Swiftmark Software Solutions, Inc
Agreement
DOMAIN REGISTRATION AGREEMENT FOR .com AND .net DOMAINS
NAMESERVICES DOMAIN NAME REGISTRATION AGREEMENT for the .COM and .NET Top Level Domain (TLD) This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the NameServices domain name registration services to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by NameServices from time to time. This Agreement will become effective when accepted by NameServices. �NameServices 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. What We Do Advanced Internet Technologies, Inc. ("AIT") d/b/a NameServices is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .com and .net TLDs. ICANN oversees the .com and .net TLDs. As an accredited domain name registrar, NameServices is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for .com and .net are not effective until we have delivered the domain name registration information you provide us to the registry administrator for the .com and.net TLDs, as applicable, and the registry administrator puts into effect your domain name registration. Currently, the registry administrator for the .com and .net TLDs is VeriSign GRS. You agree and acknowledge that NameServices is not liable or responsible in any way for any errors, omissions or any other actions by the registry administrator arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This provision survives termination or expiration of this Agreement. 2. Fees As consideration for the domain name registration services provided by NameServices to you, you agree to pay NameServices, prior to the effectiveness of the desired domain name registration, the amounts set forth by NameServices, for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as determined by NameServices in its sole discretion). 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 NameServices 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. We will make reasonable efforts to send you a notice or reminder within the sixty (60) days immediately before your current registration period expires. Ultimately, however, the responsibility for initiating renewal is yours alone, and NameServices has NO LIABILITY in connection therewith. If you wish to renew the registration, you must notify us and pay a renewal fee. Should you fail to notify us, or should the renewal fee go unpaid within the time specified in a second notice or reminder, your registration will be cancelled. To notify us and pay the renewal fee, you must log into your account via the NameServices web site, and follow the precise steps outlined there. To ensure your domains are not lost, we operate a positive auto renewal system on all registered domains. Your domain will be automatically renewed one (1) day prior to its expiration date and, once renewed, an invoice will be posted to your account. We will send a notification via email to the Registrant email address 60 days prior to the expiration date. If a domain is not renewed by the expiration date, we will send an expiration notification to the Registrant email address. If we are unable to collect the required payment for the registration or renewal of any domain name, we will either cancel or delete the domain name. For TLDs, we will place the domain into its redemption grace period. In order to recover a domain in this state, an additional payment may be necessary. More information and related fees and forms for the process may be found here https://www.ait.com/support/245-what-is-the-redemption-period and here https://www.ait.com/domain-registration/domain-restoration-form/ . 3. Dispute Policy You agree to be bound by the NameServices Domain Name Dispute Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at https://www.ait.com/company/aitdomains-dispute-resolution-policy. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameServices harmless pursuant to the terms and conditions contained in the Dispute Policy. 4. Changes to Registration Agreement and Dispute Policy You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that NameServices may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other Agreements that NameServices is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. 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. 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. 5. Domain Name Registration 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 promptly this information 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. Your name and postal address (or if different, that of the domain name holder); ii. The domain name being registered; iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and iv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name. 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 this 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 date of the registration; x. Information regarding all other activity between you and us regarding your domain name registration and related services. c. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about 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. You acknowledge that willfully or negligently providing inaccurate information or willfully or negligently 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 fifteen (15) calendar days to inquiries by NameServices 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. Disclosure and Use of Registration Information. You agree and acknowledge that NameServices 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 NameServices 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 NameServices 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 information by NameServices. You may access your domain name registration information in NameServices' possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available through our website (https://register.nameservices.net) or any NameServices operated web sites. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. NameServices 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. 6. Ownership of Data You agree and acknowledge that NameServices owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: a. the original creation date of the registration, b. the expiration date of the registration, c. the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, d. any remarks and/or content 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. NameServices does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database. 7. Agents and Licenses You agree that, if you are registering a domain name for 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. 8. Limitation of Liability YOU AGREE THAT NAMESERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND NAMESERVICES' REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NAMESERVICES.NET 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 NAMESERVICES.NET HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMESERVICES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. 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. 9. Indemnification of NameServices You agree to defend, indemnify and hold harmless NameServices for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. 10. Representations and Warranties You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, NAMESERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 11. Breach and Revocation NameServices expressly retains a security interest in your domain name registration, and reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) and/or domain name registration(s) on registry lock, hold, or similar status, as it deems necessary, in its unlimited and sole discretion including without limitation: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (i.e. RFCs); (b) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (c) for non-payment of any fees; (d) in the event you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameServices; (e) in the event 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; (f) to protect the integrity and stability of the registry; (g) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (h) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (i) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (j) per the terms of this Agreement; (k) during the resolution of a dispute; (l) in the event you use your domain name in connection with unlawful activity including but not limited to the following activities: distributing malware, botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law; or (m) grounds arise for such suspension, cancellation, transfer, or other modification as provided for in this Agreement. You hereby irrevocably appoint NameServices your attorney-in-fact for all matters relating to your domain name registration, in the event of any of the circumstances enumerated in the preceding sentence, expressly to include, without limitation, your failure to pay as agreed. 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, or by any other ccTLD registry administrator procedures, as the case may be, for the above-listed reasons, to correct mistakes registrar in the registration or administration of the domain name, or for the resolution of disputes concerning the domain name. You also agree that NameServices 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 NameServices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 12. Transfers The parties agree that a Registered Name Holder will be prohibited from changing its Registrar during the first sixty (60) days after initial registration of the domain name with the Registrar. If such provision shall conflict with any other term or condition of this agreement, this provision shall control. For transfers-in, we will temporarily change the domain name's administrative contact to our company's information in order to request and activate the transfer away authorization code. After the authorization code is received, the administrative contact will be reverted to the original information. 13. Governing Law Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of North Carolina, as if the Agreement was a contract wholly entered into and wholly performed within the State of North Carolina. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the NameServices site shall be brought exclusively in the United States District Court for the Eastern District of North Carolina, or if there is no jurisdiction in such court, then in a state court in Cumberland County. 14. Notices You agree that any notices required to be given under this Agreement by NameServices to you will be deemed to have been given if delivered in accordance with the contact information you have provided. 15. General NameServices is a d/b/a of AIT. The ICANN Registrar Accreditation Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm); the Registry-Registrar Agreement for the .com TLD (found at URL https://www.icann.org/resources/unthemed-pages/registry-agmt-appf-com-2001-04-16-en); the Registry-Registrar Agreement for the .net TLD (found at URL http://www.icann.org/tlds/agreements/verisign/registry-agmt-appf-net-16apr01.htm); and the aforementioned Dispute Policy are incorporated into this Agreement by reference.� This instrument, together with the incorporated documents listed in the preceding sentence, together with all modifications and updates to any or all of them, constitute the complete and exclusive Domain Name Registration Agreement between you and NameServices, and supersede and govern all prior proposals, agreements, or other communications.� You hereby agree to be bound by ALL the terms of this Agreement, expressly to include the terms found in the documents incorporated by reference. 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 NameServices 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 NameServices 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. NameServices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameServices 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 NameServices. INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information: 1. Price rates. Current rates for NameServices' domain name registration services may be obtained by going to the pricing schedule on our web site at https://register.nameservices.net or any other web site operated by NameServices. NameServices reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
