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1. AGREEMENT
In this Service Agreement ("Agreement") "you" and "your" refer to each customer,
"we", us" and "our" refer to Daphnisys IT Consultant. (hereinafter referred to
as Net4India) and Services refers to the services provided by us. This Agreement
explains our obligations to you, and explains your obligations to us for various
Services. By selecting our Services you have agreed to establish an account with
us for such Services. The clause 19 sets out the additional provisions specific
to .biz; .asia; .me and .tel TLD domain name registration. When you use your
account or permit someone else to use it to purchase or otherwise acquire access
to additional Services or to cancel your Services (even if we were not notified
of such authorization), this Agreement covers such service or actions. By using
the Services under this Agreement, you acknowledge that you have read and agree
to be bound by all terms and conditions of this Agreement and by any pertinent
rules or policies that are or may be published/ mailed by us.
2. SELECTION OF DOMAIN NAME
We cannot check and are not obligate to see whether the domain name you
select/transfer, or the use you make of the domain name, infringes legal rights
of others. We urge you to investigate to see whether the domain name you select
or its use infringes legal rights of others, and in particular we suggest you
seek advice of competent counsel. You may wish to consider seeking one or more
trademark registrations in connection with your domain name. You should be aware
that there is the possibility we might be ordered by a court to cancel, modify,
or transfer your domain name. You should be aware that if we are sued or
threatened with lawsuit in connection with your domain name, we might turn to
you to hold us harmless and indemnify us.
3. Responsibilities of Parties
a) You shall provide to us accurate and reliable contact details and
promptly correct and update them during the term of the domain registration,
including: the full name, postal address, e-mail address, voice telephone
number, and fax number if available; name of authorized person for contact
purposes in case you are an organization, association, or corporation.
b) Your willful provision of inaccurate or unreliable information,
willful failure to promptly update information provided to us, or your failure
to respond for over fifteen (15) calendar days to inquiries by us concerning the
accuracy of contact details associated with your domain registration shall
constitute a material breach of the agreement and be a basis for cancellation of
the domain registration.
c) If you intends to license use of the domain name to a third party,
nonetheless, you are responsible for providing its 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. The Registrant licensing the use of a domain
according to this provision shall accept liability for harm caused by wrongful
use of the domain, unless it promptly discloses the current contact information
provided by the licensee and the identity of the licensee to a party providing
the Registrant reasonable evidence of actionable harm.
d) We shall provide notice to each new or renewed Registrant stating:
·
(i) The purposes for which any Personal Data
collected from the applicant/registrant are intended;
·
(ii) The intended recipients or categories of
recipients of the data (including the Registry Operator and others who will
receive the data from Registry Operator);
·
(iii) Which data are obligatory and which data,
if any, are voluntary; and
·
(iv) How the Registrant or data subject can
access and, if necessary, rectify the data held about them.
e) You shall consent to the data processing referred to in Clause (d).
f) You shall represent that notice has been provided equivalent to that
described in Clause (d) to any third-party individuals whose Personal Data are
supplied to the Company by you, and that you have obtained consent equivalent to
that referred to in Clause (e) of any such third-party individuals.
g) We agree that we’ll not process the Personal Data collected from you
in a way incompatible with the purposes and other limitations about which we
have provided notice to you in accordance with Clause (d) above.
h) We agree that we will take reasonable precautions to protect Personal
Data from loss, misuse, unauthorized access or disclosure, alteration, or
destruction.
i) You shall represent that, to the best of your knowledge and belief,
neither the registration of the domain Name nor the manner in which it is
directly or indirectly used, infringes the legal rights of any third party.
j) For the adjudication of disputes concerning or arising from use of the
domain name, you shall submit, without prejudice to other potentially applicable
jurisdictions, to the jurisdiction of the courts (1) of your domicile and (2)
where we are located.
k) You shall agree that the registration of the domain name shall be
subject to suspension, cancellation, or transfer pursuant to any ICANN adopted
specification or policy, or pursuant to any registrar or registry procedure not
inconsistent with an ICANN adopted specification or policy, (1) to correct
mistakes by Registrar or the Registry Operator in registering the name or (2)
for the resolution of disputes concerning the domain name.
l) You shall indemnify and hold harmless the Company, 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 related to your domain name registration.
4. FEES PAYMENT AND TERM
As consideration for the Services you have selected, you agree to pay us the
applicable service(s) fees. All fees payable hereunder are non-refundable unless
we provide otherwise. As further consideration for the Services, you agree to:
(1) provide current, complete and accurate information about you as required for
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"). You hereby grant us
the right to disclose to third parties such Account Information. The Registrant,
by completing and submitting the Domain Name Registration/Transfer Agreement
("Registration/Transfer Agreement"), represents that the statements in its
application are true and that the registration of the selected Domain Name, so
far as the Registrant is aware, does not interfere with or infringe upon the
legal rights of any third party. The Registrant also represents that the Domain
Name is not being registered/transferred for any unlawful purpose.
On the registration/transfer of a Domain name by Net4India, a default (php3)
home page will be displayed that could contain the following information:
·
1. Name of the registrant
·
2. Email address of the registrant
·
3. Address of registrant
·
4. Logo of Net4domains.com (site from which the
domain is registered)
·
5. Logo of Net4India (server on which domain is
hosted initially)
Domain Name can be applied for a period of 1 to 10 years (minimum period 1 year
but in case of .biz, .info and .asia minimum period 2 yrs.) from the date of the
registration. You can apply for renewal of the registration for further period
of 1 to 10 years on payment of renewal fees applicable at the time of
re-registration, and terms and conditions as applicable at the time of
re-registration. As a security measure all .in domain shall be under transfer
lock and auth codes for unlocking the domain not due for renewal within 45 days
shall be given to customer on request. In case the date of renewal is less than
45 days auth code for such domains shall be given to customer only after
renewal. The payment for re-registration must be received at least 15 days prior
to the date of expiry otherwise re-registration of the same domain name shall
not be granted. You acknowledge and agree that Net4India cannot guarantee that
you will be able to register or renew a desired domain name even, if an inquiry
indicates that domain name is available, since Net4India cannot know with
certainty whether or not the domain name which you are seeking to register is
simultaneously being sought by third party(s), or whether there are any
inaccuracies or errors in the domain name registration or renewal process or
related databases, including the various WHOIS databases. You further agree that
Net4India may elect to accept or reject your application for registration or
renewal for any reason at its sole discretion.
All payments are to be made in favour of "Daphnisys IT Consultant." payable at
New Delhi and are to be sent at the mailing address as mentioned in clause 20 of
this agreement by courier/registered post. No outstation cheques are accepted.
At the back of the cheque / Demand draft you are required to mention your Order
ID and domain name(s) you have booked against each order ID. In case payment is
made by Credit Card then the registrant is required to send at the sole
discretion of Net4India, where it deems fit a Confirmation Letter (see Annexure
I) duly signed by him through fax/courier/registered post. Net4India reserves
the right to stop the services, in case the confirmation letter as required is
not received back within 10 days of allotment of Order ID Number.
Your domain name application, renewal application or registrar transfer request
will not be submitted to the applicable registry unless we receive actual
payment of the registration, renewal or transfer fee or reasonable assurance of
payment of the registration, renewal or transfer fee from some other entity
(such reasonable assurance as determined by Net4India at its sole discretion).
In the event of a charge back by a credit card company or dishonor of cheque /
demand draft in connection with your payment for the registration, renewal or
registrar transfer request, you acknowledge and agree that the registration
shall be transferred to Net4India as the entity that has paid the registration,
renewal or transfer fee for that registration to registry, and that we reserve
all rights regarding such domain name including, without limitation, the right
to make the domain name available to other parties for purchase. We will
reinstate any such registration solely at our discretion, and subject to our
receipt of the applicable registration, renewal or transfer fee.
As per the ICANN Policy the Registrar shall send atleast two reminder
mails/notice to the Registrant for a domain approaching expiry. It is also the
responsibility of the registrant to renew the domain name on timely basis.
However, at the conclusion of the registration period , failure by the
Registrant fails to pay the renewal fee within the specified time as mentioned
in the second reminder notice/mail, results in cancellation of the domain
registration. We may send you more than two reminder mails for renewal prior to
the date when a renewal is due. (Though renewal reminder is automated, We owe no
responsibility if we fail to notify prior to due date. You are requested to make
the payment for renewal as and when due). Domain renewal status can be checked
by you from the control panel provided to you. Should a renewal fee go unpaid
within the time specified regarding renewal, the registration will be cancelled.
Payment must be made by cheque/demand draft/credit card or such other method as
we may indicate in the registration application or renewal form. We will renew
the registration for the term specified, provided your credit card or other
billing information is available and up to date, unless you instruct us
otherwise within the time specified. If your billing information is not accurate
and you wish to renew the registration, we will contact you to update this
information and charge you accordingly.
In case the requisite payment is not received since it is due, then we can stop
providing services to you and the stoppage of service due to non payment or any
other reason attributable to you can not be held as " intent to cause wrongful
loss or damage to the public or any person and neither it can be constructed to
diminish the value or utility or affect you injuriously'. Discontinuance of
service by Net4India due to non payment of dues or any other reason attributable
to you does not amount to Hacking.
5. MODIFICATION OF AGREEMENT
You agree, during the period of this Agreement, that we may: (1) revise the
terms and conditions of this Agreement; and (2) change the services provided
under this Agreement. Any such revision or change will be binding and effective
immediately on posting of the revised Agreement or change to the service(s) on
our web site, or on notification to you by e-mail or regular mail as per the
Notices clause of this agreement, Clause 20. You agree to review our web site,
including the Agreement, periodically to be aware of any 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 regular mail as
per the Notice clause of this agreement, Clause 20. Notice of your termination
will be effective on receipt and processing by us. You agree that, by continuing
to use the Services following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes. You further agree
that we, in our sole discretion, may modify our Domain Name Dispute Policy at
any time. 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 modifications, you may request that your domain name be deleted from the
domain name database.
