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) are governed by the Clarivate Analytics Terms, the Product/Service Terms for MarkMonitor and the Operational Materials for MarkMonitor Services each available at http://terms.clarivate.com. Further, by requesting domain services, you are a domain registrant and subject to the ICANN and registry related requirements that apply for all domain registrants, as may be updated from time to time. A detailed list of specific requirements is set forth in the terms and Exhibits below. Furthermore, you agree not to use the Domain Registration Services to distribute malware, abusively operate botnets, for phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting, or otherwise engage in any activity contrary to any applicable law.
MarkMonitor makes available a privacy notice for the Domain Registration Services available on its website in respect of MarkMonitor’s own processing of personal data
– 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.
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- 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). - 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. - 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. - .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:- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (1) the exchange of goods, services, information, or property of any kind; or, (2) the ordinary course of trade or business.
- Your Representations
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.
- .BIZ Certification
As a .biz domain name registrant, you hereby certify to the best of your knowledge that- The registered domain name will be used primarily for bona fide business or commercial purposes and not (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
- The domain name registrant has the authority to enter into the registration agreement; and
- The registered domain name is reasonably related to the registrant’s business or intended commercial purpose at the time of registration.
- Provision of Registration Data
- 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.
- 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.
- 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:- The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm.
- The Start-up Trademark Opposition Policy (“STOP”), available at http://www.neulevel.com/countdown/rdrp.html.
- 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.
- 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. - 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. - 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.
EXHIBIT B
.INFO Terms and Conditions
THE PROVISIONS CONTAINED IN THIS EXHIBIT B ARE SPECIFIC TO THE .INFO SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT B, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .INFO SERVICE.
- Indemnification of Registrar and Registry Operator. You acknowledge and agree that Affilias, the .info Registry Operator, and MarkMonitor will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the Sunrise Period (initial registration period for registered trademark holders), the pre-registration application service offered by MarkMonitor, or the Land Rush Period (registration period following Sunrise Period, subject to certain selection processes), including, without limitation: (a) the ability or inability of a Registered Name Holder to obtain a registered name during these periods, and (b) the results of any dispute over a Sunrise Registration. You acknowledge and agree that neither MarkMonitor nor the Registry Operator guarantee that you will be able to register your requested .info domain name.
- Governing Law. You acknowledge and agree to submit to proceedings commenced under ICANN’s UDRP and Sunrise Dispute Resolution Policy (“SDRP”) adopted by the Registry Operator. Except as otherwise set forth in the UDRP 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.
EXHIBIT C
.NAME Terms and Conditions
THE PROVISIONS CONTAINED IN THIS EXHIBIT C ARE SPECIFIC TO THE .NAME SERVICE. ANY PROVISION CONTAINED IN THIS EXHIBIT C, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS AGREEMENT SHALL CONTROL, AS IT RELATES TO THE .NAME SERVICE.
I. Terms applicable to the .name domain and email forwarding services.
- 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 - Appendix L of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm (b) Email forwarding:
- 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
- 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: - You have the authority to enter into this Agreement; and
- The registered domain name or .name email address is your Personal Name.
- 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:- Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
- the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
- 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. - 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. - 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. - .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: - 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;
- 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;
- 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
- 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. 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. - 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. - 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. - 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.
II. Terms and Conditions applicable to .name Defensive Registrations
- DEFENSIVE REGISTRATION
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. 1.2 Please refer to the following URLs for a service description of .name defensive registrations: - 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
- Appendix L of the ICANN Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
- 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
1.3 Anyone may apply and register a Defensive Registration, for any string or combination of strings. - 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. 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. 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. - 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. - 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. - 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. - 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. - 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. - 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. - 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.
III. TERMS AND CONTITIONS APPLICABLE TO NAMEWATCH
- 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. - SERVICE DESCRIPTION
Please refer to the following URLs for a service description of the .name domain and email forwarding services:- 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
- 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
- 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. 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. - 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:- the Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
- the Eligibility Requirements Dispute Resolution Policy (the “ERDRP”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
- 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.
- 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. - 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. - 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. - 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. - 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. - 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.
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.
- 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. - 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. - 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. - 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. - 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). - 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. - 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. - .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. - .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. - Provision of Registration Data
- 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. - 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.
- Provision of Registration Data
- 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. - 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. - 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. - 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. - 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.
EXHIBIT E
CCTLD TERMS AND CONDITIONS THE PROVISIONS CONTAINED IN THIS EXHIBIT E ARE SPECIFIC TO THE ANY ccTLDs ORDERED (REFERRED TO COLLECTIVELY AS “ccTLD SERVICE”). EXCEPT FOR ANY EXHIBIT APPLICABLE TO A SPECIFIC ccTLD, ANY PROVISION CONTAINED IN THIS EXHIBIT E, WHICH CONFLICTS WITH ANY OTHER PROVISION OF THIS MarkMonitor REGISTRATION SERVICES AGREEMENT SHALL CONTROL, AS IT RELATES TO THE ccTLD SERVICE.
- Prices
MarkMonitor’s ccTLD prices are quoted at the time an order is placed. Such prices are subject to change from time to time by MarkMonitor. - Registrar Transfers
You understand and acknowledge that the fees charged by MarkMonitor for a transfer of registrar or management may not include an extension of the ccTLD registration period and additional fees will apply for any ccTLD renewals. - Additional Documentation Required
You acknowledge that ccTLD Services frequently require additional documentation from time to time to facilitate the processing of any ccTLD Service. You agree that you will cooperate with MarkMonitor to provide such additional documentation as needed to process your ccTLD request. - Delays in processing ccTLD Services
Because many ccTLD registries do not have automated registration services, the processing of certain ccTLD requests may involve a manual process, which inevitably causes delays in completion of the work by MarkMonitor. You acknowledge that some ccTLD requests may take several months to complete and that, in some circumstances, you may not qualify under the applicable rules of the applicable ccTLD Registry Operator for the requested ccTLD registration. - ccTLD Registry Operator Policies
Your registration of any ccTLD is subject to the policies established and subsequently revised by the ccTLD Registry Operators. Links to the respective ccTLD policies that are currently available are set forth at the respective ccTLD websites as described on Attachment E-1 hereto. You agree to be bound by and comply with all applicable ccTLD registry policies for any ccTLDs managed by MarkMonitor, as such policies may be modified from time to time by the respective Registry Operators. - Billing Contact
You acknowledge and agree that, in order to complete the transfer of a registered ccTLD to MarkMonitor, it may be necessary for MarkMonitor to serve as the billing contact for such ccTLD. Upon submission of a request to transfer a pending ccTLD registration, MarkMonitor is authorized to modify the billing information as appropriate to reflect MarkMonitor’s current billing information. - Local Presence Services
MarkMonitor has contracted with third parties to provide local contacts, and where appropriate, local presence services for its customers in an effort to assist its customers to qualify for certain ccTLDs. MarkMonitor ‘s services shall not be construed as including legal or tax advice with respect to the registration and management of any of your ccTLDS managed through MarkMonitor. You are advised to seek international legal and tax advice pertaining to the utilization of any such local presence and local contact services. In some cases, utilization of local presence services may require that the WHOIS record for such ccTLD indicate that the local agent is the owner of such domain name. By agreeing to utilize any such local presence or contact services, you agree that: (a) MarkMonitor is authorized to contract with the third party provider on your behalf, and (b) MarkMonitor is granted the limited right and license to register the requested ccTLD domain name in the name of its third party provider, where appropriate.MarkMonitor SHALL NOT BE LIABLE FOR ANY INJURY, LOSS, CLAIM, LIABILITY OR DAMAGE OF ANY KIND RESULTING FROM ANY USE, ERRORS, DELAYS OR OMISSIONS RELATED TO THE CCTLD SERVICES, INCLUDING WITHOUT LIMITATION, ANY ERRORS IN TRANSLATION OR ANY FAILURES TO QUALIFY FOR THE APPLICABLE CCTLD UNDER ITS RESPECTIVE RULES.
EXHIBIT E-1
EXHIBIT F
Nominet UK – Terms and Conditions
https://www.nominet.uk/uk-domains/policies/policies-rules/#registrationterms
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:
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.
- 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:- Real Time Propagation – Changes and updates to DNS records fully propagate in within minutes;
- Quick Record Adding – Allows customer to add single records;
- Bulk Record Adding – Allows customer to add many records at one time;
- Dynamic Import of Existing DNS Records – Zone import feature transfers customer’s complete set of existing DNS records including reverse DNS to MarkMonitor DNS;
- Full Access Record Editing – The ability to edit A Records, CNAME Records, MX Records, and PTR Records;
- Alias Setup – Point domains to a specific site to avoid a ‘site not found’ error message.;
- Whole Zone or Individual Record TTL Editing – Edit the “Time To Live” within zones or individual records by hand;
- Active/Inactive Record Status – Allows customer to take a sub-domain or alias off-line temporarily without removing it from the control panel;
- Syntax Checking – Checks for common mistakes to prevent miss-configuration of entered information;
- DNS Lockdown – Prevents accidental zone changes as lockdown can be done at the record, zone. or global level;
- DZRC – Dynamic Zone and Record Creation for auto-creation of zones and records upon registration;
- Scheduling – Schedule DNS records to activate, deactivate or change to another record type at a predefined time.
- 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. - 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. - Fees
Customer agrees to pay MarkMonitor the Fees applicable to any DNS Services ordered hereunder. - 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. - 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. DNS Services are only available for domain names managed by MarkMonitor. 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. - 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.
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 .JOBS SERVICES). 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
- 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. - .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, .JOBS Procedures), 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. - 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 - 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. - 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. - 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. - 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. - 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. - 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. - 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
.EU Domain Names
.EU Terms and Conditions: https://eurid.eu/d/205798/Terms_and_Conditions_EN.PDF
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.