DOMAIN REGISTRATION AGREEMENT FOR .org DOMAINS
NAMESERVICES DOMAIN NAME REGISTRATION AGREEMENT for the .ORG Top Level Domain (TLD) This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the NameServices domain name registration services to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by NameServices from time to time. This Agreement will become effective when accepted by NameServices. �NameServices 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. What We Do Advanced Internet Technologies, Inc. ("AIT") d/b/a NameServices is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN") for the .org TLD. ICANN oversees the .org TLD. As an accredited domain name registrar, NameServices is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register for the .org TLD are not effective until we have delivered the domain name registration information you provide us to the Registry Operator for the .org TLD, as applicable, and the Registry Operator puts into effect your domain name registration. Currently, the Registry Operator for the .org TLD is Public Interest Registry (PIR). You agree and acknowledge that NameServices is not liable or responsible in any way for any errors, omissions or any other actions by the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This provision survives termination or expiration of this Agreement. 2. Fees As consideration for the domain name registration services provided to you by NameServices, you agree to pay NameServices, prior to the effectiveness of the desired domain name registration, the amounts set forth by NameServices, for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled or transferred prior to the end of your then-current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance as is determined by NameServices in its sole discretion). 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 NameServices 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. We will make reasonable efforts to send you a notice or reminder within the sixty (60) days immediately before your current registration period expires. Ultimately, however, the responsibility for initiating renewal is yours alone, and NameServices has NO LIABILITY in connection therewith. If you wish to renew the registration, you must notify us and pay a renewal fee. Should you fail to notify us, or should the renewal fee go unpaid within the time specified in a second notice or reminder, your registration will be cancelled. To notify us and pay the renewal fee, you must log into your account via the NameServices web site, and follow the precise steps outlined there. To ensure your domains are not lost, we operate a positive auto renewal system on all registered domains. Your domain will be automatically renewed one (1) day prior to its expiration date and, once renewed, an invoice will be posted to your account. We will send a notification via email to the Registrant email address 60 days prior to the expiration date. If a domain is not renewed by the expiration date, we will send an expiration notification to the Registrant email address. If we are unable to collect the required payment for the registration or renewal of any domain name, we will either cancel or delete the domain name. For TLDs, we will place the domain into its redemption grace period. In order to recover a domain in this state, an additional payment may be necessary. More information and related fees and forms for the process may be found here https://www.ait.com/support/245-what-is-the-redemption-period and here https://www.ait.com/domain-registration/domain-restoration-form/. 3. Dispute Policy You agree to be bound by the NameServices Domain Name Dispute Resolution Policy ("Dispute Policy"), which is hereby incorporated and made a part of this Agreement by reference. The Dispute Policy can be found at https://www.ait.com/company/aitdomains-dispute-resolution-policy. Certain disputes, as specified in the Dispute Policy, are subject to that Policy. You agree that you will be subject to the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameServices harmless pursuant to the terms and conditions contained in the Dispute Policy. 4. Changes to Registration Agreement and Dispute Policy You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that NameServices may modify this Agreement and the Dispute Policy if necessary to comply with its ICANN agreement, and any other Agreements that NameServices is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. 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. 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. 5. Domain Name Registration 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 promptly this information 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. Your name and postal address (or if different, that of the domain name holder); ii. The domain name being registered; iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and iv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name. 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 this 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 date of the registration; x. Information regarding all other activity between you and us regarding your domain name registration and related services. c. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about 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. You acknowledge that willfully or negligently providing inaccurate information or willfully or negligently 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 fifteen (15) calendar days to inquiries by NameServices 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. Disclosure and Use of Registration Information. You agree and acknowledge that NameServices will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Operator(s), and to other third parties as ICANN and applicable laws may require or permit. You further agree and acknowledge that NameServices 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 NameServices 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 information by NameServices. You may access your domain name registration information in NameServices' possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available through our website (https://register.nameservices.net) or any NameServices operated web sites. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations which we describe in this Agreement. NameServices 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. 6. Ownership of Data You agree and acknowledge that NameServices owns all database, compilation, collective and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: a. the original creation date of the registration, b. the expiration date of the registration, c. the name, postal address, e-mail address, voice telephone number, and where available fax number of the technical contact, administrative contact, zone contact and billing contact for the domain name registration, d. any remarks and/or content 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. NameServices does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database. 7. Agents and Licenses You agree that, if you are registering a domain name for 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. 8. Limitation of Liability YOU AGREE THAT NAMESERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION; (f) EVENTS BEYOND NAMESERVICES� REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NAMESERVICES 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 NAMESERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMESERVICES� MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. 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. 9. Indemnification of NameServices You agree to defend, indemnify and hold harmless NameServices for any loss, damages or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. 10. Representations and Warranties You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR ITS DOMAIN NAME REGISTRATION SERVICES, INCLUDING BUT NOT LIMITED TO WARRANTIES OF MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE, UNLESS SUCH REPRESENTATIONS AND WARRANTIES ARE NOT LEGALLY EXCLUDABLE. WITHOUT ANY LIMITATION TO THE FOREGOING, NAMESERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 11. Breach and Revocation NameServices expressly retains a security interest in your domain name registration, and reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) and/or domain name registration(s) on registry lock, hold, suspension or similar status, as it deems necessary, in its unlimited and sole discretion including without limitation: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (i.e. RFCs); (b) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (c) for non-payment of any fees; (d) in the event you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameServices; (e) in the event 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; (f) to protect the integrity and stability of the registry; (g) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (h) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (i) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (j) per the terms of this Agreement; (k) during the resolution of a dispute; (l) in the event you use your domain name in connection with unlawful activity including but not limited to the following activities: distributing malware, botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law; or (m) grounds arise for such suspension, cancellation, transfer, or other modification as provided for in this Agreement. You hereby irrevocably appoint NameServices your attorney-in-fact for all matters relating to your domain name registration, in the event of any of the circumstances enumerated in the preceding sentence, expressly to include, without limitation, your failure to pay as agreed. 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, or by any other ccTLD registry administrator procedures, as the case may be, for the above-listed reasons, to correct mistakes registrar in the registration or administration of the domain name, or for the resolution of disputes concerning the domain name. You also agree that NameServices 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 NameServices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 12. Transfers The parties agree that a Registered Name Holder will be prohibited from changing its Registrar during the first sixty (60) days after initial registration of the domain name with the Registrar. If such provision shall conflict with any other term or condition of this agreement, this provision shall control. For transfers-in, we will temporarily change the domain name's administrative contact to our company's information in order to request and activate the transfer away authorization code. After the authorization code is received, the administrative contact will be reverted to the original information. 13 Governing Law Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of North Carolina, as if the Agreement was a contract wholly entered into and wholly performed within the State of North Carolina. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the NameServices site shall be brought exclusively in the United States District Court for the Eastern District of North Carolina, or if there is no jurisdiction in such court, then in a state court in Cumberland County. 