6. MODIFICATION TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your
CRN ID (that you were assigned when you opened your account with us) and
Password (that you use to login to your panel). Please safeguard your Account
Identifier i.e. the CRN ID and Password from any unauthorized use. In no event
we will be liable for the unauthorized use or misuse of your CRN ID or Password.
However processing of any transaction relating to your domain, may require
certain modification, for which purposes you authorize us to modify you domain
details for processing your requested transaction on your behalf. That such
modification to your domain details will be restored back within 30 days from
the date when the requested transaction has been successfully executed.
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 ICANN Domain Name
Dispute Policy ("Dispute Policy") which is incorporated herein and made a part
of this Agreement by reference. Please take the time to familiarize yourself
with the dispute policy. ICANN reserve the right to modify the dispute policy
and the moment modified dispute policy is put in our web site, the modified
dispute policy is applicable.
8. DOMAIN NAME DISPUTES
You agree that, if the registration or reservation or transfer of your domain
name is challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time 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 contained in
the Dispute Policy.
9. DOMAIN NAME RENEWALS AND DELETION POLICY
If you fail to renew your domain name, the domain names under Net4 will be
renewed automatically by Net 4 India on your behalf for a period of one (1)
Year. After auto renewal of your domain name by Net 4 India you will have a
Renewal Grace Period of 38 days during which you may reimburse Net 4 its renewal
fee and keep your domain name. That a Domain under Renewal Grace Period shall on
expiry of 21st day be put on HOLD (i.e. domain gets disabled and all services
like hosting/mailing gets stopped). If you do not reimburse Net 4 India such
renewal charges during the renewal grace period your domain with Hold status
shall be flagged for deletion on the 38th Day, after which you will have a
30-day redemption period during which you may pay Net 4 India Redemption fee and
renewal charges and redeem your domain name from the Registry. The maximum
redemption fee is INR 10,000/- and is subject to change under the terms of this
agreement. If you do not redeem your domain name prior to the end of the
Redemption Period the Registry will release your name and it will become
available for registration on a first-come-first-served basis.
Renewal Grace Periods and Redemption Periods vary for different ccTLDs. Please
refer to the specific terms for the applicable ccTLD. In the event of a conflict
between this paragraph and the ccTLD terms, the ccTLD terms shall control.
10. AGENTS
You agree that, if an agent for you (i.e., an Internet Service Provider, web
designing company, employee, etc.) purchased our Services on your behalf, you
are nonetheless bound as a principal by all terms and conditions herein,
including the Dispute Policy.
11. ANNOUNCEMENTS
We reserve the right to display/distribute any search results and/or advertising
result in Pop-up, Pop-under, exit widows, expanding buttons or animations 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 search 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). Our contractors
and we 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. 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 CRN ID or Password; (5) loss or liability
resulting from errors, omissions, or mis-statements in any and all information
or services(s) provided under this Agreement; (6) loss or liability resulting
from the development or interruption of your Web site or email service. The
registrant agrees that we will not be liable for any loss of registration and
use of registrant's 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. In no event our maximum liability shall exceed the
amount of fees paid by you for the service/s hired by you.
13. INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents,
employees, officers, directors 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 E-mail Service with your computer, 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 lawsuit
by a third party, we may seek written assurances from you concerning your
promise to indemnify us; your failure to provide those assurances may be
considered by us to be a breach of your Agreement and may result in deactivation
of your domain name.
14. 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 to
promptly update information provided to the registry operator, 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 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 the registry operator
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.
15. RIGHT OF REVOCATION
Registrant agrees that registrar may delete a Registrant's domain name if any
information required to be supplied by the Registrant under this Registration
Agreement, or subsequent modification(s) thereto, is false or misleading, or
conceals or omits any information that registrar would likely consider material
to its decision to approve this Registration Agreement. Registrant further
agrees that registrar may deny, cancel, suspend or revoke the registration of
Registrant's domain name, or, suspend the delegation of Registrant's Domain
Name, if it is reasonably determined by registrar in its sole discretion, that
Registrant or any other person uses or perceived to use the domain name in
connection with: a) Any activity that infringes the intellectual property rights
or other rights of third parties; b) Any activity that defames or disparages any
person; or c) Any illegal activity including but not limited to, pornography
and/or nudity of any kind, adult pornography, Anime, child pornography, "adult
content" and/or the written word of a sexual nature; or d) Any otherwise illegal
or fraudulent activity.
16. 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 five (5) 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 or terminate your
e-mail account without further notice. 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.
17. NO GUARANTEE
You agree that, by registration or reservation or transfer of your chosen domain
name, such registration or reservation or transfer does not confer immunity from
objection either to registration, reservation, transfer or use of the domain
name. The allotment of Order ID number and payment by you for your requested
Domain Name does not ensure that your requested Domain name is registered. Your
domain name is guaranteed as registered only when you receive a confirmation
mail from us, confirming registration of your domain name.
18. DISCLAIMER OF WARRANTIES
You agree and warrant that the information that you provide to us to register or
reserve your domain name or register for other Services is to the best of your
knowledge and belief, accurate and complete, and that any future changes to this
information will be provided immediately. 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 our e-mail service or that defects in the Services
software will be corrected. You understand and agree that any material and/or
data downloaded or otherwise obtained through the use of our e-mail 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 e-mail service or any transactions
entered into through the e-mail service. No advice or information, whether oral
or written, obtained by you from us or through the e-mail service shall create
any warranty not expressly made herein.
19. 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 within thirty (30)
calendar days from receipt of your payment for such services. In the event we do
not register or reserve your domain name or register you for other Services
within such thirty (30) calendar days 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 or reserve, or register you for other
Services.
20. (A) SPECIFIC TO .BIZ TLD's
(1) .Biz Registrations: 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 (i) the exchange of goods, services, information,
or property of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain name solely for the purposes of
(1) selling, trading or leasing the domain name for compensation, or
(2) the unsolicited offering to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide business or commercial use" of
that domain name.
(II) .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 (i) exclusively for personal use; or (ii) 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: www.neulevel.biz/ardp/docs/reg_restrictions.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.
(III) Provision of Registration Data: As part of the registration
process, you are required to provide the registry operator 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 name server and any secondary name server(s) for the domain name; (iv)
the corresponding names of those name servers; (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 Accreditation Agreement (the "ICANN
Agreement"), available at ICANN's site.
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 to promptly update information provided to the
registry operator, 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 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 the registry operator 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.
(IV) Domain Name Dispute Policy: If you reserved or registered a .biz
domain name through the 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 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 Start-up Trademark Opposition Policy ("STOP"), available at:
http://www.neulevel.com/countdown/stop.html ; and
The Restrictions Dispute Resolution Criteria and Rules, available at: www.neulevel.com/countdown/rdrp.html
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 the 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 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. Registry Operator will not 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 SUDRP or UDRP processes.
(VI) Reservation of Rights. Net4India 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 Net4India and/or NeuLevel, Inc., as well as their
affiliates, subsidiaries, officers, directors and employees. Net4India and
NeuLevel, Inc. also reserve the right to freeze a domain name during resolution
of a dispute.
20. (B) SPECIFIC TO .ASIA TLD
The terms and conditions, and any applicable Published Policies of .asia Domain
names by the DotAsia Organisation Limited(DotAsia), constitutes the entire
agreement between US and YOU for the registration of the .asia Domain Name and
supersedes all prior agreements, understandings and representations whether oral
or written. This domain name registration agreement ('Registration Agreement')
is submitted by you (‘The Registrant’) for registration with the Daphnisys IT
Consultant ('The registrar') for the purpose of registering a .asia domain name
with the registry (DotAsia Organisation Ltd).
I. Recital
a) Registrar: means and includes Net4 India Ltd
b) Registrant: means You the applicant
c) Registry/Registry Administrator: means and includes DotAsia Organisation Ltd
d) Charter Eligibility Declaration Contract: Is a Charter Eligibility
Declaration (CED) contract that is designated to make the declaration that it
meets the charter Eligibility for registering a .asia domain name. Such
declaration is made by warrant and representation of the registrant.
(Click here
to see Charter Eligibility Policies)
II. Registration
2.1 In addition to the above information which Registrant's must provide
generally, as part of the application process for the different Sunrise and
Landrush registration periods, Registrants must provide detailed information,
and in some cases supporting documentation, to prove their eligibility for .asia
domains during those particular phases. This information and documentation
required varies, depending on the Sunrise or Landrush registration phase applied
for, but includes those relevant to: a) Various details relating to the
Registrant's registration as an eligible entity; b) Various details relating to
the Registrant's registered trade or service marks; c) Demonstrable usage of the
registrant's registered trade or service mark (which may require documents
certified by a Notary Public or legal practitioner); and d) Various details
relating to the locality of the Registrant and the CED Contact. Any
documentation provided to the Registry Administrator must be provided in English
language (or Registrant will need to arrange for a certified translation into
English language).
2.2 The Registrant acknowledges and agrees that the registration data described
above will be made publicly available by the Registry Administrator on the WHOIS
directory.
2.3 If the Registrant is a natural person, the Registrant contact information
published is restricted to the email address, unless the Registrant requests
otherwise, and to the language selected for the dispute resolution rules and the
Registrant agrees that he/she has been informed that Registrant may use a
specific functional e-mail address for publication in the WHOIS directory as an
alternative to using their personal e-mail address.