- 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 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; 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); 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. 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; 1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested; 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; 1.8 use your personal information only as authorised by you; 1.9 take all reasonable steps to safeguard and protect all information about you stored in our databases and system(s); 1.10 comply with any order of any authority having jurisdiction regarding any domain name registered to you; 1.11 use our best endeavours to deal with any complaints you may have about the services we provide for you. - 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; 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; 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; 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; 2.5 ensure that you only use the .NZ Services for a lawful purpose; 2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet; 2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with; 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. 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. - 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. 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 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 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. - REGISTER IS THE RECORD
For all purposes the details shown in the register shall be treated as correct and the authoritative record. - PAYMENT OF FEES
5.1 You agree to pay for the services we provide for you. 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. 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. 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. 5.5 Our prices are stated in United States dollars and include all applicable taxes. - 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. - 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. - 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; 8.2 every officer, employee, contractor, agent of us or any entity in clause 8.1; 8.3 anyone else we get to perform our duties under any agreement you have with us. 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.
- 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. - 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; 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; 10.3 except as otherwise stated, you may take action against us only in a New Zealand court; 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. - 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. 11.2 We may end the agreement for any other reason by giving you one month’s notice. - 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. - 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. - 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.
.nz Domain Names
MarkMonitor is fully compliant with the DNC Individual Registrant Privacy Option (IRPO). If an individual registrant would like to have their contact telephone number and address omitted from the Whois database, please reach out to your Client Services Manager.
Registrant agreement core terms and conditions
EXHIBIT M
.MOBI Terms and Conditions
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)
.SE Domain Names
MarkMonitor is an accredited registrar for the top level domain, .se. Together with the Foundation, MarkMonitor is working for positive development of the Internet in Sweden for the benefit of users and society at large. Our common goal is satisfied domain holders, regardless of whether they are large organizations or private persons.
Link to the Foundation’s terms and conditions—Here you find out about the terms that apply for registration of .se domain names.
Services and prices for domain name registration at MarkMonitor
All pricing is available within the MarkMonitor domain portal.
Information about handling of personal information
MarkMonitor handles personal information in compliance with the Swedish Personal Data Act (1998:204) and the Foundation’s controller of personal data agreement.
Hours of operation
MarkMonitor’s support department answers received questions Monday through Friday, between the hours of 6:00 AM and 6:00 PM MST. You can either e-mail your questions to custserv@markmonitor.com or call us at 208 389-5740. We will answer your questions as quickly as possible.
Company information
https://www.markmonitor.com/contact/
Whois publication consent
I give .SE (The Internet Infrastructure Foundation) permission to publicly publish my personal data via the Whois function. Read more about Whois at https://www.iis.se/english/domains/free/rules-and-description-of-whois/
Privacy Policy
I have read and accept the terms and conditions applicable for the top-level domain .se and has taken part in the privacy policy for the domain name register.
The Policy can be located here:
https://www.iis.se/docs/IIS-integritetspolicy_se_eng.pdf
https://www.iis.se/docs/IIS-integritetspolicy_nu_eng.pdf
.ES Domain Names
Data Protection
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 the MarkMonitor portal at https://corp.markmonitor.com/login/extjs/index.html. 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 breach of its obligations.
The personal data provided by the applicant will be notified to the Public Business Entity Red.es, located at www.red.es. Said notification is necessary to execute this contract. The applicant undertakes, to this effect, to keep the information provided up-to-date by way of the procedure established for said purpose.
In processing the applicant’s personal details, the Entity shall act in accordance with the provisions of the General Data Protection Regulation (Regulation (EU) 679/2016), not using them for purposes other than those set forth herein and in the regulations governing the assignment of “.es” domain names. Applicants are informed that assignment of the domain name necessarily requires that their personal data be published in the Registry Database of “.es” domain names, accessible to the public via Internet. In signing this document, the Applicant gives consent for data transfer and processing, including the publication of personal data in the Registry Database of “.es” domain names.
The rights of access, rectification, deletion and portability of data and the limitation or objection to the processing thereof may be exercised vis-à-vis MarkMonitor Inc, at its registered address located at 3540 E. Longwing Ln., Ste. #300, Meridian, ID 83646 US or directly vis-à-vis Red.es as data controller.
MarkMonitor exercises a mediation function in the assignment of “.es” domain names and is solely and exclusively responsible for fulfilling the obligations stipulated in this contract. All “.es” domain name applicants or beneficiaries who sign this contract shall be deemed to have been informed of this situation and they expressly waive any right to any action or claim against Red.es deriving from MarkMonitor’s failure to fulfil its duties.
EXHIBIT P
.ASIA Terms and Conditions
- 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. - 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. - 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. - 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. - Charter Eligibility.
The Registered Name Holder acknowledges and agrees to comply with the .ASIA Charter Eligibility Requirements; see https://www.dot.asia/dotasia-organisation/policy-development/. - 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. - 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. - 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 AgreementThe 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
DNS-LU website link:
http://www.dns.lu/en/home/
DNS-LU terms and conditions link:
https://www.dns.lu/media/content/pdf/EN_Conditions_Generales_my_lu.pdf
DNS-LU domain name charter link:
http://www.dns.lu/media/content/pdf/EN_3.1.2.3_AGREEMENTS-Annexe2-Charte-de-Nommage.pdf
EXHIBIT R
.TEL Terms and Conditions
OBLIGATIONS OF REGISTRAR
| 3.1 | Accredited Registrar. During the Term of this Agreement, Registrar shall maintain in full force and effect its accreditation by ICANN as a registrar for the Registry TLD. | ||||
| 3.2 | Registrar Responsibility for Customer Support. Registrar shall provide
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| 3.3 | Registrar’s Registration Agreement. At all times while it is sponsoring the registration of any Domain Name within the Registry System, Registrar shall have in effect an electronic or paper registration agreement with the Domain Name Holder. Registrar shall ensure that such registration agreement is consistent with the terms of this Agreement and must include in such registration agreement the terms listed in Exhibit A, any other terms required by this Agreement and other terms that are consistent with Registrar’s obligations to Registry under this Agreement. As between Registrar and Registry, if there is a discrepancy between the terms required by this Agreement and the terms of the Registration Agreement, the terms of this Agreement shall supersede those of the Registration Agreement. | ||||
| 3.4 | Communications with Domain Name Holders. As reasonably requested by Registry, Registrar will facilitate communications between Registry and Domain Name Holders on matters related to the Sponsoring Organisation, ICANN Requirements, TLD Requirements, law enforcement requests and other matters. Such facilitation may include sending messages to Domain Name Holders on behalf of Registry. In addition, Registrar will permit Registry to communicate directly with Domain Name Holders on matters related to the Sponsoring Organisation, ICANN Requirements, TLD Requirements, law enforcement requests, the Domain Name Holder’s Personal Data and other matters as required by law or otherwise deemed reasonably necessary by Registry. Registry will endeavour to limit such direct communications to one
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| 3.5 | Compliance with Requirements. Registrar shall comply with the following
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| 3.6 | Data Submission Requirements.
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| 3.7 | Security.
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| 3.8 | Resolution of Technical Problems. Registrar shall employ necessary employees, contractors, or agents with sufficient technical training and experience to respond to and fix all technical problems with Registrar’s systems as such problems relate to Registrar’s use of the Registry Toolkit and Registrar’s access to the systems of Registry. In the event of significant degradation of the Registry System or other emergency, Registry may, in its sole discretion, temporarily suspend or restrict Registrar’s access to the Registry System. Such temporary suspensions shall be applied in a non-arbitrary manner and shall apply fairly to any registrar similarly situated, including affiliates of Registry. Registry accepts no liability whatsoever for losses incurred by Registrar as a result of any such suspension. | ||||
| 3.9 | Time. In the event of any dispute concerning the time of the entry of a Domain Name registration into the Registry Database, the time shown in the Registry records shall prevail. | ||||
| 3.10 | Transfer of Registration Sponsorship. Registrar agrees to implement transfers of Domain Name registrations from another registrar to Registrar and vice versa pursuant to the Policy on Transfer of Registrations Between Registrars, as may be amended from time to time by ICANN (the “Transfer Policy”), and any applicable TLD Requirements. | ||||
| 3.11 | Restrictions on Domain Names. In addition to complying with ICANN Requirements and the TLD Requirements limiting the Domain Names that may be registered, Registrar agrees to comply with applicable statutes and regulations limiting the Domain Names that may be registered. | ||||
| 3.12 | TelHosting Provider. The Delegated Zone for any Domain Name sponsored by Registrar must be hosted by an Accredited TelHosting Provider in accordance with the TelHosting Policy. Such Accredited TelHosting Provider could be Registrar (if it completes the accreditation process), an accredited third party or Registry (acting as a “Community TelHosting Provider”). | ||||
| 3.13 | Handling of Personal Data. Registrar shall comply, and warrants that it shall comply, with the requirements of the DPA and all other relevant laws at all times in relation to any Personal Data that it collects, handles, stores or discloses pursuant to its role as a Registrar. Registrar further warrants that it shall not process any such Personal Data for any purpose other than those notified to it by Registry unless
|
Requirements for Agreements with Domain Name Holders
Registrar shall ensure that its registration agreements with Domain Name Holders include the following provisions and obligations, or provisions and obligations at least equivalent thereto:
- 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.
- 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.
- Uniform Domain Name Dispute Resolution Policy. Domain Name Holder will submit to proceedings commenced under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”).
- 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.
- 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:
- the ability or inability of a registrant to obtain a Domain Name during these periods, and
- the results of any dispute over a Sunrise registration.
- 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.
- 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:
- to protect the integrity and stability of the registry;
- 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;
- per the terms of the registration agreement;
- to correct mistakes made by Registry or any Registrar in connection with a Domain Name registration;
- to enforce the TLD Requirements; and
- 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.
- Representations and Warranties. By submitting a request for a Domain Name, Domain Name Holder represents and warrants that:
- 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;
- 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;
- 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
- that it will use the Domain Name in accordance with the TLD Requirements.
