1. AGREEMENT. In this Registration Agreement ("Agreement") "you" and
"your" refer to the registrant of each domain name registration, "we", "us"
and "our" refer to In2net Network Inc. and "Services" refers to the domain name
registration provided by us. This Agreement explains our obligations to you,
and explains your obligations to us for the Services.
2. SELECTION OF A DOMAIN NAME. You represent that, to the best of the
your knowledge and belief, neither this registration of a domain name nor the
manner in which it is directly or indirectly to be used infringes upon the legal
rights of a third party and, further, that the domain name is not being registered
for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever.
3. FEES. As consideration for the Services, you agree to pay the applicable
service(s) fees. All fees payable hereunder are non-refundable. As further consideration
for the Services, you agree to: (1) provide certain current, complete and accurate
information about you as required by the registration process, and (2) maintain
and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information ("Account Information").
By submitting this Agreement, you represent that the Account Information and
all other statements put forth in your application are true, complete and accurate.
Both In2net and the Registry reserve the right to terminate your domain name
registration if: (i) information provided by you or your agent is false, inaccurate,
incomplete, unreliable, misleading or otherwise secretive; or (ii) you have
failed to maintain, update and keep your Account Information true, current,
complete, accurate and reliable. You acknowledge that a breach of this Section
3 will constitute a material breach of our Agreement which will entitle either
us or the Registry to terminate this agreement immediately upon such breach
without any refund and without notice to you.
4. TERM. This Agreement will remain in full force during the length of
the term of your Domain Name Registration as selected, recorded, and paid for
upon registration of the Domain Name. Should you choose to renew or otherwise
lengthen the term of your Domain Name Registration, the term of this Registration
Agreement will be extended accordingly. Should the domain name be transferred
to another Registrar, the terms and conditions of this contract shall cease.
5. MODIFICATIONS TO AGREEMENT. You agree that either we or the Registry
may: (1) revise the terms and conditions of this Agreement; and (2) change the
services provided under this Agreement. You agree to be bound by any such revision
or change which shall be effective immediately upon posting on our web site
or upon notification to you by e-mail or your country's postal service pursuant
to the Notices section of this Agreement. You agree to review this Agreement
as posted on our web site periodically to maintain an awareness of any and all
such revisions. If you do not agree with any revision to the Agreement, you
may terminate this Agreement at any time by providing us with notice by e-mail
or postal service pursuant to the Notices section of this Agreement. Notice
of your termination shall be effective after processing by us. You agree that,
by continuing the use of Services following notice of any revision to this Agreement
or change in service(s), you shall be bound by any such revisions and changes.
You further agree to be bound by the ICANN Uniform Dispute Resolution Policy
("Dispute Policy") as presently written and posted on http://www.icann.org/udrp/udrp-policy-24oct99.htm
and as such shall be amended from time to time. You acknowledge that if you
do not agree to any such modifications, you may request that your domain name
be deleted from the domain name database.
6. MODIFICATIONS TO YOUR ACCOUNT. In order to change any of your account
information with us, you must use your Account Identifier and Password that
you selected when you opened your account with us. You agree to safeguard your
Account Identifier and Password from any unauthorized use. In no event shall
we be liable for the unauthorized use or misuse of your Account Identifier or
Password.
7. DOMAIN NAME DISPUTE POLICY. If you reserved or registered a domain
name through us, or transferred a domain name to us from another registrar,
you agree to be bound by the Dispute Policy that is incorporated herein and
made a part of this Agreement by reference. The current version of the Dispute
Policy may be found at http://www.icann.org/udrp/udrp-policy-24oct99.htm.
Please take the time to familiarize yourself with this policy.
8. DOMAIN NAME DISPUTES. You agree that, if the registration or reservation
of your domain name is challenged by a third party, you will be subject to the
provisions specified in the Dispute Policy. 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 contained in the Dispute Policy. For any
dispute, you agree to submit to the jurisdiction of the courts of the Province
of British Columbia, Canada.
9. POLICY. You agree that your registration of the domain name shall
be subject to suspension, cancellation, or transfer pursuant to a In2net, Registry,
ICANN or government-adopted policy, or pursuant to any registrar or registry
procedure not inconsistent with a In2net, Registry, ICANN or government-adopted
policy, (1) to correct mistakes by us or the Registry in registering the name
or (2) for the resolution of disputes concerning the domain name.
