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REGISTRATION AGREEMENT (version 3.3)
Last Modified : 13th March, 2003 |
The purpose of this Registration Agreement (the "Agreement")
is to specify the terms, conditions and obligations which
a customer agrees to accept by Registrant's conduct of using
the Services of WEB COMMERCE COMMUNICATIONS LIMITED ("REGISTRAR")
(ICANN accredited domain registrar) for all the Generic
Top Level Domain ("gTLDs") registration services.
This Agreement governs Registrant's use of the Domain Name
registered through REGISTRAR and explains the rights and
obligations of Registry Operator, REGISTRAR and Registrant.
Until accepted by Registry Operator, this document constitutes
Registrant's offer to register the Domain Name under the
terms and conditions stated below.
By registering a Domain Name with REGISTRAR, Registrant
acknowledges that it has read and agrees to be bound by
all the terms and conditions of this Agreement, REGISTRAR
Policies, and any other pertinent REGISTRAR rules or policies
that are now or may published by REGISTRAR in the future.
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RECITALS
Registry Operator manages respective Top Level Internet
Domain (TLD) (the ".cc TLD", ".com TLD", ".net TLD", ".org
TLD", ".biz TLD", ".info TLD", ".name TLD" ) as follows,
Verisign, Inc operates ".com", ".net" gTLDs offered by REGISTRAR,
and
Public Interest Registry operates ".org" gTLD offered by
REGISTRAR, and
eNIC, Inc operates ".cc" ccTLD offered by REGISTRAR, and
NeuLevel, Inc operates ".biz" gTLD and ".cn" ccTLD offered
by REGISTRAR, and
Afilias Limited operates ".info" gTLD offered by REGISTRAR,
and
Neustar, Inc (Registry Gateway Provider) and CNNIC, the
Registry operates ".cn" ccTLD offered by REGISTRAR.
WHEREAS, Registry Operator manage and maintain the TLD database
and is responsible for the registration of second level
domain names in the TLD; and
WHEREAS, Registrant desires to register and hold the exclusive
registration to use the Domain as a second level domain
name on the Internet through the services offered by REGISTRAR;
and
WHEREAS, REGISTRAR desires to grant Registrant an exclusive
registration to use the Domain Name for a limited time period
for all lawful purposes, in accordance with the terms and
conditions set forth below, REGISTRAR Policies, and any
other pertinent REGISTRAR rules or policies which are now
existing or which REGISTRAR may publish in the future, upon
payment to REGISTRAR of a Registration Fee;
NOW THEREFORE, in consideration of the Registration Fee
and the covenants stated below, the exclusive registration
of the Domain Name for the term described below subject
to the following terms and conditions: |
TERMS AND CONDITIONS |
| 1. |
REGISTRAR Policies. |
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Registrant acknowledges and understands that by accepting
the terms and conditions of this Agreement, it shall be
bound by REGISTRAR Policies, and any pertinent rules or
policies that exist now or in the future may be published
by REGISTRAR which are posted on http://www.web.cc. REGISTRAR
may modify this Agreement and REGISTRAR Policies from time
to time, and will post at the top of the particular document
the last date upon which it was modified. REGISTRAR is responsible
for publishing REGISTRAR Policies applicable to its Registrants
on REGISTRAR's Site. Registrant is solely responsible for
reviewing the REGISTRAR Policies on a regular basis. Revisions
or modifications to REGISTRAR Policies shall be effective
thirty (30) calendar days after the initial date of posting
such revisions or modifications on REGISTRAR's Site and
shall apply retroactively as of the effective date. Registrant's
failure to review the REGISTRAR Policies not less frequently
than every thirty (30) days will constitute a breach of
this Agreement. REGISTRAR Policies, which Registrant acknowledges
and understands may be changed or modified by REGISTRAR
from time to time, are incorporated into this Agreement
by this reference. By Registrant's use of the Domain Name
following the effective date of any revision of REGISTRAR
Policies, Registrant agrees to be bound by such revisions
of or modifications to REGISTRAR Policies. In the event
Registrant does not wish to be bound by a revision or modification
to the REGISTRAR Policies, Registrant's sole remedy is to
cancel its registration of the Domain Name by following
the appropriate REGISTRAR Policy regarding such cancellation.
