Domain Registration Agreement
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AGREEMENT.
This Domain Registration Agreement ("Agreement" or “Registration Agreement”) is between FastDomain Inc., as the sponsoring registrar or acting as reseller for the sponsoring registrar identified in the WHOIS record which may be retrieved here ("we," "us," "our," "Registrar"), and you, the person or entity registering a domain or domains through FastDomain. This Agreement sets forth the terms and conditions of your use of the domain registration services and other related services made available by us and on our website (collectively, the “Services”).
Use of the Services is also governed by the FastDomain User Agreement and its policies, which are incorporated into this Agreement by reference, including but not limited to:
Privacy Notice and Domain Registration Services Privacy Notice Addendum
Data Request Policy -
SELECTION OF A DOMAIN NAME.
You represent that, to the best of the 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 and that the domain name is not being registered for any unlawful purpose.
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FEES.
You agree to pay Registrar, the applicable fees for the Services. All fees payable hereunder are non-refundable.
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TERM.
You agree that the Agreement will remain in full force during the length of the term of your domain name registration. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement will be extended accordingly. Should you transfer your domain name or should the domain name otherwise be transferred to another registrar, the terms and conditions of this contract shall cease and shall be replaced by the contractual terms in force between domain name holders and the new registrar.
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EXPIRED DOMAIN NAMES.
You agree that we may place our contact information in the WHOIS output for any expired domain name, as the failure to renew results in the immediate cancellation of the domain name and loss of all rights to the domain name. Should you choose not to renew your domain name, you agree that we may, in our sole discretion, renew and transfer the domain name to a third party as an expired domain transfer.
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MODIFICATIONS TO AGREEMENT.
You agree that during the term of this Agreement, 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 upon posting of the revised Agreement or change to the Services on our web site, or on notification to you as per Section 31 of this Agreement. 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 as per Section 31 of this agreement. 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 shall abide by any such revisions or changes. You further agree to abide by any Internet Corporation for Assigned Names and Numbers’ (“ICANN”) approved policy, including but not limited to ICANN’s Uniform Dispute Resolution Policy ("Dispute Policy"), as each may be amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to any ICANN-approved policy becomes effective, you have agreed to such 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.
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MODIFICATIONS TO YOUR ACCOUNT.
In order to change your account information with us, you must use your account identifier and password that you selected when you opened your account with us. Please safeguard your account identifier and password from any unauthorized use. In no event will we be liable for the unauthorized use or misuse of your account identifier or password.
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DOMAIN NAME DISPUTE POLICY.
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference.
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DOMAIN NAME DISPUTES.
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy 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. For any dispute, you agree to submit to the jurisdiction of the courts of The State of Utah.
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ICANN POLICY.
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN-adopted policy, or pursuant to any registrar or registry procedure not inconsistent with an ICANN-adopted policy, (1) to correct mistakes by Registrar or the registry in registering the name or (2) for the resolution of disputes concerning the domain name. Further, you acknowledge that you have read and understand the Registrant Rights and Responsibilities as outlined by ICANN: Registrant Rights and Responsibilities.
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CHANGE OF REGISTRANT
Effective December 1, 2016, for all generic top-level domains, any material changes to a domain name registrant's name, company, email address, or to the administrative contact email address (if there is no registrant email address) are subject to ICANN's Transfer Policy (available here).
We are required to deny a change of registrant for any of the following reasons:- the domain name registration agreement has expired and the registrant no longer has the right to renew the domain name or to transfer the domain name to another registrar;
- the change of registrant was not properly authorized by the prior registrant and the new registrant; or
- the domain name is subject to a domain name dispute proceeding, including, but not limited to, the following:
Unless a change of registrant is otherwise prohibited, the prior registrant and the new registrant, or their designated agents, must confirm the change of registrant within 60 days of the request.
Unless you opt out of the transfer lock when you request a change of registrant, you may not transfer your domain registration to another registrar for sixty (60) days following the change of registrant. -
DESIGNATED AGENT
You hereby explicitly authorize us to act as designated agent to approve a change of registrant on behalf of the prior registrant and the new registrant, consistent with the requirements of ICANN's Transfer Policy.
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RESTRICTIONS ON REGISTRAR TRANSFERS.
For generic top-level domains governed by ICANN, you agree that you may not transfer your domain registration to another domain registrar during the first sixty (60) days from the effective date of your: (1) initial domain registration or (2) completion of a domain transfer into Bluehost. If you choose to utilize our transfer lock service, you agree to provide written authorization (electronic acceptance is acceptable) to FastDomain for the transfer of the domain to another registrar and agree to pay any and all fees that may be charged by Bluehost to effect the transfer. You agree your request to transfer your domain to another registrar may be denied pursuant to ICANN’s Transfer Policy (available here).
For country-code top-level domains, as established by each registry, you agree that you may not transfer a domain to another registrar during the first sixty (60) days of the initial registration or after expiration of the domain. You agree your request to transfer your domain to another registrar may be denied pursuant to the applicable registry’s transfer policy.
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AGENCY.
Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, unless you promptly disclose the identity of the licensee to the party providing you reasonable evidence of actionable harm. You also represent that you have provided notice of the terms and conditions in this Agreement to the third party and that the third party agrees to the terms of this Agreement and the Privacy Notice and Domain Registration Services Privacy Notice Addendum.
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ANNOUNCEMENTS.
Registrar reserves the right to distribute information to you that is pertinent to the quality or operation of our Services and those of our service partners in accordance with our Privacy Notice and Domain Registration Services Privacy Notice Addendum. These https://www.newfold.com/privacy-center/domain-registration-services-addendum announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
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LIMITATION OF LIABILITY.
You agree that our entire liability, and your exclusive remedy, with respect to any Services(s) provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Service(s). We and our contractors shall not be liable for any direct, indirect, incidental, special or consequential damages resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services. Because some states do not allow the exclusion or limitation of liability for consequential or incidental damages, in such states, our liability is limited to the extent permitted by law. We disclaim any and all loss or liability resulting from, but not limited to: (1) loss or liability resulting from access delays or access interruptions; (2) loss or liability resulting from data non-delivery or data mis-delivery; (3) loss or liability resulting from acts of God; (4) loss or liability resulting from the unauthorized use or misuse of your account identifier or password; (5) loss or liability resulting from errors, omissions, or misstatements in any and all information or Services(s) provided under this Agreement; (6) loss or liability resulting from the interruption of your Service. You agree that we will not be liable for any loss of registration and use of your domain name, or for interruption of business, or any indirect, special, incidental, or consequential damages of any kind (including lost profits) regardless of the form of action whether in contract, tort (including negligence), or otherwise, even if we have been advised of the possibility of such damages. In no event shall our maximum liability exceed five hundred ($500.00) dollars.
You acknowledge that the registry operator(s) will have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the "Sunrise Period" or the "Land Rush Period", including, without limitation: (a) the ability or inability of a registrant to obtain a registered domain name during these periods, and (b) the results of any dispute over a "Sunrise Registration."
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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 without limitation Registrar, and the directors, officers, employees and agents of each of them, including attorney's fees, of third parties relating to or arising under this Agreement, the Services provided hereunder or your use of the Services, including without limitation infringement by you, or someone else using the Service 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 suit by a third party, or any other legal action brought to our attention involving us based on the anonymity of the domain, we may seek assurance that you will indemnify us and written notice that you have contacted the plaintiff or representative for the complainant and made your contact information available to them. Failure to provide those assurances will result in a breach of this Agreement and may result in deactivation of your domain name and forfeit the right to privacy on a domain. A pro-rated refund will be issued to the payment method on file for the remaining unused Service.
You agree to indemnify, defend and hold harmless the registry operators, including Afilias limited, Verisign Inc., NeuStar Inc., and Public Interest Registry, and their directors, officers, employees and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the domain name registration. You further agree that this indemnification obligation will survive the termination or expiration of the registration agreement.
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TRANSFER OF OWNERSHIP.
The person named as registrant contact at the time the controlling user name and password are secured shall be the owner of the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee") you shall require the Transferee to agree, in writing to be bound by all the terms and conditions of this Agreement. Your domain name will not be transferred until we receive such written assurances or other reasonable assurance that the Transferee has been bound by the contractual terms of this Agreement (such reasonable assurance as determined by us in our sole discretion) along with the applicable transfer fee. If the Transferee fails to be bound in a reasonable fashion (as determine by us in our sole discretion) to the terms and conditions in this Agreement, any such transfer will be null and void.
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BREACH.
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy provided by us, may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If within thirty (30) calendar days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement, then we may delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other breach by you.
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NO GUARANTY.
You agree that, by registration or reservation of your chosen domain name, such registration or reservation does not confer immunity from objection to either the registration, reservation, or use of the domain name.
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DISCLAIMER OF WARRANTIES.
You agree that your use of our Services is solely at your own risk. You agree that such Service(s) is provided on an "as is," "as available" basis. We expressly disclaim all warranties of any kind, whether express or implied, including but not limited to the implied warranties of merchantability, fitness for a particular purpose and non-infringement. We make no warranty that the Services will meet your requirements, or that the Service(s) will be uninterrupted, timely, secure, or error free; nor do we make any warranty as to the results that may be obtained from the use of the Service(s) or as to the accuracy or reliability of any information obtained through the Service or that defects in the Service will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Service is done at your own discretion and risk and that you will be solely responsible for any damage to your computer system or loss of data that results from the download of such material and/or data. We make no warranty regarding any goods or services purchased or obtained through the Service or any transactions entered into through the Service. No advice or information, whether oral or written, obtained by you from us or through the Service shall create any warranty not expressly made herein.
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INFORMATION WE COLLECT.
