
This
Registration Agreement ("Agreement") sets forth the terms and conditions
of your use of domain name registration and related services ("Services").
In this Agreement "you" and "your" refer to you and the registrant listed
in the WHOIS contact information for the domain name. "We", "us" and "our"
refer to the registrars listed at the bottom of this document, any one of
which will be the registrar for your domain name and all of which share
common ownership, common terms and conditions, and a shared Services
infrastructure. To determine which registrar your domain name is
registered with, perform a WHOIS lookup at
IN2HOSTING.
You obtain the Services first through a Primary Service Provider, eNom,
Inc., with whom we have a wholesale relationship. Your relationship with
your Primary Service Provider may be governed by additional terms, as you
and your Primary Service Provider may agree. "We," "us" and "our" does not
include your Primary Service Provider, except when specifically mentioned
or unless your Primary Service Provider is one of us (i.e. if your Primary
Service Provider is also one of the registrars listed at the bottom of
this document).
YOU AGREE TO THIS AGREEMENT: By
using the Service(s), you agree to all terms and conditions of this
Agreement, the UDRP (defined below) and the rules, policies, or agreements
published in association with specific of the Service(s) and/or which may
be enforced by ICANN, the registries, and governments.
PASSAGE OF TIME: This Agreement will
change over time. If, as a result of such a change, you no longer agree
with the terms of this Agreement, you agree that your exclusive remedy is
to transfer your domain name registration services to another registrar or
request of us that we cancel your domain name registration services. If
you continue to use the Services following a change in this Agreement
and/or the Services, your continued use of the Services indicates your
consent to the changes. Any such revision or change will be binding and
effective within 30 days of when the revised Agreement or change to the
Service(s) is posted to the website of either the Primary or Backend
Service Providers, or 15 days after you view the revised Agreement or 15
days after notification is sent to the e-mail address provided in
association with your domain name registration. You agree to review this
Agreement periodically to make yourself aware of any such revisions.
YOUR ACCOUNT: You must create an account to
use the Services. Your account is typically going to be managed and/or
provided by your Primary Service Provider. You are responsible for
maintaining and updating all login IDs, passwords, and for all access to
and use of your account by you or any third party.
SERVICE(S) PROVIDED AT WILL AND
TERMINATION OF SERVICE(S): We and your Primary Service Provider may
reject your domain name registration application or elect to discontinue
providing Service(s) to you for any reason within 30 days of a Service
initiation or a Service renewal. Outside of this period, we and your
Primary Service Provider may terminate or suspend the Service(s) at any
time for cause, which, without limitation, includes registration of
prohibited domain name(s), abuse of the Services, payment irregularities,
serious allegations of illegal conduct, or if your use of the Services
involves us in a violation of any Internet Service Provider's ("ISP's")
acceptable use policies, including the transmission of unsolicited bulk
email. You agree that if we terminate or suspend the Services provided to
you under this Agreement, that we may then, at our option, make either
ourselves or a third party the beneficiary of Services which are
substantially similar to those which were previously providing to you and
that any reference in this Agreement to termination or suspension of the
Services to you includes this option. If we have grounds to terminate or
suspend Service(s) with respect to one domain name or in relation to other
Service(s) provided through your account, we may terminate or suspend all
Service(s) provided through your account, including Service(s) to other
domain names. No fee refund will be made when there is a suspension or
termination of Service(s) for cause. At any time and for any reason, we
may terminate the Services 30 days after we send notice of termination via
mail or email, at our option, to the WHOIS contact information provided in
association with your domain name registration. Following notice of
termination other than for cause, you must transfer your domain name or
risk that we may delete your domain name or suspend or modify Services to
it. If we terminate Services for a reason other than cause, we will
attempt to refund your fees. You further acknowledge and agree that your
registration of a domain name is subject to suspension, cancellation or
transfer by any ICANN procedure, by any registrar or registry
administrator procedures approved by an ICANN-adopted policy, to correct
mistakes by us, another registrar or the registry administrator in
administering the domain name or for the resolution of disputes concerning
the domain name.
OUR SERVICES: We are accredited
registrars with the Internet Corporation for Assigned Names and Numbers ("ICANN")
for Top Level Domain Names ("TLDs") (such as .com, .net, .org, .de, co.uk,
etc.). ICANN oversees registrations and other aspects of the TLDs. Domain
name registrations are not effective until the registry administrator puts
them into effect. For a list of registry administrators and for more
information on TLDs, see HYPERLINK
http://www.icann.org/tlds/. Domain name registrations are only for
limited terms, terms which end on the expiration date. For domain names
which are created as a new registration out of the available namespace,
the term begins on the date the domain name registration is acknowledged
by the applicable registry; for domain names registrations which were not
returned to the available namespace, the term begins on the date the
previous registrant's domain name registration was acknowledged by the
applicable registry. You agree that we and your Primary Service Provider
are not liable or responsible in any way for any errors, omissions or any
other actions by the registry administrator arising out of or related to a
request to register, renew, modify the settings for, or transfer of a
domain name registration (our limitation of liability is explained
further, below). You further agree that domain name registration is a
service, that domain name registrations do not exist independently from
services provided pursuant to this or a similar registration agreement
with a registrar, and that domain name registration services do not create
a property interest.
