General Terms and Conditions
Terms and Conditions
This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of domain name registration and related
services ("Services"). In this Agreement "you" and "your" refer to you and the registrant associated with the WHOIS contact information
for the domain name. "We", "us" and "our" refers to NameSilo, LLC.
YOUR AGREEMENT: By using the Services, you agree to all terms and conditions of this Agreement, the UDRP (defined below)
and any rules, policies, or agreements published in association with specific Services and/or which may be adopted or
enforced by the Internet Corporation for Assigned Names and Numbers ("ICANN"), any registry, or governments.
CHANGES TO THIS AGREEMENT: This Agreement may change over time, either through amendments by us, changes to ICANN policy
or applicable law which may or may not be reflected in the text of this Agreement, or otherwise. Before any material
changes to this Agreement become binding on you (other than changes resulting from a change in ICANN policy or applicable
law), we will notify you of such changes by, for example, sending email to you at your email address of record, or by
posting the changes on our web site. If, as a result of such a change, you no longer agree with the terms of this
Agreement, your exclusive remedies are (a) to transfer your domain name registration services to another registrar, or
(b) to cancel your domain name registration services with us. Your continued use of the Services following notification of
a change in this Agreement indicates your consent to the changes. Unless otherwise specified by us, any such change binds
you: (1) 30 days after we notify you of the change, or (2) immediately if such change is a result of a new or amended ICANN
policy or applicable law.
YOUR ACCOUNT: You must create an account to use the Services ("Account"). You are solely responsible for maintaining,
securing, updating, and keeping strictly confidential all login IDs and passwords, and for all access to and use of your
Account by you or any third party.
ACCOUNT CONTACT INFORMATION AND DOMAIN NAME WHOIS INFORMATION:
You must provide certain current, complete and accurate information about you with respect to your
Account information and with respect to the WHOIS information for your domain name(s). You must maintain
and update this information as needed to keep it current, complete and accurate. You must submit the
following with respect to you, the administrative, technical, and billing contacts for your domain name
registration(s) and other Services: name, postal address, e-mail address, voice telephone number, and
where available, company name and fax number. The type of information you are required to provide may
change and you must provide such information and keep your Account information current. Not providing
requested information may prevent you from obtaining all Services.
You may provide information regarding the name-servers assigned to your domain name(s). If you do not
provide complete name-server information, we reserve the right to supply this information (and point your
domain name to a website of our choosing) until such time as you elect to supply the name-server
information. Any newly registered domain names will default to using our name-servers which will load our
default parking page, however, you have the ability to provide new name-server information by logging
into your account.
OBLIGATIONS RELATING TO THE ACCOUNT AND WHOIS CONTACT INFORMATION:
If, in obtaining Services, you provide information about or on behalf of a third party, you represent and
warrant 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) obtained the third party's express written or verbal
consent to the disclosure and use of that party's information as set forth in this Agreement.
You represent and warrant that the statements in your application are true and that no Services are being
procured for any unlawful purpose, including but not limited to the infringement of any intellectual
property right, the unauthorized transfer to yourself or any other party of any domain name or Services,
or the violation of any laws, rules, or regulations (the"Illegal Uses"). Providing inaccurate
information, failing to immediately update information or engaging in any Illegal Uses will constitute
an incurable material breach of this Agreement. Your failure to respond for over ten (10) calendar days
to inquiries by us concerning the accuracy of Account and WHOIS contact information shall constitute an
incurable material breach of this Agreement.
You are responsible for regularly monitoring email sent to the email address in your Account. You may
lose your rights to the domain name(s) or your right to receive the Services if you do not respond
appropriately and timely to an email sent in conjunction therewith.
ACCESSING YOUR ACCOUNT:
In order to change any of your Account or domain name WHOIS information, you must access your Account
with us. It is your duty to safeguard your Account login identifier and password from any unauthorized
use. Any person in possession of your Account login identifier and password will have both the ability
and your authorization to modify your Account and domain name information, initiate transfers of your
domain name(s) to other registrars, initiate registrant changes to your domain names which may terminate
your rights to use such domain name(s), update DNS changes to your domain name(s) which may result in
changes to the content associated with your domain name(s) and take other actions which may affect or
terminate your rights and access to your domain name(s) and/or the Services.
We will take reasonable precautions to protect the information we obtain from you from loss, misuse,
unauthorized access or disclosure, alteration or destruction of that information and such reasonable
precautions include procedures for releasing Account access information to parties who claim to have
lost Account access information. If we take reasonable precautions in relation thereto, IN NO EVENT SHALL
WE BE LIABLE IF SUCH REASONABLE PRECAUTIONS DO NOT PREVENT THE UNAUTHORIZED USE OR MISUSE OF YOUR
ACCOUNT IDENTIFIER OR PASSWORD AND, EVEN IF WE FAIL TO TAKE REASONABLE PRECAUTIONS, OUR LIABILITY UNDER
ANY CIRCUMSTANCES SHALL BE LIMITED BY THE LIMITATION OF LIABILITY PROVISION FOUND IN PARAGRAPH 13 BELOW
IN THIS AGREEMENT.
