Table of Contents
- Domain Names
- Domain Name Registration Agreement
- .au Domain Registrant Agreement
- gTLD Domain Registrant Agreement (.com, .net, .biz, .org, .info, .mobi)
- New gTLD Domain Registration Agreement
- .cn Domain Registrant Agreement
- .nz Domain Registrant Agreement
- .uk Domain Registrant Agreement
- Mandated Provisions for gTLD Domain Name Registrations (ICANN RAA 2013 — Section 3.7.7)
- Domain Privacy
- cPanel Hosting and Email
- Virtual Private Server
- SSL Certificates
Updated July 2020
Service Terms
You are also required to read and agree to the Terms & Conditions
1 Domain Names
Ripple Networking is an authorised reseller of domain services for the registrar, Domain Directors Pty Ltd (operating as TPP Wholesale) ABN 13 100 504 596.
The domain name registrant explicitly confirms that Ripple Networking will act as the Designated Agent in the event of any material change to domain name registrant data.
2 Domain Name Registration Agreement
2.1 Registration Agreement
- This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of a domain name to Domain Directors Pty Ltd for the purpose of becoming the licensee of a particular domain name.
- This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. You agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
2.2 Rules of Registration
- A registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
- We do not warrant or guarantee that the domain name applied for will be registered in your name or is capable of being registered by you, even if we have accepted your payment for registration. Accordingly, you should take no action in respect of your requested domain name(s) until you have been notified that your requested domain name has been registered.
- Both the registration of the domain name and its ongoing use are subject to the relevant naming authority''s terms and conditions of use and you are responsible for ensuring that you are aware of those terms and conditions and can and do comply with them. You irrevocably waive any claims you may have against us in respect of the decision of a naming authority to refuse to register a domain name and, without limitation agree that the administration charge paid by you to us shall be non-refundable in any event.
- We accept no responsibility in respect of the use of a domain name by you. Any dispute between you and any other individual or organisation regarding a domain name must be resolved between the parties concerned and we will take no part in any such dispute. We reserve the right, on our becoming aware of such a dispute, at our sole discretion and without giving any reason, to either suspend or cancel the domain name, and/or to make appropriate representations to the relevant naming authority.
- You agree that should this Registration Agreement be terminated by any party, or if the domain name expired or transferred to another registrar, any other services that may be associated with the domain name will remain active. The customer of these other services will continue to be billed in accordance with the relevant terms and conditions.
- Outbound domain transfers from Ziphosting to Ripple Networking incur a $20 AUD administration charge invoiced to the gaining account. This charge is not applicable for domains transferring for the purpose of ordering other Ripple Networking services.
2.3 TLD Specific Terms
The following provisions apply to this Registration Agreement depending on the TLD space of the domain name.
- .com.au and .net.au domains can only be registered by an Australian registered company, or business with a registered business number (ABN, BRN, BN). You will need to supply this number during the order process. The domain name you order will need to be an exact match, acronym or abbreviation of the supplied business registration, or it should bear a close and substantial connection to the domain name. Domains can be two to 63 letters in length. Words can be separated by hyphens but not spaces. View the .au Domain Registrant Agreement
- .org.au and .asn.au can only be registered by a "non-commercial organisation". The domain name you register needs to have a solid relationship to the organisation to which it represents. View the .au Domain Registrant Agreement
- .id.au is intended for individuals who reside in Australia. It can be an exact match, abbreviation or acronym of registrant's personal name or otherwise closely connected to the registrant. View the .au Domain Registrant Agreement
- .com and .net domain names are not restricted and can be registered by anyone. View the gTLD Domain Registrant Agreement
- .org, .info and .mobi domain names are not restricted and can be registered by anyone. View the gTLD Domain Registrant Agreement
- New gTLD domain names include a number of generic spaces (.photography, .technology, .club, etc.) and certain geographical names (.kiwi, .melbourne, etc.). Eligibility restrictions may apply to each space — please check the New gTLD Domain Registration Agreement for further information.
- .nz domains are intended for people in, or with ties to, New Zealand. Anyone can register them – there are no restrictions on .nz domain names. View the .nz Domain Registrant Agreement
- .uk domains are intended for people in, or with ties to, the United Kingdom. Anyone can register them – there are no restrictions on .uk domain names. View the .uk Domain Registrant Agreement
- .mobi domains are intended for websites designed for a mobile device. Anyone can register them – there are no restrictions on .mobi domain names.
- .cn domains can no longer be registered in Australia. This information is for reference purposes only. View the .cn Domain Registrant Agreement
2.4 ICANN Mandated Terms and Materials
Domain Directors Pty Ltd is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we are required to incorporate mandatory terms and materials into our Terms and Conditions. When you submit an application to register a gTLD domain name, you are stating that you have read and understood the following documents, and you agree to be bound by them:
1.5 Renewal / Expiration of the Domain Name License
Ripple Networking will send certain domain expiration notices by email to you prior to and following (where applicable) the Expiry Date of the domain name license, as required by the ICANN Expired Registration Recovery Policy. If you have selected the auto-renewal option, we will attempt to renew your domain name prior to its expiration. Where you have not elected to have your domain name automatically renewed, you may renew your domain name with Ripple Networking at any time before the date thirty (30) days after the Expiry Date (Renewal Deadline). You acknowledge that certain registry authorities offer a further period after the Renewal Deadline during which a registrant may renew their domain name before it is available for re-registration by other parties. If your domain name has not otherwise been dealt with under the terms of this Registration Agreement, your domain name will be cancelled at the registry after which you may be eligible for a further thirty (30) day Registry Redemption Grace Period during which you may redeem your domain name by paying to us the redemption fee.
2 Domain Privacy Services
All WHOIS privacy applications are subject to the relevant requirements and policies of My Private Registration and are based on your agreement to the terms of these services upon sign-up. By applying for and using WHOIS Privacy Services either directly or through a third party of private registry authority, you understand and agree to all policies, both provided and referred by My Private Registration.
3 cPanel Hosting
General
3.1 All hosting plans are allocated bandwidth and storage depending on the service plan you have selected. If you exceed your plan limits, you may purchase additional bandwidth and/or storage, failing which your account may be suspended or we may charge you an additional fee, at our sole discretion.
3.2 Any action or process that consumes resources beyond a reasonable level and thus degrades the shared environment for other users is expressly prohibited. This includes but is not limited to:
- Running standalone, automated server-side processes including, but not limited to any daemon;
- Running any bit torrent application, tracker or client;
- Participating in file sharing or other peer to peer sharing activity;
- Executing any script for longer than 180 seconds;
- Executing any database query that takes longer than 30 seconds to complete;
- Specifying cron tasks that execute more frequently than every 300 seconds;
- Crypto mining;
- Hosting streaming services, such as Plex.
3.3 If we determine that any site on our servers is using too much of the server's resources and degrading the shared environment, we reserve the right to suspend the account attached to that site without prior notice.
3.4 We perform snapshots of server data daily and these are retained for fourteen (14) days only. You shall be solely responsible for maintaining backup copies of your server content and information. Our servers are not an archive and we shall have no liability to you or any other person for loss, damage or destruction of any of your content.
Traffic/Bandwidth
3.5 You agree to accept additional charges for the transit of IP traffic above and beyond the amount specified as a limit in any Service plan. All excess data will be charged at the rate of 5.5c/MB to the nearest whole MB and will be invoiced monthly in arrears. Ripple Networking will provide an online interface allowing authorised users to monitor website data traffic. This includes both inbound and outbound traffic.
3.6 Hosting service plans which specify UNLIMITED data transfer are always subject to our Acceptable Use Policy at all times. Should your site exceed data transit of greater than 5Mb/sec, or otherwise degrade the network performance for other users, the account will be subject to review and possible suspension.
Storage Usage
3.7 The disk space associated with your plan should only be used for files required for the normal operation of your website, or, which are linked to in that website. You must not use this service as an online file repository.
3.8 Any site that uses greater than 89,000 number of files or inodes (every file on your hosting account uses 1 inode or 1 file), or that causes an impact to the filesystem by consuming excessive storage, will be subject to review and possible suspension, and we may delete files that do not meet our hosting criteria.
Email Hosting
3.9 Email Hosting services are subject to storage limitations outlined in your plan. You must comply with our notices to reduce your mailbox size. If you fail to respond to our requests within a reasonable time, we may block email sending/receipt or auto-delete emails in order to help manage your storage limits.
3.10 For any service plan which specifies UNLIMITED email accounts, should the mail boxes associated with your account exceed more than 1,000,000 aggregate messages, the account will be subject to review and possible suspension.
3.11 For any service plan that includes "Professional Email" powered by Microsoft Office 365, the following terms apply:
- Professional Email comprises of an email hosting facility operated by our supplier Microsoft Corporation (Microsoft) in conjunction with a domain name registered and supplied separately by you (Supplied Domain Name). Depending on your service plan, the Service may also include software licences for Microsoft products (Microsoft Software) which will be available to you during the term of Service and revoked at the termination of Service.
- You acknowledge and accept that it is your responsibility to register, maintain and renew the Supplied Domain Name associated with the Service. Should the Supplied Domain Name expire or fail for any reason causing the functioning of the Service to be affected, you agree that you will remain liable for any ongoing Service fees.
- We will setup and provision your desired email address mailboxes (Mailboxes) on the Service using the Supplied Domain Name and notify you once this has completed. If you wish to add or remove Mailboxes from the Supplied Domain Name, you must contact us to provision such changes. Creation/deletion/modification of Mailboxes may take up to three (3) business days to process. Additional charges may apply to add Mailboxes to your Service.
- This Service does not include data migration support. You acknowledge and accept that it is your responsibility to backup and migrate data between this Service and any other email hosting facility. You agree that we are not responsible for any data loss that may occur during the provisioning of this Service or data migration to/from this Service.
- We will provide you with technical support to setup, access and use your Mailboxes as part of this Service. You acknowledge and agree that technical support for Microsoft Software may be limited to online resources only.
- You acknowledge you have read and agree to be bound by:
- the Microsoft Customer Agreement; and
- any other terms by Microsoft related to this Service.
- You warrant that:
- you have all necessary rights to any software, services or data you may use with this Service; and
- your access and use of this Service will not infringe any applicable laws or regulations or third party's intellectual property rights.
- You acknowledge and consent to Microsoft receiving, accessing, transferring, processing and disclosing your personal information and data as required to provide the Service to you in accordance with these Service Terms.
- You acknowledge and agree that Microsoft and any affiliated/related entity has the right to require due performance of these Service Terms.
4 Virtual Private Server
Acceptable Use
4.1 You and your end users must abide by the terms of our Acceptable Use Policy. We reserve the right to suspend your service if you breach our Acceptable Use Policy and to terminate your service in the event of three (3) suspensions of the service as a result of your failure to resolve issues that we have brought to your attention.
4.2 You will be charged for data traffic above and beyond the amount included you your plan. Excess traffic will be charged at the rate of $10/GB to the nearest whole GB.
4.3 The following activities are expressly prohibited:
- Any action or process that unreasonably consumes resources and degrades the shared environment for other users including but not limited to execution of scripts;
- Running standalone, automated server-side processes including but not limited to any daemon.
- Running any bit torrent application, tracker or client;
- Participating in file sharing or other peer to peer sharing activity
- Executing any script for longer than 180 seconds;
- Executing any database query that takes longer than 30 seconds to complete;
- Specifying cron tasks that execute more frequently than every 300 seconds.
Service Levels
4.4 Ripple Networking warrants that your uptime availability will be at least 99.9% except where failure results from:
- Failure or malfunction in relation to any device or equipment, any software or power supply outside our control, unless caused by our wrongful act or omission;
- Your act or omission or that of a person under your direction or control;
- Scheduled maintenance completed within the notified maintenance window;
- A requirement, direction or any other order issued by an authority with jurisdiction over the service;
- Unauthorised or illegal access by any third party to the systems used to provide the services including hacking, cracking, virus dissemination and denial of service attacks.
4.5 The uptime service level is not met if:
- Router packet loss is in excess of 50% and is sustained for 120 seconds or more;
- Latency across the our network exceeds 120 milliseconds, for longer than 300 seconds.
4.6 As your sole remedy for failure to meet the uptime service level, we will credit your account with a percentage of the monthly service fees as set out below:
Outage (in hours) | Service Credit (percentage of monthly fees) |
---|---|
<0.7 – 7.2 | 10% |
<7.2 – 14.4 | 20% |
<14.4 – 21.6 | 40% |
<21.6 – 28.8 | 60% |
<28.8 | 80% |
4.7 Processing of your claim will only occur upon the formal request from the customer via written correspondence through approved support channels. This request will only be accepted if it is made within the same calendar month as the relevant incident.
4.8 At your request, Ripple Networking will investigate any report of downtime, and attempt to remedy any downtime expeditiously. If Ripple Networking reasonably determines that all facilities, systems and equipment are functioning properly, and that downtime arose from some other cause, we can continue to investigate the downtime at your request and expense.
Support Services
4.9 Your service is defined as "unmanaged" unless specified otherwise. We will provide base installation of your operating system, network access and remote access via SSH or terminal services. You are responsible for management of the services beyond the initial deployment. Your responsibilities include but are not limited to updates, additional software installations or integrations.
4.10 Your obligations include:
- Documentation and prompt reporting of all errors or malfunctions of the hardware or software to us;
- Maintenance of a current archive copy of all software and data. In the event of a critical system failure, we will restore systems to the original configuration and you will be responsible for restoration of data.
- Maintaining security of your network and applications;
- Performing the role of "system administrator" which includes collection of tasks related to utilising system software; maintaining users, websites, email setting; configuration of databases; uploading content and any and all associated programming.
4.11 You acknowledge:
- Microsoft Windows and Linux operating systems tougher with any third party software may contain bugs. We provide no warranty in respect of the stability or security of the system for any particular function;
- Technical support is limited to hardware and network failures, unless you have acquired VSP Admin Services. Support relating to software or code is a billable professional service with a minimum charge of one (1) hour.
4.12 We may designate for your use, on a temporary basis, IP addresses from the address space allocated to us by APNIC. You accept that the IP addresses are our sole property and are not portable if and when your service is terminated. We reserve the right to change IP addresses allocated to you at any time but will use reasonable commercial efforts to minimise any inconvenience to you.
5 SSL Certificates
5.1 Domain Specific SSL Keys require a stand-alone IP Address to which the SSL key can be attached.
5.2 Ripple Networking provisions digital certificates via the Certification Authority, DigiCert. If you are purchasing or renewing a digital certificate or seal, you agree you accept the relevant terms and conditions of the DigiCert Certificate Terms of Use.
.au Domain Registrant Agreement
This document sets out the terms and conditions of your application for a domain name, and if successful, your domain name licence. It records the agreement between you, the applicant or holder of a domain name licence, and the registrar, in relation to the domain name.
Summary of Terms and Conditions
- If your application for a domain name is accepted and approved, you will be granted a two year Domain Name Licence for that domain name
- You are required to make several statements to us in relation to your domain name application – please read them carefully to ensure that those statements are correct
- You are entitled to transfer your domain name registration to another registrar, and we will facilitate such transfer for you according to our obligations under auDA's Published Policies (see )
- You are bound by the .au Dispute Resolution Policy (auDRP) in relation to your registered domain name, as well as such other dispute resolution policy which may be adopted by auDA from time to time
- You accept that our liability and auDA's liability to you under these terms and conditions are limited
1 Definitions
In this document, unless the context requires otherwise:
auDA means .au Domain Administration Limited ACN 079 009 340, the .au domain names administrator.
Domain Name means the domain name which is the subject of your application, and if successful, the Domain Name Licence.
Domain Name Licence means your licence to use the Domain Name which is the subject of your application.
auDA Published Policies means those specifications and policies established and published by auDA located at https://www.auda.org.au/policies.
Registry Operator means the operator of the domain names registry for the Domain Name.
We, us and our refer to Domain Directors Pty Ltd (operating as TPP Wholesale) ABN 13 100 504 596, the registrar of record for your Domain Name Licence.
You or your refer to the person applying for, or the holder of, a Domain Name Licence.
2 General
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the Domain Name to another person.
3 Domain names application and registration
- Your application for a Domain Name must be in the form prescribed under the Published Policies. The Domain Name must comply with the Published Policies.
- You accept that even if we accepted and approved your Domain Name application, the application may still be rejected by the Registry Operator in performing its final integrity checks.
- You accept that neither you, nor we, have any proprietary right arising from the registered Domain Name, or the entry of a Domain Name in the domain names registry.
- All personal information pertaining to you are held by auDA for the benefit of the Australian public.
4 Domain name licence
- Your Domain Licence will be effective for a period between one (1) and five (5) years, once:
- your application is accepted and approved by us and by the Registry Operator, and
- you have paid the applicable fees,
- Your Domain Name Licence may be renewed between one (1) and five (5) years, as long as you:
- pay the applicable renewal fees, and
- continue to meet the eligibility criteria prescribed in the Published Policies.
- You accept that it is your responsibility to ensure that your Domain Name Licence is renewed.
- You may cancel your Domain Name Licence at any time by notifying us in writing.
- We may cancel your Domain Name Licence if you breach any provision of this document.
5 Your statement to us
- You confirm and state to us and to auDA separately that:
- all the information set out in your Domain Name application, and all information you give us, are true, complete and correct, and are not misleading or deceptive, and your application is made in good faith, and
- you meet, and continue to meet, for the duration of the Domain Name Licence, the eligibility criteria prescribed in the Published Policies for registering the Domain Name, and
- you have not previously submitted an application for registration with another registrar, a domain name which is the same as the Domain Name, in circumstances where:
- you are relying upon the same eligibility criteria for both domain names, and
- the Domain Name has previously been rejected by the other registrar, and
- your registration or use of the Domain Name does not infringe any person's legal rights, and
- you are aware that even if the Domain Name is accepted for registration, your entitlement to register the Domain Name may still be challenged by others who claim to have an entitlement to the Domain Name.
- You accept that if any of the above statements is found to be untrue, incomplete, incorrect or misleading, then either we or auDA may cancel your Domain Name Licence.
- You agree to indemnify us and auDA separately for any loss or damage suffered by us or auDA as a result of any of us relying upon your above statements.
6 Our obligations to you
- Once your Domain Name application is accepted and approved, we will cause your Domain Name details to be entered in the domain names registry.
- You will be given immediate notice if:
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA.
- auDA may post notice of:
- the act that we are no longer an accredited registrar, or
- the suspension or termination of our auDA Accreditation, or
- the termination of our registrar agreement with auDA,
7 Your obligations to us
- You must comply with all auDA Published Policies, as if they were incorporated into, and form part of, this agreement. In the event of any inconsistency between any auDA Published Policy and this agreement, then the auDA Published Policy will prevail to the extent of such inconsistency.
- You acknowledge that under the auDA Published Policies:
- there are mandatory terms and conditions that apply to all domain names licences, and such terms and conditions are incorporated into, and form part of, this agreement; and
- Registrant is bound by, and must submit to, the .au Dispute Resolution Policy; and
- auDA may delete or cancel the registration of a .au domain name.
- Throughout the period of your Domain Name Licence, you must give notice to the Registry Operator (through us) of any change to any information which you have given us.
8 Use of your information
You give to:
- auDA, the right to publicly disclose to third parties, all information relation to the registered Domain Name in accordance with the Published Policies;
- us, the right to disclose to the Registry Operator, all information which is reasonably required by the Registry Operator in order to register the Domain Name in the domain names registry;
- the Registry Operator, the right to publicly disclose to third parties, all information relation to the registered Domain Name to enable the Registry Operator to maintain a public WHOIS service, provided that such disclosure is consistent with the National Privacy Principles, and the Published Policies.
9 Dispute resolution
- auDA has in place a dispute resolution called the auDRP (which stands for .au Dispute Resolution Policy), which applies in the event of a dispute between a registrar and a domain name licence holder, or between a domain name licence holder and a third party, in relation to entitlements to domain names.
- The auDRP binds you and us severally as if it were incorporated in this document.
- You accept that:
- auDA may develop and implement other dispute resolution policies which are accessible by you as an alternative and further to any complaints handling procedure adopted by us, and
- such policies bind you and us severally as if they were incorporated in this document.
10 Transfer of registrars
- We will ensure that you can easily transfer your Domain Name registration to another registrar in accordance with the Published Policies. The Published Policies will address such matters as:
- the maximum fees which we can charge you for such transfer,
- when we are not allowed to charge you fees,
- the conditions under which we must transfer the registered Domain Name, and
- the conditions under which we is entitled not to transfer the registered the Domain Name.
- If:
- we are no longer an accredited registrar, or
- our auDA Accreditation is suspended or terminated, or
- our registrar agreement with auDA is terminated by auDA,
- If our registrar agreement with auDA is terminated, we will not charge you any fee for the transfer of the registered Domain Name to another registrar.
11 Limitation of liabilities
- To the fullest extent permitted by law, auDA will not be liable to you for any direct, indirect, consequential, special, punitive or exemplary losses or damages of any kind (including, without limitation, loss of use, loss or profit, loss or corruption of data, business interruption or indirect costs) suffered by you arising from, as a result of, or otherwise in connection with, any act or omission whatsoever of auDA, its employees, agents or contractors.
- You agrees to indemnify, keep indemnified and hold auDA, its employees, agents and contractors harmless from all and any claims or liabilities, arising from, as a result of, or otherwise in connection with, your registration or use of the .au domain name.
- You accept and agree that if we have any outstanding fees owing to auDA, which gives auDA a right to terminate our registrar agreement with auDA, then auDA may in its sole discretion terminate the registrar agreement.
- You accept and agree that neither auDA nor we are responsible for the use of any Domain Name in the domain names registry, and that auDA is not responsible for any conflict or dispute with any actual or threatened claim against a registrar or a domain name licence holder, including one relating to registered or unregistered trademark, a corporate, business or other trade-name, rights relating to a name or other identifying indicium or of an individual or other intellectual property rights of a third party or relating to the defamation or unlawful discrimination with respect to any other person.
- Despite any other provision of this document, and to the fullest extent permitted by law, neither auDA nor we are liable to you for consequential, indirect or special losses or damages of any kind (including without limitation, loss of profit, loss or corruption of data, business interruption or indirect loss) suffered by you as a result of any act or omission whatsoever of auDA or us, and our respective employees, agents, or sub-contractors.
- Nothing in this document is intended to exclude the operation of Trade Practices Act 1974.
12 Agency
We enter into this document as agent for auDA for the sole purpose, but only to the extent necessary, to enable auDA to receive the benefit of the rights and covenants conferred to it under this document. auDA is an intended third-party beneficiary of this document.
13 General
- In this document:
- a reference to this or other document includes the document as varied or replaced regardless of any change in the identity of the parties;
- a reference to writing includes all modes of representing or reproducing words in a legible, permanent and visible form;
- headings and sub-headings are inserted for ease of reference only and do not affect the interpretation of this document; and
- where an expression is defined, another part of speech or grammatical form of that expression has a corresponding meaning.
- All previous agreements, statements, explanations and commitments, expressed or implied, affecting the subject matter of this document are superseded by this document and have no effect
- If a provision in this document is held to be illegal, invalid, void, voidable or unenforceable, that provision must be read down to the extent necessary, or severed if necessary, to ensure that it is not illegal, invalid, void, voidable or unenforceable.
- This document is governed by and is to be construed in accordance with the laws of the Commonwealth of Australia. Each party irrevocably and unconditionally submits to the non-exclusive jurisdiction of the applicable courts of Australia and waives any right to object to proceedings being brought in those courts.
gTLD Domain Registrant Agreement (.com, .net, .biz, .org, .info, .mobi)
1 AGREEMENT
In this registration agreement (Agreement) you and your refer to the registrant of each domain name registration, and we, us and our refer to the Registrar (as defined in clause 28 below). This Agreement explains our obligations to you, and explains your obligations to us for your .biz, .org or .info domain name registration (Services).