YOU
WARRANT THAT YOUR USE OF OUR SERVICES IS NOT GOING TO SUBJECT US TO ANY
CLAIM(S). You further agree to indemnify, defend and hold harmless us,
your Primary Service Provider, and applicable registry administrator(s)
(including Verisign Inc., Neulevel, Inc., Public Interest Registry,
Afilias Limited, and other registry operators listed at
http://www.icann.org/registries/listing.html) and all such parties'
directors, officers, employees, and agents from and against any and all
claims, damages, liabilities, costs, and expenses (including any direct,
indirect, incidental, special or consequential damages and reasonable
legal fees and expenses) arising out of, or related to, the domain name
registration services you are obtaining from us.
NOT INCLUDED IN THE SERVICES: Without limitation, the following are
not included in the Services: We cannot and do not check to see whether
the domain name(s) you select, or the use you make of the domain name(s),
or other of the Service(s), infringes legal rights of others. It is your
responsibility to know whether or not the domain name(s) you select or use
infringes legal rights of others. We might be ordered by a court to
cancel, modify, or transfer your domain name; it is your responsibility to
list accurate contact information in association with your account and to
communicate with litigants, potential litigants, and governmental
authorities. It is not our responsibility to forward court orders or other
communications to you. We will comply with court orders unless you contact
us to contest the order.
IF LAWSUIT(S) ARE THREATENED: If we are sued or threatened with
lawsuit in connection with Service(s) provided to you, we may turn to you
to indemnify us and to hold us harmless from the claims and expenses
(including attorney's fees and court costs). Under such circumstances, you
agree that you will, upon demand, obtain a performance bond with a
reputable bonding company or, if you are unable to obtain a performance
bond, that you will deposit money with us to pay for our reasonably
anticipated expenses in relation to the matter for the coming year. Such
deposit will be drawn down as expenses are incurred, with all account
notices sent to the WHOIS contact information provided in association with
your domain names and/or account. We shall not be obliged to extend you
any credit in relation to such expenses and we may terminate the Services
for a failure to make or renew such a deposit. We will return any unused
deposit upon the later of one year from deposit or the conclusion of the
matter.
DISPUTE
RESOLUTION POLICY: You agree to the Uniform
Domain Name Dispute Resolution Policy ("UDRP"),
which is available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm
and
http://www.icann.org/dndr/udrp/policy.htm .
You agree that the UDRP may be changed by ICANN
(or ICANN's successor) at any time. 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 your
domain name registration is disputed by the
third party. You also 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 of the UDRP. You
also understand that it is important for you to
regularly monitor email sent to the email
address associated with your account and domain
names because, among other reasons, if a dispute
arises regarding Services provided to you, you
may lose your rights to receive the Services if
you do not respond expeditiously to an email
sent in conjunction therewith.
FEES: As consideration for the Service(s),
renewal of the Service(s), and, if you select
it, automatic renewal of the Service(s), you
agree to pay, prior to the effectiveness of the
desired Service(s), the applicable Service(s)
fees. All fees are non-refundable, in whole or
in part, even if your domain name registration
is suspended, cancelled or transferred prior to
the end of your then current registration term,
unless this Agreement specifically provides for
a refund. At our option, we may require that you
pay fees through a particular payment means
(such as by credit card or by wire transfer) or
that you change from one payment provider to
another.
CREDIT CARD AND OTHER CHARGES: If you
have an issue with credit card charges, you
should contact your Primary Service Provider (if
any), first, and us, secondarily, regarding the
issue before you contact your credit card
company to request a charge back or reversal of
the charges. In the event of a charge back by a
credit card company (or similar action by
another payment provider allowed by us) in
connection with your payment of fees for any
Service(s), you agree that we and/or your
Primary Service Provider may suspend access to
any and all accounts you have with us and/or
your Primary Service Provider and that all
rights to and interest in and use of any domain
name registration(s) services, website hosting,
and/or email services, including all data hosted
on our systems and/or on the systems of your
Primary Service Provider shall be assumed by us
or your Primary Service Provider, as the case
may be. We will reinstate your rights to and
control over these Services solely at our
discretion, and subject to our receipt of the
unpaid fee(s) and our then-current reinstatement
fee, currently set at $200(US Dollars).