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| 2. |
Registration Fee. |
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Registrant shall pay to REGISTRAR the Registration Fee
rate applicable as of the date the Registrant submits its
Domain Name Registration Application. Payment of Registration
Fees shall be made in accordance with the REGISTRAR Policies
effective at the time the Registrant submits such Registration
Application. If payment is being made by credit card, Registrant
hereby expressly authorizes REGISTRAR to charge the credit
card submitted by Registrant to pay for Registrant's registration
of the Domain Name. |
| 3. |
Registrant Information. |
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Registrant shall ensure that: (i) the information submitted
by Registrant in connection with the Domain Name registration
or otherwise ("Registrant Information") is true, current,
complete, accurate, and reliable; and (ii) Registrant shall
maintain, update, and keep Registrant Information true,
current, complete, accurate, and reliable. REGISTRAR reserves
and may exercise the right to terminate Registrant's Domain
Name registration if (i) information provided by Registrant
is false, inaccurate, incomplete, unreliable, misleading
or otherwise secretive; or (ii) Registrant fails to maintain,
update, and keep Registrant Information true, current, complete,
accurate, and reliable. Registrant acknowledges that a breach
of this Section 3 will constitute a material breach of this
Agreement which will entitle REGISTRAR to terminate this
Agreement immediately upon such breach without any refund
of the Registration Fee and without notice to Registrant.
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| 4. |
Use and Disclosure of Registrant Information. |
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Registrant concedes and acknowledges that REGISTRAR may
make directly available to third parties, or publicly available,
some, or all, of the Registrant Information, for inspection
(through REGISTRAR's WHOIS service) and other purposes as
required or permitted by applicable laws or policies. Registrant
hereby consents to any and all such disclosures and use
of, and guidelines, limits and restrictions on disclosure
or use of, information provided by Registrant in connection
with the registration of the Domain Name (including any
updates to such Registrant Information), whether during
or after the term of registration of the Domain Name. Registrant
hereby irrevocably waives and releases any and all claims
and causes of action it may have arising from such disclosure
or use of Registrant's Registrant Information. REGISTRAR
will have no liability to Registrant nor to any third party
with respect to any loss, misuse, unauthorized access or
disclosure or use, or alteration or destruction, of Registrant
Information. |
| 5. |
Agents. |
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Registrant understands, acknowledges and agrees that
by using the Domain Name, Registrant ratifies and is bound
by this Agreement even if an agent (such as an Internet
Service Provider, domain name retailer, or employee) entered
into this Agreement on Registrant's behalf, and even if
Registrant has not itself read this Agreement. Further,
Registrant is responsible for all information submitted
by its agent. REGISTRAR will not cancel this Agreement,
or refund any fees paid to it, because of errors or omissions
of the agent in the registration process (e.g., if such
agent provides incorrect information) or because of errors
or omissions in changes to Registrant's Domain Name registration,
without Registrant's actual consent, as such apparent authority
will suffice to bind Registrant. By acting on Registrant's
behalf, such agent represents and warrants to Registrant
and REGISTRAR that the agent is authorized to bind Registrant
hereto and that it has fully and thoroughly advised Registrant
of the terms and conditions of this Agreement.
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| 6. |
Term and Renewal Term. |
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Registrant's exclusive registration of the Domain Name
shall continue for a term specified by Registrant at the
time of registration (the "Registration Term"). If the Domain
Name Registration is not renewed prior to the last day of
the Registration Term, REGISTRAR reserves the right to terminate
the Domain Name Registration as of the last day of Registration
Term without further notice to Registrant. |
| 7. |
Scope of Registration. |
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Upon the effective date of registration, Registrant will
be entitled to exclusive use of the Domain Name. However,
Registrant shall not use, display, exploit, or register
a Domain Name which action may constitute illegal activity
or be in contravention or violation of REGISTRAR Policies.