If you contact us alleging that a third party has unauthorized access to your Account or domain names,
we may charge you administrative fees, currently set at $100 (US dollars) per hour, for our time spent
in relation to the matter, regardless of whether or not we return control over the Account and/or domain
name(s) to you. You will indemnify us for any reasonable attorneys' fees and costs we may incur in
relation to the matter, even if those fees and costs accrue as a result of defending an action, or
responding to a threat of an action, initiated by You or a third party.
You have the ability to create Sub-User accounts as well. These Sub-User accounts allow the people you
designate to access certain functionality, including those listed in section c(i) above. You have the
option of configuring each Sub-User account to have access to any stored payment profiles as well as to
set an expiration date representing the revocation of that Sub-User's ability to access your account.
You are entirely responsible for any changes requested or made by any Sub-Users you create, and in no
event will we be responsible for any undesirable impact to you as a result of any such changes.
SHARING OF WHOIS INFORMATION:
We will make available the domain name registration information you provide or that we otherwise
maintain to the following parties: ICANN, any ICANN-authorized escrow service, the registry
administrator(s), and to other third parties as ICANN, registry administrators and applicable laws may
require or permit (including through web-based and other on-line WHOIS lookup systems), whether during
or after the term of your domain name registration services of the domain name. You irrevocably waive
any and all claims and causes of action you may have arising from such disclosure or use of such
information. We may make publicly available, or directly available to third parties, some, or all, of
the 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 applicable laws, including by way of
bulk WHOIS data access provided to third parties who enter into a bulk WHOIS data access agreement with
us. We reserve the right to discontinue providing bulk WHOIS data access to third parties.
ICANN may establish or modify the guidelines, limits and/or requirements that relate to the amount and
type of information that we may or must make available to the public or to private entities, and the
manner in which such information is made available. Information regarding ICANN's guidelines and
requirements regarding WHOIS can be found at http://www.icann.org/registrars/wmrp.htm,
http://www.icann.org/registrars/wdrp.htm, and elsewhere on the ICANN website at http://www.icann.org/.
DOMAIN NAME REGISTRATION.
We are accredited registrars with ICANN for generic Top Level Domain Names ("gTLDs") (such as .com,
.net, .org, etc.). ICANN oversees registrations and other aspects of the gTLDs. Domain name registrations
are not effective until the registry administrator puts them into effect. Domain name registrations are
only for limited terms which end on the expiration date. For domain names which are created as a new
registration out of the pool of available domain names, the term begins on the date the domain name
registration is acknowledged by the applicable registry. For domain name registrations which were not
returned to the pool of available domain names, the term begins on the date the previous registrant's
domain name registration was acknowledged by the applicable registry.
We are 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 a request to register, renew, modify the settings
for, or transfer of a domain name registration. You acknowledge that domain name registration is a
service, domain name registrations do not exist independently from services provided pursuant to this or
a similar registration agreement with a registrar, domain name registration services do not create a
property interest and you have no such property interest in any domain name(s) which you may register
NOT INCLUDED IN THE DOMAIN NAME REGISTRATION SERVICES:
We are not responsible to determine whether the domain name(s) you select, or the use you or others make
of the domain name(s), or other use of the Services, infringes legal rights of others. It is your
responsibility to know whether or not the domain name(s) you select or use or allow others to use
infringe legal rights of others.
We might be ordered by a court or arbitrator to cancel, modify, or transfer your domain name; it is your
responsibility to list accurate contact information in association with your Account and to communicate
with litigants, potential litigants, and governmental authorities. It is not our responsibility to
forward court orders or other communications to you. Our policy is to comply with court orders from
courts of competent jurisdiction as well as UDRP Panel decisions. If you contact us informing us that you
are contesting a court order from a court of competent jurisdiction, we may, but are not obligated to,
place a transfer lock on the domain name pending the outcome of the dispute. If you contact us informing us
that you are contesting an adverse UDRP Panel decision, your time limits and procedures to do so are subject
to the requirements set forth in the UDRP. We may, but are not obligated to, delay implementation of a UDRP
Panel decision based solely on your informing us that you intend to contest the decision.
WHOIS PRIVACY: We offer a privacy service which substitutes your information with our default information within WHOIS. In
the event that you select to utilize this WHOIS Privacy service for one or more of your domains, the following applies:
The information you submit related to the various domain roles (registrant, administrative, technical and billing) will
remain associated with the domain at all times. We make no claims to the ownership or management of your domains when
selecting to use our WHOIS Privacy service.
The terms of this Agreement related to your responsibilities to maintain the accuracy of your contact information are not
altered or waived due to your use of this service.
We will provide information to WHOIS at our discretion which will hide your information. This information may reference
a WHOIS privacy service other than our name.
You authorize us, or the party referenced in the WHOIS record for your domains utilizing this service, to discard
any and all postal mail and electronic mail addressed to the address provided in WHOIS. We are not responsible for forwarding
any correspondence directed to your domain names. We will provide a mechanism for entities to make contact with you via
a web page that will be referenced in the private WHOIS records. It is entirely at our discretion to forward none, some or
all of the correspondence directed to you.
