DOMAIN NAME REGISTRATION AGREEMENT
This Registration Agreement ("Agreement") sets forth the terms and conditions
of your use of hivetec's ("hivetec") domain name registration
services to register an Internet domain name, your registration of that
domain name, as well as other hivetec domain name related services.
In this Agreement "you" and "your" refer to each customer and "we", "us"
and "our" refer to hivetec. This Agreement explains our obligations
to you, and explains your obligations to us for various hivetec services.
By selecting our service(s) you have agreed to establish an account with
us for such services. When you use your account or permit someone else
to use it to purchase or otherwise acquire access to additional hivetec
service(s) or to cancel your hivetec service(s) (even if we were not
notified of such authorization), this Agreement covers such service or
actions. By using the service(s) provided by hivetec under this Agreement,
you acknowledge that you have read and agree to be bound by all terms
and conditions of this Agreement, the accompanying dispute policy and
any pertinent rules or policies that are or may be published by hivetec.
This Agreement will become effective when accepted by hivetec. hivetec
may elect to accept or reject your domain name registration application
for any reason at its sole discretion, such rejection including, but not
limited to, rejection due to a request for registration of a prohibited
domain name.
1. Our Services: hivetec is afiliated
only with registrars who are accredited with the Internet Corporation
for Assigned Names and Numbers ("ICANN") for Top Level Domain Names (TLDs),
currently .com, .net and .org. ICANN oversees registrations and other
aspects of the TLDs. As an accredited domain name registrar, hivetec
is, upon accepting your domain name registration application, your sponsor
for that application. All domain name registrations we register for TLDs
are not effective until we have delivered the domain name registration
information you provide us to the registry administrator for the TLDs,
as applicable, and the registry administrator puts into effect your domain
name registration. Currently, the registry administrator for the .com,
.net and .org TLDs is Network Solutions, Inc.
You agree and acknowledge that hivetec is not liable or responsible
in any way for any errors, omissions or any other actions by the registry
administrator arising out of or related to your application and receipt
of, or failure to receive, a domain name registration.
You further agree to indemnify, defend and hold harmless the registry
administrator and its directors, officers, employees, and agents from
and against any and all claims, damages, liabilities, costs, and expenses
(including any direct, indirect, incidental, special or consequential
damages and reasonable legal fees and expenses) arising out of, or related
to, your domain name registration.
2. What We Do Not Do: We cannot and
do not check to see whether the domain name you select, or the use you
make of the domain name, infringes legal rights of others. We urge you
to investigate to see whether the domain name you select or its use infringes
legal rights of others, and in particular we suggest you seek advice of
competent counsel. You may wish to consider seeking one or more trademark
registrations in connection with your domain name. You should be aware
that there is the possibility we might be ordered by a court to cancel,
modify, or transfer your domain name. You should also be aware that if
we are sued or threatened with lawsuit in connection with your domain
name, we may turn to you to hold us harmless and to indemnify us.
3. Fees: As consideration for the
domain name registration services and/or other services provided by hivetec
to you, you agree to pay hivetec, prior to the effectiveness of the
desired domain name registration, the applicable service(s) fees for the
initial registration of the domain name and, should you choose to renew
the registration, subsequent renewals of the registration. All fees are
non-refundable, in whole or in part, even if your domain name registration
is suspended, cancelled or transferred prior to the end of your then current
registration term. Your requested domain name will not be registered unless
we receive actual payment of the registration fee, or reasonable assurance
of payment of the registration fee from some other entity (such reasonable
assurance as determined by hivetec in its sole discretion). As further
consideration for the hivetec service(s), you agree to: (1) provide
certain current, complete and accurate information about you as required
by the registration process and (2) maintain and update this information
as needed to keep it current, complete and accurate. All such information
shall be referred to as account information ("Account Information"). In
the event of a charge back by a credit card company (or similar action
by another payment provider allowed by us) in connection with the payments
of the registration fee for your domain name registration, you agree and
acknowledge that the domain name registration shall be transferred to
hivetec as the paying entity for that registration to the registry.
We will reinstate your domain name registration solely at our discretion,
and subject to our receipt of the initial registration or renewal fee
and our then-current reinstatement fee, currently set at US$200. For more
information, please click here.
You will be notified via an email message or via your account information
when renewal fees are due. Should these fees go unpaid within the time
specified in a second notice or reminder regarding renewal, your registration
will be cancelled. Payment must be made by credit card or such other method
as we may indicate in the registration application or renewal form. We
will renew your name for you provided your credit card or other billing
information is available and up to date, unless you instruct us otherwise
within the time specified. If your billing information is not accurate
and you wish to renew your domain name registration, we will contact you
to update this information and charge you accordingly.
4. Disclaimer and Domain Name Dispute Policy:
If you request, reserved or registered a domain name through us, or transferred
a domain name to us from another registrar, you agree to be bound by hivetec's
current Disclaimer published on our site ("Disclaimer") and
our current Domain Name Dispute Policy ("Dispute Policy") which are incorporated
herein and made a part of this Agreement by reference. The Disclaimer
can be found at /legal/disclaimer.php
and the Dispute Policy can be found at /legal/drp.en.php.
Certain disputes, as specified in the Dispute Policy, are subject to that
Policy. You agree that, if the registration or reservation of your domain
name is challenged by a third party, you will be subject to the provisions
specified in the Dispute Policy in effect at the time your domain name
registration is disputed by the third party. You also agree that, in the
event a domain name dispute arises with any third party, you will indemnify
and hold hivetec harmless pursuant to the terms and conditions contained
in the Dispute Policy.