2.4 Registrant agrees to the use, copying, distribution, publication,
modification and other processing of its personal data by the Registry
Administrator and its designees and agents in a manner consistent with the
purposes specified by DotAsia's Personal Data handling policies and with
relevant local data protection and privacy laws and requirements.
2.5 Registrant warrants that it will immediately correct and update the
registration information for its .asia domain during the term of this
Registration Agreement.
2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive,
non-transferable, limited license to Registrant's registration data as required
for the Registry Administrator's operation of the .asia registry.
III. Registrant Covenants
2.1 In addition to the above information which Registrant's must provide
generally, as part of the application process for the different Sunrise and
Landrush registration periods, Registrants must provide detailed information,
and in some cases supporting documentation, to prove their eligibility for .asia
domains during those particular phases. This information and documentation
required varies, depending on the Sunrise or Landrush registration phase applied
for, but includes those relevant to:
a) Various details relating to the Registrant's registration as an eligible
entity;
b) Various details relating to the Registrant's registered trade or service
marks;
c) Demonstrable usage of the registrant's registered trade or service mark
(which may require documents certified by a Notary Public or legal
practitioner); and
d) Various details relating to the locality of the Registrant and the CED
Contact. Any documentation provided to the Registry Administrator must be
provided in English language (or Registrant will need to arrange for a certified
translation into English language).
2.2 The Registrant acknowledges and agrees that the registration data described
above will be made publicly available by the Registry Administrator on the WHOIS
directory.
2.3 If the Registrant is a natural person, the Registrant contact information
published is restricted to the email address, unless the Registrant requests
otherwise, and to the language selected for the dispute resolution rules and the
Registrant agrees that he/she has been informed that Registrant may use a
specific functional e-mail address for publication in the WHOIS directory as an
alternative to using their personal e-mail address.
2.4 Registrant agrees to the use, copying, distribution, publication,
modification and other processing of its personal data by the Registry
Administrator and its designees and agents in a manner consistent with the
purposes specified by DotAsia's Personal Data handling policies and with
relevant local data protection and privacy laws and requirements.
2.5 Registrant warrants that it will immediately correct and update the
registration information for its .asia domain during the term of this
Registration Agreement.
2.6 Registrant grants Registrar and the Registry Administrator a non-exclusive,
non-transferable, limited license to Registrant's registration data as required
for the Registry Administrator's operation of the .asia registry.
IV. Acknowledgements, Agreements and Warranty
4.1 Registrant acknowledges and agrees with the following:
(a) That it is Registrant's responsibility to ensure that the domain name is
renewed. Registrant agrees, in addition to the indemnity above, to keep
indemnified, release and hold harmless registrar and the Registry Administrator,
their directors, officers, employees and agents, against any claim for damage or
loss arising from any failure of Registrant's domain name to be renewed by
Registrar.
(b) That the .asia domain names will initially be received and registered by the
Registry Administrator during various different application phases, full details
of which are located on the DotAsia website located at www.dotasia.org/
(c) That registrar does not guarantee that any .asia domain name applied for by
registrar on behalf of the Registrant will be successfully registered by the
Registry Administrator. The Registrant acknowledges that it will not take any
action in respect of its .asia domain name until the successful registration of
that .asia domain name is confirmed in writing to the Registrant.
(d) That registrar will submit Registrant's application for a .asia domain in
the phase that the Registrant selects on its application form.
(e) That there are certain pre-requisites to applying for a .asia domain
(including, but not limited to, certain requirements for entity and trade mark
names, types and registration dates, and the requirements for an eligible CED
Contact) which are set out in the policies documents on the DotAsia website
located at www.dotasia.org
(f) That there are strict timeframes for registration during the different
Sunrise and Landrush phases and also strict timeframes for the submission of any
necessary or requested supporting documentation (both at time of application and
during the pre-registration verification period), and that it is Registrant's
responsibility to ensure it is aware of and complies with these strict timeframe
requirements.
(g) That it is the responsibility of the registrant to ensure that all the
supporting documents pertaining to CED Contract shall reach the registrant along
with photocopy of the Order Code receipt within 7days of generation of Order
Code. Failing which Registrar will be bound to reject the applicant’s
registration.
(h) That during the Sunrise and Landrush phases, certain application fees are
payable, which are non-refundable.
(i) That there is only very limited scope and opportunity to amend material
provided in an application for a .asia domain or request reconsideration of a
rejected/failed application for .asia domain registration, details of which are
set out in the policies documents on the DotAsia website located at http://www.dotasia.org/
(j) That registrar is only responsible for submitting the initial domain
application to the Registry Administrator and that you (as the
applicant/Registrant) are responsible for all other correspondence with the
Registry Administrator, including the submission of supporting documents to the
Registry Administrator and making any application to the Registry Administrator
for reconsideration of a failed application, unless registrar (or one of its
related entities) has specifically agreed in writing to provide .asia domain
registration services as part of broader corporate domain management services to
you.
(k) That due to the fact that verification and registration of applications for
domains in a previous phase of Sunrise may not have been finalised at
commencement of subsequent phases, it is not possible to know which domains are
actually still available at time of application for domain names and registrar
is not responsible for ascertaining the availability of a domain.
(l) That at the time of application for a .asia domain, the applicant/Registrant
must specify an Operations & Notifications (OPN) Contact to be the Registrant's
contact person who the Registry Administrator will send communications regarding
documentary evidence requests, auction invitations and reminders etc. regarding
the domain application.
(m) That there will be no WHOIS service available for .asia domain names during
the Sunrise period.
4.2 Registrant represents and warrants that:
(a) it will comply with all applicable standards, procedures, practices, laws,
terms and conditions, regulations, rules and policies (including any
registration prerequisites) of the Registry Administrator as updated from time
to time on the DotAsia website located at www.asia.org ('Requirements') in respect of its .asia domain names;
(b) Neither the registration or renewal of a domain name, nor the manner in
which it is directly or indirectly used, infringes the legal rights of a third
party. Breach of this warranty will constitute a material breach;
(c) It meets and will continue to meet for the term of this Agreement the
Charter Eligibility Requirements as set out in the Registry Policies of the
Registry Administrator as updated from time to time on the DotAsia website
located at http://policies.registry.asia/ Registrant
warrants that it will comply with all requirements placed upon it by the Charter
Eligibility Requirement and to provide appropriate evidence of such compliance
as and when required by Registrar or the Registry Administrator;
(d) It complies with and will continue to comply with for the term of this
Agreement the requirements, standards, policies, procedures and practices of the
ICANN as updated from time to time on the ICANN website located at www.icann.org/general/consensus-policies.htm in
respect of its asia domain names.
(e) It is of legal age and capacity to enter into this Agreement; and
(f) It will comply with all representations and warranties referred to in the
Requirements.
4.3 Notwithstanding anything in this Registration Agreement to the contrary, the
Registry Administrator (DotAsia) is and shall be an intended third party
beneficiary of this Registration Agreement. As such, the parties to this
Registration Agreement acknowledge and agree that the third party beneficiary
rights of DotAsia have vested and that DotAsia has relied on its third party
beneficiary rights under this Registration Agreement in agreeing to Daphnisys IT
Consultant being a registrar of the .asia TLD. Additionally, the third party
beneficiary rights of DotAsia shall survive any termination or expiration of
this Registration Agreement.
4.4 Registrant agrees to nominate one natural person or legal entity (the
'Charter Eligibility Declaration Contact' or 'CED Contact') as a contact
designated to make a declaration that the Registrant meets the Charter
Eligibility Requirement for registering the .asia domain name requested (i.e. is
a legal entity within the DotAsia Community). Registrant acknowledges that
Daphnisys IT Consultant will become the Charter Eligibility Declaration (CED)
Contact (the “CED Contact”) for the Registrant for the limited purpose mentioned
in .asia CED Contact Service Terms and Conditions. Registrant acknowledges that
there are risks associated with engaging a third party to be its CED Contact, in
the same way there are risks associated with providing a third party with any
4.5 The Registrant accepts, represents and warrants that it has made known to
the CED contact, and the CED Contact has agreed, that that the Registrant and
the CED Contact will be jointly defined as the 'Registered Name Holder' and will
be jointly responsible for the Registrant's .asia domain name in relation to
domain disputes and other related disputes. The CED Contact is specifically
expected to respond and acknowledge dispute proceedings and refer the dispute to
the Registrant. The Registrant acknowledges that, regardless of the nomination
of a CED Contact and any arrangements or understanding with that CED Contact,
the Registrant shall nevertheless remain the operating contact for all
operations and liabilities regarding the use of the domain, including but not
limited to domain transfer and updates, or in other words be solely regarded as
the Registered Domain Holder for general purposes.
4.6 The Registrant acknowledges, and warrants that it has made known to the CED
contact, and the CED Contact has agreed, that information submitted for the CED
Contact will be publicly accessible on WHOIS databases (with the exception of
identification numbers [i.e. for passports] etc).
V. Dispute Policy
a) Registrant agrees to submit to proceedings commenced under ICANN's
Uniform Domain Name Dispute Resolution Policy ('UDRP') and ICANN's Charter
Eligibility Dispute Resolution Policy ('CEDRP').
b) Registrant agrees that its .asia domain name registration is subject to the
terms of the Registry Administrator's current domain name dispute resolution
rules and policies as updated from time to time on the DotAsia website located
at http://www.dotasia.org/ .
