|
To complete the registration process, you must
acknowledge that you have read, understood, and agree to be bound by all of
terms and conditions of this Agreement (for .biz, .com, .info, name ,net, and
.org domains); the appropriate Agreements for country codes ("ccTLDs")
domain registrations; the accompanying appropriate dispute policies, the additional
requirements; and any registration rules or policies that are or may be published
from time to time by Internetnames4sale.com, the Internet Corporation for Assigned
Names and Numbers ("ICANN") and/or any and all of the registry administrators.
Submission of your domain registration application constitutes acceptance of
all the terms and conditions contained and referenced herein.
Registration Agreement
This Registration Agreement ("Agreement")
is between you, the person or entity registering a domain or domains, and Internetnames4sale.com,
Inc. ("Internetnames4sale.com") and is effective when accepted by
Internetnames4sale.com at its offices in Dearborn heights, Michigan, (the "Effective
Date"). Internetnames4sale.com may elect to accept or reject your offer
to enter into this Agreement for any reason in its sole discretion, such rejection
including, but not limited to, a rejection based on a request for registration
of a prohibited domain.
1. Our Services:
Your domain registration will be effective upon occurrence of all of the following:
· You offer to Internetnames4sale.com this Agreement,
without modification, for Internetnames4sale.com's acceptance;
· Internetnames4sale.com accepts this Agreement
and your domain registration application;
· Internetnames4sale.com receives payment of the
registration, renewal and reinstatement fees as applicable; and
· Internetnames4sale.com delivers the domain registration
information you provide to the registry administrator for the applicable TLDs
and the registry administrator puts into effect your domain registration application.
In addition, in accordance with your selections
during the domain registration process, Internetnames4sale.com may provide you
with the option of additional paid/free services in accordance with the terms
below but reserves the right to modify/discontinue those services at any time.
You must agree to abide by the terms, or Internetnames4sale.com will not provide
the services you selected to you. For the Internetnames4sale.com's own Hosting
services or the services of paid sponsors, please review those individual links
to see their Terms of Service, in addition to this Agreement.
2. Limitation of Liability:
You understand that Internetnames4sale.com does not control all aspects of the
domain registration process. For example, once you complete a domain application,
Internetnames4sale.com forwards the information contained in the application
to the appropriate Registry Administrator for processing and actual registration
of the name. Internetnames4sale.com disclaims, and you agree that Internetnames4sale.com
is not liable for any inaccuracies regarding the registration information relating
to (i) the input of the information by you; and (ii) the input of the information
by the Registry Administrators. Internetnames4sale.com will not be held liable,
nor refund a domain name registration due to spelling errors/typos.
3. Multiple Domain Registrations:
Internetnames4sale.com, in accordance with ICANN policies, reserves the rights
to refuse to register multiple domain registrations.
4. Fees:
4.1 Payment of fees as a condition to domain registration. As consideration
for the domain registration service provided by Internetnames4sale.com, you
agree to pay Internetnames4sale.com, prior to the effectiveness of the desired
domain registration, all registration and other applicable fees as indicated
via a valid Credit Card (no checks). Except as provided herein, all fees are
non-refundable, in whole or in part, even if your domain registration is suspended,
cancelled or transferred prior to the end of your then-current registration
term.
4.2 Reservation of right to modify fees. Internetnames4sale.com reserves the
right to modify fees, surcharges, and renewal fees or to institute new fees
at any time, for any reason, at its sole discretion.
4.3 Credit card charge-backs for domain registrations. In the event of a charge-back
to Internetnames4sale.com by your credit card company (or similar action by
another payment provider used by us) in connection with the payment of the registration
or other fee, you agree and acknowledge that the domain registration shall be
transferred to Internetnames4sale.com as the paying entity for that registration
to the registry(ies) and that we reserve all rights regarding such domain including,
without limitation, the right to make the domain available to other parties
for purchase. In Internetnames4sale.com's sole discretion, it may reinstate
your domain registration, subject to Internetnames4sale.com's receipt of the
registration fee and any reinstatement fees imposed by Internetnames4sale.com.
4.4 Credit card charge-backs for non-domain registration services. In the event
of a charge-back by a credit card company (or similar action by another payment
provider) in connection with the payment of a non-domain registration fee, you
agree and acknowledge that service shall not initiate or will be discontinued,
if previously in use, and any information maintained by the service may be deleted.
5. Required domain registration information:
5.1 Registration information. As part of the domain registration process and
in accordance with ICANN Policies, a domain registrant is required to submit
and keep current the following information (collectively, the "Registration
Information"):
· The domain registrant's name and postal address;
· The domain being requested;
· Administrative contact information, including
the name, postal address, e-mail address, voice telephone number, and where
available, fax number of the administrative contact for the domain; and
· Billing contact information, including the name,
postal address, e-mail address, voice telephone number, and where available,
fax number of the billing contact for the domain.
5.2 Additional registration information. In addition, in accordance with ICANN
policies, Internetnames4sale.com is obligated to maintain additional information
relating to a domain registration, which may include (collectively, "Additional
Registration Information"):
· The original creation date of the domain registration;
· The submission date and time of the registration
application to us and by us to the proper registry;
· Communications (electronic or paper form) constituting
registration orders, modifications, or terminations and related correspondence
between you and us;
· Records of account for your domain registration,
including dates and amounts of all payments and refunds;
· The IP addresses of the primary nameserver and
any secondary nameservers for the domain;
· The corresponding names of those nameservers;
· The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the technical contact for
the domain;
· The name, postal address, e-mail address, voice
telephone number, and where available, fax number of the zone contact for the
domain;
· The expiration date of the registration; and
· Information regarding all other activity between
you and us regarding your domain registration and related services.