Your use of the Services is subject to your agreement and obligation to: (1) provide certain current, complete and accurate information about you as required by the registration process, and (2) maintain and update such information as needed to keep it current, complete and accurate. Notwithstanding anything contained herein, any information we collect is pursuant to our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
As part of the registration process, in addition to you providing us with billing information, we are also contractually required by ICANN and/or certain registries to collect from you the following domain registration information (collectively, the "Registration Information"):
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Registrant Name
Registrant Organization (where applicable)
Registrant Address
Registrant Email
Registrant Fax (where applicable)
Registrant Phone number
Administrative Contact
Administrative Contact Organization (where applicable)
Administrative Contact Address
Administrative Contact Email
Administrative Contact Fax (where applicable)
Administrative Contact Telephone Number
Technical Contact
Technical Contact Organization (where applicable)
Technical Contact Address
Technical Contact Email
Technical Contact Fax (where applicable)
Technical Contact Telephone NumberAny other information which we request from you at registration is voluntary. Any voluntary information we request is collected so that we can continue to improve the products and Services offered to you in accordance with our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
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DISCLOSURE AND USE OF REGISTRATION INFORMATION.
You agree and acknowledge that we will make certain Registration Information you provide available to ICANN, to the registry administrators, and to other third parties in accordance with our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
Our contracts with ICANN and certain registries require us to collect certain Registration Information (“WHOIS Information”), which will be publicly available and accessible through a WHOIS service as required by ICANN/Registry Policy (the “WHOIS Directory”). The WHOIS Directory is a publicly accessible database that lists WHOIS Information, including a particular domain name, the name server(s) to which the domain name points, and the domain name’s creation and expiration date. Note that unless the European Union’s General Data Protection Regulation 2016/679 (“GDPR”) applies to you, your Registration Information could be displayed in the WHOIS Directory.
You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your Registration Information by us.
You may access your Registration Information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us through Registrar.
If you have provided the Company with third party Registration Information, you represent and warrant to the Company that (i) you have the valid and enforceable right to use the Registration Information, and (ii) you have notified such third parties of the Company’s rights to use the Registration Information pursuant to this Agreement and our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
You agree to correct and update the Registration Information for your domain name registration during the registration term for the registered domain name within seven (7) days of any change. Your failure to provide accurate and reliable Registration Information during the registration term will be considered a breach of this Agreement.
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DOMAIN PRIVACY SERVICE
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If you purchased domain privacy services ("Domain Privacy"), you agree that your Registration Information will be replaced in any public WHOIS search with information provided by the Registrar as determined in its sole discretion (the "Private WHOIS Contact Information").
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Although the Private WHOIS Contact Information will appear in any public WHOIS search result, you are solely responsible for resolving any and all monetary, creditor, infringement or other claims that arise in connection with a legal or other dispute involving your domain name registration. Use of the Domain Privacy service in no way alleviates your obligation to provide valid and accurate Registration Information and to update and correct such information pursuant to the terms of this Agreement.
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The Domain Privacy service is NOT a general mail forwarding service. You agree that you will not provide any third party with the Private WHOIS Contact Information for the purpose of having such third party transmit communications to you. Registrar may immediately terminate the Domain Privacy service and, at its sole option, disclose the Registration Information in the event that you breach this Agreement.
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Notwithstanding anything to the contrary, you agree that Registrar may, but is not obligated to, review and forward communications in connection with your domain name that it receives. You hereby authorize Registrar to receive, sort, open, forward, and destroy any and all mail sent to our address at our sole discretion. You specifically acknowledge that Registrar is not obligated but may forward to you certified or traceable courier mail (such as UPS or Federal Express deliveries), legal notices, or first class U.S. postal mail; however, Registrar will NOT forward "junk" mail or other unsolicited communications (whether delivered through fax, postal mail, or telephone), and you further authorize Registrar to either discard all such communications or return all such communications to the sender. You agree that: (i) postal mail may be forwarded via regular mail forwarding or scanned and emailed electronically to the email address listed in the Registration Information; (ii) emails will be forwarded to the email address listed in the Registration Information; and (iii) callers will be directed to use the mailing or email address listed on the Private WHOIS Contact Information and we will forward such mail or email pursuant to the terms of this section; we will not relay phone messages to you.
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If any domain name for which you are using the Domain Privacy service is transferred to another registrar, Domain Privacy will automatically cease and no refund will be given for any unused portion of the service.
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Failure to renew the Domain Privacy service while your domain name registration is still valid will result in the Domain Privacy being suspended, terminated or cancelled and your Registration Information will be displayed in any public WHOIS search.
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Registrar expressly reserves the right, in its sole discretion and without any liability to you whatsoever, to suspend or cancel your use of the Domain Privacy and/or reveal the Registration Information to any third party at any time without notice to you:
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To comply with any applicable laws, rules, regulations or requirements, or with any subpoenas, court orders, official government inquiries or requests of law enforcement;
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To comply with ICANN's Uniform Domain Name Dispute Resolution Policy;
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To resolve any and all third-party claims, whether threatened or made, arising out of your use of the Domain Privacy service, including without limitation, to avoid a dispute of any claim that the registered domain name violates or infringes a third party's trademark, trade name, or other legal rights;
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In the event you breach any provision of this Agreement or any other agreement you've entered into with Registrar, including, but not limited to, the Terms of Service;
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To comply with the rules, procedures, or practices of the registry that governs the domain name extension receiving the Domain Privacy service and to protect the integrity and stability of the applicable domain name registry;
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To avoid any financial loss or legal liability (civil or criminal) on the part of Registrar, its parent companies, subsidiaries, affiliates, shareholders, agents, officers, directors, or employees;
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To prevent inappropriate activity that comes to Registrar's attention, including without limitation if you are using Domain Privacy to hide your involvement in illegal or morally objectionable activities, including without limitation, activities that are intended to or otherwise: (i) appeal purely to the prurient interests of third parties; (ii) defame, embarrass, harm, abuse, threaten, or harass third parties; (iii) violate state or federal laws of the United States and/or foreign territories; (iv) involve hate crimes, terrorism, or child pornography; (v) are tortious, vulgar, obscene, invasive of a third party's privacy, racially, ethnically, or otherwise objectionable; (vi) impersonate the identity of a third party; (vii) harm minors in any way; or (viii) relate to or transmit viruses, Trojan Horses, access codes, backdoors, worms, time bombs, or any other code, routine, mechanism, device or item that corrupts, damages, impairs, interferes with, intercepts or misappropriates any software, hardware, firmware, network, system, data, or personally identifiable information.
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Pursuant to paragraph 3.7.7.3 of ICANN's Registrar Accreditation Agreement ("RAA"), you agree that if you license use of a Registered Name (as that term is defined in the RAA) to a third party, you are nonetheless the Registered Name Holder of record (as that term is defined in the RAA) and are responsible for providing your Registration Information and for providing and updating valid and accurate Registration Information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name. A Registered Name Holder licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name unless the Registered Name Holder promptly discloses the identity of the licensee to the party claiming violation or infringement of its rights.
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EU/EEA NATURAL PERSONS.
If the GDPR applies to you, we will not display your Registration Information in the WHOIS Directory. However even if GDPR applies to you, there are limited circumstances which we may be contractually required to share your Registration Information as described in our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
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ACCURACY OF INFORMATION.
Your willful provision of inaccurate or unreliable information, your willful failure promptly to update information provided to us, or your failure to respond for over fifteen calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
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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, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services.
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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.
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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.
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NON-WAIVER.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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NOTICES.
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via e-mail or via regular mail. In the case of e-mail, valid notice shall only have been deemed to have been given when an electronic confirmation of delivery has been obtained by the sender. In the case of e-mail notification to us at domains@fastdomain.com or, in the case of notice to you, at the e-mail address provided by you in your WHOIS record. Any e-mail communication shall be deemed to have been validly and effectively given on the date of such communication, if such date is a business day and such delivery was made prior to 4:00 p.m. EST, otherwise it will be deemed to have been delivered on the next business day. In the case of regular mail notice, valid notice shall be deemed to have been validly and effectively given 5 business days after the date of mailing and, in the case of notification to us, shall be sent to:
Fast Domain
5335 Gate Pkwy 2nd Floor
Jacksonville, FL 32256
and in the case of notification to you shall be to the address specified in the "Administrative Contact" in your WHOIS record.
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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.
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GOVERNING LAW.
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE STATE OF UTAH AND THE FEDERAL LAWS OF THE UNITED STATES OF AMERICA APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN UTAH AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS.
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INFANCY.
You attest that you are of legal age to enter into this Agreement.
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ACCEPTANCE OF AGREEMENT.
YOU ACKNOWLEDGE THAT YOU HAVE READ THIS AGREEMENT AND AGREE TO ALL ITS TERMS AND CONDITIONS. YOU HAVE INDEPENDENTLY EVALUATED THE DESIRABILITY OF THE SERVICE AND ARE NOT RELYING ON ANY REPRESENTATION AGREEMENT. GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
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OBLIGATION TO MAINTAIN WHOIS.
Your willful provision of inaccurate or unreliable Registration Information, your willful failure promptly to update Registration information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the WHOIS Directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement pursuant to our Privacy Notice and Domain Registration Services Privacy Notice Addendum.
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REGISTRAR’S RIGHT TO MODIFY.
We, in our sole discretion, reserve the right to deny, cancel, suspend, transfer or modify any domain name registration to correct a mistake, protect the integrity and stability of the company and any applicable 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. You agree that we shall not be liable to you for loss or damages that may result from our refusal to register or cancel, suspend, transfer or modify your domain name registration.
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INCONSISTENCIES WITH REGISTRY POLICIES.
