Domain Name Registration Agreement

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Domain Name Registration Agreement
(Last Updated: November 29, 2013)
© DomainPeople. All Rights Reserved.
TABLE OF CONTENTS
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General Provisions
Uniform Domain Name Dispute Resolution Policy (Exhibit 'A')
Charter Eligibility Dispute Resolution Policy (Exhibit „B‟)
Provisions specific to “.CA” TLDs (Schedule „1‟)
Provisions specific to ".BIZ" TLDs (Schedule „2‟)
Provisions specific to ".INFO" TLDs (Schedule „3‟)
Provisions specific to ".US" TLDs (Schedule „4‟)
Provisions specific to ".CN" TLDs (Schedule „5‟)
Provisions specific to ".PRO" TLDs (Schedule „6‟)
Provisions specific to ".DE" TLDs (Schedule „7‟)
Provisions specific to ".EU" TLDs (Schedule „8‟)
Provisions specific to ".MOBI" TLDs (Schedule „9‟)
Provisions specific to “.TW” ccTLDs (Schedule „10‟)
Provisions specific to “.Asia” TLDs (Schedule „11‟)
Provisions specific to “.NAME” TLDs (Schedule „12‟)
Provisions specific to “.UK” TLDs (Schedule „13‟)
Provisions specific to “.TEL” TLDs (Schedule „14‟)
Provisions specific to “.IN” TLDs (Schedule „15‟)
Provisions specific to CentralNic Domain Extensions (Schedule „16‟)
Provisions specific to Other ccTLDs (Schedule „17‟)
GENERAL PROVISIONS
This Domain Name Registration Agreement (“Agreement”) sets forth the terms and conditions under
which DomainPeople, Inc. (“DomainPeople”) provides its services as a Registrar. The terms “you”
and “your” refer to both the Registrant and the Applicant (as defined below). Provision of
DomainPeople‟s services is subject at all times to this Agreement. The attached Exhibits and
Schedules are included as integral parts of this Agreement, as applicable.
1.
DEFINITIONS
(a)
“Affiliate” means any legal entity that owns, is owned by, or is under common ownership
with a Party with ownership greater than 25% of the shares, interests or assets of such
legal entity or Party, as applicable.
(b)
“Applicant” means the person who submits a Registration Order on behalf of the Registrant.
(c)
“DNR Services” mean the domain name registrations
DomainPeople provides to you under this Agreement.
(d)
“Domain” means a string of alphabetical and/or alphanumeric characters followed by a
suffix indicating the applicable domain name extension, which is used as an Internet
address to identify a computer on the Internet.
(e)
“DP Intellectual Property” means all rights, title, interest and benefit of DomainPeople in
and to intellectual property of every nature, whether registered or unregistered, including,
without limitation, all copyrights, patents, trademarks, certification marks and industrial
designs, applications for any of the foregoing, trade names, brand names, business names,
trade secrets, proprietary manufacturing information and know-how, instruction manuals,
inventions, inventor‟s notes, research data, blue prints, drawings and designs, formulae,
and
related
services
that
calculations, processes, prototypes, source codes, digital files, URLs, technology, together
with all rights under license agreements, sublicense agreements, strategic alliances,
development agreements, technology transfer agreements and other agreements or
instruments relating to any of the foregoing, that are owned by DomainPeople or relating to
the DNR Services.
(f)
“ICANN” means the Internet Corporation for Assigned Names and Numbers.
(g)
“Registrant” means the person (individual or corporate entity) that is recorded in the Whois
as the owner of the particular Domain.
(h)
“Registrar” means an ICANN-accredited Domain registrar.
(i)
“Registration” means the registration or pre-registration of your Domain with the applicable
Registry.
(j)
“Registration Order” means the online order form for submitting a particular Domain for
registration with DomainPeople as the Registrar of record.
(k)
“Registry” means an entity accredited by ICANN to supervise specific generic top-level
Domains (“gTLDs”) and to operate the domain name system for such gTLDs and/or, in
cases of country code top-level Domains (ccTLDs), to act as an administrator of ccTLDs for
a particular country and operate the domain name system for such country's specific
Domain extension(s).
(l)
“Renewal” means the renewed Registration for another fixed term.
(m)
“Specifications and/or Policies” means any requirements, specifications, policies, procedures,
or programs implemented by ICANN as authorized by ICANN‟s Bylaws.
(n)
“URL” means Uniform Resource Locator, which is the protocol for specifying addresses on
the Internet.
(o)
“Whois” means the directory service or database over the Internet used for searching
information related to a particular Domain that is required by ICANN to be compiled upon
registration of a Domain.
2.
THIS AGREEMENT
2.1
Agreement. By submitting a Registration Order, you are acknowledging that you have read,
understood, and agreed to all the terms and conditions of this Agreement, including any
other agreement or policy that may be published by DomainPeople from time to time
(whether referenced in this Agreement or not).
2.2
Exhibits & Schedules. This Agreement includes the attached Exhibits and Schedules, which
shall take effect as applicable and as stated therein.
2.3
Amendments. You agree that the industry and practice of registering and administering
Domains, and providing related services, is constantly evolving and, as a result,
DomainPeople may need to amend this Agreement and/or other applicable agreements and
policies to (i) protect DomainPeople against legal risks, and (ii) comply with ICANN rules,
regulations, and policies. The operative and effective version of this Agreement shall be the
latest version available at http://www.domainpeople.com/legal/registration-agreement.pdf
(or such other URL as DomainPeople may designate at its sole discretion). It is your
responsibility to frequently visit DomainPeople‟s Web site for updates to this Agreement.
DomainPeople shall not be obligated to send you any notice of amendments to this
Agreement and your continued use of the DNR Services shall constitute your agreement to
such amendments.
2.4
Priority of Agreements. Subject to the express written agreement signed by an authorized
signatory of DomainPeople, the terms of this Agreement supersedes the terms of any other
agreement (whether written, verbal or otherwise) between you and DomainPeople as they
relate to the DNR Services.
2.5
Binding Agreement.
This Agreement becomes binding on you from the time the
Registration Order is submitted to DomainPeople. This Agreement becomes binding on
DomainPeople from the time DomainPeople registers the Domain and sends you
confirmation of such registration. DomainPeople reserves the right to accept or reject your
Registration Order at its sole discretion.
3.
DOMAIN REGISTRATION
3.1
Effective Registration.
You agree that Domain registrations are not effective until
DomainPeople delivers your Registration Order information to the applicable Registry and
such Registry puts your Registration into effect. You further agree that Registrations shall
be for fixed periods only. You agree that your request for a particular Domain does not
guarantee that the Domain shall be successfully registered.
DomainPeople is not
responsible for any Domain not registered.
3.2
Registry or ICANN Actions. You agree that DomainPeople is not liable or responsible in any
way for errors, omissions, or actions by the Registry arising out of or relating to your
Registration Order and receipt of, or failure to receive, the registration of your selected
Domain(s). You further agree that your Registration 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, (1) to correct
mistakes by DomainPeople or the Registry in registering the Domain or (2) for the
resolution of disputes concerning the Domain.
3.3
Ownership of Domain. YOU AGREE THAT THE REGISTRANT SHALL HAVE SOLE LEGAL
OWNERSHIP OF THE DOMAIN. IT IS YOUR SOLE RESPONSIBILITY, AND NOT THE
RESPONSIBILITY OF DOMAINPEOPLE, TO ENSURE THAT THE CORRECT REGISTRANT NAME
IS RECORDED. YOU AGREE THAT YOUR FAILURE TO RECORD A VALID OR CORRECT
REGISTRANT NAME MAY RESULT IN YOUR INABILITY TO RENEW, TRANSFER OR TAKE ANY
OTHER ACTION RELATING TO YOUR DOMAIN, WHICH MAY FURTHER RESULT IN THE
SUSPENSION OR TERMINATION OF YOUR REGISTRATION.
3.4
Registrant Transfers. Before you may transfer the ownership of your Domain to another
person, you shall pay DomainPeople the then current fees for such transaction. You agree
that any such Registrant transfer is subject to the person receiving ownership of the
Domain (“Transferee”) agreeing to this Agreement. Your Domain shall not be transferred
until DomainPeople receives the Transferee‟s acceptance of this Agreement and actual
payment of the transfer fees. You acknowledge and agree that if you attempt to transfer
your Domain ownership without paying DomainPeople the transfer fees, or if the Transferee
fails to agree to this Agreement, then any such transfer shall be invalid and DomainPeople
shall, at its sole discretion, have the right to reverse the Registrant transfer and/or suspend
or terminate your Registration without refunding any fee you have already paid. You
further agree to follow DomainPeople‟s then current procedures for Registrant transfers,
which may entail submission and notarization of certain forms, documents, and your photo
identification (as requested by DomainPeople).
3.5
Username & Password.
IT IS YOUR SOLE RESPONSIBILITY, AND NOT THE
RESPONSIBILITY OF DOMAINPEOPLE, TO KEEP, GUARD, AND REMEMBER YOUR USERNAME
AND PASSWORD ASSOCIATED WITH YOUR DOMAIN. YOU AGREE THAT THE PERSON
RECORDED AS THE ADMINISTRATIVE CONTACT FOR YOUR DOMAIN SHALL HAVE FULL
ACCESS TO YOUR USERNAME AND PASSWORD AND, AS A RESULT, SHALL HAVE THE
ABILITY TO CONTROL YOUR DOMAIN, INCLUDING THE ABILITY TO EXECUTE REGISTRANT
TRANSFERS, REGISTRANT TRANSFERS, AND WHOIS CHANGES. IF YOU LOSE OR FORGET
YOUR USERNAME AND PASSWORD, DOMAINPEOPLE‟S ONLY OBLIGATION SHALL BE TO
PROVIDE A NEW USERNAME AND PASSWORD TO THE ADMINISTRATIVE CONTACT
RECORDED IN THE WHOIS AT THE TIME.
YOU FURTHER AGREE TO FOLLOW
DOMAINPEOPLE‟S THEN CURRENT PROCEDURES FOR CHANGING THE ADMINISTRATIVE
CONTACT OF RECORD, WHICH MAY ENTAIL SUBMISSION AND NOTARIZATION OF CERTAIN
FORMS, DOCUMENTS,
DOMAINPEOPLE).
AND
YOUR
PHOTO
IDENTIFICATION
(AS
REQUESTED
BY
3.6
Domain Disputes. You agree that if your Registration is challenged by a third party, you
shall be subject to the provisions specified in the applicable Domain dispute policy,
including the policies attached in the Exhibits to this Agreement. If DomainPeople is
notified that a complaint or legal action has been filed with a judicial or administrative body
regarding your Domain and/or your use of the DNR Services, you agree not to make any
changes to your Domain record without DomainPeople‟s prior written approval. You further
agree that DomainPeople may, at its sole discretion, place a hold on your Domain,
otherwise prevent you from making any changes to the Registration, or transfer control
over your Domain to the applicable Registry until (i) DomainPeople is directed to do so by
the judicial or administrative body, or (ii) the dispute has been settled between you and the
disputing party and DomainPeople received satisfactory documentation evidencing the
settlement.
3.7
Renewals. DOMAIN NAMES CAN BE RENEWED AT ANY TIME DURING ITS REGISTRATION
TERM. WHEN YOUR GTLD DOMAIN REGISTRATION TERM IS APPROACHING ITS EXPIRY
DATE, DOMAINPEOPLE SHALL EMAIL A RENEWAL NOTICE TO THE ADMINISTRATIVE AND
BILLING CONTACTS OF YOUR DOMAIN STATING THAT YOUR DOMAIN NEEDS TO BE
RENEWED BEFORE (OR, IF APPLICABLE, AFTER) THE EXPIRY DATE. WHILE DOMAINPEOPLE
MAY SEND OUT ONE OR MORE SUCH RENEWAL NOTICES, YOU ARE SOLELY RESPONSIBLE,
AND DOMAINPEOPLE IS NOT LIABLE IN ANY WAY, FOR TIMELY AND VALID RENEWALS. IF
YOU FAIL TO EXECUTE A RENEWAL BEFORE THE REGISTRATION EXPIRES, YOU
UNDERSTAND, ACKNOWLEDGE, AND AGREE THAT YOU SHALL BE FORFEITING YOUR
RIGHTS AND OWNERSHIP IN THE DOMAIN, THUS DISABLING ANY WEBSITE YOU MAY
HAVE RESOLVING TO SUCH DOMAIN. DOMAINPEOPLE MAY SET YOUR DOMAIN TO RENEW
AUTOMATICALLY UPON EXPIRATION OF THE DOMAIN‟S REGISTRATION TERM. IF THIS
OPTION IS SELECTED, YOU EXPRESSLY AUTHORIZE DOMAINPEOPLE TO RENEW YOUR
DOMAIN IN YOUR NAME FOR SUCCESSIVE ONE-YEAR TERMS AND TO CHARGE YOUR
ACCOUNT ACCORDINGLY UNTIL YOU ELECT TO TERMINATE YOUR REGISTRATION
PURSUANT TO THE TERMS OF THIS AGREEMENT. IF YOU DO NOT WANT YOUR DOMAIN TO
RENEW AUTOMATICALLY, IT IS YOUR SOLE RESPONSIBILITY, AND NOT DOMAINPEOPLE‟S,
TO LOG INTO YOUR CUSTOMER INTERFACE AND DE-SELECT THE “AUTORENEW” FUNCTION.
YOU MAY DE-SELECT THE AUTO-RENEW FUCTION AT ANY TIME DURING A REGISTRATION
TERM. UPON EXPIRATION OF A REGISTRATION, DOMAINPEOPLE SHALL HAVE THE RIGHT
TO DELETE THE DOMAIN, TAKE OVER CONTROL AND/OR OWNERSHIP OF THE DOMAIN, OR
OTHERWISE MAKE THE DOMAIN AVAILABLE TO THE PUBLIC AND YOU SHALL NOT MAKE
ANY COMPLAINT, CLAIM OR CHALLENGE AGAINST DOMAINPEOPLE THERETO.
3.8
Registrar Transfers. Before you may transfer Registrars (to or from DomainPeople), you
shall pay DomainPeople the then current fees for such transaction. Only the Registrant, or
an authorized agent of the Registrant, shall be allowed to initiate a request to transfer
Registrars. DomainPeople may, at its sole discretion, require you to provide documentation
satisfactory to DomainPeople that proves your identity as the Registrant or that the
Registrant initiated and/or authorized the transfer request. Any inability to provide a
proper username and password or other evidence satisfactory to DomainPeople may result
in the loss of your Domain.
Upon successful completion of a Registrar transfer to
DomainPeople from another Registrar, DomainPeople shall immediately become the
Registrar of record and, as such, you shall be bound by this Agreement. To complete a
Registrar transfer to DomainPeople, you must extend your existing Registration term for 1
year from the date your existing Registration is set to expire, provided that the total
unexpired term of the Registration does not exceed 10 years.
3.9
Refusal of Registrar Transfer. DomainPeople reserves the right to deny a Registrar transfer
request (i) during the first 60 days after the initial Registration with the original Registrar or
after a successful transfer to a Registrar pursuant to ICANN‟s transfer policy; (ii) in
accordance with the circumstances described in this Agreement under the applicable
Domain dispute policy; (iii) if there is a pending bankruptcy or insolvency of the Registrant;
(iv) if there is a dispute over the identity of the Registrant; (v) by operation of law; or (vi)
at the discretion of the then current Registrar. It is the sole responsibility of the Registrant,
and not of DomainPeople, to ensure that the Registrar transfer request shall not be denied
for any of the above reasons prior to initiating the Registrar transfer. Registrar transfer
fees are not refundable.
3.10
Administration by DomainPeople. You hereby expressly agree that DomainPeople may
temporarily change the Whois information to name DomainPeople as the administrative
contact for the limited purpose of administrating your Domain. Upon completion of the
procedure at hand, DomainPeople shall promptly change the administrative contact back to
the administrative contact of record immediately preceding the change made by
DomainPeople. Ownership of the Domain shall at all times remain with the Registrant.
3.11
Agency. If you are registering a Domain for someone else, you represent, warrant, and
agree that you have the authority to bind that person as a principal to all the terms and
conditions of this Agreement and that you shall be jointly and severally liable under this
Agreement.
3.12
License to Third Parties. If you license the use of your Domain to a third party (“Licensee”),
you represent, warrant, and agree that you nonetheless remain the Registrant and
responsible for all obligations under this Agreement, including payment of fees and
providing (and updating, as necessary) your full, current, accurate, and complete contact
information and administrative, technical, and billing contact information. License of your
Domain to Licensees is at your sole risk and you shall abide by the indemnification
provisions in this Agreement for the benefit of DomainPeople and the other parties stated
therein.
3.13
Parking Pages. DomainPeople reserves the right to redirect at any time any non-resolving
Domain to a generic parking page of DomainPeople‟s choosing. For the purposes of this
section, “non-resolving” means a Domain that is registered to you (or by you) and at any
given point in time: (i) points at the default nameservers belonging to DomainPeople or an
Affiliate of DomainPeople‟s, (ii) does not have the domain forwarding feature activated, and
(iii) does not resolve to a published hosting account or other Web page. You agree that
DomainPeople may display advertisements on its parking page(s) and you understand that
the advertising on the parking page(s) may be for or include but are not limited to
DomainPeople's Web site, DomainPeople‟s products and services, third party Web sites,
third party products and services, and/or commercial search engines. DomainPeople
reserves the right to change the content and/or appearance of, or disable in part or entirely,
such advertising at any time, at DomainPeople‟s sole discretion, and without prior notice to
you. You agree that all revenue (if any) generated through such parking page(s) shall
belong solely to DomainPeople unless otherwise agreed upon between the parties in writing.
If you wish to stop your Domain from resolving to a parking page provided by
DomainPeople, it is your responsibility to log into your customer interface and change the
nameservers for your Domain so that it no longer points at DomainPeople‟s nameservers.
4.
REGISTRATION INFORMATION
4.1
Required Information. As part of your Registration process, you must provide all of the
following information (collectively “Registrant Information”):
(i)
(ii)
(iii)
(iv)
(v)
(vi)
4.2
The full legal name, mailing address, e-mail address, phone number, and fax
number (if available) of the Registrant;
The full legal name, mailing address, e-mail address, phone number, and fax
number (if available) of the administrative, technical, and billing contacts for the
Domain;
The Internet Protocol (IP) addresses of the primary name server and any
secondary name server for the Domain;
The corresponding names of the name server(s);
Any remark concerning the Domain that should appear in the Whois;
Any other information that the applicable Registry may require to be submitted to
it, including the primary purpose of the Registration.
Representation & Mandate. The Registrant Information you provide for your Registration
shall be true, complete, and correct at all times. In the event of any change to your
Registrant Information during the term of your Registration, you shall update your
Registrant Information in the Whois within seven (7) days of such change.
4.3
Failure to Comply.
DOMAINPEOPLE RESERVES THE RIGHT TO TAKE ENFORCEMENT
AND/OR OTHER MEASURES AGAINST YOU AND YOUR REGISTRATION BASED ON WRITTEN
COMPLAINTS FROM THIRD PARTIES ALLEGING FALSE AND/OR INACCURATE WHOIS DATA.
WITHOUT LIMITING THE SCOPE OF DOMAINPEOPLE‟S RIGHTS, SUCH ENFORCEMENT
MEASURES INCLUDE SUSPENSION OR TERMINATION OF YOUR REGISTRATION. YOU
ACKNOWLEDGE THAT IF YOU WILLFULLY PROVIDE ANY INACCURATE OR UNRELIABLE
INFORMATION, FAIL TO UPDATE INFORMATION WITHIN SEVEN (7) DAYS OF ANY CHANGE,
OR FAIL TO RESPOND TO AN INQUIRY BY DOMAINPEOPLE REGARDING THE ACCURACY OF
YOUR REGISTRANT INFORMATION WITHIN FIFTEEN (15) DAYS, YOU SHALL BE IN
MATERIAL BREACH OF THIS AGREEMENT, WHICH SHALL BE SUFFICIENT CAUSE FOR
SUSPENSION OR TERMINATION OF YOUR REGISTRATION. YOU FURTHER AGREE THAT
YOUR FAILURE TO RESPOND FOR OVER 15 DAYS TO INQUIRIES MADE BY DOMAINPEOPLE
(TO THE E-MAIL ADDRESS OF YOUR ADMINISTRATIVE, BILLING, OR TECHNICAL CONTACT
THEN APPEARING IN THE WHOIS DIRECTORY) CONCERNING THE ACCURACY OF ANY
INFORMATION RELATING TO YOUR REGISTRATION SHALL CONSTITUTE A MATERIAL
BREACH OF THIS AGREEMENT, WHICH SHALL BE SUFFICIENT CAUSE FOR IMMEDIATE
TERMINATION OF YOUR REGISTRATION.