- 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.
- 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.
Customers and Required Terms.
The Services are provided by Telnic for use by Domain Name Holders in connection with Domain Names held by such Domain Name Holders. For so long as Registrar engages Telnic to provide the Services for such Domain Name Holders, Registrar shall have in effect an electronic or paper TelHosting Customer Agreement with the Domain Name Holder (the “TelHosting Customer Agreement”). Registrar shall include in the TelHosting Customer Agreement the terms listed in Appendix A, any other terms required by this Agreement and other terms that are consistent with Registrar’s obligations to Telnic under this Agreement. As between Telnic and Registrar, if there is a discrepancy between the terms required by this Agreement and the terms of the TelHosting Customer Agreement, the terms of this Agreement shall supersede those of the TelHosting Customer Agreemen.
Requirements for Agreements with Domain Name Holders
For so long as Registrar engages Telnic to provide Services under this Agreement for Domain Name Holders, Registrar shall ensure that its registration agreements with Domain Name Holders include the following provisions and obligations, or provisions and obligations at least equivalent thereto:
- 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.
- 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
- provided notice to that third Party of the disclosure and use of that Party’s information in connection with the Domain Name, and
- 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.
- Prohibited Activities. Domain Name Holder will not use the services or provide Content which could
- violate any applicable local, state or national law,
- give rise to criminal, civil or other liability to the name service provider, its service provider or designees, or
- damage the reputation of the name service provider, its service provider or designees.
- Reservation of Rights. and/or its service providers reserve the right to withhold or suspend services as 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, or any dispute resolution process;
- to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees;
- for violations of this Agreement, including, without limitation, the exhibits hereto;
- (e) to correct mistakes in connection with a domain name registration;
- to enforce the TLD Requirements; and
- to prevent use of the Domain Name in a manner contrary to the intended purpose of the Registry TLD. and/or its service providers also reserve the right to suspend the provision of services during resolution of a dispute.
- Representations and Warranties. Domain Name Holder represents and warrants that:
- to its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third Party;
- it does not intend to use the Content for any unlawful purposes;
- it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; and
- it will comply with the TLD Requirements.
- 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.
- 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.
- Representations and Warranties. By submitting a request for a Domain Name, Domain Name Holder represents and warrants that:
- 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;
- 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;
- 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
- that it will use the Domain Name in accordance with the TLD Requirements.
- 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.
- 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.
Customers and Required Terms.
The Services are provided by Telnic for use by Domain Name Holders in connection with Domain Names held by such Domain Name Holders. For so long as Registrar engages Telnic to provide the Services for such Domain Name Holders, Registrar shall have in effect an electronic or paper TelHosting Customer Agreement with the Domain Name Holder (the “TelHosting Customer Agreement”). Registrar shall include in the TelHosting Customer Agreement the terms listed in Appendix A, any other terms required by this Agreement and other terms that are consistent with Registrar’s obligations to Telnic under this Agreement. As between Telnic and Registrar, if there is a discrepancy between the terms required by this Agreement and the terms of the TelHosting Customer Agreement, the terms of this Agreement shall supersede those of the TelHosting Customer Agreement.
Requirements for Agreements with Domain Name Holders
For so long as Registrar engages Telnic to provide Services under this Agreement for Domain Name Holders, Registrar shall ensure that its registration agreements with Domain Name Holders include the following provisions and obligations, or provisions and obligations at least equivalent thereto:
- 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.
- 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.
- Prohibited Activities. Domain Name Holder will not use the services or provide Content which could
- violate any applicable local, state or national law,
- give rise to criminal, civil or other liability to the name service provider, its service provider or designees, or
- damage the reputation of the name service provider, its service provider or designees.
- Reservation of Rights. and/or its service providers reserve the right to withhold or suspend services as 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, or any dispute resolution process;
- to avoid any liability, civil or criminal, on their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and employees;
- for violations of this Agreement, including, without limitation, the exhibits hereto;
- to correct mistakes in connection with a domain name registration;
- to enforce the TLD Requirements; and
- to prevent use of the Domain Name in a manner contrary to the intended purpose of the Registry TLD. and/or its service providers also reserve the right to suspend the provision of services during resolution of a dispute.
- Representations and Warranties. Domain Name Holder represents and warrants that:
- to its knowledge, the Content does not and will not infringe upon or otherwise violate the rights of any third Party;
- it does not intend to use the Content for any unlawful purposes;
- it will not knowingly submit Content in violation of any applicable laws or regulations or of the rights of any third parties; and
- it will comply with the TLD Requirements.
- 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.
- 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.
.IN Domain Names
.IN Terms and Conditions: http://www.inregistry.in/system/files/Terms_and_Conditions_for_Registrants_1.pdf
.AE Domain Names
.aeDA & dotEmarat policies: https://www.tra.gov.ae/aeda/en/aeda-policies.aspx
.AE Registrant Agreement
- Registrar’s AgencyThe Registrar agrees and covenants to act as an agent for the .aeDA (www.aeda.ae) for the sole purpose, but only to the extent necessary, to enable the .aeDA to receive the benefit of rights and covenants conferred to them under this Registrant Agreement.
- Registration of Domain Names
2.1 A Domain Name Application must be in the form prescribed under the .aeDA Policies. The Domain Name must comply with the .aeDA Policies. 2.2 The Registrar and the Registrant do not have any proprietary right arising from: 2.2.1 the Registered Name; or
2.2.2 the entry of a Domain Name in the Registry Database.
2.3 All personal information pertaining to the Registrant is held by the .aeDA for the benefit of the public of the UAE. - Registrant InformationThe Registrant grants to:
3.1 the .aeDA, the right to publicly disclose to third parties, all information relating to the Registered Names in accordance with the .aeDA Policies which are available on the .aeDA’s website; 3.2 the Registrar, the right to disclose to the .aeDA Registry, all information which is reasonably required by the .aeDA Registry in order to Register the Domain Name in the Registry; and 3.3 the .aeDA Registry, the right to publicly disclose to third parties, all information relating to the Registered Name to enable the .aeDA Registry to maintain a public WHOIS service, provided that such disclosure is consistent with all relevant .aeDA Policies. - Change of Registrar
4.1 The Registrar must ensure that the Registrant can easily transfer Sponsorship of the Registered Names the subject of this Agreement to another Registrar in accordance with the .aeDA Policies. The .aeDA Policies include, but are not limited to, such matters as: 4.1.1 the maximum fees chargeable by the Registrar;
4.1.2 when fees are not chargeable by the Registrar;
4.1.3 the circumstances pursuant to which the Registrar must transfer the Sponsorship of the Registered Names the subject of this Agreement; and
4.1.4 the circumstances pursuant to which the Registrar does not have to transfer the Sponsorship of the Registered Name the subject of this Agreement.
4.2 In the event that: 4.2.1 the Registrar is no longer a Registrar; or
4.2.2 the Registrar’s Accreditation is suspended or terminated; or
4.2.3 the Registry-Registrar Agreement (RRA) is terminated by .aeDA, the Registrant is responsible for transferring the Registered Domain Name the subject of this Agreement to a new Registrar in accordance with the .aeDA. Policies within 30 Calendar Days of written notice being provided to the Registrant by the .aeDA.
In the event that the Registrar-Registry Agreement (RRA) between the .aeDA and the Registrar is terminated, the Registrar must not charge the Registrant any fee for the transfer of the Registered Domain Name the subject of this Agreement to another Registrar.
- Registrar’s Obligations
5.1 The Registrar must immediately give written notice to the Registrant if: 5.1.1 the Registrar is no longer a Registrar; or
5.1.2 the Registrar’s Accreditation is suspended or terminated; or
5.1.3 the Registry-Registrar Agreement (RRA) is terminated by the .aeDA.
5.2 The .aeDA may post notice of: 5.2.1 the fact that the Registrar is no longer a Registrar;
5.2.2 the suspension or termination of a Registrar’s Accreditation; or
5.2.3 the termination of the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar on its web site and may, if it considers appropriate, give such written notice specifically to the Registrant.
- Registrant’s Obligations
6.1 Throughout the Term of the Registrant Agreement, the Registrant must: 6.1.1 comply with the .aeDA Policies; and
6.1.2 give notice to the .aeDA Registry, through the Registrar, of any change to any information in the Registrant Data.
6.2 The Registrant must not, directly or indirectly, through Registration or use of its Domain Name or otherwise: 6.2.1 Register a Domain Name for the purpose of diverting trade from another business or web site;
6.2.2 deliberately Register misspellings of another entity’s company or brand name in order to trade on the reputation of another entity’s goodwill; and
6.2.3 Register a Domain Name and then passively hold a Domain Name License for the purpose of preventing another Registrant from registering it.
6.3 The Registrant must not in any way: 6.3.1 transfer or purport to transfer a proprietary right in any Domain Name Registration;
6.3.2 grant or purport to grant a Registered Domain Name as security; or
6.3.3 encumber or purport to encumber a Domain Name Registration.
6.4 The Registrant will, immediately upon being requested to do so, enter into Domain Name License with the .aeDA. - Dispute Resolution
7.1 The .aeDA currently has in place a dispute resolution policy called aeDRP (the .ae Dispute Resolution Policy) between the Registrant and a third party, in relation to entitlements to the Registered Domain Name the subject of this Agreement. The parties agree that the aeDRP binds the Registrar and the Registrant as if it were incorporated in the Registrant Agreement. - Registrant Warranties
8.1 The Registrant Warrants that it meets, and continues to meet, the Eligibility criteria prescribed in the .aeDA Policies relating to the Registering of a Domain Name. In the event that the Registrant ceases to meet such Eligibility criteria, the Domain Name License may be terminated by either the Registrar or the .aeDA. 8.2 The Registrant makes the warranties set out in Registrant Warranties Policy (and any other Policy introduced in substitution, replacement or amendment to that Policy by the Registrar). The warranties include, without limitation, that all information supplied to the Registrar for the Registration of the Domain Name the subject of this Agreement is true, complete and correct. The Registrant accepts that the .aeDA or the Registrar shall cancel the Registration of the Domain Name the subject of this Agreement if any of the warranties are not true. 8.3 The Registrant Warrants that it has not previously submitted a Domain Name which is the same as the Domain Name the subject of this Agreement for Registration with another Registrar where: 8.3.1 the Registrant is relying upon the same Eligibility criteria for both Domain Names; and 8.3.2 the Domain Name has previously been rejected by the other Registrar.