5.3 Use of registration information and additional registration information.
You agree and acknowledge that Internetnames4sale.com will make available the
Registration Information and the Additional Registration Information to ICANN;
to other third parties such as Verisign, Inc. Global Names Registry Ltd., Neustar,
Inc., Afilias USA, Inc., Global Domains International (collectively, "Registry
Administrators"); and as applicable laws may require or permit. Additionally,
you acknowledge and agree that ICANN and the Registry Administrators may establish
guidelines, limits and/or requirements that relate to the amount and type of
information that Internetnames4sale.com may or must make available to the public
or to private entities, and the manner in which such information is made available.
Further, 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 (including any updates
to such information), whether during or after the term of your registration
of the domain. Moreover, you hereby irrevocably waive any and all claims and
causes of action that may arise or have arose from such disclosure or use of
your Registration Information and the Additional Registration Information.
5.4 Information updating and accuracy obligations. As a condition to continued
registration of your domain, you must keep the Registration Information current,
complete and accurate. You may access your Registration Information in Internetnames4sale.com's
possession to review, modify or update such Registration Information, by accessing
Internetnames4sale.com's domain manager service, or similar service, made available
at our Web site. In accordance with ICANN policies, you acknowledge and agree
that if you willfully provide inaccurate information or fail to update your
Registration Information promptly will constitute a material breach of this
Agreement and may result in the cancellation of your domain registration. You
further agree that your failure to respond in less than ten (10) calendar days
to inquiries by Internetnames4sale.com concerning the accuracy of the Registration
Information associated with your domain registration shall constitute a material
breach of this Agreement and will be sufficient basis for cancellation of your
domain registration.
5.5 Information requirements for renewals. Upon renewal of your domain 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 domain registration
may not be renewed.
5.6 Ownership of data. You agree and acknowledge that Internetnames4sale.com
owns all database, compilation, collective and similar rights, title and interests
worldwide in our domain database ("Domain Database"), and all information
and derivative works generated from such Domain Database, which contains Registration
Information and Additional Registration Information. You further agree and acknowledge
that Internetnames4sale.com owns the following information for those domain
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, authorized contact, zone contact and billing
contact for the domain registration; (d) any remarks concerning the registered
domain that appear or should appear in the WHOIS or similar database; and (e)
any other information Internetnames4sale.com generates or obtains in connection
with the provision of domain registration services, other than the domain being
registered, the Internet protocol (IP) addresses of the primary nameserver and
any secondary nameservers for the domain, and the corresponding names of those
nameservers. Internetnames4sale.com does not have any ownership interest in
your specific personal registration information outside of its rights in its
Domain Database.
6. Domain parking:
In the domain registration process, you will be asked to provide name servers
to associate with the domain being registered. If you do not enter name servers
for the domain at that time, the domain will be automatically placed on name
servers provided by Internetnames4sale.com, and internet users that type in
the domain will be redirected to a "coming soon" page (collectively,
"parking a domain" or a "parked domain"). There is no charge
for parking a domain. The "coming soon" page may contain advertisements
and other materials selected by Internetnames4sale.com, in Internetnames4sale.com's
sole discretion. By not designating name servers during the registration process,
you hereby consent to and authorize Internetnames4sale.com's placement of the
"coming soon" page, and its associated contents, on your parked domain.
You may change the name server configuration (or "un-park" the domain)
after the registration is complete. If you need to register name servers using
the domains that you are currently registering, the names will initially be
parked with Internetnames4sale.com until you modify the name servers after the
domain registration is complete, using your account manager.
7. Registration renewal:
7.1 Renewal obligations. You are solely responsible for ensuring that any and
all domains and additional services are renewed prior to their expiration, should
you so desire their renewal. You may renew your domain at any time before the
expiration date. Internetnames4sale.com shall have no liability to you or any
third party in connection with the renewal, including, but not limited to, any
failure or errors in renewing the services.
You may be notified at Internetnames4sale.com's sole discretion when renewal
fees are due. Should these fees go unpaid within the time specified in a notice
or reminder regarding renewal, your registration will be cancelled. Payment
must be made by such other method as we indicate in the renewal form. If your
billing information is not accurate, you are solely responsible for the failure
to renew.
7.2 Autorenewal. You agree that if you paid for any services provided hereunder
by credit card, you hereby authorize but do NOT obligate, Internetnames4sale.com
to automatically charge your credit card and renew the applicable service(s)
on or before their renewal date using the credit card information you have provided
to Internetnames4sale.com, unless you notify Internetnames4sale.com that you
do not wish to participate in Internetnames4sale.com's automatic renewal process.
Notification of your intent to not renew (opt-out) must be received by Internetnames4sale.com
no earlier than thirty (30) days prior to renewal date or on renewal date. In
the absence of such notification from you, Internetnames4sale.com will automatically
renew, for a period of one year, any domain that is up for renewal and will
charge the credit card you have on file with Internetnames4sale.com, at Internetnames4sale.com's
then current rates. You are solely responsible for the credit card information
you provide to Internetnames4sale.com and must promptly inform Internetnames4sale.comof
any changes thereto (e.g., change of expiration date or account number). If
the credit card has expired or is otherwise invalid, you are solely responsible
for a failure to renew and Internetnames4sale.com shall not be liable for your
failure. If correct information is not provided prior to the expiration date
of the domain, your registration will not be renewed.