14. Notices You agree that any notices required to be given under this Agreement by NameServices to you will be deemed to have been given if delivered in accordance with the contact information you have provided. 15. General NameServices is a d/b/a of AIT. The ICANN Registrar Accreditation Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm); the Registry-Registrar Agreement for the .org TLD (found at URL http://www.icann.org/tlds/agreements/org/registry-agmt-appf-19aug03.htm); and the aforementioned Dispute Policy are incorporated into this Agreement by reference.� This instrument, together with the incorporated documents listed in the preceding sentence, together with all modifications and updates to any or all of them, constitute the complete and exclusive Domain Name Registration Agreement between you and NameServices, and supersede and govern all prior proposals, agreements, or other communications.� You hereby agree to be bound by ALL the terms of this Agreement, expressly to include the terms found in the documents incorporated by reference. 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 NameServices 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 NameServices 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. NameServices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameServices 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 NameServices. INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information: 1. Price rates. Current rates for NameServices' domain name registration services may be obtained by going to the pricing schedule on our web site at https://register.nameservices.net or any other web site operated by NameServices. NameServices reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
DOMAIN REGISTRATION AGREEMENT FOR .biz DOMAINS
NAMESERVICES DOMAIN NAME REGISTRATION AGREEMENT FOR .BIZ TOP LEVEL DOMAIN (TLD) This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the NameServices domain name registration services to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by NameServices from time to time. This Agreement will become effective when accepted by NameServices. �NameServices 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. What We Do Advanced Internet Technologies, Inc. ("AIT") d/b/a NameServices is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN oversees registry administrators (Registry Operators), who in turn oversee the various top level domains (TLDs), such as .BIZ. As an accredited domain name registrar, NameServices is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register are not effective until we have delivered the domain name registration information you provide us to the Registry Operator for the appropriate TLD, as applicable, and the Registry Operator puts into effect your domain name registration. Currently, the Registry Operator for the .BIZ TLD is NeuLevel Inc. The relationship between you (registrant or Registered Name Holder) and NameServices will be governed in large part by prior understandings between NameServices and the Registry Operator, and by prior understandings between the Registry Operator and ICANN. ICANN standards, policies, procedures, and practices for which the Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN shall take precedence over anything in this Agreement, in the event of conflict(s). 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 ICANNs standards, policies, procedures, and practices, and Registry Operators Registry Agreement with ICANN, shall also take precedence over this Agreement in the event of conflict(s). These include the following requirements: a. You consent to the use, copying, distribution, publication, modification, and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the reasonable purposes specified in Registry Operator�s agreement with Registrar. b. You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"). c. You agree to immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name. d. You acknowledge that Registry Operator and Registrar 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: (i) the ability or inability of a registrant or to obtain a Registered Name during these periods, and (ii) the results of any dispute over a Sunrise Registration. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days notice by Registry Operator to Registrar. You agree and acknowledge that NameServices is not liable or responsible in any way for any errors, omissions, or any other actions by ICANN or by the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This provision survives termination or expiration of this Agreement. 2. Fees As consideration for the domain name registration services provided by NameServices to you, you agree to pay NameServices, prior to the effectiveness of the desired domain name registration, the amounts set forth by NameServices, for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled, or transferred prior to the end of your then-current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance to be determined by NameServices in its sole discretion). 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 payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to NameServices as the paying entity for that registration to the Registry Operator. 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, presently set at US$200. We will make reasonable efforts to send you a notice or reminder within the sixty (60) days immediately before your current registration period expires. Ultimately, however, the responsibility for initiating renewal is yours alone, and NameServices has NO LIABILITY in connection therewith. If you wish to renew the registration, you must notify us and pay a renewal fee. Should you fail to notify us, or should the renewal fee go unpaid within the time specified in a second notice or reminder, your registration will be cancelled. To notify us and pay the renewal fee, you must log into your account via the NameServices web site, and follow the precise steps outlined there. To ensure your domains are not lost, we operate a positive auto renewal system on all registered domains. Your domain will be automatically renewed one (1) day prior to its expiration date and, once renewed, an invoice will be posted to your account. We will send a notification via email to the Registrant email address 60 days prior to the expiration date. If a domain is not renewed by the expiration date, we will send an expiration notification to the Registrant email address. If we are unable to collect the required payment for the registration or renewal of any domain name, we will either cancel or delete the domain name. For TLDs, we will place the domain into its redemption grace period. In order to recover a domain in this state, an additional payment may be necessary. More information and related fees and forms for the process may be found here https://www.ait.com/support/245-what-is-the-redemption-period and here https://www.ait.com/domain-registration/domain-restoration-form/. 3. Dispute Policy You agree to be bound by the NameServices Domain Name Dispute Policy ("Dispute Policy"), which is hereby incorporated herewith and made a part of this Agreement by reference. The Dispute Policy can be found at https://www.ait.com/company/aitdomains-dispute-resolution-policy. Certain disputes, as specified in the Dispute Policy, are subject to and governed by that Policy. You agree that you will be subject to and governed by the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameServices harmless pursuant to the terms and conditions contained in the Dispute Policy. If you are an Applicant for a domain name in the .biz TLD, you further acknowledge having read and understood, and you agree to be bound by, the terms and conditions of the following additional 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 (UDRP), available at http://www.icann.org/udrp/udrp.htm; ii. The Start-up Dispute Resolution Policy (SUDRP), available at < http://www.neulevel.biz/countdown/stop.html; and iii. The Restrictions Dispute Resolution Criteria and Rules (RDRP), available at http://www.neulevel.biz/countdown/rdrp.html. 4. Changes to Registration Agreement and Dispute Policy You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that NameServices may modify this Agreement and the Dispute Policy, if necessary to comply with its ICANN Agreement and its Agreement with the Registry Operator, and any related Agreements that NameServices is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. 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. If you do not agree to 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. 5. Domain Name Registration Information and Its Use a. Information You Are Required to Submit. As part of the registration process and agreement, you are required and you agree to provide certain true, correct, up to date, and accurate information, and to update promptly this information as needed to keep it true, correct, up to date, and accurate. The information you are obligated to provide in connection with the domain name you are registering is the following: i. Your name and postal address (or, if different, that of the domain name holder); ii. The domain name being registered; iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; andiv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name. You agree and acknowledge that when you renew your domain name registration, the type of information you are required to provide may have changed. You agree and acknowledge that 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 this information may prevent you from obtaining certain products and services made available to domain name Registrants by us, other than and in addition to registration of the domain name. b. Domain Names for .biz TLD. If applying to register a domain name in the .biz TLD, the Applicant expressly certifies, in addition to the foregoing, that to the best of Applicants knowledge: i. The registered domain name will be used primarily for bona fide business or commercial purposes and not (a) exclusively for personal use; or (b) 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. ii. The prospective domain name Registrant has the authority to enter into the registration agreement; and iii. The registered domain name is reasonably related to the Registrants business or intended commercial purpose at the time of registration. c. 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 date of the registration; x. Information regarding all other activity between you and us regarding your domain name registration and related services. d. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about 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. You acknowledge that willfully or negligently providing inaccurate information or willfully or negligently 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 fifteen (15) calendar days to inquiries by NameServices 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. e. Disclosure and Use of Registration Information. You agree and acknowledge that NameServices will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Operator(s), and to other third parties as ICANN, the Registry Operator(s), and applicable laws may require or permit. You further agree and acknowledge that NameServices 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 or similar service) or for targeted marketing and other purposes as required or permitted by ICANN, the Registry Operator(s), 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 NameServices 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 to any and all 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 information by NameServices. You may access your domain name registration information in NameServices' possession to review, modify, or update such information, by accessing our domain manager service, or similar service, made available at our Web site <https://register.nameservices.net. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations described in this Agreement. NameServices will take reasonable precautions to protect the information it obtains from you, from our loss, misuse, unauthorized access, or disclosure; and from alteration or destruction of that information. 6. Ownership of Data You agree and acknowledge that NameServices owns all database, compilation, collective, and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: (a) the original creation date of the registration; (b) the expiration date of the registration; (c) the name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name registration; (d) any remarks and/or content 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. NameServices does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database. 7. Agents and Licenses You agree that, if you are registering a domain name for 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. 8. Limitation of Liability YOU AGREE THAT NAMESERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME; (b) USE OF YOUR DOMAIN NAME REGISTRATION; (c) INTERRUPTION OF BUSINESS; (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (f) EVENTS BEYOND NAMESERVICES� REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NAMESERVICES 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 NAMESERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMESERVICES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. 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. 9. Indemnification of NameServices You agree to defend, indemnify, and hold harmless NameServices for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. 10. Representations and Warranties You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WITH NAMESERVICES 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, NAMESERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 11. Breach and Revocation NameServices expressly retains a security interest in your domain name registration, and reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) and/or domain name registration(s) on registry lock, hold, suspension or similar status, as it deems necessary, in its unlimited and sole discretion including without limitation: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (i.e. RFCs); (b) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (c) for non-payment of any fees; (d) in the event you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameServices; (e) in the event 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; (f) to protect the integrity and stability of the registry; (g) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (h) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (i) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (j) per the terms of this Agreement; (k) during the resolution of a dispute; (l) in the event you use your domain name in connection with unlawful activity including but not limited to the following activities: distributing malware, botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law; or (m) grounds arise for such suspension, cancellation, transfer, or other modification as provided for in this Agreement. You hereby irrevocably appoint NameServices your attorney-in-fact for all matters relating to your domain name registration, in the event of any of the circumstances enumerated in the preceding sentence, expressly to include, without limitation, your failure to pay as agreed. 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, or by any other ccTLD registry administrator procedures, as the case may be, for the above-listed reasons, to correct mistakes registrar in the registration or administration of the domain name, or for the resolution of disputes concerning the domain name. You also agree that NameServices 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 NameServices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 12. Transfers The parties agree that a Registered Name Holder will be prohibited from changing its Registrar during the first sixty (60) days after initial registration of the domain name with the Registrar. If such provision shall conflict with any other term or condition of this agreement, this provision shall control. For transfers-in, we will temporarily change the domain name's administrative contact to our company's information in order to request and activate the transfer away authorization code. After the authorization code is received, the administrative contact will be reverted to the original information. 13. Governing Law Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations hereunder, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of North Carolina, as if the Agreement were a contract wholly entered into and wholly performed within the State of North Carolina. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the NameServices site or services shall be brought exclusively in the United States District Court for the Eastern District of North Carolina, or if there is no jurisdiction in such court, then in a state court in Cumberland County, North Carolina. 14. Notices You agree that any notices required to be given under this Agreement by NameServices to you will be deemed to have been given if delivered in accordance with the contact information you have provided. 15. General NameServices is a d/b/a of AIT. The ICANN Registrar Accreditation Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm); the Registry-Registrar Agreement for the .biz TLD (found at URL https://www.icann.org/resources/agreement/biz-2013-08-22-en); and the aforementioned Dispute Policy are incorporated into this Agreement by reference.� This instrument, together with the incorporated documents listed in the preceding sentence, together with all modifications and updates to any or all of them, constitute the complete and exclusive Domain Name Registration Agreement between you and NameServices, and supersede and govern all prior proposals, agreements, or other communications.� You hereby agree to be bound by ALL the terms of this Agreement, expressly to include the terms found in the documents incorporated by reference. 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 NameServices 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 NameServices 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. NameServices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameServices 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 NameServices. INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information: 1. Price rates. Current rates for NameServices' domain name registration services may be obtained by going to the pricing schedule on our web site at https://register.nameservices.net or any other web site operated by NameServices. NameServices reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. 2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
DOMAIN REGISTRATION AGREEMENT FOR .info DOMAINS
NAMESERVICES DOMAIN NAME REGISTRATION AGREEMENT FOR .INFO TOP LEVEL DOMAIN (TLD) This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the NameServices domain name registration services to register an Internet domain name, as well as your registration of that domain name. To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, the accompanying dispute policy and any rules or policies that are or may be published by NameServices from time to time. This Agreement will become effective when accepted by NameServices. �NameServices 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. What We Do Advanced Internet Technologies, Inc. ("AIT") d/b/a NameServices is an accredited registrar with the Internet Corporation for Assigned Names and Numbers ("ICANN"). ICANN oversees registry administrators (Registry Operators), who in turn oversee these TLDs. As an accredited domain name registrar, NameServices is, upon accepting your domain name registration application, your sponsor for that application. All domain name registrations we register are not effective until we have delivered the domain name registration information you provide us to the Registry Operator for the appropriate TLD, as applicable, and the Registry Operator puts into effect your domain name registration. Currently, the Registry Operator for the .info TLD is Afilias, Ltd. The relationship between you (registrant or Registered Name Holder) and NameServices will be governed in large part by prior understandings between NameServices and the Registry Operators, and by prior understandings between the Registry Operators and ICANN. ICANN standards, policies, procedures, and practices for which Registry Operator has monitoring responsibility in accordance with the Registry Agreement or other arrangement with ICANN shall take precedence over anything in this Agreement, in the event of conflict(s). 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 ICANNs standards, policies, procedures, and practices, and Registry Operators Registry Agreement with ICANN, shall also take precedence over this Agreement in the event of conflict(s). These include the following requirements: a. You consent to the use, copying, distribution, publication, modification, and other processing of Registered Name Holder's Personal Data by Registry Operator and its designees and agents in a manner consistent with the reasonable purposes specified in Registry Operators agreement with Registrar. b. You agree to submit to proceedings commenced under ICANN's Uniform Domain Name Dispute Resolution Policy ("UDRP") and the Sunrise Dispute Resolution Policy ("SDRP"). c. You agree to immediately correct and update the registration information for the Registered Name during the registration term for the Registered Name. d. You acknowledge that Registry Operator and Registrar 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: (i) the ability or inability of a registrant or to obtain a Registered Name during these periods, and (ii) the results of any dispute over a Sunrise Registration. Additional or revised Registry Operator operational standards, policies, procedures, and practices for the Registry TLD shall be effective upon thirty days notice by Registry Operator to Registrar. You agree and acknowledge that NameServices is not liable or responsible in any way for any errors, omissions, or any other actions by ICANN or by the Registry Operator arising out of or related to your application and receipt of, or failure to receive, a domain name registration. You further agree to indemnify, defend and hold harmless the registry administrator and its directors, officers, employees, and agents from and against any and all claims, damages, liabilities, costs, and expenses (including reasonable legal fees and expenses) arising out of, or related to, your domain name registration. This provision survives termination or expiration of this Agreement. 2. Fees As consideration for the domain name registration services provided by NameServices to you, you agree to pay NameServices, prior to the effectiveness of the desired domain name registration, the amounts set forth by NameServices, for the initial registration of the domain name and, should you choose to renew the registration, subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled, or transferred prior to the end of your then-current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee from some other entity (such reasonable assurance to be determined by NameServices in its sole discretion). 