $25.00 for domestic
originations and $50.00 for international
originations. All invoices are due and
payable by Customer within thirty (30)
days of the invoice date or in accordance
with any other payment terms contained in
an Estimate. Any payment not received
within thirty (30) days from the
applicable due date will accrue interest
at a rate of the lesser of one and one
half per cent (1.5%) per month or the
maximum allowable under applicable law. In
the event of a charge back by a credit
card company (or similar action by another
payment provider allowed by us) or other
non-payment by you in connection with your
payment of the registration, renewal, or
registrar transfer fee, you acknowledge
and agree that the registration shall be
transferred to MarkMonitor as the entity
that has paid the registration, renewal,
or transfer fee for that registration to
the registry, and that we reserve all
rights regarding such domain name
including, without limitation, the right
to make the domain name available to other
parties. MarkMonitor will provide up to five (5) separate invoices for Customer selected asset groups; however, MarkMonitor will charge a fee of $1200 for each separately invoiced asset group over the above-mentioned five (5) asset groups.
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4.2 |
The Customer shall not, under any
circumstances, receive any credits or
refunds in connection with any Services
which have been paid in full, including,
without limitation, any a) fraudulent
registration, b) registration in bad
faith, c) loss of a domain dispute via the
Uniform Domain Name Dispute Resolution
Policy or legal action taken by a third
party, c) reversal decision by the
Registry, d) cancellation by MarkMonitor
due to Customer spamming, or other
violations of this agreement by Customer,
e) closed Services, f) cancellation for
any reason by Customer, or g) inability on
the part of any Registry Operator or
registrar to deliver or otherwise complete
the Services requested.
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5. |
TERM AND TERMINATION
The term of this Agreement will commence on the
Effective Date and shall continue during the period
in which receive any Services hereunder.
MarkMonitor may terminate the Agreement, with or
without cause, upon thirty (30) days' notice to
you. Any termination of this Agreement shall not
relieve Customer of any obligations to pay Fees and
Third-Party Costs accrued prior to the termination
date and any other amounts owed by Customer to
MarkMonitor as provided in this Agreement. Upon
termination of this Agreement, MarkMonitor will
have no obligation to pay renewal Fees beyond that
which was pre-paid by Customer. It is Customer's
responsibility to modify billing contacts of domain
names in order to receive renewal notices directly.
MarkMonitor is not responsible to file, forward, or
in anyway administer renewal notices beyond that
which MarkMonitor has received applicable Fees for
by Customer. The terms set forth in Sections
2.1-2.6, 2.9-2.12, 4, and 5 - 10 shall survive the
cancellation, termination or expiration of this
Agreement.
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6. |
DOMAIN NAME REGISTRATION INFORMATION AND ITS
USE
You hereby acknowledge and agree that, in
connection with your use of certain of
MarkMonitor's Services, you are required to provide
certain information and to update promptly this
information as needed to keep it current, complete
and accurate. The information you are obligated to
provide and keep current in connection with your
use of MarkMonitor's domain name registration,
administration, and renewal services is the
following:
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6.1 |
Your full name (or the name of the
authorized person for contact purposes, if
registration is for an organization,
corporation or association), postal
address, email address, voice telephone
number, and fax number, if available (or
if different, that of the domain name
holder);
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6.2 |
The domain name being registered;
and
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6.3 |
The name, postal address, email
address, voice telephone number, and where
available, fax number for the
administrative contact, technical contact
and billing contact for the domain name
registration. You acknowledge and agree
that when you renew a 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, the registration may
not be renewed. In addition to the
information you provide, we maintain
records relating to any domain name
application received by MarkMonitor, as
well as any domain name registered
through, administered, or renewed by
MarkMonitor. We also maintain records
relating to other services that we provide
to you. These records may include, but are
not limited to:
You acknowledge and agree that MarkMonitor
owns all database, compilation, collective
and similar rights, title and interests
worldwide in our domain name and other
proprietary information databases, and all
information and derivative works generated
from those databases. Additionally, you
hereby grant to MarkMonitor a
nonexclusive, worldwide, perpetual,
irrevocable, fully paid-up right and
license to use in our business, however it
evolves, including the rights to copy,
distribute, display, perform, transmit,
prepare derivative works from or otherwise
use without restriction the following
information: (i) the original creation
date of a domain name registration, (ii)
the expiration date of a domain name
registration, (iii) the name, postal
address, email address, voice telephone
number, and where available fax number of
the technical contact, administrative
contact, zone contact and billing contact
for a domain name registration, (iv) any
remarks concerning a registered domain
name that appear or should appear in a
WHOIS or similar database, and (v) any
other information wegenerate or obtain in
connection with the provision of the
Services. MarkMonitor does not have any
ownership interest in your specific
personal registration information or other
information other than our rights in our
domain name database, as set forth in this
Section.
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The original creation date of
a domain name registration,
renewal, or request for
service;
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| B. |
The submission date and time
of a registration or renewal
application to us and by us to
the proper registry;
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| C. |
Communications (electronic or
paper form) constituting
submissions, forwarding,
modifications, or terminations of
service and related
correspondence between you and
us;
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| D. |
Records of your account,
including dates and amounts of
all payments and refunds;
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| E. |
The IP addresses of the
primary name server and any
secondary name servers for the
domain name;
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| F. |
The corresponding names of
those name servers;
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| G. |
The name, postal address,
email address, voice telephone
number, and where available, fax
number of the zone contact for a
domain name;
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| H. |
The expiration date of a
domain name registration; and
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| I. |
Information regarding all
other activity between you and us
regarding your use of the
Services. You acknowledge and
agree that willfully providing
inaccurate or unreliable
information or willfully failing
to update information promptly
will constitute a material breach
of this Agreement that will be
sufficient basis for cancellation
of your domain name registration.
You further acknowledge and agree
that your failure to respond for
over fifteen (15) calendar days
to inquiries by MarkMonitor
concerning the accuracy of
contact details associated with
your domain name registration
shall constitute a material
breach of this Agreement and will
be sufficient basis for
cancellation of your domain name
registration. You acknowledge and
agree that MarkMonitor may make
available information you provide
or that we otherwise maintain to
such third parties as applicable
laws require or permit. You
further acknowledge and agree
that MarkMonitor 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 BulkWhois
requirements specified by ICANN)
or for targeted marketing and
other purposes as required or
permitted by applicable laws. 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 or
use of any Services (including
any updates to such information).
We agree that we will take
reasonable precautions to protect
data about any identified or
identifiable natural person from
loss, misuse, unauthorized access
or disclosure, alteration or
destruction in accordance with
the limitations described in this
Agreement.