8. Dispute resolution policy:
You agree to be bound by the appropriate domain dispute resolution policy ("Dispute
Policy") applicable to the domain that you have selected. The Dispute Policy(ies)
can be found here. The Dispute Policy has been developed
by ICANN and/or the specific Registration Administrator(s) and is a required
component of every Agreement. The Dispute Policies are hereby incorporated and
made a part of this Agreement by reference. Certain disputes, as specified in
the applicable Dispute Policy, are subject to that Policy. In the event such
dispute arises, you agree that you will be subject to the provisions specified
in the Dispute Policy in effect at the time your domain registration is disputed
by a third party. You further agree that, in the event a domain dispute arises
with any third party, you will indemnify and hold Internetnames4sale.com harmless
pursuant to the terms and conditions contained in the Dispute Policy. The Dispute
Policy may be modified at any time by the applicable Registry Administrator(s)
and your continued use of the domain registered to you after any such Dispute
Policy modification shall constitute your acceptance of the modified Dispute
Policy and this Agreement. If you do not agree to any of such changes, you may
request that your domain registration be cancelled or transferred to a different
domain registrar. For the adjudication of disputes concerning or arising from
use of the SLD name, the SLD holder shall submit, without prejudice to other
potentially applicable jurisdictions, to the jurisdiction of the courts (1)
of the SLD holder's domicile and (2) where Registrar is located.
9. Change of registrant of domains:
9.1 Transfer of registration. The entity or person named as the "registrant"
at the time the controlling user name and password are secured shall be the
registrant of the domain. You agree that prior to the effectiveness of any transfer
of ownership of your domain to another entity, Internetnames4sale.com reserves
the right to enforce any amount published for the transfer of ownership of a
domain. You further agree that, as a condition of any such transfer of ownership
of the domain, the person or entity to which you seek to transfer your domain
shall agree in writing (electronic acceptance is acceptable) to be bound by
the terms and conditions of this Agreement. Your domain will not be transferred
until we receive such written assurances and/or actual payment of the transfer
fee, if any is imposed (or reasonable assurance as determined by Internetnames4sale.com
in its sole discretion). You acknowledge and agree that if you attempt to transfer
your domain registration without paying Internetnames4sale.com any amount published
for the transfer of ownership of a domain, or if the entity to which you seek
to transfer your domain fails to agree in writing to be bound by all terms and
conditions of this Agreement, any such transfer will be null and void, and will
result in your domain registration being revoked without a refund of any charges
you have incurred in attempting to register or transfer that domain.
9.2 When changing the name of Registrant within Internetnames4sale.com, you
agree that the domain name may be changed back to the Registrant listed immediately
prior to the change upon written (e-mail is acceptable) request within five
(5) days (or reasonable time as determined at Internetnames4sale.com's discretion)
by Registrant that was listed immediately prior to change.
9.3 When transferring a domain name into Internetnames4sale.com as the new Registrar
of record and simultaneously changing the name of Registrant or subsequently
changing the name of Registrant, you agree that the domain name may be re-transferred
back to the losing Registrar upon written (e-mail is acceptable) request by
Registrant that was listed immediately prior to transfer or upon request by
losing Registrar.
9.4 Restrictions on transfer. You agree that you may not transfer your domain
registration to another domain registrar during the first sixty (60) days from
the effective date of your initial domain registration with Internetnames4sale.com
You agree to provide written authorization (electronic acceptance is acceptable)
to Internetnames4sale.com for the transfer of the domain to another registrar
and agree to pay any and all fees that may be charged by Internetnames4sale.com
to effect the transfer. Your request to transfer to another registrar may be
denied in situations described in the Dispute Policy, including, but not limited
to; a dispute over the identity of the domain holder; bankruptcy; and default
in the payment of any fees.
10. Acceptable Use Policy:
You understand that all information, data, text, software programs, music, sound,
photographs, graphics, video, messages or other materials ( collectively "Content"),
whether publicly posted on your website or privately transmitted via email or
in any other manner, is the sole responsibility of the person from which such
Content originated. This means that you, and not Internetnames4sale.com, are
entirely responsible for all Content that you upload, post, email, transmit
or otherwise make available. Under no circumstances will Internetnames4sale.com
be liable in any way for any Content, including, but not limited to, for any
errors or omissions in any Content, or for any loss or damage of any kind incurred
as a result of the use of any Content posted, emailed, transmitted or otherwise
made available.
Internetnames4sale.com and its designees shall
have the right (but not the obligation) in their sole discretion to refuse or
move any Content that is available via our services. Without limiting the foregoing,
Internetnames4sale.com and its designees shall have the right to remove any
Content that violates this Registration Agreement or is otherwise objectionable.
Further, you acknowledge and agree that Internetnames4sale.com may preserve
Content and may also disclose such Content if required to do so by law or upon
the good faith belief that such preservation or disclosure is reasonably necessary
to: (a) comply with legal process; (b) enforce this Registration Agreement;
(c) respond to claims that any Content violates the rights of third-parties;
or (d) protect the rights, property, or personal safety of Internetnames4sale.com,
its users and the public. You agree that you must evaluate, and bear all risks
associated with, the use of any Content, including any reliance on the accuracy,
completeness, or usefulness of such Content. In this regard, you acknowledge
that you may not rely on any Content created by Internetnames4sale.com or submitted
to Internetnames4sale.com, including without limitation information in Message
Boards and all other parts of our services.