IMPORTANT NOTICE: “By submitting this Application for a Domain Name, you hereby confirm that you are Eligible to hold the Domain Name set out in this Application, and that all information provided in this Application is true, complete and correct, and is not misleading in any way. If any of the information is later found not to be true, or is incomplete, incorrect, or misleading in any way, or if you have submitted this Application in bad faith, the Domain Name License shall be cancelled and you shall permanently lose the use of the Domain Name.”
- Liability
9.1 The Registrant shall not pursue any claim against the .aeDA for anything arising out of this Agreement or related to the Domain name the subject of this agreement, and the .aeDA is not liable for any direct, indirect, special, punitive, exemplary or consequential damages, including but not limited to damages resulting from loss of use, lost profits, lost business revenue or third party damages arising from any breach by the Registrar of its obligations under the Registrant Agreement or the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar. 9.2 The Registrant acknowledges and agrees that if the Registrar has any outstanding fees owing to the .aeDA, entitling the .aeDA to terminate the Registry-Registrar Agreement (RRA) between the .aeDA and the Registrar, the .aeDA may in its sole discretion terminate the Registry-Registrar Agreement (RRA). 9.3 The Registrant agrees that the .aeDA is not responsible for the use of any Domain Name in the Registry database and that the .aeDA is not responsible in any way for any conflict or dispute with or any actual or threatened claim against a Registrar or Registrant, including one relating to a registered or unregistered trademark, a corporate, business or other trade name, rights relating to a name or other identifying indicia or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person. 9.4 Notwithstanding any other provision of this Agreement and to the fullest extent permitted by law, the .aeDA will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of the .aeDA, its employees, agents or subcontractors. - Cancellation Policy
10.1 There is a three (3) Calendar Day Grace Period during which a Domain Name Registration or a Renewal may be cancelled, with immediate effect and any fee paid to the Registry by the Registrar for the Registration or Renewal will be refunded to the Registrar. 10.2 The purpose of the Grace Period is to allow for the correction of typographic errors and other errors made by the Registrant. 10.3 The .aeDA may investigate Registrars and Registrants where there are reasonable grounds to believe that the Grace Period is being used for purposes other than those described in this Policy. 10.4 Registrars found to be in breach of this Policy may be subject to disciplinary action, including loss of Accreditation. It must be remembered that Registrars are accountable for the actions of their Resellers and Registrants. 10.5 This Grace Period applies to all Domain Name Registrations and is described in Section 5 of this Policy.
EXHIBIT U
.QA and قطر. Domain Names
Qatar Domains Registry Web Site: http://www.domains.qa/ or http:/نطاقات.قطر/
Qatar Domains Registry Registration Policies: http://domains.qa/en/policies
EXHIBIT V
.XXX Terms and Conditions for Registrants:http://www.icmregistry.com/about/policies/
AFNIC Domain Names
.fr, .pm, .re, .tf, .wf, .yt
AFNIC Domain Registry Naming Policy: http://www.afnic.fr/en/about-afnic/news/general-news/5364/show/afnic-s-new-naming-policy-for-french-tlds-now-online-1.html
European Union users
MarkMonitor hereby advises you that the personal data you enter when using this website or any MarkMonitor service is processed for the purpose of providing you with the service you have requested or subscribed to. By submitting the personal information to obtain the service requested or subscribed to, you (i) warranty that, if such data does not relate to you, you have duly obtained the consent, authorization or right to disclose such data to MarkMonitor from the person whom the data relates to for the purposes set out above and in accordance with the description of the intended processing as per this Privacy Policy; and (ii) expressly consent to the processing of such personal data for the purposes set out above and in accordance with the description of the intended processing as per this Privacy Policy.
You expressly acknowledge and agree that all personal data we collect from you will be processed in the United States of America, a country which provides a level of protection to personal data which may be regarded as lower than the level of protection afforded in your own country. You expressly acknowledge and agree that MarkMonitor will retain all or part of your personal data for the entire period of your use of the services as well as a reasonable period of time after the expiry of those services.
You have a right to access, update, rectify and delete your data. You may access, update and rectify your data directly by accessing your account using the “Manage Account” link in your account page. If you wish to have your data deleted from our records, please send a request to your designated Client Services Manager and we will review your request to address it as early as possible.
EXHIBIT X
MarkMonitor offers to its customers the opportunity to purchase certain digital certificates (the “Digital Certificate Services”) that may be used by such customers for security and authentication purposes related to their electronic mail and use of their computer networks and systems. Such certificates originate from MarkMonitor’s vendor, Verisign, Inc. (“Verisign”). Customer agrees that any requested Digital Certificate Services, as indicated on the MSA or otherwise, shall be subject to the terms and conditions described in this Exhibit D and the MSA. Please refer to the product description and price list attached hereto as Exhibit D-1 for a description of the Digital Certificate Services available hereunder (“Price List”).
Digital Certificate Subscriber Agreement. Customer agrees to the terms and conditions of Verisign’s Subscriber Agreement located on Verisign’s website at http://www.verisign.com/repository/agreements/serverClass3Org.html as may be amended from time to time.
Customer Information. The information Customer provided to MarkMonitor for the Digital Certificate Services will be used only to perform the Digital Certificate Services; provided, however, that Customer may be contacted by Verisign if such certificates have not been renewed within 21 days prior to their expiration. Customer represents and warrants that all information provided to MarkMonitor shall be true and accurate, and Customer acknowledges that digital certificates may not operate or perform correctly if Customer does not submit true and accurate information.
Warranty. The only warranties applicable to the Digital Certificate Services are those provided directly by Verisign to Customer. MARKMONITOR MAKES NO WARRANITES, EXPRESS OR IMPLIED, WITH RESPECT TO THE DIGITAL CERTIFICATE SERVICES. MARKMONITOR EXPRESSLY DISCLAIMS AND MAKES NO REPRESENTATION, WARRANTY, OR COVENANT OF ANY KIND, WHETHER EXPRESS OR IMPLIED, EITHER IN FACT OR BY OPERATION OF LAW, TO CUSTOMER THAT A) ANY CUSTOMER TO WHICH IT HAS ISSUED A CERTIFICATE IS IN FACT THE PERSON, ENTITY OR ORGANIZATION IT CLAIMS TO BE IN THE INFORMATION SUPPLIED TO VERISIGN OR MARKMONITOR, B) A CUSTOMER IS IN FACT THE PERSON, ENTITY OR ORGANIZATION LISTED IN A CERTIFICATE, AND C) THAT THE INFORMATION CONTAINED IN THE CERTIFICATES OR IN ANY CERTIFICATE STATUS MECHANISM COMPILED, PUBLISHED OR OTHERWISE DISSEMINATED BY VERISIGN, OR THE RESULTS OF ANY CRYPTOGRAPHIC NETHOD IMPLEMENTED IN CONNECTION WITH THE CERTIFICATES IS ACCURATE, AUTHENTIC, COMPLETE OR RELIABLE
Term and Termination. The Digital Certificate Services shall commence upon the receipt by MarkMonitor of a MSA indicating the desire of Customer to purchase such Digital Certificate Services and payment by Customer of the applicable fees for such Digital Certificate Services as set forth on the Price List. The Digital Certificate Services shall terminate if Customer cancels all applicable digital certificates purchased through MarkMonitor, or upon the natural expiration of all digital certificates, whichever date shall occur later.
.AU Domain Names
MarkMonitor Corporate Services Inc. ABN: 57 146 356 998
Registrant Agreement – Mandatory Provisions
- auDA AND REGISTRAR’S AGENCY
1.1 In this agreement, auDA means .au Domain Administration Limited ACN 079 009 340, the
.au domain names administrator.1.2 The Registrar acts as agent for auDA for the sole purpose, but only to the extent necessary,
to enable auDA to receive the benefit of rights and covenants conferred to it under this
agreement. auDA is an intended third party beneficiary of this agreement. - auDA PUBLISHED POLICY
2.1 In this clause, auDA Published Policies means those specifications and policies
established and published by auDA from time to time at http://www.auda.org.au.2.2 Registrant must comply with all auDA Published Policies, as if they were incorporated into,
and form part of, this agreement. In the event of any inconsistency between any auDA
Published Policy and this agreement, then the auDA Published Policy will prevail to the
extent of such inconsistency.2.3 Registrant acknowledges that under the auDA Published Policies: 2.3.1 there are mandatory terms and conditions that apply to all domain names
licences, and such terms and conditions are incorporated into, and form part of,
this agreement; and2.3.2 Registrant is bound by, and must submit to, the .au Dispute Resolution Policy;
and2.3.3 auDA may delete or cancel the registration of a .au domain name. - auDA PUBLISHED POLICY
3.1 To the fullest extent permitted by law, auDA will not be liable to Registrant for any direct,
indirect, consequential, special, punitive or exemplary losses or damages of any kind
(including, without limitation, loss of use, loss or profit, loss or corruption of data, business
interruption or indirect costs) suffered by Registrant arising from, as a result of, or otherwise
in connection with, any act or omission whatsoever of auDA, its employees, agents or
contractors.3.2 Registrant agrees to indemnify, keep indemnified and hold auDA, its employees, agents and
contractors harmless from all and any claims or liabilities, arising from, as a result of, or
otherwise in connection with, Registrant’s registration or use of its .au domain name.3.3 Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
Complaints Handling
As the leading global provider of brand protection for the enterprise, MarkMonitor is committed to providing high quality Customer Service and we aim to resolve complaints quickly, fairly and efficiently. To notify MarkMonitor of your complaint please contact us via email at compliance@markmonitor.com. MarkMonitor will use all reasonable efforts to provide you with a response to your complaint as soon as possible.
