NamIT cc Terms and Conditions
1. Domain Name Registration Agreement
This NamIT cc Domain Name Registration Agreement ("Agreement") is
by and between NamIT cc and You, Your heirs, agents, successors
and assigns ("You"), and is made effective as of the date of electronic
execution. This Agreement sets forth the terms and conditions of Your
use of NamIT cc's Domain Name Registration and represents the
entire agreement between You and NamIT cc. By participating in
this transaction, You acknowledge that You have read, understand and
agree to be bound by all the terms and conditions of this Agreement,
including our dispute policy and the ICANN Transfer Dispute Resolution
Policy along with any new, different or additional terms, conditions or
policies, including the Universal Terms of Service which NamIT cc
may establish from time to time. Such Agreements may be found here.
In addition to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with NamIT cc, whether or not the transactions were in
Your behalf. You acknowledge that NamIT cc's acceptance of any
application made by You for services provided by NamIT cc will
take place at the Internet Corporation for Assigned Names and Numbers
("ICANN") accredited registrar's offices located in Scottsdale, Arizona,
USA.
You acknowledge that NamIT cc is a registrar bound by an agreement
between NamIT cc and ICANN. You agree that NamIT cc may
modify this agreement in order to comply with applicable law and the
terms and conditions set forth by the ICANN and/or the Registry
Administrator chosen by ICANN, as well as any registration rules or
policies that may be published from time to time by NamIT cc .
Domain registration and billing proccess
After You either make a payment at the end of domain registration wizard or pay the corresponding invoice from Registrant CP,
you must log in to Your Registrant CP and complete registration of the domain.
Since the domain remains available for registration to anyone until You complete registration,
it can be registered by another registrant in the time span between the payment and registration completion.
You are responsible to a potential failure of domain registration caused by this delay.
In this case, no funds will be returned to you automatically. You must open a dispute to get your funds returned to you.
To avoid such issues, please complete domain registration as soon as possible, right after the payment is made.
1.1. fees
In consideration for the services and products ("service")
purchased by You and provided to You by NamIT cc, You agree to pay
NamIT cc at the time service is provided. Payment is to be made by paying corresponding invoice using on of the available online payment methods.
You understand
that ICANN requires NamIT cc to collect a small registration fee
when you purchase your domain name registration. You agree to pay such
fees. Payments are non-refundable. If for any reason NamIT cc is
unable to charge Your Payment Method for the full amount owed
NamIT cc for the service provided, or if NamIT cc is charged
a penalty for any fee it previously charged to your Payment Method, You
agree that NamIT cc may pursue all available remedies in order to
obtain payment. You agree that among the remedies NamIT cc may
pursue in order to effect payment, shall include but will not be limited
to, immediate cancellation without notice to You of any domain names
registered or renewed on Your behalf. NamIT cc reserves the right
to charge a reasonable service fee for administrative tasks outside the
scope of its regular services. These include, but are not limited to,
customer service issues that cannot be handled over email but require
personal service, and disputes that require legal services. These
charges will be billed to the Payment Method we have on file for You.
You may change your Payment Method at any time by logging into Your
Registrant CP.
Domain Name Renewals
When You register a domain name, You have the option to elect that the
domain name be automatically renewed upon reaching the expiration date.
Automatic renewal is the default setting, which You must deactivate if
You do not want Your domain name(s) to be automatically renewed. Unless
You disable the automatic renewal option, NamIT cc will
automatically renew, for a period equivalent to the length of your
original registration, any domain name that is up for renewal and will
take payment from the Payment Method You have on file with
NamIT cc, at NamIT cc's then current rates. Thus, if you
have chosen to register your domain name for one year, NamIT cc
will automatically renew it for one year. If you have chosen to register
your domain name for two years, NamIT cc will automatically renew
it for two years, and so on. Domain name renewals will be non
refundable. If for any reason NamIT cc is not able to take the
payment from the Payment Method You have on file, and You fail to
respond to our notices, Your domain name registration will expire. It is
Your responsibility to keep Your Payment Method information current,
which includes the expiration date if you are using a credit card. If
You do not elect that the domain name be automatically renewed, You have
the responsibility of logging into Your
Registrant CP for that domain
name and manually implementing the renewal by the expiration date
(should You in fact want the domain name to be renewed). In this case,
if You fail to manually implement the renewal in a timely fashion the
domain name will be cancelled and You will no longer have use of that
name. You agree that NamIT cc will not be responsible for
cancelled domain names that You fail to renew, either automatically or
manually. In any case, if You fail to renew Your domain name in a timely
fashion, additional charges may apply. If You signed up for domain
masking, domain forwarding, or any other similar service, with Your
domain registration, these services may be automatically renewed when
Your domain registration is up for renewal, and You may incur an
additional renewal fee unless You cancel in advance.
If you fail to renew your domain name, you agree that NamIT cc
may, at its sole discretion, renew your expired domain name on your
behalf. If NamIT cc decides to renew your expired domain name on
your behalf you will have a Renewal Grace Period during which you may
reimburse NamIT cc for the renewal and keep your domain name. The
Renewal Grace Period is currently 12 days but subject to change under
the terms of Section 2 of this Agreement. If you do not reimburse
NamIT cc for the renewal during the Renewal Grace Period your
domain name will be placed on Hold and flagged for deletion after which
you will have a 30 day redemption period during which you may pay
NamIT cc a Redemption fee and redeem your domain name. The
Redemption fee is currently $80 USD and is subject to change under the
terms of Section 2 of this agreement. If you do not redeem your domain
name prior to the end of the 30 day redemption period NamIT cc
may, at its sole discretion, delete your domain name or transfer it to
another registrant on your behalf.
If your domain is deleted, the Registry also provides a 30 day
Redemption Grace Period during which you may pay NamIT cc a
redemption fee and redeem your domain name. The redemption fee is
currently $80 USD and is subject to change under the terms of Section 2
of this agreement. If you do not redeem your domain name prior to the
end of the Registry’s Redemption Grace Period the Registry will release
your name and it will become available for registration on a
first-come-first-served basis.
1.2. term of agreement; modifications
The term of this agreement shall
continue in full force and effect as long as You have any domain name
registered through NamIT cc. You agree that You will not transfer
any domain name registered through NamIT cc to another domain name
registrar during the first sixty (60) days from its initial registration
date. You further agree that NamIT cc may charge You a small fee
if You cancel Your domain within the five (5) day grace period after
registering Your domain with NamIT cc and NamIT cc refunds
the price of Your domain. NamIT cc will not charge You a fee if
NamIT cc cancels Your domain name during this period because of
fraud. Provided, however, the five (5) day grace period does not apply
to Premium Domains, which are non-refundable.
You agree that NamIT cc may modify this agreement from time to
time. NamIT cc may also discontinue services it provides under
this agreement. You agree to be bound by any changes NamIT cc may
reasonably make to this agreement when such changes become effective.
Should You elect to cancel Your agreement with NamIT cc You will
not receive a refund for any fees You may have paid to NamIT cc.
You agree that NamIT cc shall not be bound by any representations
made by third parties who You may use to purchase services from
NamIT cc, and that any statements of a general nature, which may
be posted on NamIT cc's web site or be contained in
NamIT cc's promotional materials, will not bind NamIT cc.
1.3. up to date information use of information and expiration
You agree
to notify NamIT cc within five (5) business days when any of the
information You provided as part of the application and/or registration
process changes. It is Your responsibility to keep this information in a
current and accurate status. Failure by You, for whatever reason, to
provide NamIT cc with accurate and reliable information on an
initial and continual basis, shall be considered to be a material breach
of this agreement. Failure by You, for whatever reason, to respond
within five (5) business days to any inquiries made by NamIT cc to
determine the validity of information provided by You, shall also be
considered to be a material breach of this agreement. You agree to
retain a copy for Your record of the receipt for purchase of Your domain
name.
