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 constitute a criminal offense or give rise to
civil liability. Any misuse of the DNS Services
that disrupts the normal use of MarkMonitor'
systems is strictly prohibited. The following
violations are grounds for immediate suspension of
service and will result in termination of accounts
and/or Agreements if MarkMonitor determines, in its
sole discretion, that Customer has in any way
originated or are responsible for the following:
(i) posting articles or substantially similar
articles to an excessive number of newsgroups using
a MarkMonitor hosted domain, or posting such
messages through a MarkMonitor DNS Service; and
(ii) sending unsolicited e-mailings, whether or not
such activities provoke complaints. Customer is
solely responsible for all content or information
directly or indirectly delivered to or passed
through the DNS Services. MarkMonitor reserves the
right to suspend or terminate access to the
Services upon notice to Customer of any misuse.
Failure to correct any misuse and comply with the
policy in this section may result in termination of
all accounts with no refunds offered. Nothing in
this Agreement grants Customer the right to
re-sell, distribute or create derivative versions
of the DNS Services, either directly or through a
third party.
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7. |
Indemnification
Customer agrees to indemnify, defend and hold
MarkMonitor harmless from and against any and all
costs, liabilities, losses, and expenses
(including, but not limited to, reasonable
attorneys' fees) (collectively, "Losses") resulting
from or arising out of any claim, suit, action, or
proceeding (each, an "Action") brought against
MarkMonitor, its affiliates or customers (a)
alleging that Customer's data or web site infringes
or misappropriates any intellectual property rights
of a third party; (b) alleging that Customer's data
or web site contains defamatory, libelous,
slanderous, obscene or pornographic materials, or
violates a third party's rights of privacy or
publicity; (c) arising from a claim by Customer's
users, or (d) any breach of Customer's obligations
under this Exhibit.
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EXHIBIT I
.PRO TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT I ARE SPECIFIC TO
THE .PRO APPLICATION, VERIFICATION, REGISTRATION, AND
DIGITAL CERTIFICATE SERVICES (REFERRED TO COLLECTIVELY
AS".PRO SERVICES"). ANY PROVISION CONTAINED IN THIS EXHIBIT
I, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS
MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL CONTROL,
AS IT RELATES TO THE .PRO SERVICE.
Introduction
The following types of registrations within the .PRO
top-level domain (TLD) are available to qualified persons
and entities: Registered Names (domain names), Intellectual
Property Defensive Registrations, and Standard Defensive
Registrations. Registered Names are restricted to persons
and entities that are credentialed by appropriate entities
to provide professional services within a stated geographic
region (Licensing Jurisdiction). Intellectual Property
Defensive Registrations are restricted to trademark or
service mark holders with valid and enforceable trademark
and service mark registrations of national effect that are
issued prior to September 30, 2002. Standard Defensive
Registrations are restricted to persons and entities that
are credentialed by appropriate entities to provide
professional services. The .pro TLD is organized into
profession-specific second-level domains (PS-SLDs), which
will be introduced in a phased manner. Registrants of
Registered Names and Defensive Registrations (Registered
Item Holders) in the .PRO TLD will be required to certify
that they meet the qualifications set forth in this Exhibit.
Qualifications for registration of Registered Names will be
verified and periodically re-verified, and will be signified
by digital credentials recorded in the registry database.
Qualifications for Intellectual Property Defensive
Registrations will not be subject to verification,
re-verification, or digital-credential requirements.
Qualifications for both Registered Names and Defensive
Registrations, however, will be subject to challenge under
the Qualification Challenge Policy described in
http://www.registrypro.com. Because the eligibility for
Registered Names within .pro will be verified, they may only
be registered by persons or entities that are licensed or
credentialed to provide professional services in the
profession for which the PS-SLD was established and within a
Licensing Jurisdiction for which a verification process has
been established. Persons or entities that are licensed or
accredited to provide professional services within one of
the existing PS-SLDs may register for Defensive
Registrations, even though the jurisdiction in which they
are licensed or accredited is not a Licensing Jurisdiction
for which a verification process has been established. In
the event that a verification process is established in a
Licensing Jurisdiction in which a Defensive Registrant is
located, the Defensive Registrant may apply for a domain
name in the PS-SLD.
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1. |
Your Representations
You represent and warrant that you meet the
registration requirements for, as the case may be,
(a) the Registered Name or Standard Defensive
Registration within the PS-SLD in which the
Registered Name is being registered or (b) the
Intellectual Property Defensive Registration;
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1.1 |
You agree to notify MarkMonitor
promptly of any change in circumstances
that causes you to no longer to meet the
registration requirements for, as the case
may be, (a) the Registered Name or
Standard Defensive Registration within the
PS-SLD in which the Registered Name is
being registered or (b) the Intellectual
Property Defensive Registration;
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1.2 |
In the case of a Registered Name or
Standard Defensive Registration, you
represent and warrant that the registrant
and qualification data (and, for a
Registered Name, other data required for
the issuance of a digital certificate)
that you submit is true, accurate,
complete and up to date;
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1.3 |
You agree to provide to MarkMonitor
prompt corrections and updates to your
contact details throughout the term of the
registration,
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1.4 |
In the case that the registration is
being made in the name of an organization
or other entity, the person acting on
behalf of such organization or entity is
authorized to do so;
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1.5 |
You agree to be subject to and abide by
the Sunrise Challenge Procedures,
Qualification Challenge Procedures, and
the Uniform Dispute Resolution Policy
(UDRP);
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1.6 |
You represent and warrant that the
Registered Name registration satisfies the
digital security requirements stated in
http://www.registrypro.com;
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1.7 |
You agree not to make any
representation to any person or entity
that expressly or impliedly conveys that
the registration of the Registered Item in
any way signifies or indicates that the
Registered Item Holder possesses any
general or specific professional
qualifications, including, but not limited
to, professional qualifications in a
particular field;
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1.8 |
For applications during the Sunrise
Period, you certify that the registration
qualifies for a Sunrise Registration, as
set forth in http://www.
registrypro.com/policies/eligibility.php;
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1.9 |
For Intellectual Property Defensive
Registrations, including Sunrise
Registrations, you agree to be subject to
the Intellectual Property Challenge
Defensive Registration Challenge
Policy;
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1.10 |
You agree to the use, copying,
distribution, publication, modification
and other processing of Registered Item
Holder's Personal Data by Registry
Operator and its designees and agents in a
manner consistent with the purposes
specified pursuant to Section V of the
Registration Agreement;
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1.11 |
You acknowledge that Registry Operator
will have no liability of any kind for any
loss or liability resulting from the
proceedings and processes relating to the
Sunrise Period including, without
limitation: (i) the ability or inability
of any registrant to obtain a Registered
Item during these periods, and (ii) the
results of any dispute over a Sunrise
Registration.
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1.12 |
You acknowledge that the Registrar
reserves the right to reject any
application to register a Registered Item
for any reason or no reason, including but
not limited to if either Registrar or
Registry Operator reasonably believes it
does not satisfy the conditions for a
Registrations (including, the Sunrise
Registration Conditions or .PRO
eligibility requirements).
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1.13 |
Violation of any of the provisions
described in subsections 1.1 through 1.12
of this Exhibit I shall be grounds for
termination of the registration, without
any refund of fees to the registrant.
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2. |
Provision of Registrant, Qualification and Other
Data
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2.1 |
Provision of Registration Data. As part
of the registration process, you are
required to provide us with certain
information and to update this information
to keep it current, complete and accurate.
This information includes (i) your full
name, postal address, e-mail address,
voice telephone number, and fax number if
available; (ii) the name of an authorized
person for contact purposes in the case of
a registrant that is an organization,
association, or corporation; (iii) the IP
addresses of the primary nameserver and
any secondary nameserver(s) for the domain
name; (iv) the corresponding names of
those nameservers; (v) the full name,
postal address, e-mail address, voice
telephone number, and fax number if
available of the technical contact for the
domain name; (vi) the full name, postal
address, e-mail address, voice telephone
number, and fax number if available of the
administrative contact for the domain
name; (vii) the name, postal address,
e-mail address, voice telephone number,
and fax number if available of the billing
contact for the domain name; and (viii)
any remark concerning the registered
domain name that should appear in the
Whois directory. You agree and understand
that the foregoing registration data will
be publicly available and accessible on
the Whois directory as required by
ICANN/Registry Policy and may be sold in
bulk in accordance with the ICANN
Agreement.
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2.1.1 |
Data Required for Registered
Names. At the time of an initial
or renewal registration of a
Registered Name (i.e. a domain
name), the Registrant will be
required to provide to
MarkMonitor contact information
as described in Section 2.1, data
and supporting evidence about the
registrant's qualifications to
register and other data required
for issuance of a digital
certificate, all as specified by
the Registry Operator's policies
and procedures at
http://www.registrypro.com/policies/.
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2.1.2 |
Data Required for Standard
Defensive Registrations. At the
time of an initial or renewal
registration of a Standard
Defensive Registration, the
Defensive Registrant will be
required to provide to
MarkMonitor contact information
as described in Section 2.1, as
well as data and supporting
evidence about the registrant's
qualifications to register, as
specified by the Registry
Operator's policies and
procedures.
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2.1.3 |
Data Required for Intellectual
Property Defensive Registrations.
At the time of an initial or
renewal registration of an
Intellectual Property Defensive
Registration, the Defensive
Registrant will be required to
provide to MarkMonitor contact
information including , name,
e-mail address, postal address
and telephone number, for use in
disputes relating to the
Defensive Registration. The
Intellectual Property Defensive
Registrant must also provide: (i)
the name, in ASCII characters, of
the trademark or service mark
being registered; (ii) the date
the registration issued; (iii)
the country of registration; and
(iv) the registration number or
other comparable identifier used
by the registration
authority.
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2.2 |
Verification. As a condition of
registration, all registrants'
qualifications to a Registered Name in the
applicable PS-SLD shall be verified. When
an applicant applies for a .PRO domain
name or applicable Standard Defensive
Registration, the applicant will be
required to check off one of the
qualifications and provide supporting
evidence of that qualification in the
particular Licensing jurisdiction in order
to register the requested domain name or
Standard Defensive Registration. The
supporting information will be provided
directly to the Registry Operator. The
information shall include data required
for the issuance of a digital certificate.
The applicant's licensure or accreditation
will be checked with an appropriate
credentialing organization, association,
or entity providing verification services.
The Registry operator will notify
MarkMonitor upon completion of the
verification process. The relevant
qualification will appear in the Registry
Operator's Whois record of the domain name
registration or Standard Defensive
Registration.