You represent and warrant that your use of the WHOIS privacy service will be in good faith and that none of the
content found on any web sites or IP addresses associated with domains utilizing the WHOIS privacy service infringes
upon the legal rights of any third-party (including, but not limited to, any third-party's trademark, trade name or
copyrighted material), and that none of the content is, or is connected to, terrorism, impersonation of a third-party,
illegal activities or the transmission of spam, viruses, trojan horses or any other harmful routine or data.
We reserve the right in our sole judgment to suspend, terminate and/or disclose your personal information in the
event that any of the following occur:
- Any provision of this Agreement is breached
- If necessary to comply with applicable laws, subpoenas, court orders, a UDRP action or action initiated by any other entity with appropriate jurisdiction
- If we deem that continuing to provide WHOIS privacy services places us in any jeopardy of of harm including financial loss or legal liability on our behalf or on the behalf of any of our partners, affiliates, employees or managers
- If we believe you have not completely abided by your representations and warranties listed in this Agreement
In the event that we or a third-party believe you to be infringing upon any part of this Agreement, we will
contact you at the email address associated with your account. It is your responsibility to reply to any
such communication within three (3) days. We are not responsible for any failure to deliver any such notification
as things beyond our control may occur that could prevent delivery. If you fail to reply within the given time frame,
or if, in our sole judgment, we believe your reply does not adequately address the points raised in our email, we
reserve the right to immediately release your contact information and to suspend or terminate the WHOIS privacy service.
This would result in your information being made available via WHOIS. You further agree that we disclaim any liability
arising out of undertaking this action and any direct or indirect consequences experienced as a result of releasing
your information or suspending or terminating the WHOIS privacy service.
In addition to all other indemnity clauses in this Agreement, you agree to defend, release, and indemnify
us, ICANN, the registry operators as well as any of our employees, agents, affiliates, partners
and managers for any third-party claims arising out of your usage of the WHOIS privacy services.
PARKED DOMAINS: We offer a service to park your domains. In choosing to park your domains with us, we will create and
host a mini-site that will be displayed any time there is a visitor to your domain. Any domains that you park with us
will automatically have their nameservers adjusted to our default settings, so please make sure you understand that
any then-existing services for your domains prior to the nameserver change will stop functioning.
Ads will be displayed on your parked mini-sites. You will have the opportunity to have ads inserted from your advertising
account which will allow you to keep 100% of that advertising revenue. If you fail to configure one or more of the
available ad slots, we will have the option of serving our own ads which will entitle us to all of those advertising
You will also be able to configure your parked pages to include your own content as well as content that we make available.
Parking your domains with us implies your acceptance of the following points:
You will not add any profanity, copyrighted content, or anything else, which in our sole discretion, is harmful,
profane or illegal.
We reserve the right to remove or modify your parked domain status or any content on your parked mini-sites at any
time and for any reason. Although not obligated to do so, in such an event we will make a reasonable effort to contact
you to let you know about our decision and to either give you time to change the offending content, or to make other
plans for the use of your domain name.
DOMAIN DEFENDER: We offer a service called Domain Defender which you can optionally enable for your account. This service
allows you to add extra security to your account by selecting supplemental security questions and associated answers that
must be answered before making changes through your account. Additionally, you can configure the service to optionally send
you e-mail and/or text messages upon the completion of certain changes to your domains. Your use of this service is entirely
optional, but, if you choose to enable the service, the following applies:
We make NO CLAIM that use of the service will prevent misuse of your account or unintended changes to your domains. Your
responsibilities within this Agreement to secure your account are still in force.
If you select to receive text message notifications, you understand that all messaging rates imposed by your carrier will
We are not responsible for any notifications that you do not receive, including but not limited to, emails that are caught
in an anti-spam system and text messages not delivered by your carrier.
Even with this service enabled, we still highly recommend locking all of your domains.
SERVICES PROVIDED AT WILL; TERMINATION OR SUSPENSION OF SERVICES:
We may reject your domain name registration application or elect to discontinue providing Services to you for any reason within 30 days of a Service initiation or a Service renewal. Outside of this period, we may terminate or suspend the Services at any time for cause, which, without limitation, includes (i) registration of prohibited domain name(s), (ii) abuse of the Services, (iii) payment irregularities, (iv) allegations of illegal conduct, (v) failure to keep your Account or WHOIS information accurate and up to date, (vi) failure to respond to inquiries from us for over ten (10) calendar days, (vii) if your use of the Services involves us in a violation of any third party's rights or acceptable use policies, including but not limited to the transmission of unsolicited email, the violation of any copyright, or the distribution of any form of malware (defined to include, without limitation, malicious code or software that might affect the operation of the Internet), (viii) to comply with any applicable court orders, laws, government rules or requirements, requests of law enforcement or other governmental agency or organization, or any dispute resolution process, (ix) to avoid any liability, civil or criminal, on the part of us, as, well as its affiliates, subsidiaries, officers, directors, and employees, (x) to protect the integrity, security and stability of the Domain Name system (DNS), or (xi) failure to respond to inquiries from us regarding payment inquiries for over 24 hours.