In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of an applicable registry, the term, condition, policy or procedure of the applicable registry shall prevail.
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NON-WAIVER.
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
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FORCE MAJEURE.
You acknowledge and agree that neither we nor the applicable registry shall be responsible for any failures or delays in performing our respective obligations hereunder arising from any cause beyond our reasonable control, including but not limited to, acts of God, acts of civil or military authority, fires, wars, riots, earthquakes, storms, typhoons and floods.
APPENDIX 1.
ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you, the registrant, must agree to should you desire to register a domain in these registries.
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.COM -- Should you seek to register a .COM top level domain, you must agree to be bound by the following additional terms:
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The Registrant shall be prohibited from distributing malware, abusively operating botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activity contrary to applicable law and providing (consistent with applicable law and any related procedures) consequences for such activities, including suspension of the registration of the Registered Name;
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The Registrant shall acknowledge and agrees that Verisign reserves the right to deny, cancel, redirect or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by Verisign or any Registrar in connection with a domain name registration, (3) for the non-payment of fees to Verisign, (4) to protect against imminent and substantial threats to the security and stability of the Registry TLD, System, Verisign’s nameserver operations or the internet, (5) to ensure compliance with applicable law, government rules or regulations, or pursuant to any legal order or subpoena of any government, administrative or governmental authority, or court of competent jurisdiction, and/or (6) to stop or prevent any violations of any terms and conditions of this Agreement, the Operational Requirements, or pursuant to Verisign’s Registry Agreement with ICANN.
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.ME -- Should you seek to register a .ME top level domain, you must agree to be bound by the following additional terms:
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You shall comply with all registry policies and all other standards, policies, procedures, and practices which the Montenegrin government requires the .me registry to implement in accordance with the Registry Registration Agreement or otherwise.
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You shall comply with all operational standards, policies, procedures, and practices for the .me registry system established from time to time by the .me registry.
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You shall consent to the use, copying, distribution, publication, modification, and other processing of the registrant's personal data by the .me registry and its designees and agents in a manner consistent with the purposes of the .me Registry-Registrar Registration Agreement.
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You shall submit to proceedings under any dispute policy implemented by the .me registry, including, without limitation, the Domain Name Dispute Resolution Policy ("DRP") referenced on the .me registry's website at www.domain.me.
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You shall agree to be bound by the terms and conditions of the initial launch and general operation of the .me TLD, including, without limitation, the sunrise and land rush periods, and the corresponding dispute resolution policies.
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You acknowledge that the .me registry has no liability of any kind for any loss or liability resulting from the proceedings and processes related to the sunrise or land rush periods, including, without limitation: (a) the ability or inability to obtain a .me registered domain name during these periods; and (b) the results of any dispute procedures.
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You acknowledge and agree that the .me registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain names(s) on registry lock, hold, or similar status, that it deems necessary, in its sole discretion to (a) to protect the integrity and stability of the registry; (b) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on the part of the .me registry, as well as its owners, affiliates, subsidiaries, officers, directors, and employees for violations of any policies, terms, or conditions established by the .me registry, including, without limitation, the .me registry policies; and (d) to correct mistakes made by the .me registry or Registrar in connection with a domain name registration. The .me registry also reserves the right to place a domain name on registry, lock, hold, or similar status during resolution of a dispute proceeding.
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You shall submit to proceedings commenced under other dispute policies as set forth by the .me registry from time to time, including, but not limited to, expedited processes for suspension of a domain name by claims brought by intellectual property right holders, Internet engineering and security experts or other competent claimants in the purpose of upholding the stability, security, and integrity of the .me registry system for the .me top level domain.
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You hereby agree to indemnify, to the maximum extent permitted by law, defend and hold harmless doMEn, d.o.o., and its owners, subsidiaries, affiliates, subcontractors, and agents, and their respective directors, officers, employees, affiliates, and agents of each of them, from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration and or use.
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.CO -- Should you seek to register a .CO top level domain, you must agree to be bound by the following additional terms:
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Definitions: The following definitions apply to this Section:
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"Administrator" means .CO Internet, S.A.S.
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"Registrar" means Fastdomain Inc.
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"Registered Name" means a domain name within the .Co TLD, whether consisting of two, three or more levels (e.g. twolevels.co or three.levels.co), registered and/or maintained through the Registry System and about which data is maintained by or on behalf of Administrator in the Registry Database (whether or not such name appears in the .Co TLD zone file).
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"Registrant" means the holder of a Registered Name.
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"Registry Database" means a database comprised of data about one or more DNS domain names within the domain of the .Co TLD that is used to generate either DNS resource records that are published authoritatively or responses to domain-name availability lookup requests or Whois queries, for some or all of those names.
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"Registry System" means the registry system operated by or on behalf of Administrator for Registered Names in the .Co TLD, including, without limitation, the Registrar Toolkit, as well as any updates, modifications, enhancements and/or redesigns thereof that may be made from time to time.
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You shall (within thirty days of a demand) indemnify, defend and hold harmless Administrator, Registrar, and their respective affiliates and subsidiaries, as well as each of their respective owners, directors, managers, officers, employees, contractors, service providers and agents from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses (including on appeal), arising out of or relating in any way to the Registrant's domain name registration, including, without limitation, the use, registration, extension, renewal, deletion, and/or transfer thereof and/or the violation of any applicable terms or conditions governing the registration. You shall not enter into any settlement or compromise of any such indemnifiable claim without Registrar's prior written consent, which shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
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You certify that, to the best of your knowledge, information and belief, under penalty of fraud, the following is true:
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The data provided in the domain name registration application is true, correct, current and complete and Registrant will ensure that all such information is kept up to date;
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Neither the registration nor the use of the requested domain name interferes with or infringes upon the lawful rights of any person;
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The domain name has not been registered for and will not be used for any purpose that is fraudulent, illegitimate or otherwise in conflict with any applicable laws, rules, regulations, ordinances or decrees, including, without limitation for the submission of unsolicited bulk email, phishing, pharming use of botnets or malware, infringement of the legitimate trademark rights of others, or any other abusive practices; and
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You have the full power and authority to enter into the Registration Agreement on behalf of the Registrant and will be responsible for any errors, falsifications or omissions of information.
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You agree that the registration and exclusive and perpetual right of use and enjoyment for any Registered Name may be cancelled if Administrator or Registrar determines that you have provided information that is incorrect, false or inaccurate either in the initial registration process or in any subsequent communications or in the event you violate any of the terms of the Registration Agreement.
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You agree to follow and be bound by all Administrator's policies (including, without limitation, the Administrator's privacy policy, and other policies shown at http://www.cointernet.co), as the same may be updated, modified or replaced from time to time, and to be subject to any dispute resolution process for the resolution of disputes regarding Registered Names that may be adopted by Administrator, as the same may be updated, modified or replaced from time to time, including, but not limited to, any expedited processes for suspension of a domain name due to claims sought by intellectual property right holders.
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You agree that the domain name may be suspended, terminated, canceled or transferred in the interest of safeguarding compliance with Administrator's security or registration policies or as a result of a dispute resolution.
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You agree that all official contact, correspondence and/or other information sent from or on behalf of Registrar, Administrator or any other relevant official will be transmitted to the administrative contact information that appears in the Registry Database and that the designated administrative contact is authorized to receive all such communication and information.
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You consent and authorize Registrar and Administrator to publish the following information in the WHOIS database and elsewhere:
- Names, addresses, telephone numbers and email addresses of the Registrant and Registrant's designated administrative contact.
- Name, address, telephone number and email address of the Registrant's technical contact.
- Dates related to the creation, last update and expiration of the Registered Name.
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You agree that all disputes, claims or controversies regarding the registration, ownership, use, transfer, assignment, loss, cancellation, or suspension of any Registered Name or otherwise relating to the .Co TLD between Registrant and Administrator shall be governed exclusively by the laws of Colombia and that any such disputes, claims or controversies shall be brought and heard exclusively in the courts located in Bogotá, Columbia.
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You agree to assume all responsibility and liability arising out of any assignment by Registrant of the Registered Name, including, without limitation, with respect to any users, clients, customers, licensees or other persons who may be using any sub-domain of the Registered Name or any Website associated with the Registered Name.
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You agree that neither Registrar's acceptance of the Applicant's registration request nor the actual registration of any Registered Domain shall be deemed an indication that Administrator, Registrar or the Colombian Government has made any determination regarding the legality of the registration, the extent to which Registrant's registration and exclusive and perpetual right of use and enjoyment of the Registered Name may violate any applicable laws, rules, regulations, policies, procedures, ordinances or decrees or infringe on the rights of any other person, and that neither Administrator, Registrar nor the Colombian Government shall have any liability or responsibility arising therefrom.
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You agree that Registrant shall be bound by the terms and conditions of the initial launch and general operation of the .Co TLD, including without limitation the Sunrise and Landrush periods, and the corresponding dispute resolution policies, and that Administrator shall have no liability of any kind for any loss or liability resulting from (a) the ability or inability of an Applicant to obtain a Registered Name during these periods, or (b) the results of any dispute procedures.
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Registrant acknowledges having read and understood and agrees to be bound by the terms and conditions of the Uniform Domain Name Dispute Resolution Policy adopted by ICANN (the "UDRP"), as the same may be amended from time to time and which is hereby incorporated and made an integral part of this Registration Agreement.