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7. |
AGENTS AND LICENSES
You agree that, if you are using the Services for
someone else, you represent that you have the
authority to nonetheless bind that person as a
principal to all terms and conditions provided
herein, including the Dispute Policy. You accept
liability for harm caused by wrongful use of the
Services. You agree that if you license the use of
a domain name registered in your name 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.
As further required by ICANN, you shall accept
liability for harm caused by wrongful use of the
domain name, unless you promptly disclose the
identity of the licensee to a party providing you
with reasonable evidence of actionable harm. In the
event that (i) in applying for the registration of
a domain name you are providing information about a
third party, or (ii) you license a domain name
registered in your name to a third party, you
hereby represent and warrant 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. Customer agrees that
as long as MarkMonitor is currently providing
Services to Customer, that Customer will allow
MarkMonitor to list Customer's company name, in
text format only, on its client list currently
located on its website.
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8. |
LIMITATION AND INDEMNIFICATION
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8.1 |
THE SERVICES ARE PROVIDED TO CUSTOMER
"AS IS." EXCEPT FOR OUR STATEMENT
REGARDING OUR ACCREDITATION AS AN
ICANN-APPROVED DOMAIN NAME REGISTRAR,
MarkMonitor MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS
OR IMPLIED, IN CONNECTION WITH THIS
AGREEMENT OR THE SERVICES, INCLUDING BUT
NOT LIMITED TO WARRANTIES OF
MERCHANTABILITY OR FITNESS FOR A
PARTICULAR PURPOSE. WITHOUT LIMITING THE
FOREGOING, MarkMonitor MAKES NO
REPRESENTATIONS OR WARRANTIES THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER
THIS AGREEMENT WILL IMMUNIZE CUSTOMER
EITHER FROM CHALLENGES TO ITS DOMAIN NAME
REGISTRATION, OR FROM SUSPENSION,
CANCELLATION OR TRANSFER OF THE DOMAIN
NAME REGISTERED TO CUSTOMER. YOU AGREE
THAT MarkMonitor, ICANN AND/OR ANY
REGISTRY OPERATOR WILL NOT BE LIABLE,
UNDER ANY CIRCUMSTANCES, FOR ANY (i)
SUSPENSION, LOSS, OR MODIFICATION OF YOUR
DOMAIN NAME REGISTRATION, (ii) USE OF YOUR
DOMAIN NAME REGISTRATION, (iii)
UNAVAILABILITY OF SERVICES OR ANY FEATURES
THEREOF OR ANY INTERRUPTION OF BUSINESS,
(iv) ACCESS DELAYS OR ACCESS INTERRUPTIONS
TO THIS SITE OR THE WEB SITE(S) ACCESSED
BY THE DOMAIN NAME REGISTERED IN YOUR
NAME, (v) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER
MODIFICATION, (vi) EVENTS BEYOND
MarkMonitor'S OR ANY REGISTRY OPERATOR'S
REASONABLE CONTROL, (vii) THE PROCESSING
OF YOUR DOMAIN NAME APPLICATION OR OTHER
SERVICE APPLICATION, (viii) APPLICATION OF
ANY RELEVANT DISPUTE POLICY OR ANY OTHER
ICANN (OR SIMILAR GOVERNMENTAL OR
SUCCESSOR ORGANIZATION) ADOPTED POLICIES,
(ix) THE MISUSE OF YOUR USERNAME AND
PASSWORD, OR (x) LOSSES RESULTING FROM
ERRORS, OMISSIONS OR MISSTATEMENTS IN ANY
INFORMATION OR SERVICES PROVIDED UNDER
THIS AGREEMENT.
|
|
8.2 |
NEITHER MarkMonitor NOR ANY REGISTRY
OPERATOR 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
MarkMonitor AND/OR ANY REGISTRY OPERATOR
HAS BEEN ADVISED OF THE POSSIBILITY OF
SUCH DAMAGES. IN NO EVENT SHALL
MarkMonitor'S AND/OR ANY REGISTRY
OPERATOR'S MAXIMUM AGGREGATE LIABILITY
EXCEED THE TOTAL AMOUNT PAID BY YOU FOR
THE SERVICES, BUT IN NO EVENT GREATER THAN
FIVE HUNDRED DOLLARS ($500.00). 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 MAXIMUM EXTENT
PERMITTED BY LAW.
|
|
8.3 |
You agree to defend, indemnify and hold
harmless MarkMonitor, ICANN and/or any
Registry Operator (including any parents,
subsidiaries, shareholders, members,
officers, directors, employees,
affiliates, agents and subcontractors of
MarkMonitor and/or any Registry Operator)
from any third party claim, action or
demand, resulting in loss, damages or
costs (including reasonable attorney's
fees and expenses) due to, arising out of
or related to: (i) your use of the
Services, (ii) your application for and
registration of, or failure to register or
renew, a particular domain name; (iii)
your use of any domain name registered in
your name; (iv) your breach of this
Agreement; (v) any disputes involving the
intellectual property rights of others;
(vi) processing any registrant transfers
in accordance with this Agreement; and
(vii) your use of any domain name affected
by any transfer of registrant request.
This indemnification is in addition to any
indemnification required under the UDRP or
any similar policy.
|
|
|
9. |
CONDUCT
You may access and use the Services for lawful
purposes only and you are solely responsible for
the knowledge and adherence to any and all laws,
statutes, rules and regulations pertaining to your
use of the Services. You agree that you will not
(i) use the Services to commit a criminal offense
or to encourage conduct that would constitute a
criminal offense or give rise to a civil liability,
or otherwise violate any local state, Federal or
international law or regulation; (ii) upload or
otherwise transmit any content that you do not have
a right to transmit under any law or contractual or
fiduciary duty; (iii) interfere or infringe with
any trademark or proprietary rights of any other
party; (iv) interfere with the ability of other
users to access or use the Services; (v) claim a
relationship with or to speak for any individual,
business, association, institution or other
organization for which you are not authorized to
claim such a relationship; (vi) interfere with or
disrupt the Services or servers or networks
connected to the Services, or disobey any
requirements, procedures, policies or regulations
of networks connected to the Services; or (vii)
reproduce, duplicate, copy, use, distribute, sell,
resell or otherwise exploit for any commercial
purposes any portion of the Services.
|
|
10. |
GENERAL
You acknowledge that the Internet, domain name
system and the practice of registering and
administering domain names are evolving, and
therefore you agree that MarkMonitor may modify or
amend this Agreement, as well as any additional
rules or policies that are or may be published by
MarkMonitor, by notice to you through any means
(including, without limitation, through e-mail or
through posting the revised terms on MarkMonitor's
website), as necessary to comply with MarkMonitor's
ICANN agreement, or with any other agreements that
MarkMonitor is currently bound by or will be bound
by in the future, as well as to adjust to changing
business circumstances. Your continued use of any
domain name registered through MarkMonitor shall
constitute your acceptance of this Agreement as
well as additional rules or policies that are or
may be published by MarkMonitor, each with the new
modifications. 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. Except as
otherwise set forth in the UDRP or any similar
policy with respect to any dispute over your 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 Idaho, as
if the Agreement was a contract wholly entered into
and wholly performed within the State of Idaho. You
agree and acknowledge that any acceptance of your
application for the Services and the performance
thereof will occur at our offices in Boise, Idaho,
the location of our principal place of business.