5. Transfer to another Registrar: You
agree that you may not transfer your domain name registration to another
domain name registrar during the first sixty (60) days from the effective
date of your initial domain name registration with hivetec. You agree
to provide written, signed authorization to hivetec for the transfer
of the domain name to another registrar and agree to pay any and all fees
that may be charged by hivetec to effect the transfer. Your request
to transfer to another registrar may be denied in situations described
in the Dispute Policy, including, but not limited to: a dispute over the
identity of the domain name holder; bankruptcy; and default in the payment
of any fees.
6. Modifications to hivetec's Registration Agreement
and Dispute Policy:
You agree, during the period of this Agreement, that we may: (1) revise
the terms and conditions of this Agreement; and (2) change the services
provided under this Agreement. Any such revision or change will be binding
and effective immediately on posting of the revised Agreement or change
to the service(s) on hivetec's web site, or on notification to you
by e-mail or United States mail. You agree to review hivetec's web
site, including the Agreement, periodically to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate
this Agreement at any time by providing us with notice using our contact form
or postage mail to the addresses listed on the about-us page of this
Site. Notice of your termination will be effective on receipt and
processing by us. You agree that, by continuing to use the hivetec
services following notice of any revision to this Agreement or change
in service(s), you abide by any such revisions or changes. You further
agree that we, in our sole discretion, may modify our Dispute Policy at
any time. Your continued use of the domain name registered to you shall
constitute your acceptance of this Agreement and the Dispute Policy with
the new modifications. You acknowledge that if you do not agree to any
of such changes, you may request that your domain name registration be
cancelled or transferred to a different domain name registrar. You agree
that such cancellation or request for transfer will be your exclusive
remedy if you do not wish to abide by any changes to this Agreement or
the Dispute Policy.
7. Account Information and Its Use:
a. Information You Are Required to Submit. As part of the registration
process, you are required to provide certain information and to update
this information promptly as needed to keep it current, complete and accurate.
The information you are obligated to provide in connection with the domain
name you are registering is the following:
i. The domain name being registered;
ii. Your (or The domain name holder's) name, postal address, e-mail address,
voice telephone number, and where available, fax number; and
iii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the billing contact for the domain
name; and
iv. Valid payment information
You agree and acknowledge that when you renew your domain name registration,
the type of information you are required to provide may have changed.
If you do not wish to provide the new required information, your registration
may not be renewed.
All other information which we may request from you at registration is
voluntary. However, not providing the requested information may prevent
you from obtaining all products and services made available to domain
name registrants by us, other than registration of the domain name.
b. Additional Information Maintained About Your Registration. In
addition to the information you provide, we maintain records relating
to your domain name registration. These records may include:
i. The original creation date of the registration;
ii. The submission date and time of the registration application to us
and by us to the proper registry;
iii. Communications (electronic or paper form) constituting registration
orders, modifications, or terminations and related correspondence between
you and us;
iv. Records of account for your domain name registration, including dates
and amounts of all payments and refunds;
v. The IP addresses of the primary nameserver and any secondary nameservers
for the domain name;
vi. The corresponding names of those nameservers;
vii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the technical contact for the domain
name;
viii. The name, postal address, e-mail address, voice telephone number,
and where available, fax number of the zone contact for the domain name;
ix. The expiration and renewal date of the registration;
x. Information and copies in electronic or paper form regarding all other
activity between you and us and third parties relating to your domain
name registration and related services.
c. Your Obligations Relating to the Account Information. In the
event that, in registering the domain name, you are providing information
about or on behalf of a third party, you hereby represent that you have
(a) provided notice to that third party of the disclosure and use of that
party's information as set forth in this Agreement, and (b) that you have
obtained that third party's express consent to the disclosure and use
of that party's information as set forth in this Agreement. By registering
a name or applying for services you also represent that the statements
in its application are true and you also represent that the Domain Name
is not being registered for any unlawful purpose.
You acknowledge that willfully providing inaccurate information or willfully
failing to update information promptly will constitute a material breach
of this Agreement and will be sufficient basis for cancellation of your
domain name registration. You further agree that your failure to respond
for over ten (10 ) calendar days to inquiries by hivetec concerning
the accuracy of contact details associated with your registration shall
constitute a material breach of this Agreement and will be sufficient
basis for cancellation of your domain name registration.
d. Privacy Policy: Disclosure and Use of Registration Information.
You agree and acknowledge that hivetec will make available domain name
registration information you provide or that we otherwise maintain to
ICANN, to the registry administrator(s), and to other third parties as
ICANN and applicable laws may require or permit. You further agree and
acknowledge that hivetec may make publicly available, or directly available
to third party vendors, some, or all, of the domain name registration
information you provide, for purposes of inspection (such as through our
"whois" service) or for targeted marketing and other purposes as required
or permitted by ICANN and applicable laws.
Additionally, you acknowledge that ICANN may establish guidelines, limits
and/or requirements that relate to the amount and type of information
that hivetec may or must make available to the public or to private
entities, and the manner in which such information is made available.
You hereby consent to any and all such disclosures and use of, and guidelines,
limits and restrictions on disclosure or use of, information provided
by you in connection with the registration of a domain name (including
any updates to such information), whether during or after the term of
your registration of the domain name. You hereby irrevocably waive any
and all claims and causes of action you may have arising from such disclosure
or use of your domain name registration and other information by hivetec.
You may access your domain name registration information in our possession
to review, modify or update such information, by accessing your account
at our web site (http://www.hivetec.net), or via a similar service.
In order to change any of your account information with us, you must use
your Account Identifier and Password that you selected when you opened
your account with us. Please safeguard your Account Identifier and Password
from any unauthorized use. You agree that any person in possession of
you Account Identifier and Password will have the ability and your authorization
to modify your account information. In no event will we be liable for
the unauthorized use or misuse of your Account Identifier or Password.
hivetec will take reasonable precautions to protect the information
it obtains from you from our loss, misuse, unauthorized access or disclosure,
alteration or destruction of that information.