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2.3 |
Re-verification of Professional
Standing. Each .PRO registered name and
appropriate Standard Defensive
Registration will be periodically
re-verified for continued qualification of
the Registered Name Holder. If the
Registry Operator (a) finds during a
periodic verification process or is
notified by MarkMonitor that a Registered
Name Holder no longer qualifies for a
registration within a PS-SLD (including
the digital security requirements), or (b)
is notified by MarkMonitor of a reasonable
basis to believe that any information in
the Registry Operator's Whois database
regarding a .pro domain name that
MarkMonitor is sponsoring in the Registry
is not accurate or reliable, the Registry
Operator will within a commercially
reasonable time lock down the domain name
of such registrant so that it cannot be
modified ("Registry Lock"). The Registry
Operator will send an e-mail notice to the
Registered Name Holder (at the contact
e-mail address(es) shown in Whois) and
MarkMonitor that Registry Lock has been
placed. For those Standard Defensive
Registrations to which the re-verification
requirement is applicable, the Registry
Operator will give e-mail notice to the
Standard Defensive Registrant upon a
finding or notification as described in
this Section 2.2.
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2.3.1 |
A Registered Name Holder or
Standard Defensive Registrant who
has been provided e-mail notice
by the Registry Operator under
Section 2.2 of this Exhibit will
have fourteen days from the date
e-mail notice has been sent to
provide accurate information or
otherwise respond to the finding.
The following procedure will
apply:
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i. |
In the case of a
periodic verification by
MarkMonitor or
notification of
inaccurate Whois
information MarkMonitor
will instruct the
Registered Name Holder
or Standard Defensive
Registrant to direct its
response to MarkMonitor.
If the Registered Name
Holder or Standard
Defensive Registrant
does not update the
information or respond
to the satisfaction of
MarkMonitor during the
fourteen-day period, or
if the updated
information does not
pass MarkMonitor's
verification, the
registration will be
cancelled and the
Registered Name Holder
or Standard Defensive
Registrant forfeits all
registration and
associated fees.
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ii. |
In the case of a
Registry Lock resulting
from information from
any source other than
from MarkMonitor, the
Registered Name Holder
or Standard Defensive
Registrant will be
directed by the Registry
Operator to send its
response to the Registry
Operator. If the
Registered Name Holder
or Standard Defensive
Registrant does not
update the information
or respond to the
satisfaction of the
Registry Operator during
the fourteen-day period,
or if the updated
information does not
pass verification, the
registration will be
cancelled and the
Registered Name Holder
or Standard Defensive
Registrant forfeits all
registration and
associated fees.
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iii. |
Periodic Verification
Fees. There may be a fee
to the Registered Name
Holder or Standard
Defensive Registrant
associated with a
periodic verification,
as determined by
MarkMonitor.
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3. |
License to Use Data/Privacy
By submitting a .PRO domain name application or
defensive registration, 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 .PRO application or defensive
registration service solely for the purposes of
implementing the Service, processing the
verification and digital certification of your
registration, registering your .PRO extension if
awarded by Registry Operator ("RegistryPro") and
for notifying you of changes to the .PRO Service,
for archival purposes.
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4. |
The Sunrise Process
During the Sunrise Period for each PS-SLD, the
following applicants will be eligible to register a
domain name ("Sunrise Registration"): (i) owners of
any current (non-expired) trademark or service mark
registration, (ii) having national effect
(including European Community Trademarks, but
excluding United States state registrations), (iii)
that have issued prior to September 30, 2002, (iv)
if the domain name (specifically, the third level
label) is identical to the textual or word elements
of the trademark or service mark, and (v) the
applicant qualifies to register a Registered Name
within the PS-SLD. In determining whether a domain
name is identical to the textual or word elements
of the trademark or service mark , only ASCII
characters in the trademark or service mark will be
considered. Trademark or service mark registrations
from the supplemental or equivalent registry of any
country, or from individual states or provinces of
a nation, will not be accepted. Beginning with the
Sunrise start date, the Registry Operator will
begin processing qualified domain name registration
requests on a first come first served basis.
Sunrise Registrations will not be processed after
the Sunrise end date. During the Sunrise Period and
for the first sixty (60) days of the Registry
Operator's live registration period, the Registry
Operator will not provide a grace period for
cancellation of added registrations. The minimum
term for a Sunrise Registration is four (4)
years.
MarkMonitor will accept Sunrise Registrations until
May 21, 2003, or such later date as it may
determine in its sole discretion and no Sunrise
Registration will be accepted after that date.
A TRADEMARK OWNER THAT WISHES TO OBTAIN A .PRO
EXTENSION FOR ITS TRADEMARK MUST FILE A DOMAIN NAME
APPLICATION FOR VERIFICATION AND REGISTRATION.
THERE IS NO GUARANTEE THAT SUBMISSION OF A .PRO
APPLICATION WILL RESULT IN THE AWARD OF THE
REQUESTED .PRO DOMAIN BY REGISTRY PRO.
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5. |
Fees
As consideration for the .PRO Service, you agree to
pay MarkMonitor a Verification and Digital
Certificate Services fee for each Registered Name
submitted through the .PRO Service and a fee for
each .PRO domain name application, and each
Defensive Registration submitted through the .PRO
Service by credit card through its online payment
system or through any other payment mechanism
accepted by MarkMonitor. All fees payable hereunder
shall be due immediately and are non-refundable,
except in the event that applicant does not meet
the .PRO registration or re-registration
requirements, MarkMonitor will retain a processing
fee of $50.00. MarkMonitor may take all remedies to
collect fees owed.
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6. |
Agents
You agree that, if your agent (e.g., an attorney,
employee, etc.) submits a Defensive Registration or
a .PRO 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 .PRO 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 .PRO Service on your behalf, that he or
she is authorized to bind you to these Terms of Use
and that he or she has apprised you of these Terms
of Use of this Agreement. 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 behalf for any reason,
including, but not limited to, in the event that
your agent fails to comply with this Agreement,
your agent incorrectly provides information in the
Verification process or the .PRO domain name
application process or if your agent changes or
otherwise modifies your Defensive Registration or
your .PRO domain name 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 .PRO Service.
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7. |
Disclaimer of Warranty, Limitation of
Liability
YOU AGREE THAT YOUR ACCESS TO AND USE OF THE .PRO
SERVICE IS AT YOUR OWN RISK. NEITHER MarkMonitor
NOR REGISTRYPRO NOR EACH OF THEIR PARENTS,
SUBSIDIARIES, SHAREHOLDERS, MEMBERS, OFFICERS,
DIRECTORS, EMPLOYEES, AFFILIATES, AGENTS OR
SUBCONTRACTORS WARRANT THAT THE .PRO 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 .PRO SERVICE OR AS TO THE
ACCURACY, RELIABILITY, OR CONTENT WITHIN THE
SERVICE, INCLUDING, WITHOUT LIMITATION, ANY
INFORMATION SPECIFICALLY PROVIDED BY MarkMonitor
FOR USE IN THE Verification PROCESS. THE .PRO
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
REGISTRYPRO 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 .PRO 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 NOR REGISTRYPRO 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 ($500.00).
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8. |
Third Party Beneficiary
Registry Pro 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 Registry Pro
or MarkMonitor in investigating instances of
non-compliance with this Agreement, if Registry Pro
or MarkMonitor believes in good faith that you are
not in compliance with this Agreement.
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9. |
Subcontractors
In the course of providing the .PRO Service,
MarkMonitor may retain independent contractors or
assign or subcontract to or otherwise have any
third party perform any or all of the .PRO Service
at any time.
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10. |
Domain Name Dispute Policy
If you registered a .PRO domain name or Defensive
Registration through us, you agree to be bound by
MarkMonitor'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:
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i. |
The Uniform Domain Name Dispute
Resolution Policy, available at
http://www.icann.org/dndr/udrp/policy.htm
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ii. |
The Sunrise Challenge Procedures
available at
http://www.registrypro.com,
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iii. |
The Qualification Challenge Procedures
available at
http://www.registrypro.com
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All disputes between a third party and a domain
name registrant regarding the registration of a
domain name registered during the Sunrise Period
shall be decided under the Sunrise Dispute
Resolution Policy ("SDRP"). A third party may
challenge a Sunrise Registration on the ground
that, at the time of the Sunrise Registration, the
Sunrise Registrant was not eligible to register the
name. The Qualification Challenge Procedures set
forth the terms and conditions in connection with a
dispute challenging a Registrant's qualifications
brought by an interested third party . 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.
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11. |
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 RegistryPro. 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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12. |
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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13. |
Reservation of Rights
MarkMonitor AND THE .PRO REGISTRY OPERATOR,
REGISTRYPRO, 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 REGISTRY PRO, INC, AS
WELL AS, THEIR AFFILIATES, SUBSIDIARIES, OFFICERS,
DIRECTORS AND EMPLOYEES. MarkMonitor AND
REGISTRYPRO, INC. ALSO RESERVE THE RIGHT TO FREEZE
A DOMAIN NAME DURING RESOLUTION OF A DISPUTE.
MarkMonitor and Registry Pro shall have no
obligation to provide such .PRO Services to
Applicant. Registry Pro has no contractual
relationship with Applicant and Applicant is not a
third party beneficiary of any agreement between
RegistryPRo and MarkMonitor.
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14. |
Indemnification. You agree to indemnify, defend
and hold harmless MarkMonitor, the Registry
Operator, its subsidiaries, affiliates, divisions,
shareholders, directors, officers, employees,
accountants, attorneys, insurers, agents,
predecessors, successors and assigns, from any and
all claims, demands, losses, costs, expenses,
causes of action or other liabilities of any kind,
whether known or unknown, in any way arising out
of, relating to, or otherwise in connection with
your domain name registration, the performance of
the Verification services and the Digital
Certificate Services. This indemnification
obligation shall survive the termination or
expiration of the registration agreement.
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EXHIBIT J
JOBS TERMS AND CONDITIONS
THE TERMS AND CONDITIONS CONTAINED IN THIS EXHIBIT J ARE
SPECIFIC TO THE .JOBS APPLICATION, VERIFICATION, AND
REGISTRATION (REFERRED TO COLLECTIVELY AS ì.JOBS
SERVICESî). ANY PROVISION CONTAINED IN THIS EXHIBIT J
WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS MARKMONITOR
REGISTRATION SERVICES AGREEMENT SHALL CONTROL, AS IT RELATES
TO THE .JOBS SERVICES.
By agreeing to this Agreement, Customer agrees to the .JOBS
Registry-Registrant Agreement, as amended from time to time
at the sole discretion of the Registry Operator. The .JOBS
Registry-Registrant Agreement may be found at this link
http://www.employmedia.com/apply.html
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1. |
JOBS REGISTRANT AGREEMENT
Customer acknowledges that it has read, understands
and agrees to be bound by the .JOBS
Registry-Registrant Agreement (accessible by the
link above), the registrant eligibility
requirements and the use restrictions.
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2. |
.JOBS PROCEDURES
Customer acknowledges that the .JOBS Registry
Operator has created its operational standards,
policies, procedures, Registry Services and
practices for the .JOBS sTLD (collectively,
ì.JOBS Proceduresî), and thatsuch
.JOBS Procedures may be amended from time to time
by the .JOBS Registry Operator in its sole
discretion. Any additional or revised .JOBS
Procedures shall be effective upon thirty days
advance notice by Registry Operator to Markmonitor.
Markmonitor shall have no liability to Customer for
any modifications to the .JOBS Procedures and their
affect on Customer or Customerís domain
names.