Except as otherwise set forth in the UDRP or any
similar policy with respect to any dispute over
your domain name registration, any action to
enforce this Agreement or any matter relating to
your use of the MarkMonitor site shall be brought
exclusively in the United States District Court for
theDistrict of Idaho, or if there is no
jurisdiction in such court, then in a state court
in Ada County, Idaho.Notwithstanding the foregoing,
for the adjudication of disputes 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 MarkMonitor's headquarters
are located, currently Boise, Idaho. These Domain
Management Terms, the Exhibits hereto, as well as
any additional rules and policies adopted by
MarkMonitor from time to time, constitute the
complete and exclusive agreement between you and
MarkMonitor concerning your use of the Services,
and supersede and govern all prior proposals,
agreements, or other communications; provided,
however, if you have executed a written agreement
with MarkMonitor with respect to the Services, such
written agreement shall govern your use of the
Services, subject to any additional terms that may
be contained in the Exhibits hereto and or any
MarkMonitor polices adopted from time to time. All
notices shall be made in writing and shall be sent
by mail or telecopy to the addresses set forth on
the signature page of this Agreement. Nothing
contained in this Agreement shall be construed as
creating any agency, partnership, or other form of
joint enterprise between the parties. In the event
that any provision of this Agreement shall be
unenforceable or invalid under any applicable, such
unenforceability or invalidity shall not render
this Agreement unenforceable or invalid as a whole.
MarkMonitor 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 MarkMonitor as reflected
in the original provision. Except as set forth
herein, this Agreement may not be amended, waived
or modified by either party except by means of a
written document signed by both Customer and an
authorized representative of MarkMonitor. Customer
agrees to maintain the confidentiality of, and not
to disclose to any third party, the terms of this
Agreement or the Fees charged hereunder, except as
necessary in connection with any legal action or
proceedings.
|
- Revised 1/27/04
EXHIBIT A
.BIZ TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT A ARE SPECIFIC TO
.BIZ REGISTRATION SERVICE (REFERRED TO COLLECTIVELY AS ".BIZ
SERVICE"). ANY PROVISION CONTAINED IN THIS EXHIBIT A, WHICH
CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL
CONTROL, AS IT RELATES TO THE .BIZ SERVICE.
|
| 1. |
Your Representations
You represent and warrant that you are at least
eighteen (18) years of age or older and are either
an owner of a registered or common law trademark or
service mark ("Owner") or the duly authorized agent
of an Owner ("Agent") (collectively, "you") in
connection with the .biz Service and submitting an
IP Claim (as defined below) on behalf of an
Owner(s).
|
|
2. |
License to Use Data/Privacy
By submitting an IP Claim and/or a .biz domain name
application, you hereby grant MarkMonitor, as well
as any of its agents or subcontractors, a limited,
royalty-free, non-exclusive worldwide license to
use all of the data contained in the IP Claim and
.biz application service solely for the purposes of
implementing the Service, processing your IP Claim,
notifying Applicants of your IP Claim, registering
your .biz extension if awarded by Registry Operator
("Neulevel") and for notifying you of changes to
the .biz Service, for archival purposes.
|
|
3. |
Third Party Beneficiary
Neulevel is an intended third party beneficiary of
the terms and conditions set forth in this
Agreement with rights to enforce this Agreement.
You will cooperate in good faith with NeuLevel or
MarkMonitor in investigating instances of
non-compliance with this Agreement, if NeuLevel or
MarkMonitor believes in good faith that you are not
in compliance with this Agreement.
|
|
4. |
.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 (1) the exchange of
goods, services, information, or property
of any kind; or, (2) the ordinary course
of trade or business.
|
Registering a domain name solely for the purposes
of (1) selling, trading or leasing the domain name
for compensation, or (2) the unsolicited offering
to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide
business or commercial use" of that domain
name.
|
|
5. |
.BIZ Certification
As a .biz domain name registrant, you hereby
certify to the best of your knowledge that:
| i. |
The registered domain name will be used
primarily for bona fide business or
commercial purposes and not (a)
exclusively for personal use; or (b)
solely for the purposes of (1) selling,
trading or leasing the domain name for
compensation, or (2) the unsolicited
offering to sell, trade or lease the
domain name for compensation. For more
information on the .biz restrictions,
which are incorporated herein by
reference, please see:
http://www.neulevel.biz/ardp/index.html
|
| ii. |
The domain name registrant has the
authority to enter into the registration
agreement; and
|
| iii. |
The registered domain name is
reasonably related to the registrant's
business or intended commercial purpose at
the time of registration. |
|
| 6. |
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
bulk 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 when 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 any ICANN/Registry
Policy.
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|
|
7. |
Domain Name Dispute Policy
If you reserved or registered a .biz domain name
through us, you agree to be bound by Neulevel's
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/rdrp.html.
|
| iii. |
The Restrictions Dispute Resolutions
Criteria and Rules ("RDRP") available at
http://www.neulevel.biz/ardp/index.htm
|
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 is a service
introduced by Registry Operator to notify a
trademark or service mark holder ("Claimant") that
a second-level domain name has been registered in
which that Claimant claims intellectual property
rights. In accordance with the STOP and its
associated Rules, those Claimants will have the
right to challenge registrations through
independent ICANN-accredited dispute resolution
providers.
The UDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and
any party other than the Registry Operator or
Registrar over the registration and use of an
Internet domain name registered by Registrant. The
RDRP sets forth the terms under which any
allegation that a domain name is not used primarily
for business or commercial purposes shall be
enforced on a case-by-case, fact specific basis by
an independent ICANN-accredited dispute provider.