Reinstatement of Service(s) by your Primary
Service Provider may be according to the terms,
if any, between you and your Primary Service
Provider relating to reinstatement. Charges for
the Service(s) which use our credit card payment
processor will be identified on your credit card
statement as "Domain Name Registration." We are
not responsible for how charges appear on your
credit card statement when the transaction is
processed by your Primary Service Provider's or
another third party's credit card payment
processor.
EXPIRATION AND
RENEWAL OF SERVICE(S): You acknowledge that
it is your responsibility to keep your own
records and to maintain your own reminders
regarding when your domain name registration or
other Services are set to expire. As a
convenience to you, and not as a binding
commitment, we and/or your Primary Service
Provider may notify you via an email message or
via your account when renewal fees are due.
Should these fees go unpaid, your Services will
expire or be cancelled. Payment must be made by
credit card or such other method as we may allow
or require from time to time. If you select
automatic renewal of the Service(s), we may
attempt to renew the Service(s) a reasonable
time before expiration, provided your credit
card or other billing information is available
and up to date. You acknowledge that it is your
responsibility to keep your billing information
up to date and that we are not required to, but
that we may, contact you to update this
information in the event that an attempted
transaction is not processed successfully.
*please note: for certain TLDs, the automatic
renewal option is not available
ACCOUNT
CONTACT INFORMATION AND DOMAIN NAME WHOIS
INFORMATION: As further consideration for
the Service(s), you agree to provide certain
current, complete and accurate information about
you, both with respect to your account
information and with respect to the WHOIS
information for your domain name(s). You agree
to maintain and update this information as
needed to keep it current, complete and
accurate. With respect to you, the
administrative, technical, and billing contacts
for your domain name registration(s) and other
Service(s), you must submit the following: name,
postal address, e-mail address, voice telephone
number, and where available, fax number. You
agree that the type of information you are
required to provide may change and you
understand that, if you do not provide the newly
required information, your registration or
and/or other Service(s) may be suspended or
terminated or may not be renewed. Not providing
requested information may prevent you from
obtaining all Service(s). You may provide
information regarding the name-servers assigned
to your domain name(s) and, if we are providing
name-server services to you, the DNS settings
for the domain name. If you do not provide
complete name-server information, or if you
purchase "Name Only" Services, you agree that we
may supply this information (and point your
domain name to a website of our choosing) until
such time as you elect to supply the name-server
information or until such time as you elect to
upgrade from "Name Only" Services.
YOUR OBLIGATIONS AND REPRESENTATIONS RELATING
TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
In the event that, in registering a domain
name or obtaining other Service(s), you provide
information about or on behalf of a third party,
you represent that you have (a) provided notice
to that third party of the disclosure and use of
that party's information as set forth in this
Agreement, and (b) that you have obtained the
third party's express consent to the disclosure
and use of that party's information as set forth
in this Agreement. By registering a domain name
or applying for other Service(s) you also
represent that the statements in your
application are true and you also represent that
the domain name is not being registered or the
Services being procured for any unlawful
purpose. You acknowledge that providing
inaccurate information or failing to update
information promptly will constitute a material
breach of this Agreement and will be sufficient
basis for suspension or termination of Services
to you. You further agree that your failure to
respond for over ten (10) calendar days to
inquiries by us concerning the accuracy of
account and WHOIS contact information shall
constitute a material breach of this Agreement
and will be sufficient basis for suspension or
termination of Service(s) to you. As indicated
elsewhere in this Agreement, you understand that
it is important for you to regularly monitor
email sent to the email address associated with
your account and WHOIS contact information
because, among other reasons, if a dispute
arises regarding a domain name(s) or other
Service(s), you may loose your rights to the
domain name(s) or your right to receive the
Service(s) if you do not respond appropriately
to an email sent in conjunction therewith.
ACCESSING YOUR
ACCOUNT AND AN IMPORTANT LIMITATION OF OUR
LIABILITY: In order to change any of your
account or domain name WHOIS information, you
must access your account with your Primary
Service Provider (if any), or your account with
us. Please safeguard your account login
identifier and password from any unauthorized
use. You agree that any person in possession of
you account login identifier and password will
have the ability and your authorization to
modify your account and domain name information.