4.4
Additional Information. In addition to the information you are required to provide, you
agree that DomainPeople may record other information related to your Registration, which
may include any or all of the following:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
The original creation date of the Registration;
The submission date and time of the Registration Order (from you to DomainPeople
and from DomainPeople to the applicable Registry);
Communications related to the DNR Services;
Records of account for your Registration, including dates and amounts of all
payments and related transactions;
The expiration date of the Registration;
Any other information relating to your Registration or other DNR Services.
4.5
Third Party Information. If you provide information about a third party, you hereby
represent that you shall have (i) provided prior written notice to the third party of the
disclosure and use of that party‟s information, (ii) provided the third party with the same
data processing notices that DomainPeople provides under this Agreement, and (iii)
obtained the third party‟s express prior written consent to the disclosure and use of that
party‟s information.
4.6
Disclosure & Use.
You agree to DomainPeople making your Registrant Information
(including any update thereto) available to ICANN and the applicable Registry, and their
respective designees and agents, and to any other third party as ICANN and applicable laws
may require or permit, whether during or after the term of your Registration. You
understand and acknowledge that DomainPeople is obligated by ICANN to escrow your
Registrant Information with an ICANN accredited data escrow agent, and you agree to such
use and disclosure. You further agree to DomainPeople making public, or making directly
available to third party vendors, some or all of your Registrant Information for purposes of
inspection (such as through DomainPeople‟s Whois service) or for targeted marketing and
other purposes as required or permitted by ICANN and applicable laws. DomainPeople
agrees not to process your Registrant Information in a way incompatible with the purposes
and limitations set forth in herein. DomainPeople shall comply with applicable privacy laws
in its collection, maintenance, and use of your personal information, and DomainPeople
agrees to take reasonable precautions to protect your personal information from loss,
misuse, unauthorized access or disclosure, alteration, or destruction.
4.7
Ownership of Data. You agree that DomainPeople owns all databases, compilations,
collective and similar rights, titles, and interests worldwide in DomainPeople‟s Domain
database (the “Database”), and all information and derivative works generated from the
Database. You further agree that DomainPeople owns the following information for those
Registrations for which DomainPeople is the Registrar:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
(vii)
The original creation date of the Registration;
The submission date and time of the Registration Order (from you to DomainPeople
and from DomainPeople to the applicable Registry);
Communications related to the DNR Services;
Records of account for your Registration, including dates and amounts of all
payments and related transactions;
The expiration date of the Registration;
Any other information relating to your Registration or other DNR Services;
The full legal name, mailing address, e-mail address, phone number, and fax
number (if available) of the administrative, technical, and billing contacts for the
Domain.
4.8
ICANN Requirements. You agree that ICANN may establish guidelines, limits, requirements,
Specifications or Policies that relate to the amount and type of information that
DomainPeople may or must make available to the public or to private entities, and the
manner in which such information is made available. You also agree and consent to any
and all such disclosures, uses, guidelines, limits, and restrictions relating to your Registrant
Information (including, any and all updates to such information), whether during or after
the term of your Registration. You hereby irrevocably waive any and all claims and causes
of action you may have arising from such disclosure or use of your Registrant Information
by DomainPeople.
4.9
Access. You may access your Registrant Information, which is in DomainPeople‟s
possession, to review, modify, or update such information. You can access your Registrant
Information by accessing DomainPeople‟s online account management forms, or similar
service, made available at DomainPeople‟s Web site (http://www.domainpeople.com). You
agree that DomainPeople may require documentation satisfactory to DomainPeople
evidencing your identity for the purpose of retrieving your information (including driver‟s
license, passport or other government issued photo identification). You agree to provide
such documentation as necessary and you further agree that your inability to provide
proper identification (such as your username and password) may result in your loss of the
Domain.
5.
FEES & PAYMENT
5.1
Retail Fees. If you are ordering services directly through the DomainPeople.com retail
service, you will be charged the fees per domain name product as listed on our website at
http://www.domainpeople.com/domain-names/pricing.html.
5.2
Payment Obligation. You are responsible for paying all fees associated with the DNR
Services that DomainPeople charges you. DomainPeople reserves the right to refuse
Registration of the Domain(s) submitted in your Registration Order if you have not provided
actual payment for the Registration. Payments are always to be in advance and not in
arrears.
5.3
Fee Amendments. DomainPeople reserves the right to amend the fees for any or all of the
DNR Services at any time and at its sole discretion. Fee changes shall not be retroactively
applied to Registrations.
5.4
Non-Refundable. You agree that all fees for DNR Services are non-refundable, in whole or
in part, even if your Registration is suspended, terminated, or transferred to a different
Registrar prior to the end of your Registration term.
5.5
Charge Backs. If a credit card company executes a charge back on your credit card
payment for any of the DNR Services (or similar action by another payment provider
approved by DomainPeople), you agree that DomainPeople shall have the right to refuse
registration of the Domain, take over control and/or ownership of the Domain, or otherwise
make the Domain available to the public, and you shall not make any complaint, claim or
challenge against DomainPeople thereto.. You also agree that DomainPeople reserves all
rights regarding such Domains including, without limitation, the right to make the Domains
available to other parties for purchase. DomainPeople may reinstate your Registration at
DomainPeople‟s sole discretion and, subject to DomainPeople‟s receipt of the initial
Registration or renewal fee and DomainPeople‟s then current reinstatement fee.
5.6
Renewals. YOU AGREE THAT FAILURE TO PAY FOR A RENEWAL SHALL RESULT IN THE
EXPIRATION OF YOUR REGISTRATION, THUS DISABLING ANY WEBSITE YOU MAY HAVE
RESOLVING TO SUCH DOMAIN, AND THE FORFEITURE OF YOUR RIGHTS AND OWNERSHIP
IN THE DOMAIN. UPON EXPIRATION OF A REGISTRATION, DOMAINPEOPLE SHALL HAVE
THE RIGHT TO DELETE THE DOMAIN, TAKE OVER CONTROL AND/OR OWNERSHIP OF THE
DOMAIN, OR OTHERWISE MAKE THE DOMAIN AVAILABLE TO THE PUBLIC AND YOU SHALL
NOT MAKE ANY COMPLAINT, CLAIM OR CHALLENGE AGAINST DOMAINPEOPLE THERETO.
5.7
Outstanding Fees. You are responsible for the full and prompt payment of all outstanding
fees and/or charges, notwithstanding the termination or expiration of this Agreement or
your Registration for any reason.
5.8
Withholding Domains. You
thus preventing you from
DomainPeople, if you have
DomainPeople shall have no
Domain.
5.9
Other Services. You understand and acknowledge that any other added services related to
your Domain that you subscribe for (including Web hosting services) are completely
separate, and thus billed separately, from the DNR Services and that subscription, payment
or cancellation of one does not constitute subscription, payment or cancellation of any other.
6.
EXPIRATION OF REGISTRATION
6.1
Name Servers & IP Addresses. After expiration of the Registration term, you agree that
DomainPeople may direct the Domain to name servers and IP address(es) designated by
DomainPeople, including no IP address or to IP address(es) that host parking pages or
commercial search engines that may display advertisements. You further agree that
DomainPeople may either leave your Whois information as is or change the Whois
information for the Domain so that you are no longer the Registrant of record.
6.2
Grace Periods. After expiration of your Registration, you acknowledge that DomainPeople
and/or the relevant Registry may each separately provide procedures or grace periods
during which expired Registrations may be renewed. You agree that you assume all risks
and all consequences, including but not limited to the loss of the Domain, if you wait until
close to or after the end of a Registration term to attempt to renew the Registration. You
further agree that DomainPeople may, at its sole discretion, choose not to participate in a
post-expiration Renewal. You acknowledge that post-expiration Renewals or redemption
processes, if any, may involve additional fees. Notwithstanding anything to the contrary,
you agree that expired Domains may be made available to be registered or renewed to any
party.
6.3
Post-Expiration Rights. After expiration of your Registration, you agree that DomainPeople
may (i) delete the Domain, (ii) pay the Registry's Registration fee or otherwise continue the
Registration, (iii) list DomainPeople or a third party as the Registrant, (iv) direct the
Domain to the name server(s) and IP address(es) designated by DomainPeople, and/or (v)
put the Domain up for auction or otherwise sell the Domain. If DomainPeople is named as
the Registrant for the Domain after expiration of the Registration, then DomainPeople may,
at its sole discretion, provide you with the ability to redeem the Domain for a period not
exceeding 27 days in exchange for a redemption fee charged by DomainPeople at its sole
reasonable discretion.
7.
OTHER DNR-RELATED SERVICES
agree that your Web host may place a hold on your Domain,
transferring the Domain away from the Web host and/or
outstanding unpaid fees related to your Web host‟s services.
obligation whatsoever to attempt to override such hold on your
7.1
Third Party Providers. You agree that certain DNR Services may be provided by third party
providers of DomainPeople and that your use of such DNR Services may be subject to
further agreements, policies, terms, and conditions in addition to those contained or
referenced in this Agreement.
7.2
Proxy Services. For DNR Services where a third party provider of DomainPeople is named
in your place (“Proxy Services”), you agree that if DomainPeople or the third party provider
of DomainPeople does not receive a response to a communication sent to you within 48
hours of such communication being sent, then the sender of such communication (either
DomainPeople or the third party provider) may, at its sole discretion, suspend or terminate
its provision of the Proxy Services. You further agree that if DomainPeople provides the
Proxy Services, and DomainPeople receives an order from an authoritative body or court of
competent jurisdiction to disclose your information as registered in DomainPeople‟s records,
DomainPeople reserves the right to suspend or terminate its provision of the Proxy Services
and disclose your information as requested. If the Proxy Services are suspended under this
section, DomainPeople also reserves the right to also suspend or terminate the DNR
Services entirely.
7.3
Free DNR Services. In consideration for providing additional optional DNR Services for
which DomainPeople does not charge additional fees (including URL forwarding, e-mail
forwarding or parking page), you agree that DomainPeople may display advertising in
conjunction with the free DNR Services through the use of links, pop-up or pop-under
browser windows, banner advertisements, audio or video streams, appendices to e-mails,
or other similar advertising means, and that DomainPeople may aggregate related usage
data by means of cookies and other similar means. You further agree that such advertising
may be for or include DomainPeople's Web site, DomainPeople‟s products and services,
third party Web sites, third party products and services, and/or commercial search engines.
DomainPeople reserves the right to change the content and/or appearance of, or disable,
such advertising at any time, at DomainPeople‟s sole discretion, and without prior notice to
you. From time to time, DomainPeople may provide you with free or low-cost Domains, in
which case such Domains shall be placed in the same account as your other Domain(s) and
you shall be listed as the Registrant, although DomainPeople may point the free or low-cost
Domains to any IP address it chooses. If you wish to assume control over such Domains,
then you must pay the promotional Registration fee or Renewal fee, as applicable, and
agree to the terms of this Agreement with respect to such Domains. If you do not want the
free or low-cost Domains, then you may request that you be removed as the Registrant and
DomainPeople or a third party designated by DomainPeople shall be listed as the new
Registrant.
8.
INTELLECTUAL PROPERTY
You shall not, at any time during or after the expiration or termination of this Agreement, assert or
claim any interest in, or do anything that may adversely affect the validity of, the DP Intellectual
Property (including, but not limited to, registering or attempting to register any of DomainPeople‟s
trademarks or marks confusingly similar thereto). DomainPeople shall at all times retain sole and
exclusive right, title and ownership in and to all of the DP Intellectual Property.
9.
INDEMNITY
You agree to protect, defend, hold harmless, and indemnify DomainPeople, any third party related
to DomainPeople or the DNR Services (including, ICANN, the applicable Registry and its third party
providers, DomainPeople‟s third party providers), and each of their respective directors, officers,
managers, employees, contractors, agents, and Affiliates from and against any and all liabilities,
losses, judgments, damages, claims, causes of actions, costs, and expenses (including but not
limited to all reasonable legal fees and expenses) arising out of, related to, or resulting from the
Registration or your use the DNR Services. This indemnification is in addition to any indemnification
required under the applicable Domain dispute policy. This indemnification obligation shall survive
the termination or expiration of this Agreement for whatever reason.
10.
DISCLAIMER
DomainPeople makes no warranty of any kind, either express or implied, regarding the quality,
accuracy, reliability, or validity of the applications, software, data, or information related to
DomainPeople‟s network, systems, or other DNR Services. DomainPeople provides all DNR Services
“as is” and specifically disclaims all warranties of merchantability and fitness for a particular purpose.
You understand, acknowledge, and agree that you shall use the DNR Services, and all aspects
thereto, at your sole risk. DomainPeople shall not be liable to you or any third party for any loss or
damage that may occur because of any (i) loss of Registration or Domain, (ii) access delay or
access interruption to DomainPeople‟s Domain registration system, (iii) non-delivery or mis-delivery
of data, (iv) processing of your Registration Order, (v) suspension or termination of your
Registration, application of any Domain dispute policy, or (vi) expiration or non-renewal of your
Registration. Furthermore, DomainPeople shall not be liable for delays in its performance of this
Agreement caused by circumstances beyond its reasonable control (“Force Majeure”), including acts
of God, wars, riots, national disasters, shortages of labor or materials, labor disputes, transportation
problems, accidents or governmental restrictions. This disclaimer shall survive the expiration or
termination of this Agreement for whatever reason.
11.
LIMITATION OF LIABILITY
Under no circumstances shall DomainPeople be liable to you or to any third party for any
consequential, indirect, special, incidental, reliance, exemplary, or punitive damages arising out of
or relating to this Agreement or the DNR Services, whether foreseeable or not, and whether based
on breach of any express or implied warranty, breach of contract, misrepresentation, negligence,
strict liability in tort, or other cause of action (including, damages for loss of data, goodwill,
reputation, business, money, or opportunity), even if DomainPeople has been advised of the
possibility of such damages. Under no circumstances shall DomainPeople‟s aggregate liability to
you or any third party arising out of or related to this Agreement or DNR Services exceed the
aggregate amount of fees paid hereunder regardless of the cause of action. For the purposes of this
limitation of liability, “DomainPeople” includes any third party related to DomainPeople or the DNR
Services (including, ICANN, the applicable Registry, DomainPeople‟s third party providers), and each
of their respective directors, officers, managers, employees, contractors, agents, and Affiliates.
This limitation of liability shall survive the expiration or termination of this Agreement for whatever
reason.
12.
REPRESENTATIONS & WARRANTIES
12.1
Infringement. You represent, warrant, and agree that you hold the necessary rights to use
or permit to use any item, word, or term submitted through the DNR Services, and that
such use shall not in any way to the best of your knowledge and belief:
(i)
(ii)
(iii)
(iv)
(v)
(vi)
12.2
violate or potentially violate any right of any third party, including infringement or
misappropriation of any copyright, patent, trademark, trade secret, or other
proprietary right;
constitute or potentially constitute violations, such as, without limitation, false
advertisement, unfair competition, defamation, invasion of privacy, invasion of
rights, and discrimination;
cause or potentially cause a business dispute, personal dispute, or any other
dispute;
be or potentially be unlawful, harmful, fraudulent, libelous, slanderous, threatening,
abusive, harassing, defamatory, vulgar, obscene, profane, hateful, or otherwise
offensive;
be or potentially be racially, ethnically, or ethically objectionable; or
constitute a criminal offense, give rise to civil liability, or otherwise violate any
applicable law, including local, provincial, state, national, international, or other
laws.
Registration Information. You represent and warrant that all information provided by you
in connection with your Registration is, and shall at all times be, true, current, correct, and
complete at all times.
13.
REVOCATION
13.1
By DomainPeople. DomainPeople reserves the right to immediately suspend, terminate,
transfer, or modify your Registration for any reason, including (i) your breach of this
Agreement, (ii) your use of the DNR Services in a manner that is in contradiction of
applicable laws or customarily acceptable usage policies of the Internet industry, including
sending mass unsolicited commercial advertisements or otherwise spamming, making or
sending threats, harassments or obscenities, (iii) your use of the DNR Services in
connection with unethical activity, (iv) DomainPeople‟s receipt of a an order from a court of
competent jurisdiction or an arbitration award, or (iv) any other grounds that is determined
by DomainPeople at its sole reasonable discretion. You agree that you shall not receive any
refund whatsoever for any such suspension, termination, transfer, or modification to your
Registration.
13.2
By ICANN, Registry, or other Registrar. You agree that your Registration is subject to
suspension, termination, transfer, or modification by (i) any ICANN adopted specification,
policy, or procedure, (ii) any Registry procedure not inconsistent with an ICANN adopted
specification or policy, or (iii) DomainPeople for reasons including correcting mistakes by
the Registrar or Registry in registering the Domain or for the resolution of disputes
concerning the Domain.
14.
NOTICES
You agree that any notice required to be given under this Agreement by DomainPeople to you shall
be deemed to have been given if delivered to the contact information contained in the Whois at the
time the notice is sent.
15.
DISPUTE RESOLUTION
Any and all claims or disputes arising out of or relating in any way to this Agreement, the
relationship of the parties under the Agreement, or the DNR Services provided under this
Agreement (including but not limited to requests for specific performance) shall be submitted to
mandatory binding arbitration. The arbitration shall be administered by the American Arbitration
Association (“AAA”) and conducted pursuant to the AAA‟s then current Commercial Arbitration Rule
(the “Rules”). The arbitration hearing shall be conducted in the English language and shall take
place in Chicago, Illinois before a single arbitrator selected in accordance with the Rules. The
parties shall each bear the costs of the arbitration in equal shares. The parties shall also bear their
own legal fees (including but not limited to attorneys‟ fees) in connection with the arbitration, and
the arbitrator(s) may not reallocate the legal fees in conjunction with their award. Any award
rendered by the arbitrator shall be confirmed in a state or federal court of competent jurisdiction in
Chicago, Illinois and each party hereby irrevocably submits and consents to, and waives any
objection to, personal jurisdiction and venue in such court.
16.
MISCELLANEOUS
16.1
Complete Agreement. This Agreement includes the attached Exhibits and Schedules, any
amendments as authorized herein, and all other agreements, policies, and documents
incorporated into this Agreement by specific reference herein. This Agreement constitutes
the complete agreement between you and DomainPeople relating to the subject matter
hereof and supersedes all prior and other understandings, representations, warranties, and
agreements relating hereto – whether verbal, written, or otherwise.
16.2
Amendments. You may not amend this Agreement except with a written instrument
executed by an authorized signatory of DomainPeople.
16.3
Governing Law and Jurisdiction. This Agreement shall be governed and construed in
accordance with the laws of the State of Illinois without giving effect to any rule of conflicts
of law. Any action or proceeding seeking to enforce any provision of, or based on any right
arising out of this Agreement may be brought against either of the parties only in the courts
of: (i) the state of DomainPeople‟s principal place of business; or (ii) the state of your
principal place of business. Each of the parties consents to the exclusive jurisdiction of
such courts (and the appropriate appellate courts) in any such action or proceeding and
waives any objection to venue laid therein. This Agreement shall not be governed by or
construed in accordance with the United Nations Convention on Contracts for the
International Sale of Goods.
16.4
Relationship of the Parties. Nothing in this Agreement shall be construed as creating a
relationship of employer and employee, principal and agent, partnership or joint venture
between you and DomainPeople. You shall be deemed an independent contractor at all
times and shall have no right or authority to assume or create any obligation on behalf of
DomainPeople, and vice versa, except as may be expressly provided herein.
16.5
No 3rd Party Beneficiaries. Except as otherwise specifically stated herein, this Agreement is
for the sole benefit of you and DomainPeople, and does not create any rights on the part of
any third party (including your customers, Licensees, business partners), and you shall not
commit any act that would give rise to any such third party rights.
16.6
Severability. If any portion of this Agreement is held by a court of competent jurisdiction to
be illegal, invalid or unenforceable for any reason, such illegality, invalidity or
unenforceability shall not affect the validity of the remainder of this Agreement.
16.7
Waiver. Any waiver by DomainPeople of a breach of any provision hereof shall take effect
or be binding upon DomainPeople only if expressly waived in writing signed by an
authorized signatory of DomainPeople, and such waiver shall extend and apply only to the
particular breach so waived and shall not limit or affect DomainPeople‟s rights in respect of
any future breach or in respect of any breach of any other provision hereof.
16.8
Assignment. You may not assign or otherwise transfer your respective rights or obligations
under this Agreement without the prior written consent of DomainPeople signed by an
authorized signatory of DomainPeople. Any assignment or transfer in violation of this
Agreement shall have no effect. This Agreement shall be binding and have effect upon the
you and DomainPeople and their respective successors and permitted assigns.
17.
CONSTRUCTION & INTERPRETATION
17.1
Reference to Agreement Parts. All references in this Agreement to particular Sections,
Titles, and Schedules shall be references to the Section, Titles, and Schedules of this
Agreement only – unless specific reference is made otherwise.