You agree that for each domain name registered by You, the following
contact data is required: postal address, email address, telephone
number, and if available, a facsimile number for the registered name
holder and, if different from the registered name holder, the same
contact information for, a technical contact, an administrative contact
and a billing contact
You acknowledge and agree that domain name registration requires that
this contact information, in whole or in part, be shared with the
registry operator. As required by ICANN, this information must also be
made publicly available by means of Whois, and that the registry
operator may also be required to make this information publicly
available by Whois. Both NamIT cc and the registry operator may be
required to archive this information with a third party escrow service.
You hereby consent and give permission for all such requirements and
disclosures. Further, You represent and warrant that, if You are
providing information about a third party, You have notified the third
party of the disclosure and the purpose for the disclosure and You have
obtained the third party's consent to such disclosure.
You agree that for each domain name registered by You the following
information will be made publicly available in the Whois directory as
determined by ICANN Policy and may be sold in bulk as set forth in the
ICANN agreement:
The domain name Your name and postal address The email address, postal
address, voice and fax numbers for technical and administrative contacts
The Internet protocol numbers for the primary and secondary name servers
The corresponding names of the name servers The original date of
registration and expiration date You agree that, to the extent permitted
by ICANN, NamIT cc may make use of the publicly available
information You provided during the registration process. If You engage
in the reselling of domain names You agree to provide any individuals
whose personal information You've obtained, information about the
possible uses of their personal information pursuant to ICANN policy.
You also agree to obtain consent, and evidence of consent, from those
individuals for such use of the personal information they provide.
1.4. dispute resolution policy
You agree to be bound by our current
Dispute Resolution Policy. This policy is incorporated herein and made a
part of this agreement. You can view the Uniform Domain Name Dispute
Resolution Policy online. You agree that NamIT cc may from time to
time modify its Dispute Resolution Policy. NamIT cc will post any
changes to its Dispute Resolution Policy at least 30 days before they
become effective. You agree that by maintaining Your domain name
registrations with NamIT cc after the updated policy becomes
effective that You agree to the Dispute Resolution policy as amended.
You agree to review NamIT cc's web site periodically to determine
if changes have been made to the Dispute Resolution Policy. If You
cancel Your agreement with NamIT cc as a result of the modified
Dispute Resolution policy no fees will be refunded to You.
You agree that if a dispute arises as a result of one or more domain
names You have registered using NamIT cc, You will indemnify,
defend and hold NamIT cc harmless as provided for in this
agreement. You also agree that if NamIT cc is notified that a
complaint has been filed with a governmental, administrative or judicial
body, regarding a domain name registered by You using NamIT cc,
that NamIT cc, in its sole discretion, may take whatever action
NamIT cc deems necessary regarding further modification,
assignment of and/or control of the domain name deemed necessary to
comply with the actions or requirements of the governmental,
administrative or judicial body until such time as the dispute is
settled. In this event You agree to hold NamIT cc harmless for any
action taken by NamIT cc.
1.5. transfer of domain names; resale practices
If You transfer any domain
name You agree to provide the information required by, and to abide by,
the procedures and conditions set forth in our Domain Transfer Agreement
. You may view the latest version of our Domain Transfer Agreement
online. In order to further protect Your domain, any domain registered
with NamIT cc or transferred to NamIT cc shall be placed on
lock status. The domain must be placed on unlock status in order to
modify any of the Whois information including the name servers, or
initiate a transfer of the domain name away from NamIT cc to a new
Registrar. You may log into Your account with NamIT cc at any time
after Your domain name has been successfully transferred to
NamIT cc, and change the status to unlock.
In the event You are purchasing a domain name on behalf of a third
party, You agree to inform any customer of Yours, who may be acquiring a
domain name through You using NamIT cc's registration services,
that they are in fact registering their domain name through
NamIT cc and that NamIT cc is an accredited registrar with
ICANN. You agree not to represent that You are an ICANN accredited
registrar or that You are in any way providing superior access to the
ICANN Domain Name Registry. You also agree not to use the ICANN
trademark logo in any of Your promotional materials including Your web
site.
You agree to obtain each of Your customers' acceptances of
NamIT cc's then current Domain Registration Agreement, and to
retain evidence of their acceptance for a period of not less than three
(3) years. Should You require that Your customers accept additional
terms and conditions that are not required by NamIT cc, You agree
that such additional terms and conditions shall not conflict with
NamIT cc's Domain Registration Agreement and the policies and
business procedures adopted by ICANN.
You agree that NamIT cc is not lending You access to its registrar
connections or its registry access, nor will You be deemed to be a
registrar in Your own right. Furthermore, You agree You will not attempt
to gain access to NamIT cc's registrar connections or registry
access. You agree to provide complete, accurate and current data for
each registrant to be added to a registry in accordance with ICANN
requirements for inclusion in the Whois database.
You agree to provide Your customers with adequate customer support, and
to maintain contact with them with regard to providing a medium for them
to communicate changes in the information they provided as part of the
domain name registration process. Upon receiving corrected or updated
information You will, within 5 business days, provide such information
to NamIT cc so NamIT cc may update its registration records.
You will retain copies of all communications between You and Your
customers and will upon request provide NamIT cc copies of same.
1.6. suspension of services; breach of agreement
You agree that, in
addition to other events set forth in this agreement, (i) Your ability
to use any of the services provided by NamIT cc is subject to
cancellation or suspension in the event there is an unresolved breach of
this agreement and/or suspension or cancellation is required by any
policy now in effect or adopted later by ICANN, and (ii) Your
registration of any domain names shall be subject to suspension,
cancellation or transfer pursuant to any ICANN adopted specification or
policy, or pursuant to any NamIT cc procedure not inconsistent
with an ICANN adopted specification or policy, (1) to correct mistakes
by NamIT cc or the registry operator in registering any domain
name or (2) for the resolution of disputes concerning any domain name.
You agree that Your failure to comply completely with the terms and
conditions of this agreement and any NamIT cc rule or policy may
be considered by NamIT cc to be a material breach of this
agreement and that NamIT cc may provide You with notice of such
breach either in writing or electronically (i.e. email). In the event
You do not provide NamIT cc with material evidence that You have
not breached Your obligations to NamIT cc within ten (10) business
days, NamIT cc may terminate its relationship with You and take
any remedial action available to NamIT cc under the applicable
laws. Such remedial action may be implemented without notice to You and
may include, but is not limited to, canceling the registration of any of
Your domain names and discontinuing any services provided by
NamIT cc to You. No fees will be refunded to You should Your
agreement be cancelled or services be discontinued because of a breach.
NamIT cc's failure to act upon or notify You of any event, which
may constitute a breach, shall not relieve You from or excuse You of the
fact that You have committed a breach.
1.7. restriction of services; right of refusal
You agree not to use the
services provided by NamIT cc, or to allow or enable others, to
use the services provided by NamIT cc for the purposes of:
The transmission of unsolicited email (Spam). Repetitive, high volume
inquires into any of the services provided by NamIT cc (i.e.
domain name availability, etc.). If You are hosting Your domain's domain
name servers ("DNS") on NamIT cc's servers, or are using our
systems to forward a domain, URL, or otherwise to a system or site
hosted elsewhere, or if You have your domain name registered with
NamIT cc, You are responsible for ensuring that there is no
excessive overloading on NamIT cc's DNS systems. You may not use
NamIT cc's servers and Your domain as a source, intermediary,
reply to address, or destination address for mail bombs, Internet packet
flooding, packet corruption, or other abusive attack. Server hacking or
other perpetration of security breaches is prohibited. You agree that
NamIT cc reserves the right to deactivate Your domain name from
its DNS system if NamIT cc deems it is the recipient of activities
caused by your site that threaten the stability of its network.
You agree that NamIT cc, in its sole discretion and without
liability to You, may refuse to accept the registration of any domain
name. NamIT cc also may in its sole discretion and without
liability to You delete the registration of any domain name during the
first thirty (30) days after registration has taken place.