Registrant acknowledges that a breach of this Section 7
will constitute a material breach of this Agreement which
will entitle REGISTRAR to terminate this Agreement immediately
upon such breach without any refund of the Registration
Fee. REGISTRAR may, in its sole discretion, refuse registration
of Registrant's desired Domain Name within thirty (30) calendar
days from receipt of payment by REGISTRAR. In case of such
refusal, REGISTRAR shall refund to Registrant the applicable
Registration Fee. REGISTRAR shall not be liable for any
loss, damage, or other injury whatsoever resulting from
REGISTRAR's refusal to register Registrant's desired Domain
Name. |
| 8. |
Registrant Representations and Warranties. |
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Registrant represents, warrants, and guarantees that
(i) Registrant understands that use of the Domain Name may
be subject to applicable laws, including those concerning
trademarks and other types of intellectual property; (ii)
to the best of the Registrant's knowledge and belief, neither
the registration of the Domain Name nor the manner in which
it is to be directly or indirectly used infringes the intellectual
property rights of another party; (iii) Registrant understands
that use of the Domain Name is subject to all terms and
conditions of this Agreement, REGISTRAR Policies, and any
other pertinent rule or policies now existing or which REGISTRAR
may publish in the future and from time to time; (iv) Registrant
does register and will use, display, or exploit the Domain
Name in good faith, in accordance with international, federal,
and state laws and regulations, and will not use the Domain
Name in any way which may violate a subsisting right of
any party; and (v) the information provided by the Registrant
is true and accurate, and Registrant will update said information
immediately if it changes. |
| 9. |
REGISTRAR Representations and Warranties. |
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REGISTRAR represents, warrants, and guarantees that (i)
REGISTRAR is the delegated and authorized manager of the
TLD; and (ii) REGISTRAR has the full right, power, legal
capacity, ability, and authority to enter into this Agreement,
and to carry out the terms and conditions hereof notwithstanding
the disclaimer below. REGISTRAR's breach or misrepresentation
of these warranties shall constitute a material breach of
this Agreement. In the event of such material breach by
REGISTRAR, Registrant's only recourse against REGISTRAR
shall be to terminate its Agreement with REGISTRAR and recover
actual damages which shall not exceed the amount of money
paid to REGISTRAR by Registrant for the Domain Name Registration
Fee. REGISTRAR EXPRESSLY DISCLAIMS ALL OTHER WARRANTIES
OF ANY KIND OR NATURE, WHETHER EXPRESS OR IMPLIED, INCLUDING,
BUT NOT LIMITED TO THE IMPLIED WARRANTIES OF MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE, AND AGAINST INFRINGEMENT.
REGISTRAR DOES NOT GUARANTEE ANY INFORMATION PROVIDED TO
REGISTRANT BY IT OR ITS AGENTS NOT INCORPORATED INTO THIS
AGREEMENT AND, ACCORDINGLY, NO SUCH INFORMATION CREATES
ANY EXPRESS OR IMPLIED WARRANTY. REGISTRAR'S SERVICES ARE
PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS.
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| 10. |
Breach of Agreement or REGISTRAR Policies. |
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Failure of Registrant to abide by any provision of this
Agreement or REGISTRAR Policies may be considered a material
breach. In the event of such material breach, REGISTRAR
may, but shall not be required to, provide a written note
to Registrant describing the breach. In the event a written
notice is given, Registrant shall have thirty (30) days
to cure such breach or to provide evidence reasonably satisfactory
to REGISTRAR that there is no breach of this Agreement or
REGISTRAR Policies. In the event of a breach that is not
cured or refuted by Registrant to REGISTRAR's satisfaction,
REGISTRAR may cancel Registrant's Domain Name registration
without refund and without further notice and pursue any
and all legal remedies it may have against Registrant. Any
such breach by Registrant shall not be deemed excused because
REGISTRAR did not act earlier in response to the breach
by Registrant. Registrant expressly agrees that, notwithstanding
anything to the contrary in this paragraph 10, REGISTRAR
shall not be required to provide a notice of breach if such
breach arises from Registrant's failure to pay fees due
to REGISTRAR, Registrant's violation of state, federal or
international laws or statutes, or REGISTRAR is acting under
an order issued by a court of law or other governmental
entity. |
| 11. |
Disputes Involving Registrants. |
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Registrant acknowledges that REGISTRAR cannot, and does
not, screen or otherwise review Domain Name applications
to verify that Registrant has legal rights to use a particular
word or term used in the Domain Name. In the event any party
disputes Registrant's legal right to use, display, exploit,
or register the Domain Name in any fashion, REGISTRAR and
Registrant shall act in accordance with the Dispute Policy
as set forth hereafter. Registrant is strongly encouraged
to, prior to applying for registration of the Domain Name,
perform a trademark search with respect to the words and/or
phrases comprising the Domain Name. Registrant will be solely
liable in the event Registrant's use of a Domain Name constitutes
an infringement or other violation of a third party's rights.
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| 12. |
DOMAIN NAME THE DISPUTE POLICY. |
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Registrant agrees that, if Registrant's use of a Domain
Name is challenged by a third party, Registrant will be
agrees to be bound by ICANN Uniform Dispute Registration
Policy as this policy may be in effect at the time any dispute
arises regarding claims by third parties to any rights to
Registrant's Domain Name. This Dispute Policy is incorporated
herein and made a part of this Agreement by reference. The
current version of the Dispute Policy and applicable rules
may be found at: http://www.icann.org/udrp/.