17.2
Reference to Entire Agreement. The words “herein”, “hereof”, “hereto”, and “hereunder”
and words of similar meaning shall refer to this Agreement in its entirety and not to any
particular provision of this Agreement.
17.3.
Without Limitation. The word “including” shall not be construed in any way to limit the
scope of the term that it reference but shall be construed to mean “including, but not
limited to.”
17.4
Gender & Plural/Singular. Wherever in this Agreement that the masculine, feminine or
neutral gender is used, it shall be construed as including all genders, and wherever the
singular is used, it shall be deemed to include the plural and vice versa – where the context
so requires.
17.5
Translations. This Agreement is executed in the English language. If there is any
discrepancy or conflict between the English version and a version in any other language,
then the English version shall be controlling in all respects.
17.6
Contra Proferentum. Any rule of construction to the effect that any ambiguity is to be
resolved against the drafting party shall not be applicable in the interpretation of this
Agreement.
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EXHIBIT „A‟
UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY
Any dispute regarding the right to use your Domain shall be subject to the Uniform Domain Name
Dispute Policy (“UDRP”) set forth by ICANN (the details of which are available online at
http://www.icann.org/en/dndr/udrp/policy.htm). You agree to protect, defend, hold harmless, and
indemnify DomainPeople, and DomainPeople's executives, directors, officers, managers, employees,
consultants, and agents, from and against any and all liabilities, losses, costs, judgments, damages,
claims, or causes of actions, including, without limitation, any and all legal fees and expenses
arising out of or resulting from any and all dispute resolution proceedings. ICANN may modify the
UDRP in its sole discretion at any time with or without notice to you or DomainPeople. Your
continued Registration of your Domain after modifications to the UDRP become effective constitutes
your acceptance of those modifications. If you do not agree to such modifications, you may request
that your Domain be deleted.
You agree that you shall be subject to the provisions specified in the UDRP in effect at the time your
Domain is challenged by a third party. You also agree that in the event a Domain dispute arises with
any third party, you shall protect, defend, hold harmless, and indemnify DomainPeople, and
DomainPeople's executives, directors, officers, managers, employees, consultants, and agents, from
and against any and all liabilities, losses, costs, judgments, damages, claims, or causes of actions,
including, without limitation, any and all legal fees and expenses arising out of or resulting from any
and all dispute resolution proceedings.
1. PURPOSE
This UDRP has been adopted by ICANN, and sets forth the terms and conditions in connection with
any dispute between you and any party other than DomainPeople (the "Registrar") over the
Registration and use of a Domain registered by you. Proceedings under the UDRP shall be
conducted according to the Rules for Uniform Domain Dispute Resolution Policy (the "Rules of
Procedure"), which are available at http://www.icann.org/en/dndr/udrp/uniform-rules.htm, and the
selected administrative-dispute-resolution service provider's supplemental rules.
2. YOUR REPRESENTATIONS
By applying to register a Domain, or by asking DomainPeople to maintain or renew a Registration,
you hereby represent and warrant to us that (a) the statements that you made in your Registration
Order and Registration are complete, current, and accurate; (b) to your knowledge, the Registration
and use of the Domain shall not infringe upon or otherwise violate the rights of any third party; (c)
you are not registering the Domain for an unlawful purpose; and (d) you shall not knowingly use
the Domain for any unlawful purpose or in violation of any applicable law or regulation. It is your
sole responsibility to determine whether your Registration infringes or violates someone else's rights.
3. CANCELLATIONS, TRANSFERS, & CHANGES
We shall cancel, transfer, or otherwise modify Registrations under the following circumstances:
a. Subject to the provisions of section 8 of this Exhibit 1, our receipt of written or appropriate
electronic instructions from you or your authorized agent to take such action;
b. Our receipt of an order from a court or arbitral tribunal, in each case of competent jurisdiction,
requiring such action; and/or
c. Our receipt of a decision of an administrative panel requiring such action in any administrative
proceeding to which you were a party and which was conducted under the UDRP or any later
version of the UDRP adopted by ICANN. (See sections 4(i)&(k) below.)
DomainPeople may also cancel, transfer or otherwise make changes to a Registration in accordance
with the terms of your Registration Agreement or other legal requirements.
4. MANDATORY ADMINISTRATIVE PROCEEDING
This Paragraph sets forth the type of disputes for which you are required to submit to a mandatory
administrative proceeding. These proceedings shall be conducted before one of the administrativedispute-resolution service providers listed at http://www.icann.org/udrp/approved-providers.htm
(each, a “Provider”).
a. Applicable Disputes. You are required to submit to a mandatory administrative proceeding in
the event that a third party (“Complainant”) asserts to the applicable Provider, in compliance with
the Rules of Procedure, that:
(i) your Domain is identical or confusingly similar to a trademark or service mark in which the
complainant has rights; and
(ii) you have no rights or legitimate interests in respect of the Domain; and
(iii) your Domain has been registered and is being used in bad faith.
In the administrative proceeding, the Complainant must prove that each of these three elements
are present.
b. Evidence of Registration & Use in Bad Faith. For the purposes of section 4.a.(iii), the
following circumstances (in particular, but without limitation) shall be evidence of the Registration
and use of a Domain in bad faith, if they are found by the panel (“Administrative Panel”) that shall
decide the dispute to be present:
(i) circumstances indicating that you have registered or you have acquired the Domain
primarily for the purpose of selling, renting, or otherwise transferring the Registration to
the Complainant who is the owner of the trademark or service mark, or to a competitor of
that Complainant, for valuable consideration in excess of your documented out-of-pocket
costs directly related to the Domain; or
(ii) you have registered the Domain in order to prevent the owner of the trademark or service
mark from reflecting the mark in a corresponding Domain, provided that you have engaged
in a pattern of such conduct; or
(iii) you have registered the Domain primarily for the purpose of disrupting the business of a
competitor; or
(iv) by using the Domain, you have intentionally attempted to attract, for commercial gain,
Internet users to your web site or other on-line location, by creating a likelihood of
confusion with the Complainant‟s mark as to the source, sponsorship, affiliation, or
endorsement of your web site or location, or of a product or service on your web site or
location.
c. Demonstrating Rights to & Legitimate Interests in the Domain in Responding to a
Complaint. When you receive a complaint, you should refer to paragraph 5 of the Rules of
Procedure in determining how your response should be prepared. Any of the following
circumstances (in particular, but without limitation) shall demonstrate your rights or legitimate
interests to the Domain for purposes of Paragraph 4(a)(ii), if found by the Administrative Panel to
be proved based on its evaluation of all evidence presented:
(i) before any notice to you of the dispute, your use of, or demonstrable preparations to use,
the Domain or a name corresponding to the Domain in connection with a bona fide offering
of goods or services; or
(ii) you (as an individual, business, or other organization) have been commonly known by the
Domain, even if you have acquired no trademark or service mark rights; or
(iii) you are making a legitimate non-commercial or fair use of the Domain, without intent for
commercial gain to misleadingly divert consumers or to tarnish the trademark or service
mark at issue.
d. Selection of Provider. The Complainant shall select the Provider from among those approved
by ICANN by submitting the complaint to that Provider. The selected Provider shall administer the
proceeding, except in cases of consolidation as described in section 4.f.
e. Initiation of Proceeding & Process & Appointment of Administrative Panel. The Rules of
Procedure state the process for initiating and conducting a proceeding and for appointing the
Administrative Panel.
f. Consolidation. In the event of multiple disputes between you and a Complainant, either you or
the Complainant may petition to consolidate the disputes before a single Administrative Panel. This
petition shall be made to the first Administrative Panel appointed to hear a pending dispute between
the parties. This Administrative Panel may consolidate any or all such disputes in its sole discretion,
provided that the disputes being consolidated are governed by the UDRP or a later version of the
UDRP adopted by ICANN.
g. Fees. All fees charged by a Provider in connection with any dispute before an Administrative
Panel pursuant to the UDRP shall be paid by the Complainant, except in cases where you elect to
expand the Administrative Panel from one (1) to three (3) panelists as provided in Paragraph
5(b)(iv) of the Rules of Procedure, in which case all fees shall be split evenly by you and the
complainant.
h. DomainPeople’s Involvement in Administrative Proceedings. DomainPeople does not,
and shall not, participate in the administration or conduct of any proceeding before an
Administrative Panel. Moreover, DomainPeople shall not be liable as a result of any decision
rendered by the Administrative Panel.
i. Remedies. The remedies available to a Complainant pursuant to any proceeding before an
Administrative Panel shall be limited to requiring the cancellation of your Domain or the transfer of
your Registration to the complainant.
j. Notification & Publication. The Provider shall notify DomainPeople of any decision made by an
Administrative Panel with respect to a Domain you have registered with DomainPeople. All
decisions under the UDRP shall be published in full over the Internet, except when an Administrative
Panel determines in an exceptional case to redact portions of its decision.
k. Availability of Court Proceedings. The mandatory administrative proceeding requirements
set forth in section 4 shall not prevent either you or the Complainant from submitting the dispute to
a court of competent jurisdiction for independent resolution before such mandatory administrative
proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides
that your Registration should be canceled or transferred, DomainPeople shall wait ten (10) business
days (as observed in the location of DomainPeople‟s principal office) after DomainPeople is informed
by the applicable Provider of the Administrative Panel‟s decision before implementing that
decision. We shall then implement the decision unless we have received from you during that ten
(10) business day period official documentation (such as a copy of a complaint, file-stamped by the
clerk of the court) that you have commenced a lawsuit against the Complainant in a jurisdiction to
which the Complainant has submitted under Paragraph 3(b)(xiii) of the Rules of Procedure. (In
general, that jurisdiction is either the location of DomainPeople‟s principal office or of your address
as shown in DomainPeople‟s Whois database. See Paragraphs 1 and 3(b)(xiii) of the Rules of
Procedure for details.) If DomainPeople receives such documentation within the ten (10) business
day period, DomainPeople shall not implement the Administrative Panel‟s decision, and
DomainPeople shall take no further action, until DomainPeople receives (i) evidence satisfactory to
DomainPeople of a resolution between the parties; (ii) evidence satisfactory to DomainPeople that
your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing
your lawsuit or ordering that you do not have the right to continue to use your Domain.
5. ALL OTHER DISPUTES & LITIGATION
All other disputes between you and any party, other than DomainPeople, regarding your
Registration that are not brought pursuant to the mandatory administrative proceeding provisions of
section 4 of Exhibit 1 shall be resolved between you and such other party through any court,
arbitration, or other proceeding that may be available.
6. DOMAINPEOPLE'S INVOLVEMENT IN DISPUTES
DomainPeople shall not participate in any way in any dispute between you and any party other than
DomainPeople regarding the Registration and use of your Domain. You shall not name
DomainPeople as a party or otherwise include DomainPeople in any such proceeding. In the event
that DomainPeople is named as a party in any such proceeding, DomainPeople reserves the right to
raise any and all defenses deemed appropriate, and to take any other action necessary to defend
DomainPeople.
7. MAINTAINING THE STATUS QUO
DomainPeople shall not cancel, transfer, activate, deactivate, or otherwise change the status of any
Registration under the UDRP except as provided in section 3 of this Exhibit 1 or as otherwise
provided in the Rules of Procedure.
8. TRANSFERS DURING A DISPUTE
a. Transfers of a Domain to a New Holder. You may not transfer your Registration to another
holder (i) during a pending administrative proceeding brought under the UDRP or for a period of
fifteen (15) business days (as observed in the location of DomainPeople‟s principal place of
business) after such proceeding is concluded; or (ii) during a pending court proceeding or
arbitration commenced regarding your Domain unless the party to whom the Registration is being
transferred agrees, in writing, to be bound by the decision of the court or arbitrator. DomainPeople
reserves the right to cancel any transfer of a Registration to another holder that is made in violation
of this subsection 8.a.
b. Changing Registrars. You may not transfer your Registration to another registrar during a
pending administrative proceeding brought under the UDRP or for a period of fifteen (15) business
days (as observed in the location of DomainPeople‟s principal place of business) after such
proceeding is concluded. You may transfer administration of your Registration to another registrar
during a pending court action or arbitration, provided that the Domain you have registered with
DomainPeople shall continue to be subject to the proceedings commenced against you in
accordance with the terms of the UDRP. In the event that you transfer a Registration to
DomainPeople during the pendency of a court action or arbitration, such dispute shall remain
subject to the Domain dispute policy of the registrar from which the Registration was transferred.
9. POLICY MODIFICATIONS
You acknowledge that ICANN reserves the right to modify the UDRP and/or the Rules of Procedure
at any time with the permission of ICANN. DomainPeople shall be obligated to abide by the most
recent version of the UDRP and the Rules of Procedure as posted on ICANN‟s Web Site.
Notwithstanding the foregoing, the version of the Dispute Policy in effect at the time a submission of
a complaint to a Provider is first invoked shall apply to that dispute until the dispute is over. Once
the dispute is over, any and all subsequent updates or modifications shall be binding upon you with
respect to your Registration. In the event that you object to any change in this Dispute Policy, your
sole remedy is to cancel your Registration with DomainPeople, provided that you shall not be
entitled to any refund of any fees you paid to DomainPeople. The revised Dispute Policy shall apply
to you until you cancel your Registration.
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EXHIBIT „B‟
CHARTER ELIGIBILITY DISPUTE RESOLUTION POLICY
This Policy is incorporated in this agreement with registrants concerning domain-name registrations
in Sponsored TLDs (the "Registration Agreement"). "You" and "your" refer to the registrant. "Us"
"our" and "we" refer to DomainPeople, Inc.
1. Purpose. This Charter Eligibility Dispute Resolution Policy (the "Policy") is incorporated by
reference into your Registration Agreement, and sets forth the terms and conditions in connection
with disputes over the registration and use of an Internet domain name, registered by you in the
Sponsored TLD. The proceedings under Paragraph 4 of this Policy will be conducted according to the
Rules for Charter Eligibility Dispute Resolution Policy (the "CEDRP Rules"), which are available at
<URL to be specified by ICANN>, and the selected administrative dispute resolution service
provider's supplemental rules. For the purposes of this Policy, the term "Registered Name" means a
domain name registration in the Sponsored TLD.
2. Your Representations. By applying to register a domain name within the Sponsored TLD (a
"Registered Name"), or by asking us to maintain or renew a Registered Name, you hereby represent
and warrant to us that, to your knowledge, the registration of your Registered Name conforms to
the eligibility requirements set forth in the Sponsored TLD Charter (the "Eligibility Requirements").
3. Cancellations. We will cancel Registered Names upon our receipt of a decision of a CEDRP
Provider requiring such action in any administrative proceeding to which you were a party and
which was conducted under this Policy or a later version of this Policy. (See Paragraph 5(e) below.)
We may also cancel a Registered Name registration in accordance with the terms of your
Registration Agreement or other legal requirements.
4. Mandatory Administrative Proceeding. This paragraph sets forth the types of disputes for
which you are required to submit to a mandatory administrative proceeding under this Policy. These
proceedings will be conducted before a CEDRP Provider that has been approved by the Internet
Corporation for Assigned Names and Numbers ("ICANN"). A list of CEDRP Providers is available at
<www.icann.org/cedrp/approved-providers.htm>.
(a) Applicable Disputes. You are required to submit to a mandatory administrative proceeding in
the event that a third party (a "Complainant") asserts to the applicable CEDRP Provider, in
compliance with the CEDRP Rules that your Registered Name does not meet the Eligibility
Requirements; in the administrative proceeding, the Complainant must prove this element.
(b) Registered Name Disputes: Evidence of Registration in Violation of the Eligibility
Requirements. For the purposes of Paragraph 4(a), if the Panel of the CEDRP Provider finds that
your Registered Name does not meet the Eligibility Requirements, then such finding shall be
evidence that your Registered Name violated the Eligibility Requirements. If the Panel finds that
your Registered Name violated the Eligibility Requirements, the Panel shall exercise the remedy set
forth in Section 5(e).
(c) Registered Name Disputes: How to Demonstrate Your Rights to and Legitimate
Interests in the Registered Name in Responding to a Complaint. For the purposes of
Paragraph 4(a), when you receive a complaint, you should refer to the CEDRP Rules in determining
how your response should be prepared.
5. Procedure.
(a) Selection of CEDRP Provider. The Complainant shall select the CEDRP Provider from those on
the list of CEDRP Providers available at <www.icann.org/cedrp/approved-providers.htm> by
submitting the complaint to that CEDRP Provider. The selected CEDRP Provider will administer the
proceeding.
(b) Initiation of Proceeding and Process and Appointment of the Panel. The CEDRP Rules
state the process for initiating and conducting a proceeding and for appointing the panel that will
decide the dispute (the "Panel").
(c) Fees. All fees charged by a CEDRP Provider in connection with any dispute before a Panel shall
be paid in accordance with the CEDRP Rules.
(d) Our Involvement in Administrative Proceedings. We do not, and will not, participate in the
administration or conduct of any proceeding before a Panel. In addition, we will not be liable as a
result of any decisions rendered by the Panel.
(e) Remedy. The remedy available to a Complainant pursuant to any proceeding before a Panel
shall be limited to the cancellation of your Registered Name.
(f) Notification and Publication. The CEDRP Provider shall notify us and ICANN of any decision
made by a Panel with respect to a Registered Name. All decisions under this Policy will be published
in full over the Internet, except when a Panel determines in an exceptional case to redact portions
of its decision.
6. All Other Disputes and Litigation. All other disputes between you and any party other than us
regarding your Registered Name that are not brought pursuant to the mandatory administrative
proceeding provisions of Paragraph 4 shall be resolved between you and such other party through
any court, arbitration or other proceeding that may be available.
7. Our Involvement in Disputes. We will not participate in any way in any dispute between you
and any party other than us or the operator of the Sponsored TLD registry regarding the
registration and use of your Registered Name. You shall not name us as a party or otherwise include
us in any such proceeding. In the event that we are named as a party in any such proceeding, we
reserve the right to raise any and all defenses deemed appropriate, and to take any other action
necessary to defend ourselves.
8. Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise
change the status of any Registered Name under this Policy except as provided in Paragraph 3
above.
9. Changing Registrars During a Dispute. You may not transfer your Registered Name to
another registrar during a pending administrative proceeding brought pursuant to Paragraph 4 or
for a period of fifteen (15) business days (as observed in the location of our principal place of
business) after such proceeding is concluded.
10. Policy Modifications. We reserve the right to modify this Policy at any time with the
permission
of
ICANN.
We
will
post
our
revised
Policy
at
http://www.domainpeople.com/legal/registration-agreement.html at least thirty (30) calendar days
before it becomes effective. Unless this Policy has already been invoked by the submission of a
complaint to a CEDRP Provider, in which event the version of the Policy in effect at the time it was
invoked will apply to you until the dispute is over, all such changes will be binding upon you with
respect to any Registered Name dispute, whether the dispute arose before, on or after the effective
date of our change. In the event that you object to a change in this Policy, your sole remedy is to
cancel your Registered Name, provided that you will not be entitled to a refund of any fees you paid
to us. The revised Policy will apply to you until you cancel your Registered Name.
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SCHEDULE „1‟
PROVISIONS SPECIFIC TO “.CA” TLDs
The provisions of this Schedule is specific to the Internet .ca ccTLD domain name or sub domain
name, as well as your registration of that domain name. To complete the registration process for
a .ca ccTLD, you must also have read, understood, and agreed to be bound by all terms and
conditions of the Canadian Internet Registration Authority ("CIRA") dispute resolution policy (the
"Dispute Policy") that is incorporated herein and made a part of this Agreement by reference and
can be viewed on the CIRA website (www.cira.ca), and any rules or policies that are or may be
published by DomainPeople from time to time.
1. Company Abstract
DomainPeople is a certified registrar with CIRA for the .ca ccTLD. and has been granted full rights to
provide Internet domain registration services for second-level domain names and sub domain
names within the .ca top-level domain. CIRA oversees the domain name system management
for .ca ccTLD.
As a CIRA certified domain name registrar, DomainPeople is, upon accepting your domain name
registration application, your sponsor for that application. All domain name registrations
DomainPeople registers for .ca are not effective until DomainPeople has delivered the required
domain name registration information you provide DomainPeople to the CIRA for the .ca ccTLD, as
applicable, and CIRA for the .ca ccTLD (currently CIRA) puts into effect your domain name
registration. You agree and acknowledge that DomainPeople is not liable or responsible in any way
for any errors, omissions or any other actions by the CIRA arising out of or related to your
application and receipt of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless CIRA and DomainPeople and their
directors, officers, employees, and agents from and against any and all claims, damages, liabilities,
costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to,
your domain name registration.