NamIT cc may also cancel the registration of a domain name, after
thirty (30) days, if that name is being used, as determined by
NamIT cc in its sole discretion, in association with spam or
morally objectionable activities. Morally objectionable activities will
include, but not be limited to: activities designed to defame,
embarrass, harm, abuse, threaten, slander or harass third parties;
activities prohibited by the laws of the United States and/or foreign
territories in which You conduct business; activities designed to
encourage unlawful behavior by others, such as hate crimes, terrorism
and child pornography; activities that are tortious, vulgar, obscene,
invasive of the privacy of a third party, racially, ethnically, or
otherwise objectionable; activities designed to impersonate the identity
of a third party; and activities designed to harm or use unethically
minors in any way. In the event NamIT cc refuses a registration or
deletes an existing registration during the first thirty (30) days after
registration, You will receive a refund of any fees paid to
NamIT cc in connection with the registration either being canceled
or refused. In the event NamIT cc deletes the registration of a
domain name being used in association with spam or morally objectionable
activities, no refund will be issued.
1.8. limitation of liability
You agree that NamIT cc's entire
liability to you under this agreement, and your only remedy, in
connection with any service provided by NamIT cc, to you under
this agreement, and for any breach of this agreement by NamIT cc,
shall be limited to the fees you paid to NamIT cc for the
particular service in contention. NamIT cc and its agents and
contractors shall not be liable for any direct, indirect incidental,
special, or consequential damages resulting from the use of or inability
to use any of NamIT cc's services or for the cost of obtaining
substitute services. Because certain states do not permit the limitation
of elimination of liability for certain types of damage,
NamIT cc's liability shall be limited to the smallest amount
permitted by law. NamIT cc disclaims any loss or liability
resulting from:
access delays or interruptions to our web site or domain name
registration system data non-delivery or mis-delivery between You and
NamIT cc events beyond our control (i.e. acts of God) the loss of
registration or processing of a domain name or the use of a domain name
the failure for whatever reason to renew a domain name registration the
unauthorized use of Your account with NamIT cc or any of services
provided to You by NamIT cc errors, omissions or misstatements
deletion of, failure to store, or failure to process or act upon email
messages processing of updated information to Your registration record
development or interruption of Your web site errors taking place with
regard to the processing of Your application application of
NamIT cc's Dispute Resolution Policy any act or omission caused by
You or Your agent (whether authorized by You or not)
1.9. indemnity
You agree to release, defend, indemnify and hold harmless
NamIT cc and its contractors, agents, employees, offices,
directors, shareholders and affiliates from and against any losses,
damages or costs, including reasonable attorney's fees, resulting from
any claim, action, proceeding suit or demand arising out of or related
to Your (including Your agents, affiliates or anyone using Your account
with NamIT cc whether or not on Your behalf, and whether or not
with Your permission) use of the services provided by NamIT cc.
Should NamIT cc be notified of a pending law suit, or receive
notice of the filing of a law suit, NamIT cc may seek a written
confirmation from You concerning Your obligation to indemnify
NamIT cc. Your failure to provide such a confirmation may be
considered a breach of this agreement.
1.10. representation and warranties
You warrant that all information
provided by You as part of the registration process is complete and
accurate. You also warrant that each registration You make is being done
so in good faith and that You have no knowledge of it infringing upon or
conflicting with the legal rights of a third party or a third party's
registration, trademark or trade name. You also warrant that the domain
name being registered will not be used in connection with any illegal
activity.
You agree that NamIT cc makes no representations or warranties or
any kind in connection with this agreement and specifically makes no
guaranty to You against the possibility of objection to, or challenge
of, the registration or use of any domain name You register with
NamIT cc.
NamIT cc expressly reserves the right to deny, cancel or transfer
any registration that it deems necessary, in its discretion, to protect
the integrity and stability of the registry, to comply with any
applicable laws, government rules or requirements, requests of law
enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal, on the part of NamIT cc,
as well as its affiliates, subsidiaries, officers, directors and
employees. NamIT cc also reserves the right to freeze a domain
name during resolution of a dispute.
1.11. disclaimer of warranties
NamIT cc expressly disclaims all
warranties of any kind, whether express or implied, including, but not
limited to, the implied warranties of merchantability, fitness for a
particular purpose and non-infringement. NamIT cc makes no
warranty that its service(s) will meet your requirements, or that the
service(s) will be uninterrupted, timely, secure, or error free, or that
defects will be corrected. NamIT cc does not warrant, nor make any
representations regarding the use, or results of, any of the services it
provides, in terms of their correctness, accuracy, reliability, or
otherwise.
1.12. severability
entirety You agree that the terms of this Agreement
are severable. If any part of this Agreement is determined to be
unenforceable or invalid, that part of the agreement will be interpreted
in accordance with applicable law as closely as possible, in line with
the original intention of both parties to the Agreement. The remaining
terms and conditions of the Agreement will remain in full force and
effect.
You agree that this agreement including the policies it refers to (i.e.
our Dispute Resolution Policy, etc.) constitute the complete and only
agreement between You and NamIT cc regarding the services
contemplated herein.
1.13. venue
waiver of trial by jury This agreement shall be deemed
entered into in the state of Arizona. Except for all disputes concerning
the use of a domain name registered with NamIT cc, the laws and
judicial decisions of Maricopa county, Arizona, shall be used to
determine the validity, construction, interpretation and legal effect of
this agreement. For the adjudication of disputes concerning or arising
from the use of a domain name registered with NamIT cc, You shall
submit, without prejudice to other potential applicable jurisdictions,
to the jurisdiction of the courts (1) of Your domicile and (2) where
NamIT cc is located. You agree that any action relating to or
arising out of this agreement, shall be brought in the courts of
Maricopa county, Arizona.
You agree to waive the right to trial by jury in any proceeding that
takes pace relating to or arising out of this agreement.
1.14. notices
You agree that all notices (except for notices concerning
breach of this agreement) from NamIT cc to You may be posted on
our web site and will be deemed delivered within thirty (30) days after
posting. Notices concerning breach will be sent either to the email
address You have on file with NamIT cc or mailed first class
postage to the postal address You have on file with NamIT cc. In
both cases, delivery shall be deemed to have been made five (5) days
after the date sent. Notices from You to NamIT cc shall be made
either by email, sent to the address we provide on our web site, or
first class mail to our address at: Domain Services C/O NamIT cc,
14455 North Hayden Rd., Suite 219, Scottsdale, AZ 85260 Delivery shall
be deemed to have been made by You to NamIT cc five (5) days after
the date sent.
1.15. provisions specific to all registrations
You agree to be bound by
the rules, policies, and agreements of each Registry from which You
purchase a domain registration, which may include, but are not limited
to, Top Level Domain Registries and Second Level Domain Registries.
1.16. provisions specific to .COM, .NET, AND .CC registrations
Indemnification
You agree to indemnify, defend and hold harmless the .COM, .NET, and .CC
Registry Operator, VeriSign, Inc., and its directors, officers,
employees, agents, and affiliates from and against any and all claims,
damages, liabilities, costs and expenses, including reasonable legal
fees and expenses arising out of or relating to the Registered Name
holder's domain name registration.
1.17. provisions specific to .ORG registrants Indemnification
You agree to indemnify, defend and hold harmless the .ORG Registry
Operator, Public Interest Registry, and its subcontractors,
shareholders, directors, officers, employees, agents, and affiliates
from and against any and all claims, damages, liabilities, costs and
expenses, including reasonable legal fees and expenses arising out of or
relating to the Registered Name holder's domain name registration. This
indemnification requirement shall survive the termination or expiration
of the registration agreement.
1.18. provisions specific to .INFO registrants Indemnification
You agree to indemnify, defend and hold harmless the .INFO Registry
Operator, Afilias Limited, and its subcontractors, shareholders,
directors, officers, employees, agents, and affiliates from and against
any and all claims, damages, liabilities, costs and expenses, including
reasonable legal fees and expenses arising out of or relating to the
Registered Name holder's domain name registration. This indemnification
requirement shall survive the termination or expiration of the
registration agreement.