Please take time to familiarize the policy.
Registrant acknowledges and agrees that registration of
a Domain Name shall, for the following reasons, be subject
to suspension, cancellation, or transfer pursuant to any
policy adopted by ICANN, as well as to any procedures of
REGISTRAR not inconsistent with ICANN adopted policy: (i)
to correct mistakes made by REGISTRAR or other ICANN accredited
registrars and the registry operator in the registration
of a Domain Name; and (ii) for the resolution of disputes
concerning a Domain Name. |
| 13. |
DOMAIN NAME DISPUTES. |
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Registrant agrees that in the event a Domain Name dispute
arises with any third party, Registrant will indemnify and
hold REGISTRAR harmless pursuant to the terms and conditions
set forth below in this Agreement. If REGISTRAR is notified
that a complaint has been filed with a judicial or administrative
body regarding Registrant's use of a Domain Name (the "Disputed
Domain"), Registrant agrees not to make any changes to the
Disputed Domain's record without REGISTRAR's prior approval.
REGISTRAR may not allow Registrant to make changes to such
Disputed Domain's record until (i) REGISTRAR is directed
to do so by the judicial or administrative body, or (ii)
REGISTRAR receives notification by Registrant and the other
party contesting Registrant's registration and use of the
Disputed Domain that the dispute has been settled. Furthermore,
Registrant agrees that if Registrant is subject to litigation
regarding Registrant's registration and use of the Disputed
Domain, REGISTRAR may deposit control of the Disputed Domain
into the REGISTRAR of the judicial body by supplying a party
with a registrar certificate from REGISTRAR. Registrant
agrees that REGISTRAR will comply with all court orders,
domestic or international, directed against Registrant and/or
the Disputed Domain registration. |
| 14. |
Indemnity. |
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Registrant shall defend, indemnify, and hold harmless
Registry Operators, REGISTRAR and its officers, directors,
shareholders, owners, managers, employees, agents, contractors,
affiliates, premier partners and attorneys ("REGISTRAR Related
Parties") from and against any and all claims of third parties
or made by Registrant, including, but not limited to all
loss, liability, claims, demands, damages, cost or expense,
causes of action, suits, proceedings, judgments, awards,
executions and liens, including reasonable attorneys' fees
(which attorneys shall be hired at the sole discretion of
REGISTRAR) and costs (including claims without legal merit
or brought in bad faith), relating to or arising under this
Agreement, use of REGISTRAR's Domain Name registration or
other services, or to the Domain Name itself, including
Registrant's use, display, exploitation, or registration
of the Domain Name, as well as for infringing or otherwise
damaging content displayed or otherwise made available via
the Domain Name. If REGISTRAR is threatened by claims or
suit of a third party, REGISTRAR may seek written assurances
from the Registrant concerning the Registrant's obligation
to indemnify REGISTRAR. Failure to provide such written
assurances is a material breach of this Agreement. Failure
of Registrant to fully indemnify REGISTRAR in a timely manner
will result in termination of Registrant's registration
to the Domain Name; such termination of the Domain Name
shall in no way prejudice REGISTRAR's right to seek the
indemnity by way of litigation or otherwise. |
| 15. |
Disclaimer; Limitation of Liability. |
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REGISTRY OPERATORS AND REGISTRAR SHALL NOT BE LIABLE
FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL
DAMAGES, INCLUDING LOSS OF PROFITS, RELATING TO THE USE,
OR THE INABILITY TO USE, THE DOMAIN NAME, OR IN ANY OTHER
WAY RELATED TO THE DOMAIN NAME, REGARDLESS OF THE FORM OF
ACTION, WHETHER IN CONTRACT, TORT (INCLUDING NEGLIGENCE),
OR OTHERWISE. ADDITIONALLY, REGISTRAR AND REGISTRAR RELATED
PARTIES SHALL NOT BE LIABLE WHATSOEVER FOR ANY LOSSES OR
DAMAGES THAT REGISTRANT MAY INCUR AS A RESULT OF UNAUTHORIZED
USE OF THE DOMAIN NAME ARISING FROM "HACKING" OR OTHERWISE,
OR FOR LACK OF FITNESS FOR A PARTICULAR PURPOSE OF THE DOMAIN
NAME. FINALLY, REGISTRAR IS NOT LIABLE WHATSOEVER FOR ANY
DAMAGES THAT REGISTRANT MAY SUFFER BECAUSE OF SERVICE OR
SYSTEM FAILURE, INCLUDING DOMAIN NAME SYSTEM FAILURE, ROOT