Prohibited domain names and illegal activities subject to these provisions include, but are not limited to:
- Domains and web sites designed to defame, embarrass, harm, abuse, threaten, slander or harass third parties
- Domains and web sites prohibited by the laws of the United States and/or foreign territories in which you conduct business
- Domains and web sites designed to encourage unlawful behavior by others, such as hate crimes, terrorism and child pornography
- Domains and web sites that are tortuous, vulgar, obscene, invasive of the privacy of a third party, racially, ethnically, or otherwise objectionable
- Domains and web sites designed to impersonate the identity of a third party
- Domains and web sites designed to harm or use unethically minors in any way
- Domains and web sites involved in the transmission of unsolicited email
- Domains and web sites involved in unauthorized repetitive, high volume inquires into any of the services provided by us or a third-party
- Domains and web sites involved in copyright and/or trademark infringement
REFUNDS WILL NOT BE ISSUED IF YOUR SERVICES ARE SUSPENDED FOR CAUSE PER THIS AGREEMENT.
THERE ARE ABSOLUTELY NO REFUNDS FOR BITCOIN PURCHASES.
If we determine that your account is engaged in repeated abuse of this Agreement then we may elect to terminate your
entire account and all domains within your account.
You may cancel any domain registration with us within three (3) days of purchase for a full refund (minus any applicable transaction fees). You may cancel
at any time after the three-day period, but no refund will be issued. To cancel a domain name, please log in to your account and complete the form on our Contact Us page.
Please indicate the domain name to be canceled and also provide the answer to your main account security question. Your refund will be issued back to the method of
payment used to make the registration purchase in no more than five business days following your request, but
refunds are typically issued within 2 business days. The total refund amount may be reduced by any transaction fees
that we incurred as part of the initial transaction and/or the issuance of the refund. All refunds will go back to the source of the
Important note regarding domain registration refunds. At our sole discretion, we may choose not to issue
a domain registration refund if we believe you to be engaged in "domain tasting". More specifically, if, in
our sole discretion, we believe you to be engaged in a high volume or irregular number of registrations and subsequent cancellations,
we may opt not to refund your money and also terminate your account and any services with us per the
terms of this Agreement. In the event we believe you to be engaged in such activity, we will make an
effort to issue one warning via email to you prior to terminating your account and services per this Agreement, but
we are not obligated to do so.
You may cancel any domain renewal with us within three (3) days of purchase for a full refund (minus any applicable transaction fees). If you transfer your
domain within 45 days of a domain renewal, you may not be entitled to a refund and you may also not receive any
extended registration time on your domain. ALL DOMAIN RENEWAL CANCELLATIONS, OTHER THAN CERTAIN AUTOMATIC RENEWALS,
WILL RESULT IN YOUR DOMAIN BEING DELETED AND PLACED INTO THE REDEMPTION PERIOD AT THE REGISTRY. THIS MEANS THAT
YOU WILL NOT BE ABLE TO RENEW THE DOMAIN WITH US WITHOUT PAYING FOR A RESTORATION, OR POSSIBLY NOT AT ALL. IF YOU
HAVE TIME REMAINING ON YOUR REGISTRATION IT WILL BE SACRIFICED IN TOTAL WHEN RECEIVING A RENEWAL REFUND.
Sorry, but refunds are not available for restorations or domain auctions.
If we terminate or suspend the Services provided to you under this Agreement, we may then, at our option, make either
ourselves or a third party the beneficiary of Services which are substantially similar to those which were previously
provided to you. If we have grounds to terminate or suspend Services with respect to one domain name or in relation to
other Services provided through your Account, we may terminate or suspend all Services provided through your Account.
No fee refund will be made when there is a suspension or termination of Services for cause.
At any time and for any reason, we may terminate the Services thirty (30) days after we send notice of termination via
mail or email, at our option, to the WHOIS contact information provided in association with your domain name
registration. Following notice of termination other than for cause, you must transfer your domain name within such
thirty (30) day notice period or risk that we may delete your domain name, transfer the registration services
associated with your domain name to ourselves or a third party, or suspend or modify Services related to your domain
name. If we terminate Services for a reason other than cause, we will provide a pro-rata refund of your fees.
Your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure now in
affect or which may come into affect at a later date, by any registrar or registry administrator procedures approved by
an ICANN-adopted policy or any policy adopted by any ccTLD registry or governing body, to correct mistakes by us,
another registrar or the registry administrator in administering the domain name or for the resolution of disputes
concerning the domain name or as a result of any government decree, rule, law or regulation.
FEES: You agree to pay, prior to the effectiveness of the desired Services, the applicable Service fees set forth during the
registration process or otherwise communicated to you by us. In the event any of the fees for Services change, we will use
reasonable efforts to give you thirty (30) days prior notice of such a change. 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, unless this Agreement specifically provides for a refund. At our option, we may require that you pay fees
through a particular payment means (such as by credit card or by wire transfer) or that you change from one payment provider to
PAYMENT ISSUES: In the event of a charge back, or if we have belief in an imminent charge back, by a credit card company, credit card holder,
or similar action by another payment provider, including, but not limited to PayPal, Google, Payza or Skrill (Moneybookers) investigations, allowed
by us in connection with your payment of fees for any Services, we may suspend access to any and all Accounts you have with
us and all interests in and use of any domain name registration services. We may cancel any order(s) associated with anything covered
in this section, but may not provide a refund. We may
reinstate your rights to and control over these Services solely at our discretion, and potentially subject to our receipt of the unpaid
fees and our then-current reinstatement fee as otherwise communicated to you by us. If you have an issue with credit card or
other payment charges, you should contact us regarding the issue before you contact your credit card or other payment process
company to request a charge back or reversal of the charges.