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3. |
REPRESENTATIONS AND WARRANTIES
Customer represents and warrants that Customer,
during the application for any domain name in the
.JOBS domain and at all times during the existence
of such domain name in the .JOBS database, will
comply with (i) the registrant eligibility
requirements as provided by the Registry Operator
and as modified from time to time (which may be
found by linking through here); and (ii) the .JOBS
domain use restrictions as provided by Registry
Operator and as modified from time to time. The
.JOBS registry is intended for registration by
members of the Society of Human Resource Management
and other verified, eligible human resource
professionals, and other persons as may be
permitted in the discretion of the Registry
Operator. The eligibility requirements for the
Registry Operator may be found at
http://www.employmedia.com/faq.html#Q6
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4. |
MODIFICATION OF RIGHTS
Customer understands and agrees that Registry
Operator, in its sole discretion, may revoke,
cancel, deny, transfer, suspend, terminate or
otherwise modify the rights of Customer, without
any notice thereto, in the event of non-compliance
by Customer with any provision of this Agreement,
the Registry-Registrant Agreement, the registrant
eligibility requirements and the use restrictions,
including but not limited to submission or use of
untruthful, incomplete or fraudulent registration
information during the application process or
subsequently thereto.
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5. |
PROVISION OF NEEDED INFORMATION
Customer will provide all information, data, and
other materials required for and requested by
Markmonitor to utilize the Registry-Registrar
Protocol to perform the .JOBS Services. Customer
acknowledges and agrees that technical issues may
arise related to the Registry-Registrar Protocol
that are outside of the control of Markmonitor, and
that Markmonitor shall have no liability to
Customer in the event of such issues.
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6. |
INDEMNIFICATION
Customer shall indemnify, defend and hold harmless
Registry Operator and its subcontractors,
shareholders, directors, officers, employees,
affiliates and agents of each of them from and
against any and all claims, damages, liabilities,
costs and expenses, including reasonable legal fees
and expenses, arising out of or relating to the
Customerís domain name registration. This
indemnification obligation shall survive the
expiration or earlier termination of this
Agreement.
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7. |
THIRD-PARTY BENEFICIARIES
The Registry Operator is an intended third party
beneficiary of this Agreement, with a right to
enforce the terms and provisions contained
herein.
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8. |
TRANSFER OF DOMAIN NAMES
Customer understands and agrees that a transfer of
a domain name in the .JOBS registry may only be
made from and to registrars that have been
accredited by the Registry Operator. Any other
actual or attempted transfer may be a breach of
this Agreement, the Registry-Registrant Agreement
or the use restrictions imposed by the Registry
Operator. Markmonitor shall have no liability to
Customer if Customer, or any of its employees,
directors or officers, affects or attempts to
affect such a transfer.
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9. |
TIME
In the event of any dispute concerning the time of
the entry of a domain name registration into the
.JOBS database, the time shown in the .JOBS
registry shall control.
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10. |
DISPUTE RESOLUTION
Customer agrees to submit to the jurisdiction of
the .JOBS Dispute Resolution Procedures for the
resolution of any dispute related to your domain
names and applications. The rules for and other
information related to the .JOBS Dispute Resolution
can be found at http://www.employmedia.com
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EXHIBIT K
.EU TERMS AND CONDITIONS
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| 1. |
YOUR REPRESENTATIONS
You represent and warrant that you satisfy the
general eligibility criteria set forth in Article
4(2)(b) of Regulation (EC) No. 733/2002. You
further represent and warrant that each domain name
for which you seek registration is not defamatory,
racist or contrary to public policy. Customer
understands that if a court of a European Community
Member State should find that your domain name(s)
is defamatory, racist or contrary to the public
policy of that Member State, the applicable domain
name(s) may be blocked. MarkMonitor shall have no
liability to you for such blocking if your domain
name(s) is alleged or found to be racist,
defamatory or contrary to the public policy of any
Member State.
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2. |
FIRST-COMEFIRST-SERVED
You understand and acknowledge that the .EU
Registry accepts, processes, and registers all
domain name applications on a first-come,
first-served basis. MarkMonitor cannot and does not
guarantee that your registration will reach the
Registry offices before similar registrations nor
that it will be the first-received application for
such domain name.
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3. |
GEOGRAPHICAL OR GEOPOLITICAL DOMAIN NAMES
The European Community has allowed for Member
States to retain the right to reserve geographical
and geopolitical domain names and not to allow for
their registration. For the procedure of raising
objection to the list of broadly recognized names
in accordance with the third subparagraph of
Article 5(2) of Regulation (EC) No. 733/2002,
objections shall be notified to the members of the
Communications Committee established by Article
22(1) of Directive 2002/21/EC and to the
Director-General of the Commissions
Directorate-General Information Society. The
members of the Communications Committee and the
Director-General may designate other contact points
for these notifications. Objections and contact
points shall be notified in the form of electronic
mail, delivery by courier or in person, or by
postal delivery effected by way of registered
letter and acknowledgment of receipt.
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4. |
RESERVED NAMES
The following domain names are reserved by the EU
and may not be registered by any party: eurid.eu,
registry.eu, nic.eu, dns.eu, internic.eu, whois.eu,
das.eu, coc.eu, eurethix.eu, euretics.eu,
euthics.eu.
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5. |
DOMAIN NAMES CONTAINING COUNTRY NAMES AND
ALPHA-2 CODES
Customer understands and acknowledges that certain
E.U. Member States may request that their official
name and name under which they are commonly known
in one or more official languages not be registered
directly under the .eu TLD by any person other than
their government, and thus that such domain names
may not be available to Customer for registration.
MarkMonitor shall have no liability whatsoever to
Customer in the event any domain name has been
reserved by a Member State.
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6. |
IMPROPER REGISTRATIONS
Where a domain name is considered by a Court of a
Member State to be defamatory, racist or contrary
to the public policy, it shall be blocked by the
.EU Registry upon notification of a Court decision
and shall be revoked upon notification of a final
court decision. The .EU Registry shall block from
future registration those names which have been
subject to such a court order for as long as such
order remains valid.
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7. |
TRANSFERABILITY OF DOMAIN NAMES
Domain names registered under the .eu TLD shall
only be transferable to parties that are eligible
for registration of .eu domainnames.
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8. |
DEATH OR WINDING UP OF CUSTOMER
If the domain name has been registered by an
individual, and if such individual dies during the
registration period of the domain name, the
executors of his or her estate, or his or her legal
heirs, may request transfer of the name to the
heirs along with submission of the appropriate
documentation. If, on the expiry of the
registration period, no transfer has been
initiated, the domain name shall be suspended for a
period of 40 calendar days and shall be published
on the .EU Registryís website. During this
period the executors or the legal heirs may apply
to register the name along with submission of the
appropriate documentation. If the heirs have not
registered that name within the 40-day period, the
domain name shall thereafter become available for
general registration. If the domain name has been
registered by an undertaking, a legal or natural
person, or an organization that becomes subject to
insolvency proceedings, winding up, cessation of
trading, winding up by court order or any similar
proceeding provided for by national law, during the
registration period of the domain name, then the
legally appointed administrator of the Customer may
request transfer to the purchaser of the Customer
assets along with the submission of the appropriate
documentation. If, on the expiry of the
registration period, no transfer has been
initiated, the domain name shall be suspended for a
period of 40 calendar days and shall be published
on the .EU Registryís website. During this
period the administrator may apply to register the
name along with submission of the appropriate
documentation. If the administrator has not
registered that name within the 40-day period, the
domain name shall thereafter become available for
general registration.
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9. |
REGISTRATION INFORMATION
Customer understands and agrees that, in order to
effect registration of the requested domain names,
Customer will do the following, and that any
material inaccuracy in the elements set forth below
will constitute a material breach of this
Agreement:
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a. |
Provide its complete and accurate name
and address.
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b. |
Confirm that you satisfy the general
eligibility criteria set forth in Article
4(2)(b) of Regulation (EC) No.
733/2002.
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c. |
Confirm that the registration of the
applicable domain name(s) is made in good
faith and does not infringe or
misappropriate the rights of any third
party.
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d. |
Agrees that you will abide by all of
the terms and conditions for registration,
including without limitation the procedure
for resolution of conflicts set out in
Chapter VI herein.
The .EU Registry may verify the above
information at any time. The above
information may also be verified pursuant
to a dispute for the registration of the
domain name in question
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10. |
GOVERNING LAW
The law of the United Kingdom shall govern these
terms and conditions.
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11. |
REVOCATION BY THE REGISTRY
The .EU Registry may revoke a domain name at its
own initiative and without submitting the dispute
to anyextrajudicial settlement of conflicts,
exclusively on the following grounds:
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a. |
outstanding debts owed to the .EU
Registry;
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b. |
Customerís non-fulfillment of
the general eligibility criteria pursuant
to Article 4(2)(b) of Regulation (EC)
733/2002; and
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c. |
Customer's breach of the terms and
conditions for registration set forth in
Section 9 above.
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The Registry shall lay down a procedure in
accordance with which it may revoke domain names on
these grounds. This procedure shall include a
notice to the Customer and shall afford Customer an
opportunity to take appropriate measures.
Revocation of a domain name, and where necessary
its subsequent transfer, may also be effected in
accordance with a decision issued by an
extrajudicial settlement body. MarkMonitor shall
have no liability to Customer in the event its
domain name is revoked under Sections 11(b) or (c),
or if the non-payment of any outstanding debt is
not due to the negligence of MarkMonitor.
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12. |
REVOCATION OF SPECULATIVE AND ABUSIVE
REGISTRATIONS
A domain name shall be subject to revocation, using
an appropriate extra-judicial or judicial
procedure, where that name is identical or
confusingly similar to a name in respect of which a
right is recognized or established by a national
and/or Community law, and where it:
|
a. |
has been registered by its holder
without rights or legitimate interest in
the name; or
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b. |
has been registered or is being used in
bad faith.
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|
13. |
ALTERNATIVE DISPUTE RESOLUTION PROCEDURE
The following are the rules established by the .EU
Registry for the settlement of certain disputes
involving domain names. Such rules may be amended
from time to time at the sole discretion of the .EU
Registry.
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a. |
An ADR procedure may be initiated by
any party where:
|
i. |
the registration is
speculative or abusive within the
meaning of Article 21 of
Regulation (EC) 874/2004; or
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ii. |
a decision taken by the
Registry conflicts with
Regulation (EC) 874/2004 or
Regulation (EC) 733/2002.
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|
b. |
Participation in the ADR procedure
shall be compulsory for the domain name
holder and the Registry.
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|
c. |
A fee for the ADR shall be paid by the
complainant.
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d. |
Unless otherwise agreed in writing by
the parties, the ADR procedure shall be
conducted in English.
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|
e. |
The complaints and responses to those
complaints must be submitted to an ADR
provider chosen by the complainant from a
list as set forth in Section 14 below.
That submission shall be made in
accordance with Regulation (EC) 874/2004
and any supplementary procedures published
by the ADR provider.
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f. |
As soon as a request for ADR is
properly filed with the ADR provider and
the appropriate fee is paid, the ADR
provider shall inform the .EU Registry of
the identity of the complainant and the
domain name involved. The Registry shall
suspend the domain name involved from
cancellation or transfer until the dispute
resolution proceedings or subsequent legal
proceedings are complete and the decision
has been notified to the Registry.