None of the violations of the Restrictions will be
enforced directly by or through Registry Operator
or MarkMonitor. Neither Registry Operator nor
MarkMonitor will 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 RDRP or UDRP processes.
|
|
8. |
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may
modify our dispute policy in accordance with
modifications made by ICANN or Neulevel. 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.
|
|
9. |
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 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.
|
|
10. |
Reservation of Rights
MarkMonitor 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 MarkMonitor AND/OR NEULEVEL, INC, AS WELL
AS, THEIR AFFILIATES, SUBSIDIARIES, OFFICERS,
DIRECTORS AND EMPLOYEES. MarkMonitor AND NEULEVEL,
INC. ALSO RESERVE THE RIGHT TO FREEZE A DOMAIN NAME
DURING RESOLUTION OF A DISPUTE.
|
|
1. |
SERVICE DESCRIPTION
Please refer to the following URLs for a service
description of the .name domain and email
forwarding services:
|
1.1 |
Domains: - Appendix C pt. 1 A of the
agreement between The Internet Corporation
for Assigned Names and Numbers ("ICANN")
and The Global Name Registry, Limited
("the ICANN Agreement"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
|
i. |
Appendix L of the ICANN
Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
(b) Email forwarding:
|
|
ii. |
Appendix C pt. 1 D of the
ICANN Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
|
|
iii. |
Appendix L of the ICANN
Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
|
|
|
1.2 |
name 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.
|
|
1.3 |
.name CERTIFICATIONS - As a .name
domain name Registrant, you hereby certify
that:
|
a. |
You have the authority to
enter into this Agreement;
and
|
|
b. |
The registered domain name or
.name email address is your
Personal Name.
|
|
|
|
2. |
PROVISION OF REGISTRATION DATA
|
2.1 |
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"). 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.
|
|
2.2 |
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 policy. The Global Name Registry,
Limited ("Registry Operator") may share
your personal data with third parties that
act as subcontractors to it for the
purposes of this Agreement, and you agree
that your personal data may be shared with
Registry Operator's subcontractors. You
also agree that from time to time,
Registry Operator may share some of your
personal data, such as your address and
postcode, with third parties who are
conducting, on behalf of Registry
Operator, market analysis.
|
|
2.3 |
DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name
domain name through us, you agree to be
bound by the 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. 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. |
Eligibility Requirements (the
"Eligibility Requirements"),
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
|
|
b. |
the Eligibility Requirements
Dispute Resolution Policy (the
"ERDRP"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
|
|
c. |
the Uniform Domain Name
Dispute Resolution Policy (the
"UDRP"), available at
http://www.icann.org/dndr/udrp/policy.htm.
|
|
|
2.4 |
Personal Name domain names and Personal
Name email addresses will be granted on a
first-come, first-served basis, except for
registrations granted as a result of a
dispute resolution proceeding. According
to the Eligibility Requirements, 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.
|
|
2.5 |
The ERDRP applies to challenges to (i)
registered domain names and email address
registrations within .name on the grounds
that a Registrant does not meet the
Eligibility Requirements, and (ii) to
Defensive Registrations within .name.
|
|
2.6 |
The UDRP applies to complaints by
trademark or service mark owners
concerning the registration and use of an
Internet domain name registered by a
Registrant.
|
|
|
3. |
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that Registry Operator may modify the
dispute policy from time to time. Registry Operator
will post any such revised policy on its 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 .name 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.
|
|
4. |
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 the 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 MarkMonitor 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.
|
|
5. |
.NAME EMAIL
|
5.1 |
The service for which you have
registered may, at your option, include
.name Email. To the extent you opt to use
.name Email, you are obliged to do so in
accordance with all applicable legislation
and are responsible for all use of .name
Email, including the content of messages
sent through .name Email.
|
|
5.2 |
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
http://www.nic.name/downloads/aup.pdf, as
well as the following restrictions.
Without prejudice to the foregoing, you
undertake not to use .name Email:
|
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 .name Email.
|
|
5.3 |
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 .name Email.
|
|
5.4 |
You understand and agree that Registry
Operator may delete material that does not
conform to clause 5.3 above or that in
some other way constitutes a misuse of
,name Email. You further understand and
agree that Registry Operator is at liberty
to block your access to .name Email if you
use .name Email in a way that contravenes
this Agreement. You will be given prior
warning of discontinuation of the .name
Email 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 .name Email without notice if
the technical stability of .name Email is
threatened in any way, or if you are in
breach of this Agreement. On discontinuing
.name Email, Registry Operator is not
obliged to store any contents or to
forward unsent email to you or a third
party.
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5.5 |
You understand and agree that to the
extent Registry Operator is required by
law to disclose certain information or
material in connection with your .name
Email, Registry Operator will do so in
accordance with such requirement and
without notice to you.
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6. |
RESERVATION OF RIGHTS
MarkMonitor and Registry Operator 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 MarkMonitor
and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and
employees. MarkMonitor and Registry Operator also
reserve the right to freeze a domain name during a
resolution of a dispute.
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7. |
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 registration
requests prior to live SRS launch, including,
without limitation, your ability or inability to
obtain a .name domain name or .name Email address
registration using these processes; or (ii) any
dispute over any .name domain name, .name Email
address, Defensive Registration or NameWatch
Registration, including the decision of any dispute
resolution proceeding related to any of the
foregoing.
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8. |
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Registry Operator, and its directors, officers,
employees, affiliates 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 and your breach of this Agreement.
This indemnification obligation is in addition to
the indemnification obligations contained in the
Domain Management Terms and will survive the
termination or expiration of this Agreement.
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II. Terms and Conditions applicable to .name Defensive
Registrations
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|
1. |
DEFENSIVE REGISTRATIONS
|
1.1 |
Defensive Registrations allow owners of
trademarks 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 registrant which aims to prevent a third
party from registering either (i) any
variation of a trademark (a Premium
Defensive Registration), or (ii) an exact
match of a trademark (a Standard Defensive
Registration), which registration will not
resolve within the domain name system.
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1.2 |
Please refer to the following URLs for
a service description of .name defensive
registrations:
|
a. |
Appendix C Pt 1 B of the
agreement between the Internet
Corporation for Assigned Names
and Numbers ("ICANN") and The
Global Name Registry, Limited
("the ICANN Agreement"),
available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
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|
b. |
Appendix L of the ICANN
Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
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|
c. |
Section 1.3 of the
Registry-Registrar Agreement
between Registrar and The Global
Name Registry, Limited ("the
RRA"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm
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1.3 |
Anyone may apply and register a
Defensive Registration, for any string or
combination of strings.
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2. |
PROVISION OF REGISTRATION DATA
|
2.1 |
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. Registry Operator
may share such personal data with third
parties that act as subcontractors to it
for the purpose of this Agreement, and you
agree that your personal data may be
shared with the Registry Operator's
subcontractors. You also agree that from
time to time Registry Operator may share
some of your personal data, such as your
address and postcode, with third parties
who are conducting, on behalf of Registry
Operator, market analysis.
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2.2 |
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.
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2.3 |
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 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.