Registrant acknowledges that it has read and understood and agrees to be bound
by the terms and conditions of the dispute resolution rules of the Registry
Administrator (as amended from time to time).
c) Registrant agrees that Registry Administrator may modify its .asia domain
name dispute resolution rules as described in paragraph (a) by posting any
revisions to the policy on the DotAsia website located athttp://www.dotasia.org/. Registrant agrees that by maintaining
the reservation or registration of its .asia domain name after modifications to
the dispute resolution rules become effective, it has agreed to the
modifications.
d) Registrant agrees that if use of its .asia domain name registration is
challenged by a third party, it will be subject to the provisions of the .asia
domain name dispute resolution rules as described in paragraph (a) (as updated
from time to time), including any .asia registry policies incorporated by
reference (if any). Registrant agrees that if the Registry Administrator is
notified that a complaint has been filed with a judicial or administrative body
regarding Registrant's use of a .asia domain name registration, Registrant
agrees not to make any changes to its domain name record without the approval of
the Registry Administrator. Registry Administrator may not allow Registrant to
make changes to such domain name record until:
i. Directed to do so by the judicial or administrative body, or
ii. It receives notification by Registrant and the other party contesting the
registration that the dispute has been settled.
e) Registrant agrees that if it is subject to litigation regarding registration
and use of its .asia domain name registration, Registry Administrator may
deposit control of the domain name record into the registry of the judicial body
by supplying a party with a certificate handing control of the domain name to
the relevant judicial body from the Registry Administrator.
VI. Auctions
Registrant acknowledges that:
(a) Where there are two or more eligible (verified) applicants for the same
.asia domain name during the Sunrise Phase 2, Sunrise Phase 3 and Landrush
registration phases, all eligible applicants will be invited to bid for the
Domain Name Applied For in an online auction, with the domain name will be
awarded to the highest bidder. The applicant agrees to be bound by Pools terms and conditions as fully set out at http://www.dotasia.pool.com/terms.aspx
(b) Details of the auction process and requirements are set out in the .ASIA
Sunrise Policies document on the DotAsia website located at http://www.dotasia.org/. Registrant warrants that it has read,
understands and agrees to all auction processes, rules and requirements for the
.asia auctions.
(c) Registrant will be solely responsible for all matters relating to any
auction process it is invited to or participates in, and that registrar will not
be liable and will not take part in any way (other than as required by its role
as Registrar) in any such auction process, unless registrar (or one of its
related entities) and Registrant have specifically agreed in writing that
registrar (or one of its related entities) will provide .asia Sunrise auction
services to Registrant as part of broader corporate domain management services
provided to Registrant.
VII. Right of Refusal
Registrant acknowledges that the Registry Administrator policy may provide that
registration of certain domain names is prohibited. Registrar, in its sole
discretion, reserves the right to refuse to approve the Registration Agreement
for any Registrant. Registrant agrees that the submission of this Registration
Agreement does not obligate registrar to accept this Registration Agreement.
Registrant agrees that registrar is not liable for loss or damage that may
result from registrar's refusal to accept this Registration Agreement.
VIII. Change in Registrar
Registrant agrees that it can change its registrar for an existing domain
name only in accordance with Registry Administrator policy. Registrant agrees it
may not change its registrar for a period of sixty (60) days after initial
registration of the domain name with Daphnisys IT Consultant.
IX. Suspension, Cancellation, Transfer
Registrant agrees that registration of its domain name shall be subject to
denial, suspension, cancellation, hold or transfer by any Registry Administrator
procedure:
a) For the resolution of disputes concerning the domain name; or
b) In case of arbitration or court proceedings being commenced with respect to
the rights to the domain name; or
c) To correct mistakes by registrar or the Registry Administrator or the
Registry Services Provider in registering the domain name
X. Reservation by Registry Administrator
Registrant agrees that Registrar and Registry Administrator reserves the
right to deny, cancel, hold or transfer any .asia domain name registration which
either party deems necessary in its discretion: i. To protect the integrity and
stability of the Registry;
ii. To comply with any applicable laws, government rules or requirements,
request of law enforcement, or in compliance with any dispute resolution
process;
iii. To avoid any liability, civil or criminal, on the part of Registrar or
Registry Administrator, their directors, officers, employees and agents;
iv. Where there is a breach of this Agreement;
v. to correct mistakes made by Registrar or the Registry Administrator in
connection with a .asia domain name registration. Registrar and Registry
Administrator also reserve the right to freeze a domain name during resolution
of a dispute.
20. (C) SPECIFIC TO .ME ccTLD's
You represent and warrant that you meet the eligibility requirements of .me
ccTLD. You further agree to be bound by any registry rules, policies and
agreements for .me ccTLD. available at www.domain.me/index.php?page=6 and the rules
available and incorporated therein.
By registering the .me ccTLD with us you further agree to be bound by any
registry rules, policies and agreements for .me ccTLD which are incorporated and
made part of this agreement herein.
20. (D) SPECIFIC TO .TEL gTLD's
You represent and warrant that you meet the eligibility requirements of .tel
gTLD. By applying to register a .tel domain name through Net4, you
unconditionally accept and agree to be bound by all policies and terms and
conditions for .tel Domain Names which includes the following documents, as
issued and amended by the Registry from time to time: Sunrise Policy dated June
2008 , Sunrise Guide dated June 2008 , the Acceptable Use Policy dated June 2008
and the Acceptable Use Policy dated June 2008 , and any other related
interpretive guidelines, which are available on the Registry website at www.telnic.com.
By registering the .tel gTLD with us, you further agree to be bound by any
pertinent rules or policies related to .tel gTLD that are featured on our
website www.net4.in or which may be
amended/updated/published/ and or mailed by us to you from time to time; and
have been also incorporated herein and have been made part of this agreement.
By registering the .tel gTLD with us, you further agree to be bound by any
pertinent rules or policies related to .tel gTLD that are featured on our
website www.net4.in or which may be
amended/updated/published/ and or mailed by us to you from time to time; and
have been also incorporated herein and have been made part of this agreement.
20. (E) SPECIFIC TO DOMAIN ENDING IN .UK
By registering a domain name ending in .uk (with some very limited exceptions)
through Net4 India Limited, you enter into a contract of registration with
Nominet UK (hereinafter referred to registry) as on the following conditions,
which includes conditions limiting our liability and relating to our use of your
personal information. This contract is just for the domain name ending of .uk.
For an explanation of the meaning of the endings of .uk names, see the rules on
registry website at www.nominet.org.uk
This contract includes the DRS policy, the DRS procedure and the rules mentioned
on registry website atwww.nominet.org.uk. Other policies we refer to do not form part of this contract and
may change at any time.
Definitions
1.
The following words marked in bold will have
specific meanings in this contract.
‘Agent'– means registrar i.e, Someone who may act on customer’s behalf to
deal with registry, which will be shown in the WHOIS as registrar.
‘Cancel’ – Cancelling this contract and your domain name are the
same thing. The contract ends. The domain name will be deleted, will no
longer work as part of a website or e-mail, and will be released to be
registered again under our rules.
‘Consumer' – You are a consumer if you are an individual not
registering, using or planning to use the domain name as part of a
business, trade or profession.
‘Correct’ – This means that the information must be good enough to allow
us to contact you quickly at any reasonable time without having to get
information from anywhere else, must not be deceptive, and (if possible
for that type of information) must clearly identify you. For your name this also
means that the information must be detailed enough that we can tell exactly who
you are (in legal terms, exactly which legal entity we have this contract with).
‘Domain name’ – An internet domain name ending in .uk and under
one of the second level domains (such as .co.uk, .me.uk or .org.uk)
operated by us.
‘DRS policy’, ‘DRS procedure’ – The policy and procedure of
domains names ending in .uk and domain dispute resolution service.
‘EEA’ – The European Economic Area, which includes most European
countries. Countries outside the EEA may not have strict laws to protect
personal information.
‘Name Servers’ – Computers that provide specific translation information
in the domain name system.
‘Notify’ – Serving notice to you, your agent, authorised
representative, contact (see condition 5.5) or (see condition 36).
‘Personal Data’ – Any information about an identifiable living person
(for example, your name, address or phone number).
‘PRSS’ – A service provided under strict contract to some people based in
the EEA which allows them to search WHOIS data differently,
but not to use it for marketing purposes.
‘Register’ – Registry record of domain names and details about you, your agent (if
you have one) and other information we need.
‘Registry’ – The single organisation which holds all records for domain
names with the same ending (we run ‘.uk’) and operates the name
servers for that domain.
‘Rules’ – Registry rules which explain which domain names can be
registered and which cannot.
‘Special Status’ – Various special states your domain name may be
in, such as suspended or ‘detagged’. See registry website www.nominet.org.uk for details. This will
normally mean that you will remain listed as the person who has registered the domain
name but the domain name itself will not work, and may mean that
other actions with the domain name are blocked.
‘WHOIS’ – A system which provides public information about domain
names. See our website for details and how to use the WHOIS
2.
Also in this contract, the following words have
special meanings but will not be put in bold.
‘conditions’ – includes all parts of the contract, not just those that lawyers
call conditions.
‘we’, ‘us’, ‘our’ – Nominet UK (company number 3203859). See condition 35.
‘you’, ‘your’ - The person who is entering into this contract with us and who
the domain name will be registered for.
What we will do
3.
We are the registry for the .uk domain
and we will carry out the general duties that we believe (after wide
consultation) a modern, neutral and not-for-profit .uk registry should.
This includes (among other things):
3.1 processing your application to register or renew a domain name in
the light of our rules, and your right (see condition 20) to renew;
3.2 maintaining overall ownership, control and responsibility for the register;
3.3 if we are listed as your agent or if it would be inappropriate for
you to ask your agent to act (see condition 5) making changes to the register at
your request or providing information about the .uk domain name system;
3.4 if the domain name is not in a special status, entering
details about the domain name into our name servers; and
3.5 publishing procedures for you to renew the domain name and for
recording a transfer, surrender or change of agent for the domain name.