You agree to:
a. not upload, post, email, transmit or otherwise make available (collectively,
"Transmit") any Content that is unlawful, harmful, threatening, abusive,
harassing, tortuous, defamatory, vulgar, obscene, libelous, invasive of another's
privacy, hateful, or racially, ethnically or otherwise objectionable;
b. not harm minors in any way;
c. not impersonate any person or entity, including, but not limited to, a Internetnames4sale.com
official, forum leader, guide or host, or falsely state or otherwise misrepresent
your affiliation with a person or entity;
d. not forge headers or otherwise manipulate identifiers in order to disguise
the origin of any Content transmitted;
e. not Transmit any Content that you do not have a right to make available under
any law or under contractual or fiduciary relationships (such as inside information,
proprietary and confidential information learned or disclosed as part of employment
relationships or under nondisclosure agreements);
f. not Transmit any Content that infringes any patent, trademark, trade secret,
copyright or other proprietary rights ("Rights") of any party;
g. not Transmit any unsolicited or unauthorized advertising, promotional materials,
"junk mail," "spam," "chain letters," "pyramid
schemes," or any other form of solicitation;
h. not Transmit any content that contains software viruses or any other computer
code, files or programs designed to interrupt, destroy or limit the functionality
of any computer software or hardware or telecommunications equipment;
i. not disrupt the normal flow of dialogue, cause a screen to "scroll"
faster than other users are able to or otherwise act in a manner that negatively
affects other users' ability to engage in real time exchanges;
j. not interfere with or disrupt servers or networks, or disobey any requirements,
procedures, policies or regulations of networks;
k. not relay email from a third party's mail servers without the permission
of that third party.
l. not use "robots" or otherwise harvesting other's email addresses
from the Internetnames4sale.com site for purposes of sending unsolicited or
unauthorized material.
m. not upload, post, email, or transmit the same message, URL, or post multiple
times.
n. not intentionally or unintentionally violate any applicable local, state,
national or international law, including, but not limited to, regulations promulgated
by the U.S. Securities and Exchange Commission, any rules of any national or
other securities exchange, including, without limitation, the New York Stock
Exchange, the American Stock Exchange or the NASDAQ, and any regulations having
the force of law;
o. not "stalk" or otherwise harass another; or
p. not collect or store personal data about other users.
11. Unsolicited email prohibited; consequences
of sending unsolicited email:
11.1 Unsolicited email prohibited. You are strictly prohibited from mass-mailing
unwanted email advertisements or solicitations of any type (e.g. SPAM, UCE)
(collectively, "Unsolicited Email"). Further, in conjunction with
State of Washington laws, Internetnames4sale.com prohibits a person from conspiring
with another to initiate the transmission of Unsolicited Email that: (a) uses
a third party's internet domain without permission of the third party, or otherwise
misrepresents or obscures any information in identifying the point of origin
or the transmission path of a commercial electronic mail message; or (b) contains
false or misleading information in the subject line.
11.2 Right to Disable Account or Domain. If you send Unsolicited Email, Internetnames4sale.com
reserves the right, in its sole discretion, to immediately disable any domain
or user account that allegedly sent such unsolicited email in order to forestall
further abuse or damage to email systems. Unsolicited Email sent from other
networks that reference email accounts of domains registered by Internetnames4sale.com
shall be considered to have originated from the account referenced, unless compelling
reasons are provided to Internetnames4sale.com, such that Internetnames4sale.com
believes that the Unsolicited Email originated with an unrelated third party.
11.3 Single complaint of Unsolicited Email. If Internetnames4sale.com receives
a complaint regarding Unsolicited Email, Internetnames4sale.com will reasonably
investigate the claim by, among other things, contacting the administrative
contact and/or the account owner of the domain at the listed e-mail address.
If there is no response within five (5) days of our request, Internetnames4sale.com
will, in its discretion, take such action as it deems warranted to prevent further
sending of Unsolicited Email, including but not limited to suspending and locking
the domain. If the domain registrant wishes to reinstate the domain after a
'lock' is in place, it must apply to do so with Internetnames4sale.com, take
such remedial measures as Internetnames4sale.com may request, and Internetnames4sale.com
may unlock the account, in its sole discretion. For those domains approved to
be unlocked, an administrative fee and a probationary period may also be imposed
at Internetnames4sale.com's discretion.
11.4 Multiple complaints of Unsolicited Email. If Internetnames4sale.com receives
two or more complaints for two or more different domains within the same account
related to Unsolicited Email, and there is no response to either or both requests
for explanation, Internetnames4sale.com may suspend and lock the domains in
question and lock and disable the domains in the entire account. For those domains
within the account that have not received an Unsolicited Email complaint, such
domains may be permitted to be transferred to another registrar at the account
owner/domain registrant's sole expense. However, the domains that have received
Unsolicited Email complaints will remain locked and suspended, at Internetnames4sale.com's
discretion.
11.5 Additional Unsolicited Email guidelines. Certain Internetnames4sale.com
services may have additional Unsolicited Email guidelines explaining appropriate
conduct for those services. It is the user's responsibility to read and comply
with each service's guidelines for additional details regarding Unsolicited
Email.
11.6 Enforcement of Unsolicited Email policy. In addition to the above actions,
violations of this Section 11 may result in legal action and/or a fine against
you and the termination, without notice, of your account and/or anything associated
with it, including, but not limited to, email accounts, posts, home pages, and
profiles. Nothing in this policy is intended to grant any right to transmit
email to or through Internetnames4sale.com computer systems.
12. Agents and licensing:
You agree that, if you are registering a domain and listing someone other than
yourself as the registrant, you represent and warrant that you have the authority
to bind the person or entity listed as registrant as a principal to this Agreement,
including the Dispute Policy. The name listed as registrant of the domain or
the appropriate officer of a listed Organization (at Internetnames4sale.com's
discretion) may individually choose to move the domain into another account
for full access to the domain, irrespective of wishes of agent/account owner/other
listed contacts on that particular domain (e.g. admin, billing). Further, you
agree that if you license the use of the domain registered to you to a third
party, you nonetheless remain the domain holder of record, and remain responsible
for strict compliance with this Agreement, including but not limited to payment
obligations, and providing (and updating, as necessary) accurate Registration
Information and Additional Registration Information. Further, you remain fully
liable for any actions of the licensee using the domain.