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3. |
DOMAIN NAME DISPUTE POLICY
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") at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
which is incorporated herein and made an integral
part hereof; (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 of the ERDRP.
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4. |
DEFENSIVE REGISTRATION DISPUTE POLICY
MODIFICATIONS
You agree that Registry Operator may modify the
dispute policy. Registry Operator will post any
such revised policy on its 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.
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5. |
DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is
challenged by a third party, you will be subject to
theprovisions 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
MarkMonitor 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.
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6. |
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 the
second level PQR.name, and the third level
registrations ANYSTRING.PQR.name and
PQR.ANYSTRING.name and their corresponding email
addresses), 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 10 days to respond to a request for
consent.
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7. |
RESERVATION OF RIGHTS
MarkMonitor and Registry 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
MarkMonitor and/or Registry Operator, as well as
their affiliates, subsidiaries, officers, directors
and employees. MarkMonitor and Registry Operator
also reserve the right to freeze a Defensive
Registration during a resolution of a dispute.
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8. |
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 Defensive Registration using
these processes; or (ii) any dispute over any .name
domain name, .name email address, Defensive
Registration or NameWatch Registration, including
the decision of any dispute resolution proceeding
related to any of the foregoing.
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9. |
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Registry Operator, and its directors, officers,
employees, affiliates 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 and your breach of this Agreement.
This indemnification obligation is in addition to
any other indemnification obligations contained in
the Domain Management Terms and will survive the
termination or expiration of this Agreement.
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III. TERMS AND CONTITIONS APPLICABLE TO NAMEWATCH
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|
1. |
NAMEWATCH
The NameWatch service allows monitoring of all
registrations on the .name gTLD. Any registration
of a .name, both Domain Names and .name Email,
where the trademark/string is included, will
trigger notification. This will allow the
intellectual property holder early identification
of potential threats. The reports, which cover both
Domain Names and .name Email, are available daily,
weekly or monthly and can significantly increase
the trademark holder's protection and follow-up of
the trademark; provided that neither The Global
Name Registry, Limited ("Registry Operator") nor we
provide no guarantee that any potential threats
will be identified.
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2. |
SERVICE DESCRIPTION
Please refer to the following URLs for a service
description of the .name domain and email
forwarding services:
|
A. |
Appendix C Pt 1 C of the agreement
between the Internet Corporation for
Assigned Names and Numbers ("the ICANN
Agreement"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
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B. |
Sections 1.3 and 1.8 of the
Registry-Registrar Agreement between
Registrar and The Global Name Registry,
Limited ("the RRA"), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm
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3. |
PROVISION OF REGISTRATION DATA
|
3.1 |
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 provided at the time of
registration, including: your full name
and postal address, email address, voice
telephone number, and fax number, if
available. The provision of this data will
be instrumental in the provision of the
NameWatch service by Registry Operator, as
NameWatch reports and requests for updates
on registration information will be sent
to you by email. You understand that the
foregoing registration data may be
transferred from one registrar to another
or outside of the European Community, such
as to the United States, and you expressly
consent to such transfer and/or
export.
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3.2 |
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 Registry Operator's
agreement with the Internet Corporation
for Assigned Names and Numbers ("ICANN")
or an ICANN Policy. Registry Operator may
share your personal data with third
parties that act as subcontractors to it
for the purposes of this Agreement, and
you agree that your personal data may be
shared with Registry Operator's
subcontractors. You also agree that from
time to time, Registry Operator may share
some of your personal data, such as your
address and postcode, with third parties
who are conducting on behalf of Registry
Operator, market analysis.
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|
4. |
DOMAIN NAME DISPUTE POLICY
If you have subscribed for the NameWatch service,
to the extent that you dispute any Domain Name or
.name Email that is registered with Registry
Operator, 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-8aug03.htm
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|
b. |
the Eligibility Requirements Dispute
Resolution Policy (the "ERDRP"), available
at
http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
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|
c. |
the Uniform Domain Name Dispute
Resolution Policy (the "UDRP"), available
at
http://www.icann.org/dndr/udrp/policy.htm.
|
The UDRP applies to complaints by trademark or
service mark owners concerning the registration and
use of an Internet domain name registered by a
Registrant.
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5. |
DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You agree that Registry Operator may modify the
dispute policy from time to time. Registry Operator
will post any such revised policy on its 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 .name Email 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.
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6. |
DOMAIN NAME DISPUTES
You agree that, if you challenge a Domain Name or
.name Email registered by a third party, you will
be subject to the provisions specified in the
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 MarkMonitor harmless pursuant to
the terms and conditions set forth below in this
Agreement.
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7. |
RESERVATION OF RIGHTS
MarkMonitor and Registry Operator expressly reserve
the right to deny or cancel any NameWatch
subscription 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 MarkMonitor
and/or Registry Operator, as well as their
affiliates, subsidiaries, officers, directors and
employees.
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8. |
DISCLAIMER
Registry Operator will make every effort to
maintain the completeness and accuracy of any
results of the NameWatch, but cannot guarantee that
the results are error-free. You understand,
therefore, that any reports provided through the
NameWatch service are on an "as is" basis without
any warranties. BY USING NAMEWATCH REPORTS AND THE
INFORMATION CONTAINED HEREIN OR THEREIN, IT IS
ACCEPTED THAT REGISTRY OPEATOR IS NOT LIABLE FOR
ANY DAMAGES OF ANY KIND ARISING OUT OF, OR IN
CONNECTION WITH, THE REPORT OR THE INFORMATION
CONTAINED, NOR OMISSIONS OR MISSING INFORMATION.
THE RESULTS OF ANY NAMEWATCH REPORT CANNOT BE
RELIED UPON IN CONTEMPLATION OF LEGAL PROCEEDINGS
WITHOUT FURTHER VERIFICATION NOR DO SUCH RESULTS
CONSTITUTE A LEGAL OPINION. Acceptance of the
results of the NameWatch service constitutes
acceptance of these terms, conditions and
limitations.
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9. |
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 NameWatch
reports; or (ii) any dispute over any .name Domain
Name, .name Email address or Defensive
Registration, including the decision of any dispute
resolution proceeding related to any of the
foregoing.
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10. |
INDEMNIFICATION
You agree to indemnify, defend and hold harmless
Registry Operator, and its directors, officers,
employees, affiliates 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 and your breach of this Agreement.
This indemnification obligation is in addition to
the indemnification obligations under the Domain
Management Terms and will survive the termination
or expiration of this Agreement.