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g. |
The ADR provider shall examine the
complaint for compliance with its rules of
procedure, with the provisions of
Regulation (EC) 874/2004 and with
Regulation (EC) 733/2002, and, unless
non-compliance is established, shall
forward the complaint to respondent within
five working days following receipt of the
fees to be paid by the complainant.
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h. |
Within 30 days of the date of receipt
of the complaint the respondent shall
submit a response to the provider.
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i. |
Any written communication to a
complainant or respondent shall be made by
the preferred means stated by the
complainant or respondent, respectively,
or in the absence of such specification
electronically via the Internet, provided
that a record of transmission is
available. All communication concerning
the ADR procedure to the holder of a
domain name that is subject to the ADR
procedure shall be sent to the information
that is available to the Registrar that
maintains the registration of the domain
name in accordance with the terms and
conditions of registration.
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j. |
Failure of any of the parties involved
in an ADR procedure to respond within the
given deadlines or to appear to a panel
hearing may be considered grounds to
accept the claims of the counterparty.
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k. |
In the case of a procedure against a
domain name, the ADR panel shall decide
that the domain name shall be revoked, if
it finds that the registration is
speculative or abusive as defined in
Regulation (EC) 874/2004. The domain name
shall be transferred to the complainant if
the complainant applies for this domain
name and satisfies the general eligibility
criteria set out in Article 4(2)(b) of
Regulation (EC) 733/2002. In the case of a
procedure against the Registry, the ADR
panel shall decide whether a decision
taken by the Registry conflicts with
Regulation (EC) 874/2004 or with
Regulation (EC) 733/2002. The panel shall
decide that the decision shall be annulled
and may decide in appropriate cases that
the domain name in question shall be
transferred, revoked or attributed,
provided that, where necessary, the
eligibility criteria set out in Article
4(2)(b) of Regulation (EC) 733/2002 are
fulfilled. The decision of the ADR panel
shall state the date for implementation of
the decision. Decisions of the panel are
taken by simple majority. The alternative
dispute panel shall issue its decision
within one month from the date of receipt
of response by the ADR provider. The
decision shall be duly motivated. The
decisions of the panel shall be
published.
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l. |
Within three working days after
receiving the decision from the panel, the
provider shall notify the full text of the
decision to each party, the concerned
registrar(s) and the Registry. The
decision shall be notified to the Registry
and the complainant by registered post or
other equivalent electronic means.
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m. |
The results of the ADR shall be binding
on the parties and the Registry unless
court proceedings are initiated within 30
calendar days of the notification of the
result of the ADR procedure to the
parties.
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14. |
SELECTION OF ADR PANELIST AND PROVIDER
|
a. |
The Registry may select the ADR
providers, who shall be reputable bodies
with appropriate expertise in an
objective, transparent and
non-discriminatory manner. A list of the
ADR providers shall be published on the
Registryís website.
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b. |
A dispute which is submitted to the ADR
procedure shall be examined by the
arbitrators appointed to a panel of one or
three members. The panelists shall be
selected in accordance to the internal
procedures of the selected ADR providers.
They shall have the appropriate expertise,
and shall be selected in an objective,
transparent and non-discriminatory manner.
Each provider shall maintain a publicly
available list of panelists and their
qualifications. A panelist shall be
impartial and independent and shall have,
before accepting appointment, disclosed to
the provider any circumstances giving rise
to justifiable doubt as to their
impartiality or independence. If, at any
stage during the administrative
proceedings, new circumstances arise that
could give rise to justifiable doubt as to
the impartiality or independence of the
panelist, that panelist shall promptly
disclose such circumstances to the
provider.
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15. |
SUNRISE PERIOD
You understand and acknowledge that the following
is the procedure created by the .EU Registry for
the preregistration of certain domain names, and
that MarkMonitor shall have no liability to you for
any decision made by the .EU Registry which regards
to your domain names pursuant to its
preregistration procedure. For more details on the
sunrise rules, please review
www.pwc.com/Extweb/service.nsf/docid/748B2AEF93B857E280256FA2002A43A2
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a. |
The .EU Registry shall establish a
timeframe for
ìpreregistrationî for
eligible domain names and a procedure for
phased registration. Such phased
registration shall not begin before May 1,
2004 and the Registry shall publish the
date on which phased registration shall
start at least two months beforehand and
shall inform all Registrars accordingly.
The duration of this phased registration
shall not exceed four months from the
commencement date.
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b. |
Holders of prior rights recognized or
established by a national and/or Community
law and public bodies shall be eligible to
apply to register domain names during the
period of phased registration before
general registration of .eu domain names
starts. ìPrior rightsî and
ìpublic bodiesî shall have
those definitions as set forth in Article
10(1) of Regulation (EC) 874/2004. The
registration on the basis of prior right
shall consist of the registration of the
complete name for which the prior rights
exist, as written in the documentation
which proves such a right exists.
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c. |
As far as the registration of complete
names is concerned, where such names
comprise a space between the textual or
word elements, identically shall be deemed
to exist between such complete names and
the same names written with a hyphen
between the word elements or combined in
one word in the domain name applied for.
Where the name for which prior rights are
claimed contains special characters,
spaces, or punctuations, these shall be
eliminated entirely from the corresponding
domain name, replaced with hyphens or, if
possible, rewritten.
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d. |
During the first part of the phased
registration, only registered national and
Community trademarks, geographical
indications, and the names and acronyms
referred to in Article 10(3), may be
applied for as domain names by holders or
licensees of prior rights and by the
public bodies set forth in Article 10(1)
of Regulation (EC) 874/2004. During the
second part of the phased registration,
the names that can be registered in the
first part as well as names based on all
other prior rights can be applied for as
domain names by holders of prior rights on
those names.
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e. |
The request to register a domain name
based on a prior right shall include a
reference to the legal basis in national
or Community law for the right to the
name, as well as other relevant
information, such as trademark
registration number, information
concerning publication in an official
journal or gazette, registration
information at professional or business
associations or chambers of commerce. All
claims for prior rights under Articles
10(1) and 10(2) of Regulation (EC)
874/2004 must be verifiable by documentary
evidence which demonstrates the right
under the law by virtue of which it
exists. You retain all responsibility and
liability for producing such evidence and
information and such other information as
may be requested by the .EU Registry. If
you do not submit documentary evidence
showing your prior right to the domain
name within forty days from the submission
of your application for the domain name,
the application for the domain name shall
be rejected.
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f. |
The .EU Registry shall block the domain
name in question upon receipt of the
application until the domain name has been
validated in accordance with the
Registryís procedures or until the
deadline passes for receipt of
documentation. If the Registry receives
more than one claim for the same domain
during the phased registration period, the
applications shall be processed in
chronological order. MarkMonitor cannot
and does not guarantee that your
application will be received first by the
.EU Registry and shall have no liability
to you with regards to the chronological
order of receipt of applications by the
Registry. The .EU Registry shall register
the domain names on a first-come,
first-served basis if it finds that the
applicant has demonstrated a prior right
in accordance with its procedures.
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g. |
MarkMonitor's fees for the sunrise
validation services are non-refundable
even if your .eu sunrise application is
not successful. You acknowledge that the
.eu validation agent (Price Waterhouse
Coopers) may narrowly interpret the rules
applicable to the sunrise period and as a
result, your .eu sunrise request may not
be successful even though MarkMonitor has
accepted or reviewed your application. You
agree to provide MarkMonitor with the
validation documents required by PWC
within the applicable time period. Use of
MarkMonitorís CTM look up service
is made available on an as is basis for
your convenience. Such CTM lookup service
does not contain all of the qualifying
database for an .eu sunrise submission.
You should review the other qualifying
community trademark databases to identify
those domain names that may qualify for a
Phase I submission.
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EXHIBIT L
.NZ TERMS AND CONDITIONS
THE PROVISIONS CONTAINED IN THIS EXHIBIT L ARE SPECIFIC TO
ANY .NZ REGISTRY SERVICES ORDERED (REFERRED TO COLLECTIVELY
AS ".NZ SERVICE"). ANY PROVISION CONTAINED IN THIS EXHIBIT
L, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS
MARKMONITOR REGISTRATION SERVICES AGREEMENT SHALL CONTROL,
AS IT RELATES TO THE .NZ REGISTRY SERVICE.
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1. |
OUR OBLIGATIONS
We agree that we will:
|
1.1 |
comply with all .nz policies and
accurately represent these to you. The
policies related to the .NZ domain may be
amended from time to time, and can be
found here:
http://www.nzrs.net.nz/documents/policy.shtml
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1.2 |
disclose accurately and completely all
our terms and conditions associated with
your use of our services to register and
maintain a domain name sought to be used
by you, including price and billing
information;
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1.3 |
comply with your lawful directions in a
diligent and timely manner regarding your
.nz domain name, (for example,
registration, cancellation, amendment,
deletion, and associated technical support
and billing);
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1.4 |
process any new .nz domain name
registrations with the registry within 4
hours from the time we receive all the
information required to complete a
registration if it is within our
advertised business hours of 6 am - 6 pm
MST Monday-Friday, and otherwise within 48
hours.
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1.5 |
notify you of the registration of your
domain name(s), including the details of:
the domain name, your contact details, our
contact details, the registration period,
the unique authentication ID for your
domain name and your obligations as a
registrant;
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1.6 |
arrange for correction of any error in
the information in the register about any
domain name registered to you when
requested;
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1.7 |
provide to you, or to someone we
reasonably believe to be acting on your
behalf, the unique authentication ID for
your domain name when requested and for no
charge;
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1.8 |
use your personal information only as
authorised by you;
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1.9 |
take all reasonable steps to safeguard
and protect all information about you
stored in our databases and system(s);
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1.10 |
comply with any order of any authority
having jurisdiction regarding any domain
name registered to you;
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1.11 |
use our best endeavours to deal with
any complaints you may have about the
services we provide for you.
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2. |
CUSTOMER'S OBLIGATIONS
You agree that you will:
|
2.1 |
comply with the .nz policies. The .nz
policies may be amended from time to time
by the New Zealand Registry Services and
may be found here:
http://www.nzrs.net.nz/documents/policy.shtml.
You agree that you have read and
understood the current policies;
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2.2 |
make sure all information you give us
is accurate and complete, keep us informed
of changes to any information you give us,
and that you have the authority to enter
into this agreement;
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2.3 |
keep the unique authentication ID for
your domain name and any other security
information that we give to you
confidential, safe and secure;
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2.4 |
satisfy yourself that your use of a
domain name will not infringe
anybodyís intellectual property
rights and protect us, and everybody we
are in any business relationship with to
provide services to you, from any such
claim;
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2.5 |
ensure that you only use the .NZ
Services for a lawful purpose;
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2.6 |
ensure that the use of any domain name
registered to you does not interfere with
other users of the Internet;
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2.7 |
ensure that any order of any authority
having jurisdiction regarding any domain
name registered to you is complied
with;
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2.8 |
protect us, and everybody we have a
business relationship with, against any
legal action taken against us because of
the receipt or use of the .NZ Services by
you or someone you are responsible for,
including reliance by us or anybody we
have a business relationship with, on
information supplied by you.