2. Fees
You or the .ca Registrar Service Provider (RSP) on your behalf, will be responsible to pay for all fees
associated with domain name services provided by DomainPeople. You will be notified directly by
DomainPeople or your RSP when renewal fees are due, and it shall be your responsibility to ensure
that such fees are paid. Payment must be made by credit card or such other method as
DomainPeople may indicate in the registration renewal form. Should these fees go unpaid by the
time specified in the renewal notice, your registration will be cancelled. You agree that
DomainPeople shall have no liability whatsoever with respect to any such cancellation. All fees are
non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled
or transferred prior to the end of your then current registration term. DomainPeople reserves the
right to change fees, surcharges, renewal fees or to institute new fees at any time, for any reason,
at its sole discretion.
Your requested domain name will not be registered unless DomainPeople receives actual payment of
the registration fee, or reasonable assurance of payment of the registration fee from some other
entity (such reasonable assurance as determined by DomainPeople in its sole discretion).
In the event of a charge back by a credit card company (or similar action by another payment
provider allowed by us) in connection with the payments of the registration fee for your domain
name registration, you agree and acknowledge that the domain name registration shall be
transferred to DomainPeople as the paying entity for that registration to CIRA and that
DomainPeople reserves all rights regarding such domain name including, without limitation, the
right to make the domain name available to other parties for purchase. DomainPeople will reinstate
your domain name registration solely at its discretion, and subject to the receipt of the initial
registration or renewal fee and our then-current reinstatement fee. The reinstatement fee is
currently set at US$200.
3. Dispute Policy
You agree to be bound by any dispute resolutions which CIRA may adopt from time to time,
including but limited to the CIRA Dispute Policy. The CIRA Dispute Policy can be found at the CIRA
website http://www.cira.ca. Any disputes regarding the right to use your domain name will be
subject to the Dispute Policy. You agree to indemnify DomainPeople against all claims, demands,
and proceedings.
You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the
time your domain name is challenged by a third party. You also agree that in the event a domain
name dispute arises with any third party, you will indemnify and hold DomainPeople harmless
pursuant to the terms and conditions contained in the Dispute Policy.
4. Changes to Registration Agreement and Dispute Policy
You acknowledge and accept that the domain name system and the practice of registering and
administering domain names are evolving, and therefore you agree that DomainPeople may modify
this Agreement if necessary to comply with its obligations as required by CIRA, and any other
agreements that DomainPeople is currently bound by or will be bound by in the future, as well as to
adjust to changing business circumstances. Your continued use of the domain name registered to
you shall constitute your acceptance of this Agreement with the new modifications. If you do not
agree to any of such changes, you may request that your domain name registration be cancelled or
transferred to a different domain name registrar. You agree that such cancellation or request for
transfer will be your exclusive remedy if you do not wish to abide by any changes to this Agreement
or the Dispute Policy.
5. Domain Name Registration Information and Its Use
You acknowledge and agree that DomainPeople will make available domain name registration
information you provide or that DomainPeople otherwise maintains to CIRA, to the registry
administrator(s), and to other third parties as CIRA and applicable laws may require or permit. You
further agree and acknowledge that DomainPeople 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 for targeted marketing and other
purposes as required or permitted by CIRA and applicable laws.
Additionally, you acknowledge and accept that CIRA may establish guidelines, limits and/or
requirements that relate to the amount and type of information that DomainPeople may or must
make available to the public or to private entities, and the manner in which such informat ion is
made available.
You may access your domain name registration information in DomainPeople's possession to review,
modify or update such information, by accessing the DomainPeople Account Management online
forms, or similar service, made available at our Web site (http://www.domainpeople.ca).
DomainPeople will take reasonable precautions to protect the information it obtains from you from
DomainPeople's loss, misuse, unauthorized access or disclosure, alteration or destruction of that
information.
You agree and accept that you will not submit an application for registration or a domain name or
the renewal, transfer, modification or cancellation of a domain name registration or any other
request or transaction with respect to a domain name registration on behalf of a non-existent
individual, a corporation, a partnership, a trust, an unincorporated organization, association or club,
the government of a country or any political subdivision thereof, or any agency or department of
any such government, any of the individuals or entities listed in the Canadian Presence
Requirements for Registrants and the executors, administrators or other legal representatives of an
individual in any of such capacities ("Person") or on behalf of any Person which has not requested
that you make such application or request on behalf of such Person.
You agree and accept that you will not engage in any direct or indirect activity which is designed to
bring, or may have the effect of bringing, DomainPeople or CIRA into disrepute or which interferes
with DomainPeople or CIRA's operations.
6. Required CIRA Terms
(a) CIRA may, at its option, extend any period for the registration of a domain name at no charge to
you (the "Registrar") or DomainPeople for such further period of time as CIRA may determine, in its
sole discretion;
(b) The Registrant agrees that neither CIRA nor DomainPeople shall be liable to the Registrant for
any loss, damage or expense arising out of CIRA's failure or refusal to register a domain name,
CIRA's failure or refusal to renew a domain name registration, CIRA's registration of a domain name,
CIRA's failure or refusal to renew a domain name registration, CIRA's renewal of a domain name
registration, CIRA's failure or refusal to transfer a domain name registration, CIRA's transfer of a
domain name registration, CIRA's failure or refusal to maintain or modify a domain name
registration, CIRA's maintenance of a domain name registration, CIRA's modification of a domain
name registration, CIRA's failure to cancel a domain name registration or CIRA's cancellation of a
domain name registration from the registry;
(c) In no event shall the Registrant pursue any claim against CIRA or DomainPeople, and in no
event shall CIRA or DomainPeople be liable for any direct, indirect, special, punitive, exemplary or
consequential damages including but not limited to damages resulting from loss of use, lost profits,
lost business revenue or third party damages or arising from any breach by DomainPeople of its
obligations under any agreement between DomainPeople and the Registrant or the Registrar
Agreement between CIRA and DomainPeople (the "CIRA Registrar Agreement");
(d) Registration of the Registrant's selected domain name in its first application to CIRA shall not be
effective until the Registrant has entered into and agreed to be bound by CIRA's Registrant
Agreement. CIRA's Registrant Agreement is located on the CIRA website at http://www.cira.ca;
(e) DomainPeople shall immediately give notice to the Registrant in the event that DomainPeople is
no longer a CIRA certified registrar, has had its certification as a CIRA certified Registrar suspended
or terminated or the Registrar Agreement between CIRA and DomainPeople is terminated or expires.
CIRA may post notice of such suspension, termination or expiry on its website and may, if CIRA
deems appropriate, give notice to the Registrant thereof;
(f) In the event that DomainPeople is no longer a CIRA certified registrar, has had its certification as
a CIRA certified registrar suspended or terminated or in the event the Registrar Agreement between
CIRA and DomainPeople is terminated or expires, each Registrant shall be responsible for changing
its registrar of record to a new CIRA certified registrar within thirty (30) days of the earlier of notice
thereof being given to the Registrant by (i) DomainPeople or (ii) CIRA in accordance with CIRA's
then current Registration Rules; provided, however, that if any of the Registrant's domain name
registration(s) is scheduled to expire within thirty (30) days of the giving of such notice, then the
Registrant shall have thirty (30) days from the anniversary date of the registration(s), to register
with a new CIRA certified registrar and to renew such domain name registration(s) in accordance
with the CIRA Registration Rules;
(g) The Registrant acknowledges and agrees that, should there be insufficient funds prepaid by
DomainPeople in the CIRA Deposit Account to be applied in payment of any Fees, CIRA may in its
sole discretion stop accepting applications for domain name registrations from DomainPeople, stop
effecting registrations of domain names and transfers, renewals, modifications and cancellations of
domain name registrations requested by DomainPeople and stop performing other billable
transactions requested DomainPeople not paid in full and CIRA may terminate the CIRA Registrar
Agreement;
(h) The Registrant shall not, directly or indirectly, through registration or use of its domain name or
otherwise:
(i) violate or contribute to the violation of the intellectual property rights or other rights of
any other Person;
(ii) defame or contribute to the defamation of any other Person; or
(iii) unlawfully discriminate or contribute to the unlawful discrimination of any other Person;
(i) The Registrant agrees that CIRA shall not be responsible for the use of any domain name in the
Registry and that CIRA shall not be responsible in any way whatsoever for any conflict or dispute
with or any actual or threatened claim against a registrar or a registrant, including one relating to a
registered or unregistered trade-mark, a corporate, business or other trade-name, rights relating to
a name or other identifying indicium of an individual or any other intellectual property rights of a
third party or relating to the defamation of or unlawful discrimination with respect to any other
Person;
(j) CIRA shall have the right, at any time and from time to time, acting reasonably, to amend the
Registrar Agreement between CIRA and DomainPeople, including without limitation, the Certification
and Re-certification Requirements, the Registration Rules, the Fees and the other Rules and
Procedures and to adopt new Rules and Procedures not yet in effect. Any such amendment will be
binding and effective on DomainPeople thirty (30) days after CIRA gives notice of such amendment
by email to DomainPeople. DomainPeople and the Registrant agree to promptly amend the
agreement between DomainPeople and the Registrant to reflect any amendments to Section 4.2 of
the CIRA Registrar Agreement; and
(k) The Registrant acknowledges and agrees that registration of a domain name does not create any
proprietary right for any Registrant, DomainPeople or any other Person in the name used as a
domain name or the domain name registration and that the entry of a domain name in the Registry
or in the "WHOIS" look up system of the Registry shall not be construed as evidence or ownership
of the domain name registered as a domain name. The Registrant shall not in any way transfer or
purport to transfer a proprietary right in any domain name registration, or grant or purport to grant
as security or in any other manner encumber or purport to encumber a domain name registration.
7. Agents and Licenses
You agree that, if you are registering a domain name for someone else, you represent that you
have the authority to bind that person as a principal to all terms and conditions provided herein,
including the CIRA Dispute Policy.
You agree that if you license the use of the domain name registered to you to a third party, you
nonetheless remain the domain name holder of record, and remain responsible for all obligations
under this Agreement, including but not limited to payment obligations, and providing (and
updating, as necessary) both your own full contact information, and accurate administrative,
technical, and billing contact information adequate to facilitate timely resolution of any problems
that arise in connection with the domain name and domain name registration.
8. Breach and Revocation
DomainPeople reserves the right to suspend, cancel, transfer or modify your domain name
registration for reasons including but not limited to:
(a) your material breach of this Agreement (including the Dispute Policy) and not curing such
breach within thirty (30) days of notice by DomainPeople;
(b) your use of the domain name registered to you to send unsolicited commercial advertisements
in contradiction to either applicable laws or customary acceptable usage policies of the Internet;
(c) your use of your domain name in connection with unlawful activity; or
(d) grounds arise for such suspension, cancellation, transfer or other modification as provided for in
this Agreement.
You further acknowledge and agree that your registration of a domain name is subject to
suspension, cancellation or transfer by any CIRA procedure, by any registrar (including
DomainPeople) or registry administrator procedures approved by a CIRA-adopted policy, (i) to
correct mistakes by DomainPeople, another registrar or the registry administrator in administering
the name or (ii) for the resolution of disputes concerning the domain name.
You also agree that DomainPeople shall have the right in its sole discretion to suspend, cancel,
transfer or otherwise modify a domain name registration upon seven (7) calendar days prior written
notice, or at such time as DomainPeople receives a properly authenticated order from a court of
competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or
modification of the domain name registration.
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SCHEDULE „2‟
PROVISIONS SPECIFIC TO ".BIZ" TLDs
a. “.BIZ” Restrictions of Use. Registrations in the “.BIZ” TLD must be used or intended to be
used primarily for bona fide business or commercial purposes. For the purposes of the “.BIZ”
Registration restrictions, the “bona fide business or commercial purposes” shall mean the bona fide
use or bona fide intent to use the Domain or any content, software, materials, graphics, or other
information therein to permit Internet users to access one or more host computers through the
Domain Name System (“DNS”) to exchange, or facilitate the exchange of, goods, services,
information, or property of any kind, or to carry on in the ordinary course of trade or
business. Registering a Domain solely for the purposes of offering, selling, trading, or leasing the
Domain for compensation does not constitute a “bona fide business or commercial purpose” of that
Domain.
b. “.BIZ” Certification.
knowledge:
1.
2.
3.
4.
5.
As a “.BIZ” Registrant, you hereby certify that to the best of your
the Domain shall be used primarily for bona fide business or commercial purposes, where a
bona fide business use is one of the following:
(a) to exchange of goods, services, or property of any kind;
(b) in the ordinary course of trade or business; or
(c) to facilitate (i) the exchange of goods, services, information, or property of any
kind; or (ii) the ordinary course of trade or business;
the Domain shall not be used exclusively for personal use;
the Domain shall not be used solely for the purposes of offering, selling, trading, or leasing
the Domain for compensation;
the Registrant has the authority to enter into the Registration agreement; or
the Domain is reasonably related to the Registrant‟s business or intended commercial
purpose at the time of Registration.
c. Provision of Registration Data. As part of the Registration process, you are required to
provide us with certain information and to keep the information true, current, complete, and
accurate at all times. The information includes the following:
1.
2.
3.
4.
5.
6.
your full name;
your postal address;
your e-mail address;
your voice telephone number;
your fax number (if applicable);
the name of an authorized person for contact purposes in the case of a Registrant that is an
organization, association, or corporation;
7. the IP addresses of the primary nameserver and any secondary nameserver for the
Domain;
8. the corresponding names of the primary and secondary nameservers;
9. the full name, postal address, e-mail address, voice telephone number, and, when available,
fax number of the administrative, technical, and billing contacts, and the name holder for
the Domain; and
10. any remark concerning the Domain that should appear in the Whois directory.
You agree and understand that the foregoing Registration data shall be publicly available and
accessible on the Whois directory as required by ICANN and/or Registry policies, and may be sold in
bulk in accordance with the ICANN agreement.
d. Inaccurate or Unreliable Data. You hereby represent and warrant that the data provided in
the Registration Order is and shall continue to be true, current, complete, and accurate at all
times. The following shall constitute breach of this Agreement with regards to your provision of
information:
1.
2.
3.
Your provision of any false, outdated, incomplete, unreliable, or inaccurate information;
Your failure to promptly update any information provided to DomainPeople;
Your failure to respond, for over five (5) calendar days, to DomainPeople‟s inquiries
addressed to the e-mail address of the administrative, billing, or technical contact then
appearing in the Whois directory with respect to a Domain concerning the accuracy of
contact details associated with any Registration by or through you or your account.
Any information collected by us concerning an identified or identifiable natural person (“Personal
Data”) shall be used in connection with the Registration and for the purposes of this Agreement,
and as required or permitted by the ICANN agreement or any ICANN and/or Registry policies.
e. “.BIZ” Domain Dispute Policy. If you reserved or registered a “.BIZ” Domain through us, you
agree to be bound by the Dispute Policy contained in this Agreement. In addition, you hereby
acknowledge that you have read and understood and agree to be bound by the terms and
conditions of the following documents, as they may be amended from time to time, which are
hereby incorporated and made an integral part of this Agreement: (i) Uniform Domain D ispute
Resolution Policy (“UDRP”), available at http://www.icann.org/udrp/udrp.htm; and (ii) Restrictions
Dispute Resolution Policy (“RDRP”), available at http://www.neustarregistry.biz/node/51.
f. “UDRP”. The UDRP sets forth the terms and conditions in connection with a dispute between
Registrant and any party other than the Registry or registrar over the Registration and use of an
Internet Domain registered by you.
g. “RDRP”. The RDRP sets forth the terms and conditions under which any allegation that a
Domain is not used primarily for business or commercial purposes shall be enforced on a case-bycase and fact specific basis by an independent ICANN-accredited dispute provider. None of the
violations of the Registration restrictions shall be enforced directly by or through the Registry. The
Registry shall not review, monitor, or otherwise verify that any particular Domain is being used
primarily for business or commercial purposes or that a Domain is being used in compliance with
the SUDRP or UDRP processes.
h. Dispute Policy Modifications. You agree that DomainPeople, at DomainPeople‟s sole
discretion, may modify the Dispute Policy. DomainPeople shall post any such modification on the
DomainPeople‟s web site (the “Web Site”) at least thirty (30) calendar days before the modification
becomes effective. You agree that, by maintaining the reservation or Registration of your Domain
after modifications to the Dispute Policy become effective, you have agreed to these
modifications. If you do not agree to any such modification, you may terminate this
Agreement. We shall not refund any fee paid by you if you terminate this Agreement.
i. Domain Disputes. You agree that, if your use of the DNR Services is challenged by a third
party, you shall be subject to the provisions specified in the Dispute Policy in effect at the time of
the third party challenge. You agree that in the event a Domain dispute arises with any third party,
you shall indemnify and hold DomainPeople, and DomainPeople‟s executives, directors, officers,
managers, employees, consultants, and agents, harmless pursuant to this Agreement. If
DomainPeople is notified that a complaint has been filed with a judicial or administrative body
regarding your use of the DNR Services, you agree not to make any changes to your Domain record
without DomainPeople‟s prior approval. DomainPeople reserves the right to deny you permission to
make changes to such Domain record until (i) DomainPeople is directed to do so by the judicial or
administrative body, or (ii) DomainPeople receives notification by you and the other party
contesting your Registration and use of the DNR Services that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and
use of the DNR Services, we may deposit control of your Domain record into the Registry of the
judicial body by supplying a party with a registrar certificate from us.
j. Reservation of Rights. DomainPeople and the “.BIZ” Registry (NeuStar, Inc.) expressly
reserve the right to deny, cancel, transfer, or modify any Registration that DomainPeople or the
“.BIZ” Registry deems necessary, in its discretion, to protect the integrity and stability of the
Registry, to comply with any applicable laws, government rules, or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to avoid any liability, civil or
criminal, on the part of DomainPeople and/or NeuStar, Inc., as well as their affiliates, subsidiaries,
executives, directors, officers, managers, employees, consultants, and agents. DomainPeople and
NeuStar, Inc. also reserve the right to freeze a Domain during resolution of a dispute.
k. Registration Term.
Domains.
Registration terms range from two (2) to ten (10) years for “.BIZ”
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SCHEDULE „3‟
PROVISIONS SPECIFIC TO ".INFO" TLDs
In the case of a “.INFO” TLD Registration, the following additional terms and conditions shall apply:
a. Registrant’s Personal Data. You consent to the use, copying, distribution, publication,
modification, and other processing of Registrant‟s personal data by Afilias, the “.INFO” Registry, and
its designees and agents, in a manner consistent with the purposes specified pursuant to its
contract.
b. Submission to UDRP. Registrant agrees to submit to proceedings under ICANN's Uniform
Domain Dispute Policy (“UDRP”) and comply with the requirements set forth by Afilias for Domains
registered during the Sunrise Period, including the mandatory Sunrise Dispute Resolution
Policy. These policies are subject to modification.
c. Registration Information. Registrant agrees to immediately correct and update the Registrant
Information for the registered name during the Registration term. Failure to correct such
information shall constitute a breach of this Agreement.
d. Disclaimer of Liability. Registrant acknowledges that Afilias, the Registry for “.INFO”, shall
have no liability of any kind for any loss or liability resulting from the proceedings and processes
related to the Sunrise Period or the Land Rush Period, including, without limitation: (a) the ability or
inability of a Registrant to obtain a registered name during these periods, and (b) the results of any
dispute over a Sunrise Registration.
e. Reservation of Rights. Registrar and Afilias, the Registry for “.INFO”, expressly reserve the
right to deny, cancel, transfer, or modify any Registration that either registrar or Afilias deems
necessary, at its discretion, to protect the integrity and stability of the Registry, to comply with any
applicable law, any government rule or requirement, any request of law enforcement, any dispute
resolution process, or to avoid any liability, civil or criminal, on the part of the registrar and/or
Afilias, as well as their affiliates, subsidiaries, executives, directors, officers, managers, employees,
consultants, and agents. The registrar and Afilias also reserve the right to freeze a Domain during
resolution of a dispute.
f. Registration Term. Registration terms range from two (2) to ten (10) years for “.INFO”
Domains with the exception of “.INFO” Sunrise Domains, which have a registration range of five (5)
to ten (10) years.
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SCHEDULE „4‟
PROVISIONS SPECIFIC TO ".US" TLDs
In the case of a “.US” TLD Registration, the following additional terms and conditions apply shall:
a. Eligibility to Register. To be eligible to register a “.US” Domain, you must be a U.S. citizen or
resident, or a business or organization, including federal, state, and local government with a bona
fide presence in the U.S. Therefore, if you are registering a “.US” Domain, you certify and warrant
that you satisfy at least one of the following U.S. Nexus Requirements (“Nexus Requirements”):
1.
2.
3.