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EXHIBIT D
US AND KIDS.US TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT D ARE SPECIFIC TO
THE .US AND KIDS.US REGISTRATION SERVICE (REFERRED TO
COLLECTIVELY AS ".US SERVICE"). ANY PROVISION CONTAINED IN
THIS EXHIBIT D, WHICH CONFLICTS WITH ANY OTHER PROVISION OF
THIS MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL
CONTROL, AS IT RELATES TO THE .US SERVICE.
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|
1. |
Indemnification
You agree to defend, indemnify and hold harmless
MarkMonitor and the usTLD Administrator (currently,
NeuStar), and its directors, officers, employees
representatives, agents, affiliates, stockholders,
successors and assigns from and against all claims,
suits actions, other proceedings, damages,
liabilities, costs and expenses of any kind,
including, without limitation, reasonable legal
fees and expenses, arising out of or relating to
the Registrant's (i) .us domain name registration
and (ii) use of any registered .us domain name
registration. This indemnification will survive the
termination or expiration of the Registration
Services Agreement.
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2. |
Fees
MarkMonitor's $5 non-refundable fee for the
Pre-Validation Service shall be due immediately and
is non-refundable if NeuStar does not select your
.us application. In addition, MarkMonitor's
registration fees are due and payable prior to
submission by MarkMonitor of any request for a .us
domain name registration, subject to a refund in
the event that the registration is not successful.
MarkMonitor, or its agents or subcontractors, may
take all remedies to collect fees owed.
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3. |
Transfers
You acknowledge and agree that you will be
prohibited from transferring your .us domain name
registration during the first sixty (60) days after
your initial registration.
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4. |
Agents
You agree that, if your agent (e.g., an attorney,
employee, etc.) submits a .us domain name
application on your behalf, you are nonetheless
bound as a principal by all of the terms of use
described herein. Your continued use of the .us
Service shall ratify any unauthorized actions of
your agent. By acting on your behalf, your agent
certifies that he or she is authorized to use the
.us Service on your behalf, that he or she is
authorized to bind you to these terms and
conditions and that he or she has apprised you of
these terms and conditions.. In addition, you are
responsible for any errors made by your agent.
MarkMonitor will not refund fees paid by you or
your agent on your in the event that your agent
fails to comply with this Agreement, your agent
incorrectly provides information in the application
form or the .if your agent changes or otherwise
modifies your .us application incorrectly. Agent
will indemnify and hold harmless MarkMonitor and
its officers, directors, employees, agents,
affiliates and subcontractors for any claims
brought by Owner or Third Parties relating to the
use of the .us Service.
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|
5. |
Disclaimer of Warranty, Limitation of
Liability
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE .US
SERVICE IS AT YOUR OWN RISK. NEITHER MarkMonitor
NOR NEUSTAR NOR EACH OF THEIR PARENTS,
SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS WARRANT THAT THE .US SERVICE WILL BE
UNINTERRUPTED OR ERROR-FREE; NOR DO THEY MAKE ANY
WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED
FROM THE USE OF THE .US SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
INFORMATION SPECIFICALLY PROVIDED BY MarkMonitor
FOR USE DURING THE SUNRISE PERIOD. THE .US SERVICE
IS PROVIDED ON AN "AS IS, "AS AVAILABLE" BASIS
WITHOUT REPRESENTATIONS OR WARRANTIES OF ANY KIND,
EITHER EXPRESS OR IMPLIED, INCLUDING BUT NOT
LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSES AND
NON-INFRINGEMENT. IN NO EVENT WILL MarkMonitor NOR
NEUSTAR NOR EACH OF THEIR PARENTS, SUBSIDIARIES,
SHAREHOLDERS, MEMBERS, OFFICERS, DIRECTORS,
EMPLOYEES, AFFILIATES, AGENTS OR SUBCONTRACTORS BE
LIABLE TO YOU OR ANY THIRD PARTY FOR ANY
INCIDENTAL, INDIRECT, SPECIAL OR CONSEQUENTIAL
DAMAGES (EVEN IF ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES), ARISING OUT YOUR USE OF OR INABILITY TO
ACCESS OR USE THE .US SERVICE, INCLUDING WITHOUT
LIMITATION, LOSS OF REVENUE OR ANTICIPATED PROFITS,
LOSS OF GOODWILL, LOST BUSINESS, LOST DATA,
COMPUTER FAILURE OR MALFUNCTION, OR ANY AND ALL
OTHER DAMAGES OR LOSSES THAT RESULT FROM MISTAKES,
INACCURATELY ENTERED DATA, UNAUTHORIZED USE,
OMISSIONS, INTERRUPTIONS, ERRORS, DEFECTS, DELAYS
IN OPERATION, OR ANY FAILURE OF PERFORMANCE,
WHETHER OR NOT LIMITED TO ACTS OF GOD,
COMMUNICATIONS FAILURE, THEFT, DESTRUCTION OR
UNAUTHORIZED ACCESS TO INSTITUTIONS RECORDS,
PROGRAMS OR SERVICES. YOU AGREE THAT THE FOREGOING
LIMITATIONS OF LIABILITY REPRESENT A REASONABLE
ALLOCATION OF RISK.
IN NO EVENT, SHALL MarkMonitor BE LIABLE TO YOU FOR
ANY AMOUNT EXCEEDING THE AMOUNT OF FEES PAID BY YOU
FOR THE APPLICABLE SERVICE, BUT IN NO EVENT GREATER
THAN FIVE HUNDRED DOLLARS ($500).
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6. |
Third Party Beneficiary
NeuStar is an intended third party beneficiary of
the terms and conditions set forth in this
Agreement with rights to enforce this Agreement.
You will cooperate in good faith with NeuStar or
MarkMonitor in investigating instances of
non-compliance with this Agreement, if NeuStar or
MarkMonitor believes in good faith that you are not
in compliance with this Agreement.
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7. |
Subcontractors
In the course of providing the .us Service,
MarkMonitor may retain independent contractors or
assign or subcontract to or otherwise have any
third party perform any or all of the .us Service
at any time.
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8. |
.us Restrictions
Registrations in the .us cc TLD must be in
compliance with all of the usTLD nexus requirements
(www.neustar.us/policies/docs/ustld_nexus_requirements.pdf),
which are incorporated herein by this reference, at
the time of registration and throughout the use of
the .us domain names. In addition, all .us ccTLD
domain names requested during the Sunrise Period
must be in compliance with the specific sunrise
trademark requirements, which are located at
www.neustar.us/register/sunrise/index.html. You
agree that your failure to abide by the .US Nexus
Requirements shall be a basis of cancellation of
your .us domain name. You agree to complete,
execute and deliver to MarkMonitor a written copy
of the .usTLD Questionnaire demonstrating
compliance with the usTLD nexus requirements.
MarkMonitor shall have the right to cancel any
order for any .us registration in the event such
Questionnaire is not received prior to submission
to NeuStar.