2 SELECTION OF A DOMAIN NAME
You represent and warrant that:
- the data provided in the domain name registration application is true, correct, up to date and complete,
- to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
- that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
- the registered domain name will be used primarily for bona fide business or commercial purposes and not
- exclusively for personal use, or
- solely for the purposes of
- selling, trading or leasing the domain name for compensation, or
- the unsolicited offering to sell, trade or lease the domain name for compensation;
- you have the authority to enter into this Agreement; and
- the registered domain name is reasonably related to your business or intended commercial purpose at the time of registration.
3 FEES
As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:
- provide certain current, complete and accurate information about you as required by the registration process and
- maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information (Account Information). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
4 TERM
This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, then the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 3, 11, 12 and 15 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
5 MODIFICATIONS TO AGREEMENT
You agree that we may:
- revise the terms and conditions of this Agreement; and
- change the services provided under this Agreement.
You agree to be bound by any such revision or change will which shall be effective immediately upon posting on our web site or upon notification to you by email or your country's postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You further agree to be bound by the ICANN Uniform Dispute Resolution Policy (Dispute Policy) as presently written and posted on http://www.icann.org/udrp/udrp.htm and as shall be amended from time to time. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6 MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
7 DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy that is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.icann.org/udrp/udrp.htm. Please take the time to familiarize yourself with this policy.
8 DOMAIN NAME DISPUTES
You acknowledge having read and understood and agree to be bound by the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement:
- The Uniform Domain Name Dispute Resolution Policy (Dispute Policy), available at https://www.icann.org/resources/pages/policy-2012-02-25-en; and
- The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.icann.org/resources/pages/rdrp-2012-02-25-en; (collectively, Dispute Policies).
The UDRP sets forth the terms and conditions in connection with a dispute between a registrant of a domain name with any third party (other than registry administrator or registrar) over the registration or the use of that domain name registered by that registrant. The RDRP sets forth the terms under which any allegation that a domain name is not used primarily for business or commercial purposes shall be enforced on a case-by-case, fact specific basis by an independent ICANN-accredited dispute provider. None of the violations of the restrictions will be enforced directly by or through the Registry (or its administrator). The Registry will not review, monitor, or otherwise verify that any particular domain name is being used primarily for business or commercial purposes or that a domain name is being used in compliance with the UDRP processes.
9 POLICY
You agree that your registration of the domain name shall be subject to denial, suspension, cancellation, or transfer pursuant to any Registrar, Registry, ICANN or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with any ICANN or government-adopted policy),
- to correct mistakes by us or the applicable Registry in registering the name;
- to comply with all applicable laws, government rules or requirements, requests of law enforcement, in compliance with any dispute resolution process;
- to protect the integrity and stability of the registry;
- to avoid any liability, civil or criminal, on the part of the Registry as well as its affiliates, subsidiaries, offices, directors, representatives, employees, and stockholders;
- for violations of this Agreement;
- for non-payment of fees; and
- the Registry also reserves the right to freeze a domain name during resolution of a dispute.
10 AGENCY
Should you intend to license use of a domain name to a third party you shall nonetheless be the domain name holder of record and are therefore responsible for providing your own full contact information and for providing and updating accurate technical and administrative contact information adequate to facilitate timely resolution of any problems that arise in connection with the domain name. You shall accept liability for harm caused by wrongful use of the domain name, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party/parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 16 (Information) and 17 (Disclosure and Use Of Registration Information) below).
11 LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, 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 or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss or liability suffered by any party resulting from, but not limited to:
- access delays or access interruptions to the Services or our systems;
- data non-delivery or data miss-delivery;
- acts of God (or force majeure);
- the unauthorized use or misuse of your account identifier or password;
- errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- the interruption of your Services or your business; and/or
- loss of registration and/or use of your domain name.
In no event shall our maximum liability exceed five hundred ($500.00) dollars.
IMPORTANT NOTE:
In the event that this agreement constitutes a supply of goods or services to a consumer as defined in the Competition and Consumer Act 2010 (Cth) or any other national, State or Territory legislation (the Acts) nothing contained in this agreement excludes, restricts or modifies any condition, warranty or other obligation in relation to this agreement and the goods and you where to do so is unlawful.
Where legislation implies into this Agreement any term or warranty that cannot lawfully be excluded, that term or warranty is included but our liability in respect of a breach of that term or warranty is, where permitted by such legislation, limited at our option to any one or more of the following:
- if the breach relates to goods:
- the replacement of the goods or the supply of equivalent goods;
- the repair of such goods;
- the payment of the cost of replacing the goods or of acquiring equivalent goods; or
- the payment of the cost of having the goods repaired; and
- if the breach relates to services:
- the supplying of the services again; or
- the payment of the cost of having the services supplied again.
12 INDEMNITY
You agree to release, indemnify, and hold each of us, the Registry and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect), costs and expenses (including reasonable legal fees and expenses) arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
13 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 or have remedied the breach identified to you, then we may terminate this Agreement and 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.
14 NO GUARANTEE
You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
15 DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is”, “as available” basis. To the maximum extent permitted by law, 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 Services 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 Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services 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 Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
16 INFORMATION
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, email address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
- the name, postal address, email address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.
17 DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree and acknowledge that we will make domain name registration information you provide available to ICANN, to the registry administrators, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by ICANN and applicable laws.
You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us.
You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us.
We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement.
We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
18 REVOCATION
Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or your failure to respond for over fifteen (15) calendar days to inquiries by us concerning the accuracy of contact details associated with the your registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration.
19 RIGHT OF REFUSAL
We, and/or Registry, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
20 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.
21 NON-AGENCY
Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
22 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.
23 NOTICES
Any notice, direction or other communication that we give to you under this Agreement shall be in writing and given by sending it via email to the address specified in your WHOIS record. 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 email, notifications must be sent to support[at]ripplenetworking[dot]net, or in the case of notification to you, to the email address provided by you in your WHOIS record. Any email 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 17:00 ACST, otherwise it will be deemed to have been delivered on the next business day.
In the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
24 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.
25 GOVERNING LAW
This Agreement shall be governed by and interpreted and enforced in accordance with the laws of the Governing Jurisdiction (as defined below). Any action relating to this Agreement must be brought in the courts of the Governing Jurisdiction and you irrevocably consent to the jurisdiction of such courts. Where the Governing Jurisdiction is Ontario, Canada, the rules governing choice of laws shall not be referred to.
26 INFANCY
You attest that you are of legal age to enter into this Agreement.
27 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 SERVICES AND ARE NOT RELYING ON ANY REPRESENTATION, GUARANTEE OR STATEMENT OTHER THAN AS SET FORTH IN THIS AGREEMENT.
28 DEFINITIONS
Governing Jurisdiction means:
- Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or
- Australia, where your Registrar is either
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH; or
- Key-Systems, LLC.
Registrar means the Registry accredited entity your domain name is registered with, being either:
- Tucows Domains, Inc;
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH; or
- Key-Systems, LLC
as can be determined by performing a WHOIS record search on your domain name at https://lookup.icann.org/en and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not Domain Directors Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to Domain Directors Pty Ltd.
Registry means
- Versign, Inc. for .com and .net domain names;
- Afilias Limited for .info and .mobi domain names;
- Public Interest Registry for .org domain names, and
- Neustar, Inc. for .biz domain names.
TLD means a top-level domain of the internet domain name system.
29 TERMS THAT APPLY TO .MOBI DOMAIN NAME REGISTRATIONS
You acknowledge that if the domain name being registered is a .mobi Premium Name, as such are listed at http://Afilias Technologies Ltd.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the .mobi Premium Name Agreement (formerly known as the dotMobi Auction Agreement) posted at http://Afilias Technologies Ltd.mobi/node/1135, which is incorporated by reference herein.
You acknowledge and agree that upon termination or expiration of the .mobi Premium Name Agreement in accordance with the terms thereof
- any and all of your rights to the registration of the domain name, the Registration Code, and/or to create, launch, and/or operate the website shall be terminated, and all such rights shall revert to Afilias Technologies Ltd and
- Afilias Technologies Ltd may grant Registration rights to the domain name and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against Afilias Technologies Ltd and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.
You acknowledge and agree that you must comply with the requirements, standards, policies, procedures and practices set forth in the dotmobi Style Guide (www.dotmobi.mobi) and consent to the monitoring of the website as described in the dotmobi Style Guide monitoring guidelines (www.dotmobi.mobi) for compliance with the Style Guide. Furthermore, you acknowledge and agree that this Style Guide is subject to modification by the Registry with any such changes appearing at the previously designated URL, and that you must promptly comply with any such changes in the time allotted.
New gTLD Domain Registration Agreement
General
PLEASE READ THIS REGISTRATION AGREEMENT CAREFULLY, AS IT CONTAINS IMPORTANT INFORMATION REGARDING YOUR LEGAL RIGHTS, OBLIGATIONS AND REMEDIES.
1 Introduction
Ripple Networking is an authorised reseller for the registrar, Domain Directors Pty Ltd (operating as TPP Wholesale) ABN 13 100 504 596 (Domain Directors) is an accredited Registrar of Internet Corporation For Assigned Names and Numbers (ICANN), and an accredited Registrar of each Registry responsible for operating the new generic top level domain (New gTLD) space(s) as specified in this New gTLD registration agreement (Registration Agreement).
This Registration Agreement is submitted by you (being an individual or entity), the applicant for, and on registration, the licence holder of, a domain name (referred to in this Registration Agreement as "you", "your" and the "Registrant") to Domain Directors for the purpose of becoming the licensee of a particular domain name in a new gTLD space (domain name).
This Registration Agreement sets out the applicable terms and conditions governing all domain name registrations, pre-registrations, renewals or otherwise. In submitting this Registration Agreement, you agree you have read, understand, acknowledge and agree to be bound by this Registration Agreement.
The terms "we", "us" or "our" shall refer to Domain Directors. Unless otherwise specified, nothing in this Registration Agreement shall be deemed to confer any third-party rights or benefits.
1.2 Definitions
Applicant means a natural person, company, or organization submitting an Application for a domain name registration. Applicant has the same meaning as "you", "your" or "Registrant" under this Registration Agreement.
Application means a complete, technically correct request for a domain name registration which complies with all the respective Registry Policies, ICANN Policies and the terms of this Registration Agreement.
Highly-regulated TLDs means the following gTLD name spaces: .surgery, .dentist, .hospital, .medical, .doctor, .creditcard, .insurance, .bet, .bingo, .poker, .casino, .charity, .university, .attorney, .cpa, .lawyer, .corp, .gmbh, .inc, .llc, .ltd, .sarl, .fail, .gripe, .sucks, and .wtf.
ICANN Policies means the applicable standards, procedures, practices, terms and conditions, regulations, rules and policies (including any registration prerequisites) established by ICANN (including without limitation any Consensus Policies, Specifications (such as the WHOIS Accuracy Program Specification) referenced in ICANN's 2013 Registrar Accreditation Agreement or in the Registry Agreement) and any amendments, policies, procedures, or programs specifically contemplated by that agreement or authorized by ICANN's bylaws.
General Availability means the Registry specified period (which generally occurs after Landrush has finished) in which domain names are registered on a first come, first served basis (subject to the relevant Registry's Registry Policies).
Landrush means the Registry specified period (which generally occurs after Sunrise has finished).
Personal Data refers to data about any identified or identifiable natural person.
Provider means any third party (excluding a Registry or Registrar) from whom Domain Directors may obtain any domain name licence in order to provide the domain name licence to you (pursuant to clause 10 of this Registration Agreement).
Registrar means the entity authorised by the Registry to register a particular Domain Name or Domain Names, excluding Domain Directors.
Registry means the applicable entity and/or Registry Operator responsible for operating the relevant New gTLD in question. Refer to clause 18 for further details of each Registry and/or Registry Operator (details current as of the Registration Agreement date noted above).
Registry Operator means the person or entity then responsible, in accordance with an agreement between ICANN (or its assignee) and that person or entity (those persons or entities) or, if that agreement is terminated or expires, in accordance with an agreement between the US Government and that person or entity (those persons or entities), for providing registry related services for a specific New gTLD.
Registry Agreement means the agreement between the relevant Registry and ICANN located at http://www.icann.org/en/about/agreements/registries.
Registry Policies means the applicable standards, procedures, practices, terms and conditions, regulations, rules and policies (including any registration prerequisites) of the applicable Registry established from time to time in a non-arbitrary manner in respect of the applicable New gTLD and applicable to all registrants. You may locate copies of applicable Registry Policies on the Registry Website.
Registry Website means the website operated by the Registry on which the Registry Policies can be located, as specified in clause 18 of this Registration Agreement.
Regulated TLDs means the following gTLD name spaces: .games, .juegos, .school, .schule, .toys, .eco, .care, .diet, .fitness, .health, .clinic, .dental, .healthcare, .capital, .cash, .broker, .claims, .exchange, .finance, .financial, .fund, .investments, .lease, .loans, .market, .money, .trading, .credit, .insure, .tax, mortgage, .degree, .mba, .audio, .book, .broadway, .film, .movie, .music, .software, .fashion, .video, .app, .art, .band, .cloud, .data, .design, .digital, .fan, .free, .gratis, .discount, .sale, .media, .news, .online, .pictures, .radio, .show, .theater, .tours, .accountants, .architect, .associates, .broker, .legal, .realty, .vet, .engineering, .engineer, .law, .limited, .town, .city, .reisen, .gives, and .rehab.
Relevant Party means as the context requires, any Registrar and/or Provider.
Relevant Party Domain Name Agreement means the agreement required to be entered into between you and the Relevant Party in order for you to register a particular domain name (pursuant to clause 10 of this Registration Agreement), and which is located at http://www.ipmirror.com/service_agreements/agreement_domains (as may be updated from time to time).
SMD File or SMD is the file issued by the TMCH proving that the TMCH application data for one or more TMCH eligible terms – typically a trademark – have been successfully validated and entered into the TMCH database.
Sunrise means the Registry specified period in which only holders of a SMD File may submit a Sunrise Application.
Sunrise Application means the non-transferrable Application for registration of a domain name made during Sunrise.
Sunrise Registration means a domain name registration resulting from an approved Sunrise Application.
Trademark Claims Notice means the form notice that a registrar presents to registrants notifying them that their proposed registration matches a mark included in the TMCH.
Trademark Clearinghouse or TMCH means the ICANN repository for mark data and information.
TMCH Guidelines means the then effective guidelines found at http://www.trademark-clearinghouse.com.
Uniform Rapid Suspension System or URS means the ICANN process, as currently described at http://newgtlds.icann.org/en/applicants/urs, by which a registered domain name may be suspended as a result of a complaint filed by a mark owner.
2 Changes and Modifications
2.1 You acknowledge and agree that we may change the terms and conditions of this Registration Agreement either by obtaining your consent or giving you notice. The period of notice we provide will depend on the nature of the change. If:
- the change will benefit you, we may make the change immediately and are not required to notify you prior to the change;
- the change is required by law, the Registry, any applicable regulatory body (for example, ICANN) or for a technical reason (including for security), we will provide as much notice as reasonable and practicable for us;
- we consider that the change has a significant and detrimental impact on our customers generally, we will provide least 30 days' notice prior to the change (subject to our required compliance with (b)), and
- for all other changes, we will provide at least 30 days' notice prior to the change.
2.2 Notice of a change may be given by posting the new version of the Registration Agreement at www.ripplenetworking.net (Ripple Networking website). Changes will be effective as stated above, and if you do not agree to be bound this Registration Agreement as last revised, do not use (or continue to use) your domain name or remain as Registrant.
2.3 We may also notify you of any changes via your provided details information, including your email address.
3 Payments and Fees
3.1 You agree to pay any and all prices and fees specified on the Ripple Networking Website relating to a domain name at the time of your application. We will not process a domain name registration or renewal application or otherwise until the relevant fee(s) have been paid and cleared.
3.2 We expressly reserve the right to change or modify our pricing and fees, and any changes will become effective immediately once published on the Ripple Networking website.
3.3 A Registry may offer non-uniform variable pricing for domain names depending on the type being registered or renewed, such that the fees for a domain name registration or renewal may differ from other domain names in the same New gTLD.
3.4 If you have purchased a domain name for a period of months or years, changes or modifications in prices and fees shall be effective when the domain name in question is due for renewal.
3.5 Any failure to pay any required domain name related fee (as applicable) when due (as evidenced for example by, without limitation, your credit card company notifying us of you disputing the payment of, or refusing to pay such fee, or where your credit card payment or other form of payment has been declined or reversed) will entitle us to immediately cease the registration or renewal of the domain name (as applicable). If for any reason we are unable to take the payment from the payment details you have on file or have provided to us, and you fail to respond to our notices, your domain name registration will expire. It is your responsibility to keep all payment details current and accurate, which includes the expiration date of any credit cards you have advised to us.
3.6 Domain Directors will not be responsible for cancelled domain names that you fail to renew, either automatically or manually in the timeframes specified on the Ripple Networking website or as notified to you by Ripple Networking. In any case, if you fail to renew your domain name in a timely fashion, additional charges may apply. If you signed up for additional Ripple Networking services which relate or correspond to your domain name at the time of its registration (for example, our Private Registration service), these services may also automatically be renewed when your domain name registration is up for renewal, and you will incur the applicable additional renewal fee unless you cancel in advance. You acknowledge and agree that it is your responsibility to ensure that your domain name registration is renewed.
3.7 All prices and fees are non-refundable unless otherwise expressly stated, even if your domain name is suspended, terminated, or transferred prior to the end of the applicable registration term.
4 Renewals and Expiration
4.1 All renewals will be subject to the terms of this Registration Agreement (including without limitation, clause 3), and you acknowledge and agree to be bound by the terms of this Registration Agreement (as amended) for all renewed domains and/or services.
4.2 You acknowledge that a Registry may offer a further period after a renewal deadline during which a registrant may renew their cancelled or deleted domain name before it is available for re-registration by other parties (Registry Grace Period). If your domain name has not otherwise been dealt with by Domain Directors under the terms of this Registration Agreement, following the renewal deadline being passed your domain name will be cancelled or deleted at the Registry after which you may be eligible for a further specific Registry Grace Period. During this Registry Grace Period, you may redeem your domain name by paying to Ripple Networking the applicable redemption fee (the current redemption fee is set out at the Ripple Networking website and is subject to change). It is important for you to understand that not every Registry provides an 'Registry Grace Period' for expired domain names, and so you may not be able to renew your domain name if it has expired and been cancelled.
4.3 Registry Grace Periods may vary for different New gTLDs, so please refer to the specific Registry Policies of the applicable New gTLD. In the event there is a conflict between the provisions of this paragraph and those Registry Policies, the terms of the relevant Registry Policies will prevail. During any Registry Grace Period your domain name may be parked by Domain Directors.
4.4 In the event you do not renew your domain name prior to the renewal deadline, or where available, prior to the end of a Registry Grace Period, Domain Directors may, in its sole discretion, cancel and delete your domain name at the Registry making it available for registration on a first-come-first-served basis or transfer it to another registrant on your behalf.
5 Warranties and Eligibility
5.1 You acknowledge and agree to obey, comply and be bound by any and all Registry Policies and ICANN Policies, and any and all updates, revisions and modifications thereto, for the New gTLD in which your domain name is registered, and which are incorporated herein.
5.2 You agree that if this Registration Agreement is completed by an agent for you, such as an Administrative Contact/Agent, you are nonetheless bound as a principal by all terms and conditions herein, including the relevant domain name dispute resolution rules.
5.3 You agree you have read, will comply with, and are bound by all terms and conditions contained in this Registration Agreement, including without limitation all Registry Policies and ICANN Policies.
5.4 You represent and warrant that:
- you meet the eligibility requirements of the New gTLD;
- you agree to comply with, and be bound by, the Registry Policies applicable to your domain name and to use the domain name in accordance with such Registry Policies and this Registration Agreement;
- you agree to comply with all ICANN Policies, including any such policies for which each Registry (including for clarity, any registry operator, if applicable) has monitoring responsibility in accordance with the Registry Agreement or any other arrangement with ICANN;
- you will comply with all applicable rules and laws, including without limitation those that relate to privacy, data collection, consumer protection, import/export of services and disclosure of data;
- as part of your registration of a domain name, you agree to submit complete data as required by, and for, the technical specifications of the Registry and/or ICANN;
- all information you provide to us is current, accurate and reliable, and will be maintained by you on an ongoing basis in accordance with clause 6 of this Registration Agreement;
- to the best of your knowledge and belief, neither the registration of the domain name, nor the manner in which the domain name is directly or indirectly used, infringes upon or otherwise violates the legal rights of any third party;
- that you are not submitting the request for a domain name for an unlawful purpose, and the domain name will not be used for an unlawful purpose;
- you will not knowingly use the domain name in violation of any applicable laws or regulations or of the rights of any third party;
- you will comply with any specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs); and
- you have authority to enter into this Registration Agreement.
5.5 Any breach of these warranties shall be considered to be a material breach of this Agreement and a basis for suspension and/or cancellation of the domain name.
5.6 Safeguards for Regulated TLDs. You agree and acknowledge:
- that you will comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
- that should you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law.
5.7 Safeguards for High-regulated TLDs. You agree and acknowledge:
- that you will comply with all applicable laws, including those that relate to privacy, data collection, consumer protection (including in relation to misleading and deceptive conduct), fair lending, debt collection, organic farming, disclosure of data, and financial disclosures;
- that should you collect and maintain sensitive health and financial data, you will implement reasonable and appropriate security measures commensurate with the offering of those services, as defined by applicable law;
- to provide administrative contact information, which must be kept up-to-date, for the notification of complaints or reports of registration abuse, as well as the contact details of the relevant regulatory, or industry self-regulatory, bodies in their main place of business;
- to possesses any necessary authorizations, charters, licenses and/or other related credentials for participation in the sector associated with such Highly-regulated TLD; and
- to report any material changes to the validity of your authorizations, charters, licenses and/or other related credentials for participation in the sector associated with the Highly-regulated TLD and ensure you continue to conform to the appropriate regulations and licensing requirements and generally conduct your activities in the interests of the consumers you serve.
6 Personal Data and Information
6.1 We will collect and use Personal Data submitted by you to us in accordance with our Privacy Policy and as required by applicable mandatory laws. The Registry may collect and use your Personal Data and information in accordance with the privacy policy of the Registry (as published on the Registry Website and updated from time to time) and the Registry Policies. You agree and consent to such collection and use by Domain Directors and/or the Registry of your Personal Data and information.
6.2 In seeking to register a domain name, you must provide to Domain Directors the information (which may include Personal Data) set out in the compulsory fields and may provide the information set out in any discretionary fields which will be transmitted to the Registry and/or ICANN. You grant Domain Directors and the Registry a non-exclusive, worldwide, perpetual and royalty-free license to use all such provided information in performing their obligations and roles as a registrar and a registry, respectively (including, without limitation, to comply with any Registry Policies and ICANN Policies). Certain information is also required by Registry Policies and/or ICANN to be made publicly available via the WHOIS, and both Domain Directors and a Registry may be required to retain copies of and archive such information (either in their own systems or through the use of a third-party escrow service). You agree, consent to and give permission for all such requirements, uses and disclosures.
6.3 In addition to the above, to the extent permitted by applicable law, you consent to the use, copying, distribution, publication, modification and other processing of your Personal Data and information by the Registry, ICANN, their service providers, subcontractors and agents in a manner consistent with and as stated in Registry Policies and ICANN Policies, and all other purposes of collection notified to Domain Directors by the Registry and/or ICANN from time to time.
6.4 You must provide us with accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of your domain name registration, including:
- the full name, postal address, e-mail address, voice telephone number, and fax number if available of the Registrant;
- name of authorized person for contact purposes in the case of an Registrant that is an organization, association, or corporation;
- the names of the primary nameserver and secondary nameserver(s) for the domain name;
- the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the technical contact for the domain name; and
- the name, postal address, e-mail address, voice telephone number, and (where available) fax number of the administrative contact for the Registered Name.