Category 1 – A natural person (1) who is a citizen or permanent resident of the U.S. or any
of its possessions or territories or (2) whose primary place of domicile is in the U.S. or any
of its possessions, or
Category 2 – Any entity or organization (1) that is incorporated within one of the fifty (50)
U.S. states, the District of Columbia, or any of the U.S. possessions or territories, or (2)
organized or otherwise constituted under the laws of a state of the U.S., the District of
Columbia, or any of its possessions or territories, or
Category 3 – An entity or organization (including federal, state, or local government of the
U.S., or a political subdivision thereof) that has a bona fide presence in the U.S. See
section B.3.1 of the NeuStar proposal to the Department of Commerce (found at
http://www.neustar.us./policies/index.html) for details concerning what constitutes a “bona
fide presence.”
b. Maintenance of Eligibility. You agree to continually satisfy the requirement that all “.US”
Domain Registrants maintain the Nexus Requirements.
c. Additional Requirements. Registrants are required to provide certain additional Nexus
information. Except where noted that a Registration shall be denied if information is missing, failure
of a Registration to satisfy Nexus Requirements shall result in the Domain being placed upon a
thirty (30) day hold during which time the Registrant shall be notified and given the opportunity to
correct the information. If Registrant takes no action within the thirty (30) day period, the
Registration shall be cancelled and the Domain shall be returned to available status. The
Registration fee shall not be refunded. If, on the other hand, the Registrant is able to demonstrate
compliance with the requirement and the information is corrected, the hold shall be released and
the Domain shall be registered. The Registrant must also satisfy the following additional conditions
for the applicable Nexus Category:
1.
2.
3.
Certification that the Registrant satisfies the Nexus Requirements. If not completed, then
Registration shall be cancelled;
Basis for compliance (Nexus Requirement Category 1, 2, or 3);
Certification that the listed name servers are located within the U.S. If not completed, then
Registration shall be rejected.
d. Sunrise Period. During the Sunrise Period, you shall be able to submit only one (1)
Registration Order for each Domain based on the corresponding trademark serial number. If you
submit more than one (1) Registration Order for the same Domain based on the same trademark
registration, only one of those Applications (as determined by DomainPeople) shall be included in
the final randomization.
e. Eligibility for Sunrise. To be eligible for the Sunrise Period, your trademark application or
registration must be contained in the Principal register at the United States Patent and Trademark
Office (“USPTO”). The trademark registration or application must be based on words or textual
marks, not on logos or designs. For the purposes of the Sunrise Period, trademarks and service
marks are treated the same way.
f. Trademark International Class. The “Trademark International Class” field must contain at
least one (1) of the following valid codes:
Class 1: Chemicals
Class 2: Paints
Class 3: Cosmetics and Cleaning Preparations
Class 4: Lubricants and Fuels
Class 5: Pharmaceuticals
Class 6: Metal Goods
Class 7: Machinery
Class 9: Electrical and Scientific Apparatus
Class 10: Medical Apparatus
Class 11: Environmental Control Apparatus
Class 12: Vehicles
Class 13: Firearms
Class 14: Jewelry
Class 15: Musical Instruments
Class 16: Paper Goods and Printed Matter
Class 17: Rubber Goods
Class 18: Leather Goods
Class 19: Nonmetallic Building Materials
Class 20: Furniture and Articles not otherwise classified
Class 21: Housewares and Glass
Class 22: Cordage and Fibers
Class 24: Fabrics
Class 25: Clothing
Class 27: Floor Coverings
Class 28: Toys and Sporting Goods
Class 29: Meats and Processed Foods
Class 30: Staple Foods
Class 31: Natural Agricultural Products
Class 32: Light Beverages
Class 33: Wine and Spirits
Class 34: Smokers' Articles
Class 35: Advertising and Business
Class 36: Insurance and Financial
Class
Class
Class
Class
Class
Class
Class
Class
Class
37: Building Construction and Repair
38: Telecommunications
39: Transportation and Storage
40: Treatment of Materials
41: Education and Entertainment
42: Miscellaneous
200: Collective Trademarks or Service Marks
A: Goods Certification Mark
B: DNR Services Certification Mark
If you have applied for, or have already registered, a trademark with the USPTO in more than one
(1) International Class of Goods and DNR Services, you only need to list one (1) International Class
of Goods or DNR Services on your Registration Order.
g. Domain Dispute Resolution. Any dispute regarding your .US Domain will be governed by the
terms of the United States Dispute Resolution Policy (“usDRP”) and/or the Nexus Dispute Policy
(“NDP”) as applicable. You understand and agree that, in the event of a dispute, you will comply
with the terms of the applicable policy as identified at:
(i) usDRP at http://www.neustar.us/ustld-dispute-resolution-policy/
(ii) NDP at http://www.neustar.us/nexus-dispute-policy/
In the event that a third party submits to the “.US” TLD Administrator (“Administrator”) a dispute
regarding your .US Domain, DomainPeople shall place the Domain in “Registry Hold” until the
matter is resolved. While the Domain is on Registry Hold, the you must not change any of the
contact information for that particular Domain, or transfer the Domain to any third party. You
understand and agree that the decision of the usDRP or the NDP process is final, and you further
understand and agree that such decision may result in the deletion of the Domain from the Registry
such that it becomes available to the public. You expressly agree that DomainPeople shall not be
liable for a deletion or termination of a Registration as a result of the usDRP or NDP process.
h. Reservation of Rights. The Administrator reserves the right to modify the usDRP or NDP at
any time. The Administrator shall post its revisions on the Administrator‟s web site (above) at least
thirty (30) days before it becomes effective. The Administrator also reserves the right to deny,
cancel, transfer, or modify any Registration that it deems necessary, in its discretion, (1) to protect
the integrity and stability of the Registry, (2) to comply with any applicable law, government rule or
requirement, request of law enforcement, in compliance with any dispute resolution process, (3) to
avoid any liability, civil or criminal, on the part of the Administrator, as well as its affiliates,
subsidiaries, officers, directors, representatives, employees, and stockholders, (4) for violations of
this Agreement, or (5) to correct mistakes made by the Administrator or any registrar in connection
with Registration. The Administrator also reserves the right to freeze a Domain during resolution of
a dispute.
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SCHEDULE „5‟
PROVISIONS SPECIFIC TO ".CN" TLDs
In the case of a “.CN” TLD Registration, the following additional terms and conditions shall apply:
a. Representations and Warranties. You represent and certify that, to the best of your
knowledge and belief, (i) neither the registration of the domain name nor the manner in which it is
directly or indirectly used infringes the legal rights of any third party, (ii) you have the requisite
power and authority to enter into this Agreement and to perform the obligations hereunder, (iii) you
are of legal age to enter into this Agreement, and (vi) you agree to comply with all applicable laws,
regulations and policies of the Peoples Republic of China‟s governmental agencies and the China
Internet Network Information Center (“CNNIC”), including but not limited to the following rules and
regulations:
(i)
China
Internet
Domain
Name
Regulations
(currently
at
http://www.cnnic.net.cn/html/Dir/2005/03/24/2861.htm); (ii) CNNIC Detailed Rules of Internet
Domain
Name
Registration
Administration
(currently
at
http://www.cnnic.cn/html/Dir/2003/11/20/1379.htm); (iii) CNNIC Domain Name Dispute Resolution
Policy (currently at http://www.cnnic.net.cn/html/Dir/2003/12/12/1977.htm); and (iv) Rules for
CNNIC
Domain
Name
Dispute
Resolution
Policy
(currently
at
http://www.cnnic.net.cn/html/Dir/2006/03/15/3655.htm).
b. Provision of Registration Data. As part of the registration process, you are required to
provide DomainPeople with any other data that CNNIC, as the Registry, requires be submitted to
it. You agree and understand that the foregoing Registration data shall be publicly available and
accessible on the Whois directory pursuant to the CNNC Policy. Any information collected by
DomainPeople concerning an identified or identifiable natural person (“Personal Data”) shall be used
in connection with the Registration of your Domain(s) and for the purposes of this Agreement and
as required or permitted by the CNNIC.
c. Business or Organization Representation. The “.CN” TLD space is intended for businesses
and organizations and not for individual use. By registering a “.CN” Domain, you hereby represent
that you have registered the Domain on behalf of a business or organization.
d. Maximum Term. The maximum term for a Domain Registration in the “.CN” TLD shall be five
(5) years. Registrations shall be available for terms of one (1), two (2), three (3), four (4), and five
(5) years.
e. Prohibited Uses for “.CN” Domains. You may not register or use a Domain that is deemed
by CNNIC to:
1.
2.
3.
4.
5.
6.
7.
8.
9.
Be against the basic principles prescribed in the Constitution of the Peoples Republic of
China (“PRC”);
Jeopardize national security, leak state secrets, intend to overturn the government, or
disrupt of state integrity of the PRC;
Harm national honor and national interests of the PRC;
Instigate hostility or discrimination between different nationalities, or disrupt the national
solidarity of the PRC;
Violate the PRC‟s religion policies or propagate cult and feudal superstition;
Spread rumors, 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.
f. True Registrant of Domain. By registering a “.CN” Domain, you shall be responsible for
providing 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. You accept liability for harm caused by wrongful use of the Domain.
g. Domain Dispute Policy. If you have registered a second or third-level “.CN” Domain through
DomainPeople, you agree to be bound by the CNNIC Domain Name Dispute Resolution Policy &
Rules for CNNIC Domain Name Dispute Resolution Policy (“CNNIC Dispute Policy”),
http://www.cnnic.net.cn/ruler/20.shtml, which is incorporated herein and made a part of this
Agreement by reference. Please take the time to familiarize yourself with that policy. In addition,
you hereby acknowledge that you have read and understood and agree to be bound by the terms
and conditions of the policies of the CNNIC, as they may be amended from time to time, and which
are hereby incorporated and made an integral part of this Agreement.
h. Domain Disputes. You agree that, if your use of DomainPeople‟s DNR Services is challenged
by a third party, you shall 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 arises with any third party, you shall
indemnify and hold DomainPeople, CNNIC, and NeuStar, Inc. (“Registry Gateway Provider”),
harmless pursuant to the terms and conditions set forth in this Agreement. If DomainPeople is
notified that a complaint has been filed with a judicial or administrative body regarding your use of
DomainPeople‟s DNR Services, you agree not to make any changes to your domain name record
without our prior approval. DomainPeople may, at its sole discretion, not allow you to make
changes to such Domain record until (i) DomainPeople is directed to do so by the judicial or
administrative body, or (ii) DomainPeople receives notification by you and the other party
contesting your Registration and use of DomainPeople‟s DNR Services that the dispute has been
settled. Furthermore, you agree that if you are subject to litigation regarding your Registration and
use of DomainPeople‟s DNR Services, DomainPeople may deposit control of your Domain record into
the registry of the judicial body by supplying a party with a registrar certificate from us.
i. Jurisdiction. For the adjudication of disputes concerning or arising from use of the Registered
Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to
the jurisdiction of the courts (1) of the Registrant‟s domicile, (2) where DomainPeople is located,
and 3) the People‟s Republic of China.
j. Governing Law. For the adjudication of a dispute concerning or arising from use of a “.CN”
Domain, such dispute shall be governed under the Laws of the Peoples Republic of China.
k. Suspension, Cancellation, or Transfer. You agree that your Registration of a “.CN” Domain
shall be subject to suspension, cancellation, or transfer pursuant to any CNNIC adopted specification
or policy, or pursuant to any registrar or CNNIC procedure not inconsistent with a CNNIC adopted
specification or policy, (1) to correct mistakes by Registrar or the CNNIC in registering the Domain
or (2) for the resolution of disputes concerning the Domain.
l. Indemnification. You shall indemnify and hold harmless the [Registrar], Registry Gateway
Provider and CNNIC and their directors, officers, employees, representatives, agents, affiliates, and
stockholders from and against any and all claims, suits, actions, other proceedings, damages,
liabilities, costs and expenses of any kind, including without limitation reasonable legal fees and
expenses, arising out of or relating to the Registrant‟s (i) domain name registration and (ii) use of
any of a domain name.
m. Reservation by CNNIC and Registry Gateway Provider. DomainPeople, the Registry
Gateway Provider, and CNNIC reserve the right to deny, cancel, or transfer any Domain and/or
Registration that they deem necessary, in their discretion, (1) to protect the integrity and stability
of the registry, (2) to comply with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute resolution process, (3) to avoid any liability,
civil or criminal, on the part of CNNIC, the Registry Gateway Provider, or DomainPeople, as well as
their affiliates, parent companies, subsidiaries, officers, directors, representatives, employees, and
stockholders, (4) for violations of this Agreement, or (5) to correct mistakes made by Registry
Gateway Provider, CNNIC, or any registrar in connection with a “.CN” Domain Registration. CNNIC,
Registry Gateway Provider, and DomainPeople also reserve the right to freeze a Domain during
resolution of a dispute.
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SCHEDULE „6‟
PROVISIONS SPECIFIC TO ".PRO" TLDs
In the case of a “.PRO” TLD Registration, the following additional terms and conditions shall apply:
a. Overview. The .PRO service is made available to Registrants for your professional use only.
You therefore agree that you are a person or entity who provides professional services and has
been admitted to, licensed by, or credentialed by, and is in good standing with, a government
certification body, jurisdictional licensing entity recognized by a governmental body, or professional
organization, which body requires that its members be licensed, admitted or credentialed to a
certifying entity and regularly verifies the accuracy of its data. The following types of Registrations
within the “.PRO” TLD are available to qualified persons and entities:
1.
2.
3.
4.
Registered Names (ie. “.PRO” Domains);
Premium Intellectual Property Defensive Registrations (ProBlock);
Basic Intellectual Property Defensive Registrations (ProGuard); and
Standard Defensive Registrations (ProReserve).
b. RegistryPro. You acknowledge that RegistryPro shall be the exclusive provider to you of the
services with respect to (a) your Registration Order for a “.PRO” Domain; and (b) in the event such
Registration Order is accepted, for all ongoing services with respect to “.PRO” Domain. You further
acknowledge that the Registry shall have no obligation to provide such services to you and that
your use of the service is subject to your acceptance of and compliance with this Agreement,
including the regulations and restrictions contained herein this Schedule 6 and in the policies
described below, and any other regulations applicable to you as a licensed professional. You agree
that you have no contractual relationship whatsoever with RegistryPro and that you are not a third
party beneficiary of any agreement between RegistryPro and DomainPeople. You further agree that
RegistryPro shall have no legal, equitable, or other liability of any kind to you. However, you
acknowledge that RegistryPro is a third party beneficiary of this Agreement with the right to enforce
against you those provisions of the Agreement that may affect RegistryPro.
c. Restrictions. Registered Names are restricted to persons and entities that are credentialed by
appropriate entities (as stated above) to provide professional services within a stated geographic
region (“Licensing Jurisdiction”). Basic Intellectual Property Defensive Registrations are restricted
to trademark or service mark holders with valid and enforceable trademark or service mark
registrations of national effect that are issued prior to September 30, 2002. Standard Defensive
Registrations are restricted to persons and entities that are credentialed by appropriate entities to
provide professional services.
d. Certification. Registrants of Registered Names and Defensive Registrations in the “.PRO” TLD
shall be required to certify that they meet all qualifications and requirements. Eligibility of
registration of Registered Names shall be verified and periodically re-verified at least annually.
e. Information. As part of the Registration process, you are required to provide us with certain
information and to update this information to keep it current, complete, and accurate. You must
provide contact information, including name, e-mail address, postal address and telephone number,
for use in disputes relating to your Registration of a “.PRO” Domain or Defensive Registration. You
understand and agree that this contact information shall be provided as part of the Whois record for
your Domain or Defensive Registration. You further understand that the Registry may share the
foregoing Registration data with third parties that act as subcontractors to it for the purpose of this
Agreement, and you agree that your personal data may be shared with the Registry‟s
subcontractors. You agree and understand that the foregoing Registration data shall be publicly
available and accessible on the WHOIS directory for “.PRO” as required by ICANN and may be sold
in bulk in accordance with ICANN policy.
f. Representations & Warranties. You make the following representations and warranties:
1.
2.
3.
4.
5.
That the data provided in your “.PRO” Domain or Defensive Registration application is true,
correct, up to date, and complete; you shall at all times during the term of your
Registration keep the information provided above up to date;
That your “.PRO” Domain or Defensive Registration satisfies all applicable “.PRO”
restrictions at the time of Registration;
That your “.PRO” Domain Registration satisfies the digital security requirements for
obtaining a “.PRO” Domain; and
That you shall ensure that your Registration meets the applicable “.PRO” Registration
requirements set forth by RegistryPro during the term of your Registration, and that you
shall continue to meet such requirements and promptly notify DomainPeople if you no
longer meet such requirements.
That you have the authority to enter into this Agreement.
g. Misrepresentation. You agree not to make any representation to any person or entity that
expressly or impliedly conveys that your Registration of a “.PRO” Domain in any way signifies or
indicates that you possess any general or specific professional qualifications, including, but not
limited to, professional qualifications in a particular field.
h. ProGuard. In the case of a Intellectual Property Defensive Registration you certify that your
registration meets the following requirements:
1.
2.
That you own a current (non-expired) trademark or service mark registration;
That the trademark or service mark registration has national effect;
3.
4.
That the trademark or service mark was issued to you prior to September 30, 2002; and
That the Registration (specifically, the third-level label) is identical to the textual or word
elements of the trademark or service mark.
In determining whether the Domain name is identical to the textual or word elements of the
trademark or service mark, only ASCII characters in the trademark or service mark shall be
considered. Where there is a space between the textual elements of a mark, the Registrant may
elect at Registrant‟s discretion to use a hyphen or combine the elements together. For example,
the mark “SERVICE MARK” could be registered as “servicemarklaw.pro” or “servicemark.law.pro”. Trademark or service mark registrations from the supplemental or equivalent
registry of any country, or from individual states or provinces of a nation, shall not be accepted.
i. Processing of Data. You agree to the use, copying, distribution, publication, modification, and
other processing of your data by the Registry and its designees and agents in a manner consistent
with the purposes of issuing a “.PRO” Domain, Defensive Registration or digital certificate, or
publishing of any and all required information in the WHOIS or other relevant databases.
j. Disclaimer. You acknowledge that neither the Registry (RegistryPro, Inc.) nor DomainPeople
shall have any liability of any kind for any loss or liability resulting from, without limitation: (i) the
ability or inability of any Registrant to obtain a “.PRO” Defensive Registration or Domain, and (ii)
the results of any dispute over an IP Defensive Registration.
k. Other Policies. The Registrant acknowledges having read and understood and agrees to be
bound by the terms and conditions of the following documents, as they may be amended from time
to time, which are hereby incorporated and made an integral part of this Agreement:
1.
2.
3.
4.
5.
The Uniform Domain Name Dispute Resolution Policy, available at:
http://www.icann.org/dndr/udrp/policy.htm.
For Sunrise Registrations, The Sunrise Period Rules and Sunrise Dispute Resolution Policy,
available online at: http://www.icann.org/dndr/prosdrp/policy.htm.
The Qualification Challenge Policy and Rules, available at:
http://www.icann.org/en/dndr/proqcp/uniform-rules.htm and
http://www.icann.org/en/tlds/agreements/pro/registry-agmt-appm-30may03.htm#Exhibit3The “.PRO” TLD restriction requirements, available at:
http://www.icann.org/en/tlds/agreements/pro/pro-appendix-11-22apr10-en.htm.
Procedures for any applicable Verification Toolkit.
l. Dispute Policy Modifications. You agree that the Registry may modify any applicable dispute
policies. The Registry may post any such revised policy on its web site at least thirty (30) calendar
days before it becomes effective. You agree that, by maintaining a Domain or Defensive
Registration after modifications to the dispute policy become effective, you shall have agreed to
these modifications. You acknowledge that if you do not agree to any such modification, you may
terminate this Agreement. We may not refund any fees paid by you if you terminate your
Agreement with us.
m. Defensive Registrations Disputes. You agree that, if your Domain name or Defensive
Registration is challenged by a third party, you shall be subject to the provisions specified in the
relevant dispute policy in effect at the time of the dispute. You agree that in the event a dispute
arises with any third party, you shall indemnify and hold Alldomains.com harmless pursuant to the
terms and conditions set forth below in this Agreement. If we are notified that a complaint has been
filed with a judicial or administrative body regarding your domain name or Defensive Registration,
you agree not to make any changes to your registration record without our prior approval. We may
not allow you to make changes to such registration record until (i) we are directed to do so by the
judicial or administrative body, or (ii) we receive notification by you and the other party contesting
your registration and use of the Services that the dispute has been settled.
n. Consent. Registrants may be asked to give their consent to allow individuals to share a part of
their space. In such a circumstance, you shall have ten (10) days to respond to a request for
consent.
o. Continued Compliance with Requirements. The Registrant shall, at all times during the
term of the registration, meet the “.PRO” Registration requirements set forth by the Registry for the
Registration. The Registrant shall provide prompt notice to Registrar if it fails to meet such
Registration requirements. DomainPeople and/or RegistryPro shall have the right to immediately
and without notice to Registrant suspend, cancel, or modify Registrant‟s Registration if, at any time,
the
Registrant
fails
to
meet
the
Registration
requirements
for
such
Domain.
p. Enforcement of Violations. Violations of the “.PRO” TLD restrictions may be enforced directly
by or through the Registry.
q. Indemnification. You agree to indemnify, defend, and hold harmless DomainPeople,
RegistryPro, and their respective parent companies, subsidiaries, affiliates, divisions, shareholders,
directors, officers, employees, accountants, attorneys, insurers, agents, sub-contractors,
predecessors, successors, and assigns from and against any and all losses, costs, expenses
(including reasonably attorneys‟ fees), causes of action or other liabilities of any kind, whether
known or unknown, arising out of, relating to, or otherwise in connection with any DomainPeople or
RegistryPro services provided pursuant to your “.PRO” Registration, including but not limited to
“.PRO” eligibility verification services and the digital certificate services. This obligation shall survive
the termination or expiration of this Agreement for any reason.
r. Verification Service Fee. You further acknowledge that if, pursuant to the performance of the
initial verification services or annual re-verification services required for the issuance of a “.PRO”
Domain, RegistryPro determines that you do not meet, or do not continue to meet, the applicable
“.PRO” Registration requirements, DomainPeople and RegistryPro shall be entitled to retain a
processing fee in connection with the performance of the initial verification services and in
connection with the performance of the annual re-verification services.