8. Ownership of Information and Data:
You agree and acknowledge that hivetec owns all database, compilation,
collective and similar rights, title and interests worldwide in our domain
name database, and all information and derivative works generated from
the domain name database. You further agree and acknowledge that we own
the following information for those registrations for which we are the
registrar: (a) the original creation date of the registration, (b) the
expiration date of the registration, (c) the name, postal address, e-mail
address, voice telephone number, and where available fax number of all
contacts for the domain name registration, (d) any remarks concerning
the registered domain name that appear or should appear in the WHOIS or
similar database, and (e) any other information we generate or obtain
in connection with the provision of domain name registration services,
other than the domain name being registered, the IP addresses of the primary
nameserver and any secondary nameservers for the domain name, and the
corresponding names of those nameservers. hivetec does not have any
ownership interest in your specific personal registration information
outside of its rights in our domain name database.
9. Agents and Licenses:
You agree that, if you are registering a domain name for or on behalf
of someone else, you represent that you have the authority to nonetheless
bind that person as a principal to all terms and conditions provided herein,
including the Dispute Policy.
You agree that if you license the use of the domain name registered to
you to a third party, you nonetheless remain the domain name holder of
record, and remain responsible for all obligations under this Agreement,
including but not limited to payment obligations, and providing (and updating,
as necessary) both your own full contact information, and accurate technical,
administrative, billing and zone contact information adequate to facilitate
timely resolution of any problems that arise in connection with the domain
name and domain name registration.
10. Announcements:
We reserve the right to distribute information to you that is pertinent
to the quality or operation of our services and those of our service partners.
These announcements will be predominately informative in nature and may
include notices describing changes, upgrades, new products or other information
to add security or to enhance your identity on the Internet
11. Limitation of Liability:
YOU AGREE THAT hivetec WILL NOT BE LIABLE FOR ANY (1) SUSPENSION
OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (2) USE OF YOUR
DOMAIN NAME REGISTRATION, (3) INTERRUPTION OF BUSINESS, (4) ACCESS DELAYS
OR ACCESS INTERRUPTIONS TO OUR SITE OR THE WEB SITE(S) OR SERVICES YOU
ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (5) LOSS OR LIABILITY
RESULTING FROM ACTS OF GOD (6) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION,
DESTRUCTION OR OTHER MODIFICATION; (7) EVENTS BEYOND hivetec'S CONTROL;
(8) THE PROCESSING OF THIS APPLICATION; (9) LOSS OR LIABILITY RESULTING
FROM THE UNAUTHORIZED USE OR MISUSE OF YOUR ACCOUNT IDENTIFIER OR PASSWORD;
OR (10) APPLICATION OF THE DISPUTE POLICY. hivetec ALSO 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), OR OTHERWISE, EVEN IF
hivetec HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO
EVENT SHALL hivetec'S MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL
AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT
GREATER THAN FOUR HUNDRED DOLLARS ($400.00). BECAUSE SOME STATES DO NOT
ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY IS LIMITED TO THE EXTENT PERMITTED
BY LAW.
12. Indemnity:
You agree to release, indemnify, and hold all Registry Operators, hivetec,
their contractors, agents, employees, officers, directors and affiliates
harmless from all liabilities, claims and expenses, including attorney's
fees, of third parties relating to or arising under this Agreement, the
hivetec services provided hereunder or your use of the hivetec services,
including without limitation infringement by you, or someone else using
any hivetec service with your computer, of any intellectual property
or other proprietary right of any person or entity, or from the violation
of any hivetec operating rule or policy relating to the service(s)
provided. When hivetec is threatened with suit by a third party, hivetec
may seek written assurances from you concerning your promise to indemnify
hivetec; your failure to provide those assurances may be considered
by us to be a breach of your Agreement and may result in deactivation
of your domain name. This indemnification is in addition to any indemnification
required under the Dispute Policy.
13. Representations and Warranties:
YOU REPRESENT THAT, TO THE BEST OF YOUR KNOWLEDGE AND BELIEF, NEITHER
THE REGISTRATION OF THE DOMAIN NAME NOR THE MANNER IN WHICH IT IS DIRECTLY
OR INDIRECTLY USED INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY. YOU FURTHER
REPRESENT AND WARRANT THAT ALL INFORMATION PROVIDED BY YOU IN CONNECTION
WITH YOUR DOMAIN NAME REGISTRATION IS ACCURATE. ALL DOMAIN NAME REGISTRATION
SERVICES ARE PROVIDED TO YOU "AS IS." EXCEPT FOR OUR STATEMENT REGARDING
OUR ACCREDITATION AS AN ICANN-APPROVED DOMAIN NAME REGISTRAR IN THE INTRODUCTORY
PARAGRAPH OF THIS AGREEMENT, WE MAKE NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT
OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO
WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS
SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT
ANY LIMITATION TO THE FOREGOING, hivetec MAKES NO REPRESENTATIONS OR
WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN
NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO
YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER
OF THE DOMAIN NAME REGISTERED TO YOU. YOU UNDERSTAND AND AGREE THAT ANY
MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE
OF THE hivetec'S E-MAIL FORWARDING OR OTHER EMAIL SERVICE IS DONE AT
YOUR OWN DISCRETION AND RISK AND THAT YOU WILL BE SOLELY RESPONSIBLE FOR
ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE
DOWNLOAD OF SUCH MATERIAL AND/OR DATA. hivetec MAKES NO WARRANTY REGARDING
ANY GOODS OR SERVICES PURCHASED OR OBTAINED THROUGH THE E-MAIL SERVICE
OR ANY TRANSACTIONS ENTERED INTO THROUGH THE E-MAIL SERVICE. NO ADVICE
OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM hivetec
OR THROUGH THE E-MAIL SERVICE SHALL CREATE ANY WARRANTY NOT EXPRESSLY
MADE HEREIN. SOME JURISDICTIONS DO NOT ALLOW THE EXCLUSION OF CERTAIN
WARRANTIES, SO SOME OF THE ABOVE EXCLUSIONS MAY NOT APPLY TO YOU.