13. Representations and warranties:
In the event that, in registering the domain, you are providing information
related to a third party, you hereby represent and warrant that you have (a)
provided notice to that third party of the disclosure and use of that party's
information as set forth in this Agreement, and (b) 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 further represent that, to the best of your
knowledge and belief, neither the registration of the domain 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 registration is accurate.
14. Indemnification
14.1 Indemnification of Internetnames4sale.com. You will indemnify, hold harmless,
and defend Internetnames4sale.com and its subsidiary and parent entities, predecessors,
successors, affiliates, and assigns, and all of their respective current and
former officers, directors, members, shareholders, agents, and employees (the
"Indemnified Parties") from any and all Claims. "Claim"
means any action, cause of action, suit, proceeding, claim, or demand of any
third party (and all resulting judgments, bona fide settlements, penalties,
damages, losses, liabilities, costs, and expenses (including without limitation
reasonable attorneys' fees and costs)), which arises out of: (a) your breach
of this Agreement or any of Internetnames4sale.com's policies applicable to
this domain registration or related services, (b) the operation of your domain
in any manner inconsistent with this Agreement or any of Internetnames4sale.com's
policies applicable to this domain registration or related services, (c) any
negligent act or omission by you, or (d) any third party claim, action, or demand
related to the registration or use of the domain registered in your name (and
this indemnification is in addition to any indemnification required under the
Dispute Policy). "Reasonable attorneys' fees and costs" as used in
this Section 14 includes without limitation fees and costs incurred to interpret
or enforce this Section 14. Internetnames4sale.com may, at its expense, employ
separate counsel to monitor and participate in the defense of any Claim. Internetnames4sale.com
will provide you with reasonably prompt notice of any Claim.
14.2 Indemnification of ICANN and Registry Operators (including but not limited
to VeriSign, Inc., Public Interest Registry). You agree to indemnify, defend,
and hold harmless ICANN, Registry Operator(s) (including but not limited to
VeriSign, Inc, Public Interest Registry) and their respective subcontractors,
shareholders, directors, officers, employees, affiliates and agents from and
against any and all claims, damages, liabilities, costs and expenses, including
reasonable attorneys' fees and costs and any other expenses arising out of or
related to your domain registration and any disputes regarding same. This indemnification
obligation shall survive the termination or expiration of the registration agreement.
15. Warranty disclaimer; limitation of liability:
15.1 Disclaimer of warranty. EXCEPT FOR THE REPRESENTATION THAT Internetnames4sale.com
IS AN ICANN-APPROVED DOMAIN REGISTRAR, Internetnames4sale.com MAKES NO REPRESENTATIONS
OR WARRANTIES OF ANY KIND WHATSOEVER, EXPRESS OR IMPLIED, IN CONNECTION WITH
THIS AGREEMENT OR ITS DOMAIN REGISTRATION SERVICES. FURTHER, Internetnames4sale.com
EXPRESSLY DISCLAIMS THE IMPLIED WARRANTIES OF FITNESS FOR AN INTENDED PURPOSE,
PROPER WORKMANSHIP, NON-NEGLIGENCE, AND NON-INFRINGEMENT. WITHOUT ANY LIMITATION
TO THE FOREGOING, Internetnames4sale.com MAKES NO REPRESENTATIONS OR WARRANTIES
OF ANY KIND WHATSOEVER THAT REGISTRATION OR USE OF A DOMAIN UNDER THIS AGREEMENT
WILL PREVENT CHALLENGES TO YOUR DOMAIN REGISTRATION, OR FROM SUSPENSION, CANCELLATION
OR TRANSFER OF ANY DOMAIN REGISTERED TO YOU.
15.2 Limitation of liability. YOU AGREE THAT Internetnames4sale.com WILL NOT
BE LIABLE FOR ANY OF THE FOLLOWING: (A) SUSPENSION OR LOSS OF THE DOMAIN REGISTRATION
IN YOUR NAME; (B) USE OF YOUR DOMAIN REGISTRATION BY YOU OR OTHERS, WHETHER
OR NOT AUTHORIZED BY YOU TO HAVE SUCH USE; (C) INTERRUPTION OF BUSINESS; (D)
ACCESS DELAYS, DENIAL OF SERVICE (DOS) ATTACKS OR ACCESS INTERRUPTIONS TO THIS
SITE OR THE WEB SITE(S) YOU ACCESS BY THE DOMAIN REGISTERED IN YOUR NAME; (E)
DATA NON-DELIVERY, MIS-DELIVERY, CORRUPTION, DESTRUCTION OR OTHER MODIFICATION;
(F) EVENTS BEYOND Internetnames4sale.com'S REASONABLE CONTROL; (G) THE PROCESSING
OF THIS APPLICATION; OR (H) APPLICATION OF THE DISPUTE POLICY.
Internetnames4sale.com 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 Internetnames4sale.com HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
IN NO EVENT SHALL Internetnames4sale.com'S MAXIMUM AGGREGATE LIABILITY EXCEED
THE TOTAL AMOUNT PAID BY YOU FOR REGISTRATION OF THE DOMAIN THAT IS AT ISSUE.
SHOULD THIS AGREEMENT OR A DISPUTE POLICY BE AMENDED IN SUCH A MANNER THAT YOU
DO NOT ACCEPT OR AGREE TO, YOUR SOLE REMEDY WILL BE TO CANCEL YOUR DOMAIN REGISTRATION
OR TO REQUEST FOR DOMAIN TRANSFER.