We will take reasonable precautions to protect
the information we obtain from you from loss,
misuse, unauthorized access or disclosure,
alteration or destruction of that information
and that such reasonable precautions include
procedures for releasing account access
information to parties who claim to have lost
account access information. You agree that, if
we take reasonable precautions in relation
thereto, that IN NO EVENT SHALL WE BE LIABLE IF
SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE
UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT
IDENTIFIER OR PASSWORD AND THAT, EVEN IF WE FAIL
TO TAKE REASONABLE PRECAUTIONS, THAT OUR
LIABILITY UNDER ANY CIRCUMSTANCES SHALL BE
LIMITED BY THE LIMITATION OF LIABILITY PROVISION
FOUND BELOW IN THIS AGREEMENT. If you contact us
alleging that a third party has unauthorized
access to your account or domain names, you
agree that we may charge you administrative fees
of $50 (US dollars) per hour for our time spent
in relation to the matter, regardless of whether
or not we return control over the account and/or
domain names to you.
TRANSFERS: You agree that transfer of
your domain name(s) services shall be governed
by ICANN's transfer policy, available at
http://www.icann.org/transfers/, as this
policy may be modified from time to time. You
agree that we may place a "Registrar Lock" on
your domain name services and that this will
prevent your domain name services from being
transferred without your authorization, though
we are not required to do so. By allowing your
domain name services to remain locked, you
provide express objection to any and all
transfer requests until the lock is removed. To
transfer your domain name(s) you should first
login to your account to lock or unlock your
domain name(s) and/or to obtain the EPP "AuthCode"
which is required to transfer domain services in
an EPP registry (such as .org). Alternatively,
you should contact your Primary Service Provider
to have your domain name(s) services locked or
unlocked or to obtain the EPP "AuthCode." If
your Primary Service Provider is unresponsive,
you may contact us to have your domain name(s)
locked or unlocked or to obtain the EPP "AuthCode"
though we may first contact your Primary Service
Provider to request that the Primary Service
Provider address the request. Only the
registrant and the administrative contacts
listed in the WHOIS information may approve or
deny a transfer request. Without limitation,
domain name services may not be transferred
within 60 days of initial registration, within
60 days of a transfer, if there is a dispute
regarding the identity of the domain name
registrant, if you are bankrupt, or if you fail
to pay fees when due. We will follow the
procedures for both gaining and loosing
registrars as outlined in ICANN's transfer
policies. Transfer requests typically take five
business days to be processed. A transfer will
not be processed if, during this time, the
domain name registration services expire in
which event you may need to reinstate the
transfer request. You may be required to
resubmit a transfer request if there is a
communication failure or other problem at either
our end or at the registry. AS A CONSEQUENCE,
YOU ACKNOWLEDGE THAT YOU ASSUME ALL RISK FOR
FAILURE OF A TRANSFER IF THE TRANSFER PROCESS IS
INITIATED CLOSE TO THE END OF A REGISTRATION
TERM.
PRIVACY POLICY: You agree and consent
that we will make available the domain name
registration information you provide or that we
otherwise maintain to the following parties:
ICANN, the registry administrator(s), and to
other third parties as ICANN and applicable laws
may require or permit (including through
web-based and other on-line WHOIS lookup
systems), whether during or after the term of
your domain name registration services 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 such
information. Additionally, you acknowledge that
ICANN may establish or modify the guidelines,
limits and/or requirements that relate to the
amount and type of information that we may or
must make available to the public or to private
entities, and the manner in which such
information is made available. Information
regarding ICANN's guidelines and requirements
regarding WHOIS can be found at
http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm,
and elsewhere on the ICANN website at
http://www.icann.org/index.html. You agree
that we may make publicly available, or directly
available to third parties, some, or all, of the
information you provide, for purposes of
inspection (such as through our WHOIS service)
or for targeted marketing and other purposes as
required or permitted by applicable laws. One of
the ways that we may make some or all of the
information you provide available to the public
or third parties is by way of bulk WHOIS data
access provided to third parties who enter into
a bulk WHOIS data access agreement with us.
Please
click here if you would like your WHOIS
information made available for bulk access. We
reserve the right to discontinue providing bulk
WHOIS data access to third parties.
OWNERSHIP OF INFORMATION AND DATA: You
agree and acknowledge that we own all database,
compilation, collective and similar rights,
title and interests worldwide in our domain name
database, and all information and derivative
works generated from the domain name database.
You further agree and acknowledge that we own
the following information for those
registrations for which we are the registrar:
(a) the original creation date of the
registration, (b) the expiration date of the
registration, (c) the name, postal address,
e-mail address, voice telephone number, and
where available fax number of all contacts for
the domain name registration, (d) any remarks
concerning the registered domain name that
appear or should appear in the WHOIS or similar
database, and (e) any other information we
generate or obtain in connection with the
provision of domain name registration services,
other than the domain name being registered, the
IP addresses of the primary nameserver and any
secondary nameservers for the domain name, and
the corresponding names of those nameservers. We
do not have any ownership interest in your
specific personal registration information
outside of our rights in our domain name
database.