SERVER FAILURE, INTERNET PROTOCOL ADDRESS FAILURE, ACCESS
DELAYS OR INTERRUPTIONS, DATA NON-DELIVERY OR MIS-DELIVERY,
ACTS OF GOD, UNAUTHORIZED USE OF PASSWORDS, ERRORS, OMISSIONS
OR MIS-STATEMENTS IN ANY INFORMATION OR OTHER SERVICES PROVIDED
UNDER THIS AGREEMENT, DELAYS OR INTERRUPTIONS IN DEVELOPMENT
OF WEB SITES, RE-DELEGATION OF THE TLD, OR BREACH OF SECURITY,
EVEN IF REGISTRAR HAS BEEN ADVISED OF THE POTENTIAL FOR
SUCH DAMAGES, AND EVEN IF REGISTRAR MAY FORESEE SUCH POSSIBLE
DAMAGES. REGISTRANT'S SOLE REMEDY FOR REGISTRAR'S BREACH
OF THIS AGREEMENT SHALL BE A REFUND OF THE REGISTRATION
FEE OR RENEWAL FEE (IF THE BREACH OCCURS DURING A RENEWAL
TERM) PAID TO REGISTRAR, WHICH REMEDY REGISTRANT ACKNOWLEDGES
CONSTITUTES THE ONLY POSSIBLE DIRECT DAMAGES FLOWING FROM
THIS AGREEMENT. REGISTRANT'S SOLE REMEDY FOR AN ACTION NOT
FLOWING FROM THIS AGREEMENT (IN TORT OR OTHERWISE) SHALL
BE LIMITED TO THE AMOUNT OF MONEY PAID TO REGISTRAR BY THE
REGISTRANT. |
| 16. |
Notices. |
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Notices required to be delivered hereunder to REGISTRAR
or Registrant shall be delivered by registered or certified
official Mail of a country, postage prepaid, or by reputable
commercial courier service (e.g., Federal Express) in the
manner of quickest delivery (i.e., overnight delivery, if
possible). Notices to Registrant shall be delivered to the
address stated in the Registrant Information submitted by
Registrant, unless Registrant submits a modification to
such information, in accordance with the then current REGISTRAR
policy relating to domain name information modifications,
in which case Notices to Registrant shall be delivered to
the address in the most recent Domain Modification Form;
and Notices to REGISTRAR shall be delivered to the address
stated below, unless REGISTRAR posts a different address
at http://www.web.cc/contact.html, in which case Notices
to REGISTRAR shall be delivered to that address. Notices
delivered by reputable commercial courier service in the
manner of quickest delivery shall be deemed delivered three
(3) business days following dispatch. Notices mailed by
registered or certified official Mail of a country shall
be deemed delivered seven (7) business days after mailing.
Send Notices to REGISTRAR at: Web Commerce
Communications Limited
Lot3, Jalan SS13/4,Subang Jaya Industrial Estate,
47500, Subang Jaya,Selangor, MALAYSIA
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| 17. |
Governing Law/Forum Selection. |
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This agreement is governed by the laws of the State of
Washington, USA applicable to contracts made and performed
in the State of Washington, without regard to conflict of
laws principles. Registrant hereby consents to the exclusive
personal jurisdiction of the courts in Seattle, King County,
Washington, USA for any and all claims or disputes arising
out of, to enforce, construe, or otherwise relating to the
Domain Name, this Agreement, or REGISTRAR Policies. The
exclusive venue for such action shall be the United States
District Court for the Western District of Washington in
downtown Seattle. If such dispute does not fall within the
jurisdiction of the United States federal courts, then the
exclusive venue for such action shall be the Superior Court
of the state of Washington in Seattle, King County, Washington
USA. Registrant waives any right to object to venue or jurisdiction
based on inconvenient forum or for any other reason, and
Registrant waives any statutory or other right pursuant
to the laws of the jurisdiction in which Registrant resides
to have a case relating to this Agreement adjudicated or
resolved in that jurisdiction. |
| 18. |
Severability. |
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If any provision of this Agreement is held invalid, unenforceable,
or void, the remainder of the Agreement shall not be affected
thereby and shall continue in full force and effect as nearly
as possible to reflect the original intention of REGISTRAR
and Registrant in executing this Agreement. |
| 19. |
No Waiver. |
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The failure of either party at any time to enforce any
right or remedy available to it under this Agreement with
respect to any breach or failure by the other party shall
not be a waiver of such right or remedy with respect to
any other breach or failure by the other party.