14. Breach and Revocation:
hivetec reserves the right to suspend, cancel, transfer or modify your
domain name registration or suspend, cancel or modify other services we
provide in the event (a) you materially breach this Agreement (including
the Dispute Policy) and do not cure such breach within thirty (30) days
of notice by hivetec, (b) you use the domain name registered to you
to send unsolicited commercial advertisements in contradiction to either
applicable laws or customary acceptable usage policies of the Internet,
(c) you use your domain name in connection with unlawful activity, or
(d) grounds arise for such suspension, cancellation, transfer or other
modification as provided for in this Agreement. You further acknowledge
and agree that your registration of a domain name is subject to suspension,
cancellation or transfer by any ICANN procedure, by any registrar (including
hivetec) or registry administrator procedures approved by an ICANN-adopted
policy, (1) to correct mistakes by hivetec, another registrar or the
registry administrator in administering the name or (2) for the resolution
of disputes concerning the domain name.
You also agree that hivetec shall have the right in its sole discretion
to suspend, cancel, transfer or otherwise modify a domain name registration
upon seven (7) calendar days prior written notice, or at such time as
hivetec receives a properly authenticated order from a court of competent
jurisdiction, or arbitration award, requiring the suspension, cancellation
transfer or modification of the domain name registration.
15. Right Of Refusal:
We, in our sole discretion, reserve the right to refuse to register or
reserve your chosen domain name or register you for other hivetec service(s),
or to delete your domain name within thirty (30) calendar days from receipt
of your payment for such services. In the event we do not register or
reserve your domain name or register you for other hivetec service(s),
or we delete your domain name or other hivetec service(s) within such
thirty (30) calendar day period, we agree to refund your applicable fee(s).
You agree that we shall not be liable to you for loss or damages that
may result from our refusal to register or reserve, or delete your domain
name or register you for other hivetec service(s)
16. Governing Law:
Except as otherwise set forth in the Dispute Policy with respect to disputes,
this Agreement, your rights and obligations and all actions contemplated
by this Agreement shall be governed by the laws of the United States of
America and the State of Washington, as if the Agreement was a contract
wholly entered into and wholly performed within the State of Washington.
Except as otherwise set forth in the Dispute Policy with respect to disputes,
any action to enforce this Agreement or any matter relating to your use
of the hivetec site shall be brought exclusively in the United States
District Court for the Western District of Washington, or if there is
no jurisdiction in such court, then in a state court in King County.
17. Notices:
You agree that any notices required to be given under this Agreement by
hivetec to you will be deemed to have been given if delivered in accordance
with the contact information you have provided.
18. Infancy:
You attest that you are of legal age to enter into this Agreement.
19. General:
This Agreement, hivetec's Disclaimer and the Dispute Policy, together
with all modifications, constitute the complete and exclusive agreement
between you and hivetec, and supersede and govern all prior proposals,
agreements, or other communications. Nothing contained in this Policy
shall be construed as creating any agency, partnership, or other form
of joint enterprise between the parties. The failure of hivetec to
require your performance of any provision hereof shall not affect the
full right to require such performance at any time thereafter; nor shall
the waiver by hivetec of a breach of any provision hereof be taken
or held to be a waiver of the provision itself. In the event that any
provision of this Policy shall be unenforceable or invalid under any applicable
law or be so held by applicable court decision, such unenforceability
or invalidity shall not render this Policy unenforceable or invalid as
a whole. hivetec will amend or replace such provision with one that
is valid and enforceable and which achieves, to the extent possible, the
original objectives and intent of hivetec as reflected in the original
provision. This Agreement, hivetec's Disclaimer and the Dispute Policy
may not be amended or modified by you except by means of a written document
signed by both you and an authorized representative of hivetec.
20. Additional Registry Requirements
Listed below are additional contractual requirements that you, the registrant,
must agree to should you desire to register a domain name in these registries.
- (.NU) In addition to the terms set forth above, the following
terms shall apply to registrants of .tv, .cc, .bz, .nu and .ws domain
names. Your registration of a domain name in the .TV, .CC, .BZ, .NU
or .WS top-level domain ("New TLD Domain Name"), is subject to policies
established or revised from time to time by the registry for such New
TLD Domain Name ("New TLD Registry"), in its capacity as the registry
for its respective Top Level Domain. Each respective New TLD Registry's
current policies ("New TLD Registry Policies") are available for you
to review at each New TLD's respective website. You agree to be bound
by and comply with the applicable New TLD Registry Policies, including
amendments and modifications thereto, with respect to your New TLD Domain
Name registration. Such policies shall not alter the terms and conditions
of this Agreement. To the extent there is a conflict between the New
TLD Registry policies and the terms of this Agreement, the terms of
this Service Agreement shall prevail. You agree that the New TLD Registry
has the right to enforce the New TLD Registry Policies.
- (.INFO) Should you seek to register a .INFO second level domain
name you, the registrant, must agree to the following terms:
- Registrant consents to the use, copying, distribution, publication,
modification, and other processing of Registered Domain Name Holder's
Personal Data by Afilias, the .INFO Registry Operator, and its designees
and agents in a manner consistent with the purposes specified pursuant
in its contract.