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|
9. |
.us Certification
As a .us domain name applicant or registrant, or as
an agent for a .us domain name applicant or
registrant, you hereby certify, under penalty of
perjury that (1) the prospective registrant at the
time of registration and throughout its use of the
requested .us domain name that has and will have
during the term of any .us domain name
registration, a bona fide presence in the United
States on the basis of real and substantial lawful
contacts with, or lawful activities in, the United
States of America, in accordance with the .usTLD
nexus requirements, (2) all information that is
provided to MarkMonitor to confirm the applicant's
compliance with these .usTLD nexus requirements is
complete and accurate, and (3) any and all
trademark information contained in any sunrise
application is complete and accurate.
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|
10. |
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 and may be sold in
bulk in accordance with the agreements
MarkMonitor may have with ICANN, NeuStar
or any other administrator of the .us
ccTLD Registry.
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|
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 or
grossly negligent provision of inaccurate
or unreliable information, your willful or
grossly negligent failure promptly to
update information provided to us, or any
failure to respond for over thirty (30)
calendar days to our inquiries addressed
to the e-mail address of the
administrative, billing or technical
contact when 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 material
breach of this agreement and shall be a
basis for cancellation of your .us domain
name. 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
NeuStar Registry Policy. You acknowledge
and agree that MarkMonitor or NeuStar is
not required to refund any fees paid by
you in the event that your .us
registration is cancelled due to
enforcement of the provisions of this
Exhibit.
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11. |
Domain Name Dispute Policy
If you reserved or registered a .us domain name
through us, you agree to be bound by NeuStar's
domain name dispute policy that is incorporated
herein and made a part of this Agreement by
reference, as well as any other dispute policy
adopted by the .usTLD administrator during the term
of your .us registration. Please take the time to
familiarize yourself with these policies. 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 United States Dispute Resolution
Policy ("USDRP"), available at www.neustar.us. (ii)
The Nexus Dispute Policy ("NDP") , available at
http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf.
The USDRP sets forth the terms and conditions in
connection with a dispute between a Registrant and
any party other than the Registry Operator or
MarkMonitor over the registration and use of an
Internet domain name registered by Registrant.
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12. |
Compliance with NIST Standards and Domain Name
Dispute Policy Modifications
You acknowledge that the .operation of the .us
registry is subject to any policies, standards, and
practices established from time to time by the U.S.
Department of Commerce, National Institute of
Standards and Technology (or any successor agency
or governmental unit charged with ultimate
responsibility for the country code top-level
domain name for the United States) ("NIST"). You
agree to abide by any such NIST policies, standards
and procedures adopted by NIST for the .us registry
during the term of any .us domain name registration
awarded to you. You agree that we, in our sole
discretion, may modify our dispute policy in
accordance with modifications made by NeuStar. 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.
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13. |
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 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.
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14. |
Reservation of Rights
MarkMonitor AND THE .US REGISTRY OPERATOR, NEUSTAR
EXPRESSLY RESERVE THE RIGHT TO DENY, CANCEL OR
TRANSFER ANY REGISTRATION THAT IT DEEMS NECESSARY,
IN ITS DISCRETION, (1) TO PROTECT THE INTEGRITY AND
STABILITY OF THE REGISTRY; (2) TO COMPLY WITH ANY
APPLICABLE LAWS, GOVERNMENT RULES OR REQUIREMENTS,
REQUESTS OF LAW ENFORCEMENT, IN COMPLIANCE WITH ANY
DISPUTE RESOLUTION PROCESS; (3) TO AVOID ANY
LIABILITY, CIVIL OR CRIMINAL, ON THE PART OF
MarkMonitor AND/OR NEUSTAR, INC, AS WELL AS, THEIR
AFFILIATES, SUBSIDIARIES, OFFICERS, DIRECTORS AND
EMPLOYEES; (4) FOR VIOLATIONS OF THIS AGREEMENT, OR
(5) TO CORRECT MISTAKES MADE BY NEUSTAR OR ANY
REGISTRAR IN CONNECTION WITH A DOMAIN NAME
REGISTRATION. MarkMonitor AND NEUSTAR ALSO RESERVE
THE RIGHT TO FREEZE A DOMAIN NAME DURING RESOLUTION
OF A DISPUTE.
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15. |
Content Policy
Registrant shall comply with the kids.us Content
Policy, including but not limited to, the
prohibitions onhyperlinks and two-way and
multi-user interactive services.
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EXHIBIT F
Nominet UK - TERMS AND CONDITIONS
http://www.nominet.org.uk/nominet-terms
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EXHIBIT G
DOMAIN RECOVERY TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT G ARE SPECIFIC TO
ANY DOMAIN RECOVERY SERVICES ORDERED (REFERRED TO
COLLECTIVELY AS "RECOVERY SERVICE"). ANY PROVISION CONTAINED
IN THIS EXHIBIT G, WHICH CONFLICTS WITH ANY OTHER PROVISION
OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE
RECOVERY SERVICES.
MarkMonitor agrees to contact the owners of the domain names
specified by you (the "Requested Domains") on an anonymous
basis, directly or indirectly, through independent
contractors, to solicit an offer to sell the Requested
Domains. Upon submitting a request for a Recovery Service
(an "Acquisition Order"), you grant MarkMonitor the specific
authority as your agent to negotiate, execute, and deliver a
contract of purchase of the Requested Domains within six (6)
months from date of request for Recovery services, subject
to the following terms and conditions:
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EXHIBIT H
ENTERPRISE DNS SERVICES TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT H ARE SPECIFIC TO
ANY DOMAIN NAME SYSTEM SERVICES ORDERED (REFERRED TO
COLLECTIVELY AS "DNS SERVICE"). ANY PROVISION CONTAINED
INTHIS EXHIBIT H, WHICH CONFLICTS WITH ANY OTHER PROVISION
OF THIS MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL
CONTROL, AS IT RELATES TO THE DNS SERVICE.
