Terms
and Conditions
Disclaimer
Privacy Policy
Registration Agreement
Dispute Policy
Hosting Policy
Disclaimer
These
Terms of Service (subsequently refered to as "TOS") constitute
the entire agreement between you and Sites4ever.com and govern your
use of the Service, superceding any prior agreements between you and
Sites4ever.com (including, but not limited to, any prior versions
of the TOS). You also may be subject to additional terms and conditions
that may apply when you use affiliate or other Sites4ever.com services,
third-party content or third-party software. The TOS and the relationship
between you and Sites4ever.com shall be governed by the laws of Malta
without regard to its conflict of law provisions. You and Sites4ever.com
agree to submit to the personal and exclusive jurisdiction of the courts
located within the country of Malta. The failure of Sites4ever.com
to exercise or enforce any right or provision of the TOS shall not constitute
a waiver of such right or provision. If any provision of the TOS is
found by a court of competent jurisdiction to be invalid, the parties
nevertheless agree that the court should endeavor to give effect to
the parties' intentions as reflected in the provision, and the other
provisions of the TOS remain in full force and effect. You agree that
regardless of any statute or law to the contrary, any claim or cause
of action arising out of or related to use of the Service or the TOS
must be filed within one (1) year after such claim or cause of action
arose or be forever barred. The section titles in the TOS are for convenience
only and have no legal or contractual effect.
Sites4ever.com
may change the terms, conditions and operation of this Web site (the
"Site") at anytime. By using this service the user agrees
to the terms of this disclaimer and further waives any rights or claims
it may have against Sites4ever.com.
The
content available through the Site is the sole property of Sites4ever.com
or its advertisers, suppliers or licensors and is protected by patent,
copyright, trademark and other intellectual property laws. Except as
otherwise explicitly agreed in writing, Sites4ever.com-owned content
received through the Site may be downloaded, displayed, reformatted
and printed for your personal, non-commercial use only. Content owned
by Sites4ever.com advertisers, suppliers or licensors may be subject
to additional restrictions. You agree not to reproduce, retransmit,
distribute, disseminate, sell, publish, broadcast or circulate the content
received through the Site to anyone, including but not limited to others
in the same company or organization without Sites4ever.com's express
prior written consent.
WE
AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS PROVIDE THE SITES4EVER.COM
WEB SITE AND OUR SERVICES "AS IS" AND WITHOUT ANY WARRANTY OR CONDITION,
EXPRESS OR IMPLIED. WE AND OUR ADVERTISERS, SUPPLIERS AND LICENSORS
SPECIFICALLY DISCLAIM ANY IMPLIED WARRANTIES OF TITLE, MERCHANTABILITY,
FITNESS FOR A PARTICULAR PURPOSE AND WARRANTY OF NON-INFRINGEMENT. SOME
STATES DO NOT ALLOW THE DISCLAIMER OF IMPLIED WARRANTIES, SO THE FOREGOING
DISCLAIMER MAY NOT APPLY TO YOU. THIS WARRANTY GIVES YOU SPECIFIC LEGAL
RIGHTS AND YOU MAY ALSO HAVE OTHER LEGAL RIGHTS WHICH VARY FROM STATE
TO STATE.
WITHOUT
LIMITING THE FOREGOING, SITES4EVER.COM SHALL NOT BE LIABLE TO YOU
OR YOUR BUSINESS FOR ANY INCIDENTAL, CONSEQUENTIAL, SPECIAL, OR PUNITIVE
DAMAGES OR LOST OR IMPUTED PROFITS OR ROYALTIES ARISING OUT OF THE USE
OF THIS SITE OR ANY GOODS OR SERVICES PROVIDED, WHETHER FOR BREACH OF
WARRANTY OR ANY OBLIGATION ARISING THEREFROM OR OTHERWISE, WHETHER LIABILITY
IS ASSERTED IN CONTRACT OR TORT (INCLUDING NEGLIGENCE AND STRICT PRODUCT
LIABILITY) AND IRRESPECTIVE OF WHETHER YOU HAVE BEEN ADVISED OF THE
POSSIBILITY OF ANY SUCH LOSS OR DAMAGE. EACH PARTY HEREBY WAIVES ANY
CLAIMS THAT THESE EXCLUSIONS DEPRIVE SUCH PARTY OF AN ADEQUATE REMEDY.