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2.9 |
You agree to make sure everyone you are
responsible for or who uses a domain name
registered to you also meets the above
duties.
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3. |
REGISTRATION OF A DOMAIN NAME
When a domain name in the .nz domain name space is
registered to you, or in your name as directed by
you, then you agree:
|
3.1 |
that the following information becomes
available to any member of the public: the
domain name, its commencement and expiry
dates and addresses/details of the name
servers for it, and our name.
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3.2 |
the domain name is registered in your
name only because no other person has it
according to the records of the register;
and
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3.3 |
neither we nor anybody else is
representing anything else to anybody
regarding that domain name. The entry of a
domain name in the "who is" database shall
not be taken as evidence of anything other
than such registration; and
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3.4 |
that you protect us and everybody we
have a business relationship with to
provide services to you, from any claim
arising out of the domain name being
registered in your name or as you
direct.
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4. |
REGISTER IS THE RECORD
For all purposes the details shown in the register
shall be treated as correct and the authoritative
record.
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5. |
PAYMENT OF FEES
|
5.1 |
You agree to pay for the services we
provide for you.
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5.2 |
If you transfer a domain name
registered to you to another registrant or
to be managed by another registrar, all
charges owing to us shall become
immediately due and payable on the date of
that transfer.
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5.3 |
We may alter our fees from time to
time. When we alter them we will send you
notice of the alteration 30 days before
the new fee takes effect.
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5.4 |
Our usual fees are for registration,
transfers, modifications, domain name
management services, or other services
requested by you and provided by
Markmonitor, but not the services
available through the Trademark Management
and Brand Management portions of the
Markmonitor Website. We may also charge
for other services that you request in
writing provided by us to you pursuant to
that written request. We will tell you
before any additional charge is
incurred.
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5.5 |
Our prices are stated in United States
dollars and include all applicable
taxes.
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6. |
SUSPENSION AND REFUSAL OF SERVICES
If you do not pay our charges for a domain name
registered to you we may: cancel registration of
that domain name; or refuse to provide a service
you request.
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7. |
CANCELLATION OF A DOMAIN NAME
If we are going to cancel the registration of a
domain name registered to you as a result of you
not paying our charges relating to that
registration, we will give you fourteen days notice
before we initiate action to cancel that domain
name.
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8. |
EXCLUSION OF LIABILITY
We exclude all liability we may have to you for any
claim except where we have acted in bad faith. This
exclusion also applies for the benefit of:
|
8.1 |
InternetNZ, the registry and any other
entity we are in any business relationship
with;
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8.2 |
every officer, employee, contractor,
agent of us or any entity in clause
8.1;
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8.3 |
anyone else we get to perform our
duties under any agreement you have with
us.
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None of the persons specified above is liable or
has to pay you for anything else in connection with
or resulting from anything any of us does or does
not do, or delays in doing, whether or not it is
contemplated or authorised by any agreement you
have with us.
This exclusion applies whatever you are claiming
for and in whatever way liability might arise.
This exclusion does not prevent you getting a court
order requiring us to do anything we have agreed to
do for you and does not limit any rights you may
have under the Consumer Guarantees Act 1993.
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9. |
LIMITATION OF OUR LIABILITY
We have excluded all other liability we or any of
the persons specified in clause 8 may have to you.
If any of those persons is ever liable to you and,
for any reason, cannot rely on the exclusion of
liability set out in clause 8 then this clause
applies.
Where this clause applies, the maximum combined
amount the persons specified above (together) will
have to pay you and anyone else who uses the
services we provide for you (together) is the
amount of the last month's fee paid by you under
this agreement.
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10. |
LAW AND JURISDICTION APPLYING TO THIS
AGREEMENT
Unless we otherwise agree in writing, this
agreement contains all the terms of our
relationship and continues to apply no matter where
you are located at the time any of the services are
provided or where you reside. This will be the case
until this agreement is cancelled except to the
extent clause 14 says otherwise.
To the extent legally permitted:
|
10.1 |
all our services are provided under New
Zealand law;
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10.2 |
any claim or dispute arising out of or
in connection with this agreement must be
instituted within 60 days from the date
the relevant service was supplied to
you;
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10.3 |
except as otherwise stated, you may
take action against us only in a New
Zealand court;
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10.4 |
where you or any registrant for whom
you act supplies incorrect information
regarding a domain name and we incur cost
in any matter concerning that name then we
may recover the costs incurred by us from
you.
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11. |
CANCELLING THE AGREEMENT
|
11.1 |
We may cancel or suspend this agreement
by giving you one monthís notice if
you do not meet your duties to us.
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11.2 |
We may end the agreement for any other
reason by giving you one month's
notice.
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12. |
MORE THAN ONE PERSON
You are responsible for everybody who you permit to
act for you as a registrant. We will take
reasonable care to satisfy ourself that you have
permitted those persons to act for you.
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13. |
EACH CLAUSE SEPARATELY BINDING
Each clause of the agreement you have with us is
separately binding. If for any reason we, you, or
any of the persons specified in clause 8 cannot
rely on any clause, all other clauses of it are
binding.
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14. |
RIGHTS AND RESPONSIBILITIES THAT CONTINUE
The canceling of any agreement you have with us
does not affect any rights and responsibilities,
which are intended to continue or come into force
afterwards. These include the rights and duties
under 2, 4 - 10, 12 - 13, and this clause 14.
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EXHIBIT M
.MOBI Terms and Condition
THE PROVISIONS CONTAINED IN THIS EXHIBIT M ARE SPECIFIC TO THE .MOBI SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT M, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .MOBI SERVICE.
Registered Name Holder shall:
Indemnify to the maximum extent permitted by law, defend and hold harmless Registry Operator, and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and this indemnification obligation survive the termination or expiration of the registration agreement; (3.7)
Indemnify, defend and hold harmless Registry Services Provider, its subsidiaries and affiliates, and the directors, officers, employees and agents or each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder’s domain name registration and or use, and indemnification obligation survive the termination or expiration of the registration agreement; (3.7.1)
Acknowledge and agree that notwithstanding anything in this Agreement to the contrary, mTLD Top Level Domain Ltd. (“dotmobi”), the Registry Operator of the .mobi TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of dotmobi have vested and that dotmobi has relied on its third party beneficiary rights under this Agreement in agreeing to MarkMonitor Inc. being a registrar for the .mobi top-level domain. Additionally, the third party beneficiary rights of dotmobi shall survive any termination or expiration of this Agreement. (3.8.3)
Comply with ICANN requirements, standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN; (3.8.1)
Comply with operational standards, policies, procedures, and practices for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as Registry Policies, applicable to all registrars and/or Registered Name Holders, and consistent with the Registry Agreement shall be effetive upon thirty days notice by Registry Operator to Registrar; (3.8.2)
Consent to the use, copying, distribution, publication, modification and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the purposes specified pursuant to Subsection 2.6 and with relevant mandatory local data protection, laws and privacy; (3.8.4)
Submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"); (3.8.5)
Provide current, accurate and complete information in connection with its registration of the Domain Name and its creation, launch, and operation of the Website, including but not limited to information required for the purposes of the Whois records.
Immediately correct and update the registration information for the registered Name during the registration term for the Registered Name; (3.8.6)
Acknowledge and agree to be bound by the terms and conditions of the initial launch and general operations of the Registry TLD, including without limitation the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period , and further to acknowledge that Registry Operator and the Registry Service Provider has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation Process, and the General Registration Period including, without limitation: (a) the ability or inability of a registrant to obtain a Registered Name during these periods, and (b) the results of any dispute made during the limited industry launch or over a Sunrise Registration. (3.8.7)
Acknowledge that if the domain name being registered is a dotMobi Premium Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://mtld.mobi/node/1135, which is incorporated by reference herein.
Acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof, (i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate the Website shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.
Acknowledge and agree that the Registry and Registry Services Provider, acting in consent with the Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a domain name registration, and the Registry also reserves the right to freeze a Registered Name during resolution of a dispute. (3.8.8.)
Acknowledge and agree that they must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.mtld.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.mtld.mobi) for compliance with the Style Guide. Furthermore, Registrant acknowledges and agrees that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that Registrant must promptly comply with any such changes in the time allotted. (3.8.9)
Acknowledge and agree that Proxy or Proxy Registrations will not be allowed during the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction Period, and in such an instance will constitute a material breach to this contract. (3.9.1) |
Exhibit N
MarkMonitor is a contracted Registrar of .SE (The Internet Infrastructure Foundation), responsible for the Internet top-level domain for Sweden, .se. Together with .SE, MarkMonitor works for a positive development of the Internet in Sweden, for the good of users and society in general. Satisfied domain name holders, whether they are large corporations or individual consumers, is our common objective.
.SEs General Conditions - by clicking this link, you will be directed to .SEs General Conditions for the registration of .se domain names.
Services and Prices for the Registration of Domain Names by MarkMonitor
All pricing is available within the MarkMonitor domain portal.
Information on the Management of Personal Data
MarkMonitor handles personal data for .se domain names in accordance with the Swedish Law on Personal Data (1998:204) and in accordance with Appendix B of .SE’s current Registrar Agreement.
Opening times
MarkMonitor is open for customer enquiries Monday to Friday 9 am to 4 pm MST. You can either e-mail your query to custserv@markmonitor.com or call us at 208 389-5740, and we will swiftly respond to you.
Company Information
Sales
U.S: 800-745-9229
Email: sales@markmonitor.com
Europe: +44 (0) 20 7840 1300
Email: europe@markmonitor.com
Executive Offices
MarkMonitor
45 Fremont Street
Suite 1400
San Francisco, CA 94105
Tel: (415) 278-8400
Fax: (415) 278-8444
Email: admin@markmonitor.com
Exhibit O
.ES Terms and Conditions
Personal data provided by the applicant will be released to the Public Corporate Entity RED.ES, web address www.red.es. Said data’s release is necessary in order to execute this contract. The applicant is obligated to maintain this data up-to-date via the established procedure as soon as any changes take effect.
When processing the applicant’s personal data, the Entity will observe the stipulations of the Organic Law 15/1999 of December 13 on the Protection of Personal Data, and will continue to adhere to the law as amended. It will not use data for purposes other than those named either in this contract or in the legal stipulations for assigning names for “.es” domains. The applicant is hereby informed that assigning a name to a domain necessarily requires that the applicant’s personal data be published in the Register of Names Data Base of “.es” domains, which is accessible to the public over the internet. By signing this document, the applicant consents to the release and processing of said data, including the publication of the applicant’s personal data in the Register of Names Data Base of “.es” domains.”
Data may be accessed and corrected directly at MarkMonitor’s web address www.markmonitor.com. Any cancellation or objection to releasing data to RED.ES that must be processed in order to execute this contract may only be exercised in the event that the solicited domain name is also cancelled.