EXPIRATION AND RENEWAL OF SERVICES: It is your responsibility to keep your own records and to maintain your own reminders
regarding when your domain name registration or other Services are set to expire and to maintain current and accurate credit
card information should any Services be placed on "auto-renew." As a convenience to you, and not as a binding commitment, we
may notify you via an email message or via your Account when renewal fees are due. Should these fees go unpaid, your Services
will expire or be cancelled. Payment must be made by credit card, account funds, Paypal, or such other method as we may
allow or require from time to time. If you select automatic renewal of the Services, we may attempt to renew the Services a
reasonable time before expiration, provided your billing information is available and up to date. It is your responsibility
to keep your billing information up to date and we are not required to, but may, contact you to update this information in
the event that an attempted transaction is not processed successfully.
EXPIRATION OF A DOMAIN NAME REGISTRATION: Immediately after the expiration of the term of domain name registration services and
before deletion of the domain name in the applicable registry's database, we may stop publishing zone files for your domain, direct
the domain name to name-servers and IP address(es) designated by us, including, without limitation, to no IP address or to IP
address(es) which host a parking page or a commercial search engine that may display advertisements, and we may either leave your
WHOIS information intact or we may change the contact information in the WHOIS output for the expired domain name so that you are
no longer the listed registrant of the expired domain name.
Reactivation Period Process. For a period of approximately 30 days after expiration of the term of domain name registration
services, we may provide a procedure by which expired domain name registration services may be renewed. We may, but are not
obligated to, offer this process, called the "reactivation period." You assume all risks and all consequences if you wait
until close to or after the expiration of the original term of domain name registration services to attempt to renew the
domain name registration services. We may, in our sole discretion, choose not to offer a reactivation period and we shall
not be liable therefore. The reactivation period renewal process, if any, may involve additional fees which we will solely
determine. We may make expired domain name services(s) available to third parties, we may auction off the rights to expired
domain name services, and/or expired domain name registration services may be re-registered to any party at any time.
After the reactivation period, we may:
Discontinue the domain name registration services at any time thereafter without notice. In which case, certain
registry administrators may provide procedures by which discontinued domain name registration services may
nonetheless be renewed. We may, but are not obligated to, participate in this process, typically called the
"Redemption Grace Period" ("RGP"). We may, in our sole discretion, choose not to participate in the RGP process
with respect to any or all of your domain name registration services and we shall not be liable therefore. If
available, RGP typically ends between 30 and 42 days after the end of the reactivation period of the domain name
services. We are not obliged to contact you to alert you that the domain name registration services are being
Pay the registry's registration fee or otherwise provide for the registration services to be continued. In which
case, we may then set the name-servers and the DNS settings for the domain name services, we may set the DNS to
point to no IP address or to IP address(es) which host parking page(s) or a commercial search engine that may
display paid advertisements, and we may change the contact information in the WHOIS output for the expired domain
name so that you are no longer the listed registrant of the expired domain name. We do not have to pay you any of
the proceeds we may earn as a result. We are not obliged to contact you to alert you that the domain name
registration services are being continued. The domain name will be designated as being in the extended redemption
grace period ("ERGP"), and you will be allowed to assume, during the first 120 days of the then extant registration
term, complete management of the domain name services, including the right to control the DNS settings, provided
that you pay the fees we set forth plus any registration fees. After the end of the 120-day period, if you do not
exercise your rights under this provision, you have abandoned the domain name services, and relinquish all interests
and use of the domain name services; or
Auction the domain name to a third party which entails transferring the domain name registration services to
such third party. In which case, the third party who won the auction for the domain name services will become the
new Registrant of the domain name, and you will lose any claim to that domain. In the event we auction your domain
and assign it to a third-party, we may, but are not required to, inform you that such a transition has occurred. You
can find our domain expiration process listed on our web site, and it remains your responsibility to renew your
domain names on time to avoid losing them.