6.5 Either the wilful provision of inaccurate or unreliable information by you, or your failure to update information provided to Domain Directors within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by us concerning the accuracy of contact details associated with the domain name registration shall constitute a material breach of this Registration Agreement and be a basis for suspension and/or cancellation of the domain name registration.
6.6 If you intend to license use of a domain name to a third party, you still remain the Registrant and are 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. If you license use of your domain name, then you agree you shall accept liability for harm caused by wrongful use of the domain name, unless you disclose the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing you with reasonable evidence of actionable harm.
6.7 You represent and warrant that, if you have provided the Personal Data of any third-party individuals to Domain Directors, that notice has been provided equivalent to the terms of this clause 6 to those third-party individuals by yourself, and that you have obtained consents equivalent to the consents required in this clause 6 from such third-party individuals.
6.8 We agree we will
- not process the Personal Data collected from you in a way incompatible with this Registration Agreement, and
- take reasonable precautions to protect Personal Data from loss, misuse, unauthorized access or disclosure, alteration, or destruction.
6.9 It is very important for you to keep all Personal Data and other information provided accurate and current with us. While we may notify you of any changes to this Registration Agreement via these provided details, we may also notify you about the status of your domain name (for example, renewal reminders and expiry dates) and any service or payment related issues (for example, payment failures). RIPPLE NETWORKING AND DOMAIN DIRECTORS ASSUME NO LIABILITY OR RESPONSIBILITY FOR YOUR FAILURE TO RECEIVE AN EMAIL NOTIFICATION OR OTHERWISE IF THIS FAILURE HAS RESULTED FROM ANY PERSONAL DATA OR INFORMATION YOU HAVE PROVIDED BEING, OR BECOMING, INACCURATE OR OUT-OF-DATE. YOU ACKNOWLEDGE AND AGREE YOU ARE SOLELY RESPONSIBLE AND LIABLE FOR MAINTAINING THE ACCURACY AND CURRENCY OF ANY SUCH PROVIDED PERSONAL DATA AND/OR INFORMATION.
7 Prohibitions and Acceptable Use Policy
7.1 You are prohibited from, and agree that you will not be involved in (either directly or indirectly), distributing malware, abusively operating botnets, phishing, unsolicited email (spam), 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 domain names. In addition, you agree to be bound by and comply with Ripple Networking's Acceptable Use Policy.
7.2 You agree that, in our sole discretion and without liability to you, we may
- refuse to accept the registration of any domain name, and/or
- suspend, cancel or delete the registration of a domain name if we determine (in our sole discretion) that the domain name is being used in association with any of the prohibited activities states above or identified in our Acceptable Use Policy. Where a domain name registration is so suspended, cancelled or deleted, there will be no refund of fees paid.
8 Rights Protection Mechanisms
8.1 Both the Registry and Domain Directors shall implement and adhere to the rights protection mechanisms (RPMs) specified in Specification 7 of the Registry Agreement and any other rights protection mechanisms ICANN develops to discourage or prevent registration of domain names that violate or abuse another party's legal rights.
8.2 Domain Directors shall notify a Registrant via email of any domain name that is registered in the Trademark Clearinghouse by presenting the Trademark Claims Notice, in compliance with the RPMs.
9 Registration and Right of Refusal
9.1 You agree that a registration or reservation of a domain name does not grant any legal rights of ownership of the relevant domain name, nor does it confer immunity from objection to the registration or use of the domain name.
9.2 You agree that we do not guarantee that any domain name registration, pre-registration or otherwise applied for by Domain Directors on behalf of you will be successfully registered or reserved by the Registry. You acknowledge and agree that you will not take any action in respect of any domain name registration, pre-registration or otherwise until the successful registration or reservation of that domain name is confirmed in writing to you.
9.3 If you submit an application for pre-registration or registration of a domain name, neither Domain Directors nor the Registry provide or make any representation or guarantee that the domain name will be secured for you, or that you will have immediate access to the domain name if secured. In providing such services, we may use third-party service providers, and certain applications may be processed manually. We make no representations that applications will be processed within any particular timeframe.
9.4 You acknowledge that either Registry Policies or ICANN Policies may provide that registration or reservation of certain domain names is prohibited. You agree that the submission of an application for a domain name registration or reservation does not obligate Domain Directors to accept this Registration Agreement, and that neither our acceptance of this Registration Agreement nor the actual registration or reservation of any domain name shall be deemed an indication that the Registry, ICANN or Domain Directors has made any determination regarding the legality or acceptability of the registration or reservation, the extent to which your registration and exclusive and perpetual right of use and enjoyment of the domain 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 Registry, ICANN or Domain Directors shall have any liability or responsibility arising therefrom. You agree that neither the Registry, ICANN or Domain Directors shall have any liability for loss or damage that may result from a refusal to accept this Registration Agreement or your domain name registration or reservation application.
10 Relevant Party/Third Party Supplier For Domain Name
10.1 Ripple Networking may attempt to acquire the domain name for you from a Relevant Party. You acknowledge to, and agree with, Ripple Networking, that in order for us to attempt to acquire any domain name for you from the Relevant Party, in addition to the terms of this Registration Agreement, you must agree to the applicable Relevant Party Domain Name Agreement for the domain name that you wish to register. Accordingly, you warrant to Ripple Networking that:
- you have or will read the terms and conditions of the applicable Relevant Party Domain Name Agreement for the domain name that you request Ripple Networking to register and agree to be bound by those terms and conditions; and
- you acknowledge to, and agree with, Ripple Networking, that you are creating a separate contractual relationship between you and the Relevant Party with respect to the applicable domain name, and that you, and not Ripple Networking, is responsible for all liability and obligations in connection with that contractual relationship and for any failure of you to abide by the terms of the Relevant Party Domain Name Agreement, unless otherwise expressly stated to the contrary in this Registration Agreement.
10.2 Ripple Networking will provide notification of any domain name processed through a Relevant Party pursuant to this clause 10.
10.3 Where your domain name has been registered pursuant to this clause 10, you may cancel (or surrender) your domain name licence by written notice to Ripple Networking at any time, if such cancellation (or surrender) is permitted by the Relevant Party. You acknowledge that such cancellation (or surrender) is required to be undertaken by the Relevant Party, and that accordingly, Ripple Networking has no control over when such cancellation (or surrender) will be effected by the Relevant Party.
10.4 If you are permitted to cancel your domain name licence as specified in clause 10.3, Ripple Networking shall not be required to provide any refund of any charge paid by you to Ripple Networking under this Agreement in connection with such cancellation (or surrender).
10.5 You agree that the domain name will be registered by the Relevant Party on a first come, first served basis. You agree that Ripple Networking does not guarantee that any domain name applied for by Ripple Networking on behalf of you will be successfully registered by the Relevant Party. You acknowledge and agree that you will not take any action in respect of the registration of your domain name by a Relevant Party until the successful registration of that domain name is confirmed in writing to you by either Ripple Networking or the Relevant Party.
10.6 The terms of this Registration Agreement apply in full to any domain name processed through a Relevant Party, including any applicable terms contained in clause 18. In addition to the rights Domain Directors and the Registry have in respect of your domain name, you acknowledge and agree that the Relevant Party has additional rights as contained in the Relevant Party Domain Name Agreement (including without limitation the right to suspend or cancel your domain name at any time in accordance with the Relevant Party Domain Name Agreement).
11 Sunrise Periods
You agree to be bound by the Registry Policies (including without limitation any Sunrise dispute resolution policies) relating to any initial launch phase of the New gTLD, including without limitation any Sunrise, Landrush or general availability period(s)(as may be applicable to you) and any Trademark Clearinghouse procedures and processes. To the maximum extent permitted by law, you agree that neither Domain Directors nor the Registry has any liability of any kind for any loss or liability resulting from the proceedings and processes relating to any Sunrise period(s) and/or Landrush or general availability period, including without limitation:
- the ability or inability of you to obtain a particular domain name during these periods, and/or
- the results of any dispute over a Sunrise, Landrush or general availability (or otherwise) application or registration.
12 Disputes, Suspensions And Cancellations
12.1 You acknowledge you have read, understood and agree that be bound by, and submit to, the terms and conditions of the following documents, as they may be amended from time to time, which are hereby incorporated and made an integral part of this Registration Agreement:
- ICANN's Uniform Domain Name Dispute Resolution Policy (available at http://www.icann.org/en/help/dndr/udrp/policy) (UDRP), by which a dispute between a Registrant and any party other than the Registry or Domain Directors over the registration and/or use of a domain name by the Registrant will be determined;
- ICANN's Uniform Rapid Suspension Procedure and Rules (available at http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en and/or http://newgtlds.icann.org/en/announcements-and-media/announcement-05mar13-en) (URS), by which a registered domain name may be suspended as a result of a complaint filed by a mark owner; and
- ICANN's Transfer Dispute Resolution Policy (available at http://www.icann.org/en/help/dndr/tdrp) (TDRP), by which a dispute relating to inter-registrar domain name transfers are handled.
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 applicable UDRP, URS or TDRP in effect at the time of the dispute by the third party.
12.2 For the adjudication of disputes concerning or arising from use of your domain name, you agree to submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of your domicile, and (2) of the State of Victoria, Australia (where Domain Directors is located).
12.3 You acknowledge and agree that both Domain Directors and the Registry individually reserve the right, where either party deems necessary and in that party's sole discretion, to:
- deny, cancel or transfer any registration or transaction, or place any domain name(s) or other transactions on registry lock, hold or similar status
- to protect the integrity and stability of Domain Directors' or the Registry's systems;
- to comply with any applicable laws, government rules or requirements, requests of law enforcement, ICANN Policies or Registry Policies, or any dispute resolution process or proceeding;
- during the resolution of a dispute;
- to avoid any liability, civil or criminal, on the part of the Domain Directors or the Registry, as well as their affiliates, subsidiaries, officers, directors, and employees;
- in respect of the Registry only, for violations of the registry-registrar agreement between Domain Directors and the Registry (for example, non-payment of fees) including, without limitation, any exhibits, attachments, or schedules thereto;
- to correct mistakes made by the Registry or Domain Directors in connection with a domain name registration;
- following an occurrence of any of the prohibited activities described in clause 7 above, or
- as otherwise provided for by this Registration Agreement;
- at any time, verify
- the truth, accuracy, and completeness of any information provided by the Registrant to the Registry, whether directly, through Domain Directors or otherwise; and
- the compliance by the Registrant with the applicable Registry Policies.
In addition to the above, you acknowledge and agree:
- not to use either the systems of Domain Directors or any Registry for the purpose of
- accessing such system without authorisation and/or to access, modify, acquire, or misuse such system or data contained therein;
- electronic transmission, including without limitation email or fax, of mass unsolicited, commercial advertising or solicitations to entities other than to existing customers of the Registrant where so permitted by applicable laws; or
- enable high volume, automated, electronic processes that send queries or data to either the systems of Domain Directors or any Registry, or any other registry operated under an agreement with ICANN, or any ICANN accredited registrar, except as reasonably necessary to register domain names or modify existing registrations; and
- your registration of a domain name shall be subject to suspension, cancellation, or transfer pursuant to any ICANN Polices, or pursuant to any Domain Directors or Registry procedure not inconsistent with any ICANN Policies
- to correct mistakes by Domain Directors or the Registry in registering the domain name, or
- for the resolution of disputes concerning the domain name.
13 Termination
13.1 You agree that failure to abide by any provision of this Registration Agreement may be considered by Domain Directors to be a material breach and that Domain Directors may provide a notice in writing or electronically (i.e. via email), describing the breach to you. If, within fifteen (15) days of the date of such notice, you fail to provide evidence, which is reasonably satisfactory to Domain Directors, that you have not breached any obligations, then Domain Directors may terminate this Registration Agreement with you and take any remedial action available to Domain Directors under applicable law, without notice to you. With limitation, such remedial action may involve cancelling the registration of your domain name.
13.2 In the event Domain Directors terminates this Registration Agreement, or suspends, cancels or deletes your domain name in accordance with the terms of this Registration Agreement, no fees paid by you will be refunded.
14 Indemnity
14.1 YOU AGREE TO INDEMNIFY AND HOLD HARMLESS THE REGISTRY AND DOMAIN DIRECTORS AND, WHERE APPLICABLE PURSUANT TO CLAUSE 10, THE RELEVANT PARTY, AND EACH PARTY'S DIRECTORS, OFFICERS, EMPLOYEES, AFFILIATES (RELATED CORPORATIONS), SUB-CONTRACTORS AND AGENTS FROM AND AGAINST ANY AND ALL CLAIMS, DAMAGES, LOSS (DIRECT OR INDIRECT), LIABILITIES, COSTS AND EXPENSES (INCLUDING REASONABLE LEGAL FEES AND EXPENSES) ARISING OUT OF OR RELATED TO
- YOUR DOMAIN NAME REGISTRATION, AND/OR
- THE ENFORCEMENT OF ANY PROVISION OF THIS REGISTRATION AGREEMENT, AND/OR
- ANY FAILURE OF YOUR DOMAIN NAME TO BE RENEWED BY YOU.
14.2 Additional indemnity obligations may be specified in clause 18. To the extent of any conflict between the indemnity contained in clause 13.1, and any additional indemnity(ies) applicable to you in clause 17, the applicable indemnity(ies) in clause 17 shall prevail in respect of such conflict.
14.3 You agree these obligations will survive expiration or termination of this Registration Agreement or the domain name registration.
15 Liability
To the maximum extent permitted by law, neither Domain Directors nor the Registry nor, where applicable pursuant to clause 10, the Relevant Party, nor their directors, officers, employees and agents will be liable in any way for any direct, incidental, consequential or indirect loss or damages of any kind (including, without limitation, loss of profit, loss or corruption of data, business interruption or indirect costs), whether contractual, based on tort (including negligence) or otherwise suffered by you as a result of any act or omission of Domain Directors or the Registry or, where applicable pursuant to clause 10, the Relevant Party, their directors, officers, employees, agents or sub-contractors. If any legislation implies in this Registration Agreement a term or warranty, you agree that Domain Directors' liability under this Registration Agreement for a breach of that term or warranty is limited to, in the sole discretion of Domain Directors, the re-supply of the goods or services again, or the payment of the costs of having the goods repaired or replaced, or the services supplied again. This clause survives the expiry or termination of this Registration Agreement.
16 Change In Registrar
You agree you can change registrar for an existing domain name only in accordance with the relevant policies specified by the Registry and/or ICANN. You agree that you will not transfer any domain name registered through us to another domain name registrar during the first sixty (60) days following the registration date of your domain name.
17 General
17.1 If any clause of this Registration Agreement is held to be invalid or unenforceable in whole or part, the invalid or unenforceable wording shall be deemed to be omitted.
17.2 Any notice to be given under this Registration Agreement is deemed to be served if delivered either by either or sent by pre-paid post, by fax or e-mail, to the party to whom it is given at its last known postal or e-mail address or fax number.
17.3 Other than between you and the Registry, this Registration Agreement is governed by the laws of the Commonwealth of Australia, and you and Domain Directors submit to the non-exclusive jurisdiction of those courts. Nothing in this Registration Agreement may be construed as creating the relationship of agency partnership or joint venture between the parties.
17.4 The parties agree that Domain Directors may assign this Registration Agreement to a third party on prior written notice to you.
17.5 Domain Directors' failure to act upon or at any time to notify you and insist on strict performance of any provision of this Registration Agreement is not a waiver of its right at any later time to insist on strict performance of that or any other provision of this Registration Agreement.
18 Specific Terms For New gTLDs
18.1 TERMS SPECIFIC TO DOMAIN NAME SPACES OPERATED BY DONUTS REGISTRY
I Registry
The party operating as 'Registry' for the associated New gTLD can be determined by referring to this list.
Party Operating as Registry | TLD |
---|---|
Half Oaks, LLC | academy |
Knob Town, LLC | accountants |
Steel Falls, LLC | agency |
June Maple, LLC | apartments |
Baxter Hill, LLC | associates |
Half Hallow, LLC | bargains |
Grand Hollow, LLC | bike |
Sand Cedar, LLC | bingo |
Over Galley, LLC | boutique |
Atomic Madison, LLC | builders |
Spring Cross, LLC | business |
Half Sunset, LLC | cab |
Pioneer Canyon, LLC | cafe |
Atomic Maple, LLC | camera |
Delta Dynamite, LLC | camp |
Delta Mill, LLC | capital |
Foggy Hollow, LLC | cards |
Goose Cross, LLC | care |
Wild Corner, LLC | careers |
Delta Lake, LLC | cash |
Binky Sky, LLC | casino |
New Falls, LLC | catering |
Tin Mill, LLC | center |
Sand Fields, LLC | chat |
Sand Cover, LLC | cheap |
Holly Fields, LLC | church |
Snow Sky, LLC | city |
Black Corner, LLC | claims |
Fox Shadow, LLC | cleaning |
Goose Park, LLC | clinic |
Steel Lake, LLC | clothing |
Koko Island, LLC | coach |
Puff Willow, LLC | codes |
Trixy Cover, LLC | coffee |
Fox Orchard, LLC | community |
Silver Avenue, LLC | company |
Pine Mill, LLC | computer |
Pine House, LLC | condos |
Fox Dynamite, LLC | construction |
Magic Woods, LLC | contractors |
Koko Lake, LLC | cool |
Black Island, LLC | coupons |
Snow Shadow, LLC | credit |
Binky Frostbite, LLC | creditcard |
Spring Way, LLC | cruises |
Pine Fest, LLC | dating |
Sand Sunset, LLC | deals |
Steel Station, LLC | delivery |
Tin Birch, LLC | dental |
John Edge, LLC | diamonds |
Dash Park, LLC | digital |
Half Trail, LLC | direct |
Extra Madison, LLC | directory |
Holly Hill, LLC | discount |
Koko Mill, LLC | dog |
Sugar Cross, LLC | domains |
Brice Way, LLC | education |
Spring Madison, LLC | |
Binky Birch, LLC | energy |
Romeo Canyon, LLC | engineering |
Snow Oaks, LLC | enterprises |
Corn Station, LLC | equipment |
Trixy Park, LLC | estate |
Pioneer Maple, LLC | events |
Spring Falls, LLC | exchange |
Magic Pass, LLC | expert |
Victor Beach, LLC | exposed |
Sea Sunset, LLC | express |
Atomic Pipe, LLC | fail |
Just Maple, LLC | farm |
Cotton Cypress, LLC | finance |
Just Cover, LLC | financial |
Fox Woods, LLC | fish |
Brice Orchard, LLC | fitness |
Fox Station, LLC | flights |
Half Cypress, LLC | florist |
Foggy Farms, LLC | football |
John Dale, LLC | foundation |
John Castle, LLC | fund |
Lone Fields, LLC | furniture |
Silver Tigers, LLC | fyi |
Sugar House, LLC | gallery |
Goose Sky, LLC | gifts |
Black Cover, LLC | glass |
June Edge, LLC | gold |
Lone Falls, LLC | golf |
Over Madison, LLC | graphics |
Pioneer Tigers, LLC | gratis |
Corn Sunset, LLC | gripe |
Snow Moon, LLC | guide |
Pioneer Cypress, LLC | guru |
Silver Glen, LLC | healthcare |
Half Willow, LLC | hockey |
John Madison, LLC | holdings |
Goose Woods, LLC | holiday |
Sugar Park, LLC | house |
Auburn Bloom, LLC | immo |
Outer House, LLC | industries |
Outer Maple, LLC | institute |
Pioneer Willow, LLC | insure |
Wild Way, LLC | international |
Holly Glen, LLC | investments |
Wild Bloom, LLC | jewelry |
Just Goodbye, LLC | kitchen |
Pine Moon, LLC | land |
Victor Trail, LLC | lease |
Blue Falls, LLC | legal |
Trixy Oaks, LLC | life |
John McCook, LLC | lighting |
Big Fest, LLC | limited |
Hidden Frostbite, LLC | limo |
June Woods, LLC | loans |
Victor Frostbite, LLC | maison |
John Goodbye, LLC | management |
Fern Pass, LLC | marketing |
Lone Hollow, LLC | mba |
Grand Glen, LLC | media |
Dog Beach, LLC | memorial |
Outer McCook, LLC | money |
New Frostbite, LLC | movie |
Trixy Manor, LLC | network |
Magic Glen, LLC | partners |
Sea Goodbye, LLC | parts |
Sugar Glen, LLC | photography |
Sea Corner, LLC | photos |
Foggy Sky, LLC | pictures |
Foggy Moon, LLC | pizza |
Snow Galley, LLC | place |
Spring Tigers, LLC | plumbing |
Sugar Mill, LLC | plus |
Magic Birch, LLC | productions |
Big Pass, LLC | properties |
Grand Island, LLC | recipes |
New Cypress, LLC | reisen |
Big Hollow, LLC | rentals |
Lone Sunset, LLC | repair |
Binky Glen, LLC | report |
Snow Avenue, LLC | restaurant |
Snow Park, LLC | run |
Delta Orchard, LLC | sarl |
Little Galley, LLC | school |
Outer Moon, LLC | schule |
Fox Castle, LLC | services |
Binky Galley, LLC | shoes |
Snow Beach, LLC | show |
Fern Madison, LLC | singles |
Foggy Shadow, LLC | soccer |
Ruby Town, LLC | solar |
Silver Cover, LLC | solutions |
Binky Moon, LLC | style |
Atomic Fields, LLC | supplies |
Half Falls, LLC | supply |
Grand Orchard, LLC | support |
Tin Avenue, LLC | surgery |
Dash Cypress, LLC | systems |
Storm Orchard, LLC | tax |
Pine Falls, LLC | taxi |
Atomic Lake, LLC | team |
Auburn Falls, LLC | technology |
Cotton Bloom, LLC | tennis |
Blue Tigers, LLC | theater |
Victor Manor, LLC | tienda |
Corn Willow, LLC | tips |
Dog Edge, LLC | tires |
Pearl Woods, LLC | today |
Pioneer North, LLC | tools |
Sugar Station, LLC | tours |
Koko Moon, LLC | town |
Pioneer Orchard, LLC | toys |
Wild Willow, LLC | training |
Little Station, LLC | university |
Atomic Tigers, LLC | vacations |
Binky Lake, LLC | ventures |
Black Madison, LLC | viajes |
New Sky, LLC | villas |
Holly Shadow, LLC | vin |
Koko Station, LLC | vision |
Ruby House, LLC | voyage |
Sand Shadow, LLC | watch |
June Station, LLC | wine |
Little Dynamite, LLC | works |
Bitter Fields, LLC | world |
Hidden Way, LLC | wtf |
Outer Falls, LLC | zone |
II Registry Website
The Registry Website is located at http://www.donuts.co/
III Definitions
The following definitions apply to this clause:
Applicant means a natural person, company, or organization submitting an Application for a domain name registration or a DPML Block. Applicant has the same meaning as 'you', 'your' or 'Registrant' under this Registration Agreement.
Auction means the auction to determine the prevailing registrant when more than one Applicant submits an Application for the identical domain name.
Auction Provider means the auction provider(s) published on the Registry Website, which may vary.
Available Domain Names means a domain name that is not already registered or a Reserved Domain Name (as defined below under 'VIII Domain Names').
DPML Block means the block, upon certain terms and conditions, preventing the registration of a second level domain (SLD) across each New gTLD (e.g., a DPML Block for the term 'mansion' will generally block that SLD from being registered as a domain name in participating New gTLDs, such as 'mansion.bike' or 'mansion.guru' etc.).
Domain Protected Marks List Service or DPML Service means the service that blocks certain SLDs from registration across each New gTLD which is provided pursuant to DPML Service terms and conditions.
DPML Block means the block, upon certain terms and conditions, preventing the registration of a second level domain (SLD) across each New gTLD (e.g., a DPML Block for the term 'mansion' will generally block that SLD from being registered as a domain name in participating New gTLDs, such as 'mansion.bike' or 'mansion.guru' etc.).
DPML Block Request is a request submitted by Domain Directors on behalf of an Applicant who desires to block from registration names contained within the SMD File.