AGENTS AND LICENSES: You agree that, if
you are registering a domain name for or on
behalf of someone else, you represent that you
have the authority to nonetheless bind that
person as a principal to all terms and
conditions provided herein. You agree that if
you license the use of the domain name
registered to you to a third party, you
nonetheless remain the domain name holder of
record, and remain responsible for all
obligations under this Agreement, including but
not limited to payment obligations, and
providing (and updating, as necessary) both your
own full contact information, and accurate
technical, administrative, billing and zone
contact information adequate to facilitate
timely resolution of any problems that arise in
connection with the domain name and domain name
registration.
USE OF FREE SERVICES: In consideration
for providing additional optional Services for
which we do not charge an additional fee,
including, but not limited to, URL forwarding,
email forwarding, free parking page, free
website hosting, free email services, or other
services which we may introduce from time to
time but for which there is not a separate fee
("Free Services"), you agree that, if you use
such Free Services, we may display advertising
in conjunction therewith through the use of
pop-up or pop-under browser windows, banner
advertisements, audio or video streams,
appendices to emails, or other similar
advertising means, and that we may aggregate
related usage data by means of cookies and other
similar means. You agree that from time to time
we may provide you with free or low-cost domain
name(s) services ("Promotional Name(s)"). If we
do so, the services for the Promotional Name(s)
will be placed in the same account as your other
domain name(s) and you will be listed as the
registrant, though we may point the Promotional
Name to IP address(es)of our choosing. If you
want to assume control over the services
provided to the Promotional Name, including the
right to transfer or push the Promotional Name
service to other registrars or other accounts or
the ability to control the DNS settings for the
Promotional Name, you must pay the promotional
registration fee or renewal fee, if any, and
agree to the terms of this Agreement with
respect to such Promotional Name(s). If you do
not want the Promotional Name services, you may
request that you be removed as the registrant of
such Promotional Names and we will be listed as
the domain name registrant. Alternatively, you
may contact us or your Primary Service Provider
to request that we delete the Promotional Name
from the namespace. For any domain name
services, including these Promotional Names, for
which you are listed as registrant but for which
you do not pay the registration or renewal fee,
you agree that we may assign name-servers to the
domain name and point the domain name to IP
address(es) designated by us until the
registration or renewal fee is paid.
AFTER EXPIRATION OF THE TERM OF A DOMAIN NAME
REGISTRATION: Immediately after the
expiration of the term of domain name
registration services and before deletion of the
domain name in the applicable registry's
database, you acknowledge that we may direct the
domain name to name-servers and IP address(es)
designated by us, including, without limitation,
to no IP address or to IP address(es) which host
a parking page or a commercial search engine
that may display advertisements, and you
acknowledge that we may either leave your WHOIS
information intact or that we may change the
contact information in the WHOIS output for the
expired domain name so that you are no longer
the listed registrant of the expired domain
name.
Reactivation
Period Process. For a period of approximately 30
days after expiration of the term of domain name
registration services, you acknowledge that we
may provide a procedure by which expired domain
name registration services may be renewed. You
acknowledge and agree that we may, but are not
obligated to, offer this process, called the
"reactivation period." You acknowledge that you
assume all risks and all consequences if you
wait until close to or after the expiration of
the original term of domain name registration
services to attempt to renew the domain name
registration services. You acknowledge that we,
for any reason and in our sole discretion, may
choose not to offer a reactivation period and
that we shall not be liable therefore. You
acknowledge that reactivation period renewal
processes, if any, may involve additional fees
which we and your Primary Service Provider may
determine. You acknowledge and agree that we may
make expired domain name services(s) available
to third parties, that we may auction off the
rights to expired domain name services (the
auction beginning close to the end or after the
end of the reactivation period), and/or that
expired domain name registration services may be
re-registered to any party at any time.
After the
reactivation period, you agree that we may
either (i) discontinue the domain name
registration services at any time thereafter,
(ii) that we may pay the registry's registration
fee or otherwise provide for the registration
services to be continued, or, (iii) if we
auctioned the domain name services to a third
party, that we may transfer the domain name
registration services to such third party.
In the case of (i),
above, you acknowledge that certain registry
administrators may provide procedures by which
discontinued domain name registration services
may nonetheless be renewed. You acknowledge and
agree that we may, but are not obligated to,
participate in this process, typically called
the "Redemption Grace Period" ("RGP"). You
acknowledge that we, for any reason and in our
sole discretion, may choose not to participate
in the RGP process with respect to any or all of
your domain name registration services and that
we shall not be liable therefore. If available,
RGP typically ends between 30 and 42 days after
the end of the reactivation period of the domain
name services, as the reactivation period
applied to you. The typical RGP fee is $160 plus
any registration fees. You agree that we are not
obliged to contact you to alert you that the
domain name registration services are being
discontinued.