Transfer of your domain name(s) services shall be governed by ICANN's transfer policy, available at
http://www.icann.org/transfers/, including the Registrar Transfer Dispute Resolution Policy, available at
http://www.icann.org/en/transfers/dispute-policy-12jul04.htm as well as the UDRP as described in the Dispute
Resolution Policy of this Agreement, as these policies may be modified from time to time. To transfer your domain name(s)
you should first login to your Account to lock or unlock your domain name(s) and/or to obtain the EPP "AuthCode" which is
required to transfer domain services in an EPP registry (such as .org). Only the registrant and the administrative contacts
listed in the WHOIS information may approve or deny a transfer request. Without limitation, domain name services may not be
transferred within 60 days of initial registration, within 60 days of a transfer, if there is a dispute regarding the
identity of the domain name registrant, if you are bankrupt, or if you fail to pay fees when due. We will follow the
procedures for both gaining and loosing registrars as outlined in ICANN's transfer policies. A transfer will not be
processed if, during this time, the domain name registration services expire, in which event you may need to reinstate the
transfer request following a redemption of the domain name, if any. You may be required to resubmit a transfer request if
there is a communication failure or other problem at either our end or at the registry. YOU ASSUME ALL RISK FOR FAILURE OF A
TRANSFER WHETHER OR NOT THE TRANSFER PROCESS IS INITIATED CLOSE TO THE END OF A REGISTRATION TERM.
We may place a "Registrar Lock" on your domain name services and this will prevent your domain name services from being
transferred without your authorization, though we are not required to do so. By allowing your domain name services to remain
locked, you provide express objection to any and all transfer requests until the lock is removed.
You may cancel incoming transfer requests at any time before they are completed up to 59 calendar days from the initial
transfer order. Cancelling a transfer request will entitle you to a refund of the transfer cost, minus processing fees.
YOU WILL NOT BE ENTITLED TO A REFUND IF YOU CANCEL YOUR TRANSFER REQUEST AFTER THE 59 DAY TIME LIMIT.
DNS SERVICES: The Domain Name System (DNS) is a hierarchical naming system built on a distributed database for computers, services,
or any resource connected to the Internet or a private network. It associates various information with domain names assigned to each
of the participating entities. Most importantly, it translates domain names meaningful to humans into the numerical identifiers
associated with networking equipment for the purpose of locating and addressing these devices worldwide.
As a convenience to our customers, we offer DNS hosting service with all domain registrations. Use of this service is entirely
optional. You may opt to use another DNS service provider at any time by associating different authoritative name servers with the
applicable domains as needed. By using the DNS service we offer, you hereby acknowledge and agree to the following:
DNS is a critical service responsible for all facets of domain use. Incorrect configuration of DNS as it relates to your
domains can lead to problems such as:
- Web site(s) not loading
- Email can stop working
You should only make DNS modifications if you fully understand the implications of doing so, understand how DNS works, have
the technical expertise to verify the modifications were propagated properly to the associated authoritative name servers,
and are prepared to fully test the impact of the modifications as soon as they take effect.
We make absolutely no guarantee whatsoever related to the DNS hosting service. If you need a service level agreement
guaranteeing minimum performance or reliability levels, you should use a different DNS service provider who offers such
DNS is a globally distributed database with many interconnected components - the vast majority of which are NOT directly or
indirectly under our control. Problems can occur anywhere in the system.
Many of the distributed nodes in DNS, commonly referred to as recursive resolvers, cache DNS resource records for the time
recommended by our authoritative name servers (controlled via the TTL value), or for any amount of time they are configured
to do so (they can ignore our recommended time). As a result, changes made to DNS records through us will not immediately
propagate to your local systems - the delay can be as long as the maximum TTL setting on the associated records, or longer.
We, at our sole discretion, reserve the right to provide additional support for DNS related matters, or no support at all.
Upon domain deletion, domain expiration, transfer of a domain (away from us), and/or the cancellation/termination/suspension/deletion of your account(s), DNS service for the associated domain(s) and/or account(s) will be terminated. It is entirely your responsibility to make alternative DNS service arrangements prior and/or after termination of DNS service as needed if said termination could affect you in any way.
We, at our sole discretion, reserve the right to make any changes to DNS records we deem necessary to protect the stability of our system.
DNS Service Disclaimer of Warranty
THERE IS NO WARRANTY FOR THE DNS SERVICE, TO THE EXTENT PERMITTED BY APPLICABLE LAW. EXCEPT WHEN OTHERWISE STATED IN WRITING
WE PROVIDE THE DNS SERVICE "AS IS" WITHOUT WARRANTY OF ANY KIND, EITHER EXPRESSED OR IMPLIED, INCLUDING, BUT NOT LIMITED TO,
THE IMPLIED WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE. THE ENTIRE RISK AS TO THE QUALITY AND PERFORMANCE OF
THE DNS SERVICE IS WITH YOU. SHOULD THE DNS SERVICE PROVE DEFECTIVE, YOU ASSUME THE COST OF ALL NECESSARY SERVICING, REPAIR OR
DNS Service Indemnification
We use the systems of a third party, DNSOwl.com, to provide all DNS services. You agree to indemnify, defend and hold
harmless DNSOwl.com, 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 your domains and/or any
DNS related matter.
OWNERSHIP OF INFORMATION AND DATA: We own 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. 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 the registrant and 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 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. We do not have any ownership interest
in your specific personal registration information outside of our rights in our domain name database.
AGENTS AND LICENSES: If you are registering a domain name for or on behalf of someone else, you represent that you have the
authority to bind that person as a principal to all terms and conditions provided herein. If you license the use of a domain name
you register to us or a to third party, you remain the domain name holder of record, and remain responsible for all obligations at
law and 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 and for ensuring
non-infringement of any third party intellectual property rights.