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| 20. |
Full Integration. |
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This Agreement, together with REGISTRAR Policies expressly
incorporated herein by reference, constitutes the entire
agreement between Registrant and REGISTRAR relating to the
Domain Name. No prior or contemporaneous written, oral,
and electronic representation, negotiation, or agreement
form a part of this Agreement, and this Agreement supersedes
all prior written, oral, or electronic agreements between
Registrant and REGISTRAR relating to the Domain Name.
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| 21. |
Written Agreement. |
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This Agreement constitutes a written agreement between
Registrant and REGISTRAR even though Registrant's offer
underlying the Agreement may be dispatched electronically,
and even though REGISTRAR may accept this Agreement electronically.
A printed version of this Agreement, and of any notice given
in electronic form related to this Agreement, shall be admissible
in judicial or administrative proceedings to the same extent,
and subject to the same restrictions, as other business
contracts, documents, or records originally generated and
maintained in printed form. |
| 22. |
Force Majeure. |
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Registrant acknowledges and agrees that under any circumstances,
REGISTRAR shall not be liable to Registrant for failures
or delays in performing REGISTRAR's obligations hereunder
arising from any cause beyond REGISTRAR's reasonable control,
including but not limited to, acts of God, acts of civil
or military authority, fires, wars, riots, earthquakes,
storms, typhoons and floods. In the event of any such delay,
the time for REGISTRAR's performance shall be extended for
a period equal to the time lost by reason of the delay,
which shall be remedied with all due dispatch in the circumstances.
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| 23. |
Foreign Language; Controlling Language. |
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In the event Registrant is reading this Agreement in
a language other than the English language, Registrant acknowledges
and agrees that the English language version hereof shall
prevail in case of inconsistency or contradiction in interpretation
or translation. |
| 24. |
Additional Registry Requirements. |
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The following provisions apply to any domain names that
was registered through REGISTRAR in the relevant registry(ies).
A. (.INFO) with Respect to any registration of a .INFO second
level domain name, Registrant agree to the following terms:
(i) Registrant agreed to allow for the use, copying, distribution,
publication, modification, and other processing of Registrant's
Personal Data by Afilias, and its designees and agents in
a manner consistent with the purposes specified pursuant
in its contract.
(ii) Registrant agree to submit to proceedings under ICANN's
Uniform Domain Name Dispute Policy (UDRP) and comply with
the requirements set forth by Afilias for domain names registered
during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to
modification by Afilias in its discretion.
(iii) Registrant agree to immediately correct and update
the registration information for the .INFO registered domain
name during registration term for such domain name; failure
to correct this information shall constitute a breach of
this Agreement.
(iv) Registrant acknowledge that Afilias, will have no liability
of any kind for any loss or liability resulting from the
proceedings and processes relating to the Sunrise Period
or the Land Rush Period, including, without limitation:
(a) the ability or inability of a registrant to obtain a
given domain name during these periods, and (b) the results
of any dispute over a Sunrise Registration.
(v) REGISTRAR and Afilias, expressly reserve the right to
deny, cancel or transfer any registration that either shall
deem necessary, in its discretion, to protect the integrity
and stability of the .INFO 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 REGISTRAR and/or Afilias as well as their affiliates,
subsidiaries, officers, directors and employees. REGISTRAR
and Afilias also reserve the right to lock a domain name
during resolution of a dispute.
B. (.BIZ) With respect to any registration of a .BIZ second
level domain name, Registrant agree to the following terms:
(i) Registrant agreed that all registrations of .biz TLD
must be used or intended to be used primarily for bona fide
business or commercial purposes. "bona fide business or
commercial use" shall mean the bona fide use or bona fide
intent to use the domain name or any content, software,
materials, graphics or other information thereon, to permit
Internet users to access one or more host computers through
the DNS:
- To exchange goods, services, or property of any kind;
- In the ordinary course of trade or business; or
- To facilitate (i) the exchange of goods, services,
information, or property of any kind; or, (ii) the ordinary
course of trade or business. Registering a domain name
solely for the purposes of (1) selling, trading or leasing
the domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for
compensation shall not constitute a "bona fide business
or commercial use" of that domain name.