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SCHEDULE „7‟
PROVISIONS SPECIFIC TO ".DE" ccTLDs
In the case of a ".DE" TLD Registration, the following additional terms and conditions shall apply:
a. Restrictions. Registration is restricted to those persons and entities with a local presence in
Germany. If the Domain Holder is not domiciled in Germany, he/she shall be required to appoint an
Administrative Contact domiciled in Germany. This Administrative Contact shall also be the Domain
Holder's authorized representative for receiving the service of official or court documents for the
purposes of §§174 ff. of the German Code of Civil Procedure.
b. Administrative Contact Proxy. If you do not meet the local presence requirements criteria or do
not appoint an Administrative Contact domiciled in Germany, DomainPeople shall automatically
provide you with a .DE Administrative Contact proxy whose address meets the DENIC local presence
requirements (the "Administrative Contact Proxy").
c. By submitting your Order Form to DomainPeople or otherwise subscribing for the .DE domain
name without meeting the local presence requirement, you expressly authorize and designate
DomainPeople to provide the Administrative Contact Proxy to be listed as the Administrative Contact
of record for your domain name(s) for the effective duration of this Agreement between you and
DomainPeople.
d. Upon expiry or termination of this Agreement for any reason, all the Whois information for your
domain name shall be replaced with the information that existed immediately prior to the .DE
Administrative Contact Proxy becoming the Administrative Contact of record you shall immediately
cease using the Administrative Contact Proxy.
e. You shall at all times remain the true owner of your domain name(s) that are subscribed for
under this Agreement and you shall possess the full rights normally associated thereto.
f. You understand, acknowledge, and agree that the registration of your domain name(s), including,
but not limited to, renewals, transfers, or other processes, is not one of the DomainPeople and/or
the Administrative Contact Proxy and that DomainPeople and/or the Administrative Contact Proxy
are not liable or responsible in any way for such processes.
g. You are solely responsible, and DomainPeople and/or the Administrative Contact Proxy are not
responsible, for ensuring the confidentiality and secrecy of any and all passwords related to your
domain name(s). If you forget or lose any of your passwords, and/or you require a new password,
you shall abide by all the security measures and procedures that DomainPeople and/or the
Administrative Contact Proxy may implement and require of you, including your provision to
DomainPeople and/or the Administrative Contact Proxy of valid photo identification, credit card
number, and/or notarized affidavit. You understand, acknowledge, and agree that if you do not
comply with or satisfy (in DomainPeople's and/or the Administrative Contact Proxy's sole discretion)
DomainPeople's and/or the Administrative Contact Proxy's security and identification verification
procedures, then DomainPeople and/or the Administrative Contact Proxy reserves the right to
refuse any or all of your inquiries and/or requests as they relate to DomainPeople and/or the
Administrative Contact Proxy DNR Services.
h. Forwarding DNR Services: A forwarding service shall be provided and you understand,
acknowledge, and agree that the Administrative Contact Proxy shall forward to you only first class
mail, registered mail, and couriered items (collectively referred to herein as "Mail") which is sent to
the Administrative Contact Proxy. The Administrative Contact Proxy is not obligated in any way to
forward to you any Mail by first class, registered mail, or courier regardless of how the
Administrative Contact Proxy received such Mail. The means of forwarding to you any and all Mail
shall be at the Administrative Contact Pro's sole discretion.
i. You shall be solely responsible, and the Administrative Contact Proxy shall not be responsible, for
all fees, charges, taxes, and other costs involved in forwarding your Mail to you.
j. For Mail that appears to be of a legal nature (as solely determined by the Administrative Contact
Proxy) and received by the Administrative Contact Proxy by first class mail, the Administrative
Contact Proxy shall digitally scan the Mail and e-mail you the image. You shall then have five (5)
calendar days to reply and request that the Administrative Contact Proxy forward the particular Mail
to you. If the Administrative Contact Proxy does not receive a reply from you within such five (5)
calendar days, then the Administrative Contact Proxy may dispose or return to sender such Mail.
k. You understand, acknowledge, and agree that the Administrative Contact Proxy may dispose or
return to sender any or all items received by the Administrative Contact Proxy that does not
constitute Mail as defined herein, as determined at the Administrative Contact Proxy's sole
discretion.
l. YOU HEREBY EXPRESSLY CONSENT TO THE ADMINISTRATIVE CONTACT PROXY RECEIVING,
FORWARDING, RETURNING TO SENDER, REPLYING TO (IF NECESSARY), DISPOSING/DELETING,
STORING, AND OTHERWISE HANDLING YOUR MAIL, AND ANY OTHER ITEM THAT THE
ADMINISTRATIVE CONTACT PROXY RECEIVES ON YOUR BEHALF (ALL AT THE ADMINISTRATIVE
CONTACT PROXY'S SOLE REASONABLE DISCRETION) WHICH IS SENT TO THE ADMINISTRATIVE
CONTACT PROXY.
m. You understand, acknowledge, and agree that DomainPeople nor the Administrative Contact
Proxy shall in no way be liable or responsible for any Mail, or other item received by the
Administrative Contact Proxy on your behalf that is missing, destroyed, damaged, stolen, lost, or
otherwise.
n. You understand, acknowledge, and agree that you shall indemnify and hold harmless
DomainPeople and the Administrative Contact Proxy from and against any and all claims arising out
of or resulting from the failure of any Mail, and/or other items received by the Administrative
Contact Proxy on your behalf from reaching you.
o. REGISTRY, REGISTRAR, AND OTHER PROVIDERS. DomainPeople and/or the Administrative
Contact Proxy shall not be liable or responsible in any way for any action taken by (a) the applicable
domain name registry, (b) the applicable domain name registrar, or (c) any other provider of
services related to your domain name(s) and/or DomainPeople and/or the Administrative Contact
Proxy DNR Services.
p. By registering a .DE Domain, the registrant also agrees to the Registration Policies of the Registry
DENIC
e.G
found
at
http://www.denic.de/en/bedingungen.html
and
http://www.denic.de/de/bedingungen.html.
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SCHEDULE „8‟
PROVISIONS SPECIFIC TO ".EU" ccTLDs
In the case of a ".EU" TLD Registration, the following additional terms and conditions shall apply:
a. Eligibility Requirements. You represent and warrant that every registration you are applying for in
the .EU top-level domain (“TLD”) satisfies the eligibility requirements established by .EU TLD
Administrator, European Registry for Internet Domain Names (“.EU Registry”), which are available
through the following URL http://www.eurid.eu.
b. Restrictions. The following categories of companies, organizations and individuals shall be able to
register a .EU domain: (a) an undertaking having their registered office, central administration or
principal place of business within the European Community; (b) an organizations established within
the European Community without prejudice to the application of national law; (c) a natural persons
resident within the European Community.
c. Governing Law. You agree that any disputes between you and the .EU Registry, shall be governed
in all respects by and in accordance with the laws of the European Community or one of its Member
States. All disputes between you and the .EU Registry are to be brought before the tribunal of .EU
Registry's choice. All disputes between you and DomainPeople are subject to Section 14, Governing
Law, of the Registration Agreement.
d. Sunrise and General Pre-registration Applications. You acknowledge and agree that the
submitting of a "Sunrise or General Pre-registration Registration Order" does not ensure that a
domain name shall be successfully awarded or registered. In the event that an application does not
result in a successful registration, the registration fee shall be refunded. In the case of a "Sunrise
Registration Order" where an application fee was collected, a portion of that fee shall be refunded
after the deduction of a handling fee, which you acknowledge and agree is subject to change based
on fluctuations in the US Dollar and Euro exchange rates. By registering a .EU Domain, the
registrant also agrees to the Registration Policies of the EURid Registry found at
http://www.eurid.eu/euDomainNames/sunrisePeriod.html.
e. Multi-year Registration. All .EU registrations and renewals are done on a yearly basis. You
acknowledge and agree that by purchasing a .EU domain name for more than one (1) year there
shall be no refunds for any fees paid should you choose to transfer such .EU domain name to
another registrar prior to the expiration of the multi-year registration of such .EU domain name. You
also acknowledge and agree that should you transfer such .EU domain name prior to the expiration
of the multi-year registration, you shall lose any additional years of registration beyond the then
current year of registration.
This Service Agreement (“Agreement”) sets forth the terms and conditions of use by the domain
name registration Applicant and the Registrant (jointly and severally referred to as “you”) of
DomainPeople, Inc.'s Internet domain name registration services (the “DNR Services) and your
registration of that domain name (the “Registration”) and is in addition to the DomainPeople, Inc.
(“DomainPeople”)
Registration
Agreement
found
at
http://www.domainpeople.com/registrationagreement.htm.
DomainPeople shall offer a priority pre-registration for a fee ("Priority Pre-Registration") in addition
to a free pre-registration service ("Free Pre-Registration"). Each Priority Pre-Registration shall be
submitted to the .eu registry in the order they are received by our system on the "go-live date", as
defined below. Each Free Pre-Registration shall be submitted to the .eu registry in the order they
are received by our system, following the completion of Priority Pre-Registration processing on the
go-live date.
EURid shall only register domain names on a first come, first served basis from eligible parties that
submitted technically correct pre-registration requests that meet EURid's established requirements
and, if necessary, were appropriately validated by the registry. EURid reserves the right to revoke
domain names on a number of grounds including, but not limited to, the domain names are
defamatory, racist or contrary to public policy.
In addition to the terms set forth in DomainPeople Registration Agreement, the following terms shall
apply to .EU domain names.
1. Eligibility Requirements. You represent and warrant that every registration you are applying for in
the .EU top-level domain ("TLD") satisfies the eligibility requirements ("Eligibility Requirements")
established by .EU TLD administrator, European Registry for Internet Domain Names vzw/asbl (".EU
Registry"),
which
are
available
at
the
following
we
site
http://www.eurid.eu.
2. Nexus Requirements/Certification. You certify that you have and shall continue to have a lawful
bona fide European Union nexus, as required by .EU Registry, and that you meet at least one of
the .EU nexus requirements (".EU Nexus Requirements") set forth below (and as represented by
you in the pre-registration application information provided by you to DomainPeople). You must be
(and you certify that you are) either: a) an undertaking having their registered office, central
administration or principal place of business within the European Community; b) an organization
established anywhere within the European Community; or c) a natural person resident within the
European Community.
3. Your Obligation to Satisfy Nexus Requirement. You acknowledge and agree that it is your
responsibility, through the registration process (and, if applicable, as required subsequent to your
application), to provide the information necessary to satisfy the .EU Nexus Requirements, and that a
failure by you to satisfy the .EU Nexus Requirements may result in, among other things, (i) the
domain name pre-registration application(s) being rejected by DomainPeople and/or the .EU
Registry, (ii) the domain name(s) being placed on "hold" by DomainPeople and/or the .EU Registry,
and/or (iii) the domain name(s) being deleted by DomainPeople and/or the .EU Registry. Neither
DomainPeople nor the .EU Registry (nor any other entity or person) shall be liable to you for any
actions or inactions of any of them resulting from your failure to provide all required .EU Nexus
Requirements information at the time of pre-registration (or, where applicable, subsequent to
registration), and none of them shall have any obligation to request or attempt to obtain from you
additional information to establish your compliance with the .EU Nexus Requirements, even if the
need for such information is known by any of them.
4. Pre-Registration. When you submit a .EU pre-registration request, you are authorizing us to
attempt to obtain a domain name in the .EU TLD (as described on our Web site and herein) for you
if and when .EU Registry launches its sunrise and open-registration period (the "go-live date"). On
the go-live date, DomainPeople shall submit pre-registration requests during the sunrise and open
registration period and the .EU Registry shall review all proposed registration requests on a first
come, first serve basis.
5. Third Party Rights. By submitting your pre-registration request, you certify that your request is
made in good faith and does not infringe any rights of a third party.
6. Phase One and Two Requirements. By submitting a pre-registration request for Phase One or
Phase Two of the .EU Registry's sunrise periods you certify that you have a prior right or are a
public body as defined by EC No. 874/2004 Article 10(1) (April 28, 2004). You also agree to submit
the necessary verifiable documentation required by .EU Registry in order to demonstrate that you
are a public body or have a prior right. You acknowledge that .EU Registry, or its designee, shall
decide at its own discretion whether any documentation you may submit verifies your right to
register a domain name(s).
7. Charges. By submitting your .EU pre-registration request, you authorize us to charge you for any
proposed registrations we undertake on your behalf that are submitted to .EU Registry. You shall be
charged during the sunrise or open registration period when .EU Registry is reviewing your
proposed registration prior to their final approval. Proposed sunrise registration requests that are
rejected by .EU Registry shall still be charged an administrative fee that shall not be refunded to
you. Sunrise fees, registration fees and other applicable fees may also apply and be charged to your
credit card after the sunrise period begins if your proposed registration is accepted and processed
by EU Registry. Upon .EU Registry's acceptance of a proposed registration request for a domain
name(s), the full registration fee shall automatically be charged to the credit card that you used for
placing your pre-registration request.
8. Ban on and Revocation of Certain Domain Names. You agree that .EU Registry has identified
certain domain names that can not be registered during the sunrise and open registration process.
You further accept that .EU Registry and DomainPeople reserves the right to deny pre-registration
requests that .EU Registry or an EU Member State considers to be defamatory, racist, or contrary to
public policy. You understand that .EU Registry may also revoke a domain name at its own initiative
for a variety of reasons including but not limited to nonpayment of fees or failure to meet .EU Nexus
Requirements.
9. Your Other Obligations. You agree to accept the terms of the .EU Registry's agreement with
DomainPeople. You agree to be bound by the .EU Registry terms and conditions for the sunrise and
open registration period and shall abide by those terms and conditions. If you do not agree to any
of the terms and conditions that are established by the .EU Registry, you may expressly terminate
this Agreement.
10. Contact Information Requirements. You agree to keep all contact information contained related
to your pre-registration request for a domain name(s) current so that we can contact you for any
reason or so the EU Registry's can contact you for any reason, including, but not limited to, any
participation in a validation process for a domain name(s) before or during the sunrise or open
registration period. We take no responsibility in providing the .EU Registry with any e-mail address
other than what you provide in your pre-registration request. It is your obligation to keep all contact
information, including all e-mail addresses, related to your pre-registration request current.
11. Validation Process. You agree that we shall have no liability to you or other third parties for
anything related to the .EU Registry's validation process for a proposed registration request that we
have submitted and is pending final .EU Registry approval. You acknowledge and agree that it is
your responsibility to ensure that you meet all of the requirements that are involved in .EU
Registry's validation process for your proposed registration request for a domain name(s). You
agree that we are not responsible or liable in any way if your proposed registration request is
rejected for any reason, including but not limited to the .EU Registry's failure or inability to contact
you or your failure to respond to .EU Registry's request for supporting documentation, during the
validation process.
12. No Guarantees. We make no guarantees, representations or warranties that your proposed
registration request for a domain name shall be accepted by .EU Registry. You acknowledge and
agree that the proposed registration request for a domain name(s) submitted by DomainPeop le
to .EU Registry domain name may fail or be rejected by .EU Registry for any number of reasons,
including, but not limited to, the fact that your proposed registration request for a domain name
was not first in time. You acknowledge and agree that the successful registration of a preregistration request during the sunrise period shall depend upon a number of different factors that
DomainPeople cannot predict or control.
13. Acknowledgment of .EU Registry Policies and Rules. The registrant acknowledges having read
and understood and agrees to be bound by the terms and conditions of all of the policies or rules
(collectively ".EU Policies") that are posted or referred to on the EU Registry's website. You agree to
comply with any and all current and future .EU Policies at any and all times. You agree that, by
maintaining any service related to your pre-registration request (which may include the ultimate
registration of a domain name) after such posting of any new or amended .EU Policies, you have
agreed to the terms and conditions of the same and shall be bound by such terms and conditions.
You acknowledge that if you do not agree to the amended or new .EU Policies, you may terminate
this Agreement. We shall not refund any fees paid by you if you terminate your Agreement with us.
14. Registry Actions or Inactions. Our ability to provide services to you depends in part upon the
provision of services by third parties, such as the .EU Registry. We cannot control and shall not be
responsible for the actions or inactions of such third parties. You acknowledge and agree that we
shall not be liable to you or any other party in connection with claims, damages, losses, expenses or
costs incurred or suffered by you as a result of actions taken or not taken by third parties, including,
but not limited to, the .EU Registry (for example, the .EU Registry reserves the right to suspend,
reject, deny or revoke any domain name registration for a variety of reasons, none of which
DomainPeople can control).
15. Accurate Information. As a part of your pre-registration, you agree to submit the accurate and
reliable information, including but not limited to, contact details of at least one natural or legal
person responsible for the technical operation of the domain name that you are requesting. The
submission of inaccurate information shall constitute grounds for rejecting a pre-registration request
or proposed registration request or suspending, terminating or deleting the rights to register a
domain name. Without limiting the other provisions of the Agreement, your provision of inaccurate
or unreliable information, or your failure promptly to update information provided to DomainPeople
shall constitute a material breach of this Agreement and shall be a basis for cancellation of t he
domain name(s) applied for hereunder.
16. Registration Order Submission. You acknowledge and agree that DomainPeople (as the parent
company) shall be submitting your .EU proposed registration request to the .EU Registry through
DomainPeople BV and/or Hostway (DomainPeople), and that all pre-registration requests submitted
by you hereunder shall be submitted by DomainPeople BV and/or Hostway (DomainPeople) on or
after the go-live date.
17. No Guarantee on Registration. The .EU Registry, and not DomainPeople, determines the dates
and times associated with the various sunrise and open registration periods available for the .EU
TLD. You agree to review and become familiar with the information available on our website and
on .EU Registry website concerning the various periods and descriptions of services available in
connection with .EU TLD, and to regularly check for modifications and/or updates to such
information, as the same may change from time to time. You agree that you are solely responsible
for applying and/or registering for the service periods you desire to participate in. You acknowledge
and agree that submission of a proposed registration request for a domain name(s) or any other
services (regardless of when submitted), does not guarantee that you shall ultimately be the
registrant for any particular domain name.
18. Registration Approval. You understand that any successful registrations that are approved by
the .EU Registry shall not start until at least the completion of the sunrise period.
19. Disclaimer Concerning Intellectual Property Protection. Your pre-registration request for
during .EU Registry's sunrise period DOES NOT PROVIDE YOU WITH ANY INTELLECTUAL PROPERTY
PROTECTIONS, RIGHTS OR REGISTRATIONS.
20. Limitation of Liability. In addition to the other limitations of liability contained herein, you agree
that DomainPeople shall have no liability of any kind for any loss or liability resulting from the
processing of pre-registration requests prior to live .EU launch or the submission of proposed
registration requests to the .EU Registry including, without limitation, your ability or inability to
obtain a particular domain name including any dispute resolution proceeding related to any of the
foregoing. DomainPeople assumes no liability for any pre-registration request or a domain name's
rejection, suspension, cancellation, deletion, interruption or transfer due to procedures, rules or
policies laid down by .EU Registry or due to practices, customs or prejudices of courts of law or
dispute resolving arbitrators. We are not liable for any claims, damages or injuries arising out of the
termination of services that are provided by .EU Registry for any reason, including but not limited to
the termination of .EU Registry's registration authority, or its bankruptcy.
21. Indemnification. In addition to Section 10, Indemnity, of the Registration Agreement, you are to
indemnify, release, defend and hold us harmless for all liabilities, claims, damages, costs and
expenses arising out of: (a) your breach of any terms of this Agreement; (b) any violation of a third
party's right related to your pre-registration request; (c) any dispute with the .EU Registry or a third
party arising out of your pre-registration request; (d) any dispute related to the validation process
for your pre-registration request; or (e) any dispute arising out of the ADR process described in EC
No. 874/2004, Ch. VI. Art. 20-23 (April 28, 2004) that involved the domain name(s) in your preregistration request.