What you must do
4.
You have various responsibilities set out
generally in this contract. You must also:
4.1 give and keep us notified of your correct name, postal
address and any phone, fax or e-mail information and those of your contacts (if
you appoint any, see condition 5.2). This duty includes responding quickly
and correctly to any request from us to confirm or correct the information on
the register;
4.2 notify us at once about any court proceedings which involve the domain
name; and
4.3 notify us of the details of name servers for the domain
name which you are allowed to use and which respond promptly and correctly
about the domain name at all reasonable times.
Agents, representatives and security
5.
For the security of your domain name we
have the following procedures to try to make sure that our instructions come
from you or someone allowed to act on your behalf.
5.1 We do not have to take any action, or make any change to the register,
until we are satisfied that we have received a valid request from the right
person.
5.2 You will help us with our security checks, provide any identification or
documentary evidence we reasonably ask for, and allow us to keep copies of those
documents for our files.
5.3 If you have an identifier (for example, a password, a token, personal
information or a code) to use with us or our systems, you must keep it secret
and safe because we will be allowed to assume that any action done or asked for
using that identifier or a product of it was done or asked for by you or by
someone authorised to act for you. We will be entitled to enforce procedures for
dealing with lost, cancelled or insecure identifiers.
5.4 Your agent acts on your behalf in registering and maintaining the
registration of the domain name so that, unless the matter relates to
something covered by condition 5.6 below, any communication to or from your agent is
taken as being to or from you. You should always contact your agent first
with any request or question about your domain name or changes to it, as
we will only act if we are satisfied that your agent cannot or will not.
Be aware that your agent may be entitled to discounts on our fees
so it may be cheaper for you to go through them.
5.5 We may also specify other types of authorised representative or contact
whose instructions we will accept in certain cases, what types of instructions
they can give us, and whether they can take your place if we need to notify you.
If you notify us that you want someone to represent you, you are giving
them power to act and us power to act on their instructions and (if this
applies) notify them instead of or as well as you.
5.6 We will publish on our website from time to time certain activities which
your agent is not allowed to do on your behalf or where we want to deal
with you directly (or both).
Fees and payment
6.
We are a not-for-profit organisation so our fees
(see our website) reflect the cost of the work we do. To make sure that every
person who registers a domain name pays their fair share of the costs of running
the central registry, we:
6.1 may make a charge for any of the services we provide under this
contract, as long as (where only we can provide the service) we believe the fee
is set at a not-for-profit cost-recovery level only;
6.2 do not have to start any process, including any change to the register,
until we (not just your agent) have received (within any time limit) any
fee for that action and any other fees that have not been paid for the domain
name or things done with it – it is your duty to make sure that we are paid
and that there is enough information with the payment to make sure that we know
which domain name it relates to;
6.3 may cancel the domain name without further notice if any debt
relating to the domain name remains unpaid after the deadline we have
set; and
6.4 unless condition 24 or 34 applies, or we have made a significant mistake,
will not provide credit notes or refunds.
Your promises and indemnity
7.
By entering into this contract you promise that:
7.1 you (or your agent) have the permission of any person whose personal
data is to be held on the register in line with condition 11;
7.2 any identity and contact information you (either yourself or through your agent)
send us must be correct;
7.3 you will send us the information needed under condition 7.2 as soon as
possible, through your agent if possible, and you will keep them up to
date;
7.4 by registering or using the domain name in any way, you will not
infringe the intellectual property rights (for example, trademarks) of anyone
else;
7.5 you are entitled to register the domain name; and
7.6 you have not registered the domain name in a way that fails to
meet with any legal duty you have.
8.
Unless you are a consumer, you will pay us
(including the current or past members of our Board of Directors) any and all
reasonable costs, claims and expenses (whether direct or indirect) arising out
of any claim that you have broken any of the promises in condition 7.
9.
Our right to rely on the promises in condition 7
and indemnity in condition 8 will continue to be available after the domain
name has been registered and will not be affected by the cancellation or
transfer of the domain name.
Nature of domain names and the register
10.
10 A domain name is not an item of property
and has no ‘owner’. It is an entry on our register database reflected by our
nameservers which we provide as part of this contract. As a result:
10.1 we will not be bound by, or record on the register, any
mortgage-related obligations;
10.2 we own and keep all copyright and database rights in the register;
and
10.3 you should not rely on the registration or continued registration of the domain
name until we confirm that any application you make has completed and
you confirm that your correct name is recorded in the register for
the domain name.
Personal data
11.
We will make your personal data available
in the following ways, but not release it for any other purpose to any other
person. We may:
11.1 include it on the register;
11.2 include it on the WHOIS (which is also available outside the EEA)
and PRSS. For these purposes we will publish your name and (unless you
are a consumer and choose to opt out) your address, but not your phone or
fax number or e-mail address;
11.3 if they ask in writing, give your personal data to people with a
legitimate reason for asking for it (based on the exemptions in the Data
Protection Act 1998 or similar laws that replace or follow it), including
government or law enforcement agencies;
11.4 give your personal data to your current or proposed agent (or
both); and
11.5 use it as set out in the DRS policy and DRS procedure.
12.
You may write to us to ask for a copy of the personal
data we hold about you, or you can look at the WHOIS, or you can ask
your agent. Please note that if, at any point, we discover that you
are not a consumer, we may automatically cancel your opt-out (see
condition 11.2) without notifying you.
13.
13 By registering a domain name you agree to us
using your personal data as explained in conditions 11 and 12.
The dispute resolution service
14.
You agree to be bound by:
14.1 the DRS policy and DRS procedure;
and
14.2 if there is a dispute, the version of the DRS policy and DRS
procedure (available on our website) which applies at the time that
proceedings under the dispute resolution service start, until the dispute is
over.
15.
We (including in this case our directors,
officers, staff of all types and any expert) will not:
15.1 be liable to you or anyone else for anything done or not done in
connection with any proceedings under the dispute resolution service, unless the
act or lack of action is shown to have been in bad faith; and
15.2 be asked or forced to reveal information or materials which we gained as a
result of the informal mediation stage of the dispute resolution service, unless
ordered by a court with relevant jurisdiction.
Cancelling or altering the domain name
16.
We may cancel or put the domain name into
a special status by notifying you if:
16.1 we receive independent proof that you have provided significantly
inaccurate, not correct, unreliable or false contact details (including
names), failed to keep your contact details up to date, or failed to give us
those details at all;
16.2 you have broken any part of condition 7 or 8;
16.3 the domain name is being used in a way that is likely to endanger
any part of the domain name system or our systems and internet
connections; or
16.4 you have broken any of the conditions (including the rules, DRS
policy and DRS procedure) and (in the case of a matter which it is
possible to put right and which is not covered by condition 6.3, 16.1 to 16.3 or
17) you do not put it right within 30 days of us notifying you.
17.
We may (but do not have to) transfer, cancel,
alter or amend the domain name, put it in a special status or
prevent its renewal:
17.1 on your instructions (including the absence of instructions to renew -
see condition 20), or by someone apparently acting for you (see condition 5);
17.2 if we reasonably believe that the contact details on the register for
you are so inaccurate or false that we would not be able to notify you of
the change;
17.3 if we reasonably believe that the changes to update the register or
to correct any error, ambiguity or inaccuracy relating to the domain name registration
(including any error in making the domain name available for registration
or an error in a previous cancellation of the domain name) would make it
more accurate;
17.4 if you withdraw your permission to having your personal data displayed
on the WHOIS or PRSS (not including cases where a consumer is
using the opt-out);
17.5 to carry out the decision an expert has made under our dispute
resolution service; or
17.6 if we receive a complete and valid court order which we or you (or
both) must obey, or if not making the changes the court orders would be a
contempt of court by us or you.
18.
If you are an individual, this contract will end
if you die and the person legally appointed to deal with your assets after you
die does not transfer the domain name (either to themselves or someone
else) within a year of your death (or the end of their appointment, whichever
comes first).
19.
If you are not an individual, this contract will
end if you complete a liquidation or disbandment process or otherwise no longer
exist, even if (where possible) you are later restored by an official or court
order or decision.
Duration, renewal and transfer
20.
Unless ended earlier under this contract,
we will enter your domain name on the register for two years. If
we receive your renewal request and fee in the standard format by the deadline
we set, and in line with the conditions of this contract generally, you will
have the right to enter into a new contract with us on the same standard
conditions that we are then offering to people registering new domain names. The
specific procedure which applies to renewals is set out on our website, or you
can ask your agent.
21.
We may transfer our rights and responsibilities
under this contract to anyone else.
22.
If you want to transfer your domain name to
someone else, you must, as well as any general requirements in this contract:
22.1 use our current published transfer process; and
22.2 make sure that the person taking over the domain name accepts what
remains of this contract in full.
23.
If you do not transfer your domain name (as
needed by condition 22) there will be no valid transfer of this contract and domain
name, and no document or agreement attempting or claiming to transfer the domain
name or this contract (or both) will have any effect.
24.
If you are a consumer, you may have a
right to cancel this contract under the Consumer Protection (Distance Selling)
Regulations 2000 or similar laws amending or replacing it. The right must be
claimed within seven working days of the start of the services (which include
security-check work). If this happens, we will cancel this domain name and
provide you or your agent (depending on who paid us) a full refund within
30 days. If we pay your agent, you may still have to get a refund from
them.
Exclusions and limitations of liability
25.
Please note the explanation about liability at
the beginning of this contract. However, nothing in these terms limits or
excludes our liability for fraudulent misrepresentation or death or personal
injury caused by our negligence.
26.