LIMITATION OF LIABILITY: WE WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE SERVICES, (b) USE OF THE SERVICES, (c)
INTERRUPTION OF SERVICES OR INTERRUPTION OF YOUR BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO OUR WEB SITE(S) OR SERVICES
OR DELAYS OR ACCESS INTERRUPTIONS YOU EXPERIENCE IN RELATION TO A DOMAIN NAME REGISTERED WITH US; (e) LOSS OR LIABILITY RESULTING
FROM ACTS OF OR EVENTS BEYOND OUR CONTROL (f) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (g)
THE PROCESSING OF AN APPLICATION FOR A DOMAIN NAME REGISTRATION; (h) LOSS OR LIABILITY RESULTING FROM THE UNAUTHORIZED USE OR MISUSE
OF YOUR ACCOUNT IDENTIFIER OR PASSWORD; OR (i) APPLICATION OF ANY DISPUTE POLICY. WE 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 WE HAVE BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL OUR
MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR SERVICES, AND IN NO EVENT SHALL OUR LIABILITY BE GREATER THAN
$200.00 (US Dollars). BECAUSE SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF LIABILITY FOR CONSEQUENTIAL OR INCIDENTAL
DAMAGES, IN SUCH STATES, OUR LIABILITY SHALL BE LIMITED TO THE MAXIMUM EXTENT PERMITTED BY LAW.
INDEMNITY: You hereby release, indemnify, and hold us, ICANN, the registry operators (including, but not limited to VeriSign, Inc),
as well as the contractors, agents, employees, officers, directors, shareholders, and affiliates of such parties harmless from and
against any and all liabilities, claims, damages, costs and expenses, including reasonable attorneys' fees and court costs, for
third party claims relating to or arising under this Agreement, including any breach of any of your representations, warranties,
covenants or obligations set forth in this Agreement, the Services provided hereunder (including, but not limited to WHOIS privacy), or your use of the Services, including,
without limitation, infringement by you, or by anyone else using the Services, of any intellectual property or other proprietary
right of any person or entity, or from the violation of any of our or ICANN's operating rules or policies relating to the Services
provided. We may seek written assurances from you in which you promise to indemnify and hold us harmless from the costs and
liabilities described in this paragraph. Such written assurances may include, in our sole discretion, the posting of a performance
bond(s) or other guarantees reasonably calculated to guarantee payment. Your failure to provide such assurances may be considered by
us to be a breach of this Agreement by you and may, in our sole discretion, result in loss of your right to control the disposition
of domain name Services for which you are the registrant and in relation to which we are the registrar of record. This
indemnification is in addition to any indemnification (a) required under the UDRP or any other ICANN policy or any policy of any
relevant registry; or (b) set forth elsewhere in this Agreement.
REPRESENTATIONS AND WARRANTIES: YOU REPRESENT AND WARRANT THAT NEITHER THE REGISTRATION OF A DOMAIN NAME NOR THE MANNER IN WHICH IT
IS DIRECTLY OR INDIRECTLY USED NOR THE USE OF OTHER OF THE SERVICES INFRINGES THE LEGAL RIGHTS OF A THIRD PARTY OR WILL OTHERWISE
SUBJECT US TO A LEGAL CLAIM. THE SERVICES ARE INTENDED FOR USE BY PERSONS WHO ARE AT LEAST 18 YEARS OLD AND BY USING THE SERVICES,
YOU REPRESENT AND WARRANT THAT YOU ARE AT LEAST 18 YEARS OLD AND ALL INFORMATION PROVIDED BY YOU IN CONNECTION WITH YOUR PROCUREMENT
OF THE SERVICES IS ACCURATE. ALL SERVICES ARE PROVIDED TO YOU "AS IS" AND WITH ALL FAULTS. EXCEPT FOR OUR STATEMENT REGARDING OUR
ACCREDITATION AS ICANN-APPROVED DOMAIN NAME REGISTRARS, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR
IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR THE 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, WE MAKE 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. ANY MATERIAL AND/OR DATA DOWNLOADED OR OTHERWISE OBTAINED THROUGH THE USE OF OUR E-MAIL
FORWARDING OR OTHER EMAIL SERVICE IS DONE AT YOUR OWN DISCRETION AND RISK AND YOU WILL BE SOLELY RESPONSIBLE FOR ANY DAMAGE TO YOUR
COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF SUCH MATERIAL AND/OR DATA. WE MAKE NO WARRANTY REGARDING ANY GOODS
OR SERVICES PURCHASED OR OBTAINED THROUGH OUR E-MAIL SERVICES OR ANY TRANSACTIONS ENTERED INTO THROUGH OUR E-MAIL SERVICES. NO
ADVICE OR INFORMATION, WHETHER ORAL OR WRITTEN, OBTAINED BY YOU FROM US 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.