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You agree that Administrator reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry and/or the Registry System; (2) to comply with any applicable laws, rules, regulations, policies, procedures, ordinances or decrees of any government, governmental agency or quasi governmental agency (including, without limitation, those of the Colombian Government) or any requirements and/or requests of law enforcement authorities, in compliance with any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Administrator, as well as its affiliates and subsidiaries, and their respective owners, officers, directors, managers, employees, agents, contractors and service providers; (4) for violations of this Registration Agreement; or (5) to correct mistakes made by Administrator or any registrar in connection with a domain name registration. Administrator also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
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You must provide the following minimum registration information:
- Domain name registered;
- IP address and corresponding names of the primary and secondary name servers for the Registered Name;
- Original creation date and term of the registration;
- Name, postal address, email address, voice telephone number, and (where available) fax number of the Registrant of the Registered Name;
- Name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the Registered Name; and
- Name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
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.US extensions
Should you seek to register a .US TLD ("usTLD") from NeuStar, Inc. ("Registry Operator"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .US domain registrations.
- You agree that your registration and use of .US TLD is subject to the usTLD Administrator Reservation of Rights policy (available here).
- You agree to comply with the usTLD Acceptable Use Policy (available here).
- You agree to comply with the usTLD Privacy Services Policy (available here). In addition, Registrar must inform the Registered Name Holder that any Registrant that intends to license use of a domain name to a third party is nonetheless the Registrant of record and is 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 Registered Name. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name.
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You certify that the Registered Name Holder meets the requirements set out in the usTLD Nexus Requirements Policy (available
here)
to qualify to register a Registered Name and that the Registered Name Holder is either:
- A citizen or permanent resident of the United States of America or any of its possessions or territories, whose primary place of domicile is in the United States of America or any of its possessions; or
- A United States entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories (including a federal, state, or local government of the United States, or a political subdivision thereof); or
- A foreign entity or organization that has a bona fide presence in the United States.
- You agree that failure to abide by the usTLD Nexus Requirements Policy shall be a basis for cancellation of the domain (available here).
- You agree that for the adjudication of disputes concerning or arising from use of the usTLD, to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registered Name Holder's domicile, (2) where the registrar of record is located, and (3) the United States.
- You certify that, to the best of your knowledge, information or belief under penalty of fraud, the registered name has not been registered for and will not be used to (i) distribute malware, (ii) abusively operate botnets, (iii) engage in phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or (iv) otherwise engage in activity that is contrary to U.S. law;
- You agree that failure to comply with the terms of the Registry Operator’s Policies (available here) may result in suspension or termination of the domain.
- You represent that, to the best of your knowledge and belief, neither the registration of the domain, nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
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You agree that the registration of your domain is subject to suspension, deletion, cancellation or transfer pursuant to any Registry Operator Policy, or pursuant to any registrar of record or Registry Operator procedure not inconsistent with such Policies to:
- enforce usTLD Policies, as amended from time to time;
- protect the integrity and stability of the Registry Operator, its operations, and the usTLD;
- 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 Operator or you;
- establish, assert, or defend the legal rights of the Registry Operator or a third party, or to avoid any liability, civil or criminal, on the part of the Registry Operator as well as its affiliates, subsidiaries, owners, officers, directors, representatives, employees, contractors, and stockholders;
- respond to violations of this policy;
- correct mistakes made by the Registry Operator or any registrar of record in connection with a registration or reservation.
- You agree to indemnify, defend and hold harmless Registry Operator and its registry operations service providers, including the directors, officers, employees, affiliates and agents of each of them from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to the Registered Name Holder's domain name registration. The registration agreement shall further require this indemnification obligation survive the termination or expiration of the registration agreement.
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You agree that you have received and hereby accept the terms and conditions of this Registration Agreement, including the Terms of Service, Privacy Notice, and Acceptable Use Policy with respect to processing of Personal Data which includes:
- The purposes for which any Personal Data collected from you are intended;
- The intended recipients or categories of recipients of the data (including Neustar and others who will receive the data from Neustar);
- Which data are obligatory and which data, if any, are voluntary; and
- How you can access and, if necessary, rectify the data held about you.
- You acknowledge that Registrar will take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction and will not process the Personal Data collected from you as Registered Name Holder in a way incompatible with the purposes and other limitations about which it has provided notice to the Registered Name Holder in accordance with Section 13 above.
- You agree that the Registry Operator retains the right to freeze a domain name during the resolution of a dispute either by: (i) rendering the domain name unresolvable; (ii) preventing the transfer of the domain name to another person, entity or registrar; or (iii) preventing any changes to the contact information associated with the domain name.
- You consent to the data processing as required by the Whois Accuracy Program Specification (available here) and the .US Privacy Policy (available here).
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Donuts Extensions
Should you seek to register a gTLD from a Donuts Inc. subsidiary registry (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Donuts Inc. subsidiary registry domain registrations. A non-exhaustive list of Donuts Inc. gTLDs (the “Registry TLDs”) can be found here.
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You consent to the published privacy policies of the Registry, available here.
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You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
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You acknowledge and agree that domain names are variably priced in the Donuts TLDs (i.e., some are Standard Names and others are Premium Names); click here for more information from the Registry. The non-uniform registration and renewal pricing means that a fee for one Donuts TLD may differ from another Donuts TLD.
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.MENU domains
Should you seek to register a .MENU top level domain (“Registry TLD”) from Wedding TLD2, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .MENU domain registrations.
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You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
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You agree to comply with the operational standards, policies, procedures and practices for the .MENU TLD as established by the Registry Operator, including without limitation the Registry Policies.
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You agree to be bound by the terms and conditions of initial launch established by Registry, including without limitation land rush, and sunrise further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise period, including, without limitation your ability/inability to obtain a registered name during that period.
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You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary, in its discretion: (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement; (4) to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (5) per the terms of the registration agreement; (6) following an occurrence of any of the prohibited activities; or (7) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
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You hereby agree to submit to proceedings commenced under other dispute policies as set forth by Registry, including but not limited to processes for suspension of a domain name by claims sought by intellectual property right holders, Internet engineering and security experts, or other competent claimants in the purpose of upholding the stability, security, and integrity of the .MENU Registry.
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Notwithstanding anything in this Registration Agreement to the contrary, Wedding TLD2, LLC, the Registry Operator of the .MENU TLD, is and shall be an intended third-party beneficiary of this Agreement. As such, the parties to this Registration Agreement acknowledge and agree that the third-party beneficiary rights of Wedding TLD2, LLC have vested and that Wedding TLD2, LLC has relied on its third-party beneficiary rights under this Registration Agreement in agreeing to Registrar being a registrar for the .MENU TLD. Additionally, the third-party beneficiary rights of Wedding TLD2, LLC shall survive any termination of this Registration Agreement.
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.NAME domains
Should you seek to register a .NAME second level domain, you must agree to be bound by the following additional terms:
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Eligibility Requirements. You represent and warrant that every registration you are applying for in the .name TLD satisfies the eligibility requirements ("Eligibility Requirements") established by Global Name Registry Ltd., the registry for the .name TLD, which are available at this link.
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Dispute Resolution Policies. You agree that every service for which you register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP") and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"), which are located at this link. Without limiting the foregoing, you agree that:
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every Defensive Registration is subject to challenge pursuant to the ERDRP;
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if a Defensive Registration is successfully challenged pursuant to the ERDRP, the Defensive Registration Holder will pay the challenge fees;
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if a challenge to a Defensive Registration is successful, the Defensive Registration will be subject to the procedures described in the ERDRP and the Eligibility Requirements including, without limitation, the cancellation of the Defensive Registration Holder's other Defensive Registrations; and
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if a Phase I Defensive Registration (as defined by the .name registry) is successfully challenged on the basis that it does not meet the applicable eligibility requirements, the Defensive Registration Holder will thereafter be required to demonstrate, at its expense, that it meets the eligibility requirements for Phase I Defensive Registrations for all other Phase I Defensive Registrations that it registered within .name through any registrar. In the event the Defensive Registration Holder is unable to demonstrate the foregoing with respect to any such Phase I Defensive Registration(s), those Defensive Registration(s)will be cancelled.
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Limitation of Liability. In addition to the other limitations of liability contained herein, you agree that neither the .name registry nor VeriSign shall have any liability of any kind for any loss or liability resulting from:
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the processing of registration requests prior to live SRS launch, including, without limitation, your ability or inability to obtain a Registered Name, a second-level domain email address registration (an "SLD Email Address"), a Defensive Registration, or a NameWatch Registration using the services provided by VeriSign or the .name registry; or
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any dispute over any Registered Name, SLD Email Address, Defensive Registration or NameWatch Registration, including any dispute resolution proceeding related to any of the foregoing.
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.UNO domains
Should you seek to register a .UNO top level domain (“Registry TLD”) from Dot Latin, LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .UNO domain registrations.
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You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (b) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration, or (c) for the non-payment of fees to Registry.
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You agree to comply with Registry’s Acceptable Use policies, Terms of Service, if any, operational standards, policies, procedures and practices, and Registry policies as they may be instituted or updated from time to time and published on the Registry website (here) specific to the Registry TLD for the domain name.
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You understand and agree to comply with all ICANN standards, policies, procedures andpractices for which Registry has monitoring responsibility.
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You, as the Registrant, 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:
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The Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/udrp/policy;
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The Uniform Rapid Suspension Procedure and Rules, available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en; and
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The Transfer Dispute Resolution Policy, available at http://www.icann.org/en/help/dndr/tdrp.
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.BUZZ domains
Should you seek to register a .BUZZ top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUZZ domain registrations.
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You acknowledge and agree DotStrategy, Co. (the "Registry") reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
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In the event of any dispute concerning the time of the entry of a domain name registration into the Registry system, the timestamp shown in the Registry system records shall prevail.
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You agree to comply with Registry's Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website, here.
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You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
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.CLUB domains
Should you seek to register a .CLUB top level domain, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .CLUB domain registrations.