You can also contact auDA, the regulatory body for .au domains. Their contact details are available at www.auda.org.au.
The .au Domain Name Suppliers’ Code of Practice and the Help Centre at auda.zendesk.com outlines your rights surrounding disputes and the ability to lodge complaints.
Written Cancellation Policy
This is provided at S2.13 of our terms and conditions page https://www.markmonitor.com/legal/tc-dm.php
auDA’s WHOIS policy
When a domain name is registered, certain information is collected for use on the WHOIS service. The WHOIS service allows internet users to query a domain name to find out the identity and contact details of the registrant. The public WHOIS service is a standard feature of domain name systems around the world. Please see auDA’s WHOIS policy at http://www.auda.org.au/policies/current-policies/2010-06/ which sets out auDA’s guidelines on the collection, disclosure and use of WHOIS data.
Password Recovery Tool
http://admin.auda.org.au/password_recovery/blank_recover_password.faces
EXHIBIT Z
.SX Registration Policies http://www.registry.sx/legal
.HK Domain Names
HKIRC Registration Policies: https://www.hkirc.hk/content.jsp?id=33#!/34
Domain Name Dispute Resolution Policies: https://www.hkirc.hk/content.jsp?id=33#!/35
Rules of Procedure of DNDRP: https://www.hkirc.hk/content.jsp?id=33#!/36
REGISTRATION AGREEMENT – MANDATORY PROVISIONS
Hong Kong Internet Registration Corporation (HKIRC) are the domain registry for Hong Kong. Their website is located here: www.hkirc.hk. If you have any comments or complaints on the registrar please contact them here: info@hkirc.hk
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- DOMAIN NAME SERVICES
| 1.1 | The Registrant shall at all times comply with all prevailing requirements prescribed by HKIRC in connection with any of the .hk or.香港 domain name (the “Domain Name”), and shall only request the Registrar Services in the form and manner prescribed by HKIRC from time to time. |
| 1.2 | In registering a Domain Name, the Registrant acknowledges and agrees that neither HKIRC nor MarkMonitor Inc. (the “Registrar”) has made any determination with respect to the legality of the Domain Name registration or its use. |
| 1.3 | The Registrant acknowledges and agrees that the Registrar shall monitor the status of Domain Names registered through the Registrar and shall, at its own initiative or on receipt of complaint, conduct checks to verify whether a Domain Name is being used in connection with phishing or “spam” advertising. The Registrar shall delete or suspend a Domain Name if so directed by HKIRC. HKIRC may issue such a direction on receipt of any notice from any government or law enforcement authority (including without limitation the Hong Kong Police Force or the Office of Telecommunications Authority) that the use of the Domain Name is in breach of any laws, directives, guidelines, codes of practice or regulations issued by such local authorities, or if, in HKIRC’s reasonable belief, the continuation of registration of the Domain Name or the operation of web site referenced by the Domain Name is likely to damage or adversely affect the goodwill, reputation and operation of HKIRC or the domain name industry in Hong Kong, or may expose HKIRC to risks of third party claims or civil or criminal prosecution. |
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- PUBLICATION OF REGISTRANT PERSONAL DATA
| 2.1 | The Registrant acknowledges and agrees that HKIRC is entitled to publicly disclose to third parties all personal data and information relating to the registered Domain Name in order to enable HKIRC to maintain a public WHOIS service, provided that such disclosure is consistent with:
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| 2.2 | The Registrant grants to the Registrar the right to disclose to the HKIRC all information which is reasonably required by HKIRC in order to enter the Domain Name into the Registry. |
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- CHANGE OF REGISTRARS
| 3.1 | The Registrar shall not prevent a Registrant from changing the registrar of record, except in accordance with the Registration Policies. |
| 3.2 | The Registrar shall ensure that the Registrant can easily transfer registered Domain Names to another registrar in accordance with the Published Policies of HKIRC. |
| 3.3 | In the event that:
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| 3.4 | In the event that the Registrar Agreement between HKIRC and the Registrar is terminated due to default or breach of the Registrar, the Registrar must not charge the Registrant any fee for the transfer of the registered Domain Name to another registrar. The Registrar shall take all necessary actions to preserve the rights of its Registrants. |
| 3.5 | If the Registrant of a Domain Name registered under Hong Kong Network Information Centre (“HKNIC”) Registration Agreement Version 1.x or 2.xx elects to change the Registrar from Hong Kong Domain Name Registration Company Limited (“HKDNR”) to another Registrar (“New Registrar”), the Registrant shall acknowledge and accept that the Domain Name registration will be subject to the terms and conditions of the then current registration agreement of the New Registrar. For the avoidance of doubt, if the Domain Name registration is under one of the above-mentioned agreements, the Contract Version field of the WHOIS result display for that Domain Name will display the word “Old” |
| 3.6 | The Registrant shall provide an authorization code (“Authorization Information”) to a new registrar in order to initiate the change of registrar. The Registrar can request that HKIRC provide this Authorization Information by sending it to the Registrant’s email address. The Registrar shall not, if requested to do so by a Registrant, refuse to make such a request of HKIRC. |
| 3.7 | In the event that the Registrar is no longer an HKIRC-Accredited registrar, the Domain Name held by a Registrant shall be transferred to another, HKIRC-Accredited registrar within a specified period of time. If the Registrant fails to elect a registrar and effect the transfer, HKIRC shall be entitled to transfer the Domain Name to registration with HKDNR, together with any personal data held by the previous Registrar in relation to that Registrant.< |
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- REGISTRANT’S OTHER OBLIGATIONS
| 4.1 | Throughout the Term of the Registration Agreement, the Registrant must:
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| 4.2 | The Registrant shall not, directly or indirectly, through registration or use of its Domain Name or otherwise:
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4.3 | The Registrant acknowledges and agrees that HKIRC may collect registrant information for the purpose of HKIRC membership. |
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- DISPUTE RESOLUTION
| 5.1 | For any Domain Name registered with the Registrant that is challenged by a third party, the dispute will be handled according to the provisions of the Domain Name Dispute Resolution Policy for .hk and .香港 Domain Names. |
| 5.2 | Any decision made by an arbitration panel duly appointed by a dispute resolution service provider shall be final and binding on the Registrant and the Registrant shall abide by such decision. |
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- REGISTRANT WARRANTIES
| 6.1 | The Registrant warrants that it meets, and continues to meet, the eligibility criteria prescribed in HKIRC’s Published Policies and this Registration Agreement for registering a Domain Name. In the event that the Registrant ceases to meet such eligibility criteria, the Domain Name registration may be terminated by either the Registrar or HKIRC. |
| 6.2 | By making an application for a Domain Name, the Registrant represents and warrants that:
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| 6.3 | The Registrant acknowledges that the Registrar and HKIRC rely on all representations made and warranties given by the Registrant in determining if the application for a Domain Name should be approved. |
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- HKIRC Contact Registrants
| 7.1 | The Registrant acknowledges that HKIRC may contact the Registrant in a number of situations including, but not limited to, inviting the Registrant to join HKIRC as a member; where there has been, or will be, a change in registrar, whether voluntarily or involuntarily on the part of the Registrant, due to termination of the Registrar; for the matters in relation to the administration and service of Domain Names; inviting the Registrant to take part in a customer satisfaction survey or other survey, and introducing seminars, conferences, training, and other news related to the Internet industry. If the Registrant does not want to receive unsolicited marketing or promotional emails, the Registrant can request that HKIRC remove the Registrant from the marketing or promotional email subscription list. |
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- LIABILITIES
| 8.1 | The Registrant shall indemnify and hold harmless HKIRC as the Registry from all liabilities, losses, damages, costs, legal expenses, professional and other expenses of any nature howsoever sustained, incurred, paid by or suffered by HKIRC which are directly or indirectly related to any claim, action, or demand arising out of or related to the registration or use of the Domain Name brought by the Registrant. |
| 8.2 | Notwithstanding any other provision of this document and to the fullest extent permitted by law, HKIRC will not be liable to the Registrant for consequential, indirect or special losses or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs) suffered by the Registrant as a result of any act or omission whatsoever of HKIRC and the Registrar, its employees, agents or sub-contractors. |
| 8.3 | In no event shall HKIRC’s maximum liability under these Registration Policies exceed 125% of the registration fees paid by the Registrar to HKIRC for the Registrant’s Domain Name in respect of a particular period of registration. |
.CN Domain Names
Customer commits that:
Documents and information of the registrant organization and contact person provided for the domain application shall be authentic and accurate.
Customer has read and understood CNNIC’s registration rules and policies (www.cnnic.cn) as well as adhere to policies governing the contents of the website of the domain name(s).
If the domain name(s) is used for website where server is located in mainland China now or in the future, the ICP number must be applied from MIIT in accordance to the Chinese Government’s regulations. ICP number shall be provided to the domain name registrar when available.
Customer accept full responsibility for the suspension of domain name(s) or any consequences caused by the violation of the commitment by our company and understand that CNNIC and the Registrar undertakes no responsibility in the event that it needs to interrupt the usage of the Domain Name.