(ii) As a .biz domain name registrant, Registrant hereby
certify that:
- The registered domain name will be used primarily
for bona fide business or commercial purposes and not
(i) exclusively for personal use; or (ii) solely for
the purposes of (1) selling, trading or leasing the
domain name for compensation, or (2) the unsolicited
offering to sell, trade or lease the domain name for
compensation. For more information on the .biz restrictions,
which are incorporated herein by reference, please see:
http://www.neulevel.com/countdown/registrationRestrictions.html
- Registrant has the authority to enter into this Agreement;
and
- The registered domain name is reasonably related
to business or intended commercial purpose at the time
of registration.
(iii) As part of the registration process, Registrant is
required to provide and update the Registrant information
and to keep it current, complete and accurate. The information
includes (a) the full name, postal address, e-mail address,
voice telephone number, and fax number if available for
all the Technical contact, Billing contact and Administrative
contact for the domain name (b) the name of an authorized
person for contact purposes in the case of a registrant
that name (b) the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; (c) the IP addresses of the
primary nameserver and any secondary nameserver(s) for the
domain name; (d) the corresponding names of those nameservers;
and (e) any remark concerning the registered domain name
that should appear in the Whois directory. Registrant agree
and understand that the foregoing registration data will
be publicly available and accessible on the Whois directory
as required by ICANN/Registry Policy and may be sold in
bulk in accordance with the ICANN Agreement.
(iv) Registrant hereby represent any information collected
by REGISTRAR concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with
the registration of the domain name(s) and for the purposes
of this Agreement and as required or permitted by the ICANN
Agreement or any ICANN/Registry Policy.
(v) Registrant agree to be bound by the domain name dispute
policy that is incorporated herein and made a part of this
Agreement. In addition, Registrant acknowledged that he
have read, understood and agree to be bound by the terms
and conditions of the following documents, as they may be
amended from time to time, which are hereby incorporated
and made an integral part of this Agreement:
The STOP sets forth the terms and conditions in connection
with a dispute between a registrant of a .biz domain name
("Registrant") with any third party (other than Registry
Operator or Registrar) over the registration or use of a
.biz domain name registered by Registrant that is subject
to the Intellectual Property Claim Service. The Intellectual
Property Claim Service a service introduced by Registry
Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain name has been registered in which
that Claimant claims intellectual property rights. In accordance
with the STOP and its associated Rules, those Claimants
will have the right to challenge registrations through independent
ICANN-accredited dispute resolution providers. The UDRP
sets forth the terms and conditions in connection with a
dispute between a Registrant and any party other than the
Registry Operator or Registrar over the registration and
use of an Internet domain name registered by Registrant.
The RDRP sets forth the terms under which any allegation
that a domain name is not used primarily for business or
commercial purposes shall be enforced on a case-by-case,
fact specific basis by an independent ICANN-accredited dispute
provider. None of the violations of the Restrictions will
be enforced directly by or through Registry Operator. Registry
Operator will not review, monitor, or otherwise verify that
any particular domain name is being used primarily for business
or commercial purposes or that a domain name is being used
in compliance with the SUDRP or UDRP processes.
(vi) Registrant agree that REGISTRAR may modify the dispute
policy and will post any such revised policy on our Web
site at least thirty (30) calendar days before it becomes
effective on the registration of Registrant's domain name.
In the event that Registrant do not agree to any of such
modification, Registrant may terminate this Agreement and
REGISTRAR will not refund any fees paid if Registrant chose
to terminate the Registration Agreement with REGISTRAR.
(vii) Registrant agree that in the event the utilization
of any REGISTRAR domain name registration services is challenged
by a third party, Registrant will be subject to the provisions
specified in REGISTRAR dispute policy in effect at the time
of the dispute. Registrant agree that in the event a domain
name dispute arises with any third party, Registrant will
indemnify and hold REGISTRAR harmless pursuant to the terms
and conditions set forth below in this Agreement. In the
event that REGISTRAR is notified that a complaint has been
filed with a judicial or administrative body regarding Registrant's
use of our domain name registration services, Registrant
agree not to make any changes to the domain name record
without our prior approval. REGISTRAR may not allow Registrant
to make any changes to such domain name record until (a)
directed by the judicial or administrative body, or (b)
REGISTRAR receive notification by Registrant and the other
party contesting the domain name registration confirmed
that the dispute has been settled. In the event of any of
the abovementioned dispute arise, REGISTRAR may deposit
control of the disputed domain name record into the registry
of the judicial body by supplying a party with a registrar
certificate from REGISTRAR.
(viii) REGISTRAR and NeuLevel, Inc. expressly reserve the
right to deny, cancel or transfer any registration that
either 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 REGISTRAR and/or NeuLevel, Inc., as well as
their affiliates, subsidiaries, officers, directors and
employees. REGISTRAR and NeuLevel, Inc. also reserve the
right to freeze a domain name during resolution of a dispute.