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You acknowledge and agree .CLUB Domains LLC (the "Registry") reserves the right to deny, cancel, or transfer any registration or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems necessary in its discretion, to correct mistakes made by Registry or any Registrar in connection with a domain name registration; or for the non-payment of fees to Registry.
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You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
You agree to comply with Registry's Acceptable Use policies, Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website.
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.TV and .CC domains
Should you seek to register a .tv or .cc TLD, you must agree to comply with the .tv and .cc Registry Policies, found here.
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Afilias Limited domains
Should you seek to register a gTLD from the Afilias Limited registry, or an Afilias subsidiary registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Afilias Limited registry, and all Afilias subsidiary registry domain registrations. A non-exhaustive list of Registry TLDs may be found here.
- You understand and agree to comply with all ICANN standards, policies, procedures and practices.
- You agree to immediately correct and update the Registration Information for the Registered Name Holder upon any change.
- You agree to be bound by the operational standards, policies, procedures and practices for the Afilias Limited registry, or any Afilias subsidiary registry (the "Registry") as established by the Registry (available here), including without limitation the Registry policies, the terms and conditions of initial launch established by Registry, including without limitation, land rush and sunrise period, and you further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush, sunrise period, or other period associated with the initial launch of the Registry TLD, including, without limitation your ability/inability to obtain a registered name during that period.
- You acknowledge and agree Registry reserves the right to deny, cancel, or transfer any registration
or transaction, or place any domain name(s) on registry lock, hold, or similar status, that it deems
necessary, in its discretion:
- to protect the integrity and stability of the registry;
- to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process;
- to comply with any applicable ICANN rules or regulations, including without limitation, the Registry Agreement the Registry has with ICANN;
- to avoid any liability, civil or criminal, on the part of Registry Operator, as well as its affiliates, subsidiaries, officers, directors, and employees;
- per the terms of the Registration Agreement;
- following an occurrence of any of the prohibited activities; or
- to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
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.BUILD domains
Should you seek to register a .BUILD TLD, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all .BUILD domain registrations.
- You acknowledge and agree Plan Bee, LLC (the "Registry") reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (i) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (ii) to correct mistakes made by Registry or any Registrar in connection with a domain name registration, or (iii) for the non-payment of fees to Registry.
- You agree to comply with Registry's Acceptable Use policies, and Terms of Service, operational standards, policies, procedures and practices as they may be updated from time to time and published at the Registry's website, here.
- You agree to be bound by the terms and conditions of initial launch established by Registry, available here, including without limitation land rush and sunrise periods, and further acknowledge Registry has no liability of any kind for any loss or liability resulting from proceedings and processes relating to the land rush or sunrise periods, including, without limitation your ability/inability to obtain a registered name during that period.
- You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry has monitoring responsibility.
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CentralNic domains
Should you seek to register a gTLD from the CentralNic Registry Operator ("Registry Operator"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all CentralNic domain registrations. A non-exhaustive list of CentralNic gTLDs can be found here.
- You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
- You acknowledge and agree that Registry reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, that it deems necessary, in its discretion; (1) to protect the integrity and stability of the registry; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, and employees; (4) per the terms of the Registration Agreement or (5) to correct mistakes made by Registry or any Registrar in connection with a domain name registration. Registry also reserves the right to place upon registry lock, hold or similar status a domain name during resolution of a dispute.
- You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, and the Sunrise Dispute Resolution Policy, and further to acknowledge that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, and (2) the results of any dispute over a sunrise registration.
- You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
- You understand and agree to comply with all ICANN standards, policies, procedures and practices for which Registry or Registry Operator has monitoring responsibility.
- You agree to comply with the operational standards, policies, procedures and practices as established by the Registry Operator, including without limitation the Registry policies, available here.
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United TLD Holdco domains
Should you seek to register a gTLD from a United TLD Holdco Ltd. subsidiary registry ("Registry"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all United TLD Holdco Ltd. subsidiary registry domain registrations. A non-exhaustive list of United TLD Holdco Ltd. Subsidiary registry TLDs can be found here.
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These Registration Terms and Conditions ("the Registration Terms") supplement, and are incorporated into, the agreement between you ("you"), a registrant, and the ICANN Accredited Registrar ("Registrar") that you use to register or reserve a name in the United TLD Top Level Domain (the "Registry TLD"). As between you and United TLD Holdco Ltd., (the "Registry" or "we"), in the event of any conflict between this Agreement Schedule and the terms of your agreement with Registrar (the "Registrar‐Registrant Agreement"), these Registration Terms shall prevail. These additional terms may be found at the Registry's website here.
- By applying to register or reserve a domain name in a Registry TLD, you represent and warrant that neither your registration nor your use of the name will infringe the intellectual property or other rights of any third party or violate the Registry's Acceptable Use (Anti-Abuse) Policy.
- You acknowledge and agree to abide by all Registry Policies set forth on the Registry's website (the "Registry Website"). 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.
- You agree to comply with all applicable ICANN requirements and policies found at www.icann.org/en/general/consensus-policies.htm.
- You agree to comply with all applicable laws, including those that relate to privacy, data collection, consumer protection, fair lending, debt collection, organic farming, disclosure of date and financial disclosures.
- You agree that should you use a Registry TLD to collect and or maintain sensitive health and financial date, you implement reasonable appropriate security measures commensurate with the offering of those services as defined by applicable law.
- You represent and warrant that you have provided to your Registrar current, complete, and accurate information in connection with your application for a registration, 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 these terms, and the Registry reserves the right to deny, cancel, terminate, suspend, lock, or transfer any registration or reservation if it determines, in its sole discretion, that the information is materially inaccurate.
- You consent to the collection, use, processing, and/or disclosure of personal information in the United States and in accordance with the Registry's Privacy Policy, and incorporated by reference here. If you are submitting information 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.
- You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP"), and the Uniform Rapid Suspension System ("URS")(http://newgtlds.icann.org/en/applicants/urs), each as described on the ICANN 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 from any and all directly or indirect liability associated with such dispute resolution processes.
- You acknowledge and agree that the Registry reserves the right, in its sole discretion, to disqualify you or your agents from making or maintaining any registrations or reservations in the Registry TLD if you are found to have repeatedly engaged in abusive registrations.
- You acknowledge and agree that the Registry reserves the right to deny, cancel, terminate,
suspend, lock, or transfer any registration that it deems necessary, in its discretion, in
furtherance of the following:
- to enforce all Registry Policies, these Registration Terms, and ICANN requirements, as amended from time to time;
- to protect the integrity and stability of the Registry, its operations, and the Registry TLDs;
- 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;
- 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, officers, directors, representatives, employees, contractors, and stockholders;
- to correct mistakes made by the Registry or any Registrar in connection with a registration or reservation;
- as otherwise provided herein.
- The Registration Terms, 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 Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction). You agree and submit to the exercise of personal jurisdiction of courts in the State of Washington for the purpose of litigating any such claim or action.
- By agreeing to these Registration Terms and Conditions, you are: (1) Waiving claims that you might otherwise have against the Registry, its employees, affiliates and subsidiaries, and service providers, based on the law 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 Washington over any disputes or claims you have with the Registry, its affiliates and service providers; and (3) submitting yourself to the personal jurisdiction of courts located in the state of Washington for the purpose of resolving any such disputes or claims.
- You acknowledge and agree that the Registry is and shall be an intended third party beneficiary of the obligations you undertake under your registration agreement with the Registrar and these Registration Terms. 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.
- You acknowledge and agree that domain names in the Registry TLD are provided "as is", "with all faults" and "as available." The Registry, its affiliates and service providers, make no express warranties or guarantees about such domain names.
- To the greatest extent permitted by law, the Registry, its affiliates and service providers, disclaim implied warranties that the Registry and all software, content and services distributed through the registry, its affiliates and service providers are merchantable, of satisfactory quality, accurate, timely, fit for a particular purpose or need, or non-infringing. The registry, its affiliates and service providers do not guarantee that any registry TLDs, 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 United 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 a domain name in United TLDs (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 shall create a warranty regarding operations of the Registry or a domain name in a Registry TLD.
- The Registry, its affiliates and service providers 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 domain name in United 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 knew or should have known of the possibility of such damages. Because some states or jurisdictions do not allow the exclusion or 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, shall be limited to the amount you paid to register a United TLD. You further agree that in no event shall the Registry's, its affiliates' and service providers' total aggregate liability exceed the total amount paid by you for the particular services that are the subject of the cause of action. You agree that the rights stated herein survive the termination of the Registrar's agreement with you.
- The Registry reserves the right to modify, change, or discontinue any aspect of its Registry Services, these Registration Terms, including without limitation its prices and fees. You acknowledge and agree that the Registry, its affiliates and service providers may provide any and all required notices, agreements, modifications and changes to these Registration Terms, and other information concerning Registry TLDs electronically, by posting such items on the Registry Website. Your continued use of a Registry TLD shall constitute your acceptance of the most current versions of those notices, agreements, modifications, and changes to these Registration Terms. In the event of any conflict between these Registration Terms and the notices, agreements, modifications and changes to the Registration Terms as posted from time to time on the Registry Website, the terms posted on the Registry Website shall prevail.
- You represent and warrant that your use of the Registry and/or the Registry TLDs will not be for any illegal purpose and that you will not undertake any activities with your Registry TLD that will be in violation of the Acceptable Use (Anti-Abuse) Policy.
- The Registry TLDs are intended for and available to applicants and registrants who are at least eighteen (18) years of age. By applying for, registering, or reserving United TLD, you represent and warrant that you are at least eighteen (18) years of age.
- In addition to the Registration Terms above, you agree to comply with applicable rules and laws including those that relate to privacy, data collection, consumer protection, import/export of services and disclosure of data.