1.19. provisions specific to .WS (WEBSITE) registrations Indemnification
You agree to indemnify, defend and hold harmless the .WS Registry
Operator, Global Domains International, Inc., and its directors,
officers, employees, agents, and affiliates from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Name holder's domain name registration.
You agree to be bound by any registry rules, policies, and agreements
for this ccTLD. The registration policies for this ccTLD are available
online and are incorporated herein.
1.20. additional requirements for .INFO registrants
If You are registering
a .INFO domain name You also agree to:
consent to the use, copying, distribution, publication, modification and
other processing of Registered Name Holder's Personal Data by the .info
Registry Operator and its designees and agents; submit to proceedings
commenced under ICANN's Uniform Domain Name Dispute Resolution Policy
("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"); immediately
correct and update the registration information for the Registered Name
during the registration term for the Registered Name; and acknowledge
that the Registry Operator will have no liability of any kind for any
loss or liability resulting from the proceedings and processes relating
to the Sunrise Period or the Land Rush Period, including, without
limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute
over a Sunrise Registration.
1.21. additional requirements for .BIZ registrants
If You are registering
a .BIZ domain name You also agree to: .BIZ Restrictions
Registrations in the .BIZ TLD must be used or intended to be used
primarily for bona fide business or commercial purposes. For purposes of
the .BIZ Registration Restrictions ("Restrictions"), "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. .BIZ Certification
As a .BIZ domain name registrant, You hereby certify to the best of Your
knowledge 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. More
information on the .BIZ restrictions, which are incorporated herein by
reference, are available online. The domain name registrant has the
authority to enter into the registration agreement; and The registered
domain name is reasonably related to the registrant's business or
intended commercial purpose at the time of registration. Domain Name
Dispute Policy
If You reserved or registered a .BIZ domain name through us, You agree
to be bound by our current domain name dispute policy that 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 following
documents, as they may be amended from time to time, which are hereby
incorporated and made an integral part of this Agreement:
The Uniform Domain Name Dispute Policy; The Start-up Trademark
Opposition Policy ("STOP"); and The Restrictions Dispute Resolution
Criteria and Rules. 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.
Domain Name Dispute Policy Modifications
You agree that we, in our sole discretion, may modify our dispute
policy. We will post any such revised policy on our Web site at least
thirty (30) calendar days before it becomes effective. You agree that,
by maintaining the reservation or registration of Your domain name after
modifications to the dispute policy become effective, You have agreed to
these modifications. You acknowledge that if You do not agree to any
such modification, You may terminate this Agreement. We will not refund
any fees paid by You if You terminate Your Agreement with us.
Domain Name Disputes
You agree that, if Your use of our domain name registration services is
challenged by a third party, You will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute.
You agree that in the event a domain name dispute arises with any third
party, You will indemnify and hold us harmless pursuant to the terms and
conditions set forth below in this Agreement. If we are notified that a
complaint has been filed with a judicial or administrative body
regarding Your use of our domain name registration services, You agree
not to make any changes to Your domain name record without our prior
approval. We may not allow You to make changes to such domain name
record until (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 our domain name
registration services that the dispute has been settled. Furthermore,
You agree that if You are subject to litigation regarding Your
registration and use of our domain name registration services, we may
deposit control of Your domain name record into the registry of the
judicial body by supplying a party with a registrar certificate from us.
Reservation of Rights
NamIT cc and the .BIZ Registry Operator, NeuLevel, Inc. expressly
reserve the right to deny, cancel or transfer any registration that it
deems necessary, in its discretion, to protect the integrity and
stability of the registry, to comply with any applicable laws,
government rules or requirements, requests of law enforcement, in
compliance with any dispute resolution process, or to avoid any
liability, civil or criminal, on the part of NamIT cc and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. NamIT cc and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
Indemnification
You agree to indemnify, defend and hold harmless the .BIZ Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
1.22. provisions specific to .US registrations
You agree to be bound by
any registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online and are
incorporated herein. These policies may prohibit You from changing,
transferring, or assigning the name You have submitted as Registrant.
The Registrant certifies that it meets the following Nexus Requirements
to qualify to register to use a .US domain name.
A. Registrants must be either:
A natural person (i) who is a United States citizen, (ii) who is a
permanent resident of the United States of America or any of its
possessions or territories, or (ii) whose primary place of domicile is
in the United States of America or any of its possessions, or; An entity
or organization that is (i) incorporated within one of the fifty (50)
U.S. states, the district of Columbia, or any of the United States
possessions or territories or (ii) organized or otherwise constituted
under the laws of a state of the United States of America, the District
of Columbia or any of its possessions (including a federal, state, or
local government of the United States, or a political subdivision
thereof, and non-commercial organizations based in the United States),
or; A foreign entity or organization that has a bona fide presence in
the United States of America or any of its possession or territories
that also (i) regularly engages in lawful activities (sales of goods or
services or other business, commercial or non-commercial including
not-for-profit activities) in the Unites States, or (ii) maintains an
office or other property within the United States. B. The name servers
listed for all .US domain names must be based within the United States
of America or any of its possessions or territories.
Registrant further certifies that NamIT cc has requested specific
information regarding how the Registrant meets the Nexus requirement and
that Registrant has willingly volunteered such information. Registrant
understands and agrees that such information will be verified and will
be shared with the .US Registry.
Registrant understands and agrees that if such information cannot be
verified, or if Registrant fails to continue to abide by the Nexus
Requirements, the registered domain name shall be subject to immediate
cancellation.
Indemnification
You agree to indemnify and hold harmless the .US Registry Operator,
NeuStar, and its 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)
.US domain name registration and (ii) use of any .US registered domain
name.
.US Registration Restrictions
You understand and agree that when You register one of these domains,
that You are prohibited from using any profanity in the domain name,
pursuant to the .US policy available online. The definition of profanity
can be found in the Supreme Court decision, FCC v. Pacifica Foundation,
made famous by George Carlin.
Further, You acknowledge and agree that You are not permitted to
purchase private or proxy .US registrations. You shall register for any
and all .US registrations using Your personal information, which
information You represent and warrant is current, accurate and complete.
1.23. provisions specific to .NAME registered items Eligibility
Requirements - Dispute Resolution
You represent and warrant that the name You are registering is Your
legal, personal name, or that You own the intellectual property rights
to that name. If at any time it is discovered that it is not Your legal
personal name, or Your intellectual property, the .NAME Registry
Operator, Global Name Registry (GNR) and NamIT cc reserve the
right to cancel Your registration without refund, or transfer it to
another party. In addition to the above You agree to be bound by the
provisions of the entire Eligibility Requirements Dispute Resolution
Policy.
Consent - Defensive Registration
A Defensive Registration is a registration designed for the protection
of trademarks and service marks and may be granted to prevent a third
party from registering a variation of a trademark or the exact
trademark. If the name You wish to register is subject to a Defensive
Registration, You have three options: (i) You may register a variation
of the name, (ii) You may challenge the Defensive Registration under the
Eligibility Requirements Dispute Resolution Policy ("ERDRP"), or (iii)
You may request Consent from the Defensive Registrant. You can request
Consent by contacting the Defensive Registrant listed in the GNR Whois
database and requesting consent to register the .name domain. If the
Defensive Registrant grants consent, they must confirm in writing that
they grant consent. If the Defensive Registrant does not grant consent,
you may wish to challenge the Defensive Registration under the ERDRP.
The policy is available online.
Acceptable Use Policy
You agree to be bound by GNR’s Acceptable Use Policy. Among other
limitations, this policy prohibits You from using your .name Email to
engage in Spamming activities. You will be limited to a maximum of 500
messages sent from Your .name at a time.
Waiver of Liability
You agree that GNR and NamIT cc will have no liability of any kind
for any loss or liability resulting from (i) the processing of
registration requests prior to live SRS launch, including, without
limitation, the ability or inability to obtain a domain name or email
address registration using these processes; or (ii) any dispute over any
domain name or email address registration, including the decision of any
dispute resolution proceeding related to any of the foregoing.