- Registrant agrees 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.
- Registrant agrees to immediately correct and update the registration
information for the Registered Name during registration term for the
Registered Name, failure to correct this information shall constitute
a breach of this Agreement.
- Registrant acknowledges that Afilias, the registry operator for
.INFO, 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.
- Registrar and Afilias, the registry operator for .INFO, 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 Registrar and/or Afilias as well as their
affiliates, subsidiaries, officers, directors and employees. Registrar
and Afilias also reserve the right to freeze a domain name during
resolution of a dispute.
- (.BIZ) Should you seek to register a .BIZ second level domain
name you, the registrant, must agree to the following terms:
- 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:
I. To exchange goods, services, or property of any kind;
II. In the ordinary course of trade or business; or
III. To facilitate:
a) the exchange of goods, services, information, or property of any
kind; or, b) the ordinary course of trade or business.Registering
a domain name solely for the purposes of
i. selling, trading or leasing the domain name for compensation, or
ii. 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
a. selling, trading or leasing the domain name for compensation, or
b. 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
1. The domain name registrant has the authority to enter into the
registration agreement; and
2. the registered domain name is reasonably related to the registrant's
business or intended commercial purpose at the time of registration.
- PROVISION OF REGISTRATION DATA.
a) Provision of Registration Data. As part of the registration process,
you are required to Provide us with certain information and to update
this information to keep it current, complete and accurate. This information
includes (i) your full name, postal address, e-mail address, voice
telephone number, and fax number if available; (ii) the name of an
authorized person for contact purposes in the case of a registrant
that is an organization, association, or corporation; (iii) the IP
addresses of the primary nameserver and any secondary nameserver(s)
for the domain name; (iv) the corresponding names of those nameservers;
(v) the full name, postal address, e-mail address, voice telephone
number, and fax number if available of the technical contact for the
domain name; (vi) the full name, postal address, e-mail address, voice
telephone number, and fax number if available of the administrative
contact for the domain name; (vii) the name, postal address, e-mail
address, voice telephone number, and fax number if available of the
billing contact for the domain name; and (viii) any remark concerning
the registered domain name that should appear in the Whois directory.
You 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.
b) Inaccurate or Unreliable Data. You hereby represent and warrant
that the data provided in the domain name registration application
is true, correct, up to date and complete and that you will continue
to keep all the information provided up to date. Your willful provision
of inaccurate or unreliable information, your willful failure promptly
to update information provided to us, or any failure to respond for
over five calendar days to our inquiries addressed to the e-mail address
of the administrative, billing or technical contact then appearing
in the Whois directory with respect to an domain name concerning the
accuracy of contact details associated with any registration(s) or
the registration of any domain name(s) registered by or through you
or your account, shall constitute a breach of this Agreement. Any
information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain name(s) and for the purposes of this Agreement
and as required or permitted by the ICANN Agreement or any ICANN/Registry
Policy.
- 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:
(i) The Uniform Domain Name Dispute Resolution Policy, available at
http://www.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available
at http://www.neulevel.com/countdown/rdrp.html.
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 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. hivetec 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 hivetec and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries, officers,
directors and employees. hivetec and NeuLevel, Inc. also reserve
the right to freeze a domain name during resolution of a dispute.
- (.NAME) Should you seek to register a .NAME second level domain
name you, the registrant, must agree to the following terms:
- DEFENSIVE REGISTRATIONS
Defensive Registrations allow owners of nationally registered marks
to exclusively pre-register on the .name space and create a protective
barrier for their trademarks. A "Defensive Registration" is a registration
granted to a third party of a specific string on the second or third
level, or of a specific set of strings on the second and third levels,
which will not resolve within the domain name system but may prevent
the registration of the same string(s) on the same level(s) by other
third party applicants.
- PHASES OF DEFENSIVE REGISTRATIONS
(a) As a Defensive Registration Registrant ("Defensive Registrant"),
you hereby certify to the best of your knowledge that for Phase
I Defensive Registrations ("Phase I Defensive Registrants"), you
own valid and enforceable trademark or service mark registrations
having national effect that issued prior to April 16, 2001 for strings
that are identical to the textual or word elements, using ASCII
characters only, subject to the same character and formatting restrictions
as apply to all registrations in the Registry TLD. You understand
that trademark or service mark registrations from the supplemental
or equivalent Registry of any country, or from individual states
or provinces of a nation, will not be accepted. Subject to the same
character and formatting restrictions as apply to all registrations
in the Registry TLD, if a trademark or service mark registration
incorporates design elements, the ASCII character portion of that
mark may qualify to be a Phase I Defensive Registration.
(b) Phase II Defensive Registrants may apply for a Defensive Registration
for any string or combination of strings.
(c) Defensive Registrants, whether Phase I or Phase II shall comply
with the following Eligibility Requirements, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm,
the summary of which is as follows:
(i) There are two levels of Defensive Registrations, each of which
is subject to payment of a separate fee;
(ii) Multiple persons or entities may obtain identical or overlapping
Defensive Registrations upon payment by each of a separate registration
fee;
(iii) The Defensive Registrant must provide the information requested
in Section 3(a) below;
(iv) A Defensive Registration will not be granted if it conflicts
with a then-existing Personal Name Registration or other reserved
word or string.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to provide
us with certain information and to update this information to keep
it current, complete and accurate. You must provide contact information,
including name, email address, postal address and telephone number,
for use in disputes relating to the Defensive Registration. You
understand and agree that this contact information will be provided
as part of the Whois record for the Defensive Registration. You
further understand that the foregoing registration data may be transferred
outside of the European Community, such as to the United States,
and you expressly consent to such export.