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.CAREER domains
Should you seek to register a .CAREER TLD ("Registry TLD") from dotCareer LLC ("Registry Operator"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all .CAREER domain registrations.
- You agree that Registry Operator reserves the right, in its unlimited and sole discretion, to revoke, cancel, deny, transfer, suspend, terminate or otherwise modify the rights of a Registered Name Holder, including placing any domain name(s) on registry lock, hold or similar status, without any notice thereto: (1) in the event of non-compliance by the Registered Name Holder with any provision of the Registration Agreement, the .CAREER Registry-Registrant Agreement, specifications adopted by any industry group generally recognized as authoritative with respect to the Internet; (2) to correct any mistakes made by Registry Operator, registrar of record or any third party in connection with a domain name registration; or (3) for the non-payment of any fees due to Registry Operator;
- You agree to comply with the operational standards, policies, procedures, and practices (such as, for example, start up, initial operations, sunrise, premium names, etc.) for the Registry TLD established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars (operational requirements), including affiliates of Registry Operator, and consistent with the Registry Operator's Registry Agreement with ICANN, as applicable, upon Registry Operator's notification to Registrar of the establishment of those terms and conditions.
- You agree to comply with the ICANN requirements, standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
- You agree to the .CAREER Registry-Registrant Agreement, as posted at Registry Operator's website and as amended from time to time at the sole discretion of Registry Operator.
- You agree to comply with any and all applicable national, state or local law, regulation or court order in relation to operations and registrations in the Registry TLD.
- You agree to:
- grant Registry Operator and Registry Service Provider ("RSP") all necessary licenses and
consents to permit Registry Operator and/or RSP or its agent(s) to:
- perform, in Registry Operator or RSP's unlimited and sole discretion, malware scans;
- collect, store, and process data gathered as a result of such malware scans;
- disclose the results of such malware scans (including all data therefrom) to Registry Operator and/or ICANN; and
- use the results of such malware scans (including all data therefrom) in connection with: (1) protecting the integrity, security or stability of the Registry's system; and (2) providing reports and benchmarks based on aggregated data so long as the reports do not identify the TLD;
- acknowledge that the results of any malware scan identifying malware or potential malware shall not be deemed to be confidential or proprietary information of registrar of record or Registered Name Holder;
- disclaim any and all warranties, representations or covenants that such malware scan will detect any and all malware or that Registry Operator or RSP is responsible for notifying registrar of record or any Registered Name Holder of any malware or cleaning of any malware from any system or website;
- indemnify, defend and hold harmless Registry Operator and RSP from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses, arising out of or relating to, for any reason whatsoever, any malware scan, the failure to conduct a malware scan, the failure to detect any malware, clean any malware, or the use of any data from malware scans; and
- prohibit the entrance into any settlement or compromise of any such indemnifiable claim (as set forth above) without the Registry Operator and RSP's prior written consent.
- grant Registry Operator and Registry Service Provider ("RSP") all necessary licenses and
consents to permit Registry Operator and/or RSP or its agent(s) to:
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.BID and .TRADE domains
Should you seek to register a gTLD from the Famous Four Media ("Registry Operator"), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all domain registrations with Famous Four Media. A non-exhaustive list of Famous Four Media gTLDs (the "Registry TLD") can be found here: http://www.famousfourmedia.com/our-gtlds
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You agree to comply with ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN.
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You agree to the operational standards, policies, procedures, and practices for the Registry TLD available here: http://www.famousfourmedia.com/policies as set forth in the Registry Agreement between the Registry Operator and ICANN, and as established from time to time by Registry Operator in a non-arbitrary manner and applicable to all registrars, including affiliates of registrar, and consistent with ICANN standards, policies, procedures, and practices and Registry Operator's Registry Agreement with ICANN, including, in particular, any acceptable use policy available here: gTLD Acceptable Use and Takedown Policy, which delineates all the types of activity that define abuse and reserves the right of the Registry Operator to take appropriate action based on the type of abuse.
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You agree to all permissions, authorizations and confirmations required from the Registered Name Holder or any other data subject which are reasonably required by the Registry Operator or registrar of record in order to comply with the terms of paragraph immediately above.
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Uniregistry domains
Should you seek to register a gTLD from the Uniregistry Registry, you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Uniregistry domain registrations. A non-exhaustive list of all Uniregistry gTLDs can be found here.
- You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to correct mistakes made by the Registry or any Registrar in connection with a domain name; (2) for the non-payment of fees by Registrar.
- You agree to comply with all ICANN standards, policies, procedures and practices as may be adopted or amended from time to time.
- You agree to comply with all operational standards, policies, procedures and practices for the Registry as established from time to time.
- You agree to comply with Registry’s Acceptable Use policies and Terms of Service published at the Registry’s website (available here).
- You understand and agree that Registered Names allocated to Register Name Holders during any Registry sunrise period are non-transferrable for the first 10 years after registration.
- For the .SEXY TLD, the Registered Name Holder shall not permit content unsuitable for viewing by a minor from the main or top-level directory of a .SEXY domain name.
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Radix FZC domains
Should you seek to register a gTLD from Radix FZC ("RO"), you must agree to be bound by the following additional terms. In the event that a term in this section conflicts with the Registration Agreement, the terms of this section shall apply to any and all Radix FZC domain registrations. A non-exhaustive list of Radix FZC TLDs can be found here: http://radixregistry.com/tlds/generic.php ("Included TLD").
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Definitions. The following definitions apply to this Section:
- "Personal Data" refers to data about any identified or identifiable natural person.
- "Premium Domain Name" refers to a domain name designated by the RO, in its sole discretion for non-standard pricing.
- "Registry Service Provider" refers to the registry service provider designated and contracted with the RO, or its assigns.
- "Registry System" refers to the multiple registrar system operated by RO or its Registry Service Provider for registration of Registered Names in the Included TLD.
- "Standard Domain Name" refers to the most common type of domain name made available by RO at standard pricing on a first-come, first-served basis in any Included TLD.
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You acknowledge and agree that RO reserves the absolute right to deny, cancel, delete or transfer any registration or transaction, or place any domain name(s) on registry lock, hold or similar status, as it deems necessary, in its unlimited and sole discretion: (1) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs), (2) to correct mistakes made by RO or any registrar in connection with a domain name registration, (3) for the non-payment of fees to RO, (4) to protect the integrity and stability of the Registry System; (5) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (6) to avoid any liability, civil or criminal, on the part of RO , as well as its affiliates, subsidiaries, officers, directors, and employees.
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You agree to comply with all operational standards, procedures, practices and policies for the Included TLD including the Radix Acceptable Use and Anti-Abuse Policy ("AUP") and all other applicable policies which will be available on the Radix website (http://www.radixregistry.com), established from time to time by RO in a non-arbitrary manner and applicable to all registrars, including affiliates of RO, and consistent with ICANN's standards policies, procedures, and practices and RO's Registry Agreement with ICANN for the Included TLD. Additional or revised RO operational standards, policies, procedures, and practices for the Included TLD shall be effective upon ninety (90) days notice by RO to registrar unless mandated by ICANN with a shorter notice period.
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You agree to be bound by the terms and conditions of the initial launch of the Included TLD, including without limitation the sunrise period and the landrush period, the procedure and process for compliance with ICANN's rights protection mechanisms including the Trademark Clearing House requirements and any Sunrise Dispute Resolution Policy, and further to acknowledge that RO and/or its service providers have no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the landrush period, including, without limitation: (a) the ability or inability of a registrant to obtain a domain name during these periods, and (b) the results of any dispute over a sunrise registration. You further agree that Whois Privacy is not available during the landrush and sunrise periods.
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You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
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You acknowledge and agree that registrants who collect and maintain sensitive health and financial data must implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
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You warrant that no domain name registration within any Included TLD shall be used to distribute malware, abusively operating botnets, phishing, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or other similar activity and providing consequences for such activities including suspension of the domain name. You consent to the use, copying, distribution, publication, modification and other processing of Registrant's Personal Data by RO and its designees and agents, including data escrow requirements as determined and amended by ICANN from time to time.
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You acknowledge and provide explicit approval with regards to RO's pricing and all fees including but not limited to registration, renewal and transfer of domain names.
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You expressly agree that registration and renewal fees for some domain names in an Included TLD are variable and shall differ from registration and renewal fees for other domain names within that Included TLD. This includes but is not limited to non-standard pricing for Premium Domain Name registration and renewal fees, which differs from the pricing of Standard Domain Names.
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You agree to indemnify, defend and hold harmless RO, RO's Registry Service Provider and its subcontractors, and its and their directors, officers, employees, agents, and affiliates from and against any and all claims, damages, liabilities, costs and expenses, including reasonable legal fees and expenses arising out of or relating in any way, for any reason whatsoever, to the Registered Name Holder's domain name registration, any breach of the Registration Agreement with registrar and any use of the domain name.
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You agree to comply with ICANN standards, policies, procedures, and practices for which RO has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN and operational standards, policies, procedures, and practices for the Included TLD established from time to time by RO in a non-arbitrary manner and applicable to all registrars ("Operational Requirements"), including affiliates of RO, and consistent with RO's Registry Agreement with ICANN, as applicable, upon RO's notification to registrar of the establishment of those terms and conditions.
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Top Level Design domains
Should you seek to register a TLD from Top Level Design LLC (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section conflicts with the Registration Agreement, the terms of this Section shall apply to any and all Top Level Design LLC domain registrations. A non-exhaustive list of Top Level Design LLC gTLDs can be found here.