Early Access Program or Priority Registration Period means the service offered by Domain Directors allowing registrants to register domain names during the first days of the General Availability period (as specified at the Registry Website).
Early Access Program Fee or Priority Registration Fee means the non-refundable and one-time fee charged by Ripple Networking for each registration made during the Priority Registration Period.
Shared Registration System or SRS means the system of computers, networking equipment, data stores, software services and network connectivity that allows registrars to provision objects for the purpose of applying for, registering, modifying and maintaining registrations and allows registrars to provision objects to apply for, register, modify and maintain DPML Blocks.
Priority Pre-Registration means an Application submitted to Ripple Networking in advance of the Priority Registration Period beginning which Ripple Networking will process once the Priority Registration Period begins.
IV Acknowledgment
You acknowledge and agree to obey, comply with and be bound by any and all registry rules, policies and agreements, and any and all updates, revisions and modifications thereto, for these New gTLD spaces, and that you have read and understand the Registry Policies, which may be found here and are incorporated herein by reference, including without limitation the Acceptable Use and Anti-Abuse Policy, IDN Policy, Reserved Names, RDDS Access Policy, Searchable WHOIS Policy, Sunrise and DPML Dispute Resolution Policy and Privacy Policy.
You acknowledge and agree:
- determinations of the Registry and the TMCH regarding any Applications, DPML Applications, registrations, or DPML Blocks shall be final and non-appealable; provided, however, that such determination will not affect rights Domain Directors may have under applicable law, ICANN Policies, or Registry provided dispute resolution procedures;
- the Registry and its affiliates, and their respective, managers, directors, employees, contractors and agents (including the TMCH and the Auction Provider) are not a party to any agreement between Domain Directors and you or any Applicants, or any party acting in the name and/or on behalf of you or such Applicants;
- if you are found to have repeatedly engaged in abusive registrations or practices (directly or indirectly), the Registry may, in its' sole discretion, disqualify you from maintaining any current or future domain name registrations or DPML Blocks any of the New gTLDs.
V Pricing
You acknowledge and agree that domain names in these New gTLDs
- are variably priced (i.e. some domain names are the lowest-priced and most common type of domain name made available on a first-come-first-served basis (Standard Names), and others domain names are designated by the Registry (in its sole discretion) for non-standard pricing (Premium Names)), and
- will have non-uniform renewal registration pricing such that the fees due for a domain name registration renewal may differ from other domain names in the same New gTLD (or another New gTLD operated by another Registry).
Fees applicable to Sunrise, Priority Registration Period and the DPML Service are stated on the website, and processed in accordance with the terms of this Registration Agreement. In requesting any such service(s), you agree to pay the relevant fees.
VI Sunrise
During Sunrise, Applicants with one or more SMD Files have access to submit Sunrise Applications. Each Applicant for a Sunrise Registration must include one or more SMD Files corresponding to the applied for domain name and must meet the qualifications specified by ICANN Policies and detailed in the TMCH Guidelines, as they may change from time to time. Unlike registrations that occur outside Sunrise, Sunrise Registrations are unaffected by, and will override, domain names whose SLDs are under DPML Block. If more than one Applicant submits a Sunrise Application for an identical domain name, the prevailing registrant will be determined by an auction process, as described at the Registry Website.
In submitting a Sunrise Application (or modifying any Sunrise Registration), the Sunrise Applicant or registrant (as the case may be) represents and warrants that it has acknowledged that:
- the Sunrise Application or Sunrise Registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
- it shall participate in good faith in any proceedings described in this Registration Agreement (or in the registry-registrar agreement between Domain Directors and the Registry);
- the Registry or its agents are authorized to share information to the TMCH, other Sunrise Applicants, or the general public relating to Applicant's Sunrise Application;
- the Sunrise Applicant or Registrant accepts and will abide by the Registry Policies;
- the Registry shall be entitled, but not obligated, to reject a Sunrise Application or Sunrise Registration, or to delete, revoke, cancel or transfer a Sunrise Registration:
- to enforce Registry Policies and ICANN Policies, each as amended from time to time;
- that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by ICANN Policies or Registry Policies;
- to protect the integrity and stability of the SRS or the operation or management of the Registry;
- to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
- to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
- to correct mistakes made by the Registry or Domain Directors in connection with a Sunrise Registration;
- if the Registry receives notice that the SMD File is under dispute; or
- as otherwise provided in this Registration Agreement, or the registry-registrar agreement between Domain Directors and the Registry.
You consent to, acknowledge and agree that:
- the Registry may publish all or any portion of a pending Sunrise Application (e.g., via Whois);
- the Registry will notify all registrars sponsoring Sunrise Applications applying for the same domain name of pending Auctions for such Sunrise Applications;
- Domain Directors receiving notice of a pending Auction will pass on such notice (via email) to their Sunrise Applicants;
- at the conclusion of an Auction for a domain name, the sponsoring registrar for a Sunrise Application in an Auction will either receive a poll message informing it that its sponsored Application:
- prevailed in the Auction, that the domain name has been awarded to the sponsored Applicant, and that such domain name is active; or
- lost in the Auction.
- the Registry will notify the TMCH of successful Sunrise Applications once the corresponding Sunrise Registration has been activated.
VII Priority Registration Period
During the Priority Registration Period, you may purchase Available Domain Names by paying a Priority Registration Fee for each domain name, in addition to the domain name registration fee. Applications during the Priority Registration Period may be submitted for any Available Domain Names. The Priority Registration Fee will be refunded only in the event the domain name registration is not successful (minus an administration fee of $25 charged by Ripple Networking for processing the Priority Registration Period request).
VIII Domain Names
The Registry may permanently or temporarily reserve at any time from registration, including, without limitation, domain names:
- reserved for operations and other purposes, including without limitation certain Premium Names, which the Registry may change from time to time;
- Reserved or restricted to comply with ICANN Policies, including those reserved for certain third parties; or
- still pending, in process, or otherwise not available, such as domain names that are still pending processing of Sunrise registration; (referred to as a Reserved Domain Name).
In making an Application for registration of a domain name, you acknowledge and agree that:
- the Application or subsequent registration contains true, accurate and up-to-date information, and is made in good faith, for a lawful purpose and does not infringe the rights of any third party;
- you shall participate in good faith in any proceedings commenced by or against you or the Registrant as described in the Registry Policies or the registry-registrar agreement between Domain Directors and the Registry;
- you or the Registrant accepts and will abide by the Registry Policies;
- the Registry shall be entitled, but not obligated, to reject an Application or registration, or to delete, revoke, suspend, cancel or transfer a registration:
- to enforce Registry Policies and ICANN Policies, each as amended from time to time;
- that is not accompanied by complete and accurate information, or where required information is not updated or corrected, as required by Registry Policies or ICANN Policies;
- to protect the integrity and stability of the SRS or the operation or management of the Registry;
- to comply with applicable laws, regulations, policies or any holding, order, or decision by a competent court or administrative authority, or any dispute resolution service provider the Registry may retain to oversee the arbitration and mediation of disputes;
- to establish, assert, or defend the legal rights of the Registry or a third party, or to avoid any actual or potential civil or criminal liability on the part of or damage to the Registry or its affiliates, subsidiaries, contracted parties, officers, directors, representatives, employees, contractors, and stockholders;
- as otherwise provided in the Registry Policies or the registry-registrar agreement between Domain Directors and the Registry;
- it is not the obligation of the Registry (or of Domain Directors) to notify a Registrant in advance of the termination or expiration (for any reason) of a domain name registration. The Registry shall be entitled, but not obligated, to immediately suspend or cancel any domain name registration that is in breach of this Registration Agreement or the registry-registrar agreement between Domain Directors and the Registry, Registry Policies, or any other applicable law or regulation.
IX DPML
Applicants with one or more SMD Files may generally purchase directly a DPML Block which may be applicable across each New gTLD. DPML Blocks are available initially for a five (5) to ten (10) year period and then may be renewed for up to a maximum DPML Block period of ten (10) years.
X Personal Data
The Registry may from time to time use data submitted by Domain Directors for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties. You agree and consent to such use by the Registry.
XI Indemnity
YOU AGREE YOU SHALL, WITHIN THIRTY (30) DAYS OF DEMAND, INDEMNIFY, DEFEND AND HOLD HARMLESS THE REGISTRY OPERATOR, ANY SERVICE PROVIDERS OF THE REGISTRY, DOMAIN DIRECTORS 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 agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without DOMAIN DIRECTORS' prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
XII Liability
You agree that no greater or other damages may be claimed from the Registry or the TMCH.
XIII Third Party Beneficiaries
Both Domain Directors and you expressly agree that
- ICANN is an intended third-party beneficiary of this Agreement,
- the Registry is an intended third-party beneficiary of this Registration Agreement, and
- the third-party beneficiary rights of both ICANN and the Registry shall survive any termination or expiration of this Registration Agreement.
XIV Governing Law
With regards to each New gTLD, this Registration Agreement will be interpreted and governed by the internal laws of the State of Washington, United States of America, in all respects and as applied to agreements entered into among Washington residents to be performed entirely within Washington, without giving effect to any choice or conflict of law provision or rule (whether of the State of Washington or any other jurisdiction) that would cause the application of laws of any jurisdictions other than those of State of Washington.
18.2 TERMS SPECIFIC TO .MENU DOMAIN NAMES
I Registry
The party operating as 'Registry' for .MENU is Wedding TLD2 LLC.
II Registry Website
The Registry Website is located at http://www.dot-menu.com/
III Disputes
You agree to submit to proceedings commenced under other dispute policies as set forth by Registry Operator from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry.
IV Third Party Beneficiaries
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 Registration Agreement. As such the parties to this 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 Domain Directors 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.
18.3 TERMS SPECIFIC TO .LINK, .TATTOO, .SEXY, .PICS, .PHOTOS, .CHRISTMAS, .BLACKFRIDAY, .GUITARS AND .HIPHOP DOMAIN NAMES
I Registry
The party operating as 'Registry' for the above listed New gTLDs is Uniregistry, Corp.
For clarity, a reference to 'New gTLD' in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II Registry Website
The Registry Website is located at http://uniregistry.com/
III Disputes
You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the Registry.
IV Acknowledgment
As a condition of purchasing and using a New gTLD domain name, you agree:
- Registered domain names allocated to registrants during any Sunrise period are non-transferrable for the first ten (10) years after registration;
- If you have purchased a domain name in the .SEXY TLD, then you shall not permit content unsuitable for viewing by a minor to be viewed from the main or top-level directory of a .SEXY domain name. For purposes of clarity, content viewed at the main or top-level directory of a .SEXY domain name is the content immediately visible if a user navigates to http://example.sexy or http://www.example.sexy. No restrictions apply to the content at any other page or subdirectory addressed by a .SEXY registered domain name.
18.4 TERMS SPECIFIC TO .ACTOR, .ATTORNEY, .AUCTION, .CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FUTBOL, .GIVES, .IMMOBILIEN, .KAUFEN, .LAWYER, .MARKET, .MODA, .MORTGAGE, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .ROCKS, .SOCIAL, .SOFTWARE AND .VET DOMAIN NAMES
I Registry
The party operating as 'Registry' for the above listed New gTLDs is United TLD Holdco Ltd trading as 'Rightside Registry'.
For clarity, a reference to 'New gTLD' in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II Registry Website
The Registry Website is located at http://rightside.co/
III Indemnity
YOU AGREE YOU SHALL, WITHIN THIRTY (30) DAYS OF DEMAND, INDEMNIFY, DEFEND AND HOLD HARMLESS UNITED TLD HOLDCO LTD, DOMAIN DIRECTORS AND THEIR RESPECTIVE AFFILIATES AND SUBSIDIARIES, AS WELL AS EACH OF THE RESPECTIVE OWNERS, DIRECTORS, MANAGERS, EMPLOYEES, OFFICERS, 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 agree that you shall not enter into any settlement or compromise of any such indemnifiable claim without Domain Directors' or United TLD Holdco Ltd's prior written consent, which consent shall not be unreasonably withheld. This indemnification obligation shall survive the termination or expiration of the Registration Agreement for any reason.
IV Personal Data
The Registry may from time to time use data submitted by Domain Directors for statistical analysis, provided that any such analysis will not disclose individual non-public Personal Data and such non-public Personal Data is only used for internal business purposes. The Registry will not share, sell, rent or otherwise disclose such non-public Personal Data to any third parties. You agree and consent to such use by the Registry.
V Third Party Beneficiaries
Notwithstanding anything in this Registration Agreement to the contrary, United TLD Holdco Ltd is and shall be an intended third party beneficiary of this Registration Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of United TLD Holdco Ltd have vested and that United TLD Holdco Ltd has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Domain Directors being a registrar for the .ACTOR, .ATTORNEY, .AUCTION, .CONSULTING, .DANCE, .DEGREE, .DEMOCRAT, .DENTIST, .ENGINEER, .FUTBOL, .GIVES, .IMMOBILIEN, .KAUFEN, .LAWYER, .MARKET, .MODA, .MORTGAGE, .NINJA, .PUB, .REHAB, .REPUBLICAN, .REVIEWS, .ROCKS, .SOCIAL, .SOFTWARE AND .VET TLDs. Additionally, the third party beneficiary rights of United TLD Holdco Ltd shall survive any termination of this Registration Agreement.
VI Additional Registration Agreement Terms
The following terms and conditions (the "Registration Terms") supplement, and are incorporated into, this Registration Agreement between you ("you"), a registrant, and Domain Directors, the ICANN Accredited 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 these Registration Terms and any other terms of your Registration Agreement with Domain Directors, these Registration Terms shall prevail:
- 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 Website (including without limitation those located here). 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 http://www.icann.org/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 service 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"), 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:
- WAIVING CLAIMS THAT YOU MIGHT OTHERWISE HAVE AGAINST THE REGISTRY, ITS EMPLOYEES, AFFILIATES AND SUBSIDIARIES, AND SERVICE PROVIDERS, BASED ON THE LAWS OF OTHER JURISDICTIONS, INCLUDING YOUR OWN;
- 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
- SUBMITTING YOURSELF TO THE PERSONAL JURISDICTION OF COURTS LOCATED IN THE STATE OF 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 A 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 THE LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL DAMAGES, IN SUCH STATES OR JURISDICTIONS, THE REGISTRY'S LIABILITY, AND THE LIABILITY OF THE REGISTRY'S AFFILIATES AND SERVICE PROVIDERS, 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 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.
18.5 TERMS SPECIFIC TO .TRADE, .MEN, .WEBCAM, .SCIENCE, .DATE, .BID, .LOAN, .FAITH, .WIN, .REVIEW, .ACCOUNTANT, .DOWNLOAD, .MUSIC, .MOVIE, .TICKETS, .ENERGY, .SPORT, .CAM, .SALE, .LAW, .FASHION, .BOOK, .BINGO, .WINE, .PARTY, .BET, .FOOTBALL, .BABY, .CHARITY, .RUGBY, .MONEY, .SHOP, .BASKETBALL, .RUN, .TENNIS, .RESTAURANT, .CRICKET, .STREAM, .APP, .CHAT, .GOLF, .DIET, .GAME, .BUY, .DELIVERY, .CASINO, .POKER, .TAXI, .HOTEL, .HOCKEY, .LOVE, .SEARCH, .SOCCER, .NEWS, .RACING, .FORUM and .PLAY DOMAIN NAMES
I Registry
The party operating as 'Registry' for the associated New gTLD can be determined by referring to this list.
Party Operating as Registry | TLD |
---|---|
Elite Registry Limited | trade |
Exclusive Registry Limited | men |
Dot Webcam Limited | webcam |
Dot Date Limited | date |
Dot Bid Limited | bid |
Dot Faith Limited | faith |
First Registry Limited | win |
Dot Review Limited | review |
Dot Accountant Limited | accountant |
Dot Support Limited | donload |
Premier Registry Limited | racing |
Blue Sky Registry Limited | party |
Dot Cricket Limited | cricket |
Dot Science Limited | science |
For clarity, a reference to 'New gTLD' in this clause shall be interpreted as an individual reference to each of the above listed New gTLDs.
II Registry Website
The Registry Website is located at www.famousfourmedia.com
III Indemnity
You agree to indemnify, defend and hold harmless the Registry Operator, and its subcontractors (including the registry back-end services provider) 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 your domain name registration, except due to Registry Operator's negligence, error or omission. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV Data Protection
You agree it is a condition of your domain name registration that you (if you are an identified or identifiable person) agree that the relevant personal data submitted to Domain Directors as part of the registration process shall be submitted to the Registry Operator for the following reasons:
- inclusion in the said searchable WHOIS directory providing free public query-based access to the details as required by clauses 1.5 and 1.6 of specification 4 of the Registry Agreement;
- research on an amalgamated statistical basis;
- day to day operations of the Registry Operator, including, email contact by the Registry Operator with the Registered Name Holder as required by any acceptable use policy;
- to our service providers which/who provide legal, accounting, delivery, installation, systems support, escrow, marketing, clearinghouse and other Registry services on our behalf;
- as may be required by law enforcement agencies or a court order or other compulsory operation of law applicable to the Registry Operator;
- as may be required by ICANN in accordance with a zone file access request in accordance with specification 4 of the Registry Agreement.
IV Pricing
You agree to higher renewal pricing for your domain name where, at the time of the initial registration of the domain name, clear and conspicuous disclosure of such renewal pricing was made to you.
18.6 TERMS SPECIFIC TO .BUZZ DOMAIN NAMES
I Registry
The party operating as 'Registry' for .BUZZ is Wedding DotStrategy, Co.
II Registry Website
The Registry Website is located at http://www.buzznames.biz/
III Definitions
The following definitions apply to this clause:
Auction means the auction to determine the prevailing registrant when more than one Applicant submits an Application for the identical domain name.
Auction Provider means the auction provider(s) published on the Registry Website, which may vary.
Premium Name means those domains considered of high value, as determined by the Registry in its sole discretion.
IV Indemnity
You agree to indemnify, defend and hold harmless the Registry and NeuStar, Inc. and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney's fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant's .buzz domain name registration. This indemnification obligation survive the termination or expiration of this Registration Agreement.
V Dispute Resolution Mechanisms
You accept and agree that the Registry
- will comply with the following dispute resolution mechanisms (as may be revised from time to time) the
- Trademark Post-Delegation Dispute Resolution Procedure (PDDRP), and
- Registration Restriction Dispute Resolution Procedure (RRDRP) adopted by ICANN, and
- has agreed to
- implement and adhere to any remedies ICANN imposes (which may include any reasonable remedy, including for the avoidance of doubt, the termination of the Registry Agreement) following a determination by any PDDRP or RRDRP panel and to be bound by any such determination; and
- the Uniform Rapid Suspension system (URS) adopted by ICANN, including the implementation of determinations issued by URS examiners.
VI Orphan Records
The Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
VII Sunrise
By submitting a Sunrise Application, you authorise each of Domain Directors, the Registry and/or the Registry's authorized Auction Provider or agent to share information relating to the Sunrise Application with other Sunrise Applicants. In the event any Sunrise Applicant proceeds with a Sunrise Registration, such Applicant will be deemed on notice of the intellectual property claims submitted by the other Sunrise Applicant(s) and may not claim lack of notice with regard to such Applicant(s) in any subsequent dispute proceeding.
VIII Premium Names
You acknowledge and agree that if you seek to register a Premium Name (as determined by the Registry in its sole discretion), then use of the name is also subject to additional terms and conditions contained in a separate agreement between the Registrant and the Registry, and that the Registrant's rights in any such name are also governed by the terms of that separate Premium Name agreement.
IX Acknowledgment
You acknowledge and agree that both the Registry and Domain Directors, each party's subcontractors, affiliates, agents, and/or service providers shall have no liability of any kind for any direct or indirect loss or liability resulting from or arising in connection with the Sunrise, Landrush, Founder's Program, Premium domain or Auction processes, including, without limitation: (a) the Registry's or our ability or inability to reserve a name in the .BUZZ TLD through this process, and (b) any dispute between any parties arising in connection with this process.
18.7 TERMS SPECIFIC TO .CLUB DOMAIN NAMES
I Registry
The party operating as 'Registry' for .CLUB is .Club Domains LLC.
II Registry Website
The Registry Website is located at http://www.dotclub.com/
III Indemnity
You agree to indemnify, defend and hold harmless the Registry and NeuStar, Inc. and their subcontractors, subsidiaries, affiliates, divisions, shareholders, directors, officers, employees, accountants, attorneys, insurers, agents, predecessors, successors and assigns, from and against any and all claims, demands, damages, losses, costs, expenses, causes of action or other liabilities of any kind, whether known or unknown, including reasonable legal and attorney's fees and expenses, in any way arising out of, relating to, or otherwise in connection with the Registrant's .club domain name registration. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV Orphan records
The Registry reserves the right to take immediate action to remove orphan glue records (as defined at http://www.icann.org/en/committees/security/sac048.pdf) when provided with evidence in written form that such records are present in connection with malicious conduct.
18.8 TERMS SPECIFIC TO .TOKYO, .NAGOYA AND .YOKOHAMA DOMAIN NAMES
I Registry
The party operating as 'Registry' for .TOKYO, .NAGOYA and .YOKOHAMA is GMO Registry, Inc.
II Registry Website
The Registry Website is located at http://www.gmo-registry.com
III Indemnity
You agree to indemnify, defend and hold harmless the Registry, including its directors, officers, employees, subcontractors and agents, to the maximum extent required by law, from and against any claims, damages, liabilities, costs and expenses arising out of or relating to any application and/or request for the registration of a domain name made hereunder, the registration of a domain name and/or the use of a domain name. This indemnification obligation survive the termination or expiration of this Registration Agreement.
IV Personal Data
In addition to clause 6 of this Registration Agreement, you acknowledge and accept that the Registry may make use of such your Personal Data, which use includes the processing, copying, publishing, modifying and making available through the Whois, of any such data, and authorise its subcontractors and agents to do the same, in accordance and compliance with relevant applicable data protection and privacy legislation, and for the sole purposes of allowing Domain Directors to render domain name registration services under this Registration Agreement.
18.9 TERMS SPECIFIC TO .LUXURY DOMAIN NAMES
I Registry
The party operating as 'Registry' for .LUXURY is Luxury Partners LLC.
II Registry Website
The Registry Website is located at http://www.dotluxury.com
III Dispute
You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the .LUXURY Registry.
IV Third Party Beneficiaries
Notwithstanding anything in this Agreement to the contrary, Luxury Partners, LLC, the Registry Operator of the .LUXURY TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Luxury Partners, LLC have vested and that Luxury Partners, LLC has relied on its third party beneficiary rights under this Registration Agreement in agreeing to Domain Directors being a registrar for the .LUXURY TLD. Additionally, the third party beneficiary rights of Luxury Partners, LLC shall survive any termination of this Registration Agreement.
18.10 TERMS SPECIFIC TO .KIWI DOMAIN NAMES
I Registry
The party operating as 'Registry' for .KIWI is Dot Kiwi Limited.
II Registry Website
The Registry Website is located at http://www.hello.kiwi/
III Acknowledgment
You acknowledge and agree that 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 to comply with the specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs).
IV Dispute
You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to the Dispute Resolution Service (DRS) and Complaint Resolution Service (CRS).
V Indemnity
You agree to indemnify, defend and hold harmless the Registry and its subcontractors, and its and their employees, directors, officers, representatives, delegates, shareholders, affiliates, agents, successors, and/or assigns 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, the Registrant's domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
VI Additional Registration Agreement Terms
The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (you), a registrant, and Domain Directors. These Registration Terms are part of the Registry Policies. In the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Domain Directors, these Registration Terms shall prevail:
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By applying to register or renew a domain name in this Registry (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of the Registration Agreement, as well as the other documents in the Registry Policies.
The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in this Registry and explain the terms, conditions, rights, and obligations between the Registry, the registrar and the Registrant. Those parts of the Registry Policies that are not part of the text of these Registration Terms are incorporated herein by reference.