By registering the domain name, we are not
acknowledging that you have any rights in any words within the domain name,
and we are not authorising you to use the domain name as part of a
business.
27.
We will not be liable to you whether under
contract law, the legal rules about duties to other people (known as the law of
‘tort’) including negligence or otherwise, for:
27.1 any loss of profit, revenue or other type of economic loss (whether
direct or indirect);
27.2 loss of business or contracts;
27.3 loss of expected savings or goodwill; or
27.4 any losses which a court categorises as ‘consequential’, or ‘indirect’
arising out of or in connection with the contract, including but not limited to:
27.4.1 any mistake or missing information in the register; and
27.4.2 loss of registration or use, or both (for whatever reason and whether
temporary or otherwise), of the domain name.
28.
The law normally implies terms into contracts,
but you and we agree that, as far as the law allows, they do not apply to this
contract.
29.
Our total liability to you, whether under these
conditions or otherwise (including liability for negligence), will be no more
than £5,000.
30.
If you are a consumer, conditions 27, 28
and 29 do not apply to you. Your statutory rights are not affected - for
information contact your local authority Trading Standards . Department or
your citizens advice bureau.
31.
Conditions 11.1, 18, 19 and 25 to 39 will
continue to apply after this contract has ended, even if that happens because we
or you end this contract wrongfully.
General
32.
If a court rules that any of these conditions is
not valid or cannot be enforced, the other conditions will continue to be valid
and enforceable.
33.
This contract does not give you any legal rights
against other people who have registered .uk domain names or give other
people rights against us for any reason.
34.
The internet is constantly changing and
developing. As a result of this, we reserve the right to make reasonable changes
to the terms of this contract (including the DRS policy,DRS procedure and rules)
at any time during the term of the contract. We will only do so when we have
good reason. Unless we are acting because of a legal requirement or a court
order, the change will only be made after we have consulted publicly. We will
publish a notice in advance (ideally, 30 days in advance) on our website and
provide a link from the main page. The changes will apply from the date shown in
the notice. You should visit our website regularly to find out about any
changes. If you do not agree with any change to the conditions, you may notify us
that you want to end the contract in at least 30 days’ time. In this case, we
will give you a proportionate refund of the registration for the remaining
period.
35.
Our address is Nominet UK, Minerva House, Oxford
Science Park, Edmund Halley Road, Oxford, OX4 4DQ, England (phone +44(0)1865
332211, fax +44(0)1865 332299, e-mail: [email protected]). Our offices are
open from 9am to 5.30pm (UK local time) Monday to Friday, except for public
holidays.
36.
Except as set out in condition 5.4, or in the DRS
policy and DRS procedure, any notice to be given under the contract
will:
36.1 be considered to have been served if hand-delivered, or sent by
prepaid post, fax or e-mail, to you, your agent or representative (see
condition 5.5) at any postal or e-mail address or fax number on the appropriate register entry
(if to us, at any of the addresses above); and
36.2 apply from the date it was delivered, or if not delivered the date it
was sent or posted.
37.
This contract is a legally binding document. You
should read it carefully and make sure that it contains everything you want and
nothing you are not prepared to agree to. These conditions, together with the rules, DRS policy and DRS procedure,
are the entire contract between you and us for the domain name,
and replace all previous contracts, understandings and representations about
this domain name, whether spoken or written.
38.
We deal with a large number of domain names and
we rely on you or other people to tell us about any changes to your personal
information or status. This means that sometimes we continue to list a domain
name or accept instructions even after this contract has ended, or should
have been ended. Nothing we do, or do not do, during that period stops the
contract from ending, stops us from ending it, or acts to create a new
contract.
39.
39 This contract is made under the law of
England and any court proceedings must be in the English courts. If you are a consumer in
Scotland, Wales or Northern Ireland, we will accept your local law and courts.
Enforcement of a court order may be done in any law or court system that is
relevant.
20. (F) SPECIFIC TO DOMAIN ENDING IN .XXX
By registering the domain name ending in .xxx through Net 4 India Limited
(“Registrar”), you enter into a contract of registration with ICM Registry, LLC
(hereinafter referred to registry) as on the following conditions, which include
conditions limiting our liability and relating to our use of your personal
information. In the event of any conflict between this Agreement and any of the
terms of your agreement with Registrar (the “Registrar-Registrant Agreement”),
this Agreement shall prevail.
I. GENERAL TERMS AND CONDITIONS
1.
The Registry supports the protection of
intellectual property. By applying to register or reserve a name in the .XXX
TLD, you agree that:
a. your use of the name will not infringe upon the intellectual property rights
or other rights of any third party;
b. the Registry cannot and does not check to see whether the name (or any use
you may make of the name) infringes upon the intellectual property rights or
other rights of others nor can it or does it check to see whether another name
in the .XXX TLD (or the use of another domain name by another Applicant or a
third party in any context) infringes your intellectual property rights or other
rights;
c. the Registry makes no guarantee to you against the possibility of an
objection to, or challenge of, your Registration or use of the name or
corresponding website by third parties; the selection and/or registration of a
similar name in the .XXX TLD by another Applicant or Registrant in a manner that
might compete with or cause confusion with respect to your Registration and/or
use of the name or corresponding website;
d. it is your responsibility to investigate your intellectual property rights or
other rights and the intellectual property rights or other rights of others with
respect to the name in the .XXX TLD and the corresponding website; and e. you
are exclusively liable for any claims of infringement arising out of or relating
to your Registration or use of the name and/or the creation, launch or operation
of the corresponding website.
2.
You acknowledge and agree to abide by all
Registry Policies set forth on the Registry Website www.icmregistry.xxx. You
specifically acknowledge and agree that the Registry Policies may be modified by
the Registry, and agree to comply with any such changes in the time period
specified for compliance.
3.
You agree to comply with applicable ICANN
Requirements as set forth on the Registry Website.
4.
You represent and warrant that you have provided
current, complete, and accurate information in connection with your Registration
Request or Reservation Request, and that you will correct and update this
information to ensure that it remains current, complete, and accurate throughout
the term of any resulting Registration or Reservation. Your obligation to
provide current, accurate, and complete information is a material element of
this Agreement, and the Registry reserves the right to immediately deny, cancel,
terminate, suspend, lock, or transfer any Registration or Reservation if it
determines, in its sole discretion, that the information is materially
inaccurate.
5.
You consent to the collection, use, processing,
and/or disclosure of your personal information in the United States and in
accordance with the Registry Privacy Policy posted on the Registry Website, and
incorporated by reference here. If you are visiting the Registry Website from a
country other than the country in which the Registry servers are located, your
communications with the Registry may result in the transfer of information
(including your membership account information) across international boundaries;
you consent to such transfer.
6.
You agree to submit to proceedings commenced
under ICANN’s Uniform Domain Name Dispute Resolution Policy (“UDRP”), ICM’s
Charter Eligibility Dispute Resolution Policy (“CEDRP”), and ICM’s Rapid
Evaluation Service (“RES”), each as described on the Registry Website. You
further agree to abide by the final outcome of any of those processes, subject
to any appeal rights provided in those processes or the law, and you hereby
release the Registry, its affiliates and service providers and/or IFFOR from any
and all direct or indirect liability associated with such dispute resolution
processes.
7.
You acknowledge and agree that the Registry
reserves the right to disqualify you or your agents from making or maintaining
any Registrations or Reservations in the .XXX TLD if you are found to have
repeatedly engaged in abusive registrations, in its sole discretion.
8.
You acknowledge and agree that the Registry
reserves the right to immediately deny, cancel, terminate, suspend, lock, or
transfer any Reservation Request or Registration Request and any resulting
Reservations or Registrations that it deems necessary, in its discretion, in
furtherance of the following:
a. to enforce Registry Policies and ICANN Requirements, as amended from time to
time;
b. to protect the integrity and stability of the Registry, its operations, and
the .XXX TLD;
c. to comply with any applicable law, regulation, holding, order, or decision
issued by a court, administrative authority, or dispute resolution service
provider with jurisdiction over the Registry or you;
d. to establish, assert, or defend the legal rights of the Registry or a third
party, or to avoid any liability, civil or criminal, on the part of the Registry
as well as its affiliates, subsidiaries, owners, officers, directors,
representatives, employees, contractors, and stockholders;
e. to correct mistakes made by the Registry or any Registrar in connection with
a Registration or Reservation; or
f. as otherwise provided herein
9.
You agree to indemnify to the maximum extent
permitted by law, defend and hold harmless the Registry, its affiliates and
service providers, and the International Foundation for Online Responsibility
(“IFFOR”), and each of their respective directors, owners, officers, employees,
contractors, 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 or Reservation of, and/or your
Registration Request or Registration Request for, any name in the .XXX TLD. You
agree that the indemnifications stated herein survive termination of the
Registrar-Registrant Agreement and this Agreement.
10.
This Agreement, its interpretation, and all
disputes between the parties arising in any manner hereunder, shall be governed
by and construed in accordance with the internal laws of the State of Florida,
without giving effect to any choice or conflict of law provision or rule
(whether of the State of Florida or any other jurisdiction). You agree and
submit to the exercise of personal jurisdiction of courts in the State of
Florida for the purpose of litigating any such claim or action.
11.