C. (.CN) With respect to any registration of a .cn second
level and third level domain name, Registrant agree to the
following terms:
(i) Registrant represent and certify that, to the best of
knowledge and belief, (a) 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, (b)
Registrant have the requisite power and authority to enter
into this Agreement and to perform the obligations hereunder,
(c) Registrant are of legal age to enter into this Agreement,
and (d) Registrant agree to comply with all the 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:
(ii) As part of the registration process, Registrant is
required to provide and update the Registrant information
and to keep it current, complete and accurate. The information
includes (a) the full name, postal address, e-mail address,
voice telephone number, and fax number if available for
all the Technical contact, Billing contact and Administrative
contact for the domain name (b) the name of an authorized
person for contact purposes in the case of a registrant
that name (b) the name of an authorized person for contact
purposes in the case of a registrant that is an organization,
association, or corporation; (c) the IP addresses of the
primary nameserver and any secondary nameserver(s) for the
domain name; (d) the corresponding names of those nameservers;
(e) any remark concerning the registered domain name that
should appear in the Whois directory and (f) any other data
CNNIC, as the Registry, requires to be submitted. Registrant
agree and understand that the foregoing registration data
will be publicly available and accessible on the Whois directory
pursuant to the CNNC Policy. Any information collected by
REGISTRAR concerning an identified or identifiable natural
person ("Personal Data") will be used in connection with
the registration of the domain name(s) and for the purposes
of this Agreement and as required or permitted by the CNNIC.
(iii) The .cn top-level domain space is intended for businesses
and organizations and not for individual use. By registering
a .cn domain name, Registrant hereby represent that the
domain name is registered on behalf of a business or organization.
(iv) The maximum term for a domain name registration in
the .cn TLD shall be five (5) years. Domain Name Registrations
shall be available for terms of one, two, three, four and
five years.
(v) Registrant may not register or use a domain name that
is deemed by CNNIC to:
- 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.
(vi) Registrant stated on the registrant record shall be
and 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
name. Registrant accept liability for harm caused by wrongful
use of the domain name.
(vii) By registering a second or third-level .cn domain
name through REGISTRAR, Registrant agree to be also bound
by the CNNIC Domain Name Dispute Resolution Policy & Rules
for CNNIC Domain Name Dispute Resolution Policy ("Dispute
Policy"), http://www.cnnic.net.cn/ruler/20.shtml,
which is incorporated herein and made a part of this Agreement
by reference. In addition, Registrant hereby acknowledge
that they have read and understood and agree to be bound
by the terms and conditions of the policies of the CNNIC,
as may be amended from time to time, and which are hereby
incorporated and made an integral part of this Agreement.
(viii) 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 (a) of the Registrant's
domicile, (b) where Registrar is located, and (c) the People's
Republic of China.
(ix) For the adjudication of a dispute concerning or arising
from use of the domain name, such dispute shall be governed
under the Laws of the Peoples Republic of China.
(x) Registrant agree that the registration of the domain
name shall be subject to suspension, cancellation, or transfer
pursuant to any CNNIC adopted specification or policy, or
pursuant to any registrar or CNNIC procedure inconsistent
with a CNNIC adopted specification or policy, (a) to correct
mistakes by Registrar or the CNNIC in registering the name
or (b) for the resolution of disputes concerning the domain
name.
(xi) The Registrant shall indemnify and hold harmless to
REGISTRAR, Neustar Inc, 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
(a) domain name registration and (b) use of any of a domain
name.
(xii) REGISTRAR, Neustar Inc, and CNNIC reserve the right
to deny, cancel or transfer any registration that may deem
necessary, in their 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, in compliance with any dispute resolution process,
(c) to avoid any liability, civil or criminal, on the part
of CNNIC, the Registry Gateway Provider or REGISTRAR, as
well as their affiliates, subsidiaries, officers, directors,
representatives, employees, and stockholders, (d) for violations
of this Agreement, or (e) to correct mistakes made by Registry
Gateway Provider, CNNIC or any registrar in connection with
a domain name registration. CNNIC, Registry Gateway Provider
and REGISTRAR also reserve the right to freeze a domain
name during resolution of a dispute.
THIS AGREEMENT IS EFFECTIVE AND BINDING as of the date of
acceptance hereof by REGISTRAR (i.e., the date of registration
of the Domain Name). |
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