In the case of
(ii), above, you acknowledge that we may then
set the name-servers and the DNS settings for
the domain name services, that we set the DNS to
point to no IP address or to IP address(es)
which host parking page(s) or a commercial
search engine that may display paid
advertisements, and you acknowledge that we may
change the contact information in the WHOIS
output for the expired domain name so that you
are no longer the listed registrant of the
expired domain name. You acknowledge that we do
not have to pay you any of the proceeds, if any,
we may earn as a result. You agree that we are
not obliged to contact you to alert you that the
domain name registration services are being
continued. In this case, the domain name will be
designated as being in the extended redemption
grace period ("ERGP"), and you will be allowed
to assume, during the first 120 days of the then
extant registration term, complete management of
the domain name services, including the right to
control the DNS settings, provided that you pay
a fee of $160 (US dollars) plus any registration
fees. After the end of the 120-day period, if
you do not exercise your rights under this
provision, you agree that you have abandoned the
domain name services, and relinquish all rights
and use of the domain name services.
In the case of
(iii), above, the third party who won the
auction for the domain name services will
control the domain name services, including
control over the WHOIS information and the DNS
settings. You may recover the domain name
registration services for a period of up to 42
days after the end of the reactivation period,
as such reactivation period applied to you. You
agree that we are not obliged to contact you to
alert you that the domain name registration
services are or were auctioned. You acknowledge
that we do not have to pay you any of the
proceeds, if any, we may earn as a result of
such an auction. To exercise your rights to
recover auctioned domain name services, you must
contact us and provide us with a certified
letter addressed to "Expiration Recovery" and
including documents setting forth your identity
and address, which identity and address must be
the same as that of the registrant as it was
listed in the WHOIS information for the domain
name services prior to expiration, a copy of a
commonly accepted (in the United States) picture
ID (such as a drivers license or passport) which
supports your identity and address claim, a
front and back photocopy of your credit card and
you must a statement authorizing payment of the
reinstatement fee to such credit card, which is
$160 plus any registration fees. In doing so,
you must provide us with sufficient time to
allow us to receive and evaluate your documents
and to contact the auction winner prior to the
end of 30 days after the end of the reactivation
period of the domain name services.
LIMITATION OF LIABILITY:
YOU AGREE THAT WE WILL NOT BE LIABLE FOR ANY (1)
SUSPENSION OR LOSS OF THE SERVICE(S), INCLUDING,
WITHOUT LIMITATION, DOMAIN NAME REGISTRATION
SERVICES, (2) USE OF THE SERVICE(S), INCLUDING,
WITHOUT LIMITATION DOMAIN NAME REGISTRATION
SERVICES, (3) INTERRUPTION OF OUR SERVICES OR
INTERRUPTION OF YOUR BUSINESS, (4) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR
SERVICE(S) OR DELAYS OR ACCESS INTERRUPTIONS YOU
EXPERIENCE IN RELATION TO A DOMAIN NAME
REGISTERED WITH US; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF OR EVENTS BEYOND OUR
CONTROL (6) DATA NON-DELIVERY, MIS-DELIVERY,
CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(7) THE PROCESSING OF AN APPLICATION FOR A
DOMAIN NAME REGISTRATION; (8) LOSS OR LIABILITY
RESULTING FROM THE UNAUTHORIZED USE OR MISUSE OF
YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (9)
APPLICATION OF THE DISPUTE POLICY. YOU ALSO
AGREE THAT NEITHER WE NOR YOUR PRIMARY SERVICE
PROVIDER WILL BE LIABLE FOR ANY INDIRECT,
SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF
ANY KIND (INCLUDING LOST PROFITS) REGARDLESS OF
THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), OR OTHERWISE, EVEN IF WE
OR YOUR PRIMARY SERVICE PROVIDER HAVE BEEN
ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN
NO EVENT SHALL OUR OR YOUR PRIMARY SERVICE
PROVIDER'S MAXIMUM AGGREGATE LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF
THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN
FOUR HUNDRED DOLLARS ($400.00 US Dollars).
BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION
OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR
INCIDENTAL DAMAGES, IN SUCH STATES, OUR AND/OR
YOUR PRIMARY SERVICE PROVIDER'S LIABILITY SHALL
BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY
LAW.