YOU
ACKNOWLEDGE THAT THIRD PARTY PRODUCT AND SERVICE PROVIDERS MAY ADVERTISE
THEIR PRODUCTS AND SERVICES ON THE SITES4EVER.COM WEB SITE AND THAT
SITES4EVER.COM MAY FORM PARTNERSHIPS OR ALLIANCES WITH SOME OF THESE
VENDORS FROM TIME TO TIME IN ORDER TO FACILITATE THE PROVISION OF THESE
PRODUCTS AND SERVICES TO YOU. HOWEVER, YOU ACKNOWLEDGE AND AGREE THAT
AT NO TIME IS SITES4EVER.COM MAKING ANY REPRESENTATION OR WARRANTY
REGARDING ANY THIRD PARTY'S PRODUCTS OR SERVICES, NOR WILL SITES4EVER.COM
BE LIABLE TO YOU OR ANY THIRD PARTY FOR ANY CLAIMS ARISING FROM OR IN
CONNECTION WITH SUCH THIRD PARTY PRODUCTS AND SERVICES. YOU HEREBY DISCLAIM
AND WAIVE ANY RIGHTS AND CLAIMS YOU MAY HAVE AGAINST SITES4EVER.COM
WITH RESPECT TO THIRD PARTY PRODUCTS AND SERVICES, TO THE MAXIMUM EXTENT
PERMITTED BY LAW.
Privacy
Policy
Sites4ever.com
is committed to respecting your privacy. We have designed our website
so that you may visit it without identifying yourself or revealing
any personal information, unless you opt to do so. Once you opt to
provide personally identifiable information (any information by which
you can be identified such as name, address, telephone number, and
e-mail address), it will only be used to support your customer relationship
with us and for our own internal purposes, including marketing and
research, customization of our websites and improving the content
of our websites.
What we
collect
When you register
on Sites4ever.com for a free trial, you will be asked for your name,
city, state, country, birthday, and e-mail address. No credit card
information is required. This information may be used to contact you
for customer service. Once you upgrade your account, you will be additionally
asked for a postal address, telephone number, fax number, and Paypal
account. Billing is handled through Paypal (an Ebay company), a third
party service provider. We do NOT store your credit card information
or your Paypal password in our database.
Third-party
vendors:
Some of Sites4ever.com's
services are powered by third-party vendors, and these will be explicitly
indicated. You should note that these vendors may have privacy policies
and practices that differ from those of Sites4ever.com. We strongly
encourage you to read the privacy policies of these vendors when using
their websites.
About
Cookies
Many websites,
including those owned by Sites4ever.com, use cookie technology to
help users navigate efficiently. The cookie is a small text file that
resides on your hard drive. From time to time, our site(s) will request
the cookie from your browser so that we can retrieve the stored information.
This allows you to avoid making the same selections over and over
again. Sites4ever.com does not use cookies to store personal information.
Please note that
with most browsers, a user can set the preferences to show a warning
each time a cookie request is received. You can also usually set the
browser not to accept cookies at all. However, to make your experience
using our booking engines as convenient as possible, we suggest that
you allow your browser to accept cookies.
Information
Sharing
Sites4ever.com
will not sell, rent, or lease your personally identifiable information
to third parties. Unless we have your permission or are required by
law, we will only share the personal data you provide online with
other third-party vendors that are acting to complete domain registration
services. We do not knowingly permit the site to be used by any person
under the age of eighteen and we do not knowingly collect any personal
information from children (meaning those younger than thirteen years
of age). We will cooperate with law enforcement authorities.
Choice
Sites4ever.com
will not use or share the personally identifiable information provided
to us online in ways unrelated to the purposes described above without
letting you know and offering you a choice. Please be aware that our
website and those of our affiliates may contain links to other websites,
and that the privacy practices of these other websites may differ
from those of YourSiteName.com. This Online Privacy Policy does not
apply to other websites. We encourage you to read the privacy policies
of all other websites you visit.
Access
& Accuracy
Sites4ever.com
strives to keep your personally identifiable information accurate.
We make every effort to provide you with online access to your registration
data so that you may update or correct your information. To protect
your privacy and security, we will also take reasonable steps to verify
your identity before granting you access or enabling you to make corrections
to your user account.
Security
Sites4ever.com
is committed to protecting the security of your information. To prevent
unauthorized access, maintain data accuracy, and ensure the appropriate
use of information, we have put in place physical, electronic, and
managerial procedures to safeguard and secure the information we collect
online. We use encryption when collecting or transferring sensitive
data. We are Paypal Verified.
Right
to Change
We review our
Privacy Policy from time to time, and may make changes to the policy
pursuant to such review. Please periodically review this page to make
sure you have the current version. Regardless of changes, we will
abide by the privacy practices described to you in this Privacy Policy
at the time you provided us with your personal information.
Domain
Name Registration Agreement
This
Registration Agreement ("Agreement") sets forth the terms and conditions
of your use of this domain name registration service to register an
Internet domain name, your registration of that domain name, as well
as other domain name related services. In this Agreement "you" and
"your" refer to each customer and "we", "us" and "our" refer to eNom,
Inc. ("Registrar"), the ICANN accredited Registrar and Sites4ever.com,
through which the services are being offered. This Agreement explains
our obligations to you, and explains your obligations to us for various
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 service(s) or to cancel your service(s) (even if we
were not notified of such authorization), this Agreement covers such
service or actions. By using the service(s) provided 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
the ICANN accredited Registrar and the Reseller of domain names and
through which the services are being offered.