BY AGREEING TO THIS AGREEMENT, YOU ARE: (1)
WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS
AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR BASED ON THE LAWS OF OTHER
JURISDICTIONS, INCLUDING YOUR OWN; (2) IRREVOCABLY CONSENTING TO THE EXCLUSIVE
JURISDICTION OF, AND VENUE IN, STATE OR FEDERAL COURTS IN THE STATE OF FLORIDA
OVER ANY DISPUTES OR CLAIMS YOU HAVE WITH THE REGISTRY, ITS AFFILIATES AND
SERVICE PROVIDERS, AND/OR IFFOR; AND (3) SUBMITTING YOURSELF TO THE PERSONAL
JURISDICTION OF COURTS LOCATED IN THE STATE OF FLORIDA FOR THE PURPOSE OF
RESOLVING ANY SUCH DISPUTES OR CLAIMS. YOU FURTHER AGREE THAT ANY CAUSE OF
ACTION ARISING OUT OF OR RELATED TO OUR SERVICES MUST COMMENCE WITHIN ONE (1)
YEAR AFTER THE CAUSE OF ACTION ACCRUES. OTHERWISE, SUCH CAUSE OF ACTION IS
PERMANENTLY BARRED.
12.
You acknowledge and agree that the Registry is
and shall be an intended third party beneficiary of the obligations you
undertake in this Agreement. You acknowledge and agree that the Registry’s third
party beneficiary rights have vested, and shall survive any termination or
expiration of your Registration or Reservation.
13.
You acknowledge and agree that names in the .XXX
TLD are provided “as is”, “with all faults” and “as available.” The Registry,
its affiliates and service providers, and IFFOR make no express warranties or
guarantees about such names.
14.
14. TO THE GREATEST EXTENT PERMITTED BY LAW, THE
REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS, AND IFFOR DISCLAIM IMPLIED
WARRANTIES THAT THE .XXX TLD AND ALL SOFTWARE, CONTENT AND SERVICES DISTRIBUTED
THROUGH THE REGISTRY, ITS AFFILIATES AND SERVICE PROVIDERS AND/OR IFFOR ARE
MERCHANTABLE, OF SATISFACTORY QUALITY, ACCURATE, TIMELY, FIT FOR A PARTICULAR
PURPOSE OR NEED, OR NON-INFRINGING. THE REGISTRY, ITS AFFILIATES AND SERVICE
PROVIDERS AND/OR IFFOR DO NOT GUARANTEE THAT ANY NAME IN THE .XXX TLD, IFFOR
SERVICES, OR REGISTRY OPERATIONS WILL MEET YOUR REQUIREMENTS, WILL BE
ERROR-FREE, RELIABLE, WITHOUT INTERRUPTION OR AVAILABLE AT ALL TIMES. WE DO NOT
GUARANTEE THAT THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE .XXX TLD,
INCLUDING ANY SUPPORT SERVICES, WILL BE EFFECTIVE, RELIABLE, ACCURATE OR MEET
YOUR REQUIREMENTS. WE DO NOT GUARANTEE THAT YOU OR THIRD PARTIES WILL BE ABLE TO
ACCESS OR USE ANY NAME IN THE .XXX TLD (EITHER DIRECTLY OR THROUGH THIRD-PARTY
NETWORKS) AT TIMES OR LOCATIONS OF YOUR CHOOSING. NO ORAL OR WRITTEN INFORMATION
OR ADVICE GIVEN BY A REPRESENTATIVE OF THE REGISTRY, ITS AFFILIATES AND SERVICE
PROVIDERS, AND/OR IFFOR SHALL CREATE A WARRANTY REGARDING OPERATIONS OF THE
REGISTRY OR ANY NAME IN THE .XXX TLD.
15.
THE REGISTRY, ITS AFFILIATES AND SERVICE
PROVIDERS, AND/OR IFFOR SHALL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, CONSEQUENTIAL OR EXEMPLARY DAMAGES ARISING FROM YOUR USE OF,
INABILITY TO USE, OR RELIANCE UPON A NAME IN THE .XXX TLD. THESE EXCLUSIONS
APPLY TO ANY CLAIMS FOR LOST PROFITS, LOST DATA, LOSS OF GOODWILL, WORK
STOPPAGE, COMPUTER FAILURE OR MALFUNCTION, OR ANY OTHER COMMERCIAL DAMAGES OR
LOSSES, EVEN IF THE REGISTRY, ITS AFFILIATES AND SERVICES PROVIDERS AND/OR IFFOR
KNEW OR SHOULD HAVE KNOWN OF THE POSSIBILITY OF SUCH DAMAGES. BECAUSE SOME
STATES OR JURISDICTIONS DO NOT ALLOW THE EXCLUSION OR THE LIMITATION OF
LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR
JURISDICTIONS, THE REGISTRY’S LIABILITY, AND THE LIABILITY OF THE REGISTRY’S
AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR SHALL BE LIMITED TO THE MAXIUMUM
EXTENT PERMITTED BY LAW. YOU FURTHER AGREE THAT IN NO EVENT SHALL THE
REGISTRY’S, ITS AFFILIATES AND SERVICE PROVIDERS, AND/OR IFFOR’S TOTAL AGGREGATE
LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR THE PARTICULAR PRODUCTS OR
SERVICES THAT ARE THE SUBJECT OF THE CAUSE OF ACTION. YOU AGREE THAT THE RIGHTS
STATED HEREIN SURVIVE TERMINATION OF THE REGISTRAR-REGISTRANT AGREEMENT AND THIS
AGREEMENT.
You may have additional consumer rights under your local laws that this
Agreement cannot change.
16.
The Registry reserves the right to modify,
change, or discontinue any aspect of its services, agreements, this Agreement,
including without limitation its prices and fees. You acknowledge and agree that
the Registry, its affiliates and service providers, and/or IFFOR may provide any
and all required notices, agreements, modifications and changes to this
Agreement, and other information concerning the .XXX TLD electronically, by
posting such items on the Registry Website. Your continued use of the Registry
Website or your Registration and/or Reservation of any name in the .XXX TLD
shall constitute your acceptance of the most current versions of those notices,
agreements, modifications, and changes to this Agreement. In the event of any
conflict between this Agreement and the notices, agreements, modifications or
changes to this Agreement as posted from time to time on the Registry Website,
the then-current terms of this Agreement posted on the Registry Website shall
prevail.
17.
You represent and warrant that your use of the
Registry and/or any name in the .XXX TLD will not be for any illegal purposes,
including without limitation:
a. any purposes that promote or encourage the promotion of child pornography or
the exploitation of minors in any way;
b. the infringement of the intellectual property rights of any other person or
entity;
c. the impersonation of any person or entity, or the submission of information
on behalf of any other person or entity, without their express prior written
consent;
d. the violation of privacy or publicity rights of any other person or entity;
e. the promotion or engagement in any spam or other unsolicited bulk email, the
promotion or engagement in any software viruses or any other computer code,
files or programs designed to interrupt, destroy, or limit the functionality of
any computer software, hardware, or telecommunications equipment or computer or
network hacking or cracking; or
f. the interference with the operation of the Registry Website or services
offered by the Registry and/or IFFOR.
18.
Names in the .XXX TLD are intended for and
available to Applicants and Registrants who are at least eighteen (18) years of
age. By submitting a Registration Request, creating a Registration, or
maintaining a Registration you represent and warrant that you are at least
eighteen (18) years of age.
19.
If you are entering into this Agreement on behalf
of a corporate entity, you represent and warrant that you have the legal
authority to bind such corporate entity to the terms and conditions contained in
this Agreement, in which case the terms “you”, “your”, Applicant, or Registrant
shall refer to such corporate entity. If, after your electronic acceptance of
this Agreement, the Registry finds that you do not have the legal authority to
bind such corporate entity, you will be personally responsible for the
obligations contained in this Agreement, including but not limited to the
payment obligations. The Registry shall not be liable for any loss or damage
resulting from the Registry’s reliance on any instruction, notice, document, or
communication reasonably believed by the Registry to be genuine and originating
from an authorized representative of your corporate entity. If there is
reasonable doubt about the authenticity of any such instruction, notice,
document, or communication, the Registry reserves the right (but undertakes no
duty) to require additional authentication from you.
20.
Registry Website may contain links to third party
websites that are not owned or controlled by the Registry. The Registry assumes
no responsibility for the content, terms and conditions, privacy policies, or
practices of any third party websites, including without limitation its service
providers or dispute resolution providers.
21.
No failure on the part of the Registry to
exercise any power, right, privilege or remedy under this Agreement, and no
delay on the part of the Registry in exercising any power, right, privilege or
remedy under this Agreement, shall operate as a waiver of such power, right,
privilege or remedy; and no single or partial exercise or waiver of any such
power, right, privilege or remedy shall preclude any other or further exercise
thereof or of any other power, right, privilege or remedy. The Registry shall
not be deemed to have waived any claim arising out of this Agreement, or any
power, right, privilege or remedy under this Agreement, unless the waiver of
such claim, power, right, privilege or remedy is expressly set forth in a
written instrument duly executed by the Registry; and any such waiver shall not
be applicable or have any effect except in the specific instance in which it is
given.
22.
If any provision of this Agreement or the
application thereof to any person, entity, or circumstances is determined to be
invalid, illegal, or unenforceable in any jurisdiction, the remainder hereof,
and the application of such provision to such person, entity, or circumstances
in any other jurisdiction, shall not be affected thereby, and to this end the
provisions of this Agreement shall be severable.
23.
The Registry shall not be liable to you for any
loss or damage resulting from any cause beyond its reasonable control (a “Force
Majeure Event”) including, but not limited to, insurrection or civil disorder,
war or military operations, national or local emergency, acts or omissions of
government or other competent authority, compliance with any statutory
obligation or executive order, fire, lightning, hurricane, explosion, flood,
subsidence, weather of exceptional severity, and acts or omissions of persons of
which the Registry is not responsible.
24.
This Agreement (including its schedules, the
privacy policy, the auction rules, the launch plan and related policies, as well
as the domain name dispute resolution policies which are incorporated herein by
this reference and form a part of it) constitutes the entire agreement between
the parties concerning the subject matter of this Agreement and supersedes any
prior agreements, representations, statements, negotiations, understandings,
proposals or undertakings, oral or written, between the parties with respect to
the subject matter expressly set forth herein.