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 payment of the registration fee for your domain name registration, you agree and acknowledge that the domain name registration shall be transferred to NameServices as the paying entity for that registration to the Registry Operator. 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, presently set at US$200. We will make reasonable efforts to send you a notice or reminder within the sixty (60) days immediately before your current registration period expires. Ultimately, however, the responsibility for initiating renewal is yours alone, and NameServices has NO LIABILITY in connection therewith. If you wish to renew the registration, you must notify us and pay a renewal fee. Should you fail to notify us, or should the renewal fee go unpaid within the time specified in a second notice or reminder, your registration will be cancelled. To notify us and pay the renewal fee, you must log into your account via the NameServices web site, and follow the precise steps outlined there. To ensure your domains are not lost, we operate a positive auto renewal system on all registered domains. Your domain will be automatically renewed one (1) day prior to its expiration date and, once renewed, an invoice will be posted to your account. We will send a notification via email to the Registrant email address 60 days prior to the expiration date. If a domain is not renewed by the expiration date, we will send an expiration notification to the Registrant email address. If we are unable to collect the required payment for the registration or renewal of any domain name, we will either cancel or delete the domain name. For TLDs, we will place the domain into its redemption grace period. In order to recover a domain in this state, an additional payment may be necessary. More information and related fees and forms for the process may be found here https://www.ait.com/support/245-what-is-the-redemption-period and here https://www.ait.com/domain-registration/domain-restoration-form/. 3. Dispute Policy You agree to be bound by the NameServices Domain Name Dispute Policy ("Dispute Policy"), which is hereby incorporated herewith and made a part of this Agreement by reference. The Dispute Policy can be found at https://www.ait.com/company/aitdomains-dispute-resolution-policy . Certain disputes, as specified in the Dispute Policy, are subject to and governed by that Policy. You agree that you will be subject to and governed by the provisions specified in the Dispute Policy in effect at the time your domain name registration is disputed by a third party, in the event such dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameServices harmless pursuant to the terms and conditions contained in the Dispute Policy. 4. Changes to Registration Agreement and Dispute Policy You acknowledge that the domain name system and the practice of registering and administering domain names are evolving, and therefore you agree that NameServices may modify this Agreement and the Dispute Policy, if necessary to comply with its ICANN Agreement and its Agreement with the Registry Operator, and any related Agreements that NameServices is currently bound by or will be bound by in the future, as well as to adjust to changing business circumstances. 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. If you do not agree to 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. 5. Domain Name Registration 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 promptly this information 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. Your name and postal address (or if different, that of the domain name holder); ii. The domain name being registered; iii. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the administrative contact for the domain name; and iv. The name, postal address, e-mail address, voice telephone number, and where available, fax number of the billing contact for the domain name. 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 this 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 date of the registration; x. Information regarding all other activity between you and us regarding your domain name registration and related services. c. Obligations Relating to Provided Data. In the event that, in registering the domain name, you are providing information about 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. You acknowledge that willfully or negligently providing inaccurate information or willfully or negligently 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 fifteen (15) calendar days to inquiries by NameServices 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. Disclosure and Use of Registration Information. You agree and acknowledge that NameServices will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the Registry Operator(s), and to other third parties as ICANN, the Registry Operator(s), and applicable laws may require or permit. You further agree and acknowledge that NameServices 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 or similar service) or for targeted marketing and other purposes as required or permitted by ICANN, the Registry Operator(s), 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 NameServices 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 to any and all 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 information by NameServices. You may access your domain name registration information in NameServices' possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available through our website (https://register.nameservices.net) or any NameServices operated web sites. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and other limitations described in this Agreement. NameServices will take reasonable precautions to protect the information it obtains from you, from our loss, misuse, unauthorized access, or disclosure; and from alteration or destruction of that information. 6. Ownership of Data You agree and acknowledge that NameServices owns all database, compilation, collective, and similar rights, title and interests worldwide in our domain name database, and all information and derivative works generated from the domain name database. You further agree and acknowledge that we own the following information for those registrations for which we are the registrar: a. the original creation date of the registration; b. the expiration date of the registration; c. the name, postal address, e-mail address, voice telephone number, and where available, fax number of the technical contact, administrative contact, zone contact, and billing contact for the domain name registration; d. any remarks and/or content 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. NameServices does not have any ownership interest in your specific personal registration information outside of its rights in our domain name database. 7. Agents and Licenses You agree that, if you are registering a domain name for 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. 8. Limitation of Liability YOU AGREE THAT NAMESERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME; (b) USE OF YOUR DOMAIN NAME REGISTRATION; (c) INTERRUPTION OF BUSINESS; (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (f) EVENTS BEYOND NAMESERVICES REASONABLE CONTROL; (g) THE PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NAMESERVICES 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 NAMESERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMESERVICES MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. 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. 9. Indemnification of NameServices You agree to defend, indemnify, and hold harmless NameServices for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the Dispute Policy. 10. Representations and Warranties You represent that, to the best of your knowledge and belief, neither the registration of the domain name nor the manner in which it is directly or indirectly used infringes the legal rights of a third party. You further represent and warrant that all information provided by you in connection with your domain name registration is accurate. ALL DOMAIN NAME REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as an ICANN-approved domain name registrar in the introductory paragraph of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WITH NAMESERVICES 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, NAMESERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 11. Breach and Revocation NameServices expressly retains a security interest in your domain name registration, and reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) and/or domain name registration(s) on registry lock, hold, suspension or similar status, as it deems necessary, in its unlimited and sole discretion including without limitation: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (i.e. RFCs); (b) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (c) for non-payment of any fees; (d) in the event you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameServices; (e) in the event 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; (f) to protect the integrity and stability of the registry; (g) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (h) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (i) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (j) per the terms of this Agreement; (k) during the resolution of a dispute; (l) in the event you use your domain name in connection with unlawful activity including but not limited to the following activities: distributing malware, botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law; or (m) grounds arise for such suspension, cancellation, transfer, or other modification as provided for in this Agreement. You hereby irrevocably appoint NameServices your attorney-in-fact for all matters relating to your domain name registration, in the event of any of the circumstances enumerated in the preceding sentence, expressly to include, without limitation, your failure to pay as agreed. 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, or by any other ccTLD registry administrator procedures, as the case may be, for the above-listed reasons, to correct mistakes registrar in the registration or administration of the domain name, or for the resolution of disputes concerning the domain name. You also agree that NameServices 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 NameServices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 12. Transfers The parties agree that a Registered Name Holder will be prohibited from changing its Registrar during the first sixty (60) days after initial registration of the domain name with the Registrar. If such provision shall conflict with any other term or condition of this agreement, this provision shall control. For transfers-in, we will temporarily change the domain name's administrative contact to our company's information in order to request and activate the transfer away authorization code. After the authorization code is received, the administrative contact will be reverted to the original information. 13. Governing Law Except as otherwise set forth in the Dispute Policy with respect to disputes, this Agreement, your rights and obligations thereunder, and all actions contemplated by this Agreement shall be governed by the laws of the United States of America and the State of North Carolina, as if the Agreement were a contract wholly entered into and wholly performed within the State of North Carolina. Except as otherwise set forth in the Dispute Policy with respect to disputes, any action to enforce this Agreement or any matter relating to your use of the NameServices site or services shall be brought exclusively in the United States District Court for the Eastern District of North Carolina, or if there is no jurisdiction in such court, then in a state court in Cumberland County, North Carolina. 