Indemnification
You agree to indemnify, defend and hold harmless GNR, and its directors,
officers, employees, agents, and affiliates from and against any and all
claims, damages, liabilities, costs and expenses, including reasonable
legal fees and expenses arising out of or relating to the Registered
Item Holder's registration. You agree that this indemnification
obligation shall survive the termination or expiration of this
Registration Agreement.
1.24. provisions specific to .EU registrations .EU Registration
Restrictions
You acknowledge and agree that You are not permitted to purchase private
or proxy .EU registrations. You shall register for any and all .EU
registrations using Your personal information, which information You
represent and warrant is current, accurate and complete. Further, You
acknowledge and agree that You are not permitted and shall not attempt
to register any .EU registrations unless You have a physical presence in
the European Union.
Compliance with Applicable Law
You agree to obey, comply with and be bound by any and all applicable
laws, regulations and administrative policies promulgated by the
European Registry of Internet Domain Names ("EURID").
Compliance with EURID Rules
You agree to obey, comply with and be bound by EURID rules and
regulations and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, including, but
not limited to, their dispute policies, which may be found here.
Compliance with EURID Domain Name WHOIS Policy
You agree to obey, comply with and be bound by the EURID Domain Name
WHOIS Policy and any and all updates, revisions and modifications
thereto, which may be made by EURID from time to time, which may be
found here.
Jurisdiction
For the adjudication of disputes concerning or arising from use of the
registered .EU domain name, You agree to submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts of (1) Your domicile state, (2) the State of Arizona and (3) the
United Kingdom.
Sunrise and General Pre-registration Applications
You acknowledge and agree that the submitting of a "Sunrise or General
Pre-registration Application" 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 Application" 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.
.EU Dispute Resolution/ADR
EURID offers an alternative procedure for resolving disputes concerning
.EU domain names, which can be found here. When applicable, You
acknowledge such procedure and agree that You shall comply with and
abide by its terms and conditions.
25. OTHER COUNTRY CODE TOP LEVEL DOMAINS You represent and warrant that
You meet the eligibility requirements of each country code top level
domain ("ccTLD") You apply for. You further agree to be bound by any
registry rules, policies, and agreements for that particular ccTLD.
These may include, but are not limited to, agreeing to indemnify the
ccTLD provider, limiting the liability of the ccTLD provider, and
requirements that any disputes be resolved under that particular
country's laws.
26. provisions specific to .AT registrations You understand and agree
that in order to register these domains, a pre-registration DNS
validation check is required by the Registry.
27. provisions specific to .BE registrations. You understand and agree
that in order to register these domains, a pre-registration DNS
validation check is required by the Registry.
28. provisions specific to .CO.NZ, .NET.NZ, and .ORG.NZ registrations.
You understand and agree that in order to register these domains, a
pre-registration DNS validation check is required by the Registry.
29. additional requirements FOR .UK ( .ORG.UK , .ME.UK, .CO.UK )
registrations You understand and agree that when You register one of
these domains, that the minimum term is two years.
30. provisions specific to .BE registrants You agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online and are
incorporated herein.
1.31. provisions specific to .DE registrants
You represent and warrant
that You meet the eligibility requirements of this ccTLD. You further
agree to be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
online and are incorporated herein.
.DE Registration Restrictions
You represent and warrant that You or Your administrative contact has a
German address, which cannot be a P.O. Box. You may not use the names of
other top-level domains (e.g. .ARPA, .COM, .EDU, .GOV, .INT, .NET,
.NATO, .MIL, .ORG and all country-related TLDs) or German automobile
identification numbers as domain names.
.DE Local Presence Service
If You do not provide an administrative contact ("Admin-C") with a
German address, then You shall be subject to the local presence service
terms and conditions, which are part of the registration guidelines for
this ccTLD. You also agree to the following:
NamIT cc and You hereby request and authorize Verisign to list an
individual designated by Verisign as Admin-C for the requested DENIC
domain(s). Neither Verisign nor the Admin-C are required to monitor the
legality of the domain name use including, not limited to, contents and
services offered; NamIT cc and You acknowledge and agree that
Verisign and/or the Admin-C may, without any liability to You or any
third-party, take such steps as in the opinion of Verisign and/or the
Admin-C are necessary in order to (a) limit Verisign's and/or the
designated Admin-C's liability related to, directly or indirectly, the
DENIC domain(s); (b) comply with any laws, regulations or other legal
requirements; and/or (c) address any letter, causes of action, suits,
proceeding, complaints, cease and desist orders and demands of any kind
or any other inquiry from DENIC or any other third party related to the
DENIC domain(s). Such actions may include, but are not limited to, (a)
disabling the website pending resolution of the conflict and/or
redirecting the DENIC domains to a blank page or placeholder; (b)
cancelling the registration of the DENIC domain name(s); (c) ceasing
administration of the domain name and placing it in a transit state; (d)
removing or replacing the Admin-C from or in the Whois record, (e)
redirecting the DENIC domain(s) to an alternate IP address; (f) allowing
the registration of the DENIC domain to lapse; (g) transferring the
registration to an individual or entity which is awarded the
registration through any court proceeding, arbitration, or by DENIC; (h)
settling any and all third party, whether threatened or made, arising
out of Your use of the DENIC domain names; and/or (i) terminating the
Local Presence Service. NamIT cc and You undertake to respond in
writing to requests by Verisign and/or the Admin-C immediately within
time limits set by Verisign and/or the Admin-C. Unless a different
response deadline is requested in writing by Verisign and/or the
Admin-C, NamIT cc and You agree to respond in writing to such
requests within forty eight (48) hours. Correspondence sent to
NamIT cc or You shall be regarded as delivered. Verisign or the
Admin-C may, at its own discretion, request a security for its expenses
which may occur in case a third party alleges that the use of the domain
name is an infringement of laws. The amount of security will be
determined at the Admin-C discretion in accordance with the Court Costs
(GKG) and the Attorney's Remuneration Act (RVG). The security must be
paid in cash or guaranteed by a major German bank or savings bank
(Sparkasse) within the time limit set by Verisign and/or the Admin-C.
NamIT cc AND YOU ACKNOWLEDGE AND AGREE THAT VERISIGN AND THE
ADMIN-C SHALL HAVE NO LIABILITY TO YOU, NamIT cc OR ANY
THIRD-PARTY RELATED TO, DIRECTLY OR INDIRECTLY, THE LOCAL PRESENSE
SERVICES AND/OR THE EXERCISE OF ANY OF THEIR RIGHTS UNDER THESE LOCAL
PRESENSE SERVICES TERMS AND CONDITIONS. THIS LIMITATION APPLIES
REGARDLESS OF WHETHER THE ALLEGED LIABILITY IS BASED ON CONTRACT, TORT,
WARRANTY, NEGLIGENCE, STRICT LIABILITY OR ANY OTHER BASIS, EVEN IF
VERISIGN HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES OR SUCH
DAMAGES WERE REASONABLY FORESEEABLE. BECAUSE CERTAIN JURISDICTIONS DO
NOT PERMIT THE LIMITATION OR ELIMINATION OF LIABILITY FOR CONSEQUENTIAL
OR INCIDENTAL DAMAGES, VERSIGN'S LIABILITY IN SUCH JURISDICTIONS SHALL
BE LIMITED TO THE GREATEST EXTENT PERMITTED BY LAW. NamIT cc and
You agree to release, defend, indemnify and hold harmless Verisign, its
parent companies, subsidiaries, affiliates, shareholders, agents,
directors, officers and employees and the individual designated as
Admin-C for the DENIC domain(s), from and against any and all claims
(including, but not limited to, claims of trademark infringement or
cybersquatting), demands, liabilities, losses, damages or costs,
including reasonable attorneys' fees, arising out of or related in any
way to, the Local Presence Services, the DEMINC domain(s), and/or Your
use of the DEMIN domain(s).