10. AGENCY. Should you intend to license use of a domain name to a third
party you shall nonetheless be the domain name holder of record and are therefore
responsible for providing your own full contact information and for providing
and updating accurate technical and administrative contact information adequate
to facilitate timely resolution of any problems that arise in connection with
the domain name. You shall accept liability for harm caused by wrongful use
of the domain name. You represent that you have provided notice of the terms
and conditions in this Agreement to any third party licensee and that the third
party agrees to the terms hereof.
11. ANNOUNCEMENTS. We reserve the right to distribute information to
you that is pertinent to the quality or operation of our services and those
of our service partners. These announcements will be predominately informative
in nature and may include notices describing changes, upgrades, new products
or other information to add security or to enhance your identity on the Internet.
12. LIMITATION OF LIABILITY. You agree that our entire liability, and
your exclusive remedy, with respect to any Services(s) provided under this Agreement
and any breach of this Agreement is solely limited to the amount you paid for
such Service(s). We and our contractors shall not be liable for any direct,
indirect, incidental, special or consequential damages resulting from the use
or inability to use any of the Services or for the cost of procurement of substitute
services. Because some states do not allow the exclusion or limitation of liability
for consequential or incidental damages, in such states, our liability is limited
to the extent permitted by law. We disclaim any and all loss or liability resulting
from, but not limited to: (1) loss or liability resulting from access delays
or access interruptions; (2) loss or liability resulting from data non-delivery
or data mis-delivery; (3) loss or liability resulting from acts of God; (4)
loss or liability resulting from the unauthorized use or misuse of your account
identifier or password; (5) loss or liability resulting from errors, omissions,
or misstatements in any and all information or services(s) provided under this
Agreement; (6) loss or liability resulting from the interruption of your Service.
You agree that we will not be liable for any loss of registration and use of
your domain name, or for interruption of business, or any indirect, special,
incidental, or consequential damages of any kind (including lost profits) regardless
of the form of action whether in contract, tort (including negligence), or otherwise,
even if we have been advised of the possibility of such damages.
13. INDEMNITY. You agree to release, indemnify, and hold us and the Registry
Operator, and their/our subcontractors, agents, employees, officers, directors,
shareholders and affiliates harmless from all liabilities, claims and expenses,
including attorney's fees, of third parties relating to or arising under this
Agreement, the Services provided hereunder or your use of the Services, including
without limitation infringement by you, or someone else using the Service of
any intellectual property or other proprietary right of any person or entity,
or from the violation of any of our operating rules or policy relating to the
Service(s) provided. You also agree to release, indemnify and hold us harmless
pursuant to the terms and conditions contained in the Dispute Policy. When we
are threatened with suit by a third party, we may seek written assurances from
you concerning your promise to indemnify us; your failure to provide those assurances
shall be a breach of your Agreement and may result in deactivation of your domain
name. This indemnification obligation will survive the termination or expiration
of this Agreement.
14. TRANSFER OF OWNERSHIP. The person named as registrant on the WHOIS
shall be the registered name holder. The person named as administrative contact
at the time the controlling user name and password are secured shall be deemed
the designate of the registrant with the authority to manage the domain name.
You agree that prior to transferring ownership of your domain name to another
person (the "Transferee") you shall require the Transferee to agree, in writing
to be bound by all the terms and conditions of this Agreement. Your domain name
will not be transferred until we receive such written assurances or other reasonable
assurance that the Transferee has been bound by the contractual terms of this
Agreement (such reasonable assurance as determined by us in our sole discretion)
along with the applicable transfer fee. If the Transferee fails to be bound
in a reasonable fashion (as determine by us in our sole discretion) to the terms
and conditions in this Agreement, any such transfer will be null and void.
15. BREACH. You agree that failure to abide by any provision of this
Agreement, any operating rule or policy or the Dispute Policy provided by us,
may be considered by us to be a material breach and that we may provide a written
notice, describing the breach, to you. If within thirty (30) calendar days of
the date of such notice, you fail to provide evidence, which is reasonably satisfactory
to us, that you have not breached your obligations under the Agreement, then
we may delete the registration or reservation of your domain name. Any such
breach by you shall not be deemed to be excused simply because we did not act
earlier in response to that, or any other breach by you.
16. NO GUARANTY. You acknowledge that registration or reservation of
your chosen domain name does not confer immunity from objection to the registration,
reservation or use of the domain name.