MarkMonitor functions as an intermediary for assigning names to “.es” domains and has the sole and exclusive liability to fulfill the obligations stipulated in this contract. In signing this contract, applicants or beneficiaries of “.es” domains declare that they have been informed of this condition and expressly renounce undertaking any action or claim against RED.ES resulting from MarkMonitor acting in breech of its obligations.
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Exhibit E-1
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|
.ad |
www.nic.ad/catala/legislacio.htm |
|
.ae |
www.uaenic.ae/reg_agreement.html |
|
.ag |
www.nic.ag/policy.htm |
|
.am |
www.amnic.net/policy/ |
|
.ar |
www.nic.ar/reglas.htm |
|
.as |
http://www.nic.as/policy.cfm |
|
.at |
http://www.nic.at/en/service/legal_information/terms_conditions/ |
|
.au |
www.auda.org.au/policy/ |
|
.bb |
http://www.barbadosdomain.net/ |
|
.be |
http://www.legalservicesdns.be/en/2009-005585-cR9CdJ |
|
.bg |
www.register.bg/regprocedure_eng.html |
|
.bh |
www.inet.com.bh/ |
|
.bm |
www.bermudanic.bm/dnrintro.html |
|
.br |
registro.br/index.html |
|
.bz |
https://www.belizenic.bz/index.php/home/term |
|
.ca |
http://www.cira.ca/legal/ |
|
.cc |
www.nic.cc/policies/ |
|
.cd |
http://www.cd/company_info/CD/termandcondition.jsp |
|
.cg |
http://www.nic.cg/cgi-bin/policy.pl |
|
.ch |
www.switch.ch/id/terms/ |
|
.cl |
www.nic.cl/ |
|
.cn |
www.cnnic.net.cn/en/index/0P/index.htm |
|
.co |
http://www.cointernet.com.co/terminos/ |
|
.cr |
http://www.nic.cr/niccr_publico/esp/reglamento.jsp |
|
.cu |
http://www.nic.cu/docum_det.php?doc_id=1&opt=1 |
|
.cx |
www.nic.cx/policies/policies.cfm |
|
.cy |
http://www.nic.cy/rulesreg.htm |
|
.cz |
www.nic.cz/en/page.php?sid=17 |
|
.de |
www.denic.de/doc/DENIC/agb.en.htm |
|
.dk |
www.dk-hostmaster.dk/dkhostcms/ |
|
.do |
www.nic.do/politica.php3 |
|
.ec |
www.nic.ec/eng/politicas/default.htm |
|
.ee |
www.eenet.ee/services/subdomains.html |
|
.eg |
http://www.egregistry.eg/Roles&Policies.html |
|
.es |
www.nic.es/normas/indexeng.htm |
|
.fi |
https://domain.ficora.fi/fidomain/aca.aspx |
|
.fj |
www.domains.fj |
|
.fk |
http://www.fidc.co.fk/ |
|
.fm |
http://www.dot.fm/policy.cfm |
|
.fo |
https://www.nic.fo/index.php |
|
.fr |
www.afnic.fr/obtenir/choix |
|
.ge |
www.nic.net.ge/policy_en.pdf |
|
.gf |
http://www.mediaserv.com/fileadmin/templates/box/pdf/CUS.pdf |
|
.gg |
www.isles.net/tandc.html |
|
.gi |
www.gibnet.gi/nic/rules.html |
|
.gl |
http://www.nic.gl/bin/view/Legal/ |
|
.gm |
www.nic.gm/htmlpages/gm-policy.htm |
|
.gn |
www.psg.com/dns/gn/ |
|
.gr |
grweb.ics.forth.gr/english/index.html |
|
.gs |
www.adamsnames.tc/register/terms.html |
|
.gt |
www.gt/politicas.html |
|
.hk |
https://www1.hkirc.hk/register/registraion_agreement.jsp?path=register&item=2 |
|
.hm |
www.registry.hm/HR_conditions.php |
|
.hr |
www.dns.hr/documents/pdf/HRTLD-regulations.pdf |
|
.hu |
www.domain.hu/domain/English/szabalyzat.html |
|
.id |
https://register.pandi.or.id/ |
|
.ie |
http://www.domainregistry.ie/ |
|
.il |
www.isoc.org.il/fs_isoc_domain.html |
|
.im |
https://www.nic.im/public/terms.mth |
|
.in |
http://www.registry.in/Policies |
|
.io |
www.io.io/terms.html |
|
.is |
http://www.isnic.is/about/terms.php |
|
.it |
http://www.nic.it/legal-issues |
|
.je |
www.isles.net/tandc.html |
|
.jp |
https://www.japanregistry.com/kiyaku_jrd_ddc.php |
|
.kg |
www.domain.kg |
|
.kh |
www.mptc.gov.kh |
|
.ky |
http://www.icta.ky/da_ky_dom_pol.php |
|
.lb |
http://www.auda.org.au/policy/current-policies/ |
|
.li |
www.switch.ch/id/terms/ |
|
.lk |
http://www.nic.lk/index.php?option=com_content&view=article&id=3&Itemid=3&lang=en |
|
.lt |
http://www.domreg.lt/static/doc/public/procedural_regulation-en.pdf |
|
.lu |
http://www.dns.lu/en/support/general-information/domain-name-policy-lu-charter/ |
|
.lv |
www.nic.lv/DNS/ |
|
.mc |
www.nic.mc/mcNicMain-us.html |
|
.md |
www.register.md/terms.php |
|
.mn |
http://file.domain.mn/Domain_name_registration_policies.pdf |
|
.mo |
www.umac.mo/sub-domain/sub-domain.html |
|
.ms |
www.adamsnames.tc/register/terms.html |
|
.mt |
www.nic.org.mt/ |
|
.mu |
http://www.nic.mu/index.php?option=com_content&view=article&id=49&Itemid=10 |
|
.mx |
www.nic.mx/ |
|
.my |
www.mynic.net.my/newhp/MYNIC-011_Choices.htm |
|
.na |
www.na-nic.com.na/ |
|
.nf |
http://nic.net.nf/ |
|
.ni |
http://www.nic.ni/index.php?s=2 |
|
.nl |
http://www.sidn.nl/ace.php/p,728,5693,368340178,AV_houders_UK_pdf |
|
.no |
www.norid.no/navnepolitikk.en.html |
|
.np |
http://register.mos.com.np/terms_and_conditions.asp |
|
.nu |
www.nic.nu/about/terms.cfm |
|
.nz |
www.domainz.net.nz/Domainz.asp |
|
.pa |
www.nic.pa/ |
|
.pe |
http://www.punto.pe/policy.php |
|
.ph |
www.domreg.org.ph/Policies1.asp |
|
.pk |
http://pk5.pknic.net.pk/pk5/pgPolicy.PK |
|
.pl |
www.dns.pl/english/index.html |
|
.pn |
www.nic.pn/PnRegistry/policies.htm |
|
.pr |
https://www.nic.pr/registration_agreement.asp |
|
.pt |
www.fccn.pt/DNS/Regras/?in_menu_option=80009 |
|
.py |
http://www.nic.py/pautas.html |
|
.ro |
www.rnc.ro/new/tld.shtml |
|
.ru |
www.ripn.net:8080/nic/dns/en/ |
|
.sa |
http://www.saudinic.net.sa/page.php?page=83&lang=1 |
|
.sb |
http://www.sbnic.net.sb/Policies.htm |
|
.se |
http://www.iis.se/en/domaner/villkor |
|
.sg |
www.nic.net.sg/ |
|
.sh |
www.nic.sh/ |
|
.si |
ftp://ftp.arnes.si/network/templates/domain-english.pdf |
|
.sm |
http://www.intelcom.sm/en_index.html |
|
.sn |
www.nic.sn/ |
|
.st |
www.nic.st/ |
|
.sv |
www.svnet.org.sv/ |
|
.sz |
http://www.sispa.org.sz/ |
|
.tc |
adamsnames.tc/register/terms.html |
|
.tf |
www.adamsnames.tc/register/terms.html |
|
.th |
http://www.thnic.net/index.php?page=policy |
|
.tm |
www.nic.tm/terms.html |
|
.tn |
www.ati.tn/ |
|
.to |
www.tonic.to/faq.htm |
|
.tt |
www.nic.tt/agreement.html |
|
.tv |
http://www.verisign.com/legal-notices/terms-of-use/index.html |
|
.tw |
www.twnic.net/english/dn/dn_02.htm |
|
.ua |
www.nic.net.ua/doc/ua-policy.txt |
|
.uk |
http://www.nic.uk/registrants/aboutdomainnames/legal/terms/ |
|
.ve |
http://www.nic.ve/uploads/B7/Gm/B7GmWPx0jo4h8GYJ-zSuKw/condiciones_nicve.pdf |
|
.vg |
http://www.adamsnames.com/register/terms.txt |
|
.vi |
www.nic.vi/Terms___Conditions/terms___conditions.html |
|
.vu |
www.vunic.vu/faq.htm?G642255E;; |
|
.ws |
www.worldsite.ws/legal/index.dhtml?url=worldsite.ws |
|
.za |
co.za/annexure.html |
EXHIBIT P
.ASIA Terms and Conditions. |
| 1. |
Use of Personal Data by Registry Operator
The Registered Name Holder consents to the use, copying, distribution, publication, modification and other processing of its Personal Data by DotAsia Organisation Limited and its designees and agents in a manner consistent with the purposes specified pursuant to the Registry-Registrar Agreement and with relevant mandatory local data protection, laws and privacy.
|
| 2. |
Timely Update of Information
The Registered Name Holder agrees to correct and update the registration information for the Registered Name immediately during the registration term for the Registered Name.
|
| 3. |
Compliance with Registry and ICANN Policies
In addition to the complying with the Registrar's policies, the Registered Name Holder agrees to comply with those ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator DotAsia Organisation Limited has monitoring responsibility in accordance with the Registry Agreement or with other arrangements with ICANN.
The Registered Name Holder agrees to comply with all the operational standards, policies, procedures, and practices for the .ASIA Registry as established from time to time in a non-arbitrary manner by DotAsia Organisation Limited ("Registry Policies "). The Registered Name Holder acknowledges that Registry Policies are applicable to all registrars and/or registered name holders. Any changes of the Registry Policies by the DotAsia Organisation Limited that are consistent with the Registry Agreement shall be effective upon thirty (30) days' notice by DotAsia Organisation Limited to Registrar.
The Registered Name Holder agrees to be bound by the terms and conditions as set down by DotAsia Organisation Limited during the initial launch and the general operations of the .ASIA TLD, including without limitation its Start-Up Policies where such terms and conditions include the submission to a binding arbitration for disputes arising from the Start-Up process or any allocation of domain names.
|
| 4. |
Dispute Resolution
The Registered Name Holder agrees to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and to proceedings commenced under ICANN's Charter Eligibility Dispute Resolution Policy ("CEDRP").
The Registered Name Holder agrees to submit to proceedings commenced under other dispute resolution policies as set forth by DotAsia Organisation Limited from time to time in the Registry Policies, including but not limited to expedited processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security and integrity of the .ASIA Registry.
|
| 5. |
Charter Eligibility Declaration Contact's Joint Responsibility
The Registered Name Holder acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirement.