1.32. .JP registration restrictions
You represent and warrant that You
have a local presence in Japan with a home or office address. You agree
that certain domains are reserved and can only be registered by certain
parties. These include:
TLDs, other than ccTLDs, as determined by ICANN; Geographical-type .JP
domain names that are defined as metropolitan, prefectural, and
municipal labels; Names of primary and secondary educational
organizations Names of organizations related to Internet management;
Names required for .JP domain name operations; and Character strings
which may be confused with ASCII-converted Japanese domain names. The
complete list of .JP Reserved Domains is available online. Additional
Requirements for .JP Registrants
You agree to be bound by any registry rules, policies, and agreements
for this ccTLD, which are incorporated herein. You must choose from the
following list of Japanese Prefecture codes and submit this information
with Your order. Prefecture codes are defined as follows:
01 HOKKAIDO
13 SAITAMA
25 OSKA
37 TOKUSHIMA
02 AOMORI
14 IBARAKI
26 WAKAYAMA
38 EHIME
03 IWATE
15 TOCHIGI
27 HYOGO
39 KOCHI
04 AKITA
16 GUNMA
28 TOYAMA
40 FUKUOKA
05 YAMAGATA
17 YAMANASHI
29 FUKUI
41 SAGA
06 MIYAGI
18 SHIZUOKA
30 ISHIKAWA
42 NAGASAKI
07 FUKUSHIMA
19 GIFO
31 OKAYAMA
43 KUMAMOTO
08 NIIGATA
20 AICHI
32 SHIMANE
44 OITA
09 NAGANO
21 MIE
33 YAMAGUCHI
45 MIYAZAKI
10 TOKYO
22 KYOTO
34 TOTTORI
46 KAGOSHIMA
11 KANAGAWA
23 SHIGA
35 HIROSHIMA
47 OKINAWA
12 CHIBA
24 NARA
36 KAGAWA
1.33. provisions specific to .NZ registrants (.CO.NZ, .ORG.NZ,
.NET.NZ)
You represent and warrant that You meet the eligibility
requirements of this ccTLD. You further agree to be bound by any
registry rules, policies, and agreements for this ccTLD. The
registration guidelines for this ccTLD are available online and are
incorporated herein.
If you are registering a Second Level Domain under this ccTLD, You
further agree to be bound by the Second Level Domain's rules, policies,
and agreements, which are incorporated and made a part of this Agreement
herein.
.NZ Registration Restrictions (.CO.NZ, .ORG.NZ, NET.NZ)
You represent and warrant that You are an identifiable individual over
18 years of age or a properly constituted organization.
1.34. provisions specific to .AT registrants
You represent and warrant
that You meet the eligibility requirements of this ccTLD. You further
agree to be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
here and are incorporated herein.
1.35. provisions specific to .UK registrants (.ORG.UK, .ME.UK, .CO.UK)
You
represent and warrant that You meet the eligibility requirements of this
ccTLD. You further agree to be bound by any registry rules, policies,
and agreements for this ccTLD. The registration guidelines for this
ccTLD are available here and the rules are available here , and are
incorporated herein.
If you are registering a Second Level Domain under this ccTLD, You
further agree to be bound by the Second Level Domain's rules, policies,
and agreements, which are incorporated and made a part of this Agreement
herein.
1.36. provisions specific to .CC registrants
You represent and warrant
that You meet the eligibility requirements of this ccTLD. You further
agree to be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
here and are incorporated herein.
1.37. provisions specific to .TV registrants
You represent and warrant
that You meet the eligibility requirements of this ccTLD. You further
agree to be bound by any registry rules, policies, and agreements for
this ccTLD. The registration guidelines for this ccTLD are available
here and are incorporated herein.
1.38. ADDITIONAL REQUIREMENTS FOR .tw REGISTRANTS
If You are registering a
.TW domain name You also agree to the following:
Compliance with Applicable Law
You agree to obey and comply with any and all applicable laws,
regulations and administrative policies promulgated by the Taiwan
Network Information Center ("TWNIC").
Compliance with TWNIC Rules
You agree to obey, comply with and be bound by TWNIC rules and
regulations and their any and all updates, revisions and modifications,
which may be made by TWNIC from time to time, including but not limited
to:
Supervision and Guidance Regulation for Internet Protocol (IP) Address
and Domain Name Registration and Management Services here . Guidelines
for Administration of Domain Name Registration here . Guidelines for
Authorization of Domain Name Registration Services here . TWNIC Domain
Name Dispute Resolution Policy here . Rules for TWNIC Domain Name
Dispute Resolution Policy here .
Right to Accept Notice
You give NamIT cc the right to accept written complaints from
third parties against false and/or inaccurate Whois data and You agree
to follow any procedural regulation that may exist between the .TW
registry operator, currently NeuLevel Inc. and NamIT cc.
Governing Law
With regards to .TW domain names, the Domain Registration Agreement will
be interpreted and governed by the Laws of Taiwan.
Indemnification
You agree to indemnify, defend and hold harmless the .TW Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
.TW Registration Restrictions
You acknowledge and agree that You are not permitted to purchase private
or proxy .TW registrations. You shall register for any and all .TW
registrations using Your personal information, which information You
represent and warrant is current, accurate and complete.
1.39. ADDITIONAL REQUIREMENTS FOR .cn REGISTRANTS
If You are registering a
.CN domain name You also agree to:
Limitations on Registration
You may not register or use a domain name that is deemed by China
Internet Network Information Center («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 the state
of 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.
Restrictions on Transfer of cnTLD Domain Names
You understand that you may not transfer to or from a domain registrar
that is headquartered or controlled by an entity located inside China .
Jurisdiction
For the adjudication of disputes concerning or arising from use of the
registered .cn Domain Name, You agree to submit, without prejudice to
other potentially applicable jurisdictions, to the jurisdiction of the
courts of (1) your domicile state, (2) Arizona, and (3) the People’s
Republic of China .
Suspension of Service:
You agree that Your registration of the .cnTLD domain name shall be
subject to suspension, cancellation, or transfer pursuant to any
NeuLevel or CNNIC adopted specification or policy.
Compliance with CNNIC Dispute Resolution Policy
You agree to obey, comply with and be bound by the CNNIC Dispute
Resolution Policy and any and all updates, revisions and modifications,
which may be made by CNNIC from time to time. The CNNIC Dispute
Resolution Policy may be currently accessed here.
Right to Accept Notice
You give NamIT cc the right to accept written complaints from
third parties against false and/or inaccurate Whois data and You agree
to follow any procedural regulation that may exist between the .CN
registry operator, currently NeuLevel Inc. and NamIT cc.
Indemnification
You agree to indemnify, defend and hold harmless the .CN Registry
Operator, NeuLevel, Inc., and its directors, officers, employees,
agents, and affiliates from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses arising out of or relating to the Registered Name holder's
domain name registration. This indemnification requirement shall survive
the termination or expiration of the registration agreement.
.CN Registration Restrictions
You acknowledge and agree that You are not permitted to purchase private
or proxy .CN registrations. You shall register for any and all .CN
registrations using Your personal information, which information You
represent and warrant is current, accurate and complete.
1.40. ADDITIONAL REQUIREMENTS FOR .JOB REGISTRANTS
If You are registering
a .JOB domain name You also:
Agree to provide information regarding membership in a Human Resource
Association, and the identity of any such association; Agree to provide
the URL of Your existing company website; Acknowledge that you have
read, understood and agree to be bound by the .Job's Registry-Registrant
agreement as amended from time to time, located here; Warrant that you
meet the eligibility requirements as provided by the Registry and as
modified from time to time, and to abide by the JOBS Usage Policy and
Terms and Conditions as amended from time to time and stated here; Agree
to abide by the SHRM code of professional ethics as stated here; Agree
to indemnify, defend and hold harmless the Registry Operator and its
subcontractors, shareholders, directors, officers, employees, affiliates
and agents of each of them from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to Your domain name registration.