14. Notices You agree that any notices required to be given under this Agreement by NameServices to you will be deemed to have been given if delivered in accordance with the contact information you have provided. 15. General NameServices is a d/b/a of AIT. The ICANN Registrar Accreditation Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm); the Registry-Registrar Agreement for the .info TLD (found at URL https://www.icann.org/resources/unthemed-pages/registry-agmt-appf-c3-2001-05-11-en); and the aforementioned Dispute Policy are incorporated into this Agreement by reference.� This instrument, together with the incorporated documents listed in the preceding sentence, together with all modifications and updates to any or all of them, constitute the complete and exclusive Domain Name Registration Agreement between you and NameServices, and supersede and govern all prior proposals, agreements, or other communications.� You hereby agree to be bound by ALL the terms of this Agreement, expressly to include the terms found in the documents incorporated by reference. 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 NameServices 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 NameServices 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. NameServices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameServices 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 NameServices. INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information: 1. Price rates. Current rates for NameServices' domain name registration services may be obtained by going to the pricing schedule on our web site at https://register.nameservices.net or any other web site operated by NameServices. NameServices reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. 2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
DOMAIN REGISTRATION AGREEMENT FOR .us DOMAINS
NAMESERVICES DOMAIN NAME REGISTRATION AGREEMENT FOR .US TOP LEVEL DOMAIN (TLD) 1. Definitions. For purposes of this Registration Agreement, the following definitions shall apply: (a) "Registered Name" means a domain name registered within the .us Top Level Domain (usTLD). (b) "Registrant" means the holder of a Registered Name. (c) "Registrar" refers to a person or entity that contracts with a Registrant and with NeuStar, Inc. (the usTLD Administrator), and collects registration data about the Registrant and submits registration information for entry in the Registry Database and is party to an accreditation agreement with NeuStar. (d) "Registrar Services" means services provided by a Registrar in connection with the usTLD, and includes contracting with Registrant, collecting registration data about the Registrant, and submitting registration information for entry in the Registry Database. 2. Overview. This Registration Agreement ("Agreement") sets forth the terms and conditions of your use of the NameServices domain name registration services to register an Internet domain name, as well as your registration of that domain name.� To complete the registration process, you must acknowledge that you have read, understood, and agree to be bound by all terms and conditions of this Agreement, to include any online forms you may fill out and submit during the application process, and to include the NameServices Dispute Policy (DP), as these may be updated, revised, or supplemented by NameServices from time to time. You also must acknowledge that you have read, understood, and agree to be bound by the usTLD Nexus Requirements Policy (NRP) and the usTLD Dispute Resolution Policy (usDRP), as they exist now, and as they may be amended or revised from time to time. All of the foregoing documents are incorporated by reference, as if fully set forth herein. The DP can be found at https://register.nameservices.net, the usTLD NRP at http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf, and the usDRP at http://www.neustar.us/policies/docs/usdrp.pdf. This Agreement will become effective when accepted by NameServices. �NameServices 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. To ensure your domains are not lost, we operate a positive auto renewal system on all registered domains. Your domain will be automatically renewed one (1) day prior to its expiration date and, once renewed, an invoice will be posted to your account. We will send a notification via email to the Registrant email address 60 days prior to the expiration date. If a domain is not renewed by the expiration date, we will send an expiration notification to the Registrant email address. If we are unable to collect the required payment for the registration or renewal of any domain name, we will either cancel or delete the domain name. For TLDs, we will place the domain into its redemption grace period. In order to recover a domain in this state, an additional payment may be necessary. More information and related fees and forms for the process may be found here https://www.ait.com/support/245-what-is-the-redemption-period and here https://www.ait.com/domain-registration/domain-restoration-form/. 3. What We Do (a) Advanced Internet Technologies, Inc. ("AIT") d/b/a NameServices is an accredited Registrar with NeuStar, Inc., a Delaware corporation authorized to act as usTLD Administrator. As an accredited Registrar, NameServices is, upon accepting your domain name registration application, your sponsor for that application. No registration application we submit to usTLD can be effective until we have delivered to usTLD Administrator the registration information you provide us, and usTLD Administrator puts into effect your domain name registration. (b) The relationship between you, as Registrant, and NameServices, as Registrar, will be governed in large part by prior understandings between NameServices and the usTLD Administrator, and by prior understandings between the usTLD Administrator and the U.S. Department of Commerce (DoC) or the Internet Corporation for Assigned Names and Numbers (ICANN). Any DoC standards, policies, procedures, and practices for which usTLD Administrator has monitoring responsibility in accordance with the usTLD Agreement or other arrangement with DoC and/or ICANN, including without limitation ICANN policies pertaining to open country code TLDs (unless otherwise provided in the usTLD Agreement) shall take precedence over anything in this Agreement, in the event of conflict(s), without liability to NameServices. Moreover, operational standards, policies, procedures, and practices for the usTLD as set forth in the usTLD Agreement, the ccTLD Agreement, and as established from time to time by usTLD Administrator and/or the Council in a non-arbitrary manner and applicable to all registrars generally, and consistent with DoCs standards, policies, procedures, and practices, shall also take precedence over this Agreement in the event of conflict(s), without liability to NameServices. Additional or revised usTLD Administrator operational standards, policies, procedures, and practices for the usTLD shall be effective upon thirty (30) days notice by the usTLD Administrator to Registrar. (c) You agree and acknowledge that NameServices is not liable or responsible in any way for any errors, omissions, or any other actions by the usTLD Administrator arising out of or related to your application and your receipt of, or failure to receive, a domain name registration. You agree to defend, indemnify, and hold harmless NameServices for any loss, damages, or costs, including reasonable attorneys' fees, resulting from any third party claim, action, or demand related to the registration or use of the domain name registered in your name. This indemnification is in addition to any indemnification required under the DP, and this indemnification obligation survives the termination or expiration of this Agreement. As the Registrant, you further agree to indemnify, defend, and hold harmless the usTLD Administrator, and its directors, officers, employees, representatives, agents, affiliates, and stockholders from and against any and all claims, suits, actions, other proceedings, damages, liabilities, costs, and expenses of any kind, including without limitation reasonable legal fees and expenses, arising out of or relating to your (a) domain name registration and (b) use of any Registered Name. This indemnification obligation survives the expiration or termination of this Agreement. 4. Fees (a) As consideration for the Registrar Services provided by NameServices to you, you agree to pay NameServices, prior to the effectiveness of the desired registration, the amounts set forth by NameServices, for the initial registration of the domain name and, should you choose to renew the registration, for subsequent renewals of the registration. All fees are non-refundable, in whole or in part, even if your domain name registration is suspended, cancelled, or transferred prior to the end of your then-current registration term. Your requested domain name will not be registered unless we receive actual payment of the registration fee, or reasonable assurance of payment of the registration fee (such reasonable assurance to be determined by NameServices in its sole discretion). (b) In the event of a chargeback by a credit card company (or similar action by another payment provider allowed by us) in connection with the payment of the fee for your domain name registration, you agree and acknowledge that all right, title, and ownership of the domain name(s) and registration(s) affected by such chargeback shall immediately pass to NameServices, as having paid the usTLD Administrator for such names(s) and/or registration(s). Thereafter we will reinstate your domain name registration solely at our discretion, subject to our receipt of the appropriate registration or renewal fee, and our receipt of the then-current reinstatement fee, currently set at US$200. (c) We will make reasonable efforts to send you a notice or reminder within the sixty (60) days immediately before your current registration period expires. Ultimately, however, the responsibility for initiating renewal is yours alone, and NameServices has NO LIABILITY in connection therewith. If you wish to renew the registration, you must notify us and pay a renewal fee. Should you fail to notify us, or should the renewal fee go unpaid within the time specified in a second or subsequent notice or reminder, your registration will not be renewed, and your domain name will consequently be released into the open pool. To notify us and pay the renewal fee, you must log into your account via the NameServices website, and follow the precise steps outlined there. (d) If NameServices is able to successfully register your domain name, you authorize NameServices to charge your credit card a NON-REFUNDABLE registration fee, corresponding to the length of the registration period you requested, at the rate indicated in the NameServices registration materials (at URL https://nameservices.net and the related pages and subdirectories). In the event your usTLD domain name is registered or subsequently renewed, but you fail to pay NameServices any additional fees associated with such registration or renewal, you hereby consent to the immediate transfer of your usTLD Domain Name to NameServices or its designee. 