(b) In addition to the information provided in subsection (a) above,
Phase I Defensive Registrants must also provide (1) the name, in
ASCII characters, of the trademark or service mark being registered;
(2) the date the registration issued; (3) the country of registration;
and (4) the registration number or other comparable identifier used
by the registration authority
(c) You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you
will continue to keep all of the information provided up-to-date.
Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to
us, or any failure to respond for over five (5) calendar days to
our inquiries addressed to the email address of the administrative,
billing or technical contact then appearing in the publicly available
Whois directory with respect to a Defensive Registration(s) concerning
the accuracy of contact details associated with any such Defensive
Registration(s) registered by or through you or your account shall
constitute a breach of this Agreement.
- DOMAIN NAME DISPUTE POLICY
(a) If you registered a Defensive Registration, you agree that:
(i) the Defensive Registration will be subject to challenge pursuant
to the Eligibility Requirements Dispute Resolution Policy ("ERDRP");
(ii) if the Defensive Registration is successfully challenged pursuant
to the ERDRP, the Defensive Registrant will pay the challenge fees;
and (iii) if a challenge is successful, then the Defensive Registration
will be subject to the procedures described in Section 2(h) of Appendix
L to the agreement of Global Name Registry ("Registry Operator")
with the Internet Corporation for Assigned Names and Numbers ("ICANN"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
(b) You further agree that if a Phase I Defensive Registration is
successfully challenged on the basis that it did not meet the applicable
Eligibility Requirements, the Defensive Registrant will thereafter
be required to demonstrate, at its expense, that it meets the Eligibility
Requirements for Phase I Defensive Registrations for all other Phase
I Defensive Registrations that it registered within .name through
any Registrar. In the event that the Defensive Registrant is unable
to demonstrate the foregoing with respect to any such Phase I Defensive
Registration(s), those Defensive Registration(s) will be cancelled.
(c) The ERDRP applies to, among other things, challenges to Defensive
Registrations within .name and is available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
- DEFENSIVE REGISTRATION 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 Defensive Registration 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.
- DEFENSIVE REGISTRATIONS DISPUTES
You agree that, if your Defensive Registration is challenged by
a third party, you will be subject to the provisions specified in
our Defensive Registration dispute policy in effect at the time
of the dispute. You agree that in the event a Defensive Registration
dispute arises with any third party, you will indemnify and hold
hivetec 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 Defensive Registration, you agree not to make any changes to
your Defensive Registration record without our prior approval. We
may not allow you to make changes to such Defensive Registration
record until (i) we are directed to do so by the judicial or administrative
body, or (ii) we receive notification by you and the other party
contesting your Defensive 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 Defensive
Registration and use of our domain name registration services, we
may deposit control of your Defensive Registration record into the
registry of the judicial body by supplying a party with a Registrar
certificate from us.
- CONSENT
Defensive Registrants may be asked to give their consent to allow
individuals to share a part of their space. For example, if you
have filed a Defensive Registration on PQR (which blocks out ANYSTRING.PQR.name
and PQR.ANYSTRING.name), you may be asked to give consent to John
Pqr to register JOHN.PQR.name if he can prove that PQR is his name.
In such a circumstance, you will have five (5) days to respond to
a request for consent.
- .name REGISTRATION RESTRICTIONS
Registrations in the .name TLD must constitute an individual's "Personal
Name". For purposes of the .name restrictions (the "Restrictions"),
a "Personal Name" is a person's legal name, or a name by which the
person is commonly known. A "name by which a person is commonly
known" includes, without limitation, a pseudonym used by an author
or painter, or a stage name used by a singer or actor.
- .name CERTIFICATIONS As a .name domain name Registrant, you hereby
certify to the best of your knowledge that:
(a) You have the authority to enter into this Agreement; and
(b) The registered domain name or second level domain ("SLD") email
address is your Personal Name.
- PROVISION OF REGISTRATION DATA
(a) As part of the registration process, you are required to provide
us with certain information and to update this information to keep
it current, complete and accurate. This information includes the
information contained in the Whois directory, including: (i) your
full name and postal address, email address, voice telephone number,
and fax number, if available; (ii) the IP addresses and names of
the primary nameserver and any secondary nameserver(s) for the domain
name; (iii) the full name, postal address, email address, voice
telephone number, and fax number, if available, of the technical
contact for the domain name; (iv) the full name, postal address,
email address, voice telephone number, and fax number if available
of the administrative contact for the domain name; (v) the name,
postal address, email address, voice telephone number, and fax number,
if available, of the billing contact for the domain name. You agree
and understand that the foregoing registration data will be publicly
available and accessible on the Whois directory as required by Internet
Corporation for Assigned Names and Numbers ("ICANN")/Registry Policy.
You further understand that the foregoing registration data may
be transferred outside of the European Community, such as to the
United States, and you expressly consent to such export.
(b) You hereby represent and warrant the data provided in the registration
application is true, correct, up-to-date and complete and that you
will continue to keep all of the information provided up-to-date.
Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to
us, or any failure to respond to our inquiries addressed to the
email address of the administrative, billing or technical contact
then appearing in the Whois directory with respect to a domain name
concerning the accuracy of contact details associated with any registration(s)
or the registration of any domain name(s) registered by or through
you or your account shall constitute a breach of this Agreement.
Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with
the registration of your domain name(s) and for the purposes of
this Agreement and as required or permitted by the ICANN Agreement
or an ICANN/Registry Policy.