.IT Domain Names
Declarations and assumptions of liability
The Registrant of the domain name in question, declares under their own responsibility that
they are:
- in possession of the citizenship or resident in a country of the European Economic Area (EEA), the Vatican City, the Republic of San Marino or the Swiss Confederation (in the case of registration for natural persons);
- established in a country of the European Economic Area (EEA), the Vatican City, the Republic of San Marino or the Swiss Confederation (in the case of registration for other organizations);
- aware and accept that the registration and management of a domain name is subject to the “Rules of assignment and management of domain names in ccTLD. it” and “Regulations for the resolution of disputes in the ccTLD.it” and their subsequent amendments;
- entitled to the use and/or legal availability of the domain name applied for, and that they do not prejudice, with the request for registration, the rights of others;
- aware that for the inclusion of personal data in the Database of assigned domain names, and their possible dissemination and accessibility via the Internet, consent must be given explicitly by checking the appropriate boxes in the disclosure below. See “The policy of the .it Registry in the Whois Database” on the website of the Registry (http://www.nic.it);
- aware and agree that in the case of erroneous or false declarations in this request, the Registry shall immediately revoke the domain name, or proceed with other legal actions. In such case the revocation shall not in any way give rise to claims against the Registry;
- release the Registry from any liability resulting from the assignment and use of the domain name by the natural person that has made the request;
- accept Italian jurisdiction and laws of the Italian State.
Terms and conditions, and acquisition of consent for the processing of data for the registration of the domain name and for visibility on the Internet
Disclosure regarding the protection of personal data (D. Lgs. 30 June 2003, No. 196, Art. 13)
To carry out activities to which the present disclosure relates:
- the holder of the treatment of data is the Italian National Research Council, through the Institute of Informatics and Telematics of the CNR,.it Registry (http://www.nic.it);
- the Registrar is responsible for processing the data and manages contractual relations with the Registrant, the identification data are contained in the contract between the said Registrar and the Registrant, and therefore known by the party concerned. A list of those responsible for processing data is available on the website of the Registry (http://www.nic.it). The Registrar is the holder of the treatment of data with regard to contractual relations directly with the Registrant, not included in this disclosure;
- the mandatory information is that information that is essential in order for the service requested to be provided.
The Registrant’s personal data are collected by the Registrar who manages contractual relations with the Registrant using this form, in order to register and manage the domain name in the Data Base of Assigned Names at the Institute of Information and Telematics of the CNR, .it Registry.
In addition to the personal data collected by filling in the form, where the transaction is done electronically, the IP address from which the connection originates on the Internet relating to filling in the online form by the Registrant will also be detected and stored along with the log of the relative transaction. This is done in order to identify the Registrant in connection with the personal information and statements given by the Registrant. Personal data, the above-mentioned IP address and the log of the transaction are mandatory information.
The mandatory information collected will be treated for purposes of administrative and accounting management, protection of rights and other objectives and activities related to registration, management, dispute, transfer and cancellation of the domain name, and for compliance with requirements of the law, regulations or EU legislation and disclosed to third parties for ancillary or necessary activities to ensure the accomplishment of those objectives. The data will not be used nor disclosed to third parties for any marketing purposes. With the exception of the IP address, the data will also be communicated to third parties who purport to want to act to protect individual rights in relation to the Registrant in connection with the registration or use of the domain name. In accordance with the standards of the Internet Engineering Task Force – IETF (http://www.ietf.org) to ensure the accessibility of the domain name on the Internet, in order to maintain the balance for the system, and in consideration of the policy of the Registry of the ccTLD .it in order to avoid situations of anonymity and to allow the tracing of assignees, in the case of registration the following information will in any case will be visible on the Internet, through a Whois query: domain name, name and surname of the Registrant or the corporate name, status of the domain, Registrar and technical data (contactID, date of registration, expiry date, date of last update and nameserver).
For the purposes of this disclosure, the consent to treatment for the purposes of registration refers to all these activities taken as a whole.
Giving consent for the purposes of registration is optional, but if no consent is given, it will not be possible to finalize the registration, assignment and management of the domain name.
Upon a separate agreement, via a Whois query the following will also be visible via the Internet: domain name, address of residence or head office of the Registrant along with their telephone number, fax number and e-mail address.
For the purposes of this disclosure, the consent for access and dissemination via the
Internet is only for the latter activities and types of data.
Giving consent for accessibility and dissemination via the Internet is optional. Not giving consent does not preclude the registration but only public visibility via Whois queries of these data, within the limits defined above.
More information on how to query the Registry Database is available on the website of the Registry: www.nic.it.
The interested party can exercise their rights under Art. 7 of the Code for the protection of personal data which include the right of access, rectification and deletion of data.
These rights may be exercised by request to the Registrar who manages the contractual relationship with the Registrant and subordinate to the Institute of Informatics and Telematics of CNR, Via Giuseppe Moruzzi, 1, I-56124 Pisa, Italy.
Consent to the processing of personal data for registration
The interested party, after reading the above disclosure, gives consent to the processing of information required for registration, as defined in the above disclosure.
Giving consent is optional, but if no consent is given, it will not be possible to finalize the registration, assignment and management of the domain name.
Consent to the processing of personal data for diffusion and accessibility via the Internet
The interested party, after reading the above disclosure, gives consent to the dissemination and accessibility via the Internet, as defined in the disclosure above.
Giving consent is optional, but absence of consent does not allow the dissemination and accessibility of Internet data.
Explicit Acceptance of the following points
For explicit acceptance, the interested party declares that they:
- are aware and agree that the registration and management of a domain name is subject to the “Rules of assignment and management of domain names in ccTLD.it” and “Regulations for the resolution of disputes in the ccTLD.it” and their subsequent amendments;
- are aware and agree that in the case of erroneous or false declarations in this request, the Registry shall immediately revoke the domain name, or proceed with other legal actions. In such case the revocation shall not in any way give rise to claims against the Registry;
- release the Registry from any liability resulting from the assignment and use of the domain name by the natural person that has made the request;
- accept the Italian jurisdiction and laws of the Italian State.
.AT Domain Names
Terms and Conditions: https://www.nic.at/en/terms
Registration Guidelines: https://www.nic.at/en/my-at-domain/registration/registration-guidelines
.NU Domain Names
MarkMonitor is an accredited registrar for the top level domain, .se. Together with the Foundation, MarkMonitor is working for positive development of the Internet in Sweden for the benefit of users and society at large. Our common goal is satisfied domain holders, regardless of whether they are large organizations or private persons.
Link to the Foundation’s terms and conditions—Here you find out about the terms that apply for registration of .se domain names.
Services and prices for domain name registration at MarkMonitor
All pricing is available within the MarkMonitor domain portal.
Information about handling of personal information
MarkMonitor handles personal information in compliance with the Swedish Personal Data Act (1998:204) and the Foundation’s controller of personal data agreement.
Hours of operation
MarkMonitor’s support department answers received questions Monday through Friday, between the hours of 6:00 AM and 6:00 PM MST. You can either e-mail your questions to custserv@markmonitor.com or call us at 208 389-5740. We will answer your questions as quickly as possible.
Company information
https://www.markmonitor.com/contact/
.RO Domain Names
Registration Agreement: http://rotld.ro/registration-agreement/
Rules for Registration: http://rotld.ro/reguli-de-inregistrare/
gTLD Domain Names
Complaints Handling
As the leading global provider of brand protection for the enterprise, MarkMonitor is committed to providing high quality Customer Service and we aim to resolve complaints quickly, fairly and efficiently. If you are a Registered Name Holder and would like to notify us of your complaint related to Registrar Services please contact us via email at compliance@markmonitor.com. Legitimate complaints and disputes involving Registrar Services will be addressed and responded to accordingly.
.DE Terms and Conditions
https://www.denic.de/en/domains/de-domains/domain-terms-and-conditions/
https://www.denic.de/en/domains/de-domains/domain-guidelines/
https://www.denic.de/en/domains/enum-domains/enum-domain-terms-and-conditions/
https://www.denic.de/en/domains/enum-domains/enum-domain-guidelines/
.UK Domain Names
As the leading global provider of brand protection for the enterprise, MarkMonitor is committed to providing high quality Customer Service and we aim to resolve complaints quickly, fairly and efficiently. If you are a Registered Name Holder and would like to notify us of your complaint related to Registrar Services please contact us via email at compliance@markmonitor.com. Legitimate complaints and disputes involving Registrar Services will be addressed and responded to accordingly. We will respond to your email within 3 business days.
If you are a Registered Name Holder with an account or domain question please contact your designated Client Services Manager. They will respond to your email within 3 business days.
.SG Domain Names
As the leading global provider of brand protection for the enterprise, MarkMonitor is committed to providing high quality Customer Service and we aim to resolve complaints quickly, fairly and efficiently. If you are a Registered Name Holder and would like to notify us of your complaint please contact us via email at compliance@markmonitor.com.
CentralNic
CentralNic Terms and Conditions
https://www.centralnic.com/support/dispute/overview
Donuts New gTLDs
Registrant Terms and Conditions
International Domain Registry Pty Ltd (شبكة)
Registrant Terms and Conditions
CORE
Registrant Terms and Conditions.
بازار Terms and Conditions – http://nic.بازار/Legal
Rightside Registry
Registrant Terms and Conditions.
.BAR
.INK
.REST
.WIKI
XYZ.COM LLC
.RENT Terms and Conditions – http://nic.rent/terms
.COLLEGE Terms and Conditions – http://nic.college/terms
.SECURITY Terms and Conditions – https://nic.security/terms
.PROTECTION Terms and Conditions – https://nic.protection/terms
.THEATRE Terms and Conditions – http://nic.theatre/terms
UNIREGISTRY
Uniregistry Registrant Terms and Conditions
.RUHR
.BERLIN
.BUILD
.CLUB
.MENU
.MENU Registrant Terms and Conditions
.BID
.TRADE
.WEBCAM
.BEST
.みんな
.KIWI
.UNO
.NAGOYA
.ONL
.RICH
.LUXURY
.WIEN
.ARCHI
.NYC
.在线
.中文网
.VOTING
.CAREER
.AXA
Minds + Machines / Top Level Domain Holdings Limited
.VEGAS
.WANG
Radix
Bayern Connect GmbH
ZA Central Registry NPC
ZA Central Registry NPC Terms and Conditions.
DNS Belgium
.BRUSSELS AND .VLAANDEREN Terms and Conditions.