The Registry may, in its sole discretion, modify the Registry Policies from time to time with ninety (90) days prior written notice. The Registry shall post the current version of the Registry Policies on the Registry Website.
The Registrant's continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Website, which shall be the effective date, constitutes the Registrant's acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant's sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or registrar Policies regarding such cancellation.
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Registration Fees
The Registrant shall pay to Domain Directors the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Domain Directors. Payment of the Registration Fee shall be made in accordance with the requirements of Domain Directors, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Registration Agreement are non-refundable except as provided for herein. It is the responsibility of Domain Directors to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate Domain Directors Registration Fee is paid. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non–performance by Domain Directors; the Registry disclaims any and all liability for any losses incurred as a result of any Domain Directors non-performance including where a third party may obtain registration of a domain name for which an Application has been submitted.
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Registrant Information
The Registry reserves and may exercise the right to suspend and/or terminate the Registrant's registration of the domain name if:
- information provided by the Registrant to Domain Directors and/or Registry appears, in the Registry's sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or
- the Registrant fails to maintain, update, and/or keep all information true, current, complete, accurate, and reliable.
In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Domain Directors, suspend the Registrant's domain name(s) upon the Registry's receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of these Registration Terms and the Registration Agreement, which will entitle the Registry or Domain Directors to terminate this Registration Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant.
- The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Domain Directors may be publicly available to third parties via a public "Whois" service, as required by ICANN and as allowed by applicable laws.
- Registrants must provide all contact information as required by Domain Directors. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within the TLD. If any information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
- The Registrant is responsible for responding in a timely fashion to communications from Domain Directors or the Registry regarding any domain name registered by or on behalf of the Registrant.
- The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right.
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Registrant's Agents
The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by these Registration Terms and the Registration Agreement (including the Registry Policies), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into the Registration Agreement on the Registrant's behalf, and even if the Registrant has not itself read these Registration Terms or the Registration Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel the Registration Agreement due to any errors or omissions by the Registrant's agent in the registration process or thereafter (e.g., if such agent provides incorrect information), as the agent's apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant's behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Registrant Agreement (including the Registry Policies).
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Scope of Registration
On payment of the Registration Fee to Domain Directors (and after payment by Domain Directors to the Registry of the separate registrar registration fee), and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of these Registration Terms and the Registration Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegate, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies or these Registration Terms or the Registration Agreement, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of these Registration Terms and the Registration Agreement, and accepts liability for any harm caused by such sublicensor or third party's use of the domain name in contravention of these Registration Terms or the Registration Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub- licensor, or any other third party, will constitute a material breach of these Registration Terms and the Registration Agreement, which will entitle the Registry to terminate this Registration Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry's sole discretion. Further, in the event of such termination, the Registry or Domain Directors may, in such party's sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant's domain name or any other domain name which, in the sole discretion of the Registry or its delegate, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause ("cause" being defined as dishonouring any payment made to an Domain Directors and/or the Registry or any violation of the Registry Policies), neither the Registry nor Domain Directors shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry's or Domain Directors' refusal to register, or decision to discontinue services for, the Registrant's domain name, including to the extent permitted by applicable law in cases of negligence.
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Registrant Representations and Warranties
The Registrant represents, warrants, and covenants that:
- the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the term paid for, subject to compliance with these Registration Terms, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time;
- the Registrant is either:
- an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or,
- a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Agreement and the Registry Policies;
- the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
- register a domain name for the purpose of unlawfully diverting trade from another business or website;
- registering a domain name as a blocking registration against a name or mark in which a third party has rights;
- registering a domain name for the purpose of unfairly disrupting the business of a third party;
- deliberately register as a domain name misspellings of another person or entity's personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party's intellectual property rights;
- grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Agreement, does not impair the Registrant's ability to fulfil the Registrant's obligations under this Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
- the Registrant meets, and will continue to meet for the whole of the domain registration term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
- the Registrant will maintain all information provided pursuant to the requirements of the Registration Agreement;
- the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
- the Registrant is relying on the same eligibility criteria for both domain name Applications; and
- the domain name application has previously been rejected;
- any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
- the Registrant has not relied upon any representation or promise which does not appear in the Registration Agreement;
- the Registrant's use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
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Breach and Cure
Failure of a Registrant to abide by any provision of these Registration Terms or the Registration Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Domain Directors, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Domain Directors, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry's sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant's registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Domain Directors, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then an Domain Directors and/or the Registry may, with the cooperation of Domain Directors, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Domain Directors with regard to acts by such parties under this Section.
The Registry may delegate authority to:
- investigate any breach or potential breach of the Registry Policies; and
- take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.
In such circumstances, neither the Registry, Domain Directors, nor their respective employees, directors, officers, affiliates, representatives, delegates, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
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Disputes Between Registrants
The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant's legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party's rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDPR, applicable ICANN Consensus Policies, and the Registry's CRS and DRS. The Registrant will be solely liable in the event that the Registrant's use of the domain name constitutes an infringement or other violation of a third party's rights.
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Indemnity
The Registrant shall indemnify and hold harmless the Registry, Domain Directors, and such parties' officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys' fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant's use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant's indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of the Registration Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party's right to seek indemnification by way of litigation or otherwise.
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DISCLAIMER AND LIMITATION OF LIABILITY
THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY'S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, DISPUTE RESOLUTION SERVICE, AND/OR THE REGISTRY-REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION):
- SUPPLYING THE DOMAIN NAME AGAIN; OR
- PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING," DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME. IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE OR DISPUTE RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THE REGISTRATION AGREEMENT.
IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS- DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES' BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THE REGISTRATION AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THE REGISTRATION AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
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Notices
Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to: Dot Kiwi Limited, PO Box 8207, Symonds Street, Auckland, New Zealand. Notices mailed by official mail shall be deemed delivered on signed receipt. Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant's email address or fax number as recorded in the Whois; such notice to be deemed delivered upon transmission.
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Governing Law/Forum Selection
For all disputes in which the Registry may be or is a party, these Registration Terms and the Registration Agreement shall be exclusively governed by and construed in accordance with the laws of New Zealand and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of New Zealand, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, these Registration Terms or the Registration Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of New Zealand. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by the governing law and/or forum selection specified in clause 17 of the Registration Agreement.
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Ownership of Information and Data
Subject to any limitations of the privacy laws of New Zealand, Registrant agrees and acknowledges that the Registry and/or any Registry delegate shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
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No Waiver
The failure of either party at any time to enforce any right or remedy available to it under this Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
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Written Agreement
The Registration Agreement constitutes a written agreement between the Registrant and Domain Directors for the benefit of the Registry even though the Registrant's Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of the Registration Agreement, and of any notice given in electronic form related to this Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
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Assignment
The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under the Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
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Survival of Obligations
The parties agree that clauses 18.10(VI)(5) (Scope of Registration), 18.10(VI)(6) (Registrant Representations and Warranties), 18.10(VI)(7) (Breach and Cure), 18.10(VI)(8) (Disputes Between Registrants), 18.10(VI)(9) (Indemnity), 18.10(VI)(10) (DISCLAIMER AND LIMITATION OF LIABILITY), 18.10(VI)(11) (Notices), 18.10(VI)(12) (Governing Law/Forum Selection) and 18.10(VI)(13) (Ownership of Information and Data) shall survive the expiry or termination of the Registration Agreement.
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Third Party Beneficiary
The Registry is an intended third party beneficiary of the Registration Agreement with rights to enforce its terms in respect of the .KIWI TLD. The Registrant agrees to cooperate with the Registry or Domain Directors in Registration Agreement compliance-related matters.
18.11 TERMS SPECIFIC TO DOMAIN NAME SPACES OPERATED BY RADIX REGISTRY
I Registry
The party operating as 'Registry' for the associated New gTLD can be determined by referring to this list.
Party Operating as Registry | TLD |
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DotHost Inc. | host |
DotOnline Inc. | online |
DotPress Inc. | press |
DotSite Inc. | site |
DotSpace Inc. | space |
Dot Tech Inc. | tech |
DotWebsite Inc. | website |
For clarity, a reference to 'Registry' or 'New gTLD' in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Domain Directors (as listed above in the heading of this clause).
II Registry Website
The Registry Website is located at http://www.radixregistry.com
III Acknowledgment
You acknowledge and agree that the Registry reserves the right to deny, delete, 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 to comply with the specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs).
IV Pricing
You acknowledge and agree that registration and renewal fee for some domain names in these New gTLDs are variable and may differ from registration and renewal fees for other domain names within those New gTLDs. This includes but is not limited to non-standard pricing for premium domain registration and renewal fees. You agree that registration, renewal and transfers fees for domain names in these New gTLDs are variable.
V Indemnity
You agree to indemnify, defend and hold harmless the Registry, the Registry's service provider and its 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 registrant's domain name registration, any breach of this Registration Agreement with Domain Directors and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
18.12 TERMS SPECIFIC TO .BUILD DOMAIN NAMES
I Registry
The party operating as 'Registry' for .BUILD is Plan Bee LLC.
II Registry Website
The Registry Website is located at http://www.dotbuild.co
III Indemnity
You agree to indemnify, defend and hold harmless Registry, and its subcontractors, 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 Registrant's domain name registration. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
IV Disputes
Submit to proceedings commenced under other dispute policies as set forth by Registry from time to time in the Registry Policies, including but not limited to processes for suspension of a domain name intellectual property rights holders, Internet engineering and security experts or other competent claimants for the purpose of upholding the security, stability and integrity of the .BUILD Registry.
V Third Party Beneficiaries
Notwithstanding anything in this Agreement to the contrary, Plan Bee, LLC, the Registry Operator of the .BUILD TLD, is and shall be an intended third party beneficiary of this Agreement. As such the parties to this agreement acknowledge and agree that the third party beneficiary rights of Plan Bee, LLC have vested and that Plan Bee, LLC has relied on its third party beneficiary rights under this Agreement in agreeing to Domain Directors being a registrar for the .BUILD TLD. Additionally, the third party beneficiary rights of Plan Bee, LLC shall survive any termination of this Agreement.
18.13 TERMS SPECIFIC TO .CEO DOMAIN NAMES
I Registry
The party operating as 'Registry' for .CEO is CEOTLD Pty Ltd.
II Registry Website
The Registry Website is located at http://www.nic.ceo
III Acknowledgment
You acknowledge and agree that 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:
- to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (e.g., RFCs);
- to correct mistakes made by the Registry or any Registrar in connection with a domain name registration;
- if required by a URS, UDRP, CRS proceeding; or
- for the non-payment of fees to the Registry.
IV Dispute
You agree to submit to proceedings commenced under other dispute policies as set forth by the Registry from time to time in the Registry Policies, including but not limited to the Complaint Resolution Service (CRS).
V Indemnity
You agree to indemnify and hold harmless the Registry and its subcontractors, and its and their employees, directors, officers, representatives, delegees, shareholders, affiliates, agents, successors, and/or assigns 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, the Registrant's domain name registration. This indemnification obligation will survive the termination or expiration of this Registration Agreement.
VI Additional Registration Agreement Terms
The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (the Registrant, or you), a registrant, and Domain Directors, the ICANN Accredited registrar that you have used to register or reserve a name in the .CEO TLD. As between you and CEOTLD Pty Ltd, (the Registry, or we), in the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Domain Directors, these Registration Terms shall prevail.
These Registration Terms are part of the Registry's Registry Policies, which form a cohesive framework and must be read in conjunction with one another, as well as with other applicable agreements, policies, laws, and regulations which, taken together, represent the entirety of your obligations and responsibilities with regard to any .CEO TLD domain name registration.
Terms and Conditions
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By applying to register or renew a domain name in the .CEO TLD (hereinafter referred to as an Application) or by registering one or more domain name(s), the Registrant hereby acknowledges that they have read and agree to be bound by all terms and conditions of this Registration Agreement (including without limitation these Registration Terms), as well as the other documents in the Registry Policies.
The most recent Registry Policies apply to any and all domain name applications, domain names, and domain name registrations in the .CEO TLD and explain the terms, conditions, rights, and obligations between the Registry, the Registrar, and the Registrant. Those parts of the Registry Policies that are not part of the text of this Registration Agreement are incorporated into this Registration Agreement by this reference.
The Registry may, in its sole discretion, modify the Registry Policies at any time and from time to time. The Registry shall post the current version of the Registry Policies on the Registry Website. The Registry may inform Domain Directors of changes to the Registry Policies via email, and Domain Directors may in turn notify the Registrant of any changes thereto; the Registrant agrees that such email shall not be considered spam; however, neither the Registry nor Domain Directors shall not be obligated to provide such notice via email or otherwise. The Registrant agrees to check the Registry Website periodically for Registry Policy updates.
The Registrant's continued registration and/or use of a domain name following the date the most current version of the Registry Policies is posted to the Registry Webpage, which shall be the effective date, constitutes the Registrant's acceptance of such revised Registry Policies. In the event that the Registrant does not wish to be bound by the revised Registry Policies, the Registrant's sole remedy is to cancel the registration of any domain name covered by the Registry Policies, by following the appropriate Registry and/or Domain Directors policies regarding such cancellation.
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Registration Fee. The Registrant shall pay to Domain Directors the appropriate registration fee (Registration Fee) applicable at the time the Registrant submits its Application to Domain Directors. Payment of the Registration Fee shall be made in accordance with the requirements of Domain Directors, and the Registry Policies are effective at the time of submission of such application or at the time of payment, whichever is earlier. All Registration Fees paid pursuant to this Registration Agreement are non-refundable except as provided for herein. It is the responsibility of Domain Directors to pay a separate registration fee to the Registry in connection with such domain name application, and the Registry is not bound to accept any application until such separate registration fee is paid by Domain Directors. The Registry will not refund any Registration Fee or other fee to the Registrant in the event of non-performance by Domain Directors; the Registry disclaims any and all liability for any losses incurred as a result of any non-performance by Domain Directors including where a third party may obtain registration of a domain name for which an Application has been submitted.
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Term and Renewal Term. The Registrant's exclusive registration of the domain name shall continue for the term specified in the accepted application (the Term), subject to the Registry's and/or Domain Directors' right to suspend or terminate the domain name pursuant to this Registration Agreement and the Registry Policies, which are incorporated herein by reference. Domain name registrations may be made for an annual term of between one (1) and ten (10) years.
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Registrant Information. The Registrant shall ensure that the information submitted by or on behalf of the Registrant to Domain Directors in connection with registration of the domain name or otherwise (Registrant Information), will, throughout the Term, comply with the Registry Policies as may be in effect from time to time and will remain true, current, complete, accurate, and reliable. The Registrant shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately making such changes in their account with Domain Directors as registrar. The Registry reserves and may exercise the right to suspend and/or terminate the Registrant's registration of the domain name if:
- information provided by the Registrant to Domain Directors and/or Registry appears, in the Registry's sole discretion, to be false, inaccurate, incomplete, unreliable, or misleading in any respect; or
- the Registrant fails to maintain, update, and/or keep the Registrant Information true, current, complete, accurate, and reliable.
In such a circumstance, the Registry may, in its sole discretion, with the cooperation of Domain Directors, suspend the Registrant's domain name(s) upon the Registry's receipt of knowledge that such information is deficient. The Registrant acknowledges that a breach of this Section will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Registration Agreement, resulting in suspension and/or deletion of the domain name, immediately upon such breach without any refund of the Registration Fee and without any obligation of notice to the Registrant. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant's violation of this section.
- The Registrant acknowledges and agrees that all personal information about the Registrant which is supplied to the Registry and/or Domain Directors may be publicly available to third parties via a public "Whois" service, as required by ICANN and as allowed by applicable laws.
- Registrants must provide all contact information as required by Domain Directors. Providing true, current, complete, and accurate contact information is an absolute condition of registration of a domain name within this TLD. If any Registrant Information provided during registration or subsequent modification to that information is false, inaccurate, or misleading or conceals or omits pertinent information, the Registry may, in its sole discretion, terminate, suspend, place on hold, or cancel the domain name registration of any Registrant without notification and without refund to the Registrant.
- The Registrant is responsible for responding in a timely fashion to communications from Domain Directors or the Registry regarding any domain name registered by or on behalf of the Registrant.
- The Registry retains the irrevocable right, but expressly disclaims any obligation, in its sole discretion, to monitor and/or scan any content published or sent under a domain name registered in the Registry, including where such content involves an intrusion or causes modification of Registry or other data, providing such scanning is for the purpose of identifying Internet security vulnerabilities or the presence of malicious software or content capable of causing harm or disruption to the systems of other Internet users or the Registry, or content which is illegal. The Registry may delegate this right to its agents, representatives, successors, and assigns or choose not to exercise the right. The Registry shall not be liable to the Registrant or any third party either for taking action, or failing or declining to take action for the Registrant's violation of this section.
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Registrant's Agents. The Registrant understands, acknowledges, and agrees that by using the domain name, the Registrant accepts the terms and conditions of and is bound by this Registration Agreement (including the Registry Policies incorporated into this Registration Agreement), even if an agent (such as an Internet service provider, domain name retailer, domain name reseller, or employee) entered into this Registration Agreement on the Registrant's behalf, and even if the Registrant has not itself read this Registration Agreement and/or the Registry Policies. Further, the Registrant understands, acknowledges and agrees that it is responsible for all information submitted by its agent. The Registry may, but will not be bound to, cancel this Registration Agreement due to any errors or omissions by the Registrant's agent in the registration process or thereafter (e.g., if such agent provides incorrect Registrant Information), as the agent's apparent authority will be deemed actual authority and will suffice to bind the Registrant. By acting on the Registrant's behalf, such agent represents and warrants to the Registry that the agent is authorised to bind the Registrant hereto and that it has fully and thoroughly advised the Registrant of the terms and conditions of this Registration Agreement (including the Registry Policies incorporated into this Registration Agreement).
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Scope of Registration. On payment of the Registration Fee to Domain Directors and after payment by Domain Directors to the Registry of the separate Domain Directors registrar registration fee, and after acceptance of the application, the Registrant will be entitled to a limited license for the exclusive use of the applied-for domain name which, in the event of sale, assignment, sublicense, or otherwise, the registration and use of the domain name shall at all times be subject to continuing compliance with the terms of this Registration Agreement and the Registry Policies, for the duration of the Term. However, the Registrant may not sublicense, use, display, exploit, or register a domain name in any manner which, in the sole discretion of the Registry or its delegee, may constitute illegal activity or cause or permit any contravention or violation of the Registry Policies, whether or not in connection with the registered domain name. In the event of any assignment, sub-license or similar transaction, the Registrant remains responsible for complying with all terms and conditions of this Registration Agreement, and accepts liability for any harm caused by such sub-licensor or third party's use of the domain name in contravention of this Registration Agreement or the Registry Policies. The Registrant acknowledges that a breach of this Section by the Registrant and/or its agent, assignee, sub-licensor, or any other third party, will constitute a material breach of this Registration Agreement, which will entitle the Registry to terminate this Registration Agreement or take such other action as it deems necessary or desirable, without any refund of the Registration Fee, at the Registry's sole discretion. Further, in the event of such termination, the Registry or Domain Directors may, in such party's sole discretion, refuse registration of domain names by Registrant or discontinue services with respect to the Registrant's domain name or any other domain name which, in the sole discretion of the Registry or its delegee, it deems to be related, including but not limited to other domain names registered by the same Registrant and/or agent. In case of such refusal or discontinuation without cause ("cause" being defined as dishonouring any payment made to Domain Directors and/or the Registry or any violation of the Registry Policies), neither the Registry nor Domain Directors shall be liable for any loss, damage, or other injury whatsoever, including but not limited to economic or consequential loss and/or damages, resulting from the Registry's or Domain Directors' refusal to register, or decision to discontinue services for, the Registrant's domain name, including to the extent permitted by applicable law in cases of negligence.
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Registrant Representations and Warranties. The Registrant represents, warrants, and covenants that:
- the Registrant understands that registration entitles the Registrant only to a limited license for the use of the domain name(s) for the Term, subject to compliance with this Registration Agreement, the Registry Policies and other applicable rules and laws, including those concerning trademarks and other types of intellectual property rights, as these may now exist or be revised from time to time. Registrant agrees to be bound and abide by any ICANN Consensus Policies including, but not limited to, the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS), as now in effect and as may be adopted and/or amended at any time and from time to time;
- neither the registration of the domain name, nor the manner in which it is to be directly or indirectly used by the Registrant or otherwise, will or may infringe the legal rights or intellectual property rights of a third party;
- the Registrant will use or display the domain name in accordance with the laws, rules, and regulations of any applicable national, state, territorial, or international or other laws, rules, and regulations, and ICANN Consensus Policies, and will not use the domain name in any way which violates or may violate a right of the Registry or any third party;
- any violation of these Registry Policies may result in lock, suspension, or termination of the domain name in question or other domain names the Registrant may have registered in the TLD, in the Registry's sole discretion;
- the information provided by the Registrant is true, complete and accurate, and the Registrant will update said information in a timely manner if it changes;
- the Registrant is either:
- an identifiable human individual over the 18 years of age or otherwise recognized as being able to enter into a legally-binding contract under applicable law; or,
- a properly described and legally-recognized entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company for which the Registrant has legally binding authority to enter into this Registration Agreement and the Registry Policies;
- the Registrant will not, directly or indirectly, through registration or use of the domain name or otherwise:
- register a domain name for the purpose of unlawfully diverting trade from another business or website;
- deliberately register as a domain name misspellings of another person or entity's personal, company or brand name(s) or confusingly similar domain name(s) in order to pass-off or trade on the business, goodwill or reputation of another, or otherwise infringe upon a third party's intellectual property rights;
- grant or purport to grant a security interest or other encumbrance on or over the domain name unless: such security interest or other encumbrance does not exceed the rights of the Registrant in the domain name as limited by this Registration Agreement, does not impair the Registrant's ability to fulfil the Registrant's obligations under this Registration Agreement, and does not impose or purport to impose obligations on the Registry beyond the obligations owed by the Registry to the Registrant in the absence of such a security interest or encumbrance;
- the Registrant meets, and will continue to meet for the whole of the Term, any and all eligibility criteria prescribed in the Registry Policies for registering and using the domain name;
- the Registrant will maintain the Registrant Information provided pursuant to the requirements of this Registration Agreement;
- the Registrant has not previously submitted an Application for registration of a domain name for the same character string where:
- the Registrant is relying on the same eligibility criteria for both domain name Applications; and
- the domain name application has previously been rejected;
- any content, material, email, or webpage, contained on any Uniform Resource Locator (URL), website, or webpage accessing, utilizing, or accessed by means of the domain name, complies with the Acceptable Use Policy, whether incorporated directly into, forwarded, or framed by means of the domain name or otherwise;
- the Registrant has not relied upon any representation or promise which does not appear in this Registration Agreement;
- the Registrant's use of the domain name and of any webpage, email, or URL accessed by or utilizing the domain name will comply with the requirements of the Acceptable Use Policy.
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Breach and Cure. Failure of a Registrant to abide by any provision of this Registration Agreement and all other Registry Policies will be considered a material breach. In the event of such material breach, the Registry may in its sole discretion, with the cooperation of Domain Directors, suspend, lock, modify, or transfer the domain name and/or may provide written (which may be by email) notice to the Registrant describing the material breach. In any event, where the Registry gives notice, by way of Domain Directors, to the Registrant, that there is a breach, the Registrant shall rectify, cure, or refute within thirty (30) calendar days. In the event a breach is not rectified, cured, or refuted by the Registrant to Registry's sole satisfaction within the thirty (30) day period, the Registry may cancel or otherwise modify the Registrant's registration of and license to use the domain name without refund and without further notice, and pursue any and all legal remedies it may have against the Registrant. Any such breach by the Registrant shall not be waived in the event that the Registry did not act earlier in response to the specific breach, or any other breach, by Registrant. In the event of a breach which, in the sole discretion of the Registry or Domain Directors, causes or is likely to cause immediate harm to the public interest or the Registry, or which violates or is likely to violate any applicable law or regulation, then Domain Directors and/or the Registry may, with the cooperation of Domain Directors, modify, suspend, transfer, or terminate services to the Registrant without written notice; the modification, suspension, transfer, or termination of services constituting notice to Registrant that such a breach has occurred. See below for important limitations on the liability of the Registry and Domain Directors with regard to acts by such parties under this Section.