- DOMAIN NAME DISPUTE POLICY
If you reserved or registered a .name 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:
(a) the Eligibility Requirements (the "Eligibility Requirements"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm;
(b) the Eligibility Requirements Dispute Resolution Policy (the
"ERDRP"), available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm;
and
the Uniform Domain Name Dispute Resolution Policy (the "UDRP"),
available at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
The Eligibility Requirements dictate that Personal Name domain names
and Personal Name SLD email addresses will be granted on a first-come,
first-served basis, except for registrations granted as a result
of a dispute resolution proceeding or during the landrush procedures
in connection with the opening of the Registry TLD. The following
categories of Personal Name Registrations may be registered: (i)
the Personal Name of an individual; (ii) the Personal Name of a
fictional character, if you have trademark or service mark rights
in that character's Personal Name; (iii) in addition to a Personal
Name registration, you may add numeric characters to the beginning
or the end of your Personal Name so as to differentiate it from
other Personal Names.
The ERDRP applies to challenges to (i) registered domain names and
SLD email address registrations within .name on the grounds that
a Registrant does not meet the Eligibility Requirements, and (ii)
to Defensive Registrations within .name.
The UDRP sets forth the terms and conditions in connection with
a dispute between a Registrant and party other than Global Name
Registry ("Registry Operator") or Registrar over the registration
and use of an Internet domain name registered by a Registrant.
- 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 or SLD email address 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 hivetec 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.
- EMAIL FORWARDING
(a) The service for which you have registered may, at your option,
include Email Forwarding. To the extent you opt to use Email Forwarding,
you are obliged to do so in accordance with all applicable legislation
and are responsible for all use of Email Forwarding, including the
content of messages sent through Email Forwarding.
(b) You undertake to familiarize yourself with the content of and
to comply with the generally accepted rules for Internet and email
usage. This includes, but is not limited to the Acceptable Use Policy,
available at _____________, as well as the following restrictions.
Without prejudice to the foregoing, you undertake not to use Email
Forwarding:
(i) to encourage, allow or participate in any form of illegal or
unsuitable activity, including but not restricted to the exchange
of threatening, obscene or offensive messages, spreading computer
viruses, breach of copyright and/or proprietary rights or publishing
defamatory material;
(ii) to gain illegal access to systems or networks by unauthorized
access to or use of the data in systems or networks, including all
attempts at guessing passwords, checking or testing the vulnerability
of a system or network or breaching the security or access control
without the sufficient approval of the owner of the system or network;
(iii) to interrupt data traffic to other users, servers or networks,
including, but not restricted to, mail bombing, flooding, Denial
of Service (DoS) attacks, willful attempts to overload another system
or other forms of harassment; or
(iv) for spamming, which includes, but is not restricted to, the
mass mailing of unsolicited email, junk mail, the use of distribution
lists (mailing lists) which include persons who have not specifically
given their consent to be placed on such a distribution list.
Users are not permitted to provide false names or in any other way
to pose as somebody else when using Email Forwarding.
(c) Registry Operator reserves the right to implement additional
anti-spam measures, to block spam or mail from systems with a history
of abuse from entering Registry Operator's Email Forwarding. However,
due to the nature of such systems, which actively block messages,
Registry Operator shall make public any decision to implement such
systems a reasonable time in advance, so as to allow you or hivetec
Inc. to give feedback on the decision.
(d) You understand and agree that Registry Operator may delete material
that does not conform to clause (c) above or that in some other
way constitutes a misuse of Email Forwarding. You further understand
and agree that Registry Operator is at liberty to block your access
to Email Forwarding if you use Email Forwarding in a way that contravenes
this Agreement. You will be given prior warning of discontinuation
of the Email Forwarding unless it would damage the reputation of
Registry Operator or jeopardize the security of Registry Operator
or others to do so. Registry Operator reserves the right to immediately
discontinue Email Forwarding without notice if the technical stability
of Email Forwarding is threatened in any way, or if you are in breach
of this Agreement. On discontinuing Email Forwarding, Registry Operator
is not obliged to store any contents or to forward unsent email
to you or a third party.
(e) You understand and agree that to the extent Registry Operator
is required by law to disclose certain information or material in
connection with your Email Forwarding, Registry Operator will do
so in accordance with such requirement and without notice to you.
- RESERVATION OF RIGHTS
hivetec and Registry Operator Operator, expressly reserve
the right to deny, cancel or transfer any Defensive 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 hivetec and/or
Registry Operator, as well as their affiliates, subsidiaries, officers,
directors and employees. hivetec and Registry Operator also
reserve the right to freeze a Defensive Registration during a resolution
of a dispute.
- LIMITATION OF LIABILITY
You agree that Registry Operator will have no liability of any kind
for any loss or liability resulting from (i) the processing of Defensive
Registration requests prior to live SRS launch, including, without
limitation, your ability or inability to obtain a Registered Name
or SLD email address registration using these processes; or (ii)
any dispute over any .name domain name, SLD email address, Defensive
Registration or NameWatch Registration, including the decision of
any dispute resolution proceeding related to any of the foregoing.
- INDEMNIFICATION
You agree to indemnify, 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 registration. This indemnification obligation will survive
the termination or expiration of this Agreement.
- COMPLIANCE WITH TERMS AND CONDITIONS
Registrar shall comply with the following:
(a) ICANN standards, policies, procedures, and practices for which
Registry Operator has monitoring responsibility in accordance with
the Registry Agreement or under any other arrangement with ICANN;
and
(b) operational standards, policies, procedures, and practices for
the Registry TLD established from time to time by Registry Operator
in a non-arbitrary manner and applicable to all Registrars, including
affiliates of Registry Operator, and consistent with ICANN's standards,
policies, procedures, and practices and Registry Operator's Registry
Agreement with ICANN. Among Registry Operator's operational standards,
policies, procedures, and practices are those set forth in Exhibit
E of the Registry-Registrar Agreement, available at http://www.icann.org/tlds/agreements/name/registry-agmt-appf-03jul01.htm.