This indemnification obligation shall survive the termination or
expiration of this Agreement; and Further acknowledge and agree that the
Registry Operator is an intended third party beneficiary of this
Agreement, with a right to enforce the terms and provisions contained
herein.
1.41. provisions specific to .AG registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.42. provisions specific to .AM registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.43. provisions specific to .FM registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.44. provisions specific to .GS, .MS, .TC and .VG registrants
You
acknowledge and agree to obey, comply with and be bound by any and all
registry rules, policies, and agreements, and any and all updates,
revisions and modifications thereto, for these ccTLDs, which may be
found here.
1.45. provisions specific to .NU registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.46. provisions specific to .SC registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.47. provisions specific to .TK registrants
You acknowledge and agree to
obey, comply with and be bound by any and all registry rules, policies,
and agreements, and any and all updates, revisions and modifications
thereto, for this ccTLD, which may be found here.
1.48. provisions specific to .MOBI registrants
You acknowledge and agree
that You shall comply with the requirements, standards, policies,
procedures and practices set forth in the dotmobi Style Guide, found
here. You consent to the monitoring of Your website as described in the
dotmobi Style Guide monitoring guidelines, found here, for compliance
with the Style Guide.
Further, You acknowledge and agree that the Style Guide is subject to
modification by the dotmobi registry, with any such changes found here,
and You acknowledge and agree that You will comply with any such changes
in the time allotted.
You agree to indemnify to the maximum extent permitted by law, defend
and hold harmless 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 Your domain name registration
and or use, and this indemnification obligation survive the termination
or expiration of the registration agreement;
Indemnify, defend and hold harmless Registry Services Provider, its
subsidiaries and affiliates, and the directors, officers, employees and
agents or each of them, from and against any and all claims, damages,
liabilities, costs and expenses, including reasonable legal fees and
expenses, arising out of or relating to Your domain name registration
and or use, and indemnification obligation survive the termination or
expiration of the registration agreement;
Acknowledge and agree that notwithstanding anything in this Agreement to
the contrary, mTLD Top Level Domain Ltd. («dotmobi»), the Registry
Operator of the .mobi TLD, is and shall be an intended third party
beneficiary of this Agreement. As such, the parties to this Agreement
acknowledge and agree that the third party beneficiary rights of dotmobi
have vested and that dotmobi has relied on its third party beneficiary
rights under this Agreement in agreeing to NamIT cc 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.
You agree to comply with ICANN requirements, standards, policies,
procedures, and practices for which dotmobi has responsibility in
accordance with the Registry Agreement between ICANN and dotmobi or
other arrangement with ICANN.
You consent to the use, copying, distribution, publication, modification
and other processing of Your personal data by dotmobi and its designees
and agents in a manner consistent with the purposes for which Your
personal data is collected by NamIT cc and submitted to dotmobi
and with relevant mandatory local data protection, law and privacy.
You shall immediately correct and update Your registration information
for Your registered domain name(s) during the registration term for each
registered name.
You further agree to 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 Registered Name Holders,
and consistent with the Registry Agreement shall be effective upon
thirty days notice by Registry Operator to Registrar;
You acknowledge and agree that dotmobi and Affilias Limited, acting in
consent with dotmobi, 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 dotmobi as well
as its affiliates, subsidiaries, officers, directors, representatives,
employees, and stockholders; (iv) for violations of the terms and
conditions herein; (v) or to correct mistakes made by dotmobi or any
registrar in connection with a domain name registration, and dotmobi
also reserves the right to freeze a domain name during resolution of a
dispute.
You acknowledge and agree to be bound by the terms and conditions of the
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 Registry Operator 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.
You Acknowledge and agree that Proxy or Proxy Registrations will not be
allowed during the Sunrise Period, the Limited Industry Launch and the
Premium Name Allocation and Auction Period, and in such an instance will
constitute a material breach to this contract.
1.49. provisions specific to .ASIA registrants
You represent and warrant
that You meet all the eligibility requirements of this TLD. You further
agree to be bound by any registry rules, policies and agreements for
this TLD. The registration guidelines for this TLD are available here
and are incorporated herein.
You consent to the use, copying, distribution, publication, modification
and other processing of Your personal information 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.
You agree to correct and update the registration information for the
domain name immediately during the registration term for the domain
name.
You agree to comply with those ICANN requirements, standards, policies,
procedures and practices for which DotAsia Organisation Limited has
monitoring responsibility in accordance with the Registry Agreement or
with other arrangements with ICANN.
You agree to comply with all the operational standards, policies,
procedures and practices for the .ASIA Registry as established from time
to time in a non-arbitrary manner by DotAsia Organisation Limited
("Registry Policies"). You acknowledge that Registry Policies are
applicable to all registrars and domain name registrants. Any changes to
the Registry Policies by the DotAsia Organisation Limited that are
consistent with the Registry Agreement shall be effective upon thirty
(30) days' notice by DotAsia Organisation Limited to Registrar.
You agree to be bound by the terms and conditions as set down by DotAsia
Organisation Limited during the 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.
You agree to submit to the 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").
You agree to submit to proceedings commenced under other dispute
resolution policies as set forth by DotAsia Organisation Limited 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 rights holders, Internet engineering and security experts
or other competent claimants in the purpose of upholding the stability,
security and integrity of the .ASIA Registry.
You acknowledge and agree to comply with the .ASIA Charter Eligibility
Requirement.
You, acting as Registrant Contact, represent and warrant that You have
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 Registered Name
Holder, and that it shall be jointly responsible for the domain name in
the event of a dispute or a challenge over Your legal entitlement to or
the ownership of the domain name. The CED Contact shall be bound by the
provisions in the DotAsia Organisation Limited's .ASIA Charter
Eligibility Requirement Policy published from time to time.
You, acting as Registrant Contact, agree that it has obtained an
agreement from the CED Contact that You shall remain the Operating
Contact for all operations of the domain name, including but not limited
to domain transfer and updates.
You agree to indemnify, to the maximum extent permited by law, defend
and hold harmless the Registry Operator DotAsia Organisation Limited and
its director, officers, employees and agents from and against any and
all claims, damages, liabilities, costs and expenses, including
resonable legal fees and expenses, arising out of or relating to Your
domain name registration and or use.
Notwithstanding the other provisions in this Agreement, You agree that
this indemnification obligation shall survive the termination or
expiration of this Agreement.
You acknowledge and agree that DotAsia Organisation Limited and
NamIT cc, acting in consent with DotAsia Organisation Limited,
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
Organisation Limited, 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 Organisation Limited, NamIT cc or any
registrar in connection with a domain name registration. DotAsia
Organisation Limited also reserves the right to freeze a domain name
such as placing a domain name on hold, lock or other status during the
resolution of a dispute.
Notwithstanding anything in the Agreement to the contrary, DotAsia
Organisation Limited, the Registry Operator of the .ASIA TLD, is and
shall be an intended third party beneficiary of this Agreement. As such,
You acknowledge and agree that the third party beneficiary rights of
DotAsia Organisation Limited have vested and that it has relied on its
third party beneficiary rights under this Agreement in agreeing to
NamIT cc being a registrar for the .ASIA TLD. Additionally, the
third party beneficiary rights of DotAsia Organisation Limited shall
survive any termination or expiration of this Agreement.
You acknowledge and agree that the submitting of a "Sunrise or General
Pre-registration Application" 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 Application" where an application
fee was collected, that fee shall not be refunded.
You acknowledge that in the event of conflict between this section of
the Agreement and other sections of the same, this section shall
prevail.
2. Domain Name Transfer Agreement
This Domain Name Transfer Agreement ("Agreement") is by and between
NamIT cc and You, Your heirs, agents, successors and assigns
("You"), and is made effective as of the date of electronic execution.