The Registry may delegate authority to:
- investigate any breach or potential breach of the Registry Policies; and
- take action to cure or sanction any breach or potential breach of the Registry Policies, including the authority to immediately suspend or transfer use of a domain name upon detection by a service provider or notification, e.g., from an Internet security agency, that the domain name may contain malicious software or otherwise violates the Acceptable Use Policy.
In such circumstances, neither the Registry, Domain Directors, nor their respective employees, directors, officers, affiliates, representatives, delegees, shareholders, agents, successors, and/or assigns nor any external service provider or Internet security agency triggering the suspension or transfer shall be liable to the Registrant or any other person on account of any service disruption or loss, irrespective of the nature of that loss.
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Disputes Between Registrants. The Registrant acknowledges that the Registry cannot, and does not, screen or otherwise review any Application to verify that the Registrant has the legal right to use a particular character string as or in a domain name, or that the Registrant will not infringe the rights of a third party. In the event that any third party disputes the Registrant's legal right to use, display, exploit, or register the domain name in any fashion, including allegations that infringing material (as defined in the Acceptable Use Policy) is displayed on or forwarded, including via the use of frames, to a website which is resolved via the domain name or that the registration or use of the domain name itself infringes the third party's rights, the Registrant shall act in accordance with and agree to be bound by the ICANN-mandated URS, UDRP, applicable ICANN Consensus Policies, and the Registry's CRS. The Registrant will be solely liable in the event that the Registrant's use of the domain name is found to constitute an infringement or other violation of a third party's rights.
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Indemnity. The Registrant shall indemnify and hold harmless the Registry, Domain Directors, and such parties' officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns, and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers or attorneys' fees, which fees shall be determined on a full indemnity basis (which lawyers or attorneys shall be hired at the sole discretion of the indemnified party), and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Registration Agreement, the registration or use of domain name registration or other services, or the domain name itself, including the Registrant's use, display, exploitation, or registration of the domain name, as well as for any infringing or otherwise damaging content displayed or otherwise made available on or by means of the domain name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from the Registrant concerning the Registrant's indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Registration Agreement. Failure of the Registrant to fully indemnify the indemnified party in a timely manner may result in termination, suspension, transfer, or modification of the domain name registration services and any such termination, suspension, transfer, or modification shall in no way prejudice or substitute for an indemnified party's right to seek indemnification by way of litigation or otherwise.
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DISCLAIMER AND LIMITATION OF LIABILITY. THE REGISTRANT ACKNOWLEDGES AND AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, BUSINESS INTERRUPTION, LOSS OF PROGRAMS OR OTHER DATA, OR OTHERWISE RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE THE DOMAIN NAME OR IN ANY OTHER WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY AND/OR REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY'S LIABILITY FOR ANY BREACH OF A CONDITION OR WARRANTY IMPLIED BY ANY OF THE REGISTRY POLICIES, INCLUDING THE NAMING POLICY, ACCEPTABLE USE POLICY, REGISTRANT AGREEMENT, PRIVACY & WHOIS POLICY, COMPLAINT RESOLUTION SERVICE, AND/OR THE REGISTRY-REGISTRAR AGREEMENT SHALL BE LIMITED TO THE MAXIMUM EXTENT POSSIBLE TO ONE OF THE FOLLOWING, AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION:
- SUPPLYING THE DOMAIN NAME AGAIN; OR
- PAYING THE REASONABLE COST INCURRED OF HAVING THE SERVICES SUPPLIED AGAIN.
ADDITIONALLY, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY LOSSES OR DAMAGES THAT THE REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED USE OF THE DOMAIN ARISING FROM "HACKING," DENIAL OF SERVICE ATTACK, VIRUS, WORM, OR OTHERWISE, OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN NAME OR SERVICES RELATED TO THE DOMAIN NAME.
IN THE EVENT THAT THE REGISTRY OR A REGISTRY RELATED PARTY TAKES ACTION WITH RESPECT TO A REGISTRY DOMAIN NAME PURSUANT TO THE REGISTRY POLICIES, WHICH ACTION IS REVERSED, MODIFIED, OR ACKNOWLEDGED TO HAVE BEEN INCORRECT BY THE REGISTRY AND/OR A REGISTRY RELATED PARTY, BY OR THROUGH THE REGISTRY COMPLAINT RESOLUTION SERVICE, OR BY A COURT, THEN REGISTRANT AGREES THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND/OR REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER THEREBY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY UNDER SUCH CIRCUMSTANCES SHALL BE THE RESUPPLY OF THE DOMAIN NAME OR, AT THE SOLE DISCRETION OF THE REGISTRY, A REFUND OF THE REGISTRATION FEE, RENEWAL FEE (IF THE CIRCUMSTANCE OCCURRED DURING A RENEWAL TERM) OR REDEMPTION FEE, WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS REGISTRATION AGREEMENT.
IN ADDITION, THE REGISTRY AND/OR REGISTRY RELATED PARTIES ARE, TO THE MAXIMUM EXTENT PERMITTED BY LAW, NOT LIABLE FOR ANY DAMAGES THAT THE REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT SERVER FAILURE, TELECOMMUNICATION FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY, ACTS OF GOD, UNAUTHORISED USE OF PASSWORDS, ERRORS, OMISSIONS OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED UNDER THIS REGISTRATION AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT OF WEB SITES, RE-DELEGATION OF THE REGISTRY TOP-LEVEL DOMAIN NAME, OR BREACH OF SECURITY, EVEN IF THE REGISTRY AND/OR REGISTRY RELATED PARTIES HAVE BEEN ADVISED OF THE POTENTIAL FOR SUCH DAMAGES, AND EVEN IF THE REGISTRY OR REGISTRY RELATED PARTIES MAY FORESEE SUCH POSSIBLE DAMAGES. THE REGISTRANT'S SOLE REMEDY FOR THE REGISTRY OR REGISTRY RELATED PARTIES' BREACH OF THIS AGREEMENT OR NEGLIGENCE OF ANY TIME SHALL BE, AT THE SOLE DISCRETION OF THE REGISTRY OR THE REGISTRY RELATED PARTIES, THE RESUPPLY OF THE DOMAIN NAME OR A REFUND OF THE REGISTRATION FEE, REDEMPTION FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL TERM), WHICH REMEDY THE REGISTRANT AGREES CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM THIS REGISTRATION AGREEMENT. THE REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT FLOWING FROM THIS REGISTRATION AGREEMENT (IN TORT OR OTHERWISE) SHALL BE LIMITED TO THE AMOUNT OF MONEY PAID TO THE REGISTRY OR REGISTRY RELATED PARTIES BY THE REGISTRANT.
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Notices. Notices to the Registry shall be delivered by registered or certified mail, postage prepaid, or reputable commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) to:
CEOTLD Pty Ltd
322/5 Lime Street
Sydney 2000
AUSTRALIANotices mailed by official mail shall be deemed delivered on signed receipt.
Notices to Registrant shall be delivered by registered or certified mail, postage prepaid, or reputable receipted commercial courier service (e.g., DHL) in the manner of quickest delivery (i.e., overnight delivery, if possible) or, in the sole discretion of the Registry or its agent such as a Registry Related Party, by email or fax to the Registrant, such notice to be deemed delivered upon transmission.
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Governing Law/Forum Selection. For all disputes in which the Registry may be or is a party, this Registration Agreement shall be exclusively governed by and construed in accordance with the laws of the Commonwealth of Australia and applicable to contracts made and wholly performed therein, without regard to conflict of laws principles. The Registrant hereby irrevocably consents to the exclusive jurisdiction of the Courts of the Commonwealth of Australia, for any and all claims or disputes directed against the Registry and which arise out of, purport to enforce, construe, or otherwise relate to the domain name, this Registration Agreement, or Registry Policies. The exclusive venue for such action shall be the Courts of the Commonwealth of Australia. The Registrant waives any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and the Registrant waives any statutory or other right pursuant to the laws of the jurisdiction in which Registrant resides to have a case relating to this Registration Agreement adjudicated or resolved in that jurisdiction. By way of information and not as a term binding against the Registry, disputes not involving the Registry as a party may be governed by a governing law and/or forum selection clause contained in a separate agreement, if any, between the Registrant and such other disputant (for example, disputes between Domain Directors and a Registrant may be governed by a separate agreement, if any, between the Registrant and Domain Directors); provided, however, that no such separate agreement may modify or waive either the Registry's or Registrant's consent to exclusive choice of law, jurisdiction, and venue in the Commonwealth of Australia for disputes in which the Registry is or may be a party, as described above.
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Ownership of Information and Data. Subject to any limitations of the privacy laws of the Commonwealth of Australia, Registrant agrees and acknowledges that the Registry and/or any Registry delegee shall own all database, compilation, collective, and similar rights, title, and interests worldwide in any domain name database(s) and all information and derivative works generated from the domain name database(s), and that such domain name database may include, without limitation, any information supplied by Registrant or by the Registry that appears or should appear in the Whois or similar information repositories, and any other information generated or obtained in connection with providing domain name registration services.
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Severability. If any provision of this Registration Agreement or the Registry Policies is held invalid, unenforceable, or void, the remainder of the Registration Agreement or the Registry Policies, as applicable, shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of Domain Directors, Registry, and Registrant in executing this Registration Agreement.
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No Waiver. The failure of either party at any time to enforce any right or remedy available to it under this Registration Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
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Full Integration. This Registration Agreement, as it may be modified at any time and from time to time as provided for herein, together with the Registry Policies, as they may be modified at any time and from time to time, expressly incorporated herein by reference, constitutes the entire agreement between the Registrant and Domain Directors for the benefit of the Registry relating to the domain name. No prior or contemporaneous written, oral, and/or electronic representation, negotiation, or agreement form a part of this Registration Agreement, and this Registration Agreement supersedes all prior written, oral, or electronic agreements between the Registrant and the Registry relating to the domain name. Additional agreements, if any, may be entered into between the Registrant and Domain Directors relating to domain name services provided by Domain Directors, provided that no such additional agreement may waive, alter, or supersede any provision of this Registration Agreement, neither may such an additional agreement impose any obligation upon the Registry without the Registry's express prior written consent. If there is any conflict between such additional agreements and this Registration Agreement, this Registration Agreement shall prevail.
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Written Agreement. This Registration Agreement constitutes a written agreement between the Registrant and Domain Directors for the benefit of the Registry even though the Registrant's Application may be dispatched electronically, and even though the Registry may accept the Application electronically. A printed version of this Registration Agreement, and of any notice given in electronic form related to this Registration Agreement, shall be admissible in judicial or administrative proceedings to the same extent, and subject to the same restrictions, as other business contracts, documents, or records originally generated and maintained in printed form.
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Assignment. The parties agree that the Registry may assign, sub-assign, transfer, sell, license, or sub-license its rights and obligations under this Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
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Survival of Obligations. The parties agree that clauses 6 (Scope of Registration), 7 (Registrant Representations and Warranties), 8 (Breach and Cure), 9 (Disputes Between Registrants), 10 (Indemnity), 11 (DISCLAIMER AND LIMITATION OF LIABILITY), 12 (Notices), 13 (Governing Law/Forum Selection), 14 (Ownership of Information and Data), and 15 (Severability) of these Registration Terms shall survive the expiry or termination of this Registration Agreement.
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Headings: The headings of sections contained in this Registration Agreement are inserted solely for convenience and ease of reference only and shall not constitute any part of this agreement, or have any effect on its interpretation or construction Registry or Registrar in Registration Agreement compliance-related matters. There are no other third party beneficiaries of this Registration Agreement.
THIS REGISTRATION AGREEMENT IS AND THE REGISTRY POLICIES ARE EFFECTIVE AND BINDING AS OF THE TIME OF SUBMISSION, BY THE REGISTRANT, AN APPLICATION FOR A DOMAIN NAME OR AT THE TIME OF PAYMENT, WHICHEVER IS EARLIER.
18.14 TERMS SPECIFIC TO .LONDON DOMAIN NAMES
I Registry
The party operating as 'Registry' for .LONDON is Dot London Domains Limited.
II Registry Website
The Registry Website is located at http://www.nic.london/
III Indemnity
You agree to indemnify and hold harmless the Registry 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 to, for any reason whatsoever, the Registrant's domain name registration. This indemnification obligation will survive the termination or expiration of this Registration Agreement.
IV Additional Registration Agreement Terms
The following terms and conditions (the Registration Terms) supplement, and are incorporated into, this Registration Agreement between you (the Registrant, or you), a registrant, and Domain Directors, the ICANN Accredited registrar that you have used to register or reserve a name in the .LONDON TLD (the Domain Name). As between you and Dot London Domains Limited, (the Registry, or we), in the event of any conflict between these Registration Terms and any other terms of your Registration Agreement with Domain Directors, these Registration Terms shall prevail.
Terms and Conditions
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London Nexus. Subject to the Registry Policies, Domain Names are available to individuals or entities who have a physical address in London (comprising the City of London and 32 London Boroughs); or who in good faith declare that they have an affiliation with or interest in London, such as to provide information, or offer products, goods or services, relevant to London or Londoners.
If when you apply to register or renew a Domain Name or at any time during the Registration Term of the Domain Name you do not have an address in London, you are automatically making a declaration that you have the necessary affiliation with or interest in London.
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The Policies. By applying to register or renew a Domain Name in the .LONDON Registry (hereinafter referred to as an Application) or by registering one or more Domain Name(s), you agree and acknowledge that in addition to the terms of this Registration Agreement the Domain Name(s) will be subject to the policies being:
- the Registry Policies, which are the following:
- Naming Policy;
- Acceptable Use Policy;
- Privacy & Whois Policy;
- Sunrise Dispute Resolution Policy;
- any Complaint Resolution Service Policy; and
- any other policy or policies as may be released from time to time by the Registry.
- the ICANN Policies that apply from time to time to the .LONDON Registry, which include:
- the UDRP; and
- the URS.
Copies of the Registry Policies are available on the Registry Website.
You recognise and acknowledge that the Registry Policies may be changed by the Registry on reasonable notice. Notice may be given in an email to a contact email address you have provided in connection with your registration, or on the Registry Website.
The ICANN Policies that apply from time to time and the procedures and circumstances in which they may be changed are to be found on the ICANN website at http://www.icann.org/
Your continued registration and/or use of a .LONDON Domain Name following the effective date of any changes or additions to the Registry Policies or the ICANN Policies constitute your acceptance of those changed or additional policies. In the event that you do not wish to be bound by the changes or additions your sole remedy is to cancel the registration of the Domain Name(s), by following the appropriate Registry and/or Domain Directors policies regarding such cancellation.
- the Registry Policies, which are the following:
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Registration Fee. You shall pay Domain Directors the appropriate registration fee (Registration Fee) applicable at the time that you submit your Application to Domain Directors. You acknowledge and accept that Domain Directors must pay a separate registration fee to the Registry in connection with any Application, and that the Registry need not process or accept any Application if this fee has not been paid to it.
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Term and Renewal Term. Your registration of the Domain Name shall continue for the term specified in the accepted Application (the Term), subject to suspension or termination pursuant to this Registration Agreement and/or the Registry Policies. Domain Name registrations may be made for an annual term of between one (1) and ten (10) years.
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Registrant Information.
- You must provide the following information to Domain Directors:
- If you are an individual, your legally recognised first and last name (surname);
- If you are an entity such as a corporation, organisation, association, that is recognised as a legal person under relevant law,
- the full name of that entity,
- details of the country under whose laws you are recognised and
- details of an individual who is authorised by you to act as your registrant contact
- Your valid postal address;
- A working email address for you;
- A working telephone number for you, including country code, area code, and proper extension (if applicable).
- You acknowledge and agree that all information supplied by you to Domain Directors, including the personal information of any individual, may be supplied to the Registry for the purposes, and used in the manner, set out in the Privacy & Whois Policy. Your attention is particularly drawn to the inclusion of such information in a publicly accessible information service known as the Registry's "Whois" service. You agree to obtain all and any necessary consents to such use from any individual whose details you provide to Domain Directors.
- You shall ensure that:
- the information submitted by you to Domain Directors in connection with the registration of the Domain Name or otherwise ("Registrant Information"), is true, current, complete, accurate, and reliable; and
- you shall maintain, update, and keep the Registrant Information true, current, complete, accurate, and reliable by immediately notifying Domain Directors of any change to such Registrant Information.
- You agree to respond to and answer in a timely fashion to any communication or query from Domain Directors or the Registry regarding or seeking clarification of any Registrant Information.
- You must provide the following information to Domain Directors:
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Nature of Registration. On payment of the Registration Fee to Domain Directors and after payment by Domain Directors to the Registry of the relevant fee, and after acceptance of the Application, you will be entitled to exclusively use the applied-for Domain Name, for the duration of the Term.
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Your Obligations. You , agree and represent that:
- You will not use the Domain Name to distribute malware, abusively operate botnets, engage in phishing, piracy, trade mark infringement, copyright infringement, fraudulent or deceptive practices, or counterfeiting, or otherwise engage in activity contrary to any applicable law;
- You will not register, sublicense, use, display, exploit, or otherwise dispose of a Domain Name in any manner which may contravene or violate the Registry Policies;
- You will not authorise or permit any other person to do anything that if performed by you would constitute a breach of paragraphs (a) or (b) above or which would otherwise constitute a breach of this Registration Agreement;
- You are either:
- an identifiable human individual; or,
- a properly described and legally-recognised entity within its national jurisdiction, e.g., corporation, limited liability company, partnership, association, society, or proprietary limited company, which is able and has all necessary authorities to enter into this Registration Agreement;
- You will not grant or purport to grant a security interest or other encumbrance on or over the Domain Name unless such security interest or other encumbrance does not exceed your limited rights in the Domain Name under this Registration Agreement and does not impair your ability to fulfil your obligations under this Registration Agreement;
- You meet and will continue to meet for the whole of the Term any eligibility criteria prescribed in the Registry Policies for registering and using the Domain Name;
- You have not previously submitted an Application for registration of a Domain Name for the same character string with another Registrar where:
- You are relying on the same eligibility criteria for both domain name Applications; and
- the character string has previously been rejected by the other Registrar.
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Breach. Failure by you to abide by any provision of this Registration Agreement (including the Registry Policies) will be considered a material breach of the Registration Agreement that will entitle Domain Directors without further notice to you to terminate the Registration Agreement and to delete or suspend all and any Domain Names registered by you. Your attention is also drawn to the Acceptable Use Policy (which forms part of the Registry Polices), which provides that in certain circumstances, including breach of the Registry Policies, the Registry may delete or suspend or transfer, all and any Domain Names registered by you. In such circumstances any Registration Fee paid in respect of any deleted or suspended or transferred Domain Names shall not be refunded to you.
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Indemnity. You shall defend, indemnify, and hold harmless the Registry, Domain Directors and such parties' officers, directors, shareholders, owners, managers, employees, agents, representatives, contractors, affiliates, successors, assigns and attorneys (the Registry Related Parties) from and against any and all claims made by third parties against the Registrant or Registry Related Parties, including, but not limited to, all loss, liability, claims, demands, damages, cost or expense, causes of action, suits, proceedings, judgments, awards, executions and liens, including lawyers' fees on a full indemnity basis , and costs (including claims without legal merit or brought in bad faith), relating to or arising under this Registration Agreement, including your use, display, exploitation, or registration of the Domain Name. If an indemnified party is threatened by claims or suit of a third party, the indemnified party may seek written assurances from you that you can satisfy and fulfil your indemnification obligations but will not be required to do so in order to rely upon this indemnity. Failure to provide such written assurances in a form satisfactory to the indemnified party is a material breach of this Registration Agreement.
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Disclaimer and Limitation of Registry's Liability. YOU ACKNOWLEDGE AND AGREE THAT, TO THE MAXIMUM EXTENT PERMITTED BY LAW, THE REGISTRY AND THE REGISTRY RELATED PARTIES SHALL NOT BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE, SUSPENSION, TERMINATION OR THE INABILITY TO USE, THE DOMAIN NAME, REGARDLESS OF THE FORM OF ACTION, WHETHER IN CONTRACT, TORT (INCLUDING IN THE CASE OF NEGLIGENCE BY THE REGISTRY RELATED PARTIES), OR OTHERWISE. THE REGISTRY'S SOLE LIABILITY SHALL BE LIMITED TO ONE OF THE FOLLOWING (AS THE REGISTRY MAY DETERMINE IN ITS SOLE DISCRETION):
- SUPPLYING THE DOMAIN NAME AGAIN; OR
- A REFUND OF THE MONIES PAID TO THE REGISTRY IN RESPECT OF THE DOMAIN NAME
NOTHING IN THIS CLAUSE SHALL LIMIT ANY LIABILITY TO YOU BY REASON OF THE FRAUD OF THE REGISTRY OR ANY CLAIM UNDER ENGLISH LAW ARISING FROM DEATH OR PERSONAL INJURY.
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Governing Law/Forum Selection. This Registration Agreement shall be exclusively governed by and construed in accordance with the laws of England and Wales. You hereby irrevocably consent to the exclusive jurisdiction of the Courts of England and Wales, for any and all claims or disputes in which the Registry is a party and which arise out of, purport to enforce, construe, or otherwise relate to the Domain Name, this Registration Agreement, or any Registry Policy. You waive any right to object to venue or jurisdiction based on inconvenient forum or for any other reason, and you waive any statutory or other right pursuant to the laws of the jurisdiction in which you reside to have a case relating to this Registration Agreement adjudicated or resolved in that jurisdiction.
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Severability. If any provision of this Registration Agreement is held invalid, unenforceable, or void, the remainder of the Registration Agreement shall not be affected thereby and shall continue in full force and effect as nearly as possible to reflect the original intention of the Registration Agreement.
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No Waiver. The failure of any party at any time to enforce any right or remedy available to it under this Registration Agreement with respect to any breach or failure by the other party shall not be a waiver of such right or remedy with respect to any other breach or failure by the other party.
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Priority of this Registration Agreement. You agree that this Registration Agreement shall take precedence over any agreement between you and Domain Directors in respect of the Domain Name(s). Additional agreements, if any, may be entered into between you and Domain Directors, but no such additional agreement may waive, alter, or supersede any provision of this Registration Agreement without the written agreement of the Registry. If there is any conflict between such additional agreements and this Registration Agreement, this Registration Agreement shall prevail.
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Assignment. The parties agree that the Registry is able to assign, sub-assign, license, or sub-license its rights under this Registration Agreement or any portion thereof to a third party without prior written notice to the Registrant.
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Survival of Obligations. The parties agree that clauses 18.14(IV)(6) (Nature of Registration), 18.14(IV)(7) (Your Obligations), 18.14(IV)(9) (Indemnity), 18.14(IV)(10) (Disclaimer and Limitation of Registry's Liability), and 18.14(IV)(12) (Severability) shall survive the expiry or termination of this Registration Agreement.
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No Agency and Third Party Rights. The Registry is not a party to this Registration Agreement and Domain Directors does not act as Agent for the Registry. However, the Registry and each of the Registry Related Parties are an intended beneficiary of any right granted to it by this Registration Agreement with the ability to enforce that right directly against you (whether under the Third Contracts (Rights of Third Parties) Act 1999 or otherwise). You and Domain Directors also acknowledge that the Registry in permitting the registration of a Domain Name and also in allowing a Domain Name to remain registered in the .LONDON Top Level Domain, relies upon the fact that you and Domain Directors have agreed to the terms of this Registration Agreement.
THIS REGISTRATION AGREEMENT IS EFFECTIVE AND BINDING as of the date of acceptance hereof by THE REGISTRY (i.e., the date of registration of the Domain Name).