16. Term and termination:
16.1 Term. This Agreement is effective as of the "Effective Date."
The term of this Agreement is from the Effective Date to the day that this Agreement
ends through any of the following means: (a) your domain registration is cancelled;
(b) your domain is actually transferred to a third party; or (c) your domain
expires or is terminated (in accordance with Section 16.3, below) (collectively,
"Termination").
16.2 Domain suspension, cancellation or transfer. You acknowledge and agree
that your domain registration is subject to suspension, cancellation or transfer
(cancellation or transfer collectively referred to as, "Cancellation")
(a) to correct mistakes by Internetnames4sale.com, another registrar, or a Registry
Administrator in administering the name or (b) for the resolution of disputes
concerning the domain pursuant to an ICANN policy or procedure. You also agree
that Internetnames4sale.com shall have the right in its sole discretion to suspend,
cancel, transfer or otherwise modify a domain registration upon up to seven
(7) calendar days prior notice and after such time as Internetnames4sale.com
receives a properly authenticated order from a court of competent jurisdiction,
or arbitration award, requiring the suspension, cancellation, transfer or modification
of the domain registration.
16.3 Termination. Internetnames4sale.com reserves the right to suspend, cancel,
transfer or modify your domain registration if: (a) you materially breach this
Agreement (including the Dispute Policy) and do not cure such breach within
ten (10) days of notice by Internetnames4sale.com; (b) you use the domain to
send Unsolicited Email, in violation of this Agreement or applicable laws; (c)
you use your domain in connection with unlawful activity; or (d) you violate
this Agreement.
16.4 Survival. The following provisions will survive Termination or Cancellation
of this Agreement: Sections 12, 13, 14, 15, 16, and 17.
17. Additional terms:
17.1 Modifications to Agreement. ICANN REQUIRES THAT THIS AGREEMENT MUST BE
MODIFIED IMMEDIATELY TO REFLECT ANY AND ALL CHANGES REQUIRED BY ICANN. THUS,
THIS AGREEMENT MAY BE MODIFIED AT ANY TIME TO REFLECT CHANGES IN ICANN'S POLICIES.
Further, except as otherwise provided in this Agreement, you agree, during the
term of this Agreement, that we may: (1) revise the terms and conditions of
this Agreement; and/or (2) change part of the services provided under this Agreement
at any time. Any such revision or change will be binding and effective immediately
upon posting of the revised Agreement or change to the service(s) on Internetnames4sale.com's
Web sites, or upon notification to you by e-mail or United States mail. You
agree to periodically review our Web sites, including the current version of
this Agreement available on our Web sites, to be aware of any such revisions.
If you do not agree with any revision to the Agreement, you may terminate this
Agreement at any time by providing us with notice by e-mail or United States
mail addressed as follows, Attention: Customer Support, P. O. Box 657 Dearborn
Heights, MI 48127. Notice of your termination will be effective on receipt and
processing by us. Any fees paid by you if you terminate your Agreement with
us are nonrefundable, but you will not incur any additional fees. By continuing
to use Internetnames4sale.com services after any revision to this Agreement
or change in service(s), you agree to abide by and be bound by any such revisions
or changes.
We are not bound by nor should you rely on any representation by (i) any agent,
representative or employee of any third party that you may use to apply for
our services; or in (ii) information posted on our Web site of a general informational
nature.
17.2 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 State of
Washington, as if the Agreement was a contract wholly entered into and wholly
performed within the State of Michigan. 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 web site shall be brought exclusively
in the Superior Court in Wayne County, Michigan, or if there is no jurisdiction
in such court, then in the United States District Court for Wayne County, Michigan.
17.3 Notices. You agree that any notices required to be given under this Agreement
by Internetnames4sale.com to you will be deemed to have been given if delivered
in accordance with the contact information you have provided.
17.4 Relationship. Nothing contained in this Agreement shall be construed as
creating any agency, partnership, or other form of joint enterprise between
the parties.
17.5 Waiver. The failure by Internetnames4sale.com to require performance of
any provision hereof shall not affect the full right to require such performance
at any time thereafter; nor shall the waiver by Internetnames4sale.com of a
breach of any provision hereof be taken or held to be a waiver of the provision
itself.
17.6 Severability. 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. Internetnames4sale.com 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 Internetnames4sale.com.
as reflected in the original provision.
17.7 Assignment. This Agreement may be assigned by Internetnames4sale.com without
your consent. You may not assign this Agreement (and the related domain registration)
without the prior consent of Internetnames4sale.com and/or without using the
Internetnames4sale.com domain transfer process in compliance with ICANN's policies.
17.8 Entire agreement. This Agreement, and the attachments and documents referenced
herein, including but not limited to the Dispute Policy (as modified from time
to time), constitute the complete and exclusive agreement between you and Internetnames4sale.com,
and supersede and govern all prior proposals, agreements, or other communications.
APPENDIX 1.
ADDITIONAL REGISTRY REQUIREMENTS
Listed below are additional contractual requirements that you the registrant
must agree to should you desire to register a domain in these registries.
1. .INFO. Should you seek to registrar a .INFO second level domain, you must
agree to be bound by the following terms:
1.1 Registrant consents to the use, copying, distribution, publication, modification,
and other processing of Registered Domain Holder's Personal Data by Afilias,
the .INFO Registry Operator, and its designees and agents in a manner consistent
with the purposes specified pursuant in its contract.
1.2 Registrant agrees to submit to proceedings under ICANN's Uniform Domain
Dispute Policy (UDRP) and comply with the requirements set forth by Afilias
for domains registered during the Sunrise Period, including the mandatory Sunrise
Dispute Resolution Policy. These policies are subject to modification.