DISPUTE RESOLUTION POLICY: You are bound by all ICANN consensus policies and all policies of any relevant registry, including but
not limited to the Uniform Domain Name Dispute Resolution Policy ("UDRP"), which is available at
http://www.icann.org/udrp/udrp-rules-24oct99.htm and http://www.icann.org/dndr/udrp/policy.htm along with the UDRP Rules and all
Supplemental Rules of any UDRP provider. The UDRP may be changed by ICANN (or ICANN's successor) at any time. 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 UDRP in
effect at the time your domain name registration is disputed by the third party. 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 of the UDRP. If you or your domain name
are the subject of litigation, we may deposit control of your domain name record into the registry of the judicial body by providing
a party with a registrar certificate.
GOVERNING LAW AND JURISDICTION FOR DISPUTES:
Except as otherwise set forth in the UDRP or any similar ccTLD policy, with respect to any dispute over a domain name
registration, 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 Arizona, as if the Agreement was a contract wholly entered into
and wholly performed within the State of Arizona.
Any dispute, claim or controversy arising out of or relating to this Agreement or the breach, termination, enforcement,
interpretation or validity thereof, including the determination of the scope or applicability of the agreement to arbitrate,
shall be determined by arbitration in Maricopa County, Arizona, before one arbitrator. The arbitration shall be administered
by JAMS pursuant to its Comprehensive Arbitration Rules and Procedures. Judgment on the Award may be entered in any court
having jurisdiction. This clause shall not preclude us from seeking provisional remedies in aid of arbitration from a court
of appropriate jurisdiction. Service of process on you by us in relation to any dispute arising under this Agreement may be
served upon you by first class mail to the address listed by you in your Account and/or domain name WHOIS information or by
electronically transmitting a true copy of the papers to the email address listed by you in your Account and/or domain name
Notwithstanding the foregoing, for the adjudication of third party disputes (i.e., disputes between you and another party,
not us) concerning or arising from use of domain names registered hereunder, you shall submit without objection, without
prejudice to other potentially applicable jurisdictions, to the subject matter and personal jurisdiction of the courts (i)
of the domicile of the registrant as it appears in the public WHOIS record for the domain name(s) in controversy, and (ii)
where we are located.
NOTICES: Any notices required to be given under this Agreement by us to you will be deemed to have been given if sent in accordance
with the Account and/or domain name WHOIS information you have provided.
PRIVACY: Our log files store details such as your IP address, your browser type and the referring page and time of your visit.
preferences when interacting with our website. Your personal information will never be shared or disclosed to third-parties unless
we are compelled by court order (or other entity with adequate jurisdiction), or to fulfill contractual obligations in support of
our required accreditations as a domain registrar (including, but not limited to, ICANN and the various domain registries with whom
we offer services).
GENERAL: This Agreement and all applicable ICANN policies and the policies of any relevant registry, including but not limited to
the UDRP, together with all modifications, constitute the complete and exclusive agreement between you and us, and supersede and
govern all prior proposals, agreements, or other communications. Nothing contained in this Agreement shall be construed as creating
any agency, partnership, or other form of joint enterprise between the parties. The failure of us 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 us 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
Agreement 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 Agreement unenforceable or invalid as a whole. We will amend or replace such
provision with one that is valid and enforceable and which achieves, to the extent possible, our original objectives and intent as
reflected in the original provision. This Agreement may not be amended or modified by you except by means of a written document
signed by both you and an authorized representative of us.
Terms and conditions specific to .BIZ domain registrations
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
(1) 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.
As a .BIZ domain name registrant, You hereby certify to the best of Your knowledge that:
Domain Name Dispute Policy
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
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 is 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
We 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 us and/or NeuLevel, Inc., as well as their affiliates, subsidiaries, officers, directors and employees.
We and NeuLevel, Inc. also reserve the right to freeze a domain name during resolution of a dispute.
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.
Terms and conditions specific to .COM and .NET domain registrations
You agree to indemnify, defend and hold harmless the .COM .and NET 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.
Terms and conditions specific to .INFO domain registrations
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 this Agreement.
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
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.
Terms and conditions specific to .MOBI domain registrations
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 for compliance with the Style Guide.
Further, You acknowledge and agree the Style Guide is subject to modification by the dotmobi registry, 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 survives the
termination or expiration of this Agreement;
You agree to 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 this indemnification obligation
survives the termination or expiration of this 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 us 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 us 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 (30) 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 if the domain name being registered is a dotMobi Premium Name, and as such is listed at
http://mtld.mobi/domain/premium, then use of the domain is also subject to the terms and conditions of the dotMobi Premium Name Agreement
(formerly known as the dotMobi Auction Agreement) posted here, which is incorporated by reference herein.
You acknowledge and agree that upon termination or expiration of the dotMobi Premium Name Agreement in accordance with the terms thereof:
(i) any and all rights of Company to the Registration of the Domain Name, the Registration Code, and/or to create, launch, and/or operate
the web site shall be terminated, and all such rights shall revert to mTLD and (ii) mTLD may grant Registration rights to the Domain Name
and/or rights to the Registration Code to any entity or person in its sole discretion, and Company shall have no rights or recourse against
mTLD and/or Registrar relating to the registration or use of the Domain Name and/or Registration Code by any other such entity or person.
You Acknowledge and agree that 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 Agreement.
Terms and conditions specific to .ORG domain registrations
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 this Agreement.