INDEMNITY:
With respect to ICANN, the registry operators,
us, and your Primary Service Provider, as well
as the contractors, agents, employees, officers,
directors, shareholders, and affiliates of such
parties, you agree to release, indemnify, and
hold such parties harmless from all liabilities,
claims and expenses, including attorney's fees
and court costs, for third party claims relating
to or arising under this Agreement, the
Service(s) provided hereunder, or your use of
the Service(s), including, without limitation,
infringement by you, or by anyone else using the
Service(s) we provide to you, of any
intellectual property or other proprietary right
of any person or entity, or from the violation
of any of our operating rules or policies
relating to the Service(s) provided. When we may
be involved in a suit involving a third party
and which is related to our Service(s) to you
under this Agreement, we may seek written
assurances from you in which you promise to
indemnify and hold us harmless from the costs
and liabilities described in this paragraph.
Such written assurances may include, in our sole
discretion, the posting of a performance bond(s)
or other guarantees reasonably calculated to
guarantee payment. Your failure to provide such
assurances may be considered by us to be a
breach of this Agreement by you and may, in our
sole discretion, result in loss of your right to
control the disposition of domain name services
for which you are the registrant and in relation
to which we are the registrar of record. This
indemnification is in addition to any
indemnification required under the UDRP.
REPRESENTATIONS AND WARRANTIES: YOU
REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE
AND BELIEF, NEITHER THE REGISTRATION OF A DOMAIN
NAME NOR THE MANNER IN WHICH IT IS DIRECTLY OR
INDIRECTLY USED NOR THE USE OF OTHER OF THE
SERVICE(S) INFRINGES THE LEGAL RIGHTS OF A THIRD
PARTY. YOU FURTHER REPRESENT AND WARRANT THAT
ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR PROCUREMENT OF THE SERVICE(S) IS
ACCURATE. ALL SERVICE(S) ARE PROVIDED TO YOU "AS
IS" AND WITH ALL FAULTS. EXCEPT FOR OUR
STATEMENT REGARDING OUR ACCREDITATION AS ICANN-APPROVED
DOMAIN NAME REGISTRARS, WE MAKE NO
REPRESENTATIONS OR WARRANTIES OF ANY KIND
WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION
WITH THIS AGREEMENT OR THE SERVICE(S), INCLUDING
BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY
OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH
REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY
EXCLUDABLE. WITHOUT ANY LIMITATION TO THE
FOREGOING, WE MAKE NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT
REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS
AGREEMENT WILL IMMUNIZE YOU EITHER FROM
CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR
FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE
DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND
AND AGREE THAT ANY MATERIAL AND/OR DATA
DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF OUR E-MAIL FORWARDING OR OTHER EMAIL 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
OUR E-MAIL SERVICE(S) OR ANY TRANSACTIONS
ENTERED INTO THROUGH OUR E-MAIL SERVICE(S). NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN,
OBTAINED BY YOU FROM US SHALL CREATE ANY
WARRANTY NOT EXPRESSLY MADE HEREIN. SOME
JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF
CERTAIN WARRANTIES, SO SOME OF THE ABOVE
EXCLUSIONS MAY NOT APPLY TO YOU.
GOVERNING LAW
AND JURISDICTION FOR DISPUTES: Except as
otherwise set forth in the UDRP or any similar
ccTLD policy with respect to any dispute over a
domain name registration this Agreement, your
rights and obligations and all actions
contemplated by this Agreement shall be governed
by the laws of the United States of America and
the State of Washington, as if the Agreement was
a contract wholly entered into and wholly
performed within the State of Washington. You
agree that any action brought by you to enforce
this Agreement or any matter brought by you and
which is against or involves us and which
relates to your use of the Services shall be
brought exclusively in the United States
District Court for the Western District of
Washington, or if there is no jurisdiction in
such court, then in a state court in King
County, Washington state. You consent to the
personal and subject matter jurisdiction of any
state or Federal court in King County,
Washington state in relation to any dispute
between you and us under this Agreement. You
agree that service of process on you by us in
relation to any dispute arising under this
Agreement may be served upon you by first class
mail to the address listed by you in your
account and/or domain name WHOIS information or
by electronically transmitting a true copy of
the papers to the email address listed by you in
your account and/or domain name WHOIS
information. Notwithstanding the foregoing, for
the adjudication of third party disputes (i.e.,
disputes between you and another party, not us)
concerning or arising from use of domain names
registered hereunder, you acknowledge and agree
that you shall submit, without prejudice to
other potentially applicable jurisdictions, to
the jurisdiction of the courts (a) of the domain
name holder's domicile, and (b) where we are
located, currently Bellevue, W.A.
NOTICES: You agree that any notices
required to be given under this Agreement by us
to you will be deemed to have been given if
delivered in accordance with the account and/or
domain name WHOIS information you have provided.
INFANCY: You attest that you are of legal
age to enter into this Agreement.
GENERAL: This Agreement and the UDRP,
together with all modifications, constitute the
complete and exclusive agreement between you and
us, and supersede and govern all prior
proposals, agreements, or other communications.