1.3 Registrant agrees to immediately correct and update the registration information
for the Registered Name during registration term for the Registered Name, failure
to correct this information shall constitute a breach of this Agreement.
1.4 Registrant acknowledges that Afilias, the registry operator for .INFO, will
have no liability of any kind for any loss or liability resulting from the proceedings
and processes relating to the Sunrise Period or the Land Rush Period, including,
without limitation: (a) the ability or inability of a registrant to obtain a
Registered Name during these periods, and (b) the results of any dispute over
a Sunrise Registration.
1.5 Registrar and Afilias, the registry operator for .INFO, expressly reserve
the right to deny, cancel or transfer any registration that it deems necessary,
in its discretion, to protect the integrity and stability of the registry, to
comply with any applicable laws, government rules or requirements, requests
of law enforcement, in compliance with any dispute resolution process, or to
avoid any liability, civil or criminal, on the part of Registrar and/or Afilias
as well as their affiliates, subsidiaries, officers, directors and employees.
Registrar and Afilias also reserve the right to freeze a domain during resolution
of a dispute
2. .BIZ. Should you seek to registrar a .BIZ second level domain, you must
agree to be bound by the following terms:
2.1 BIZ RESTRICTIONS. Registrations in the .biz TLD must be used or intended
to be used primarily for bona fide business or commercial purposes. For purposes
of the .biz Registration Restrictions ("Restrictions"), "bona
fide business or commercial use" shall mean the bona fide use or bona fide
intent to use the domain or any content, software, materials, graphics or other
information thereon, to permit Internet users to access one or more host computers
through the DNS:
a) To exchange goods, services, or property of any kind;
b) In the ordinary course of trade or business; or
c) To facilitate (i) the exchange of goods, services, information, or property
of any kind; or, (ii) the ordinary course of trade or business.
Registering a domain solely for the purposes of (1) selling, trading or leasing
the domain for compensation, or (2) the unsolicited offering to sell, trade
or lease the domain for compensation shall not constitute a "bona fide
business or commercial use" of that domain.
2.2 BIZ CERTIFICATION. As a .biz domain registrant, you hereby certify to the
best of your knowledge that:
(a) The registered domain will be used primarily for bona fide business or commercial
purposes and not (i) exclusively for personal use; or
(ii) solely for the purposes of (1) selling, trading or leasing the domain for
compensation, or (2) the unsolicited offering to sell, trade or lease the domain
for compensation. For more information on the .biz restrictions, which are incorporated
herein by reference, please see: http://www.neulevel.com/countdown/registrationRestrictions.html
(b) The domain registrant has the authority to enter into the registration agreement;
and
(c) The registered domain is reasonably related to the registrant's business
or intended commercial purpose at the time of registration.
2.3 PROVISION OF REGISTRATION DATA.
2.3.1 Provision of Registration Data. As part of the registration process, you
are required to provide us with certain information and to update this information
to keep it current, complete and accurate. This information includes (i) your
full name, postal address, e mail address, voice telephone number, and fax number
if available; (ii) the name of an authorized person for contact purposes in
the case of a registrant that is an organization, association, or corporation;
(iii) the IP addresses of the primary nameserver and any secondary nameserver(s)
for the domain; (iv) the corresponding names of those nameservers; (v) the full
name, postal address, e-mail address, voice telephone number, and fax number
if available of the technical contact for the domain; (vi) the full name, postal
address, e-mail address, voice telephone number, and fax number if available
of the administrative contact for the domain; (vii) the name, postal address,
e-mail address, voice telephone number, and fax number if available of the billing
contact for the domain; and (viii) any remark concerning the registered domain
that should appear in the Whois directory. You agree and understand that the
foregoing registration data will be publicly available and accessible on the
Whois directory as required by ICANN/Registry Policy and may be sold in bulk
in accordance with the ICANN Agreement.
2.3.2 Inaccurate or Unreliable Data. You hereby represent and warrant that the
data provided in the domain registration application is true, correct, up to
date and complete and that you will continue to keep all the information provided
up to date. Your willful provision of inaccurate or unreliable information,
your willful failure promptly to update information provided to us, or any failure
to respond for over five calendar days to our inquiries addressed to the e-mail
address of the administrative, billing or technical contact then appearing in
the Whois directory with respect to an domain concerning the accuracy of contact
details associated with any registration(s) or the registration of any domain(s)
registered by or through you or your account, shall constitute a breach of this
Agreement. Any information collected by us concerning an identified or identifiable
natural person ("Personal Data") will be used in connection with the
registration of your domain(s) and for the purposes of this Agreement and as
required or permitted by the ICANN Agreement or any ICANN/Registry Policy.
2.4 DOMAIN DISPUTE POLICY. If you reserved or registered a .biz domain through
us, you agree to be bound by our current domain dispute policy that is incorporated
herein and made a part of this Agreement by reference. Please take the time
to familiarize yourself with that policy. In addition, you hereby acknowledge
that you have read and understood and agree to be bound by the terms and conditions
of the following documents, as they may be amended from time to time, which
are hereby incorporated and made an integral part of this Agreement:
(i) The Uniform Domain Dispute Resolution Policy, available at http://w ww.icann.org/udrp/udrp.htm.
(ii) The Start-up Trademark Opposition Policy ("STOP"), available
at http://www.neulevel.com/countdown/stop.html; and
(iii) The Restrictions Dispute Resolution Criteria and Rules, available at http://www.neulevel.com/countdown/rdrp.html.