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You agree the Registry reserves the right to deny, cancel, place on registry-lock or hold, or transfer any registration that it deems necessary, in its sole discretion: (1) to protect the integrity and stability of the registry system; (2) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (3) to avoid any liability, civil or criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors, employees, and stockholders; (4) per the terms of this Registration Agreement; (5) to correct mistakes made by Registry or any registrar of record in connection with a domain name registration. The Registry also reserves the right to lock or place on hold a domain name during the resolution of a dispute.
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You agree to be bound by the terms and conditions of the initial launch of the Registry TLD, including without limitation the sunrise period and the land rush period, the procedure and process for compliance with the ICANN Trademark Clearinghouse and any Sunrise Dispute Resolution Policy, and further that Registry has no liability of any kind for any loss or liability resulting from the proceedings and processes relating to the sunrise period or the land rush period, including, without limitation: (1) the ability or inability of a registrant to obtain a registered name during these periods, (2) the results of any dispute over a sunrise registration.
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You agree to comply with the operational standards, policies, procedures and practices as established by the Registry, including without limitation the Registry’s service provider policies, available here, and the Registry’s policies, available here.
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You agree to comply with all applicable laws including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct) and applicable consumer laws in respect of fair lending, debt collection, organic farming (if applicable), disclosure of data and financial regulations.
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You understand and agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.
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You agree that if you collect and maintain sensitive health and/or financial data, you will comply with applicable laws on the provision of such services and including security measures applicable to that sector.
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You agree that the TLD may have non-uniform pricing and the cost of initial registration may differ from the cost of renewal.
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.WS domains
Should you seek to register a gTLD from the .WS Registry, you must agree to be bound by the following additional terms.
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GOVERNMENT USE OF DATA You understand and agree that the .WS Registry shall have the right to use, disclose, reproduce, prepare derivative works, distribute copies to the public, and perform publicly and display publicly, in any manner and for any purpose whatsoever and to have or permit others to do so, all Data provided by You. “Data” means any recorded information, and includes without limitation, technical data and computer software, regardless of the form or the medium on which it may be recorded.
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DOMAIN DISPUTE POLICY You agree to be bound by the current Uniform Domain Name Dispute Resolution Policy, available at http://www.icann.org/udrp/udrp.htm that is incorporated herein and made a part of this Agreement by reference.
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.IN domains
Should you seek to register a gTLD from the .IN Registry, you must agree to be bound by the following additional terms.
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REPRESENTATIONS AND WARRANTIES - You represent and certify 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, breaks any applicable laws or regulations, including discrimination on the basis of race, language, sex or religion, is used in bad faith or for any unlawful purpose;
- your registered domain name is not contrary to public policy and the content of the website does not violate any Indian Laws.
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DOMAIN DISPUTE POLICY You agree to be bound by the dispute policies as decided by the .IN Registry and published at http://www.registry.in that are incorporated herein and made a part of this Agreement by reference.
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.CA domains
Should you seek to register a .CA top level domain, you must agree to be bound by the following additional terms. In the event that any term in this Registration Agreement conflicts with CIRA’s Registrant Agreement, CIRA’s Registrant Agreement shall apply to any and all .CA domain registrations.
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Definitions. The following definitions apply to this Section 23:
- "Registrant Registration Agreement" shall mean CIRA's Registration Agreement.
- "Registrar," "National CA Domains," "we," or "us" shall mean Netfirms, Ltd., a wholly-owned subsidiary of Dotster, Inc., and a certified registrar of .CA domains by CIRA pursuant to the Registrar Registration Agreement entered into between Netfirms, Ltd. and CIRA ("Registrar Registration Agreement").
- "Registry," "Registry Operator," or "CIRA" shall mean Canadian Internet Registration Authority, the not-for-profit organization that manages the .CA domain space.
- Capitalized terms used in this Section 23 but not defined shall have the meaning as set out in the Registration Agreement or Registrar Registration Agreement.
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CA Domain Name Registration Information and Its Use.
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You acknowledge and agree that you are required to submit to Netfirms, Ltd. and keep updated the following information in
connection with your application for .CA domain name registration:
- the .CA domain name to be registered;
- the .CA domain name holder's name and mailing address;
- the name, mailing address, email address, telephone number, and fax number of the Administrative Contact for the .CA domain name;
- the name, mailing address, email address, telephone number, and fax number of the billing contact for the .CA domain name; and
- Canadian presence qualification as required by CIRA's Canadian Presence Requirements for Registrants.
- Obligations Relating to Provided Data. If, in registering a .CA domain name, you provide information about a third party, you hereby represent that you have provided notice to and have obtained the express consent from the third party to the disclosure and use of the third party's information as set forth in this Registration Agreement.
- Disclosure and Use of Registration Information. You agree to authorize Netfirms, Ltd. to provide any information to CIRA and any other third parties as applicable laws may require or permit. You acknowledge and agree that Netfirms, Ltd. may make publicly available, or directly available to third-party vendors, some or all of the .CA domain registration information provided by you, for purposes of inspection such as through Netfirms, Ltd.' WHOIS service, for targeted marketing, or for any other purpose as required or permitted by CIRA and/or applicable laws.
- We will not process any data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purpose and limitations described in this Registration Agreement or in our Privacy Notice. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information. We will have no liability to you or any third party to the extent such reasonable precautions are taken.
- You acknowledge and agree that CIRA may establish guidelines, limits, and/or requirements that relate to the amount and type of information that Netfirms, Ltd. may or must make available to the public or to private entities, and the manner in which such information is made available.
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You acknowledge and agree that you are required to submit to Netfirms, Ltd. and keep updated the following information in
connection with your application for .CA domain name registration:
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CIRA Policy.
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You agree that:
- Your registration of a .CA domain name shall be subject to suspension, cancellation, or transfer pursuant to any CIRA-adopted policy, or pursuant to any Registrar or Registry procedure not inconsistent with a CIRA-adopted policy, (1) to correct mistakes by Registrar or Registry in registering the name, or (2) for the resolution of disputes concerning a .CA domain name.
- CIRA may, at its option, extend any period for the registration of a .CA domain name at no charge to Registrar or you for such further period of time as CIRA may determine, in its sole discretion.
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CIRA shall not be liable to you for:
- any loss, damage, or expense arising out of CIRA's failure or refusal to register a .CA domain name;
- CIRA's failure or refusal to renew a .CA domain name;
- CIRA's registration of a .CA domain name;
- CIRA's failure or refusal to renew a .CA domain name;
- CIRA's renewal of a .CA domain name;
- CIRA's failure or refusal to transfer a .CA domain name;
- CIRA's transfer of a .CA domain name;
- CIRA's failure or refusal to maintain or modify a .CA domain name;
- CIRA's maintenance of a .CA domain name;
- CIRA's modification of a .CA domain name;
- CIRA's failure to cancel a .CA domain name; or
- CIRA's cancellation of a .CA domain name from the Registry.
- In no event shall you pursue any claim against CIRA, and in no event shall CIRA be liable to you, for any direct, indirect, special, punitive, exemplary, or consequential damages, including, but not limited to, damages resulting from loss of use, lost profits, lost business revenue, or third-party damages or arising from any breach by Registrar of its obligations under any agreement between Registrar and you, or the Registrar Registration Agreement.
- Registration of your selected .CA domain name in its first application to CIRA shall not be effective until you have entered into and agree to be bound by CIRA's Registration Agreement.
- We shall immediately give notice to you in the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or the Registrar Registration Agreement is terminated or expires. CIRA may post notice of such suspension, termination, or expiry on its website and may, if CIRA deems appropriate, give notice to you thereof.
- In the event that we are no longer a CIRA certified registrar, have had our certification as a CIRA certified registrar suspended or terminated, or in the event the Registrar Registration Agreement is terminated or expires, you shall be responsible for changing your registrar of record to a new CIRA certified registrar within 30 days of the earlier of notice thereof being given to the you by (i) us or (ii) CIRA in accordance with CIRA's then-current General Registration Rules; provided, however, that if any of your domain name registration(s) is scheduled to expire within 30 days of the giving of such notice, you shall have 30 days from the anniversary date of the registration(s) to register with a new CIRA certified registrar and to renew such domain name registration(s) in accordance with then-current General Registration Rules.
- You shall not, directly or indirectly, through registration or use of your .CA domain name or otherwise (i) violate or contribute to the violation of the intellectual property rights or other rights of any other person; (ii) defame or contribute to the defamation of any other person; or (iii) unlawfully discriminate or contribute to the unlawful discrimination of any other person.
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Netfirms, Ltd. and CIRA shall not be responsible in any way whatsoever:
- for the use of any .CA domain name in the Registry; and
- for any conflict or dispute with or any actual or threatened claim against us or you, including one relating to a registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium of an individual or any other intellectual property rights of a third party or relating to the defamation of or unlawful discrimination with respect to any other person.
- You agree that we may amend this Registration Agreement at any time, with or without notice to you, to reflect any amendments to the Registrar Registration Agreement or any other rules, policies, or guidelines established by the Registry.
- You acknowledge that registration of a .CA domain name does not create any proprietary right for you, us or any other person in the name used as a .CA domain name or the domain name registration and that the entry of a .CA domain name in the Registry or in the "WHOIS" look up system of the Registry shall not be construed as evidence or ownership of the registered .CA domain name. You shall not in any way transfer or purport to transfer a proprietary right in any .CA domain name registration, or grant or purport to grant as security or in any other manner encumber or purport to encumber a .CA domain name registration.
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You agree that:
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CIRA Dispute Policy.
- In the event of any dispute with respect to your registered .CA domain name, you agree to be bound by the CIRA Domain Name Dispute Resolution Policy ("CIRA Dispute Policy"), as it may be amended from time to time, which is hereby incorporated and made a part of this Registration Agreement by reference.