Additional or revised Registry Operator operational standards, policies,
procedures, and practices for the Registry TLD shall be effective
upon thirty (30) days notice by Registry Operator to Registrar.
- (.US) Should you seek to register a .US second level domain
name you, the registrant, must agree to the following terms:
- Representations and Warranties.
You represent and certify that, to the best of your knowledge and
belief, (i) neither the registration of the domain name nor the
manner in which it is directly or indirectly used infringes the
legal rights of any third party, (ii) you have the requisite power
and authority to enter into this Agreement and to perform the obligations
hereunder, (iii) you have and shall continue to have a lawful bona
fide U.S. Nexus as defined in the "usTLD Nexus Requirements" , (iv)
you are of legal age to enter into this Agreement, and (vi) you
agree to comply with all applicable laws, regulations and policies
of hivetec, Inc, and the usTLD Administrator.
- Provision of Registration Data.
As part of the registration process, you are required to provide
us with certain information and to update this information to keep
it current, complete and accurate. This information includes: (i)
the Registered Name; (ii) the names of the primary nameserver and
secondary nameserver(s) for the Registered Name; (iii) your name
and postal address; (iv) the name, postal address, e-mail address,
voice telephone number, and (where available) fax number of the
technical contact for the Registered Name; (v) the name, postal
address, e-mail address, voice telephone number, and (where available)
fax number of the administrative contact for the Registered Name;
(vi) the name, postal address, e-mail address, voice telephone number,
and fax number if available of the billing contact for the Registered
Name; (vii) any remark concerning the registered domain name that
should appear in the Whois directory; and (viii) any other data
NeuStar, as the Registry, requires be submitted to it, including
specifically information regarding the primary purpose for which
a domain name is registered (e.g., business, education, etc.). You
agree and understand that the foregoing registration data will be
publicly available and accessible on the Whois directory pursuant
to the DoC/Registry Policy. Any information collected by us concerning
an identified or identifiable natural person ("Personal Data") will
be used in connection with the registration of your domain name(s)
and for the purposes of this Agreement and as required or permitted
by the Department of Commerce Contract with the Registry or any
USTLD Administrator/DoC Policy.
- Inaccurate or Unreliable Data.
You hereby represent and warrant that the data provided in the domain
name registration application is true, correct, up to date and complete
and that you will continue to keep all the information provided
up to date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to
us, or any failure to respond for over five calendar days to our
inquiries addressed to the e-mail address of the administrative,
billing or technical contact then appearing in the Whois directory
with respect to a domain name concerning the accuracy of contact
details associated with any registration(s) or the registration
of any domain name(s) registered by or through you or your account,
shall constitute a breach of this Agreement.
- Government Use of Data.
You understand and agree that the U.S. Government shall have the
right to use, disclose, reproduce, prepare derivative works, distribute
copies to the public, and perform publicly and display publicly,
in any manner and for any purpose whatsoever and to have or permit
other to do so, all Data provided by Registrant. "Data" means any
recorded information, and includes without limitation, technical
data and computer software, regardless of the form or the medium
on which it may be recorded.
- Licensing of a Domain Name.
If you intend to license use of a domain name to a third party,
you nonetheless are the registrant of record and are 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. You shall accept liability for harm caused
by wrongful use of the domain name, unless you promptly disclose
the identity of the licensee to a party providing you reasonable
evidence of actionable harm
- Domain Name Dispute Policy.
If you reserved or registered a .us 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 policies
of the usTLD Administrator as documented on its website, www.neustar.us,
as they may be amended from time to time, and which are hereby incorporated
and made an integral part of this Agreement.
- 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,
including Registry policies incorporated by reference. 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 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.
- Jurisdiction. For the adjudication of disputes concerning or arising
from use of the domain name, you shall submit, without prejudice
to other potentially applicable jurisdictions, to the jurisdiction
of the courts (1) of the Registrant's domicile, (2) the State of
Washington, and 3) the Commonwealth of Virginia.
- Suspension, Cancellation or Transfer. You agree that your registration
of the domain name shall be subject to suspension, cancellation,
or transfer pursuant to any usTLD Administrator adopted specification
or policy, or pursuant to any registrar or usTLD Administrator procedure
not inconsistent with a usTLD Administrator adopted specification
or policy, (1) to correct mistakes by Registrar or the usTLD Administrator
in registering the name or (2) for the resolution of disputes concerning
the domain name.
- Indemnification. The Registrant shall indemnify and hold harmless
the hivetec and the usTLD Administrator and their directors,
officers, employees, representatives, agents, affiliates, and stockholders
from and against any and all claims, suits, actions, other proceedings,
damages, liabilities, costs and expenses of any kind, including
without limitation reasonable legal fees and expenses, arising out
of or relating to the Registrant's (i) domain name registration
and (ii) use of any of a domain name.
- Reservation by usTLD Administrator. hivetec and usTLD
Administrator reserve the right to deny, cancel or transfer any
registration that they deem necessary, in their discretion, (1)
to protect the integrity and stability of the registry, (2) to comply
with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute resolution process,
(3) to avoid any liability, civil or criminal, on the part of usTLD
Administrator or hivetec, as well as their affiliates, subsidiaries,
officers, directors, representatives, employees, and stockholders,
(4) for violations of this Agreement, or (5) to correct mistakes
made by usTLD Administrator or any registrar in connection with
a domain name registration. usTLD Administrator and hivetec
also reserve the right to freeze a domain name during resolution
of a dispute.
|