17. DISCLAIMER OF WARRANTIES. You agree that your use of our Services
is solely at your own risk. You agree that such Service(s) is provided on an
"as is," "as available" basis. We expressly disclaim all warranties of any kind,
whether express or implied, including but not limited to the implied warranties
of merchantability, fitness for a particular purpose and non-infringement. We
make no warranty that the Services will meet your requirements, or that the
Service(s) will be uninterrupted, timely, secure, or error free; nor do we make
any warranty as to the results that may be obtained from the use of the Service(s)
or as to the accuracy or reliability of any information obtained through the
Service or that defects in the Service will be corrected. You understand and
agree that any material and/or data downloaded or otherwise obtained through
the use of Service is done at your own discretion and risk and that you will
be solely responsible for any damage to your computer system or loss of data
that results from the download of such material and/or data. We make no warranty
regarding any goods or services purchased or obtained through the Service or
any transactions entered into through the Service. No advice or information,
whether oral or written, obtained by you from us or through the Service shall
create any warranty not expressly made herein.
18. INFORMATION. As part of the registration process, you are required
to provide us certain information and to update us promptly as such information
changes such that our records are current, complete and accurate. You are obliged
to provide us the following information:
(i) Your name and postal address (or, if different, that of the domain name
holder);
(ii) The domain name being registered;
(iii) The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the administrative contact for the domain name; and
(iv) The name, postal address, e-mail address, and voice and fax (if available)
telephone numbers of the billing contact for the domain name.
Any other information, which we request from you at registration, is voluntary.
Any voluntary information we request is collected such that we can continue
to improve the products and services offered to you.
19. DISCLOSURE AND USE OF REGISTRATION INFORMATION. You agree and acknowledge
that we will make domain name registration information you provide available
to ICANN, to the registry administrators, and to other third parties as applicable.
You further agree and acknowledge that we may make publicly available, or directly
available to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our WHOIS
service) or other purposes as required or permitted by ICANN and applicable
laws.
You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided by you
in connection with the registration of a domain name (including any updates
to such information), whether during or after the term of your registration
of the domain name. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of your domain name
registration information by us.
You may access your domain name registration information in our possession to
review, modify or update such information, by accessing our domain manager service,
or similar service, made available by us.
We will not process data about any identified or identifiable natural person
that we obtain from you in a way incompatible with the purposes and other limitations
which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from
you from our loss, misuse, unauthorized accessor disclosure, alteration or destruction
of that information.
20. REVOCATION. Your wilful provision of inaccurate or unreliable information,
your wilful failure promptly to update information provided to us, or any failure
to respond to inquiries by us addressed to the email address of the registrant,
the administrative, billing or technical contact appearing in the "WHOIS" directory
with respect to a domain name concerning the accuracy of contact details associated
with the registration shall constitute a material breach of this Agreement and
be a basis for cancellation of the domain name registration. 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/Registry Operator policy.
21. RIGHT OF REFUSAL. We, in our sole discretion, reserve the right to
refuse to register or reserve your chosen domain name or register you for other
Services. In the event we do not register or reserve your domain name or register
you for other Services, or we delete your domain name or other Services within
such thirty (30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages that may result
from our refusal to register, reserve, or delete your domain name or register
you for other Services.
We reserve the right to delete or transfer your domain name within a thirty
(30) day period following registration if we believe the registration has been
made possible by a mistake, made either by us or by a third party.
22. SEVERABILITY. You agree that the terms of this Agreement are severable.
If any term or provision is declared invalid or unenforceable, that term or
provision will be construed consistent with applicable law as nearly as possible
to reflect the original intentions of the parties, and the remaining terms and
provisions will remain in full force and effect.
23. NON-AGENCY. Nothing contained in this Agreement or the Dispute Policy
shall be construed as creating any agency, partnership, or other form of joint
enterprise between the parties.
24. NON-WAIVER. Our failure to require performance by you of any provision
hereof shall not affect the full right to require such performance at any time
thereafter; nor shall the waiver by us of a breach of any provision hereof be
taken or held to be a waiver of the provision itself.
25. NOTICES. Any notice, direction or other communication given under
this Agreement shall be in writing and given by sending it via e-mail or via
regular mail. In the case of e-mail, valid notice shall only have been deemed
to be given when an electronic confirmation of delivery has been obtained by
the sender. In the case of e-mail notification to us to registrar@in2net.com,
in the case of notice to you, at the e-mail address provided by you in your
WHOIS record. Any e-mail communication shall be deemed to have been validly
and effectively given on the date of such communication, if such date is a business
day and such delivery was made prior to 5:00 p.m. PST, otherwise it will be
deemed to have been delivered on the next business day. In the case of regular
mail notice, valid notice shall be deemed to have been validly and effectively
given 5 business days after the date of mailing and, in the case of notification
to us shall be sent to:
In2net Network Inc.