The Registered Name Holder acting as Registrant Contact represents and warrants that it has made known to the Charter Eligibility Declaration Contact (the "CED Contact"), and the CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly be defined as the Registered Name Holder, and that it shall be jointly responsible for the Registered Name in the event of a dispute or a challenge over the Registered Name Holder/Registrant's* legal entitlement to or the ownership of the Registered Name. The CED Contact shall be bound by the provisions in the DotAsia Organisation Limited's .ASIA Charter Eligibility Requirement Policy published from time to time.
Registered Name Holder acting as Registrant Contact agrees that it has obtained an agreement from the CED Contact that the Registrant Contact shall remain the Operating Contact for all operations of the domain, including but not limited to domain transfer and updates.
|
| 6. |
Indemnity Given to Registry Operator
The Registered Name Holder agrees to indemnify, to the maximum extent permitted by law, defend and hold harmless the Registry Operator DotAsia Organisation Limited and its directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.
Notwithstanding the other provisions in this Agreement, the Registered Name Holder agrees that this indemnification obligation shall survive the termination or expiration of this registration agreement.
|
| 7. |
DotAsia Organisation Limited's Reservation of Rights
The Registered Name Holder acknowledges and agrees that DotAsia Organisation Limited and Registry Services Provider, acting in consent with DotAsia Organisation Limited, reserves the right to deny, cancel or transfer any registration that it deems necessary, in its sole discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply with all appropriate laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of DotAsia Organisation Limited as well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders; (iv) for violations of the terms and conditions herein: or (v) to correct mistakes made by DotAsia Organisation Limited, the Registry Services Provider or any registrar in connection with a domain name registration. DotAsia Organisation Limited also reserves the right to freeze a Registered Name such as placing a domain name on hold, lock, or other status during the resolution of a dispute.
|
| 8. |
DotAsia Organisation Limited as Intended Third-Party Beneficiary
Notwithstanding anything in this Agreement to the contrary, DotAsia Organisation Limited, the Registry Operator of the .ASIA TLD, is and shall be an intended third party beneficiary of this Agreement. As such, the parties to this Agreement acknowledge and agree that the third party beneficiary rights of DotAsia Organisation Limited have vested and that it has relied on its third party beneficiary rights under this Agreement in agreeing to MarkMonitor Inc. being a registrar for the .ASIA TLD. Additionally, the third party beneficiary rights of DotAsia Organisation Limited shall survive any termination or expiration of this Agreement.
Conflict between this Section with Other Sections of Registration Agreement
The Registered Name Holder acknowledges that in the event of conflict between this section of the Agreement and other sections of the same, this section shall prevail.
|
EXHIBIT Q
.LU Terms and Conditions
|
| 1. |
Nameservers
| 1.1 |
For registered active domain names there must be an operational primary and an operational secondary Domain Name System (DNS) nameserver. Both need permanent IP connectivity to the Internet (for queries and zone transfers) in order to be easily checked for operational status and database accuracy at any time by DNS-LU. The software used must implement the IETF standards for DNS, currently RFC1035 and RFC2181. The servers should be in physically separate locations and on different networks (cf. Best Current Practice RFC2182).
|
| 1.2 |
The primary and secondary domain nameservers should be active permanently and respond to DNS queries before the application form for the registration of a new active domain name is submitted. If the nameservers do not respond properly during the registration process, the application form cannot be processed.
|
| 1.3 |
DNS-LU has the right to test the DNS operation regularly and may set the domain name to inactive in case of repeated failures (cf. 1.1.).
|
|
| 2. |
Fees
| 2.1 |
A charging scheme based on a cost recovery model for the reservation and the use of domain names under the top level domain LU is introduced as from January 1, 1997. For further information, please check the document "Fees for domain name registration" which is an integral part of the terms and conditions of this contract.
|
|
| 3. |
Invoices
| 3.1 |
Invoices are sent to the billing contact (agent) as listed in the application form or to the administrative contact if no billing contact has been provided.
|
| 3.2 |
If the applicant uses an agent for payment of fees, DNS-LU will first seek payment from the agent; but if the agent does not pay the fees for whatever reason, DNS-LU will have the right to recover the fees from the applicant. |
| 3.3 |
The applicant acknowledges that the non-payment of the fees by the billing agent according to the terms of article 7 will result in DNS-LU having the right to cancel the domain name without prior notification to the applicant.
|
|
| 4. |
Processing order of requests
| 4.1 |
Fax messages and letters are processed in chronological sequence of arrival. The registry will not be liable for any errors which may occur when fax messages and letters are being processed.
|
| 4.2 |
The entity seeking registration is fully responsible for the accuracy of the information provided to the RESTENA Foundation and is therefore required to supervise any records in the repository belonging to said entity. |
| 4.3 |
Applications for modifications and termination of domain names are processed in the same way as described above. Exceptions to chronological order may occur under certain circumstances and upon special request by registrants.
|
|
| 5. |
Start of registration, processing time
The domain name will be registered normally within 10 working days upon receipt by the RESTENA Foundation of a valid application form for a new second level domain name.
|
| 6. |
Suspension of registration
When an entity submits an application form containing gross errors, the registry may suspend the registration process.
|
| 7. |
Inactivation of domain names, 'on-hold' period
| 7.1 |
If the applicant does not pay the outstanding fees, a first reminder will be sent to the applicant after a period of 30 days from the date of the invoice. If no payment is received by DNS-LU after another period of 30 days, a second reminder will be issued to the applicant and active domain names will be set to inactive.
|
| 7.2 |
DNS-LU will in this case put that domain name 'on-hold' status for a period of 30 days. As long as the domain name is 'on-hold' status, that domain name will be set to inactive and not be available for use by any party.
|
| 7.3 |
After elapse of this final period of 30 days (90 days from the date of the invoice), DNS-LU will have the right to remove the domain name from the LU nameserver.
|
| 7.4 |
Removed domains become available subjet to conditions described under point 8.3. |
|
| 8. |
Termination of registration
| 8.1 |
An active or inactive registration of second level domain names may be erased from the repository due to notably the following reasons:
| (a) |
When the applicant requests termination of his entry. The request needs to be sent to the RESTENA Foundation in writing on the pre-printed forms and must be signed by the administrative contact. Allow normally no more than 30 days to process the request.
|
| (b) |
When no or insufficient payment for registration/reservation is received after elapse of the 'on-hold' period as defined in article 7. |
| (c) |
When the registration had been unlawful. Deletion may be enforced as result of a court decision. |
| (d) |
The applicant has provided false information to DNS-LU, or has failed to notify an updated version of its form to DNS-LU within 30 days time. |
| (e) |
The holder of the domain name has ceased to exist, and the RESTENA Foundation has not been notified an eventual transfer of the domain name by the transferee. |
| (f) |
The holder fails to respect any of its obligations as contained in the present document and the documents Domain name charter and Fees for domain name registration, as amended from time to time by DNS-LU. |
|
| 8.2 |
When an entity loses its right to use a domain name, no refund of any pre-paid fees will be made. |
| 8.3 |
After a domain name name has been deleted, it spends 30 days in quarantine. During this period of time, the domain name may be reactivated on behalf of the former holder, subject to the payment of registration fees by which the domain name is then automatically renewed for one additional year. Once the 30 day quarantine period has passed, the name is again made available to the public to register. During the quarantine, a domain name may never be transferred to a new holder. By way of derogation, there is no quarantine if a domain name is deleted for reasons stated under paragraph 8.1. points (c), (d), (f). |
|
| 9. |
Responsibilities for domain names
| 9.1 |
The applicant warrants to DNS-LU that the details submitted by the applicant to DNS-LU are true and correct, and that future additions or alterations to those details will be true and correct. |
| 9.2 |
DNS-LU does not accept any responsibility for the use of any domain name on the register of LU domain names and in particular for any conflict with trade marks, registered or unregistered, or with rights to names in other contexts. DNS-LU is hereby expressly exempted from any and all responsibility for the verification of rights to a name. |
| 9.3 |
The applicant indemnifies the registry against any claim that the registration of the domain name or the manner in which the domain name is directly or indirectly used infringes the legal rights of any third party and indemnifies them against the reasonable costs and expenses, however they may arise, incurred in defending or dealing with such a claim. |
|
| 10. |
Solving conflicts
| 10.1 |
When a domain name has been registered or is in progress of being registered, it is the responsibility of the entity wishing afterwards to apply for the same domain name to research the existing repository and pursue any litigation which may be necessary against the existing registrant, should the applicant believe that he holds a valid title to that name and that the existing registrant has no right to the domain name.
|
| 10.2 |
Entities and registrants acknowledge and agree that the RESTENA Foundation cannot act as arbiter of disputes arising out of the registration and use of domain names. The conflicting parties should solve their conflict by either reaching a settlement, which must be in written form and duly signed by both parties, or by obtaining a court decision. The court decision or the settlement must be notified by registered mail to the RESTENA Foundation within the following ten days. |
|
| 11. |
Transfer of ownership ("Trade")
| 11.1 |
In order to change ownership (trade) of an existing domain name, the new applicant must file a Trade Request Form and join a new application form for said domain name. The operation will be validated upon reception of the approval by the actual holder. |
| 11.2 |
The transferee must pay the corresponding fees as provided in the document Fees for domain name registration. |
| 11.3 |
The previous owner of the domain name has in that case no right to any refund of pre-paid fees.
|
| 11.4 |
DNS-LU will not require a transfer of the domain name in the following cases:
(a) A change occurs in the name of the legal entity.