Nothing contained in this Agreement shall be
construed as creating any agency, partnership,
or other form of joint enterprise between the
parties. The failure of us to require your
performance 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. In the event that any
provision of this Agreement shall be
unenforceable or invalid under any applicable
law or be so held by applicable court decision,
such unenforceability or invalidity shall not
render this Agreement unenforceable or invalid
as a whole. We will amend or replace such
provision with one that is valid and enforceable
and which achieves, to the extent possible, our
original objectives and intent as reflected in
the original provision. This Agreement may not
be amended or modified by you except by means of
a written document signed by both you and an
authorized representative of us.
THE FOLLOWING
REGISTRARS ARE
REFERENCED IN THIS
DOCUMENT:
Afterdark Domains,
Incorporated
Arab Internet
Names,
Incorporated
AsiaDomains,
Incorporated
Big House
Services, Inc.
Blisternet,
Incorporated
Dagnabit,
Incorporated
DBMS, Incorporated
Domain Rouge, Inc.
Domainnovations,
Incorporated
Dropoutlet,
Incorporated
eNom, Incorporated
eNom Corporate,
Inc.
eNom1, Inc.
eNom2, Inc.
eNom3, Inc.
enom371,
Incorporated
enom373,
Incorporated
enom375,
Incorporated
enom377,
Incorporated
enom379,
Incorporated
enom381,
Incorporated
enom383,
Incorporated
enom385,
Incorporated
enom387,
Incorporated
enom389,
Incorporated
enom391,
Incorporated
enom393,
Incorporated
enom395,
Incorporated
enom397,
Incorporated
enom399,
Incorporated
enom403,
Incorporated
enom405,
Incorporated
enom407,
Incorporated
enom409,
Incorporated
enom411,
Incorporated
enom413,
Incorporated
enom415,
Incorporated
enom417,
Incorporated
enom419,
Incorporated
enom421,
Incorporated
enom423,
Incorporated
enom425,
Incorporated
enom427,
Incorporated
enom429,
Incorporated |
enom431,
Incorporated
enom433,
Incorporated
enom435,
Incorporated
enom437,
Incorporated
enom439,
Incorporated
enom441,
Incorporated
enom443,
Incorporated
enom445,
Incorporated
enom447,
Incorporated
enom449,
Incorporated
enom451,
Incorporated
enom453,
Incorporated
enom455,
Incorporated
enom457,
Incorporated
enom459,
Incorporated
enom461,
Incorporated
enom463,
Incorporated
enom465,
Incorporated
enom467,
Incorporated
enom469,
Incorporated
enom623,
Incorporated
enom635,
Incorporated
enom646,
Incorporated
enom647,
Incorporated
enom650,
Incorporated
enom652,
Incorporated
enom654,
Incorporated
enom655,
Incorporated
enom656,
Incorporated
enom659,
Incorporated
enom661,
Incorporated
enom662,
Incorporated
enom663,
Incorporated
enom666,
Incorporated
enom672,
Incorporated
enom1008,
Incorporated
enom1009,
Incorporated
enom1010,
Incorporated
enom1012,
Incorporated
enom1013,
Incorporated
enom1014,
Incorporated
enom1033,
Incorporated
enom1034,
Incorporated
enom1035,
Incorporated |
enom1036,
Incorporated
enom1037,
Incorporated
enom1038,
Incorporated
eNom5, Inc.
eNomAu, Inc.
eNombre
Corporation
eNomEU, Inc.
eNomfor, Inc.
eNomGMP Services,
Inc.
eNomMX, Inc.
eNomnz, Inc.
eNomsky
eNomToo, Inc.
eNomV, Inc.
eNomWorld, Inc.
eNomX, Inc.
Entertainment
Names,
Incorporated
Extra Threads
Corporation
FeNomINAL, Inc.
Fushi Tarazu,
Incorporated
Gunga Galunga,
Inc.
Indirection
Identity
Corporation
Internet Internal
Affairs
Corporation
Kingdomains,
Incorporated
Mark Barker
Incorporated
Mobile Name
Services,
Incorporated
Name Nelly
Corporation
Name Thread
Corporation
Nerd Names
Corporation
Nom Infinitum
Corporation
One Putt, Inc
PostalDomains,
Incorporated
Private Domains,
Incorporated
Retail Domains,
Inc.
SBSNames,
Incorporated
Searchnresq, Inc.
Sicherregister,
Incorporated
Sipence,
Incorporated
Sssasss,
Incorporated
Traffic Names,
Incorporated
TravelDomains,
Incorporated
Vedacore, Inc
Whiteglove
Domains,
Incorporated
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