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1. |
Services
MarkMonitor agrees to provide DNS Services from
time to time, on request, at MarkMonitor's standard
prices or such other prices as may be contained in
a written agreement between Customer and
MarkMonitor. MarkMonitor provides a web-based
interface for Customer to manage their DNS settings
and a distributed DNS infrastructure. Customer
understands and agrees that MarkMonitor's DNS
Services include the following:
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i. |
Real Time Propagation - Changes and
updates to DNS records fully propagate in
within minutes;
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ii. |
Quick Record Adding - Allows customer
to add single records;
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iii. |
Bulk Record Adding - Allows customer to
add many records at one time;
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iv. |
Dynamic Import of Existing DNS Records
- Zone import feature transfers customer's
complete set of existing DNS records
including reverse DNS to MarkMonitor
DNS;
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v. |
Full Access Record Editing - The
ability to edit A Records, CNAME Records,
MX Records, and PTR Records;
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vi. |
Alias Setup - Point domains to a
specific site to avoid a 'site not found'
error message.;
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vii. |
Whole Zone or Individual Record TTL
Editing - Edit the "Time To Live" within
zones or individual records by hand;
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viii. |
Active/Inactive Record Status - Allows
customer to take a sub-domain or alias
off-line temporarily without removing it
from the control panel;
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ix. |
Syntax Checking - Checks for common
mistakes to prevent miss-configuration of
entered information;
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x. |
DNS Lockdown - Prevents accidental zone
changes as lockdown can be done at the
record, zone. or global level;
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xi. |
DZRC - Dynamic Zone and Record Creation
for auto-creation of zones and records
upon registration;
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xii. |
Scheduling - Schedule DNS records to
activate, deactivate or change to another
record type at a predefined time.
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2. |
DNS Procedures
In order for MarkMonitor to provide DNS service,
Customer must first populate the MarkMonitor DNS
interface either manually by entering their DNS
zones and DNS records or automatically by allowing
the MarkMonitor DNS interface to import the zone
and record data directly from the Customer's
existing name server. After population, Customer
may choose to test the DNS settings prior to
changing name server records associated with the
domains at the various Registries. In order for
MarkMonitor DNS to be authoritative for the
domains, Customer must modify the domains to
reflect the MarkMonitor DNS name servers (unless
the Hidden Master feature is selected). However if
Customer chooses to transfer such domains to
MarkMonitor using the Registrar Transfer Service,
MarkMonitor will modify the name servers for the
domains at no additional charge. Even after
MarkMonitor DNS becomes authoritative for the
domains, it is recommended that the Customer not
delete or deactivate its former DNS settings
because caching and propagation delays may result
in some DNS queries still directed to the old name
servers for a period of time.
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3. |
Usage Parameters
Customer agrees that the usage parameters of the
DNS Services specified by MarkMonitor, including
those set forth in your Order, under this Agreement
or otherwise, will not be exceeded. MarkMonitor
reserves the right to monitor Customer's usage
parameters, including but not limited to the number
of domains, number of DNS host records and number
of DNS queries ("Service Usage"). Based on
Customer's actual Service Usage as solely
determined and measured by MarkMonitor in each
one-month period during the term of this Agreement,
MarkMonitor reserves the right to bill Customer in
arrears for the DNS Services rendered above the
allowed limits identified in the service package,
including additional usage not paid for in advance.
Usage above Customer's service package subscription
levels will be billed in accordance with the
MarkMonitor' standard fees, or as otherwise set
forth in Customer's written agreement with
MarkMonitor. You represent and warrant that you
have the necessary rights to use DNS Services to
forward, point, alias, or resolve your domain
name(s) or email to the other domain name or email
address designated by you in ordering such
services.
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4. |
Fees
Customer agrees to pay MarkMonitor the Fees
applicable to any DNS Services ordered
hereunder.
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5. |
Limitation of Liability
CUSTOMER RECOGNIZES THAT THE INTERNET CONSISTS OF
MULTIPLE PARTICIPATING NETWORKS WHICH ARE
SEPARATELY OWNED AND THEREFORE ARE NOT SUBJECT TO
THE CONTROL OF MarkMonitor. MALFUNCTION OF, OR
CESSATION OF INTERNET SERVICE BY ISPS OR NETWORKS
WHICH FORM THE INTERNET MAY MAKE THE SERVICES
TEMPORARILY OR PERMANENTLY UNAVAILABLE. CUSTOMER
AGREES THAT MarkMonitor SHALL NOT BE LIABLE FOR
DAMAGES INCURRED OR SUMS PAID WHEN THE SERVICES ARE
TEMPORARILY OR PERMANENTLY UNAVAILABLE DUE TO
MALFUNCTION OF, OR CESSATION OF INTERNET SERVICES
BY NETWORKS OR ISPS NOT SUBJECT TO THE CONTROL OF
MarkMonitor, OR DUE TO CUSTOMER'S ACCIDENT OR
ABUSE. MarkMonitor IS NOT LIABLE FOR ANY BREACH OF
SECURITY ON CUSTOMER'S NETWORK. MarkMonitor SHALL
NOT BE LIABLE TO CUSTOMER, CUSTOMER'S
REPRESENTATIVE OR ANY THIRD PARTY FOR ANY DIRECT,
INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, OR
PUNITIVE DAMAGES ARISING OUT OF USE OF THE SERVICE
OR INABILITY OF THE SERVICE (INCLUDING CATASTROPHIC
SITUATIONS BEYOND THE CONTROL OF MarkMonitor
INCLUDING WITHOUT LIMITATION, LOST REVENUE, LOST
PROFITS, LOSS OF TECHNOLOGY, RIGHTS OF SERVICES,
EVEN IF ADVISED OF THE POSSIBILITY OF SUCH DAMAGES,
WHETHER UNDER THEORY OF CONTRACT OR TORT. CUSTOMER
AGREES THAT CUSTOMER WILL NOT HOLD MarkMonitor
RESPONSIBLE FOR TRANSMISSION ERRORS IN, CORRUPTION
OF, OR THE SECURITY OF YOUR INFORMATION CARRIED
OVER THE INTER EXCHANGE CARRIERS', LOCAL EXCHANGE
CARRIERS', OR OTHER PROVIDERS' FACILITIES.
DNS SERVICES ARE PROVIDED BY MarkMonitor ON AN "AS
IS" BASIS AND MarkMonitor HEREBY DISCLAIMS ALL
WARRANTIES, EXPRESS OR IMPLIED WITH RESPECT
THERETO, INCLUDING ANY WARRANTIES OF
MERCHANTABILITY, NON-INFRINGEMENT, OR FITNESS FOR A
PARTICULAR PURPOSE.
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6. |
Conduct
Customer agrees to use the DNS Services for lawful
purposes only and any misuse of the DNS Services
may result in termination. MarkMonitor reserves the
right to terminate Customer's account and/or this
Agreement if (i) a domain hosted by the DNS
Services for Customer is found pointing or
directing traffic to any material in violation of
any applicable law of regulation, and/or (ii)
Customer's use the DNS Services to point to web
sites or locations that create, transmit,
distribute or store material that: violates
trademark, copyright, trade secret or other
intellectual property laws; violates the privacy,
publicity, or other personal rights of others;
violates U.S. export control laws; impairs the
privacy of communications; may be threatening,
abusive or hateful; or encourages conduct that
would const |