.BRUSSELS AND .VLAANDEREN Terms and Conditions PDF
NetCologne Gesellschaft Fur Telekommunikation mbH
.COLOGNE and .KOELN Terms and Conditions.
Dot London Domains Limited
ARI Registry Services
.MELBOURNE Terms and Conditions.
.COURSES Terms and Conditions – http://nic.courses/#documents.
Customer Registration Agreement – COURSES-Customer-Registration-Agreement.pdf.
.STUDY Terms and Conditions – http://nic.study/#documents.
.CLOUD Terms and Conditions – http://nic.cloud/#documents.
Interlink Co., Ltd.
.MOE Terms and Conditions – http://nic.moe/en/legal/registration-terms-and-conditions/.
.EARTH Terms and Conditions – http://domain.earth/legal/.
RU Center
.MOSCOW and .МОСКВА Terms and Conditions.
GMO Internet, Inc.
.DESI
Dot Global AS
Republican State Leadership Committee, Inc.
Afilias
Afilias General Registry Policies – http://afilias.info/policies
.BLUE Terms and Conditions – http://dotblue.blue/about/afilias-anti-abuse-policy and http://dotblue.blue/about/legal
.KIM Terms and Conditions – http://get.kim/about/afilias-anti-abuse-policy and http://get.kim/about/legal
.PINK Terms and Conditions – http://get.pink/about/afilias-anti-abuse-policy and http://get.pink/about/legal
.RED Terms and Conditions – http://get.red/about/afilias-anti-abuse-policy and http://get.red/about/legal
.SHIKSHA Terms and Conditions – http://get.shiksha/about/afilias-anti-abuse-policy and http://get.shiksha/about/legal
.BLACK Terms and Conditions – http://get.black/about/legal
.ORGANIC Terms and Conditions – http://get.organic/newsroom/blog/organic-acceptable-use-policy
.POKER Terms and Conditions – http://get.poker/about/legal
.LGBT Terms and Conditions – http://get.lgbt/about/legal
.VOTE Terms and Conditions – http://get.vote/monolith-legal
.VOTO Terms and Conditions – http://get.voto/monolith-legal
.LOTTO Terms and Conditions – http://get.lotto/about/legal
.PET Terms and Conditions – http://get.pet/about/legal
.BET Terms and Conditions – http://get.bet/about/legal
KSregistry GmbH
.SAARLAND Terms and Condition.
Charleston Road Registry Inc.
dotversicherung-registry GmbH
.VERSICHERUNG Terms and Conditions.
dotHIV gemeinnütziger e.V.
.HIV Terms and Conditions – https://tld.hiv/en/c/policies
Nominet
.CYMRU and .WALES Terms and Conditions – http://ourhomeonline.org.uk/about-us/policy
Hamburg Top-Level-Domain GmbH
HAMBURG Terms and Conditions – http://www.punkthamburg.de/footer/agb/
PointQuébec
.QUEBEC Terms and Conditions – http://registre.quebec/
Starting Dot Limited
.BIO Terms and Conditions – http://nic.bio/
.SKI Terms and Conditions – http://www.dot-ski.com/policies/
dotScot Registry Ltd
.SCOT Terms and Condition http://dotscot.net/policies/
.PHYSIO
.PHYSIO Terms and Conditions – http://nic.physio/#documents
.EUS
.EUS Terms and Conditions – http://nic.eus/
.GAL
.GAL Terms and Conditions – http://nic.gal/
.YOKOHAMA
.YOKOHAMA Terms and Conditions – http://www.gmoregistry.com/en/geotlds/PDF/Yokohama_Domain_Name_Registration_Policies.pdf
.HOW
.HOW Terms and Conditions – http://www.google.com/registry/
.TOP
.TOP Terms and Conditions – http://nic.top/en/policy.asp
.我爱你 (“I Love You”)
.我爱你 Terms and Conditions – http://en.520.wang/policy.html
.SYDNEY
.SYDNEY Terms and Conditions – http://nic.sydney/#documents
.OOO
.OOO Terms and Conditions – http://www.nic.ooo/policies/terms-and-conditions
.CEO
.CEO Terms and Conditions – https://drive.google.com/a/googleregistry.co/folderview?id=0B_Dl_papOCW3ZU14cTQtUVYtWW8&usp=sharing#
.QPON
.QPON Terms and Conditions – http://www.dotqpon.com/resources/
.LTDA
.LTDA Terms and Conditions – h/https://www.nic.ltda/about-us/terms-of-use/
.OVH
.OVH Terms and Conditions – http://www.nic.ovh/en/terms-and-conditions.xml
Notwithstanding anything in this agreement to the contrary, OVH SAS, the Registry of the .OVH 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 the Registry have vested and that the Registry has relied on its third party beneficiary rights under this Agreement in agreeing to MarkMonitor Inc. being a registrar for the . OVH TLD. Additionally, the third party beneficiary rights of the Registry shall survive any termination of this Agreement.
.TAIPEI
.TAIPEI Terms and Conditions – http://hi.taipei/eng/policy.html
.TIROL
.TIROL Terms and Conditions – http://www.nic.tirol/policies/
.WHOSWHO
.WHOSWHO Terms and Conditions – http://nic.whoswho/
.дети (“Children”)
.дети Terms and Conditions – http://en.dotdeti.ru/forregistrar/docs/
.手机 (“Cell Phone”)
.手机 Terms and Conditions – http://nic.手机/
.商标 (“Trademark”)
.商标 Terms and Conditions – http://en.internettrademark.com/Index/policy
.PHARMACY
.PHARMACY Terms and Conditions – http://www.safe.pharmacy/standards-policies
The Applicant acknowledges having read and understood and agrees 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 Registration Agreement:
(i) The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
(ii) The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
(iii) The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
In no event is Registry Operator responsible for Registrant’s use of or compliance with the requirements, results, or decisions of the Dispute Resolution Services.
fTLD Registry Services, LLC
.BANK and .INSURANCE Policies – https://www.ftld.com/policies/
.BANK Public Interest Commitments (PICs) – https://www.icann.org/resources/agreement/bank-2014-09-25-en
fTLD Security Requirements – https://www.ftld.com/security
Additional Terms and Conditions: https://www.markmonitor.com/download/legal/fTLD.Additional.Terms.and.Conditions.pdf
The Registered Name Holder is prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and consequences for such activities, include suspension of the domain name.
Registrant shall take all necessary action(s) as directed by Registrar or Registry Operator in relation to compliance actions, directives, or instructions from ICANN, and/or as otherwise directed by Registry Operator in its sole discretion as being reasonably necessary for the provision of Registry Services, and enforcing compliance with Registry Operator’s Operational and Security Requirements and Operations Pledge, including monitoring for compliance regarding the Registered Name.
ICM Registry
.ADULT Terms and Conditions – http://nic.adult/about/policies/
.PORN Terms and Conditions – http://nic.porn/about/policies/
.SEX Terms and Conditions – http://nic.sex/about/policies/
DotGreen Community, Inc.
.GREEN Terms and Conditions – http://nic.green/registrars/policies/
Dot-Irish LLC
.IRISH Terms and Conditions – http://myname.irish/about-dot-irish/#policies#policies
Vox Populi Registry Ltd.
.SUCKS Terms and Conditions – http://www.nic.sucks/policies
Interlink Co., Ltd.
.OSAKA Terms and Conditions – http://nic.osaka/en/legal/
Famous Four Media
.CRICKET Terms and Conditions – http://nic.cricket/policies
.PARTY Terms and Conditions – http://nic.party/policies
.SCIENCE Terms and Conditions – http://nic.science/policies
.ACCOUNTANT Terms and Conditions – http://nic.accountant/resources
.DATE Terms and Conditions – http://nic.date/resources
.DOWNLOAD Terms and Conditions – http://nic.download/resources
.FAITH Terms and Conditions – http://nic.faith/resources
.LOAN Terms and Conditions – http://nic.loan/resources
.MEN Terms and Conditions – http://nic.men/resources
.RACING Terms and Conditions – http://nic.racing/resources
.REVIEW Terms and Conditions – http://nic.review/resources
.WIN Terms and Conditions – http://nic.win/resources
One Registry
.ONE Terms and Conditions – http://nic.one/policies/
Empresa Municipal de Informática SA – IPLANRIO
.RIO Terms and Conditions – http://nic.rio/english/policies/
eCOM-LAC
.LAT Terms and Conditions – http://nic.lat/en/politicas.html
dotStrategy Co.
.BUZZ Terms and Conditions – http://get.buzz/about/terms-of-service-tos/
.ALSACE
.ALSACE Terms and Conditions – http://www.mondomaine.alsace/point/uploads/2015/01/alsace_registration_policy_V2.pdf
Top Level Design
.DESIGN Terms and Conditions – http://toplevel.design/policy/
Asiamix Digital Limited
.FANS Terms and Conditions – http://nic.fans/policies-fans/
dotAmsterdam BV
.AMSTERDAM Terms and Conditions – http://nic.amsterdam/#documents
Public Interest Registry
PIR Terms and Conditions – http://pir.org/policies/
DOTMARKETS REGISTRY LTD
.MARKETS Terms and Conditions – http://nic.markets/home/policies/
Zodiac Registry
.商城 Terms and Conditions – http://en.zodiac.wang/policy.html
.网店 and .八卦 Terms and Conditions – http://en.zodiac.wang/policy.html
Registrant acknowledges the pricing for Registered Names renewals may not be uniform (“Non-uniform Renewal Pricing”). The Registered Name Holder expressly agrees to this at the time of the initial registration of the Registered Name.