25.
In the event of termination of this Agreement,
the following terms shall survive: Section 1.6, 1.9-1.15, 1.20, 1.23, and 1.25.
II. ADDITIONAL TERMS FOR ALL SUNRISE APPLICANTS AND ALL LANDRUSH APPLICANTS
1.
1. At the close of the Sunrise period, if more
than one Sunrise application of any kind (AT, AD, or B) is made for a domain
name, all Sunrise Applicants for that name will be notified of the claims made
by the other Sunrise Applicants for that name and that name will proceed to
auction, in accordance with the Auction Rules. You agree to be bound by the
Auction Rules. In furtherance of this provision, by submitting a Sunrise
application you agree that the Registry and/or its Validation Agent is
authorized to share information relating to your Sunrise application with other
Sunrise Applicants. In the event any Sunrise Applicant proceeds with a
Registration, such Applicant will be deemed on notice of the intellectual
property claims submitted by the other Sunrise Applicant(s) and may not claim
lack of notice with regard to such Applicant(s) in any subsequent dispute
proceeding. You acknowledge and agree that you may not use proxy services during
the Sunrise period.
2.
2. At the close of the Landrush period, if more
than one Landrush application is made for a domain name, all Landrush applicants
will be notified that the domain name will proceed to auction, in accordance
with Auction Rules. You agree to be bound by the Auction Rules. You acknowledge
and agree that you may not use proxy services during the Landrush period.
III. ADDITIONAL TERMS FOR SUNRISE B (NON-COMMUNITY TRADEMARK) APPLICANTS
1.
If you have submitted a Reservation Request under
the Registry’s Sunrise B procedure, you acknowledge and agree that if your
application is successful, your Reservation will not result in a Registration,
does not convey any additional rights, including without limitation any
additional intellectual property rights, and queries will resolve to a standard
page that indicates that the name is reserved. You further acknowledge and agree
that you may not in the future elect to convert this Reservation to a resolving
Registration.
2.
2. You acknowledge and agree that the Registry,
its affiliates and service providers, and IFFOR shall have no liability of any
kind for any direct or indirect loss or liability resulting from or arising in
connection with the Sunrise processes, including, without limitation: (a) your
ability or inability to reserve a name in the .XXX TLD through this process, and
(b) any dispute between any parties arising in connection with this process.
20. (G) Specific to .PRO domain
.pro registration
.pro registration must be used or intended to be used primarily for bonafide
professional activities. Bonafide professional activity means an activity, being
carried out in good faith, and acknowledged as a profession by virtue of any law
for the time being in force.
You hereby agree that while obtaining and during the term of domain name
registration, you must meet the .pro registration requirements set forth by the
Registry for the registration of the domain within .pro TLD.
Representation and Warranties
You hereby represent and warrant that:
1.
1) you have the evidence of qualification for
registration of the domain in the .pro TLD and the requisite verification
documents in respect thereof, which Net4 may, at any point of time; verify.
2.
2) the data provided in the domain name
registration application is true, correct, up to date, and complete; You will,
at all times, during the term of its registration keep the information provided
above up to date;
3.
3) any information provided by you does not
infringe any intellectual property rights of any other person.
Liability for Inaccurate Data
You hereby acknowledge that only you shall be responsible for making any
misrepresentation, whether done knowingly or unknowingly. Net4, in no event,
shall be responsible for the acts done by you or the data/information provided
by you or for any damages, of whatsoever nature, arising, whether knowingly or
unknowingly, out of such information/data. You shall be responsible for
verifying the correctness of the data that have been provided by you in
consonance with the requirements of the domain .pro TLD. You shall also be
solely responsible for any information/data provided by you in
contravention/contradiction of the requirement of the domain .pro TLD.
Refund
No fees shall be refunded for the rejection of any application, if not found in
order with the requirements of .pro TLD.
Indemnification
You shall indemnify, defend and hold harmless Net4, its subsidiaries,
affiliates, divisions, shareholders, directors, officers, employees,
accountants, attorneys, insurers, agents, predecessors, successors and assigns,
from any and all claims, demands, losses, costs, expenses, causes of action or
other liabilities of any kind, whether known or unknown, in any way arising out
of, relating to, or otherwise in connection with the domain name registration
with .pro TLD. This indemnification obligation shall survive the termination or
expiration of the this agreement.
You acknowledge, having 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
1.
1) The Uniform Domain Name Dispute Resolution
Policy, available at http://www.icann.org/dndr/udrp/policy.htm
2.
2) (For registration agreements relating to
Sunrise Registrations only:)The Sunrise Period Rules and Sunrise Dispute
Resolution Policy, available athttp://www.registrypro.pro/sunrise.htm and http://www.icann.org/dndr/prosdrp/policy.htm;
3.
3) The Qualification Challenge Policy and Rules,
available at http://www.icann.org/dndr/proqcp/policy.htm and http://www.icann.org/dndr/proqcp/uniform-rules.htm
4.
4) The .pro TLD restriction requirements,
available at http://www.registry.pro/pro/eligibility
20. (I) SPECIFIC TO .HK DOMAIN
.hk Domain
For registering a domain name ending.hk, the Registrant agrees to enter into a
contract with Hong Kong Internet Registration Corporation Limited & Hong Kong
Domain Name Registration Company Limited on the Terms & Conditions as set out
below:
Domain Registration Policies, Procedures & Guidelines
https://www.hkirc.hk/content.jsp?id=6
Domain Name Dispute Resolution Policy
https://www.hkirc.hk/content.jsp?id=33#!/35
Mandatory Provisions Registration Agreement
Download Agreement
21. 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.
22. 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.
23. HEADING
Heading used in this agreement are for reference purposes only and in no way
define, limit, construe or describe the scope or extent of such clause or in any
way affect this agreement.
24. NOTICE
You agree that, unless other instructions are posted on the Net4India's
Web site, any notices required to be given under this Agreement will be deemed
to have been given if delivered by email or fax, or sent by certified mail,
return receipt requested, or other recognized overnight delivery service to each
of the parties in accordance with the most current contact information you have
provided to us. All notices shall be effective upon receipt, except that email
and fax notices shall be effective upon transmission. Mail shall be sent to:
Net 4 India Limited
AB-11, Community Centre,
Safdarjung Enclave
New Delhi-110029
Fax No.- 91-11-41653217
Email- [email protected]
25. NON-WAIVER
Our failure to require performance by the Registrant 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.
26. ENTIRETY
You agree that this Agreement, the rules and policies published by us 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 and construed in accordance with the
laws of Union of India. Both parties agree to submit to the jurisdiction to the
National Capital Territory Region of Delhi.
28. INFANCY
You attest that you are of legal age to enter into this Agreement.
29. ACCEPTANCE OF AGREEMENT
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND
CONDITIONS AND AFTER AGREEING WITH ALL THE TERMS AND CONDITIONS OF THIS
AGREEMENT AND DISPUTE POLICY YOU ARE FILLING DOMAIN NAME REGISTRATION FORM. YOU
HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF PARTICIPATING IN THE AFFILIATE
NETWORK AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER
THAN AS SET FORTH IN THIS AGREEMENT.
Registrant Rights and Responsibilities
I (b) DOMAIN NAME DISPUTE POLICY
The policy is between Net 4 India Limited and its customer (the domain-name
holder or registrant). Thus the policy uses "us”, “we" and "our" to refer to the
registrar and it uses "you" and "your" to refer to the domain name holder.
Uniform Domain Name Dispute Resolution Policy
(As Approved by ICANN on October 24, 1999)
1. PURPOSE
This Uniform Domain Name Dispute Resolution Policy (the "Policy"), which
has been adopted by the Internet Corporation for Assigned Names and Numbers
("ICANN"), is incorporated by reference into your Registration Agreement, and
sets forth the terms and conditions in connection with a dispute between you and
any party other than us (the registrar) over the registration and use of an
Internet domain name registered by you. Proceedings under Paragraph 4 of
this Policy will be conducted according to the Rules for Uniform Domain Name
Dispute Resolution Policy (the "Rules of Procedure"), which are available at www.icann.org/udrp/udrp-rules-24oct99.htm ,
and the selected administrative-dispute-resolution service provider's
supplemental rules.
2. YOUR REPRESENTATION
By applying to register a domain name, or by asking us to maintain or
renew a domain name registration, you hereby represent and warrant to us that
(a) the statements that you made in your Registration Agreement are
complete and accurate;
(b) to your knowledge, the registration of the domain name will not
infringe upon or otherwise violate the rights of any third party;
(c) you are not registering the domain name for an unlawful purpose; and
(d) you will not knowingly use the domain name in violation of any
applicable laws or regulations. It is your responsibility to determine whether
your domain name registration infringes or violates someone else's rights.
3. CANCELLATION, TRANSFERS AND CHANGES
We will cancel, transfer or otherwise make changes to domain name registrations
under the following circumstances:
a. subject to the provisions of Paragraph 8, on receipt of written or
appropriate electronic instructions from you or your authorized agent to take
such action;
b. on receipt of an order from a court or arbitral tribunal, in each case
of competent jurisdiction, requiring such action; and/or
c. our receipt of a decision of an Administrative Panel requiring such
action in any administrative proceeding to which you were a party and which was
conducted under this Policy or a later version of this Policy adopted by ICANN.
(See Paragraph 4(i) and (k) below.)
We may also cancel, transfer or otherwise make changes to a domain name
registration in accordance with the terms of your Registration Agreement or
other legal requirements.
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