5. Domain Name Dispute Policy. You agree to be bound by the NameServices Domain Name Dispute Policy (DP), which is incorporated herein, and made a part of this Agreement by reference (https://www.ait.com/company/aitdomains-dispute-resolution-policy). Certain disputes, as specified in the DP, are subject to that Policy. You agree that you will be subject to the provisions specified in the DP in effect at the time your domain name registration is disputed by a third party, in the event such a dispute arises. You also agree that, in the event a domain name dispute arises with any third party, you will indemnify and hold NameServices harmless, pursuant to the terms and conditions contained in the DP. Moreover, until different policies and procedures are established by the usTLD Administrator (NeuStar), NameServices, as the Registrar, will comply with the United States Dispute Resolution Policy (usDRP) (http://www.neustar.us/policies/docs/usdrp.pdf) and the usTLD Nexus Requirements Policy (usNRP) (http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf), and requires compliance therewith by Registrants, as a material condition of this Agreement. To this end, the usDRP and the usNRP are incorporated herein by reference. 6. Changes to Registration Agreement, DP, usNRP and usDRP. You acknowledge that the domain name system is evolving, as well as the practice of registering and administering domain names, and therefore you agree that this Agreement, to include the parts incorporated by reference, may be modified by NameServices (or, in the case of the usDRP and usNRP, by the usTLD Administrator), if such modification is needed to enable NameServices to comply with its agreement with the usTLD Administrator, and/or with any other agreements that NameServices is bound by, or will be bound by, as well as to adjust to changing business circumstances. Your continued use of the domain name registered to you, subsequent to such modification(s), shall signify your acceptance of the modified Agreement, DP, usNRP, and/or usDRP. If you do not agree to such change(s), you should promptly request that your domain name registration be cancelled, or transferred to a different Registrar. You agree that such cancellation or request for transfer shall be your exclusive remedy if you do not wish to abide by such change(s) to this Agreement, to include change(s) to the DP, usNRP, and/or usDRP. 7. Domain Name Registration Information and Its Use (a) As the Registrant, you are obligated to provide to the Registrar (NameServices) accurate and reliable contact details and promptly correct and update them during the term of this Registered Name registration, including: the full name, postal address, email address, voice telephone number, and fax number (if available) of the Registrant; name of authorized person for contact purposes in the case of a Registrant that is an organization, association, or corporation; and the data elements listed below: (1) The name of the Registered Name; (2) The IP address and corresponding names of the primary name server and secondary nameserver(s) for the Registered Name; (3) The name and URL of Registrar (which may be provided through Registrar's website); (4) The original creation date and original term of the registration; (5) The expiration date of the registrations current term; (6) The name and postal address of the domain name Registrant; (7) The name, postal address, email address, voice telephone number, and (where available) fax number of the Name Holder for the name registered; and (8) The name, postal address, email address, voice telephone number, and (where available) fax number of the technical contact for the name registered; and (9) The name, postal address, email address, voice telephone number, and (where available) fax number of the administrative contact for the name registered. (b) IN ADDITION TO THE ABOVE INFORMATION, REGISTRANTS ARE REQUIRED TO PROVIDE CERTAIN ADDITIONAL "NEXUS" INFORMATION, AS SET FORTH ELSEWHERE HEREUNDER. (c) By entering this Agreement, you are certifying to NameServices that all the data you have provided or shall provide to NameServices for purposes of your domain name registration application is and shall be true, correct, up to date, and complete; and that you will keep all such information up to date by advising NameServices promptly of any and all changes thereto. As Registrant, your willful or grossly negligent provision of inaccurate or unreliable information, or your willful or grossly negligent failure promptly to update information provided to NameServices shall constitute a material breach of this Agreement with NameServices, and shall be a basis for cancellation of the affected registration, without refund. You further agree and acknowledge that when you renew your registration, the type of information you are required to provide may have changed, and that, if you do not wish to provide the new required information, your registration may not be renewed. (d) With the exception of certain additional "Nexus" information, as required elsewhere hereunder, all other information which we may request from you at registration is voluntary. However, not providing this information may prevent you from obtaining all products and services made available to Registrants by us, other than registration of the domain name. We will not process data about any identified or identifiable natural person that we obtain from you in a way incompatible with the purposes and limitations described in this Agreement. (e) You may access your domain name registration information in NameServices' possession to review, modify or update such information, by accessing our domain manager service, or similar service, made available through our website (https://register.nameservices.net) or any NameServices operated web sites. (f) NameServices 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. You agree and acknowledge that NameServices will make available domain name registration information you provide or that we otherwise maintain to ICANN, to the usTLD Administrator, and to other third parties as ICANN, the usTLD Administrator, and applicable laws may require or permit. You further agree and acknowledge that NameServices may make publicly available, or directly available to third party vendors, some, or all, of the registration information you provide, for purposes of inspection (such as through our Whois service), or for targeted marketing and other purposes as permitted or required by ICANN, the usTLD Administrator, and applicable laws. (g) 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 registration information by NameServices. (h) By entering into this Agreement, you represent that if, in registering the domain name, you are providing information about a third party, you have (1) provided notice to that third party of the disclosure and use of that party's information as set forth in this Agreement, and (2) that you have obtained that third party's express consent to such disclosure and to use of that party's information as set forth in this Agreement. You further represent that, to the best of your knowledge and belief, neither the registration of the Registered Name nor the manner in which it is directly or indirectly used infringes the legal rights of any third party. 8. Enforcement of Accurate Whois Data. As Registrar, we will accept written complaints from third parties regarding false and/or inaccurate Whois data of Registrants. No later than thirty (30) days after receipt of such a written complaint, the Registrar shall conduct an initial investigation into the veracity and accuracy of the contact details. If we determine that the information is false, inaccurate, or not up to date, we will issue a letter to you as Registrant, via email and regular first-class mail, stating that the information contained in your Whois record may be false, inaccurate, or not up to date. You, the Registrant, will be required to update your contact information no later than thirty (30) calendar days from the date of such notice. If, within thirty (30) days, you can either (1) show that you have not provided false or inaccurate contact information or (2) provide the updated Whois information, then you will be allowed to maintain your usTLD domain name registration. If, however, after thirty (30) days, you either do not respond to our notice, or you are unable to provide true and accurate contact information, you the Registrant shall be deemed to have breached your registration agreement, and NameServices, as the Registrar, shall be required by the usTLD Administrator to delete the registration. NameServices shall not be required to refund any fees paid by you, the Registrant, if we terminate your registration agreement due to our enforcement of this provision. 9. Transfers The parties agree that a Registered Name Holder will be prohibited from changing its Registrar during the first sixty (60) days after initial registration of the domain name with the Registrar. If such provision shall conflict with any other term or condition of this agreement, this provision shall control. For transfers-in, we will temporarily change the domain name's administrative contact to our company's information in order to request and activate the transfer away authorization code. After the authorization code is received, the administrative contact will be reverted to the original information. 10. Governing Law, Breach (a) For the adjudication of disputes explicitly concerning or arising from Registrants use of the Registered Name, the Registrant shall submit, without prejudice to other potentially applicable jurisdictions, to the jurisdiction of the courts (1) of the Registrant's domicile, (2) where Registrar is located, and (3) the United States. As to any and all other claims or disputes arising out of this Agreement, the rights and obligations of the parties, and all actions contemplated by this Agreement, shall be construed and governed by the laws of the State of North Carolina, as if the Agreement was a contract wholly entered into and wholly performed within the State of North Carolina, except as otherwise set forth in the DP with respect to disputes. (b) NameServices expressly retains a security interest in your domain name registration, and reserves the right to deny, cancel or transfer any registration or transaction, or place any domain name(s) and/or domain name registration(s) on registry lock, hold, or similar status, as it deems necessary, in its unlimited and sole discretion including without limitation: (a) to comply with specifications adopted by any industry group generally recognized as authoritative with respect to the Internet (i.e. RFCs); (b) to correct mistakes made by the registry or any registrar in connection with a domain name registration; (c) for non-payment of any fees; (d) in the event you materially breach this Agreement (including the Dispute Policy) and do not cure such breach within thirty (30) days of notice by NameServices; (e) in the event 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; (f) to protect the integrity and stability of the registry; (g) to comply with any applicable laws, government rules or requirements, requests of law enforcement, or any dispute resolution process; (h) to comply with any applicable ICANN rules or regulations, including without limitation, the registry agreement; (i) to avoid any liability, civil or criminal, on the part of registry operator, as well as its affiliates, subsidiaries, officers, directors, and employees; (j) per the terms of this Agreement; (k) during the resolution of a dispute; (l) in the event you use your domain name in connection with unlawful activity including but not limited to the following activities: distributing malware, botnets, phishing, pharming, piracy, trademark or copyright infringement, fraudulent or deceptive practices, counterfeiting or otherwise engaging in activities contrary to applicable law; or (m) grounds arise for such suspension, cancellation, transfer, or other modification as provided for in this Agreement. You hereby irrevocably appoint NameServices your attorney-in-fact for all matters relating to your domain name registration, in the event of any of the circumstances enumerated in the preceding sentence, expressly to include, without limitation, your failure to pay as agreed. You further acknowledge and agree that your registration of a domain name is subject to suspension, cancellation or transfer by any ICANN procedure, by any registrar (including NameServices) or registry administrator procedures approved by an ICANN-adopted policy, or by any other ccTLD registry administrator procedures as the case may be, (X) to correct mistakes by NameServices, another registrar or the registry administrator in administering the name or (Y) for the resolution of disputes concerning the domain name. You also agree that NameServices 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 NameServices receives a properly authenticated order from a court of competent jurisdiction, or arbitration award, requiring the suspension, cancellation transfer or modification of the domain name registration. 