18.15 TERMS SPECIFIC TO .MELBOURNE, .SYDNEY, .STUDY AND .COURSES DOMAIN NAMES
I Registry
The party operating as 'Registry' for .MELBOURNE is the State of Victoria (represented by the Department of State Development, Business and Innovation). The party operating as 'Registry' for .SYDNEY is the State of New South Wales, Department of Premier and Cabinet. The party operating as 'Registry' for .STUDY and .COURSES is Open Universities Australia Pty Ltd (ACN 053 431 888)
II Registry Website
- The Registry Website for .MELBOURNE is located at http://nic.melbourne/
- The Registry Website for .SYDNEY is located at http://nic.sydney/
- The Registry Website for .STUDY is located at http://nic.study/
- The Registry Website for .COURSES is located at http://nic.courses/
III Definitions
The following definitions apply to this clause:
Special Allocation Procedure means processes or requirements specified by the Registry or TMCH for the purposes of allocating Domain Names deemed as Premium Names or subject to TMCH-related procedures.
Premium Names means Domain Names so designated by the Registry in its sole discretion subject to Registry Policies.
IV Indemnity
You agree:
- to indemnify and keep the Registry (including its employees, agents and subcontractors) fully indemnified from and against all suits, actions, claims, demands, losses, liabilities, damages, costs and expenses that may be made or brought against or suffered or incurred by the Registry arising out of or in connection in any way with a breach of the this Registration Agreement by you;
- to bear liability for any claims of infringement arising out of or relating to your registration or use of the Domain Name, and you agree to indemnify the Registry for any liability it may incur arising from such infringement;
- that the Registry has no liability of any kind for any loss or liability resulting from, and you indemnify the Registry for any claim by a third party arising from, the Special Allocation Procedure including:
- your inability to be entitled to register a domain and
- the results of any dispute resolution process prescribed in the Special Allocation Procedure;
- these indemnification obligations will survive the termination or expiration of this Registration Agreement.
V Acknowledgement
You agree and acknowledge the following:
- an Application for a Domain Name may not result in the Domain Name being allocated to you;
- certain domain names may not be available as a result of being reserved by the Registry or otherwise allocated in accordance with the Registry Policies and ICANN Policies;
- from time to time the Registry may identify certain domain names to be reserved, and may release such domain names subject to the Registry Policies and ICANN Policies;
- during the periods and under the circumstances identified in the Registry Policies and ICANN Policies, multiple Applications for the same Domain Name may be accepted, and that those Applications may be subject to the Special Allocation Procedure described in relation to that period or circumstance;
- where a Special Allocation Procedure exists, you must pay any fees and undertake any further steps that may be required in order to complete the process of registering the Domain Name;
- the Registry may prevent you from making an Application and registering or renewing a Domain Name where you have been found to be in breach of the Registry Policies and ICANN Policies.
VI Fees
You agree and acknowledge the following:
- the price presented by us to you for:
- the Application;
- fulfilling any TMCH requirements (being the most recent TMCH RPM's published by ICANN in Specification 7 of the Registry Agreement);
- the allocation of a Domain Name;
- any premium associated with a Domain Name;
- creation of the Domain Name;
- renewal of the Domain Name; or
- any other fees that may be associated with the Domain Name;
- that the price for the creation of a Domain Name may be greater than or less than the price for the renewal of that Domain Name; and
- that no refund will be provided for your failure to check or understand the fees.
VII Obligations for Special Allocation Procedures
You agree and acknowledge the following:
- contact may be made by the Registry or its service providers in relation to an Application; and
- pursuant to the Registry Policies and ICANN Policies, failing to provide sufficient information in order to undertake any verification of an Application that the Application may be discontinued.
18.16 TERMS SPECIFIC TO .SUCKS DOMAIN NAMES
I Registry
The party operating as 'Registry' for .SUCKS is Vox Populi Registry Ltd.
II Registry Website
The Registry Website for .SUCKS is located at http://www.registry.sucks/
III Indemity
You agree indemnify, defend and hold harmless the Registry 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 to, for any reason whatsoever, your domain name registration. The Registration Agreement shall further require that this indemnification obligation survive the termination or expiration of the Registration Agreement.
18.17 TERMS SPECIFIC TO DOMAIN NAME SPACES OPERATED BY CENTRALNIC REGISTRY
I Registry
The party operating as 'Registry' for the associated New gTLD can be determined by referring to this list.
Party Operating as Registry | TLD | Registry Website |
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Merchant Law Group LLP | love | http://getdotlove.domains/ |
Punto 2012 Sociedad Anonima Promotora de Inversion de Capital Variable | rest | http://register.rest/ |
Asiamix Digital LImited | fans | http://register.fans/ |
Punto 2012 Sociedad Anonima Promotora de Inversion de Capital Variable | bar | http://register.bar/ |
For clarity, a reference to 'Registry' or 'New gTLD' in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Domain Directors (as listed above in the heading of this clause).
II Registry Website
Refer to the list located here for the Registry Website.
III Indemnity
You agree to indemnify, defend and hold harmless the Registry, the Registry's service provider and its 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 registrant's domain name registration, any breach of this Registration Agreement with Domain Directors and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
18.18 TERMS SPECIFIC TO DOMAIN NAME SPACES OPERATED BY XYZ REGISTRY
I Registry
The party operating as 'Registry' for the associated New gTLD can be determined by referring to this list.
Party Operating as Registry | TLD | Registry Website |
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XYZ.COM LLC | xyz | http://nic.xyz/ |
XYZ.COM LLC | college | http://nic.college/ |
XYZ.COM LLC | rent | http://nic.rent/ |
XYZ.COM LLC | security | http://nic.security/ |
XYZ.COM LLC | protection | http://nic.protection/ |
XYZ.COM LLC | theatre | http://nic.theatre/ |
For clarity, a reference to 'Registry' or 'New gTLD' in this clause shall be interpreted as an individual reference to each such party and the corresponding New gTLD, as offered for purchase by Domain Directors (as listed above in the heading of this clause).
II Registry Website
Refer to this list for the Registry Website.
III Indemnity
You agree to indemnify, defend and hold harmless the Registry, the Registry's service provider and its 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 registrant's domain name registration, any breach of this Registration Agreement with Domain Directors and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
18.19 TERMS SPECIFIC TO .CLOUD DOMAIN NAMES
I Registry
The party operating as 'Registry' for .CLOUD is Aruba PEC.
II Registry Website
The Registry Website for .CLOUD is located at http://www.nic.cloud/
III Indemnity
You agree to indemnify, defend and hold harmless the Registry, the Registry's service provider and its 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 registrant's domain name registration, any breach of this Registration Agreement with Domain Directors and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
18.20 TERMS SPECIFIC TO .DESIGN, .WIKI AND .INK DOMAIN NAMES
I Registry
The party operating as 'Registry' for .DESIGN, .WIKI AND .INK is Top Level Design, LLC.
II Registry Website
The Registry Website is located at http://toplevel.design/
III Indemnity
You agree to indemnify, defend and hold harmless the Registry, the Registry's service provider and its 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 registrant's domain name registration, any breach of this Registration Agreement with Domain Directors and any use of the domain name. This indemnification obligation shall survive the termination or expiration of this Registration Agreement.
.cn Domain Registrant Agreement
1 AGREEMENT
In this registration agreement (Agreement) you and your refer to the registrant of each domain name registration, we, us and our refer to the Registrar (as defined in clause 33 below). This Agreement explains our obligations to you, and explains your obligations to us for your.cn domain name registration (Services).
2 REPRESENTATIONS AND WARRANTIES
You represent and warrant that:
- you have supplied all of the information required in the domain name registration application (Application) and further, that the data provided in the Application is true, correct, up to date and complete, and that you will continue to keep all of the information provided correct, up-to-date and complete;
- to the best of your knowledge and belief, neither this registration of a domain name nor the manner in which it is directly or indirectly to be used infringes upon the legal rights of a third party;
- that the domain name is not being registered for nor shall it at any time whatsoever be used for any unlawful purpose whatsoever;
- you have the requisite power and authority to enter into this Agreement and to perform the obligations hereunder.
3 RESTRICTIONS
You agree that you shall not register or use a domain name that is deemed by CNNIC to:
- be against the basic principles prescribed in the Constitution of the People's Republic of China (PRC);
- jeopardize national security, leak state secrets, intend to overturn the government or disrupt the integrity of the PRC;
- harm national honour and national interests of the PRC;
- instigate hostility or discrimination between different nationalities or disrupt the national solidarity of the PRC;
- spread rumours, disturb public order or disrupt social stability of the PRC;
- spread pornography, obscenity, gambling, violence, homicide, terror or instigate crimes in the PRC;
- insult, libel against others and infringe other people's legal rights and interests in the PRC; or
- take any other action prohibited in laws, rules and administrative regulations of the PRC.
4 ADHERENCE TO POLICIES
You agree to comply with all applicable laws, regulations and policies of the PRC governmental agencies and CNNIC, including but not limited to the following rules and regulations:
- China Internet Domain Name Regulations;
- CNNIC Detailed Rules of Internet Domain Name Registration Administration;
- CNNIC Domain Name Dispute Resolution Policy; and
- Rules for CNNIC Domain Name Dispute Resolution Policy (all policies available at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/).
You acknowledge that you have read and understood and agree to be bound by the terms and conditions of the policies of CNNIC, as they may be amended from time to time.
5 FEES
As consideration for the Services you have selected, you agree to pay us the applicable service(s) fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:
- provide certain current, complete and accurate information about you as required by the registration process and
- maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information (Account Information). By submitting this Agreement, you represent that the statements in your Application are true, complete and accurate.
6 TERM
This Agreement shall remain in full force during the length of the term of your domain name registration(s) as selected, recorded, and paid for upon registration (or renewal) of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, the term of this Agreement shall be extended accordingly. Should the domain name be transferred to another registrar, other than in respect of clauses 5, 14, 15 and 19 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
7 MODIFICATIONS TO AGREEMENT
You agree that we may:
- revise the terms and conditions of this Agreement; and
- change the services provided under this Agreement.
You agree to be bound by any such revision or change which shall be effective immediately upon posting on our web site or upon notification to you by email or your country's postal service pursuant to the Notices section of this Agreement. You agree to review this Agreement as posted on our web site periodically to maintain an awareness of any and all such revisions. If you do not agree with any revision to the Agreement, you may terminate this Agreement at any time by providing us with notice by email or postal service pursuant to the Notices section of this Agreement, or immediately transfer your domain name to another registrar. Notice of your termination shall be effective after processing by us. You agree that, by continuing the use of Services following notice of any revision to this Agreement or change in service(s), you shall be bound by any such revisions and changes. You 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. We will not refund any fees paid by you if you terminate your agreement with us.
8 MODIFICATIONS TO YOUR ACCOUNT
You shall maintain your own records appropriate to document and prove the initial registration date of the domain name. In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. You agree to safeguard your account identifier and password from any unauthorized use. In no event shall we be liable for the unauthorized use or misuse of your account identifier or password. You are solely liable for any activity that occurs through the use of your account identifier and password.
9 DOMAIN NAME DISPUTES
You acknowledge having read and understood and agree to be bound by the terms and conditions of the CNNIC Domain Name Dispute Policy & Rules for CNNIC Dispute Resolution Policy (Dispute Policy), as they may be amended from time to time, which are hereby incorporated and made an integral part of this Agreement. The Dispute Policy is currently found at http://www1.cnnic.cn/PublicS/fwzxxgzcfg/. You acknowledge that, pursuant to the Dispute Policy, registrars must comply with all reasonable requests from the applicable domain name dispute resolution institutions including the provision of all relevant evidence in any domain name disputes in the specified time frames. If we are notified that a complaint has been filed with a judicial or administrative body regarding your use of our domain name registration services, you agree not to make any changes to your domain name record without our prior approval. We may not allow you to make changes to such domain name record until
- we are directed to do so by the judicial or administrative body, or
- we receive notification by you and the other party contesting your registration and use of our domain name registration services that the dispute has been settled.
Furthermore, you agree that if you are subject to litigation regarding your registration and use of our domain name registration services, we may deposit control of your domain name record into the registry of the judicial body by supplying a party with a registrar certificate from us.
10 DOMAIN NAME DISPUTE POLICY MODIFICATIONS
You acknowledge that the Dispute Policy may be modified from time to time. Any such revised policy on our web site at least fourteen (14) calendar days before it becomes effective. You agree that, by maintaining the registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modification, you may terminate this Agreement. We will not refund any fees paid by you if you terminate your Agreement with us.
11 SUSPENSION AND CANCELLATION
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Registrar, Registry Operator, CNNIC or government-adopted policy, or pursuant to any registrar or registry procedure (consistent with a CNNIC or government-adopted policy),
- to correct mistakes by a party in registering the name,
- for the resolution of disputes concerning the domain name,
- to protect the integrity and stability of the registry,
- to comply with any applicable laws, government rules or requirements, requests of law enforcement,
- to avoid any liability, civil or criminal, on the part of Registrar, Registry Operator or CNNIC, as well as their affiliates, subsidiaries, directors, representatives, employees and stockholders or
- for violations of this Agreement.
Registrar, Registry Operator and CNNIC also reserve the right to “freeze” a domain name during the resolution of a dispute.
12 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, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party/parties. You represent that you have provided notice of the terms and conditions in this Agreement to a third party licensee and that the third party agrees to the terms of this Agreement in full (including without limitation, clauses 20 (Information) and 21 (Disclosure and Use Of Registration Information) below).
13 ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
14 LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we nor our contractors or third party beneficiaries shall be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, 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 or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not responsible for or accept any loss or liability suffered by any party resulting from, but not limited to:
- access delays or access interruptions to the Services or our systems;
- data non-delivery or data miss-delivery;
- acts of God (or force majeure);
- the unauthorized use or misuse of your account identifier or password;
- errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- the interruption of your Services or your business; and/or
- loss of registration and/or use of your domain.
In no event shall our maximum liability exceed five hundred ($500.00) dollars.
15 INDEMNITY
You agree to release, indemnify, and hold each of us, the Registrar, the Registry Operator, CNNIC and each of their respective contractors, agents, employees, officers, directors, affiliates and third party beneficiaries harmless from all claims, liabilities, damages (whether direct or indirect) costs and expenses (including reasonable legal fees and expenses), arising out of or relating to your domain name, domain name registration, renewal or pre-registration, or to your use of the domain name. You also agree to release, indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy. When we are threatened with suit by a third party, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances shall be a breach of your Agreement and may result in deactivation of your domain name. This indemnification obligation will survive the termination or expiration of this agreement.
16 TRANSFER OF OWNERSHIP
The person named as registrant on the WHOIS shall be the registered name holder. The person named as administrative contact at the time the controlling user name and password are secured shall be deemed the designate of the registrant with the authority to manage the domain name. You agree that prior to transferring ownership of your domain name to another person (the Transferee) you shall require the Transferee to agree in writing to be bound by all the terms and conditions of this Agreement. Your domain name may 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. You acknowledge that you will not be entitled to change registrars during the first sixty (60) days following the registration of your domain name.
17 BREACH
You agree that failure to abide by any provision of this Agreement may be considered by us to be a material breach and that we may provide a written notice, describing the breach, to you. If you fail to provide evidence, which is reasonably satisfactory to us, that you have not breached your obligations under the Agreement or have remedied the breach identified to you, then we may terminate this Agreement and 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.
18 NO GUARANTEE
You acknowledge that registration or reservation of your chosen domain name does not confer immunity from objection to either the registration, reservation, or use of the domain name. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
19 DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is”, “as available” basis. To the maximum extent permitted by law, 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 Services 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 Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services 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 Services or any transactions entered into through the Services. If you license use of the domain name, you nonetheless agree that you shall accept any and all liability for any harm caused by said licensed use and suffered by the Registrar, the Registry Operator and/or CNNIC. 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.
20 INFORMATION
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- Your full name, postal address, email address and telephone number and fax number (if available) (or, if different, that of the domain name holder);
- The domain name being registered;
- The name, postal address, email address, and telephone number and fax number (if available) telephone numbers of the administrative contact, the technical contact and the billing contact for the domain name;
- The IP addresses and names of the primary nameserver and any secondary nameserver(s) for the domain name.
Any other information, which we request from you in your registration application is voluntary. Any voluntary information we request may be collected for the purpose of improving the products and services offered to you by us.
21 DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree and acknowledge that we will make domain name registration information you provide available to CNNIC, to the Registry Operator, and to other third parties as applicable. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by CNNIC and applicable laws. You hereby consent to any and all such disclosures and use of information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. Any information collected by us concerning an identified or identifiable natural person (Personal Data) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by CNNIC, Registry Operator policy or pursuant to any applicable laws and regulations. The parties shall take commercially reasonable steps to protect Personal Data from loss, misuse, unauthorized disclosure, alteration or destruction. Neither Registrar nor Registry Operator make any representations as to how CNNIC uses, accesses or corrects any Personal Data it receives from the Registry Operator.
22 INACCURATE OR UNRELIABLE DATA
You hereby represent and warrant that the data provided in the domain name registration application is true, correct, up to date and complete and that you will continue to keep all the information provided up to date. Your wilful or negligent provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “WHOIS” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. No refunds shall be made if a domain name is deleted as a result of enforcement of this provision.
23 RIGHT OF REFUSAL
We, and/or Registry Operator, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services. In the event we do not register or reserve your domain name or register you for other Services, or we delete your domain name or other Services within such thirty (30) calendar day period, we agree to refund your applicable fee(s). You agree that we shall not be liable to you for loss or damages that may result from our refusal to register, reserve, or delete your domain name or register you for other Services. We reserve the right to delete or transfer your domain name following registration if we believe the registration has been made possible by a mistake, made either by us or by a third party. We also reserve the right to suspend a domain name during resolution of a dispute.
24 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.
25 NON-AGENCY
Nothing contained in this Agreement or the Dispute Policies shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
26 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.
27 NOTICES
Any notice, direction or other communication given under this Agreement shall be in writing and given by sending it via email or via postal service. In the case of email, valid notice shall only have been deemed to be given when an electronic confirmation of delivery has been obtained by the sender. In the case of email, notifications must be sent to us at support[at]ripplenetworking[dot]net, or in the case of notification to you, to the email address provided by you in your WHOIS record. Any email 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 five (5) business days after the date of mailing. In the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
28 ENTIRETY
You agree that this Agreement, the rules and policies published by Registrar, CNNIC and/or the Registry Operator and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
29 GOVERNING LAW
SAVE AND EXCEPT AS NOTED BELOW, THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED IN ACCORDANCE WITH THE LAWS OF THE GOVERNING JURISDICTION
Notwithstanding the foregoing, for the adjudication of disputes concerning or arising from use of the registered domain name, you shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts
- of the Registrant's domicile,
- where Registrar is located, and
- the PRC.
For the adjudication of a dispute concerning or arising from use of the domain name, such dispute shall be governed under the Laws of the PRC.
30 INFANCY
You attest that you are of legal age to enter into this Agreement.
31 FOREIGN LANGUAGE
Controlling Language. In the event that you are reading this agreement in a language other than the English language, you acknowledge and agree that the English language version hereof shall prevail in case of inconsistency or contradiction in interpretation or translation.
32 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.
33 DEFINITIONS
CNNIC refers to the China Internet Network Information Centre.
Governing Jurisdiction means:
- Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or
- Australia, where your Registrar is either
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH;
- Key-Systems, LLC; or
- TPP Wholesale Pty Ltd.
Registrar means the Registry accredited entity your domain name is registered with, being either:
- Tucows Domains, Inc;
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH;
- Key-Systems, LLC;
- TPP Wholesale Pty Ltd; or
- TPP Domains Pty Ltd (trading as TPP Internet)
as can be determined by performing a WHOIS record search on your domain name at https://lookup.icann.org/en and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Registry accredited entity your domain name is registered with is not Domain Directors Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to Domain Directors Pty Ltd.
Registry Operator refers to NeuStar, Inc.
.nz Domain Registrant Agreement
This agreement sets out the terms and conditions of your application for a domain name, and if successful, your domain name licence. It records the agreement between you, the applicant or holder of a domain name licence, and us, the registrar, in relation to the domain name.
You are bound by the terms of this document, even if you have entered into this document through an agent, and even if you licence the use of the domain name to another person.
1 The Registrar's Obligations
We agree that we will:
1.1 comply with all .nz policies and accurately represent these to you;
1.2 disclose accurately and completely all our terms and conditions associated with your use of our services to register and maintain a domain name sought to be used by you, including price and billing information;
1.3 comply with your lawful directions in a diligent and timely manner regarding your .nz domain name, (for example, registration, cancellation, amendment, deletion, and associated technical support and billing);
1.4 process any new .nz domain name registrations with the registry within 2 hours from the time we receive all the information required to complete a registration if it is within our advertised business hours of 8 am – 7 pm Monday-Friday, and otherwise within 24 hours;
1.5 notify you of the registration of your domain name(s), including the details of: the domain name, your own contact details, our contact details, the registration period, the unique authentication ID for your domain name and your obligations as a registrant;
1.6 arrange for correction of any error in the information in the register about any domain name registered to you when requested;
1.7 provide to you, or to someone we reasonably believe to be acting on your behalf, the unique authentication ID for your domain name when requested and for no charge;
1.8 use your personal information only as authorised by you.
2 The Registrant's Obligations
You agree that you will:
2.1 comply with the .nz policies. You agree that you have read and understood the current policies;
2.2 make sure all information you give us is accurate and complete, keep us informed of changes to any information you give us, and that you have the authority to enter into this agreement;
2.3 keep the unique authentication ID for your domain name and any other security information that we give to you confidential, safe and secure;
2.4 satisfy yourself that your use of a domain name will not infringe anybody's intellectual property rights and protect us, and everybody we are in any business relationship with to provide services to you, from any such claim;
2.5 ensure that you only use our services for a lawful purpose;
2.6 ensure that the use of any domain name registered to you does not interfere with other users of the Internet;
2.7 ensure that any order of any authority having jurisdiction regarding any domain name registered to you is complied with;
2.8 protect us, and everybody we have a business relationship with, against any legal action taken against us because of the receipt or use of our services by you or someone you are responsible for, including reliance by us or anybody we have a business relationship with, on information supplied by you.
Duties of Other Persons
2.9 You agree to make sure everyone you are responsible for or who uses a domain name registered to you also meets the above duties.
3 Registration of a Domain Name
3.1 Operation of the .nz domain name space requires the collection of information, including some personal information, from you. In order to have a domain name registered in your name, this information must be entered into the register (see clause 4 below for more details regarding the register).
3.2 By entering into this agreement, you consent to providing us with the following personal information (“personal information”):
- name;
- email;
- address;
- country; and
- phone number.
3.3 While you have the right to withdraw your consent to providing us with your personal information, without this personal information we cannot perform our obligations under this agreement (including registering and maintaining a domain name for you) because:
- the personal information is necessary in order for your domain name to be recorded on the .nz register;
- we need to be able to contact you in relation to the administration of the domain name; and
- we are required by .nz policies to collect your personal information;
3.4 If you decide to transfer management of your domain name to another registrar, or if your domain name is cancelled, or if this agreement ends for any other reason, we will continue to store your personal information for a period of not less than six (6) years for limitation and tax administration purposes.
3.5 You further agree that
- the domain name is registered in your name only because no other person has it according to the records of the register; and
- neither we nor anybody else is representing anything else to anybody regarding that domain name. The entry of a domain name in the Query Service shall not be taken as evidence of anything other than such registration; and
- you protect us and everybody we have a business relationship with to provide services to you, from any claim arising out of the domain name being registered in your name or as you direct.
4 Register and registry
4.1 The register is the authoritative database of .nz domain names and the details shown in the register is treated as the correct record. The register is operated by the registry branch of lnternetNZ (“registry”).
4.2 In order to have a domain name, it is necessary that the registry store your personal information on the register.
4.3 When a domain name is no longer registered in your name, the registry will continue to store your personal information (“historical personal information”). Historical personal information may only be disclosed where authorised or required by New Zealand law.