22. Additional Acknowledgments Concerning Customer Information. You also acknowledge and
agree that DomainPeople shall share with the .EU Registry certain information submitted by you in
your application for our services and pre-registration request, as required by our agreement(s) with
the .EU Registry or to provide the services you have applied for. You acknowledge and agree that
any information we share with the .EU registry may be used by them to fulfill the .EU registry's
service obligations to us or any third party. You hereby grant us and the .EU registry a limited,
royalty-free, non-exclusive worldwide license to use all of the data contained in a Trademark.
24. Survival of Terms. You agree that the indemnity provisions set forth in this Agreement shall
survive any termination of the Agreement.
25. Governing Law: You agree that any disputes between you and the .EU Registry, shall be
governed in all respects by and in accordance with the laws of the European Community or one of
its Member States. All disputes between you and the .EU Registry are to be brought before the
tribunal of .EU Registry's choice. All disputes between you and DomainPeople are subject to Section
14, Governing Law, of the Registration Agreement.
26. Dispute Resolution Policies. Accept as provided by Section 14, Governing Law, of the
Registration Agreement, you agree that every service for which you register, including a preregistration request for a domain name, is subject to the policies and procedures related to the
"Revocation and Settlement of Conflicts" as detailed in EC No. 874/2004 Chapter VI, Articles 20-23
(April
28,
2004)
found
at:
http://europa.eu.int/eurlex/pri/en/oj/dat/2004/l_162/l_16220040430en00400050.pdf and any other dispute polices that
are found at .EU Registry's website http://www.eurid.eu.
27. For purposes of .EU domain name related services, as used in this Agreement and all other
applicable terms of this Agreement, "DomainPeople" shall mean all and any of each of
DomainPeople, Inc., DomainPeople BV, and/or Hostway (DomainPeople). You acknowledge and
agree that for purposes of all .EU domain name related services, this Agreement is between you and
DomainPeople, Inc., DomainPeople BV and Hostway (DomainPeople).
28. Supplemental Terms and Conditions. The terms and conditions of this Agreement are in addition
to the terms and conditions of all other Agreements related to domain name registrat ion services
provided by DomainPeople.
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SCHEDULE „9‟
Provisions specific to “.MOBI” TLDs
In the case of a “.MOBI” TLD Registration, the following additional terms and conditions shall apply:
Registrant agrees to indemnify to the maximum extent permitted by law, defend and hold harmless
dotMobi, the registry operator of the .mobi TLD (“dotMobi” or “Registry”), 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 relating to the Registrant‟s domain
name registration and or use, and this indemnification obligation survive the termination or
expiration of the registration agreement.
Registrant agrees to indemnify, defend and hold harmless DomainPeople, its subsidiaries
affiliates, and the directors, officers, employees and agents or each of them, from and against
and all claims, damages, liabilities, costs and expenses, including reasonable legal fees
expenses, arising out of or relating to the Registrant‟s domain name registration and or use,
indemnification obligation survive the termination or expiration of the registration agreement.
and
any
and
and
Registrant acknowledges and agrees that notwithstanding anything in this Agreement to the
contrary, dotMobi 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
dotMobi have vested and that dotMobi has relied on its third party beneficiary rights under this
Agreement in agreeing to DomainPeople being a registrar for the .mobi top-level
domain. Additionally, the third party beneficiary rights of dotMobi shall survive any termination or
expiration of this Agreement.
Registrant shall comply with ICANN requirements, standards, policies, procedures, and practices for
which the Registry has monitoring responsibility in accordance with the Registry Agreement or other
arrangement with ICANN.
Registrant shall comply with operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by the Registry in a non-arbitrary manner as Registry
Policies, applicable to all registrars and/or Registrants, and consistent with the Registry Agreement
shall be effective upon thirty days notice by the Registry to Registrar.
Registrant consents to the use, copying, distribution, publication, modification and other processing
of Registrant's Personal Data by the Registry and its designees and agents in a manner consistent
with the purposes specified pursuant to Subsection 4.6 and with relevant mandatory local data
protection, laws and privacy.
Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP").
Registrant agrees to immediately correct and update the registration information for the registered
Name during the registration term for the Registered Name.
Registrant acknowledges and agrees to be bound by the terms and conditions of the .mobi initial
launch and general operations of the Registry TLD, including without limitation the Limited Industry
Launch, the Sunrise Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the
Premium Name Allocation process, and the General Registration Period, and further to acknowledge
that the Registry and the Registry Service Provider has no liability of any kind for any loss or liability
resulting from the proceedings and processes relating to the Limited Industry Launch, the Sunrise
Period, the Land Rush Period, the Sunrise Dispute Resolution Policy, the Premium Name Allocation
Process, and the General Registration Period including, without limitation: (a) the ability or inability
of a registrant to obtain a registered Name during these periods, and (b) the results of any dispute
made during the Limited Industry launch or over a Sunrise Registration.
Registrant acknowledges and agrees that the Registry and DomainPeople, acting in consent with the
Registry, reserves the right to deny, cancel or transfer any registration that it deems necessary, in
its discretion (i) to protect the integrity and stability of the registry; (ii) to comply with all applicable
laws, government rules or requirements, requests of law enforcement, in compliance with any
dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of the Registry as
well as its affiliates, subsidiaries, officers, directors, representatives, employees, and stockholders;
(iv) for violations of the terms and conditions herein; or (v) to correct mistakes made by the
Registry or any registrar in connection with a domain name registration, and the Registry also
reserves the right to freeze a Registered Name during resolution of a dispute.
Registrant acknowledges and agrees that they must comply with the requirements, standards,
policies, procedures and practices set forth in the dotMobi Style Guide (www.mtld.mobi) and
consent to the monitoring of the website as described in the dotMobi Style Guide monitoring
guidelines (www.mtld.mobi) for compliance with the Style Guide.
Furthermore, Registrant
acknowledges and agrees that this Style Guide is subject to modification by the Registry with any
such changes appearing at the previously designated URL, and that Registrant must promptly
comply with any such changes in the time allotted.
Registrant acknowledges and agrees that Proxy or Proxy Registrations shall not be allowed during
the Sunrise Period, the Limited Industry Launch and the Premium Name Allocation and Auction
Period, and in such an instance shall constitute a material breach to this contract.
Regsitrant acknowledges and agrees that if the domain name being registered is a dotMobi Premium
Name, as such are listed at http://mtld.mobi/domain/premium, then use of the domain is also
subject to the terms and conditions of the dotMobi Premium Name Agreement (formerly known as
the “dotMobi Auction Agreement”) posted at http://mtld.mobi/node/1135, which is incorporated by
reference herein. Upon termination or expiration of the dotMobi Premium Name Agreement in
accordance with the terms thereof, (i) any and all rights of Registrant to the Registration, the
Registration Code, and/or to create, launch, and/or operate the website shall be terminated, and all
such rights shall revert to dotMobi and (ii) dotMobi may grant Registration rights to the Domain
and/or rights to the Registration Code to any entity or person in its sole discretion, and Registrant
shall have no rights or recourse against dotMobi and/or Registrar relating to the registration or use
of the Domain and/or Registration Code by any other such entity or person.
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SCHEDULE „10‟
Provisions Specific to “.TW” ccTLDs
In the case of a “.TW” ccTLD Registration, Registrant also agrees to any additional terms and
conditions (amendments and modifications thereto) and Domain Name Dispute Resolution Policy
and Procedures required by the TWNIC Registry in connection with any of the DNR Services
provided hereunder. Such policies and procedures shall be found at the website of the
Registry. For your convenience, the current URLs for such policies and procedures are listed
below. Although this information is believed to be correct, it is not guaranteed and Registrant is
solely responsible for ascertaining the contents of any such policies and procedures and any
amendments or modifications thereto. Registrant agrees that, by continuing to use the DNR
Services provided hereunder after amendments or modifications to the applicable Registry policies
and procedures become effective, Registrant has agreed to such amendments or
modifications. Neither DomainPeople nor the TWNIC Registry shall refund any fees paid by
Registrant upon such termination. Registrant represents and warrants that any order it submits for
registrations or other DNR Services provided hereunder shall be compliant with the TWNIC Registry
policies, procedures, terms and conditions.
Registrant further agrees that DomainPeople and/or the TWNIC Registry may suspend any of its
ccTLD services and/or terminate this Agreement without notice (i) in order to prevent damage to or
degradation of its network integrity which may be cause by you and/or your customers, (ii) to
comply with any law, regulation, court order, or other government request or order, (iii) for
violation of DomainPeople or the TWNIC Registry‟s published Privacy Policies, or (iv) for other
behaviour that in DomainPeople or the TWNIC Registry‟s sole discretion may be deemed to be illegal
or otherwise to protect DomainPeople or the TWNIC Registry from legal liability.
In addition to the obligations as contained herein, Registrar shall also obey, comply with and be
bound by TWNIC rules and regulations, including but not limited to:
1. Supervision and Guidance Regulation for Internet Protocol (IP) Address and Domain Name
Registration and Management DNR Services (currently at http://www.twnic.net.tw/file/ip0320.htm).
2.
Guidelines
for
Administration
of
Domain
http://www.twnic.net.tw/english/dn/dn_02.htm).
Name
Registration
(currently
at
3. Guidelines for Authorization of Domain Name Registration DNR Services (Currently at
http://www.twnic.net.tw/english/dn/dn_07.htm)
4.
TWNIC
Domain
Name
Dispute
http://www.twnic.net.tw/english/dn/dn_04.htm).
Resolution
5.
Rules
for
TWNIC
Domain
Name
Dispute
http://www.twnic.net.tw/english/dn/dn_04a.htm).
Policy
Resolution
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SCHEDULE „11‟
PROVISIONS SPECIFIC TO “.ASIA” TLDs
Policy
(currently
(currently
at
at
In the case of a “.ASIA” TLD Registration, the following additional terms and conditions will apply:
1.
Definitions. Where there is a conflict between the definitions herein this Schedule and the
definitions in the body of the Agreement above, the following shall supersede and control with
respect to all .ASIA TLD Registrations:
(a) Applicant: means a person or other legal entity seeking to use the services of
DomainPeople and/or Pool to become a Registrant of a .ASIA domain name, and the
Applicant Party to this Agreement;
(b) Participant: means a person or other legal entity whose name appears on the Registry
qualified Auction list, and being the Applicant, or the Applicant‟s agent (e.g. the OPN
Contact as defined by the Registry and/or DomainPeople acting as agent for the
Applicant), who actively participates in the Auction;
(c) Parties: means DomainPeople and the Applicant;
(d) Party: means either DomainPeople or the Applicant as the context requires;
(e) Pool: means Pool.com Inc., an Ontario corporation with offices at 26 Auriga Dr. Ottawa,
ON, Canada, K2E 8B7;
(f) Registrar/Applicant Agreement: means this Agreement entered into between the
Registrar and the Applicant; and
(g) Registry : means DOTASIA Organisation Limited.
2.
Agency. Applicant agrees that any and all actions taken by the Participant are actions
taken on the Applicant‟s behalf, and with its full authority, and it ratifies any and all such actions.
3.
Contract for the Benefit of Third Parties. Pool and the Registry are, and shall be an
intended as, third party beneficiaries of this Agreement. As such, Applicant acknowledges and
agrees that the third party beneficiary rights of Pool and the Registry have vested and that each of
Pool and the Registry have relied on its third party beneficiary rights under this Agreement in
providing the auction platform to the Applicant. The third party beneficiary rights of Pool and the
Registry shall survive any termination or expiry of this Agreement. For the avoidance of doubt, the
Applicant and the Registrar acknowledge and agree that this Agreement is for the exclusive benefit
of the Pool and the Registry, and does not give rise to any obligations of Pool or the Registry.
4.
Terms and Technical or other Failures. Pool‟s standard terms and conditions posted at
[http://www.pool.com/terms.aspx], as the same may be amended or replaced from time to time,
are hereby incorporated by reference herein and expressly agreed to by the Applicant. The
agreements and acknowledgements of Applicant herein are in addition to, and not in substitution of,
the provisions in favour of Pool set forth in such standard terms and conditions.
In the event of any technical or other failure of Pool‟s auction platform, or any allegation by any
Applicant, Participant, or Registrar, DomainPeople acknowledges and agrees that Registry may in its
discretion re-open the Auction.
5.
Disclaimer of Warranty. THE PRODUCTS OR SERVICES PROVIDED BY POOL (THE “POOL
SERVICES”) ARE PROVIDED “AS-IS” AND WITHOUT ANY WARRANTY OF ANY KIND. POOL
EXPRESSLY DISCLAIMS ALL WARRANTIES AND/OR CONDITIONS, EXPRESS OR IMPLIED,
INCLUDING, BUT NOT LIMITED TO, THE IMPLIED WARRANTIES AND CONDITIONS OF
MERCHANTABILITY AND SATISFACTORY QUALITY AND FITNESS FOR A PARTICULAR PURPOSE AND
NONINFRINGEMENT OF THIRD PARTY RIGHTS. POOL DOES NOT WARRANT THAT THE SERVICES
WILL MEET THE APPLICANT‟S REQUIREMENTS, OR THAT THE OPERATION OF THE SERVICES WILL
BE UNINTERRUPTED OR ERROR-FREE, OR THAT DEFECTS IN THE SERVICES WILL BE CORRECTED.
FURTHERMORE, POOL DOES NOT WARRANT NOR MAKE ANY REPRESENTATIONS REGARDING THE
USE OR THE RESULTS OF THE SERVICES IN TERMS OF CORRECTNESS, ACCURACY, RELIABILITY,
OR OTHERWISE.
6.
Limitation of Liability. IN NO EVENT SHALL POOL‟S MAXIMUM AGGREGATE LIABILITY
ARISING OUT OF OR RELATED TO THE PROVISION OF SERVICES OR OTHERWISE UNDER THIS
AGREEMENT FROM ANY CAUSE EXCEED $ 100.00. IN NO EVENT SHALL POOL BE LAIABLE FOR ANY
SPECIAL, INDIRECT, INCIDENTAL, PUNITIVE, EXEMPLARY OR CONSEQUENTIAL DAMAGES OR ANY
DAMAGES RESULTING FROM LOSS OF PROFITS OR BUSINESS INTERRUPTION ARISING OUT OF OR
IN CONNECTION WITH THIS AGREEMENT OR THE SERVICES PROVIDED BY POOL, EVEN IF POOL
HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
7.
Indemnity.
Applicant shall release, indemnify, defend and hold harmless Pool, its
subsidiaries and affiliates, and the employees, directors, officers, representatives, agents and
affiliates of each of the (collectively, the “Indemnitiees”) against any claim or alleged claim, suit,
action, proceeding, and the costs or expenses of same, including actual attorneys‟ fees and
expenses, relating to or arising from the Applicant‟s domain name registration, the Applicant‟s or
Registrar‟s use of any domain name, or the Applicant‟s use, directly or indirectly through
DomainPeople, of Pool‟s auction or other services.
8.
Additional Registrant Obligations.
(a) Registrant shall comply with ICANN requirements, standards, policies, procedures, and
practices for which the Registry Operator DotAsia Organisation Limited has monitoring
responsibility in accordance with the Registry Agreement or with other arrangements
with ICANN.
(b) Registrant shall comply with operational standards, policies, procedures, and practices
for the .ASIA Registry as established from time to time by DotAsia in a non-arbitrary
manner as Registry Policies, applicable to all registrars and/or Registrants, and
consistent with the Registry Agreement shall be effective upon thirty (30) days notice
by DotAsia to Registrar.
(c) Registrant consents to the use, copying, distribution, publication, modification and
other processing of Registrant's Personal Data by DotAsia Organisation Limited and its
designees and agents in a manner consistent with the purposes specified pursuant to
the Registry-Registrar Agreement and with relevant mandatory local data protection,
laws and privacy
(d) Registrant agrees to submit to proceedings commenced under ICANN‟s Uniform Domain
Name Dispute Resolution Policy (“UDRP”) and to proceedings commenced under
ICANN‟s Charter Eligibility Dispute Resolution Policy (“CEDRP”)
(e) Registrant acknowledges and agrees to comply with the .ASIA Charter Eligibility
Requirement, and acting as Registrant Contact represents and warrants that it has
made known to the Charter Eligibility Declaration Contact (the “CED Contact”), and the
CED Contact has agreed, that the Registrant Contact and the CED Contact will jointly
be defined as the Registrant, and that it shall be jointly responsible for the Registered
Name, including but not limited to, its usage, management, and any related liabilities.
The CED Contact further agrees that the Registrant Contact shall remain the Operating
Contact for all operations of the domain, including but not limited to domain transfer
and updates.
(f) Registrant agrees to be bound by the terms and conditions of the .ASIA initial launch
and the general operations of the .ASIA TLD, including without limitation its Start-Up
Policies where such terms and conditions include the submission to a binding arbitration
for disputes arising from the Start-Up process or any allocation of domain names.
(g) Registrant acknowledges and agrees that DotAsia and Afilias Limited, a company
incorporated under the laws of Ireland and having its principle offices at Office 110, 52
Broomhill Road, Tallaght, Dublin 24, its successors and assigns as designated by
DotAsia (“Registry Services Provider”), acting in consent with DotAsia, reserves the
right to deny, cancel or transfer any registration that it deems necessary, in its sole
discretion (i) to protect the integrity security, and stability of the registry; (ii) to comply
with all appropriate laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (iii) to avoid any
liability, civil or criminal, on the part of DotAsia as well as its affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders; (iv) for violations of
the terms and conditions herein: or (v) to correct mistakes made by DotAsia, the
Registry Services Provider or any registrar in connection with a domain name
registration. DotAsia also reserves the right to freeze a Registered Name such as
placing a domain name on hold, lock, or other status during the resolution of a dispute.
(h) Registrant agrees to submit to proceedings commenced under other dispute resolution
policies as set forth by DotAsia from time to time in the Registry Policies, including but
not limited to expedited processes for suspension of a domain name by claims sought
by intellectual property right holders, Internet engineering and security experts or
other competent claimants in the purpose of upholding the stability, security and
integrity of the .ASIA Registry.
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SCHEDULE „12‟
Provisions specific to “.NAME” TLDs
In the case of a “.name” TLD Registration, the following additional terms and conditions shall apply:
1.
Registrant agrees to indemnify to the maximum extent permitted by law, defend and hold
harmless Global Name Registry Limited (“GNR”), the registry operator of the .name TLD
(“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 relating to the Registrant‟s domain name registration and or use.
Notwithstanding the other provisions in this Agreement, the Registrant agrees that this
indemnification obligation shall survive the termination or expiration of this registration
agreement.
2.
Registrant acknowledges and agrees that notwithstanding anything in this Agreement to the
contrary, GNR 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
GNR have vested and that GNR has relied on its third party beneficiary rights under this
Agreement in agreeing to DomainPeople being a registrar for the .name top-level
domain. Additionally, the third party beneficiary rights of GNR shall survive any termination or
expiration of this Agreement.
3.
Registrant shall comply with ICANN requirements, standards, policies, procedures, and practices
for which Registry Operator has monitoring responsibility in accordance with its Registry
Agreement or other arrangement with ICANN.
4.
Registrant shall comply with operational standards, policies, procedures, and practices for the
Registry TLD established from time to time by Registry Operator in a non-arbitrary manner as
Registry Policies, applicable to all registrars and/or Registrants, and consistent with the Registry
Agreement shall be effective upon thirty days notice by Registry Operator to Registrar. If there
is a discrepancy between the terms required by this Agreement and the terms required by the
Registry Operator‟s Registry-Registrar Agreement, the terms of the Registry-Registrar
Agreement shall prevail. The .name Registry-Registrar Agreement is available online at:
http://www.icann.org/tlds/agreements/name/appendix-08-15aug07.htm.
5.
6.
Registrant consents to the use, copying, distribution, publication, modification and other
processing of Registrant's Personal Data by Registry Operator and its designees and agents in a
manner consistent with the purposes specified pursuant to Subsection 4.6 and with relevant
mandatory local data protection, laws and privacy.
7.
Registrant agrees to submit to proceedings commenced under ICANN's Uniform Domain Name
Dispute Resolution Policy ("UDRP").
8.
Registrant agrees to immediately correct and update the registration information for the
registered Name during the registration term for the Registered Name.
9.
Registrant acknowledges and agrees to be bound by the terms and conditions of the .name
initial launch and general operations of the Registry TLD, including without limitation the
Sunrise Period, the Land Rush Period, or the Sunrise Dispute Resolution Policy, and further to
acknowledge that Registry Operator has no liability of any kind for any loss or liability resulting
from the proceedings and processes relating to the Sunrise Period, the Land Rush Period, or the
Sunrise Dispute Resolution Policy, without limitation: (a) the ability or inability of a registrant to
obtain a registered Name during these periods, and (b) the results of any dispute over a
Sunrise Registration.