This Agreement sets forth the terms and conditions of Your use of
NamIT cc's Domain Name Transfer and represents the entire
agreement between You and NamIT cc. This Agreement sets forth the
terms and conditions of transferring a registered domain name from any
other Registrar TO NamIT cc (as "Registrar"). By participating in
this transaction, You acknowledge that You have read, understand and
agree to be bound by all the terms and conditions of this Agreement,
including our dispute policy, along with any new, different or
additional terms, conditions or policies including the Universal Terms
of Service which NamIT cc may establish from time to time.
In addition to transactions entered into by You on Your behalf, You also
agree to be bound by the terms of this agreement for transactions
entered into on Your behalf by anyone acting as Your Agent, and
transactions entered into by anyone who uses the account You've
established with NamIT cc, whether or not the transactions were in
Your behalf. You acknowledge that NamIT cc's acceptance of any
application made by You for services provided by NamIT cc will
take place at the Internet Corporation for Assigned Names and Numbers
("ICANN") accredited registrar's offices located in Scottsdale, Arizona,
USA.
You acknowledge that NamIT cc or its licensor is a registrar bound
by an agreement between NamIT cc or its licensor and the Internet
Corporation for Assigned Names and Numbers ("ICANN"). You agree that
NamIT cc or its licensor may modify this agreement in order to
comply with applicable law and the terms and conditions set forth by the
Internet ICANN and/or the Registry Administrator chosen by ICANN, as
well as any registration rules or policies that may be published from
time to time by NamIT cc or its licensor.
This Document will be effective upon acceptance of the Registration and
Transfer agreements in Step 3 of the Online Transfer Application
process.
2.1. Steps for Transferring Your Domain Name Registration
NOTE: Once the transfer is complete, you will be able to RENEW, MODIFY
DNS, and perform other functions by logging into Your
Registrant
Control Panel. Complete all required information requested through the
online transfer application, i.e. contact information, nameserver
information, etc. Proceed through to the shopping cart and pay for your
transfer(s). Update your Administrative Contact's email address at your
current registrar. We will be contacting the Administrative Contact's
email address for transfer approval. The transfer will only be initiated
upon approval from your Administrative Contact. Once initiated, a
transfer will be accepted or denied by the losing registrar within 5
days.
2.2. Failed or Rejected Transfer Requests
NamIT cc may elect to accept or reject your domain name transfer
application for any reason at its sole discretion. Rejections may
include, but are not limited to: The current Registrar rejected the
transfer. The original registration took place less than sixty (60) days
prior to the transfer request. The domain name has been placed in a
locked status by either the Registry or by the losing registrar. The
domain was transferred to NamIT cc less than sixty (60) days prior
to the transfer request. The domain name expired but was not renewed.
The domain name expired and was renewed during the forty-five (45) day
grace period, and the forty-five (45) day grace period has not yet
passed. The Domain Name Registrant was changed less than sixty (60) days
prior to the transfer request. Any pending bankruptcy of the current
domain name holder. Any dispute over the identity of the domain name
holder. Any situation described in the Dispute Policy. Transfer orders
over thirty (30) days old.
2.3. Terms for Transferring Domain Names
Upon successful transfer, NamIT cc shall become the Registrar of
Record. You will still be the Registrant of the domain -- NamIT cc
will become the Registrar of the domain name. Your registration will be
automatically extended by one year. Domain name registration transfers
may only be initiated once acceptance of the transfer agreement is
recorded, payment is made and the Administrative contact has responded
positively to our email message asking for Permission to Transfer. The
email message asking for Permission to Transfer will be sent to the
Domain Name(s) Administrative Contact as identified in the previous
Registrar's WHO-IS database. You agree to retain a copy for Your own
records of the receipt for purchase of Your domain name. The
Administrative Contact will be acting on behalf of the Registrant and
has legal authority to initiate this transfer request. You are
responsible for updating the Administrative Contact's email as
identified in the previous Registrar's WHO-IS database.
2.4. Transfers of Recently Renewed Domain Names
You understand that if you are transferring a domain name that has been
recently renewed there is the potential that the renewal year will be
lost. The renewal year will be lost if: the domain name was renewed
during the forty-five (45) day grace period after the expiration date
had passed; and forty-five (45) days have not yet passed since that
expiration date. You understand and agree that NamIT cc is not
responsible for this lost year and that NamIT cc will not credit
that year to your domain. You will need to review the registration
agreement you have with your previous registrar to determine if you are
due a refund or credit for the lost year. Please contact your previous
registrar if you have any questions about the lost year. You understand
and agree that NamIT cc will not intervene in the recovery of any
such lost registration years that occur during the transfer of your
domain name.
2.5. Limitation of Liability
YOU AGREE THAT NamIT cc WILL NOT BE LIABLE FOR: ANY SUSPENSION OR
LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME USE OF YOUR DOMAIN
NAME REGISTRATION BY YOU OR OTHERS, WHETHER OR NOT AUTHORIZED BY YOU TO
HAVE SUCH USE INTERRUPTION OF BUSINESS ACCESS DELAYS OR ACCESS
INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN
NAME REGISTERED IN YOUR NAME DATA NON-DELIVER, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION EVENTS BEYOND NamIT cc 'S
REASONABLE CONTROL THE PROCESSING OF THIS APPLICATION OF THE DISPUTE
POLICY NamIT cc WILL NOT BE LIABLE FOR ANY INDIRECT, SPECIAL,
INCIDENTAL, OR CONSEQUENTIAL DAMAGES OF ANY KIND (INCLUDING LOST
PROFITS) REGARDLESS OF THE FORM OF ACTION WHETHER IN CONTRACT, TORT
(INCLUDING NEGLIGENCE), BREACH OF WARRANTIES, EITHER EXPRESS OR IMPLIED,
OR OTHERWISE, EVEN IF NamIT cc ADVISED OF THE POSSIBILITY OF SUCH
DAMAGES. SOME STATES MAY NOT ALLOW SUCH A BROAD EXCLUSION OR LIMITATION
OF LIABILITY FOR DAMAGES, AS CONTAINED HEREIN; IN SUCH STATES, OUR
LIABILITY IS LIMITED TO THE FULL EXTENT PERMITTED BY LAW. IN NO EVENT
SHALL NamIT cc MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT
PAID BY YOU FOR REGISTRATION OF A DOMAIN NAME.
2.6. Indemnification
You agree to defend, indemnify, and hold harmless NamIT cc for any
loss, damages, or costs, including reasonable attorneys' fees, resulting
from any third party claim, action, or demand related to the
registration or use of the domain name registered in your name. This
indemnification is in addition to any indemnification required of you
under the Dispute Policy.
2.7. Data for Domain Transfer
You understand that this is a request for a domain name transfer of
registrars. By acceptance of this Transfer Agreement, you are requesting
that the domain name registration be transferred from the current
registrar to NamIT cc . As the current authorized Registrant of
the domain name(s), you agree to authorize this transfer by notifying
your Administrative contact of his/her responsibilities with respect to
this transfer. You acknowledge that you and NamIT cc have entered
into a Domain Name Registration Agreement (hereinafter referred to as
"Registration Agreement"). You have read, understood, and agree to be
legally bound by the agreements that govern all domain names registered
through NamIT cc as found on the legal agreements page, including
the Domain Name Registration Agreement ; the dispute policy ; this
Agreement; any NamIT cc policies and procedures that are or may be
published from time to time by NamIT cc , ICANN, and/or the
Registry Administrator chosen by ICANN.
Entire Agreement
This Agreement, together with all Exhibits hereto, constitutes the
entire understanding and agreement of the parties with respect to its
subject matter, and supersedes all prior understandings and agreements,
whether written or oral, with respect to such subject matter. No waiver,
modification or amendment of any provision of this Agreement will be
effective unless it is in writing and signed by the parties without
limiting the foregoing, no waiver shall be implied by or deemed to have
occurred on account of any course of conduct or dealing. No additional
or different terms provided in any purchase order or acceptance or
similar document shall be binding unless executed by authorized
representatives of both parties