11. Nexus Requirements. Registrant understands and agrees that, in order to qualify to register and maintain its use of a Registered Name in the usTLD, Registrant must have and maintain a United States "Nexus." By entering into this Agreement, therefore, each Registrant certifies to NameServices that such Registrant has, and shall maintain and continue to have for the duration of the registration term, a lawful bona fide presence in the United States on the basis of real and substantial lawful contacts with, or lawful activities in, the United States of America, in one of the following Nexus Categories: (a) Nexus Category 1. A natural person (i) who is a citizen or permanent resident of the United States of America or any of its possessions or territories, or (ii) whose primary place of domicile is in the United States of America or any of its possessions or territories, or (b) Nexus Category 2. An entity or organization that is (i) incorporated within one of the fifty (50) U.S. states, the District of Columbia, or any of the United States possessions or territories or (ii) organized or otherwise constituted under the laws of a state of the United States of America, the District of Columbia or any of its possessions or territories, or (c) Nexus Category 3. An entity or organization (including a federal, state, or local government of the United States, or a political subdivision thereof) that has a bona fide presence in the United States. It is a continuing requirement that each usTLD domain name Registrant must maintain the U.S. Nexus Requirement. If you the Registrant fail to establish and maintain eligibility under the Nexus Requirements, as set forth herein and in usNRP (http://www.neustar.us/policies/docs/ustld_nexus_requirements.pdf), such failure shall be a basis for cancellation of the Registered Name. NameServices shall not be required to refund any fees paid by you, the Registrant, if we cancel your Registered Name or terminate your registration agreement under this provision. 12. Additional Nexus Information. Registrant further understands and agrees that Registrant will be required to provide certain additional Nexus Information. Except where it is noted below that a registration will be denied if information is missing, failure of a registration to satisfy Nexus will result in the name being placed upon a 30-day hold during which time the usTLD Administrator will notify Registrar, and Registrar will give the Registrant the opportunity to correct the information. If the information is not corrected within the 30-day period, the registration will be cancelled and the name will be returned to available status. The registration fee will not be refunded. If, on the other hand, the Registrant is able to demonstrate compliance with the requirement and the information is corrected, the hold will be released and the name will be registered. (a) Registrant shall certify that the listed name servers are located within the United States of America, and if Registrant fails to do so, the registration will be rejected; (b) Registrant shall expressly identify the basis for Registrants compliance with Nexus (i.e., on the basis of Nexus Category 1, 2, or 3 as listed above), and if Registrant fails to do so, the registration will be rejected; (1) If Registrant identifies Nexus Category 1 as the basis for compliance with Nexus, Registrant shall: a. complete a statement of citizenship or legal permanent residency (and if Registrant fails to do so, the registration will be rejected); and b provide the address of Registrants primary place of domicile, if different from the Name Holder contact information specified hereinabove. (2) If Registrant identifies Nexus Category 2 as the basis for compliance with Nexus, Registrant shall complete a statement specifying the type of entity (e.g., corporation, sole proprietorship, etc.), and the jurisdiction of incorporation or registration (e.g., state, city and county, territory, etc.). (3) If Registrant identifies Nexus Category 3 as the basis for compliance with Nexus, Registrant must state the Registrants country of citizenship; and identify from the following list, Registrants further basis for compliance with Nexus: a. regularly sells goods in the United States; b. regularly provides services in the United States; c. regularly engages in lawful business activities, trade, or other business (commercial or non-commercial including not-for-profit) relations in the United States; d. maintains an office or other facility or property within the United States for a lawful business, noncommercial, educational, or governmental purpose, and not solely or primarily to permit it to register for a usTLD domain name. 13. Ownership of Data. You agree and acknowledge that NameServices owns all database, compilation, collective and similar rights, title, and interests worldwide in our domain name database, and in all information and derivative works generated from the domain name database. You further agree and acknowledge that we hold a non-exclusive ownership interest in 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 technical contact, administrative contact, zone contact and billing contact for the domain name registration; (d) any remarks and/or content 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 Registrar 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. NameServices specifically disclaims any ownership interest in your specific personal registration information outside of its rights in the NameServices domain name database. 14. Agents and Licenses (a) By entering into this Agreement, you are certifying that to the best of your knowledge the domain name Registrant has the authority to enter into the Registration Agreement and meets all the U.S. Nexus Requirements set forth elsewhere hereunder. (b) If you, as Registrant, intend to license use of a domain name to a third party, you are nonetheless the Registered Name Holder of record. You therefore remain responsible for all obligations under this Agreement, including but not limited to payment obligations. You are responsible for providing your own full contact information and for providing and updating accurate technical, administrative, zone, and billing contact information adequate to facilitate timely resolution of any problems that arise in connection with the Registered Name and the registration thereof. A Registrant licensing use of a Registered Name according to this provision shall accept liability for harm caused by wrongful use of the Registered Name, unless it promptly discloses the identity of the licensee to a party providing the Registrant reasonable evidence of actionable harm. 15. Limitation of Liability. YOU AGREE THAT NAMESERVICES WILL NOT BE LIABLE FOR ANY (a) SUSPENSION OR LOSS OF THE DOMAIN NAME REGISTRATION IN YOUR NAME, (b) USE OF YOUR DOMAIN NAME REGISTRATION, (c) INTERRUPTION OF BUSINESS, (d) ACCESS DELAYS OR ACCESS INTERRUPTIONS TO THIS SITE OR THE WEBSITE(S) YOU ACCESS BY THE DOMAIN NAME REGISTERED IN YOUR NAME; (e) DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION, OR OTHER MODIFICATION; (f) EVENTS BEYOND NAMESERVICES' REASONABLE CONTROL; (g) PROCESSING OF THIS APPLICATION; OR (h) APPLICATION OF THE DISPUTE POLICY. NAMESERVICES 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 NAMESERVICES HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. IN NO EVENT SHALL NAMESERVICES' MAXIMUM AGGREGATE LIABILITY EXCEED THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN NAME, BUT IN NO EVENT GREATER THAN SEVENTY DOLLARS ($70.00) PER DOMAIN NAME. 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. 16. Representations and Warranties. You represent that, to the best of your knowledge and belief, neither the registration of the Registered 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 REGISTRATION SERVICES ARE PROVIDED TO YOU "AS IS." Except for our statement regarding our accreditation as a usTLD Administrator-approved domain name Registrar in the introductory paragraphs of this Agreement, WE MAKE NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH THIS AGREEMENT OR WITH 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, NAMESERVICES MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN NAME UNDER THIS AGREEMENT WILL IMMUNIZE YOU EITHER FROM CHALLENGES TO YOUR DOMAIN NAME REGISTRATION, OR FROM SUSPENSION, CANCELLATION, OR TRANSFER OF THE DOMAIN NAME REGISTERED TO YOU. 17. Notices. You agree that any notices required to be given under this Agreement by NameServices to you will be deemed given if delivered in accordance with the contact information you have provided. 18. General. NameServices is a d/b/a of AIT. The ICANN Registrar Accreditation Agreement (found at URL http://www.icann.org/registrars/ra-agreement-17may01.htm); the usTLD Nexus Requirements (found at URL http://www.about.us/policies/ustld-nexus-requirements), and all other usTLD policies (listed with links provided to them at URL http://www.nic.us/policies/index.html), to include the usTLD Dispute Resolution Policy and Rules, are incorporated into this Agreement by reference.� This instrument, together with the incorporated documents listed in the preceding sentence, together with all modifications and updates to any or all of them, constitute the complete and exclusive Domain Name Registration Agreement between you and NameServices, and supersede and govern all prior proposals, agreements, or other communications.� You hereby agree to be bound by ALL the terms of this Agreement, expressly to include the terms found in the documents incorporated by reference. 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 NameServices 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 NameServices 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. NameServices will amend or replace such provision with one that is valid and enforceable and which achieves, to the extent possible, the original objectives and intent of NameServices 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 NameServices. Neither this Agreement nor any right created hereby may be assigned by a party without the prior written consent of the other party. INFORMATION FOR CALIFORNIA RESIDENTS: Under California Civil Code Section 1789.3, California residents entitled to the following specific consumer rights information: 1. Price rates. Current rates for NameServices' domain name registration services may be obtained by going to the pricing schedule on our web site at https://register.nameservices.net or any other web site operated by NameServices. NameServices reserves the right to change fees, surcharges, renewal fees or to institute new fees at any time. 2. Complaints. The Complaint Assistance Unit of the Division of Consumer Services of the California Department of Consumer Affairs may be contacted in writing at 1020 N. Street, #501, Sacramento, CA 95814, or by telephone at 1-916-445-1254.
Registrant Rights and Responsibilities Document
Copyright Swiftmark Software Solutions, Inc
Phone: 646-620-5890 | email : support@swiftmark.com
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