10. Registrant acknowledges and agrees that the Registry and DomainPeople, acting in consent
with the Registry, reserves the right to deny, cancel or transfer any registration or transaction,
or place any registered item on registry lock, hold or similar status, or additionally for second
level domain name email forwarding implement throttling/blocking and/or size limitations, that
it deems necessary, in its discretion (i) to protect the integrity and stability of the registry; (ii)
to comply with all applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (iii) to avoid any liability, civil
or criminal, on the part of the Registry as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders; (iv) for violations of the terms and conditions
herein; or (v) to correct mistakes made by the Registry or any registrar in connection with a
domain name registration, and the Registry also reserves the right to freeze a Registered Name
during resolution of a dispute.
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SCHEDULE „13‟
Provisions specific to “.UK” TLDs
In the case of a “.UK” TLD Registration, the following additional terms and conditions shall apply:
1.
Registrant agrees to any additional terms and conditions (amendments and modifications
thereto), including, without limitation, provisions regarding indemnity, fees, term/termination,
privacy, limitation of the Registry‟s liability, and the dispute resolution service (altogether the
“Terms and Conditions”) required by the Registry, Nominet UK (“Nominet”), in connection with
any of the DNR Services provided hereunder. To complete the registration process for a .uk
TLD, you must also have read, understood, and agreed to be bound by the Terms and
Conditions found online at http://www.nominet.org.uk/nominet-terms and are incorporated
herein by reference.
2.
Registrant is solely responsible for ascertaining the contents of the Terms and Conditions and
any amendments or modifications thereto. Registrant agrees that, by continuing to use the
DNR Services provided hereunder after amendments or modifications to Nominet‟s Terms and
Conditions become effective, Registrant has agreed to such amendments or modifications.
3.
Registrant understands and agrees that unless terminated earlier pursuant to the Terms and
Conditions, Nominet will enter the Domain on the register for two years. Renewal of the
Domain must be performed pursuant to the Terms and Conditions.
4.
In the event of any Domain dispute, Registrant agrees to submit to Nominet‟s dispute
resolution service, the policy, procedure, and rules for which can be found online:
a.
b.
c.
5.
The policy: http://www.nominet.org.uk/disputes/drs/policy/
The procedure: http://www.nominet.org.uk/disputes/drs/procedure/
The rules: http://www.nominet.org.uk/registrants/aboutdomainnames/rules/
Registrant acknowledges and agrees that the Nominet reserves the right to deny, cancel or
transfer any registration or transaction, or place any registered item on registry lock, hold or
similar status, or additionally for second level domain name email forwarding implement
throttling/blocking and/or size limitations, that it deems necessary, in its discretion (i) to
protect the integrity and stability of the registry; (ii) to comply with all applicable laws,
government rules or requirements, requests of law enforcement, in compliance with any
dispute resolution process; (iii) to avoid any liability, civil or criminal, on the part of Nominet as
well as its affiliates, subsidiaries, officers, directors, representatives, employees, and
stockholders; (iv) for violations of the terms and conditions herein; or (v) to correct mistakes
made by Nominet or any registrar in connection with a domain name registration, and Nominet
also reserves the right to freeze a Domain during resolution of a dispute.
6.
In the event of any discrepancy between the terms of required by this Agreement and the
terms required by the Terms and Conditions, the terms of the most recently published Terms
and Conditions at http://www.nominet.org.uk/nominet-terms) shall prevail.
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SCHEDULE „14‟
PROVISIONS SPECIFIC TO “.TEL” TLDs
In the case of a “.TEL” TLD Registration, the following additional terms and conditions will apply:
1.
Additional Terms and Conditions. Registrant agrees to any additional terms and conditions
(amendments and modifications thereto), including, without limitation, provisions regarding
indemnity, fees, term/termination, privacy, limitation of the Registry‟s liability, and the dispute
resolution service (altogether the “Terms and Conditions”) required by the Registry, Telnic
Limited (“Telnic”), in connection with any of the DNR Services provided hereunder. To complete
the registration process for a .tel TLD, Registrant must also have read, understood, and agreed
to be bound by the terms and conditions of Telnic‟s Acceptable Use Policy found online at
http://www.telnic.org/downloads/AUP.pdf and are incorporated herein by reference.
2.
Use of Registrant Information. Registrant consents to the use, copying, distribution, publication,
modification and other processing of the Registrant Information by Telnic, its service providers,
subcontractors and agents in a manner consistent with Telnic's posted privacy policy at
http://www.telnic.org/legal.html, Telnic's WHOIS policy and all other purposes of collection
notified to DomainPeople by Telnic.
3.
Uniform Domain Name Dispute Resolution Policy. Registrant will submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP").
4.
Launch and Sunrise Programs. Registrant will agree to be bound by the policies relating to the
initial launch of the Telnic TLD, such as the Sunrise Policy (found online at
http://www.telnic.org/launch-sunrise.html) and any applicable Landrush requirements, and will
acknowledge that Telnic has no liability of any kind for any loss or liability resulting from any
such policies or requirements, including, without limitation: (a) the ability or inability of a
registrant to obtain a Domain during these periods, and (b) the results of any dispute over a
Sunrise registration.
5.
Compliance with TLD Requirements. Registrant's use of the Domain shall comply with all
applicable TLD requirements, including, but not limited to, the Acceptable Use Policy (found
online here: http://www.telnic.org/downloads/AUP.pdf) and the Sunrise Policy.
6.
TelHosting Customer Agreement. Registrant acknowledges and agrees that Telnic will provide,
via accredited service providers, Domain Name System (“DNS”) hosting services for the Domain
(“TelHosting Services”). Registrant is solely and fully responsible for all information, data and
text (“Content”) provided connection with the Domain. The name service provider, its service
providers and designees shall have the right (but not the obligation) in their sole discretion to
refuse or remove any Content. Registrant will not use the TelHosting Services or provide
Content such that it could (a) violate any applicable local, state or national law, (b) give rise to
criminal, civil or other liability to the name service provider, its service provider or designees, or
(c) damage the reputation of the name service provider, its service provider or designees. If
Registrant provides Content about a third party or employer, Registrant hereby represents and
warrants that it has (a) provided notice to that third party of the disclosure and use of that
party‟s information in connection with the Domain, and (b) obtained that third party‟s express
consent to the disclosure and use of that party‟s information.
Furthermore, Registrant
represents and warrants that:
(i) to its knowledge, the Content does not and will not infringe upon or otherwise violate
the rights of any third Party;
(ii) it does not intend to use the Content for any unlawful purposes;
(iii) it will not knowingly submit Content in violation of any applicable laws or regulations or
of the rights of any third parties; and
(iv) it will comply with the TLD Requirements.
Registrant expressly consents to the use of Content by Telnic and its service providers to
provide the Services, to conduct analyses related to the TelHosting Services, and as otherwise
described in Telnic‟s posted privacy policy.
7.
Right to Deny, Cancel or Transfer a Registration. Registrant acknowledges and agrees that both
DomainPeople and Telnic individually reserve the right to deny, cancel or transfer any
registration or transaction, or place any Domain(s) on registry lock, hold or similar status, that
it deems necessary, in its discretion: (a) to protect the integrity and stability of the registry; (b)
to comply with any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on
their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and
employees; (d) per the terms of the registration agreement; (e) to correct mistakes in
connection with a Registration; (f) to enforce the TLD requirements; and (g) to prevent use of
the Domain in a manner contrary to the intended purpose of the Telnic TLD. DomainPeople also
reserves the right to lock, hold or place a similar status a Domain during resolution of a dispute.
Neither DomainPeople nor Telnic shall have any liability to of any kind to Registrant, its
customers, affiliates, service providers or any other party as a result of such denial, cancellation
or transfer.
8.
Representations and Warranties. By submitting a request for a Domain, Registrant represents
and warrants that:
(i) to its knowledge, the registration of the requested Domain does not and will not
infringe upon or otherwise violate the rights of any third party;
(ii) it is not submitting the request for a domain name for an unlawful purposes, and it will
not use the Domain for an unlawful purpose;
(iii) it will not knowingly use the Domain in violation of any applicable laws or regulations or
of the rights of any third parties; and
(iv) that it will use the Domain in accordance with the TLD requirements.
9.
Communications with Registrant. Telnic may communicate directly with the Registrant in
connection with issues relating to a Domain and the Registrant's membership of the .tel
community. Registrant will respond promptly to such communications from Telnic and will
resolve any errors in content notified to Registrant.
10. Jurisdiction and Applicable Law. Any dispute, controversy or claim between the Registrant and
Telnic relating to a Domain or a request for a Domain shall be subject to the laws of England
and Wales and the exclusive jurisdiction of the courts in England and Wales.
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SCHEDULE „15‟
PROVISIONS SPECIFIC TO “.IN” TLDs
In the case of a “.IN” TLD Registration, the following additional terms and conditions will apply:
1.
Proxy/Privacy Services. Any kind of proxy services are not allowed, and if the data is wrong or
masked out by any proxy/ privilege protection services, the Registrant shall not be recognized
as the owner of the Domain.
2.
No illegal/ obscene Content. The Registrant undertakes that it shall not register a Domain which
is contrary to public policy and that the content of the website shall not violate any Indian Laws.
3.
Lawful Usage of Domain Name. The Registrant shall use the Domain in such a way that it does
not violate any third-party rights, applicable laws or regulations, including discrimination on the
basis of race, language, sex or religion and the Registrant further warrants that it shall not
register or use the Domain in bad faith or for any unlawful purpose. .IN Registry considers
illegal or fraudulent actions, spamming, using email in denial-of-service attacks, phishing,
pharming, botnet command and control, distribution of pornography, illegal access to other
computer and networks etc. as abusive use of domain name. .IN Registry reserves the right to
suspend the Domain in such cases and initiate action accordingly. Further, fast flux hosting may
be used only with prior permission of .IN Registry.
4.
Fees and Payment. Payment of any fees due, for which the Registrant is solely liable, must be
made with the Registry via Registrar. .IN Registry is not responsible for any failure on the part
of the Registrar (here DomainPeople) in this respect, including where such failure results in
non-registration or cancellation of the Domain.
5.
Limitation of Liability. The Registrant shall be liable for any costs, expenses or damages
incurred by the .IN Registry for any breach of the additional terms and conditions of this
Schedule 16. Furthermore, the Registrant shall hold the .IN Registry harmless from claims filed
or disputes initiated by third parties to this Agreement, and shall compensate the .IN Registry
for any costs or expenses incurred or damages it may suffer through third parties taking action
against it on the grounds that the application for the registration or the use of the Domain by
the Registrant infringes the rights of said third parties.
6.
Renewal of the Domain Name Registration. Registrant understands that the .IN Registry is
under no obligation to inform the Registrant in advance when the term of a Domain Registration
is about to expire. Registrant is fully responsible for ensuring that renewal is done in a timely
manner.
7.
Suspension/ Cancellation of Domain Names. The .IN Registry shall be entitled to immediately
suspend or cancel the Registration, when the Registrant is in breach of the Terms and
Conditions as enshrined here.
8.
.IN Dispute Resolution Policy and Procedure (INDRP). Registrant is required to submit to
mandatory arbitration proceedings in the event a complainant files a complaint with .IN Registry,
against Registrant on the basis of unlawful Registration. The arbitration proceedings shall be
conducted by one of .IN Registry Empanelled Arbitrators, in accordance with Dispute Resolution
Policy and Procedure and Arbitration & Conciliation Act, 1996.
9.
Reservation of Rights for the .IN Registry. The .IN Registry reserves the right to instruct its
Registry Services Provider to deny, cancel, transfer or otherwise make unavailable any
registration that it deems necessary or place any domain name(s) on registry lock and/or put a
Domain on hold in its discretion: (1) to protect the integrity and stability of .IN Registry; (2) to
comply with any applicable laws, Indian government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil
or criminal, on the part of the .IN Registry, as well as its affiliates, subsidiaries, officers,
directors, representatives and employees; (4) for violations of this Schedule 15; or (5) to
correct mistakes made by the Registry or any Registrar in connection with a domain name
registration. The .IN Registry also reserves the right to freeze a Domain during resolution of a
dispute pending before arbitrator(s) appointed under the INDRP and/or a court of competent
jurisdiction.
10. Additional Policies of the .IN Registry. The .IN Registry reserves the right to impose additional
policies, terms, or conditions to govern the registration of a .IN Domain. You agree to review
all such additional policies as can be found online at: http://www.registry.in.
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SCHEDULE „16‟
Provisions Specific To CentralNic Domain Extensions
CentralNic Ltd. (“CentralNic”) is the Registry provider of certain second-level string domain
extensions (see table below) (individually and together, the “CentralNic Domain(s)”).
In the case of a Registration of a CentralNic Domain, the following additional terms and conditions
will apply:
1.
Additional Terms and Conditions. Registrant agrees to any additional terms and conditions
(amendments and modifications thereto), including, without limitation, provisions regarding
indemnity, fees, term/termination, privacy, limitation of the Registry‟s liability, and the dispute
resolution service (altogether the “Terms and Conditions”) required by CentralNic, in connection
with any of the DNR Services provided hereunder. To complete the registration process for a
CentralNic Domain, Registrant must also have read, understood, and agreed to be bound by
CentralNic‟s
Registration
terms
and
conditions
found
online
at
https://www.centralnic.com/support/terms/domains and incorporated herein by reference.
2.
Domain Name Dispute Resolution Policy. Registrant agrees that all disputes regarding
CentralNic Domains will proceed pursuant to CentralNic‟s Domain Name Dispute Resolution
Policy found online at http://www.centralnic.com/support/dispute and incorporated herein by
reference.
3.
Fees. Registrant understands and agrees that CentralNic is entitled to (but is not obligated to)
invoice you directly for the Registration and for the renewal of the Registration on or before the
renewal date. If Registrant receives such an invoice, payment must be made to CentralNic
within the period stated on the invoice. If CentralNic does not receive payment within such
period CentralNic is entitled, at its option, either to suspend or to delete the Registration from
the database, and if so deleted, the Domain may be made available for registration to the public.
If suspended, CentralNic reserves the right to charge you for resumption of the Registration.
4.
Registration Term. Registration terms range from two (2) to ten (10) years for “.INFO”
Domains with the exception of “.INFO” Sunrise Domains, which have a registration range of five
(5) to ten (10) years.
5.
Right to Deny, Cancel or Transfer a Registration. Registrant acknowledges and agrees that both
DomainPeople and CentralNic individually reserve the right to deny, cancel or transfer any
registration or transaction, or place any Domain(s) on registry lock, hold or similar status, that
it deems necessary, in its discretion: (a) to protect the integrity and stability of the Registry;
(b) to comply with any applicable laws, government rules or requirements, requests of law
enforcement, or any dispute resolution process; (c) to avoid any liability, civil or criminal, on
their part, as well as on the part of their affiliates, subsidiaries, officers, directors, and
employees; (d) per the terms of the registration agreement; (e) to correct mistakes in
connection with a Registration; (f) to enforce the CentralNic terms and conditions; and (g) to
prevent use of the Domain in a manner contrary to the intended purpose of the CentralNic
Domains (including but not limited to use of the Domain in illegal activity). DomainPeople also
reserves the right to lock, hold or place a similar status a Domain during resolution of a dispute.
Neither DomainPeople nor CentralNic shall have any liability to of any kind to Registrant, its
customers, affiliates, service providers or any other party as a result of such denial, cancellation
or transfer.
TABLE OF CENTRALNIC DOMAIN EXTENSIONTS
SECOND-LEVEL STRING
DOMAIN EXTENSION
ASSOCIATED GEOGRAPHICAL LOCATION
.com.de
Germany
.us.org
United States
.eu.com
European Union
.uk.com
United Kingdom
.uk.net
United Kingdom
.us.com
United States
.la
Los Angeles
.cn.com
China
.de.com
Germany
.jpn.com
Japan
.kr.com
Korea
.no.com
Norway
.za.com
South Africa
.br.com
Brazil
.ar.com
Argentina
.ru.com
Russia
.sa.com
Saudi Arabia
.se.com
Sweden
.se.net
Sweden
.hu.com
Hungary
.gb.com
Great Britain
.gb.net
Great Britain
.qc.com
Quebec
.uy.com
Uruguay
.ae.org
United Arab Emirates
.gr.com
Group, Greece, Grand Rapids / USA
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SCHEDULE „17‟
Provisions Specific To Other ccTLDs
In the case of a Registration in any of the ccTLDs listed below, Registrant also agrees to any
additional terms and conditions (amendments and modifications thereto) required by each
applicable Registry or partner registrar in connection with any of the DNR Services provided
hereunder. Such policies shall be found at the website of each Registry or such partner
registrar. For your convenience, the current URLs for such websites are listed in this Schedule
16. Although this information is believed to be correct, it is not guaranteed and Registrant is solely
responsible for ascertaining the contents of any such policies and any amendments or modifications
thereto. Registrant agrees that, by continuing to use the DNR Services provided hereunder after
amendments or modifications to the applicable Registry policies become effective, Registrant has
agreed to such amendments or modifications. Neither DomainPeople nor any Registry shall refund
any fees paid by Registrant upon such termination. Registrant represents and warrants that any
order it submits for registrations or other DNR Services provided hereunder shall be compliant with
all applicable Registry policies, terms and conditions.
Registrant further agrees that in the case of certain domain name registrations (A) Registry
reserves the right to instruct DomainPeople to deny, cancel, transfer or otherwise make unavailable
any registration that it deems necessary, in its discretion: (1) to protect the integrity and stability of
Registry; (2) to comply with any applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process; (3) to avoid any liability, civil or
criminal, on the part of Registry, as well as its affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders; (4) for violations of their registration agreement; or
(5) to correct mistakes made by Registry or any registrar in connection with a domain name
registration and (B) Registry reserves the right to place on LOCK, HOLD, or similar status any
domain name during resolution of a dispute.
Registrant warrants to have read and reviewed, and hereby expressly agrees to bound by, the
appropriate additional polices, terms, and conditions associated with Registrant‟s Domain extension
(below).
ccTLD EXTENSION
REGISTRY POLICIES
.ac
http://www.nic.ac
(Ascension Island)
.ag
.com.ag
.net.ag
.org.ag
http://www.nic.ag
ADDITIONAL TERMS AND CONDITIONS
http://www.afilias-grs.info/public/policies/ag
(Antigua and Barbuda)
.am
http://dot.am
.at
http://www.nic.at
.be
http://www.dns.be
.bz
http://www.belizenic.bz
.cc
http://www.nic.cc
.co
http://www.cointernet.co/
.fm
http://www.fm
(Armenia)
(Austria)
(Belgium)
(Belize)
(Cocos (Keeling) Islands)
(Columbia)
(Micronesia, Federal State of)
.gs
(South Georgia and the South
Sandwich Islands)
.hn
.com.hn
.net.hn
.org.hn
.edu.hn
http://www.afilias-grs.info/public/policies/bz
http://www.enom.com/terms/agreement.asp
http://www.nic.gs
http://www.nic.hn
http://www.afilias-grs.info/public/policies/hn
(Honduras)
.io
(British Indian Ocean
Territory)
http://www.nic.io/
.it
http://www.nic.it
.jp
http://jprs.jp
.la
http://www.la/
.mn
http://www.nic.mn/
.ms
http://www.adamsnames.tc
.com.mx
http://www.nic.mx
.nl
http://www.domain-registry.nl
.nu
http://www.nunames.nu
(Italy)
(Japan)
(Los Angeles)
(Mongolia)
(Montserrat)
(Mexico)
(Netherlands)
(Niue)
.co.nz
.net.nz
.org.nz
http://www.dnc.org.nz
(New Zealand)
.pl
.com.pl
http://www.dns.pl
https://www.la/terms
.net.pl
.org.pl
.biz.pl
.info.pl (Poland)
.sc
.com.sc
.org.sc
.net.sc
http://www.nic.sc
(Seychelles)
.sh
http://www.nic.sh
.tc
http://www.adamsnames.tc
(Saint Helena)
(Turks and Caicos Islands)
.tk
http://www.dot.tk
.tm
http://www.nic.tm
.tv
http://www.tv
.com.tw
.org.tw
http://rs.twnic.net.tw
(Tokelau)
(Turkmenistan)
(Tuvalu)
(Taiwan)
.co.uk
.me.uk
.org.uk
http://www.nic.uk
(United Kingdom)
.vc
.com.vc
.net.vc
.org.vc
http://www.afiliasgrs.info/public/policies/vc
.vg
http://www.adamsnames.tc
.ws
http://www.samoanic.ws
(St. Vincent and the
Grenadines)
(Virgin Islands, British)
(Samoa)
back to top
http://www.afilias-grs.info/public/policies/sc

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