XYZ.COM LLC
.RENT Terms and Conditions – http://nic.rent/terms
.COLLEGE Terms and Conditions – http://nic.college/terms
.SECURITY Terms and Conditions – https://nic.security/terms
.PROTECTION Terms and Conditions – https://nic.protection/terms
.THEATRE Terms and Conditions – http://nic.theatre/terms
.LAW/.ABOGADO
.LAW/.ABOGADO Terms and Conditions – http://mm-registry.com/policies/
Registration in the .law and .abogado TLDs is restricted to accredited lawyers as validated by an agent, which shall be appointed from time to time by the Registry (“Validation Agent”). Validation Data must be provided as requested from time to time by the Registry. Registrant must pay the nonrefundable “Validation Fee”. Registrant certifies, prior to check out or collection of any registration fees, that Registrant is qualified to register the domain and that all provided information is true and accurate. Validation may occur for each registration year. Registry may periodically re-verify accreditation at no additional cost.
Dot Tickets Organisation (DTO)
.TICKETS Terms and Conditions – http://dottickets.org/policies/
Merchant Law Group LLP
.LOVE Terms and Conditions – http://getdotlove.domains/wp-content/uploads/2015/05/Policies-dotlove-201504234.pdf
Motion Picture Domain Registry Pty Ltd
.FILM Terms and Conditions – http://nic.film/policies/
Stable Tone
.健康Terms and Conditions – http://healthy.stabletone.com/en/policies/
.世界 Terms and Conditions – http://nic.xn--rhqv96g/en/policies
InterNet X
.SRL and Conditions – https://www.internetx.info/srl/policies/
SWITCH
.SWISS Terms and Conditions – http://www.disclaimer.admin.ch/terms_and_conditions.html
American Bible Society
.BIBLE Terms and Conditions – http://nic.bible/policy
Code of Conduct for .BIBLE Domain Name Usage
The Code of Conduct for the .BIBLE Top-Level Domain (TLD) contain the terms, covenants, conditions, and provisions that provide a framework to fulfill the vision for .BIBLE to be the trusted source for all things Bible. By registering a .BIBLE domain name, the Registrant acknowledges to have read the Code of Conduct, understand them, and agree to be bound by them.
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- The Registrant will use its registered .BIBLE domain name(s) to associate and identify with the healthy respect of the Bible. The Registrant will be respectful of all people as children of God by display Biblical qualities of loving kindness and charity toward all people, especially when addressing matters of differing doctrines or practices among the full range of Christian churches and ministries.
- The Registrant will not post or distribute unsuitable, inappropriate, objectionable and offensive material, including (but are not limited to): cybersquatting, phishing, malware, pornography, hate speech, obscenities, disputation, defamation, and any material in violation of all applicable local, state and federal laws.
- The Registrant will help ensure that other members of the .BIBLE Community also abide by this Code of Conduct by reporting any violations at the .BIBLE Registry website at http://nic.bible.
- Working with the sponsoring registrar, the .BIBLE Registry will make a reasonable attempt to contact the Registrant upon determining a .BIBLE domain name’s usage to be in violation of the Code of Conduct. A suspended website may be reinstated upon resolution and a renewed commitment to abide by the Code of Conduct. Serious or repeated infringements shall be cause for termination.
- The Registrant understands that a violation of this Code of Conduct will result in their .BIBLE domain name registration being suspended or terminated without refund, and the corresponding website will be shut down, at the sole discretion of the .BIBLE Registry being operated by American Bible Society.
- The .BIBLE Registry reserves the right at any time and for any reason to suspend or terminate the Registrant’s .BIBLE domain name. Suspension or termination may be effective without notice.
- Please note that the .BIBLE Registry reserves the right to change the Code of Conduct by posting such changes on the Site and it shall be deemed to take effect when posted. The Registrant’s continued use of the .BIBLE domain name will be conclusively deemed acceptance of any changes to these Terms and Conditions.
- All disputes arising from the enforcement of this Code of Conduct shall be handled in the following manner:
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- 8.1 The complaining registrant shall contact The American Bible Society at
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- . The registrant agrees to attempt to resolve any claim or dispute arising out of or related to this Code of Conduct through good faith negotiations taking into consideration Biblical principles of fair dealing and reconciliation.
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- 8.2 If the Parties do not reach a resolution through the good faith negotiations, the registrant has the opportunity to appeal to a Dispute Resolution Process. Details of the Process, include rules, procedures and fees may be found at
- the results of the Process will be final and binding.
Boston Ivy
.BROKER Terms and Conditions – http://nic.broker/home/registry-policies/
.FOREX Terms and Conditions – http://nic.forex/home/registry-policies/
.TRADING Terms and Conditions – http://nic.trading/home/registry-policies/
.CFD Terms and Conditions – http://nic.cfd/registry-policies/
.SPREADBETTING Terms and Conditions – http://nic.spreadbetting/registry-policies/
.NADEX Terms and Conditions – http://nic.nadex/
Elegant Leader Limited
.XIN Terms and Conditions – http://www.nic.xin/policy/?spm=5334.1931110.101.4.grTDvm
KRG Department of Information Technology
.KRD Terms and Conditions – http://nic.krd/#documents
National Association of Real Estate Investment Trusts, Inc.
.REIT Terms and Conditions – http://nic.reit/
Limited Liability Company “Coordination Center of Regional Domain of Tatarstan Republic”
.TATAR Terms and Conditions – http://domain.tatar/en/users/documents.php
FRLregistry B.V.
.FRL Terms and Conditions – http://nic.frl/#documents
Microsoft Corporation
.AZURE Terms and Conditions – http://nic.azure/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyAzureTLD.pdf
.BING Terms and Conditions – http://nic.bing/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyBingTLD.pdf
.HOTMAIL Terms and Conditions – http://nic.hotmail/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyHotmailTLD.pdf
.MICROSOFT Terms and Conditions – http://nic.microsoft/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyMicrosoftTLD.pdf
.OFFICE Terms and Conditions – http://nic.office/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyOfficeTLD.pdf
.SKYPE Terms and Conditions – http://nic.skype/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicySkypeTLD.pdf
.WINDOWS Terms and Conditions – http://nic.windows/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyWindowsTLD.pdf
.XBOX Terms and Conditions – http://nic.xbox/PDF/RegistrationPolicy/MicrosoftTLDregistrationpolicyXboxTLD.pdf
AAA
.AAA Terms and Conditions – http://nic.aaa/docs/Registration_Policies.pdf
ABBOTT
.ABBOTT Terms and Conditions – http://nic.abbott/content/dam/corp/nic-abbott/pdf/abbott_gtld_registration_policy.pdf
AIG
.AIG Terms and Conditions – http://www.nic.aig/content/dam/dotaig/america-canada/us/documents/aig-tld-registration-policy.pdf
CSC
.CSC Terms and Conditions – http://www.csc.com/nic
.GOOGLE Terms and Conditions – https://www.registry.google/
NADEX
.NADEX Terms and Conditions – http://nic.nadex/
ITAU
.ITAU Terms and Conditions – http://www.nic.itau/
Istanbul Dijital Medya Tic. A.Ş.
.ISTANBUL Terms and Conditions – http://nic.istanbul/politikalar/policies
.IST Terms and Conditions – http://nic.ist/politikalar/policies
Fundació puntCAT
.BARCELONA Terms and Conditions – http://domini.barcelona/en/regulations
GDN Registry FZ-LLC
.GDN Terms and Conditions – http://nic.gdn/policy/
Top Level Spectrum
.FEEDBACK Terms and Conditions – http://www.nic.feedback/registration-agreement/
FOX
.FOX Terms and Conditions – http://nic.fox/
AMICA
.AMICA Terms and Conditions – http://nic.amica/
STATEFARM
.STATEFARM Terms and Conditions – http://nic.statefarm/
DELOITTE
.DELOITTE Terms and Conditions – https://www.nic.deloitte
NOKIA
.NOKIA Terms and Conditions – http://nic.nokia/
NEUSTAR
.NEUSTAR Terms and Conditions – http://www.nic.neustar/
IPIRANGA
.IPIRANGA Terms and Conditions – http://www.nic.ipiranga/
JMP
.JMP Terms and Conditions – http://nic.jmp/
CHASE
.CHASE Terms and Conditions – http://www.nic.chase/
JPMORGAN
.JPMORGAN Terms and Conditions – http://www.nic.jpmorgan/
PFIZER
.PFIZER Terms and Conditions – http://www.nic.pfizer/
DHL
.DHL Terms and Conditions – http://www.nic.dhl/
DUPONT
.DUPONT Terms and Conditions – http://www.nic.dupont/
GOOG
.GOOG Terms and Conditions – http://www.nic.goog/
FARMERS
.FARMERS Terms and Conditions – http://www.nic.farmers/
SAS
.SAS Terms and Conditions – http://nic.sas/
PRUDENTIAL
.PRUDENTIAL Terms and Conditions – http://nic.prudential/
PRU
.PRU Terms and Conditions – http://nic.pru/
PRAMERICA
.PRAMERICA Terms and Conditions – http://nic.pramerica/
.קום (.xn--9dbq2a)
By undertaking registration of the domain name under these terms and conditions, Registrant hereby acknowledges and provides consent to disclosure, transfer, and the use of certain Registrant Whois Data in accordance with the Privacy Protection Regulations (Transfer of Data Outside of Israel) – 2001.
VIVO
.VIVO Terms and Conditions – http://nic.vivo/
.NEW
.NEW Terms and Conditions – https://www.registry.google/policies/registration/new/#!/
.GAY
.GAY Terms and Conditions
- Comply with this Agreement, the .gay Domain Registration Policy, Rights Protections Policy, Sunrise Dispute Resolution Policy and all applicable laws and regulations laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations. (Policy and conditions are available at https://toplevel.design/policy)
- The .gay extension is subject to Non-Uniform Renewal Registrations Pricing. Non-standard domains have non-uniform renewal registration pricing such that the Registration Fee for a domain name registration renewal may differ from other domain names in the same TLD.
- You are prohibited from distributing malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law, and providing (consistent with applicable law and any related procedures) consequences for such activities including suspension and/or the deletion of the domain name. If a registrant is collecting and maintaining sensitive health and financial data, they must comply with applicable laws on the provision of such services and including security measures applicable to that