The STOP sets forth the terms and conditions in connection with a dispute between
a registrant of a .biz domain ("Registrant") with any third party
(other than Registry Operator or Registrar) over the registration or use of
a .biz domain registered by Registrant that is subject to the Intellectual Property
Claim Service. The Intellectual Property Claim Service a service introduced
by Registry Operator to notify a trademark or service mark holder ("Claimant")
that a second-level domain has been registered in which that Claimant claims
intellectual property rights. In accordance with the STOP and its associated
Rules, those Claimants will have the right to challenge registrations through
independent ICANN-accredited dispute resolution providers. The UDRP sets forth
the terms and conditions in connection with a dispute between a Registrant and
any party other than the Registry Operator or Registrar over the registration
and use of an Internet domain registered by Registrant. The RDRP sets forth
the terms under which any allegation that a domain is not used primarily for
business or commercial purposes shall be enforced on a case-by-case, fact specific
basis by an independent ICANN-accredited dispute provider. None of the violations
of the Restrictions will be enforced directly by or through Registry Operator.
Registry Operator will not review, monitor, or otherwise verify that any particular
domain is being used primarily for business or commercial purposes or that a
domain is being used in compliance with the SUDRP or UDRP processes.
2.5 DOMAIN DISPUTE POLICY MODIFICATIONS. You agree that we, in our sole discretion,
may modify our dispute policy. We will post any such revised policy on our Web
site at least thirty (30) calendar days before it becomes effective. You agree
that, by maintaining the reservation or registration of your domain after modifications
to the dispute policy become effective, you have agreed to these modifications.
You acknowledge that if you do not agree to any such modification, you may terminate
this Agreement. We will not refund any fees paid by you if you terminate your
Agreement with us.
2.6 DOMAIN DISPUTES. You agree that, if your use of our domain registration
services is challenged by a third party, you will be subject to the provisions
specified in our dispute policy in effect at the time of the dispute. You agree
that in the event a domain dispute arises with any third party, you will indemnify
and hold us harmless pursuant to the terms and conditions set forth below in
this Agreement. If we are notified that a complaint has been filed with a judicial
or administrative body regarding your use of our domain registration services,
you agree not to make any changes to your domain record without our prior approval.
We may not allow you to make changes to such domain record until (i) we are
directed to do so by the judicial or administrative body, or (ii) we receive
notification by you and the other party contesting your registration and use
of our domain registration services that the dispute has been settled. Furthermore,
you agree that if you are subject to litigation regarding your registration
and use of our domain registration services, we may deposit control of your
domain record into the registry of the judicial body by supplying a party with
a registrar certificate from us.
2.7 RESERVATION OF RIGHTS. [Registrar] and the .biz Registry Operator, NeuLevel
expressly reserve the right to deny, cancel or transfer any registration that
it deems necessary, in its discretion, to protect the integrity and stability
of the registry, to comply with any applicable laws, government rules or requirements,
requests of law enforcement, in compliance with any dispute resolution process,
or to avoid any liability, civil or criminal, on the part of [Registrar] and/or
NeuLevel, as well as their affiliates, subsidiaries, officers, directors and
employees. [Registrar] and NeuLevel also reserve the right to freeze a domain
during resolution of a dispute.
3. .NAME . Should you seek to registrar a .NAME second level domain, you
must agree to be bound by the following terms:
3.1 Eligibility Requirements. You represent and warrant that every registration
you are applying for in the .name TLD satisfies the eligibility requirements
("Eligibility Requirements") established by Global Name Registry Ltd.,
the registry for the .name TLD, which are available at the following URL: http://www.icann.org/tlds/agreements/name/registry-agmt-appl-03jul01.htm.
3.2 Dispute Resolution Policies. You agree that every service for which you
register is subject to the Uniform Domain Dispute Resolution Policy (the "UDRP")
and the Eligibility Requirements Dispute Resolution Policy (the "ERDRP"),
which are located at http://www.icann.org/tlds/agreements/name/registry-agmt-appm-03jul01.htm.
Without limiting the foregoing, you agree that (i) every Defensive Registration
is subject to challenge pursuant to the ERDRP; (ii) if a Defensive Registration
is successfully challenged pursuant to the ERDRP, the Defensive Registration
Holder will pay the challenge fees; (iii) if a challenge to a Defensive Registration
is successful, the Defensive Registration will be subject to the procedures
described in the ERDRP and the Eligibility Requirements including, without limitation,
the cancellation of the Defensive Registration Holder's other Defensive Registrations;
and (iv) if a Phase I Defensive Registration (as defined by the .name registry)
is successfully challenged on the basis that it does not meet the applicable
eligibility requirements, the Defensive Registration Holder will thereafter
be required to demonstrate, at its expense, that it meets the eligibility requirements
for Phase I Defensive Registrations for all other Phase I Defensive Registrations
that it registered within .name through any registrar. In the event the Defensive
Registration Holder is unable to demonstrate the foregoing with respect to any
such Phase I Defensive Registration(s), those Defensive Registration(s)will
be cancelled.
3.3 Limitation of Liability. In addition to the other limitations of liability
contained herein, you agree that neither the .name registry nor Verisign shall
have any liability of any kind for any loss or liability resulting from (i)
the processing of registration requests prior to live SRS launch, including,
without limitation, your ability or inability to obtain a Registered Name, a
second-level domain e-mail address registration (an "SLD E-mail Address"),
a Defensive Registration, or a NameWatch Registration using the services provided
by Verisign or the .name registry; or (ii) any dispute over any Registered Name,
SLD E-mail Address, Defensive Registration or NameWatch Registration, including
any dispute resolution proceeding related to any of the foregoing.
4. ALL OTHER ccTLDs:
4.1 Eligibility Requirements. You represent and warrant that every registration
you are applying for in the cc TLD satisfies the eligibility requirements ("Eligibility
Requirements") established the Registry Administrator for that specific
country which are located here.
|