Domain Division
Suite 210 - 3602 Gilmore Way,
Burnaby, B.C. V5G 4W9
Attention: Customer Service
and in the case of notification to you shall be to the address specified in
the "Administrative Contact" in your WHOIS record.
26. ENTIRETY. You agree that this Agreement, the rules and policies published
by In2net, ICANN and/or the Registry Operator and the Dispute Policy are the
complete and exclusive agreement between you and us regarding our Services.
This Agreement and the Dispute Policy supersede all prior agreements and understandings,
whether established by custom, practice, policy or precedent.
27. GOVERNING LAW. THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED
AND ENFORCED IN ACCORDANCE WITH THE LAWS OF PROVINCE OF BRITISH COLUMBIA AND
THE FEDERAL LAWS OF CANADA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING
CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN BRITISH
COLUMBIA AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
28. INFANCY. You attest that you are of legal age to enter into this
Agreement.
29. FORCE MAJEURE. You acknowledge and agree that neither we nor the
Registry shall be responsible for any failures or delays in performing our respective
obligations hereunder arising from any cause beyond our reasonable control,
including but not limited to, acts of God, acts of civil or military authority,
fires, wars, riots, earthquakes, storms, typhoons and floods.
30. FOREIGN LANGUAGE: Controlling Language. In the event that you are
reading this agreement in a language other than the English language, you acknowledge
and agree that the English language version hereof shall prevail in case of
inconsistency or contradiction in interpretation or translation.
31. ACCEPTANCE OF AGREEMENT. YOU ACKNOWLEDGE THAT YOU HAVE READ THIS
AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY
EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION
AGREEMENT, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
32. OTHER.
DEFENSIVE REGISTRATIONS
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.
SERVICE DESCRIPTION
Please refer to the following URLs for a service description of .name defensive registrations:
(a) Appendix C Pt 1 B of the agreement between the Internet Corporation for Assigned Names and Numbers (“ICANN”) and The Global Name Registry, Limited (“the ICANN Agreement”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
(b) Appendix L of the ICANN Agreement, available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
(c) Section 1.3 of the Registry-Registrar Agreement between Registrar and The
Global Name Registry, Limited (“the RRA”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm
WHO MAY APPLY
Anyone may apply and register a Defensive Registration, for any string or combination
of strings.
PROVISION OF REGISTRATION DATA
(a) 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.
(b) 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
(c) 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 wilful provision of inaccurate or unreliable information, your wilful 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
(a) 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 the provisions 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 [Registrar] 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
[Registrar] 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 [Registrar] and/or Registry Operator, as well as their affiliates,
subsidiaries, officers, directors and employees. [Registrar] 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 will survive the termination
or expiration of this Agreement.
COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) Internet Corporation for Assigned Names and Numbers (“ICANN”) standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or under any other arrangement with ICANN; and
(b) operational standards, policies, procedures, and practices for the Registry
TLD established from time to time by Registry Operator in a non-arbitrary manner
and applicable to all Registrars, including affiliates of Registry Operator,
and consistent with ICANN's standards, policies, procedures, and practices and
Registry Operator's Registry Agreement with ICANN. Among Registry Operator's
operational standards, policies, procedures, and practices are those set forth
in Exhibit E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name.
Additional or revised Registry Operator operational standards, policies, procedures,
and practices for the Registry TLD shall be effective upon thirty (30) days
notice by Registry Operator to Registrar.
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
(A) Appendix C Pt 1 C of the agreement between the Internet Corporation for
Assigned Names and Numbers (“the ICANN Agreement”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appc-1-8aug03.htm#a
(B) Sections 1.3 and 1.8 of the Registry-Registrar Agreement between Registrar
and The Global Name Registry, Limited (“the RRA”), available at
http://www.icann.org/tlds/agreements/name/registry-agmt-appf-8aug03.htm
PROVISION OF REGISTRATION DATA
(a) 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.
(b) 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:
(a) the Eligibility Requirements (the “Eligibility Requirements”), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-8aug03.htm
(b) the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-8aug03.htm
(c) the Uniform Domain Name Dispute Resolution Policy (the "UDRP"), available at http://www.icann.org/dndr/udrp/policy.htm.
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 [Registrar]
harmless pursuant to the terms and conditions set forth below in this Agreement.
RESERVATION OF RIGHTS
[Registrar] 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 [Registrar] 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.