4.4 To the extent GDPR applies, EU registrants have the right to object to the registry storing historical personal information and/or disclosing it as authorised or required by New Zealand law.
4.5 Despite clause 4.4, pursuant to Article 21 of GDPR, the registry maintains that it has compelling legitimate grounds for storing an historical auditable record of all domain names and disclosing historical personal information as authorised or required by New Zealand law. This is because without carrying out these functions, the integrity and operation of the register would be significantly undermined.
5 DNC
5.1 DNC is the entity which regulates the .nz domain name market space.
5.2 DNC provides a domain name registration data query service (“Query Service”) (see section 21 of .nz Operations and Procedures policy for further details). Through the Query Service, the public is able to access the register with respect to a particular domain name from DNCL's website. Subject to the Individual Registrant Privacy Option (“IRPO”) referred to in clause 5.7 below, in response to a Query, registrants' personal information will be available (along with the domain name, its commencement and expiry dates and addresses/details of the name servers for it, and our name).
5.3 When a name is cancelled it holds a pending release status. During the pending release period of 90 days from date of cancellation, a registrar may fully re-instate the domain name for the registrant, so that it becomes active again. This means that your personal information remains viewable on the Query Service for that 90 day period. Following the 90 day period when your name is released, your personal information will no longer be disclosed on the Query Service.
5.4 To the extent GDPR applies, EU registrants have the right to object to their personal information being made available through the Query Service. However, pursuant to Article 21 of GDPR, DNC maintains that it has compelling legitimate grounds for disclosing the personal information on the Query Service. This is because without the Query Service, the integrity of the .nz domain name space would be significantly undermined.
5.5 For the avoidance of doubt, by entering into this agreement, you hereby give consent to your personal information being made available on the Query Service.
5.6 To the extent GDPR applies, EU registrants have the right to withdraw their consent under clause 5.5. However, any withdrawal of consent is without prejudice to DNC's position that it has a legitimate interest in disclosing the personal information on the Query Service.
5.7 The IRPO is an optional feature available for individuals who are not using the domain name it is applied to in significant trade. If you are eligible and choose to use IRPO, your telephone number and contact address information will not be disclosed on the Query Service (“Withheld Data”). If you use your domain name for significant trade purposes you will not be eligible for the IRPO (see section 8 of .nz Operations and Procedures policy for further details).
5.8 Despite clause 5.7, Withheld Data may be released in the following circumstances:
- Where applications are made by any person, entity or organisation who have established a legitimate need for the Withheld Data (see sections 22.2-22.22 of .nz Operations and Procedures policy);
- Where disclosure is ordered by a court of competent jurisdiction or is required by any other order with the force of law (see sections 22.23-22.24 of .nz Operations and Procedures policy);
- Where an entity has a Memorandum of Understanding with DNC, such that the entity has automatic access, or alternatively streamlined access, to the Withheld Data (see sections 22.25 to 22.40 of .nz Operations and Procedures policy).
5.9 To the extent that GDPR applies, EU registrants, who are eligible for the IRPO, have the right to object to Withheld Data being disclosed in the circumstances described in clause 5.8. However, pursuant to Article 21 of GDPR, DNC maintains that, based on the Privacy Act 1993 (or any substitute enactment) (and in particular Principle 11) it has compelling legitimate grounds to disclose Withheld Data on these circumstances.
6 Payment of Fees
6.1 You agree to pay for the services we provide for you.
6.2 If you transfer a domain name registered to you to another registrant or to be managed by another registrar, all charges owing to us shall become immediately due and payable on the date of that transfer.
6.3 We may alter our fees from time to time. When we alter them we will send you notice of the alteration thirty (30) days before the new fee takes effect.
6.4 Our usual fees are for registration of .nz domains for one year. We may also charge for redirection, email, hosting or other related services provided by us. We will tell you before any additional charge is incurred.
6.5 Our prices are stated in Australian dollars and include GST.
7 Suspension And Refusal To Supply Services
If you do not pay our charges for a domain name registered to you we may:
- cancel registration of that domain name; or
- refuse to provide a service you request.
8 Cancellation of a Domain Name
If we are going to cancel the registration of a domain name registered to you as a result of you not paying our charges relating to that registration, we will give you fourteen (14) days' notice before we initiate action to cancel that domain name.
9 Exclusion of Liability
We exclude all liability we may have to you for any claim except where we have acted in bad faith. This exclusion also applies for the benefit of:
9.1 lnternetNZ, the registry and any other entity we are in any business relationship with;
9.2 every officer, employee, contractor, agent of us or any entity in clause 9.1;
9.3 anyone else we get to perform our duties under any agreement you have with us.
None of the persons specified above is liable or has to pay you for anything else in connection with or resulting from anything any of us does or does not do, or delays in doing, whether or not it is contemplated or authorised by any agreement you have with us.
This exclusion applies whatever you are claiming for and in whatever way liability might arise.
This exclusion does not prevent you getting a court order requiring us to do anything we have agreed to do for you and does not limit any rights you may have under the Consumer Guarantees Act 1993.
10 Limitation of our Liability
We have excluded all other liability we or any of the persons specified in clause 9 may have to you. If any of those persons is ever liable to you and, for any reason, cannot rely on the exclusion of liability set out in clause 9 then this clause applies.
Where this clause applies, the maximum combined amount the persons specified above (together) will have to pay you and anyone else who uses the services we provide for you (together) is the amount of the last month's fee paid by you under this agreement.
11 Law and Jurisdiction Applying to this Agreement
Unless we otherwise agree in writing, this agreement contains all the terms of our relationship and continues to apply no matter where you are located at the time any of the services are provided or where you reside. This will be the case until this agreement is cancelled except to the extent clause 15 says otherwise.
To the extent legally permitted:
11.1 all our services are provided under New Zealand law;
11.2 any claim or dispute arising out of or in connection with this agreement must be instituted within 60 days from the date the relevant service was supplied to you;
11.3 except as otherwise stated, you may take action against us only in a New Zealand court;
11.4 where you or any registrant for whom you act supplies incorrect information regarding a domain name and we incur cost in any matter concerning that name then we may recover the costs incurred by us from you;
11.5 In the event of a conflict between our general terms and conditions and that of this agreement, the terms of this agreement shall prevail.
12 Cancelling the Agreement
12.1 We may cancel or suspend this agreement by giving you one months' notice if you do not meet your duties to us.
12.2 We may end the agreement for any other reason by giving you one month's notice.
13 More Than One Person
You are responsible for everybody whom you permit to act for you as a registrant. We will take reasonable care to satisfy ourself that you have permitted those persons to act for you.
14 Each Clause Separately Binding
Each clause of the agreement you have with us is separately binding.
If for any reason we, you, or any of the persons specified in clause 9 cannot rely on any clause, all other clauses of it are binding.
15 Rights and Responsibilities that Continue
The cancelling of any agreement you have with us does not affect any rights and responsibilities, which are intended to continue or come into force afterwards. These include the rights and duties under 2, 4 – 11, 13 – 14, and this clause 15.
.uk Domain Registrant Agreement
1 AGREEMENT
In this registration agreement (Agreement), you and your refer to the registrant of each domain name registration, and we, us and our refer to the Registrar (as defined in clause 31 below). This Agreement explains our obligations to you, and explains your obligations to us for your .uk domain name registration (Services).
2 SELECTION OF A DOMAIN NAME
You represent and warrant 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 a third party and that the domain name is not being registered for any unlawful purpose.
3 FEES
As consideration for the Services you have selected, you agree to pay to us the applicable fees. All fees payable hereunder are non-refundable. As further consideration for the Services, you agree to:
- provide certain current, complete and accurate information about you as required by the registration process, and
- maintain and update this information as needed to keep it current, complete and accurate.
All such information shall be referred to as account information (Account Information). You, by completing and submitting this Agreement, represent that the statements in your application are true.
4 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. This Agreement will remain in full force during the length of the term of your domain name registration as selected, recorded, and paid for upon registration of the domain name. Should you choose to renew or otherwise lengthen the term of your domain name registration, 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, other than in respect of clauses 3, 12, 13 and 17 which shall survive termination or expiration of this Agreement, the terms and conditions of this Agreement shall cease and shall be replaced by the contractual terms of the new registrar.
5 MODIFICATIONS TO AGREEMENT
You agree, during the period of this Agreement, that we may:
- revise the terms and conditions of this Agreement; and
- change the services provided under this Agreement.
Any such revision or change will be binding and effective immediately on posting of the revised Agreement or change to the service(s) on our web site, or on notification to you by email or regular mail as per the Notices section 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 by email or regular mail as per the Notices section of this Agreement, or immediately transfer your domain name to another registrar. 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 the Nominet UK dispute resolution policy (Dispute Policy) as amended from time to time. You agree that, by maintaining the reservation or registration of your domain name after modifications to the Dispute Policy become effective, you have agreed to these modifications. You acknowledge that if you do not agree to any such modifications, you may request that your domain name be deleted from the domain name database.
6 MODIFICATIONS TO YOUR ACCOUNT
In order to change any of your account information with us, you must use your account identifier and password that you selected when you opened your account with us. 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. You are solely liable for any activity that occurs through the use of your account identifier and password.
7 DOMAIN NAME DISPUTE POLICY
If you reserved or registered a domain name through us, or transferred a domain name to us from another registrar, you agree to be bound by the Dispute Policy which is incorporated herein and made a part of this Agreement by reference. The current version of the Dispute Policy may be found at http://www.nominet.org.uk/disputes/when-use-drs/policy-and-procedure. Please take the time to familiarize yourself with this policy.
8 DOMAIN NAME DISPUTES
You agree that, if the registration or reservation of your domain name is challenged by a third party, you will be subject to the provisions specified in the Dispute Policy in effect at the time of the dispute. You agree that in the event a domain name dispute arises with any third party, you will indemnify and hold us harmless pursuant to the terms and conditions contained in the Dispute Policy.
9 NOMINET UK POLICY
You agree that your registration of the domain name shall be subject to suspension, cancellation, or transfer pursuant to any Nominet UK-adopted policy, term or condition, or pursuant to any registrar or registry procedure (consistent with any Nominet UK-adopted policy),
- to correct mistakes by a registrar or the registry in registering the name, or
- for the resolution of disputes concerning the domain name.
The current Nominet UK terms and conditions can be found at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details.
When you submit a request for a domain name registration with us, you will be entering into two contracts – one contract with us and one contract with Nominet UK. Nominet UK is the UK registry for .uk domain names.
We will act as agents on your behalf by submitting your application to Nominet for you, however, you will still be entering into a direct contract between you and Nominet UK. This is a separate contract from this Agreement, and is currently located at http://www.nominet.org.uk/uk-domain-names/registering-uk-domain/legal-details/terms-and-conditions-domain-name-registration.
We must also make you aware that by accepting Nominet's terms and conditions you are consenting to Nominet using your personal data for a variety of reasons. In particular, your name and address may be published as part of Nominet's WHOIS look-up service.
10 AGENCY
Should you intend to license use of a domain name to a third party, you shall nonetheless be the domain name registrant 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, however such liability may be limited through the prompt disclosure of the identity of such third party licensee to the party who has provided reasonable evidence of actionable harm or made the allegation. You shall also remain liable for the use of that domain name by any such third party, notwithstanding any agreements between yourself and such third party/parties. 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 in full (including without limitation, clause 18 (Information) and 19 (Disclosure and Use Of Registration Information) below).
11 ANNOUNCEMENTS
We reserve the right to distribute information to you that is pertinent to the quality or operation of our services and those of our service partners. These announcements will be predominately informative in nature and may include notices describing changes, upgrades, new products or other information to add security or to enhance your identity on the Internet.
12 LIMITATION OF LIABILITY
You agree that our entire liability, and your exclusive remedy, with respect to any Services provided under this Agreement and any breach of this Agreement is solely limited to the amount you paid for such Services. Neither we and our contractors or third party beneficiaries shall not be liable for any direct, indirect, incidental, special or consequential damages (including without limitation any loss of profits) resulting from the use or inability to use any of the Services or for the cost of procurement of substitute services or otherwise, 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 or liability. Because some countries and jurisdictions do not allow the exclusion or limitation of liability for consequential or incidental damages, in such countries and jurisdictions, our liability is limited to the maximum extent permitted by law. Subject always to the previous sentence, we will not be responsible for or accept any loss of liability suffered by any party resulting from, but not limited to:
- access delays or access interruptions to the Services or our systems;
- data non-delivery or data mis-delivery;
- acts of God (or force majeure);
- the unauthorized use or misuse of your account identifier or password;
- errors, omissions, or misstatements in any and all information or services(s) provided under this Agreement;
- the interruption of your Services or your business; and/or
- loss of registration and/or use of your domain.
In no event shall our maximum liability exceed five hundred ($500.00) dollars.
13 INDEMNITY
You agree to release, indemnify, and hold us, our contractors, agents, employees, officers, directors and affiliates harmless from all liabilities, claims and expenses, including attorney's fees, from claims by 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, we may seek written assurances from you concerning your promise to indemnify us; your failure to provide those assurances may be considered by us to be a breach of your Agreement and may result in deactivation of your domain name.
14 TRANSFER OF OWNERSHIP
Any transfer of ownership in and to a domain name registration shall be affected in accordance with Nominet UK policies and procedures.
15 BREACH
You agree that failure to abide by any provision of this Agreement, any operating rule or policy or the Dispute Policy, 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 or have remedied the breach identified to you, then we may terminate this Agreement and delete the registration or reservation of your domain name. Any such breach by you shall not be deemed to be excused simply because we did not act earlier in response to that, or any other, breach by you.
16 NO GUARANTEE
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. Further, you agree that neither a pre-registration application nor a registration of a domain name grants any legal rights of ownership of the relevant domain name.
17 DISCLAIMER OF WARRANTIES
You agree that your use of our Services is solely at your own risk. You agree that such Services are provided on an “as is”, “as available” basis. To the maximum extent permitted by law, 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 Services 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 Services or as to the accuracy or reliability of any information obtained through the Services or that defects in the Services will be corrected. You understand and agree that any material and/or data downloaded or otherwise obtained through the use of Services 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 Services or any transactions entered into through the Services. No advice or information, whether oral or written, obtained by you from us or through the Services shall create any warranty not expressly made herein.
18 INFORMATION
As part of the registration process, you are required to provide us certain information and to update us promptly as such information changes such that our records are current, complete and accurate. You are obliged to provide us the following information:
- your name and postal address (or, if different, that of the domain name holder);
- the domain name being registered;
- the name, postal address, email address, and voice and fax (if available) telephone numbers of the administrative contact for the domain name;
- the name, postal address, email address, and voice and fax (if available) telephone numbers of the billing contact for the domain name.
Any voluntary information we request is collected such that we can continue to improve the products and services offered to you.
19 DISCLOSURE AND USE OF REGISTRATION INFORMATION
You agree and acknowledge that we will make domain name registration information you provide available to Nominet UK, to the registry administrators, and to other third parties as Nominet UK and applicable laws may require or permit. You further agree and acknowledge that we may make publicly available, or directly available to third party vendors, some, or all, of the domain name registration information you provide, for purposes of inspection (such as through our WHOIS service) or other purposes as required or permitted by Nominet UK and the applicable laws. You hereby consent to any and all such disclosures and use of, and guidelines, limits and restrictions on disclosure or use of, information provided by you in connection with the registration of a domain name (including any updates to such information), whether during or after the term of your registration of the domain name. You hereby irrevocably waive any and all claims and causes of action you may have arising from such disclosure or use of your domain name registration information by us. You may access your domain name registration information in our possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available by us. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. We will take reasonable precautions to protect the information we obtain from you from our loss, misuse, unauthorized access or disclosure, alteration or destruction of that information.
20 REVOCATION
Your wilful provision of inaccurate or unreliable information, your wilful failure promptly to update information provided to us, or any failure to respond to inquiries by us addressed to the email address of the registrant, the administrative, billing or technical contact appearing in the “WHOIS” directory with respect to a domain name concerning the accuracy of contact details associated with the registration shall constitute a material breach of this Agreement and be a basis for cancellation of the domain name registration. Any information collected by us concerning an identified or identifiable natural person (Personal Data) will be used in connection with the registration of your domain name(s) and for the purposes of this Agreement and as required or permitted by the Nominet UK Agreement or a Nominet UK/Registry Operator policy.
21 RIGHT OF REFUSAL
We, in our sole discretion, reserve the right to refuse to register or reserve your chosen domain name or register you for other Services 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.
22 SEVERABILITY
You agree that the terms of this Agreement are severable. If any term or provision is declared invalid or unenforceable, that term or provision will be construed consistent with applicable law as nearly as possible to reflect the original intentions of the parties, and the remaining terms and provisions will remain in full force and effect.
23 NON-AGENCY
Nothing contained in this Agreement or the Dispute Policy shall be construed as creating any agency, partnership, or other form of joint enterprise between the parties.
24 NON-WAIVER
Our failure to require performance by you of any provision hereof shall not affect the full right to require such performance at any time thereafter; nor shall the waiver by us of a breach of any provision hereof be taken or held to be a waiver of the provision itself.
25 NOTICES
Any notice, direction or other communication that we give to you under this Agreement shall be in writing and given by sending it via email to the address specified in your WHOIS record. 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 email, notifications must be sent to support[at]ripplenetworking[dot]net, or in the case of notification to you, to the email address provided by you in your WHOIS record. Any email 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 17:00 ACST, otherwise it will be deemed to have been delivered on the next business day.
In the case of notification to you shall be to the address specified in the “Administrative Contact” in your WHOIS record.
26 ENTIRETY
You agree that this Agreement, the rules and policies published by us and the Dispute Policy are the complete and exclusive agreement between you and us regarding our Services. This Agreement and the Dispute Policy supersede all prior agreements and understandings, whether established by custom, practice, policy or precedent.
27 GOVERNING LAW
THIS AGREEMENT SHALL BE GOVERNED BY AND INTERPRETED AND ENFORCED IN ACCORDANCE WITH THE LAWS OF THE GOVERNING JURISDICTION (AS DEFINED BELOW) APPLICABLE THEREIN WITHOUT REFERENCE TO RULES GOVERNING CHOICE OF LAWS. ANY ACTION RELATING TO THIS AGREEMENT MUST BE BROUGHT IN THE COURTS OF THE GOVERNING JURISDICTION AND YOU IRREVOCABLY CONSENT TO THE JURISDICTION OF SUCH COURTS. WHERE THE GOVERNING JURISDICTION IS ONTARIO, CANADA, THE RULES GOVERNING CHOICE OF LAWS SHALL NOT BE REFERRED TO.
28 INFANCY
You attest that you are of legal age to enter into this Agreement.
29 INCONSISTENCIES WITH NOMINET UK
In the event that this Agreement may be inconsistent with any term, condition, policy or procedure of Nominet UK, the term, condition, policy or procedure of Nominet UK shall prevail.
30 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.
31 DEFINITIONS
Governing Jurisdiction means:
- Ontario, Canada, where your Registrar is Tucows Domains, Inc.; or
- Australia, where your Registrar is either
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH;
- Key-Systems, LLC;
- TPP Domains Pty Ltd
- TPP Wholesale Pty Ltd; or
Nominet UK means the entity granted the exclusive right to administer the registry for .uk domain name registrations.
Registrar means the Nominet UK accredited entity your domain name is registered with, being either:
- Tucows Domains, Inc;
- Domain Directors Pty Ltd (trading as Instra);
- Key-Systems GmbH;
- Key-Systems, LLC;
- TPP Wholesale Pty Ltd; or
- TPP Domains Pty Ltd (trading as TPP Internet)
as can be determined by performing a WHOIS record search on your domain name at https://lookup.icann.org/en and reviewing the entity specified as the “Registrar ID” and/or “Registrar Name” (or “Sponsoring Registrar”). Where the Nominet UK accredited entity your domain name is registered with is not Domain Directors Pty Ltd, any reference to “Registrar” (including “we”, “us” and “our”) in clauses 3, 5, 6, 7, 8, 9, 10, 11, 12, 13, 15, 16, 17, 18, 19, 21, 22 and 23 of this Agreement shall also be deemed a separate reference to Domain Directors Pty Ltd.
Mandated Provisions for gTLD Domain Name Registrations (ICANN RAA 2013 — Section 3.7.7)
Domain Directors Pty Ltd is accredited by ICANN to provide registrar services for gTLD domain name spaces. As part of that accreditation, we have agreed to be bound by certain agreements including the Registrar Accreditation Agreement (Agreement). Section 3.7.7 of that Agreement requires us to include certain terms (Provisions). These Provisions are incorporated by reference into our agreements with you relating to any application for a gTLD domain name that you may make. When you submit an application to register a gTLD domain name with us, you are stating that you have read and understood these Provisions, and you agree to bound by them. For the purposes of the following terms, Domain Directors Pty Ltd is the “Registrar” and you are the “Registered Name Holder”.
3.7.7.1 The Registered Name Holder shall provide to Registrar accurate and reliable contact details and correct and update them within seven (7) days of any change during the term of the Registered Name registration, including: the full name, postal address, email address, voice telephone number, and fax number if available of the Registered Name Holder; name of authorised person for contact purposes in the case of an Registered Name Holder that is an organisation, association, or corporation; and the data elements listed in Subsections 3.3.1.2, 3.3.1.7 and 3.3.1.8.
3.7.7.2 A Registered Name Holder's wilful provision of inaccurate or unreliable information, its wilful failure to update information provided to Registrar within seven (7) days of any change, or its failure to respond for over fifteen (15) days to inquiries by Registrar concerning the accuracy of contact details associated with the Registered Name Holder's registration shall constitute a material breach of the Registered Name Holder-registrar contract and be a basis for suspension and/or cancellation of the Registered Name registration.
3.7.7.3 Any Registered Name Holder that intends to license use of a domain name to a third party is nonetheless the Registered Name Holder 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 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 it discloses the current contact information provided by the licensee and the identity of the licensee within seven (7) days to a party providing the Registered Name Holder reasonable evidence of actionable harm.
3.7.7.4 Registrar shall provide notice to each new or renewed Registered Name Holder stating:
3.7.7.4.1 The purposes for which any Personal Data collected from the applicant are intended;
3.7.7.4.2 The intended recipients or categories of recipients of the data (including the Registry Operator and others who will receive the data from Registry Operator);
3.7.7.4.3 Which data are obligatory and which data, if any, are voluntary; and
3.7.7.4.4 How the Registered Name Holder or data subject can access and, if necessary, rectify the data held about them.
3.7.7.5 The Registered Name Holder shall consent to the data processing referred to in Subsection 3.7.7.4.
3.7.7.6 The Registered Name Holder shall represent that notice has been provided equivalent to that described in Subsection 3.7.7.4 to any third-party individuals whose Personal Data are supplied to Registrar by the Registered Name Holder, and that the Registered Name Holder has obtained consent equivalent to that referred to in Subsection 3.7.7.5 of any such third-party individuals.
3.7.7.7 Registrar shall agree that it will not process the Personal Data collected from the 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 Subsection 3.7.7.4 above.
3.7.7.8 Registrar shall agree that it will take reasonable precautions to protect Personal Data from loss, misuse, unauthorised access or disclosure, alteration, or destruction.
3.7.7.9 The Registered Name Holder shall represent that, to the best of the Registered Name Holder's knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party.
3.7.7.10 For the adjudication of disputes concerning or arising from use of the Registered Name, the Registered Name Holder shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts
- of the Registered Name Holder's domicile and
- where Registrar is located.
3.7.7.11 The Registered Name Holder shall agree that its registration of the Registered Name shall be subject to suspension, cancellation, or transfer pursuant to any Specification or Policy, or pursuant to any registrar or registry procedure not inconsistent with any Specification or Policy,
- to correct mistakes by Registrar or the Registry Operator in registering the name or
- for the resolution of disputes concerning the Registered Name.
3.7.7.12 The Registered Name Holder shall indemnify and hold harmless the Registry Operator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of or related to the Registered Name Holder's domain name registration.