This
Agreement will become effective when accepted by the ICANN accredited
Registrar and the reseller of domain names and through which the services
are being offered. The ICANN accredited Registrar and the reseller
of domain names and through which the services are being offered 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:
You
agree and acknowledge that the ICANN accredited Registrar and the
reseller of domain names and through which the services are being
offered 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 (Verisign GRS), the ICANN accredited Registrar and the
reseller of domain names and through which the services are being
offered, 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 the Reseller to you, you agree to pay Sites4ever.com,
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, and even if the domain registration fee was waived as part of
an ongoing offer by Sites4ever.com. 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 at our
sole discretion). As further consideration for the 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 us 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. 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 or any tie after name
actually expires, your registration can 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. If the domain
name registration fee was waived as part of an ongoing offer by Sites4ever.com,
and you terminate your contract, you are still liable to refund Sites4ever.com
for the domain registration fee incurred by Sites4ever.com to register
your chosen domain. Such registration fee is determined by Sites4ever.com,
and shall be not less than $12.95, and not more than $47. The cost
of the registration fee may be deducted from the purchase amount that
you are refunded by Sites4ever.com.
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 our 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 and the Dispute Policy can be found on this page. 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 us 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 Sites4ever.com.
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. You have the ability to prevent
a transfer to another Registrar by placing a Registrar Lock ("lock")
on your domain. By having a lock status on your domain, you are providing
express objection to any and all transfer requests issued from another
Registrar. Should you choose to transfer to another Registrar, you
must log into your account and remove the lock prior to our receipt
of the transfer request from the gaining Registrar.
6.
Modifications to our 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 Sites4ever.com web site, or on notification
to you by e-mail or postal mail. You agree to review Sites4ever.com'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 express
written notice to the ICANN accredited Registrar and the reseller
of domain names and through which the services are being offered.
Notice of your termination will be effective on receipt and processing
by us. You agree that, by continuing to use the our 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 Sites4ever.com
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 Sites4ever.com 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 Sites4ever.com 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
Sites4ever.com 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 Sites4ever.com.
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, 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. Sites4ever.com
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 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. 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.
We do 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 WE 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 OUR
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. WE 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 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 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,
Registrar, Sites4ever.com, 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 services provided hereunder or
your use of the services, including without limitation infringement
by you, or someone else using any service with your computer, of any
intellectual property or other proprietary right of any person or
entity, or from the violation of any operating rule or policy relating
to the service(s) provided. When we are threatened with suit by a
third party, we may seek written assurances from you concerning your
promise to indemnify us; 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 THE REGISTRAR'S 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, 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. YOU UNDERSTAND AND
AGREE THAT 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 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. WE MAKE 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 US 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:
We
reserve 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 us, (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 or registry administrator procedures approved by an
ICANN-adopted policy, (1) to correct mistakes by us, 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 we 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 we receive 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 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 service(s),
or we delete your domain name or other 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 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 Malta, as if the
Agreement was a contract wholly entered into and wholly performed
within the State of Malta. 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 Registrar or Reseller site shall
be brought exclusively in Malta.
17.
Notices:
You
agree that any notices required to be given under this Agreement by
us 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, Disclaimer and the Dispute Policy, together with all modifications,
constitute the complete and exclusive agreement between you the Sites4ever.com,
and the Registrar, 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. Our failure 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 the
Registrar 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. 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 of as reflected in the original
provision. This Agreement, our 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 Registrar.
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.
-
.TV,
.CC, .BZ, and .WS - In addition to the terms set forth above,
the following terms shall apply to registrants of .TV, .CC, .BZ,
and .WS domain names. Your registration of a domain name in the
.TV, .CC, .BZ 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,
Sites4ever.com 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, Sites4ever.com and/or Afilias
as well as their affiliates, subsidiaries, officers, directors
and employees. Registrar, Sites4ever.com 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. Registrar, Sites4ever.com, 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 Registrar, RESELLER and/or
NeuLevel, Inc., as well as their affiliates, subsidiaries,
officers, directors and employees. Registrar, Sites4ever.com,
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 Registrar and Sites4ever.com harmless
pursuant to the terms and conditions set forth below in this
Agreement. If we are notified that a complaint has been filed
with a judicial or administrative body regarding your 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 land rush 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 Registrar 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 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 Registrar 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
Registrar, Sites4ever.com 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 Registrar, Sites4ever.com and/or Registry
Operator, as well as their affiliates, subsidiaries, officers,
directors and employees. Registrar, Sites4ever.com and
Registry Operator also reserve the right to freeze a Defensive
Registration during a resolution of a dispute.
- LIMITATION
OF LIABILITY
You agree that Registrar, Sites4ever.com and 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 Registrar,
Sites4ever.com, and 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 Registrar 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.
- 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 Registrar,
Sites4ever.com 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. Registrar, Sites4ever.com 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 Registrar,
as well as their affiliates, subsidiaries, officers, directors,
|