- You agree that, if the registration of your .CA domain name is challenged by a third party, you will be subject to the provisions specified in the CIRA 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 shall indemnify and hold Registrar harmless pursuant to the terms and conditions contained in the CIRA Dispute Policy.
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Transfer of Ownership.
- Netfirms, Ltd. will consider the entity named as the Administrative Contact for the .CA domain name at the time the controlling user name and password are secured as the agent of that domain name. In accordance with CIRA policy, a domain name's registrar and agent cannot be changed until at least 60 days after initial registration. You agree that, prior to the effectiveness of any transfer of ownership of your domain name to another person or entity, you will pay Netfirms, Ltd. the then-current amount set forth by Netfirms, Ltd. for the transfer of ownership of a domain name. You further agree that as a condition of any such transfer of ownership of your domain name, the entity to which you seek to transfer your domain name (the "Transferee") shall agree in writing to be bound by all terms and conditions of this Registration Agreement. Your domain name will not be transferred until we receive such written assurances, and actual payment of the transfer fee, or reasonable assurance of payment of the transfer fee from a third party (such reasonable assurance as determined by Netfirms, Ltd. in its sole discretion). You acknowledge and agree that if you attempt to transfer your domain name registration without paying Netfirms, Ltd. the then-current amount set by Netfirms, Ltd. for the transfer of ownership of a domain name, or if the entity to which you seek to transfer your domain name fails to agree in writing to be bound by all terms and conditions of this Registration Agreement, any such transfer will be null and void, and will result in your domain name registration being revoked without a refund of any charges you have incurred in attempting to register or transfer that domain name.
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Miscellaneous.
- You agree that Netfirms, Ltd. is not liable or responsible for any errors, omissions, or other actions by CIRA arising out of or related to your application or receipt of, or failure to receive, a .CA domain name registration. You further agree to indemnify, defend and hold harmless the administrators, directors, officers, employees, and agents of Netfirms, Ltd. and of CIRA 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 .CA domain name registration.
- You acknowledge and agree that Netfirms, Ltd. cannot guarantee that you will obtain a desired .CA domain name registration, even if an inquiry indicates that domain name is available, since Netfirms, Ltd. cannot know with certainty whether or not an application for a domain name which you are seeking is simultaneously being sought by a third party, or whether there are any inaccuracies or errors in the .CA domain name registration process or related databases maintained by CIRA.
- You acknowledge and agree that Netfirms, Ltd. does not check to see whether the .CA domain name you select, or the use you make of the domain name, infringes the legal rights of others. We urge you to investigate whether the .CA domain name you select, or its use, infringes the legal rights of others, and in particular we suggest you seek advice of competent counsel.
- You acknowledge and agree that Netfirms, Ltd. may be ordered by a court or administrative agency to cancel, modify, or transfer your domain name. You should also be aware that if we are sued or threatened with lawsuit in connection with your .CA domain name, we may turn to you to hold us harmless and to indemnify us.
- You acknowledge and agree that any of the following actions shall constitute a material breach of this Registration Agreement and will be sufficient basis for cancellation of your .CA domain name registration:
- willfully providing false or inaccurate information; willfully failing to update information promptly; or failing to respond to Netfirms, Ltd.' inquiries concerning the accuracy of contact details within fifteen (15) calendar days of request.
- You hereby consent to any and all such disclosures and use of, and guidelines, limits, and restrictions on disclosure or use of information, updated from time to time and provided in connection with registration of a .CA domain name, whether during or after term of the registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of the .CA domain name registration information.
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Definitions. The following definitions apply to this Section 23:
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.UK domains
Should you seek to register a .UK top level domain, you must agree to be bound by the following additional terms.
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REPRESENTATIONS AND WARRANTIES - You represent and certify that, to the best of your knowledge and belief:
- You are aware that registering a .UK domain name, involves you contracting with the Nominet which is the .UK Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.nominet.uk/go/terms.
- You agree to comply with all applicable laws, regulations and policies of Nominet available on their website at http://www.nominet.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
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EXPIRED DOMAIN POLICY
.UK domain owners can contact the Registrar of their domain name up to 6 months prior to domain expiry date to get their domain name renewed. Not renewing .UK domain name before its expiry date will result in suspension of the domain registration and other services associated with the domain name. After the expiry, .UK domain name will enter the renewal grace period of 90 days and Registrar will allow the domain owner to renew their domain name at normal renewal price for this period. If the domain name is not renewed within the 90 day period, it will be deleted and made available for fresh registration by the .UK registry. -
DOMAIN DISPUTE POLICY
You agree to submit to proceedings under the Dispute Resolution Service Policy set forth by Nominet. These policies are available at http://www.nominet.uk/disputes/when-use-drs/policy-and-procedure and are hereby incorporated and made an integral part of this Agreement.
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REPRESENTATIONS AND WARRANTIES - You represent and certify that, to the best of your knowledge and belief:
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.SX domains
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REGISTRANT REPRESENTATIONS AND WARRANTIES
- You represent and certify that, to the best of your knowledge and belief you are aware that registering a .SX domain name, involves you contracting with the SX Registry SA which is the .SX Registry, and agreeing to their Terms and Conditions of Domain Name Registration available on their website at http://www.registry.sx/registrars/legal
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Domain Name Holders expressly acknowledge and accept that the Registry shall be entitled (but not obliged) to reject an Application or to delete or transfer a Domain Name Registration:
- that does not contain complete and accurate information as described in these Policies, or is not in compliance with any other provision of these Policies; or
- to protect the integrity and stability of the Shared Registry System, and/or the operation and/or management of the .SX TLD; or
- in order to comply with applicable laws and regulations, and/or any decision by a competent court or administrative authority and/or any dispute resolution service provider the Registry may hereafter retain to oversee the arbitration and mediation of disputes; and/or any other applicable laws, regulations, policies or decrees; or
- to avoid any liability on behalf of the Registry, including their respective affiliates, directors, officers, employees, subcontractors and/or agents; or
- following the outcome of a Sunrise Reconsideration Proceeding.
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INDEMNIFICATION AND LIMITATION OF LIABILITY
- To the extent allowed under governing law, the Registry shall only be liable in cases where willful misconduct or gross negligence is proven. In no event shall the Registry be held liable for any indirect, consequential or incidental damages or loss of profits, whether contractual, based on tort (including negligence) or otherwise arising, resulting from or related to the submission of an Application, the registration or use of a Domain Name or to the use of the Shared Registry System or Registry Web Site, even if they have been advised of the possibility of such loss or damages, including but not limited to decisions taken by the Registry to register or not to register a Domain Name on the basis of the findings of or information provided by the IP Clearinghouse Operator, as well as the consequences of those decisions.
- To the extent allowed under applicable law, the Registry’s aggregate liability for damages shall in any case be limited to the amounts paid by the Accredited Registrar to the Registry in relation to the Application concerned (excluding additional fees paid by the Applicant to the Accredited Registrar or reseller, auction fees and/or reconsideration fees). The Applicant agrees that no greater or other damages may be claimed from the Registry (such as, but not limited to, any fees payable or paid by the Applicant in the context of any proceedings initiated against a decision by the Registry to register or not to register a Domain Name). The Applicant further agrees to submit to a binding arbitration for disputes arising from these Policies and related to the allocation of Domain Names.
- Applicants and Domain Name Holders shall hold the Registry harmless from claims filed or disputes initiated by third parties, and shall compensate the Registry for any costs or expenses incurred or damages for which they may be held liable as a result of third parties taking action against it on the grounds that the Applications for or the registration or use of the Domain Name by the Applicant infringes the rights of a third party. Applicant agrees to indemnify, keep indemnified and hold the Registry harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, Applicant’s registration or use of its .sx domain name.
- For the purposes of this Article, the term “Registry” shall also refer to its shareholders, directors, employees, members, subcontractors, the IP Clearinghouse Operator and their respective directors, agents, employees and subcontractors.
- The Registry, its directors, employees, contractors and agents (including the IP Clearinghouse Operator and the Auction Provider) are not a party to the agreement between an Accredited Registrar and its Applicants, its Domain Name Holders or any party acting in the name and/or on behalf of such Applicants or Domain Name Holders.
- DOMAIN DISPUTE POLICY You agree to be bound by the Uniform Domain Dispute Resolution Policy (UDRP), available at http://www.registry.sx/registrars/legal.html that is incorporated herein and made a part of this Agreement by reference.
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REGISTRANT REPRESENTATIONS AND WARRANTIES
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.TOP domains
Should you seek to register a .TOP TLD (“Registry TLD”) from Jiangsu Bangning Science & Technology Co., Ltd. (“Registry”), you must agree to be bound by the following additional terms. In the event that a term in this Section 26 conflicts with the Registration Agreement, the terms of this Section 26 shall apply to any and all .TOP domain registrations.
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You agree to comply with all ICANN standards, policies, procedures and practices for which the Registry has monitoring responsibility.
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You agree to comply with the operational standards, policies, procedures, and practices for the Registry TLDs established from time to time by the Registry.
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You agree to comply with all Registry policies (available at http://www.nic.top/en/policy.asp) and agree that the Registry policies are incorporated into this Registration Agreement.
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For common questions about Domains, the Renewal process, or general maintenance and support, please visit: https://my.fastdomain.com/hosting/help/domains-faq
For current Domain Renewal and Redemption fees please visit: https://my.fastdomain.com/hosting/help/pricing-domains
For current Registrant Educational Information and Registrants' Benefits and Responsibilities please visit: https://my.fastdomain.com/hosting/help/choosing-a-domain-name#additional-information
This file was last modified: June 5, 2023.