(b) The entity changes its legal form.
|
| 11.5 |
Any transfer and any change to the holder of the domain name as provided at point 11.4. must be notified within 30 days to the RESTENA Foundation on the pre-printed form, which has to be duly dated and signed by the administrative contact.
|
|
| 12. |
Liability of the RESTENA Foundation
| 12.1 |
In no circumstances will the RESTENA Foundation be liable for any loss of use, profit or interruption of business, or any indirect, special, incidental, or consequential damages of any kind regardless of the form of action whether in contract, tort (including negligence), or otherwise, to the registrant or any other person, even if the registry has been advised of the possibility of such damages.
|
| 12.2 |
DNS-LU's liability to the applicant under the contract or otherwise (including liability for negligence) is limited to 125% of the registration fees paid in respect of a particular period of registration.
|
|
| 13. |
Rejects
| 13.1 |
In order to change ownership (trade) of an existing domain name, the new applicant must file a Trade Request Form and join a new application form for said domain name. The operation will be validated upon reception of the approval by the actual holder.
| (a) |
incomplete or missing entries in the application form,
|
| (b) |
any part of the data stated in the application form turns out to be false, |
| (c) |
the domain name fails to meet the requirements specified in the Domain name charter, |
| (d) |
administrative contact is not an authorized agent of the entity, |
| (e) |
no primary and/or secondary DNS server(s) responding, |
| (f) |
primary and/or secondary DNS server(s) not responding properly, |
| (g) |
open payments by the applicant for the same domain name, |
| (h) |
no or no valid e-mail addresses provided for all contacts |
|
|
| 14. |
Notifications
Notifications are sent to the entity when applications for registration, modification or deletion have been accepted or rejected. Notifications are sent by e-mail if a valid and working e-mail address is provided. In case of failure of the e-mail notification, a notification is sent by postal mail or fax. |
| 15. |
Privacy
| 15.1 |
The RESTENA Foundation reserves the right to make entries in the repository publicly available in any electronic and written form. The data provided by the applicant will thus be included in the WHOIS database, where it can be accessed by every user. According to international standards, the data has to be made public in order to guarantee the proper functioning of the Internet.
|
| 15.2 |
The applicant can check the accuracy of the information about its domain name at any time in the WHOIS database, and must inform DNS-LU in due time about any errors contained in that database.
|
| 15.3 |
If changes occur to the provided information, the applicant has the duty to notify the new data within 30 days to DNS-LU. The applicant assumes the responsibility for the accuracy of the provided information, and acknowledges expressly the right of DNS-LU to cancel any registration which is based on false or misleading data.
|
|
| 16. |
Applicable law, jurisdiction
| 16.1 |
This domain name policy shall be governed by and construed according to Luxembourg law. |
| 16.2 |
The previous owner of the domain name has in that case no right to any refund of pre-paid fees.
|
|
EXHIBIT R
Domain Registration |
| 1. |
Indemnification. To the maximum extent permitted by law, Domain Name Holder shall indemnify, defend and hold harmless Registry, its service providers, subcontractors and their respective 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 the Domain Name Holder's Domain Name. Such indemnification shall survive any termination or expiration of the registration agreement. |
| 2. |
Use of Personal Data. Domain Name Holder consents to the use, copying, distribution, publication, modification and other processing of Domain Name Holder's Personal Data by Registry, its service providers, subcontractors and agents in a manner consistent with Registry's posted privacy policy, Registry's WHOIS policy and all other purposes of collection notified to Registrar by Registry. |
| 3. |
Uniform Domain Name Dispute Resolution Policy. Domain Name Holder will submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"). |
| 4. |
Updating Registration Information. Domain Name Holder will immediately correct and update the registration information for the Domain Name during the registration term for the Domain Name. |
| 5. |
Launch and Sunrise Programs. Domain Name Holder will agree to be bound by the policies relating to the initial launch of the Registry TLD, such as the Sunrise Policy and any applicable Landrush requirements, and will acknowledge that Registry has no liability of any kind for any loss or liability resulting from any such policies or requirements, including, without limitation: (a) the ability or inability of a registrant to obtain a Domain Name during these periods, and (b) the results of any dispute over a Sunrise registration. |
| 6. |
Compliance with TLD Requirements. Domain Name Holder's use of the Domain Name shall comply with all applicable TLD Requirements, including, but not limited to, the Acceptable Use Policy and the Sunrise Policy. |
| 7. |
Right to Deny, Cancel or Transfer a Registration. Domain Name Holder acknowledges and agrees that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any Domain Name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion: (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (d) per the terms of the registration agreement; (e) to correct mistakes made by Registry or any Registrar in connection with a Domain Name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the Domain Name in a manner contrary to the intended purpose of the Registry TLD. Registry also reserves the right to lock, hold or place a similar status a Domain Name during resolution of a dispute. Registry shall have no liability to of any kind to Domain Name Holder, its customers, affiliates, service providers or any other party as a result of such denial, cancellation or transfer. |
| 8. |
Representations and Warranties. By submitting a request for a Domain Name, Domain Name Holder represents and warrants that:
| I. |
to its knowledge, the registration of the requested Domain Name does not and will not infringe upon or otherwise violate the rights of any third party; |
| II. |
it is not submitting the request for a domain name for an unlawful purposes, and it will not use the Domain Name for an unlawful purpose; |
| III. |
it will not knowingly use the Domain Name in violation of any applicable laws or regulations or of the rights of any third parties; and |
| IV. |
that it will use the Domain Name in accordance with the TLD Requirements. |
|
| 9. |
Communications with Domain Name Holder. Registry may communicate directly with the Domain Name Holder in connection with issues relating to a Domain Name and the Domain Name Holder's membership of the .tel community.
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| 10. |
Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Domain Name Holder and Registry relating to a Domain Name or a request for a Domain Name shall be subject to the laws of England and Wales and the exclusive jurisdiction of the courts in England and Wales.
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Community Hosting
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| 1. |
Responsibility for Content. Domain Name Holder is solely and fully responsible for all information, data and text (“Content”) provided in connection with the Domain Name. The name service provider, its service providers and designees shall have the right (but not the obligation) in their sole discretion to refuse or remove any Content.
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| 2. |
Use of Information. Domain Name Holder agrees to provide updated, current Content. If Domain Name Holder provides information about a third Party or employer, Domain Name Holder hereby represents and warrants that it has (a) provided notice to that third Party of the disclosure and use of that Party’s information in connection with the Domain Name, and (b) obtained that third Party’s express consent to the disclosure and use of that Party’s information.
Domain Name Holder expressly consents to the use of Content by Telnic and its service providers to provide the Services, to conduct analyses related to the Services, and as otherwise described in Telnic’s posted privacy policy.
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| 3. |
Prohibited Activities. Domain Name Holder will not use the services or provide content which could (a) violate any applicable local, state or national law, (b) give rise to criminal, civil or other liability to the name service provider, its service provider or designees, or (c) damage the reputation of the name service provider, its service provider or designees.
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| 4. |
Reservation of Rights. MarkMonitor Inc. and/or its service providers reserve the right to withhold or suspend services as it deems necessary in its discretion; (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees; (d) for violations of this Agreement, including, without limitation, the exhibits hereto; (e) to correct mistakes in connection with a domain name registration; (f) to enforce the TLD Requirements; and (g) to prevent use of the Domain Name in a manner contrary to the intended purpose of the Registry TLD. MarkMonitor Inc. and/or its service providers also reserve the right to suspend the provision of services during resolution of a dispute. |
| 5. |
Representations and Warranties. Domain Name Holder represents and warrants that:
| a. |
to its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third Party; |
| b. |
it does not intend to use the Content for any unlawful purposes; |
| c. |
it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; and |
| c. |
it will comply with the TLD Requirements. |
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| 6. |
Communications with Domain Name Holder. Telnic shall have the right to communicate directly with the Domain Name Holder in connection with any issue relating to a Domain Name and the Domain Name Holder’s membership of the .tel community. The Domain Name Holder will respond promptly to such communications from Telnic and will resolve in any errors in content notified to the Domain Name Holder.
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| 7. |
Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Domain Name Holder and Telnic relating to a Domain Name or a request for a Domain Name shall be subject to the laws of England and Wales and the Parties submit to the exclusive jurisdiction of the courts of England and Wales.
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EXHIBIT S
TERMS AND CONDITIONS FOR REGISTRANTS
All registrants of .IN Domain names will be bound by the following terms and conditions, which may be amended by .IN Registry from time to time. |
| 1. |
Contact Details: The Registrant shall provide to Registrar accurate and reliable contact details and promptly correct and update them during the term of the Registered Name, including: the full name, postal address, email address, voice telephone number, and fax number if available of the Registrant; name of authorized person for contact purposes, in case of a Registrant that is an organization, association, or corporation. The email address submitted in the contact information will be that of the Registrant only. This correct information should be available in WHOIS of .IN Registry, and it is the duty of the Registrant to check this information from time to time and make sure that it is up-to-date. |
| 2. |
Inaccurate Information: A Registrant's willful or grossly negligent provision of inaccurate, false or unreliable information, and in the event the registrant willfully or grossly neglects to promptly update information provided to Registrar shall constitute a material breach of the Registrant's Registration Agreement with the Registrar and be a basis for cancellation of the Registered Name, and any other action under the relevant laws of India. |
| 3. |
Proxy/Privacy Services: Any kind of proxy services are not allowed, and if the data is wrong or masked out by any proxy/ privilege protection services, the Registrant shall not be recognized as the owner of the domain name. |
| 4. |
No illegal/ obscene Content: The Registrant undertakes that it shall not register a domain name which is contrary to public policy and that the Content of the website shall not be violative of any Indian Laws. |
| 5. |
Lawful Usage of Domain Name: The Registrant shall use the domain name in such a way that it does not violate any third-party rights, applicable laws or regulations, including discrimination on the basis of race, language, sex or religion and the Registrant further warrants that it shall not register or use the domain name in bad faith or for any unlawful purpose. |
| 6. |
.IN Registry considers illegal or fraudulent actions, spamming,
using email in denial-of-service attacks, Phishing, Pharming, Botnet command and control, Distribution of pornography, Illegal Access to other computer and networks etc. as abusive use of domain name. Registry can suspend the Registered name in such cases and initiate action accordingly. Further, Fast Flux hosting may be used only with prior permission of .IN Registry. |
| 7. |
Fees and Payment: Payment of any fees due, for which the Registrant is solely liable, must be made with the Registry via Registrar. The Registry is not responsible for any failure on the part of the Registrar in this respect, including where such failure results in non-registration or cancellation of the Domain Name. |
| 8. |
Limitation of Liability: The Registrant shall be liable for any costs, expenses or damages incurred by the Registry for any breach of these Terms and Conditions. Furthermore, the Registrant shall hold the Registry harmless from claims filed or disputes initialed by third parties to this Agreement, and shall compensate the Registry for any costs or expenses incurred or damages it may suffer through third parties taking action against it on the grounds that the application for the registration or the use of the Domain Name by the Registrant infringes the rights of said third parties. |
| 9. |
Term, Renewal of the Domain Name Registration: The Registry is under no obligation to inform the Registrant in advance, when the Term of a domain name registration is about to expire. Registrant is fully responsible for ensuring that renewal is done well in time.
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| 10. |
Suspension/ Cancellation of Domain Names: The .IN Registry shall be entitled to immediately suspend or cancel the Domain Name Registration, when the Registrant is in breach of the Terms and Conditions as enshrined here. |
| 11. |
.IN Dispute Resolution Policy and Procedure (INDRP): A Registrant is required to submit to mandatory arbitration proceedings in the event a complainant files a complaint with .IN Registry, against a registrant on the basis of unlawful registration of a domain name. The arbitration proceedings shall be conducted by one of .IN Registry Empanelled Arbitrators, in accordance with Dispute Resolution Policy and Procedure and Arbitration & Conciliation Act, 1996. |
| 12. |
Reservation of Rights for the .IN Registry: The .IN Registry reserves the right to instruct its Registry Services Provider to deny, cancel, transfer or otherwise make unavailable any registration that it deems necessary or place any domain name(s) on registry lock and/or put a domain name on hold in its discretion: (1) to protect the integrity and stability of .IN Registry; (2) to comply with any applicable laws, Indian 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 the .IN Registry, as well as its affiliates, subsidiaries, officers, directors, representatives and employees; (4) for violations of this Agreement; or (5) to correct mistakes made by the Registry or any Registrar in connection with a domain name registration. The Registry also reserves the right to freeze a domain name during resolution of a dispute pending before arbitrator(s) appointed under Registry’s Domain Name Dispute Resolution Policy and/or a court of competent jurisdiction.
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